Bill Text: TX HB2286 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the creation of the Fort Bend County Municipal Utility District No. 212; 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) 2013-05-07 - Considered in Local & Consent Calendars [HB2286 Detail]
Download: Texas-2013-HB2286-Introduced.html
83R7068 PMO-F | ||
By: Zerwas | H.B. No. 2286 |
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relating to the creation of the Fort Bend County Municipal Utility | ||
District No. 212; 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 8445 to read as follows: | ||
CHAPTER 8445. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 212 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8445.001. 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. 212. | ||
Sec. 8445.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8445.003. 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. 8445.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 8445.003 | ||
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. 8445.005. 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. 8445.006. 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. 8445.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8445.052, directors serve | ||
staggered four-year terms. | ||
Sec. 8445.052. 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 8445.003; 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 8445.003 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 8445.003; 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. 8445.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8445.102. 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. 8445.103. 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. 8445.104. 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, zoning and | ||
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. 8445.105. 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. 8445.151. 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 8445.153. | ||
(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. 8445.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8445.151, 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. 8445.153. 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. 8445.201. 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. 8445.202. 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. 8445.203. 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. 212 initially includes all the territory contained in the | ||
following area: | ||
TRACT 1 | ||
BEING a 444.86 acre tract of land situated in the John Foster | ||
2-1/2 League Grant, Abstract No. 26 of Fort Bend County, Texas and | ||
being part of a called 1410.69 acre tract of land described as | ||
Second Tract and all of a called 265.11 acre tract described as | ||
Forth Tract and all of a called 34.8 acre tract described as Sixth | ||
Tract also all of a called 0.72 acre tract described as Seventh | ||
Tract in a conveyance to Foster Farms, Inc. recorded in Volume 362, | ||
Page 549 of the Fort Bend County Deed Records (F.B.C.D.R.), said | ||
444.86 acre tract of land described by metes and bounds as follows: | ||
BEGINNING at the northeast corner of said 265.11 acre tract | ||
and being in the southern right-of-way line of F. M. 359 (100-foot | ||
wide); | ||
THENCE, S 00° 39' 06" E, a distance of 4,527.65 feet to the | ||
southeast corner of the herein described tract and being in the | ||
southern right-of-way line of Beadle Drive (80-feet wide); | ||
THENCE, S 89° 58' 40" W, a distance of 5,735.23 feet along | ||
said southern right-of-way line to the southwest corner of the | ||
herein described tract and being in the west line of said 1410.69 | ||
acre tract and the east line of a called 3063.45 acre tract | ||
described as First Tract in the deed recorded in Volume 362, Page | ||
549 of the F.B.C.D.R.; | ||
THENCE, NORTH, a distance of 2,145.78 feet along the line | ||
common to said 1410.69 acre tract and said 3063.45 acre tract to an | ||
angle point; | ||
THENCE, N 00° 03' 10" E, a distance of 212.73 feet to the most | ||
westerly northwest corner of the herein described tract and being | ||
in the centerline of Jones Creek; | ||
THENCE, along the centerline of Jones Creek the following | ||
courses and distances: | ||
S 78° 51' 08" E, a distance of 391.70 feet to a point for | ||
corner; | ||
N 84° 10' 17" E, a distance of 331.68 feet to a point for | ||
corner; | ||
N 76° 23' 23" E, a distance of 204.37 feet to a point for | ||
corner; | ||
N 70° 21' 24" E, a distance of 176.10 feet to a point for | ||
corner; | ||
N 65° 02' 57" E, a distance of 120.94 feet to a point for | ||
corner; | ||
N 73° 07' 51" E, a distance of 134.93 feet to a point for | ||
corner; | ||
N 40° 10' 10" E, a distance of 140.10 feet to a point for | ||
corner; | ||
N 29° 07' 50" E, a distance of 206.30 feet to a point for | ||
corner; | ||
N 36° 42' 30" E, a distance of 179.60 feet to a point for | ||
corner; | ||
N 46° 15' 10" E, a distance of 231.00 feet to a point for | ||
corner; | ||
N 57° 46' 30" E, a distance of 210.50 feet to a point for | ||
corner; | ||
N 60° 28' 30" E, a distance of 234.75 feet to a point for | ||
corner; | ||
N 63° 30' 20" E, a distance of 209.90 feet to a point for | ||
corner; | ||
N 75° 53' 50" E, a distance of 245.40 feet to a point for | ||
corner; | ||
N 84° 23' 30" E, a distance of 314.25 feet to a point for | ||
corner; | ||
S 87° 35' 30" E, a distance of 228.80 feet to a point for | ||
corner; | ||
S 78° 18' 00" E, a distance of 302.14 feet to a point for | ||
corner; | ||
S 71° 40' 10" E, a distance of 173.50 feet to a point for | ||
corner; | ||
S 79° 09' 30" E, a distance of 326.40 feet to a point for | ||
corner; | ||
N 79° 30' 30" E, a distance of 151.50 feet to a point for | ||
corner; | ||
N 50° 57' 20" E, a distance of 209.40 feet to a point for | ||
corner; | ||
N 29° 11' 50" E, a distance of 147.40 feet to a point for | ||
corner; | ||
N 02° 35' 50" E, a distance of 202.20 feet to a point for | ||
corner; | ||
N 07° 38' 30" W, a distance of 560.65 feet to a point for | ||
corner; | ||
N 06° 01' 40" W, a distance of 671.97 feet to the most | ||
northerly northwest corner of the herein described tract; | ||
THENCE, S 78° 30' 50" E, a distance of 117.07 feet to the | ||
southwest corner of said 0.72 acre tract; | ||
THENCE, N 11° 29' 10" E, a distance of 23.31 feet to northwest | ||
corner of said 0.72 acre tract and being in the southern | ||
right-of-way line of said F. M. 359; | ||
THENCE, along the southern right-of-way lines of said F. M. | ||
359 the following courses and distances: | ||
S 69° 55' 20" E, a distance of 1,402.20 feet to the point | ||
of curvature of a curve to the right; | ||
In an Southeasterly direction along said curve to the | ||
right, a distance of 92.41 feet, having a radius of 3,770.00 feet, a | ||
central angle of 01° 24' 16" and a chord which bears S 69° 13' 12" E, | ||
92.41 feet to the POINT OF BEGINNING and containing 454.86 acres of | ||
land, save and except a called 10.00 acre tract described and | ||
recorded under F.B.C.C.F. No. 2005020111 leaving a net acreage of | ||
444.86 acres of land. | ||
TRACT 2 | ||
BEING a 47.97 acre tract of land situated in the John Foster | ||
2-1/2 League Grant, Abstract No. 26 of Fort Bend County, Texas and | ||
being part of a called 3063.45 acre tract of land described as First | ||
Tract in a conveyance to Foster Farms, Inc. recorded in Volume 362, | ||
Page 549 of the Fort Bend County Deed Records (F.B.C.D.R.), said | ||
47.97 acre tract of land described by metes and bounds as follows: | ||
COMMENCING at the southwest corner of a called 128.109 acre | ||
tract described and recorded in Volume 757, Page 585 of the | ||
F.B.C.D.R.; | ||
THENCE, N 00° 03' 10" E, a distance of 127.03 feet along the | ||
west line of said 128.109 acre tract to the southeast corner of the | ||
herein described tract and being the POINT OF BEGINNING; | ||
THENCE, along the lines common to the herein described tract | ||
and a called 39.503 acre tract described and recorded in Volume 27, | ||
Page 548 of the F.B.C.D.R. the following courses and distances: | ||
N 75° 04' 00" W, a distance of 14.61 feet to a point for | ||
corner; | ||
N 64° 54' 00" W, a distance of 170.00 feet to a point for | ||
corner; | ||
N 59° 54' 00" W, a distance of 164.00 feet to a point for | ||
corner; | ||
N 47° 02' 00" W, a distance of 566.00 feet to a point for | ||
corner; | ||
N 48° 54' 00" W, a distance of 1000.00 feet to a point | ||
for corner; | ||
N 62° 04' 00" W, a distance of 242.00 feet to a point for | ||
corner; | ||
N 37° 29' 00" W, a distance of 447.00 feet to a point for | ||
corner; | ||
N 10° 20' 00" W, a distance of 123.00 feet to a point for | ||
corner; | ||
N 22° 41' 00" W, a distance of 145.00 feet to a point for | ||
corner; | ||
N 04° 35' 00" E, a distance of 166.50 feet to a point for | ||
corner; | ||
N 29° 03' 00" E, a distance of 161.50 feet to a point for | ||
corner; | ||
N 59° 03' 00" E, a distance of 150.00 feet to a point for | ||
corner; | ||
N 86° 43' 00" E, a distance of 300.00 feet to a point for | ||
corner; | ||
S 44° 11' 00" E, a distance of 600.00 feet to a point for | ||
corner; | ||
S 35° 19' 00" E, a distance of 225.00 feet to a point for | ||
corner; | ||
S 56° 05' 00" E, a distance of 400.00 feet to a point for | ||
corner; | ||
S 69° 31' 00" E, a distance of 300.00 feet to a point for | ||
corner; | ||
S 88° 24' 00" E, a distance of 300.00 feet to a point for | ||
corner; | ||
N 77° 12' 00" E, a distance of 63.36 feet to the | ||
northeast corner of the herein described tract and being in the west | ||
line of said 128.109 acre tract; | ||
THENCE, S 00° 03' 10" W, a distance of 1,389.24 feet along the | ||
west line of said 128.109 acre tract to the POINT OF BEGINNING and | ||
containing 47.97 acres of land. | ||
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 | ||
8445, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8445.106 to read as follows: | ||
Sec. 8445.106. 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, 2013. |