Bill Text: TX SB2251 | 2017-2018 | 85th Legislature | Comm Sub

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Bill Title: Relating to the creation of the Fort Bend County Municipal Utility District No. 224; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-04-26 - Committee report printed and distributed [SB2251 Detail]

Download: Texas-2017-SB2251-Comm_Sub.html

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By: Kolkhorst S.B. No. 2251
(In the Senate - Filed March 23, 2017; April 3, 2017, read
first time and referred to Committee on Intergovernmental
Relations; April 26, 2017, reported favorably by the following
vote: Yeas 6, Nays 0; April 26, 2017, sent to printer.)
Click here to see the committee vote

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fort Bend County Municipal Utility
District No. 224; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7969 to read as follows:
CHAPTER 7969. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 224
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7969.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Fort Bend County Municipal
Utility District No. 224.
Sec. 7969.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7969.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7969.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7969.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 7969.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7969.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7969.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7969.052, directors serve
staggered four-year terms.
Sec. 7969.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission requesting that
the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7969.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7969.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7969.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7969.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7969.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7969.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7969.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7969.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7969.151. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 7969.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7969.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7969.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7969.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7969.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7969.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7969.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Fort Bend County Municipal Utility District
No. 224 initially includes all the territory contained in the
following area:
A METES & BOUNDS description of a 178.52 acre tract of land in
the Thomas Westall League, Abstract 92, Fort Bend County, Texas,
being comprised of that certain called 1.127 acre tract recorded
under County Clerk's File Number 2007044630, Official Public
Records, Fort Bend County, Texas, and that certain called 56.470
acre tract and portions of those certain called 55.480 acre and
called 73.831 acre tracts recorded under County Clerk's File Number
2004143701, Official Public Records, Fort Bend County, Texas, with
all bearings based upon the Texas Coordinate System, South Central
Zone, NAD83, based upon GPS observations.
Beginning at a 5/8 inch iron rod with cap marked "1535-4035"
found in the northeast right-of-way line of F. M. Highway 1489
(100-feet wide) for the south corner of said called 56.470 acre
tract, same being the west corner of an adjoining called 154 ± acre
tract as recorded under Probate File Number 016127, Probate
Records, Fort Bend County, Texas, for the south corner and Place of
Beginning of the herein described tract;
Thence North 35 degrees 42 minutes 52 seconds West along the
southwest line of the herein described tract, same being the
northeast right-of-way line of F. M. Highway 1489, at 783.00 feet
pass a 5/8 inch iron rod with cap marked "1535-4035" found on said
line for the west corner of said called 56.470 acre tract, being in
the southerly right-of-way line of Vernon Frost Road (60-feet
wide), at 843.62 feet pass a 5/8 inch iron rod with cap marked
"1535-4035" found on said line for the south corner of the
aforementioned called 55.480 acre tract, being in the northerly
right-of-way line of Vernon Frost Road, and continuing for a total
distance of 1,593.71 feet to a point on said line at its
intersection with the existing northeasterly line of the
Extraterritorial Jurisdictional limits of the City of Simonton,
being one-half mile from the corporate limits of the City of
Simonton as established by Ordinance Number 980108 of the City
Council of Simonton, for the lower west corner of the herein
described tract, said point being in a non-tangent curve to the
left;
Thence along said non-tangent curve to the left, being the
northeasterly line of the Extraterritorial Jurisdictional limits
of the City of Simonton, having a central angle of 45 degrees 15
minutes 50 seconds, a radius of 2,640.00 feet, an arc length of
2,085.61 feet, and a chord bearing North 28 degrees 01 minute 05
seconds West, 2,031.80 feet to a point on said line at its
intersection with the west line of the aforementioned called 73.831
acre tract for the upper west corner of the herein described tract,
said point being in the east right-of-way line of F. M. Highway
1489;
Thence North 05 degrees 05 minutes 04 seconds West along the
upper west line of the herein described tract, same being the east
right-of-way line of F. M. Highway 1489, 378.70 feet to a 5/8 inch
iron rod with cap marked "1535-4035" found for the northwest corner
of the herein described tract and said called 73.831 acre tract,
same being a southwest corner of an adjoining called 100.171 acre
tract recorded in Volume 1833, Page 438, Official Records, Fort
Bend County, Texas;
Thence North 88 degrees 58 minutes 41 seconds East along the
upper north line of the herein described tract and the north line of
said called 73.831 acre tract, same being a southwest line of said
adjoining called 100.171 acre tract, 2,488.56 feet to the upper
northeast corner of the herein described tract, being the northeast
corner of said called 73.831 acre tract, same being the northwest
corner of an adjoining called 18.00 acre tract recorded under
County Clerk's File Number 2000043870, Official Public Records,
Fort Bend County, Texas;
Thence South 00 degrees 59 minutes 54 seconds East along the
east line of said called 73.831 acre tract, same being the west line
of said adjoining called 18.00 acre tract, 948.59 feet to the
southeast corner of said called 73.831 acre tract, same being the
southwest corner of said adjoining called 18.00 acre tract, and
being in the north line of the aforementioned called 55.480 acre
tract, as located in the centerline of Bessie's Creek;
Thence along the centerline of Bessie's Creek with the
following meanders:
North 54 degrees 11 minutes 36 seconds East, 133.89
feet;
North 71 degrees 49 minutes 46 seconds East, 212.50 feet
to the northeast corner of said called 55.480 acre tract, being a
northwest corner of an adjoining portion of the Vernon Frost Estate
recorded under Probate File Number 016127, Probate Records, Fort
Bend County, Texas;
Thence South 03 degrees 22 minutes 17 seconds West along the
east line of said called 55.480 acre tract, same being a west line
of said adjoining Vernon Frost Estate, 275.66 feet to an angle
point;
Thence South 06 degrees 04 minutes 43 seconds East continuing
along said line, at 982.05 feet pass a 5/8 inch iron rod found on
said line at its intersection with the northerly right-of-way line
of Vernon Frost Road for the southeast corner of said called 55.480
acre tract, and continuing for a total distance of 1,046.49 feet to
a point for a reentry corner to the herein described tract being in
the southerly right-of-way line of Vernon Frost Road, same being
the northerly line of the aforementioned called 56.470 acre tract;
Thence North 62 degrees 30 minutes 22 seconds East along the
southerly right-of-way line of Vernon Frost Road, same being the
northerly line of said called 56.470 acre tract, 274.12 feet to a
5/8 inch iron rod with cap marked "1535-4035" found for angle point;
Thence South 85 degrees 35 minutes 20 seconds East continuing
along said line, 1,372.06 feet to a 5/8 inch iron rod with cap
marked "1535-4035" found for the lower northeast corner of the
herein described tract and the northeast corner of said called
56.470 acre tract, same being the upper northwest corner of the
aforementioned adjoining called 154 ± acre tract;
Thence South 04 degrees 24 minutes 40 seconds West along the
common line of the herein described tract and said adjoining called
154 ± acre tract, 883.00 feet to the southeast corner of said called
56.470 acre tract;
Thence North 85 degrees 35 minutes 20 seconds West continuing
along said common line, 1,324.09 feet to an angle point;
Thence South 62 degrees 30 minutes 22 seconds West continuing
along said common line, 1,369.17 feet to the Place of Beginning and
containing 178.52 acres of land, more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7969, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7969.106 to read as follows:
Sec. 7969.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
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