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2003S0760-1 03/24/03


By:  Janek                                                        S.B. No. 1885

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Sienna Plantation Management District; providing authority to impose taxes and issue bonds. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. CREATION OF DISTRICT. (a) The Sienna Plantation Management District is a special district created under Section 59, Article XVI, Texas Constitution. (b) The board by resolution may change the name of the district. SECTION 2. DEFINITIONS. In this Act: (1) "Board" means the board of directors of the district. (2) "District" means the Sienna Plantation Management District. SECTION 3. DECLARATION OF INTENT. (a) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this Act. (b) The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the area of the district. (c) The creation of the district and this Act may not be interpreted to relieve Fort Bend County or the City of Missouri City from providing the level of services provided, as of the effective date of this Act, to the area in the district. The district is created to supplement and not to supplant the county or city services provided in the area in the district. (d) By creating the district and in authorizing the City of Missouri City, Fort Bend County, and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution. SECTION 4. BOUNDARIES. The district includes all the territory contained in the following described area:
TRACT NO. 1: 16.86 ACRES
Being a 16.86 acre tract of land located in the Elijah Roark League, A-77, in Fort Bend County, Texas; said 16.86 acre tract being all of the remainder of a call 22.3593 acre tract of land recorded in Clerk's File No. 2000009741 of the Official Records of Fort Bend County, Texas; said 16.86 acre tract being more particularly described by metes and bounds as follows (all bearings are referenced to the Texas Coordinate System, South Central Zone (N.A.D. 27), from the city of Missouri City G.P.S. Monumentation System, marker Numbers 7045 and 7046): Beginning at a 5/8-inch iron rod found for the southwest corner of said 22.3593 acre tract, same being on the north right-of-way line of State Highway 6 (width varies), same being on the east line of Oyster Creek recorded in Volume 847, Page 344 of the Deed Records of Fort Bend County, Texas; Thence, with the west line of said 22.3593 acre tract and said east line of Oyster Creek, the following three (3) courses and distances: 1. North 01 degrees 08 minutes 48 seconds West, a distance of 53.04 feet to a 5/8-inch iron rod found; 2. North 07 degrees 49 minutes 54 seconds East, a distance of 218.93 feet to a 5/8-inch iron rod found; 3. North 16 degrees 10 minutes 50 seconds East, a distance of 166.56 feet to a 5/8-inch iron rod found for the northwest corner of aforesaid 22.3593 acre tract; 4. Thence, with the northeast line of said 22.3593 acre tract and the south line of a call 455.0989 acre tract of land recorded in Volume 2389, Page 1915 of the Official Records of Fort Bend County, Texas, South 72 degrees 53 minutes 53 seconds East, a distance of 4,002.85 feet to a 5/8-inch iron rod found far the northeast corner of said 22.3593 acre tract, same being on the west line of a call 6.7374 acre tract of land recorded in Clerk's File Number 2000009741 of the Official Records of Fort Bend County, Texas; 5. Thence, with the east line of said 22.3593 acre tract and said west line, South 17 degrees 06 minutes 07 seconds West, a distance of 149.81 feet to the northeast right-of-way line of aforesaid State Highway 6; Thence, with said northeast and north right-of-way line, the following eight (8) courses and distances: 6. North 72 degrees 59 minutes 06 seconds West, a distance of 1,856.96 feet; 7. North 17 degrees 00 minutes 54 seconds East, a distance of 93.16 feet; 8. North 72 degrees 45 minutes 17 seconds West, a distance of 139.38 feet; 9. South 48 degrees 22 minutes 34 seconds West, a distance of 109.75 feet; 10. North 72 degrees 59 minutes 04 seconds West, a distance of 558.65 feet; 11. 898.33 feet along the arc of a curve to the left, said curve having a central angle of 17 degrees 17 minutes 16 seconds, a radius of 2,977.29 feet and a chord that bears North 81 degrees 37 minutes 43 seconds West, a distance of 894.93 feet; 12. 291.98 feet along the arc of a curve to the left, said curve having a central angle of 05 degrees 35 minutes 44 seconds, a radius of 2,989.79 feet and a chord that bears North 89 degrees 26 minutes 12 seconds West, a distance of 291.87 feet to a concrete monument found; 13. South 87 degrees 45 minutes 56 seconds West, a distance of 182.11 feet to the Point of Beginning and containing 16.86 acres of land.
TRACT NO. 2: 227.23 ACRES
Being a 227.23 acre tract of land located in the Elijah Roark League, A-77, and the Moses Shipman League, A-86, in Fort Bend County, Texas; said 227.23 acre tract being the remainder of a call 47.66 acre tract of land and all of a call 47.22 acre tract of land both recorded in Clerk's File Number 2000028766 of the Official Records of Fort Bend County, Texas, all of Sienna Plantation Commercial Park Phase One recorded on Slide Number's 1794B and 1795A of the Plat Records of Fort Bend County, Texas, all of Sienna Parkway (100-foot wide) recorded in Volume 1982, Page 363 of the Official Records of Fort Bend County, Texas, out of Sienna Parkway (140-foot wide) recorded in Volume 1911, Page 1168 of the Official Records of Fort Bend County, Texas, out of Trammel Fresno Road (width-varies), all of a call 2.542 acre tract of land recorded in Clerk's File Number 9777114 of the Official Records of Fort Bend County, Texas, out of a call 70.727 acre tract of land recorded in Clerk's File Number 9781306 of the Official records of Fort Bend County, Texas, out of a call 4.778 acre tract of land recorded in Clerk's File Number 2000003919 of the Official Records of Fort Bend County, Texas and out of a call 715.9086 acre tract of land, out of a call 3.3533 acre tract of land, all of a call 4.0396 acre tract of land, all of the remainder of a call 21.7831 acre tract of land, all of a call 0.4537 acre tract of land and out of a call 93.9023 acre tract of land, all six tracts recorded in Clerk's File Number 2000029469 of the Official Records of Fort Bend County, Texas; said 227.23 acre tract being more particularly described by metes and bounds as follows (all bearings are referenced to the Texas Coordinate System, South Central Zone (N.A.D. 27), from the city of Missouri City G.P.S. Monumentation System, marker Numbers 7045 and 7046): Commencing at a 5/8-inch iron rod found for the northwest corner of said 3.3533 acre tract, same being on the south right-of-way line of said Trammel Fresno Road, same being on the east line of said 715.9086 acre tract; Thence, with said south right-of-way line of Trammel Fresno Road, the north line of said 3.3533 acre tract, North 87 degrees 01 minutes 34 seconds East, a distance of 32.36 feet to the Point of Beginning; 1. Thence, continuing with said south right-of-way line, the north line of said 3.3533 acre tract, the north line of aforesaid 4.0396 acre tract, the north line of aforesaid 21.7831 acre tract and the north line of aforesaid 2.542 acre tract, North 87 degrees 01 minutes 34 seconds East, a distance of 896.09 feet to the northeast corner of said 2.542 acre tract, same being at the intersection of said south right-of-way line and the west right-of-way line of Sienna Parkway (140-foot wide) recorded in Volume 1911, Page 1168 of the Official Records of Fort Bend County, Texas; 2. Thence, crossing said Trammel Fresno Road, North 03 degrees 11 minutes 20 seconds West, a distance of 60.00 feet to the north right-of-way line of said Trammel Fresno Road, same being the southwest corner of the remainder of a call 2.2836 acre tract of land recorded in Volume 2059, Page 2013 of the Official Records of' Fort Bend County, Texas; 3. Thence, with said north right-of-way line and the south line of said 2.2836 acre tract. North 86 degrees 47 minutes 22 seconds Fast, a distance of 20.72 feet to the intersection of said north right-of-way line and the west right-of-way line of Sienna Parkway (100-foot wide) recorded in Volume 1982, Page 363 of the Official Records of Fort Bend County, Texas; 4. Thence, with said west right-of-way line, North 03 degrees 05 minutes 01 seconds West, a distance of 155.42 feet to the center of Oyster Creek; Thence, with said center of Oyster Creek, the south line of aforesaid 47.22 acre tract and the north line of the Johnson Estates Subdivision recorded in volume 258, page 592 of the Deed Records of Fort Bend County, Texas the following four (4) courses and distances: 5. North 82 degrees 13 minutes 19 seconds West, a distance of 177.24 feet; 6. North 81 degrees 14 minutes 39 seconds West, a distance of 189.96 feet; 7. North 59 degrees 44 minutes 47 seconds West, a distance of 72.61 feet; 8. South 86 degrees 57 minutes 45 seconds West, a distance of 509.20 feet to a 5/8-inch iron rod with a cap found for the southwest corner of aforesaid 47.22 acre tract, same being the northwest corner of aforesaid Johnson Estates Subdivision, same being on the east line of Sugarland Railroad right-of-way recorded in Volume 4, Page 277 of the Deed Records of Fort Bend County, Texas; Thence, with said east line of Sugarland Railroad right-of-way and the west line of said 47.22 acre tract, the following three (3) courses and distances: 9. North 25 degrees 16 minutes 35 seconds West, a distance of 158.56 feet to a 5/8 inch iron rod found; 10. 710.00 feet along the arc of a curve to the left, said curve having a central angle of 14 degrees 24 minutes 01 seconds, a radius of 2824.93 feet and a chord that bears North 32 degrees 12 minutes 27 seconds West, a distance of 708.13 feet to a 5/8-inch iron rod found; 11. North 39 degrees 14 minutes 34 seconds West, a distance of 996.53 feet to a Texas Department of Transportation monument found for the south end of the southeast cut-back at the intersection of aforesaid Sugarland Railroad east line and State Highway 6 (width-varies); 12. Thence, with said cut-back, North 24 degrees 18 minutes 08 seconds East, a distance of 33.50 feet to a Texas Department of Transportation monument found for the northwest corner of aforesaid 47.22 acre tract, same being on the south right-of-way line of said State Highway 6; Thence, with said south right-of-way line of State Highway 6, the north line of said 47.22 acre tract and the north line of aforesaid 47.66 acre tract, the following nine (9) courses and distances: 13. North 87 degrees 50 minutes 28 seconds East, a distance of 422.45 feet to a 5/8-inch iron rod found 14. 922.11 feet along the arc of a curve to the right, said curve having a central angle of 19 degrees 17 minutes 01 seconds, a radius of 2739.79 feet and a chord that bears South 82 degrees 32 minutes 25 seconds East, a distance of 917.76 feet to a Texas Department of Transportation monument found; 15. South 72 degrees 54 minutes 51 seconds East, a distance of 760.87 feet to a Texas Department of Transportation monument found at the north end of the southwest cut-back at the intersection of aforesaid State Highway 6 and aforesaid Sienna Parkway; 16. South 72 degrees 52 minutes 09 seconds East, a distance of 130.16 feet to a Texas Department of Transportation monument found at the north end of the southeast cut-back at the intersection of said State Highway 6 and said Sienna Parkway; 17. South 72 degrees 55 minutes 24 seconds East, a distance of 255.71 feet; 18. South 83 degrees 16 minutes 49 seconds East, a distance of 304.72 feet to a 1-inch iron pipe found; 19. South 72 degrees 54 minutes 54 seconds East, a distance of 594.06 feet to a Texas Department of Transportation monument found; 20. South 63 degrees 13 minutes 04 seconds East, a distance of 208.61 feet to a 1-inch iron pipe found; 21. South 72 degrees 53 minutes 48 seconds East, a distance of 566.77 feet to a 5/8-inch iron rod with a cap found for the northeast corner of aforesaid 47.66 acre tract, same being the northwest corner of a call 16.3600 acre tract of land recorded in Clerk's File Number 9551923 of the Official Records of Fort Bend County, Texas; 22. Thence, with the east line of said 47.66 acre tract and the west line of said 16.3600 acre tract, South 02 degrees 52 minutes 53 seconds East, a distance of 738.96 feet to a 5/8-inch iron rod with a cap found for the southeast corner of said 47.66 acre tract, same being the southwest corner of said 16.3600 acre tract, same being on the north right-of-way line of aforesaid Trammel Fresno Road; 23. Thence, with the south line of said 47.66 acre tract and said north right-of-way line, South 86 degrees 50 minutes 37 seconds West, a distance of 969.39 feet to the center of Oyster Creek, same being the east corner of aforesaid 2.2836 acre tract; Thence, with said center of Oyster Creek, the south line of said 47.66 acre tract and the north line of said 2.2836 acre tract, the following five (5) courses and distances: 24. North 73 degrees 35 minutes 23 seconds West, a distance of 215.02 feet; 25. South 81 degrees 46 minutes 11 seconds West, a distance of 127.78 feet; 26. South 89 degrees 43 minutes 06 seconds West, a distance of 372.26 feet; 27. North 82 degrees 06 minutes 33 seconds West, a distance of 292.75 feet; 28. North 82 degrees 13 minutes 20 seconds West, a distance of 3.77 feet to the southwest corner of said 47.66 acre tract, same being the east right-of-way line of aforesaid Sienna Parkway; 29. Thence, with said east right-of-way line, South 03 degrees 05 minutes 01 seconds East, a distance of 136.01 feet to the intersection of said east right-of-way line with the north right-of-way line of aforesaid Trammel Fresno Road, same being on the south line of aforesaid 2.2836 acre tract; 30. Thence, with said north right-of-way and said south line, North 86 degrees 47 minutes 22 seconds East, a distance of 19.28 feet; 31. Thence; crossing said Trammel Fresno Road, South 03 degrees 11 minutes 20 seconds East, a distance of 50.00 feet to a 5/8-inch iron rod found for the northwest corner of aforesaid 93.9023 acre tract, same being at the intersection of the south right-of-way line of said Trammel Fresno Road with the east right-of-way line of' aforesaid Sienna Parkway; 32. Thence, with said south right-of-way line, the north line of said 93.9023 acre tract and the north line of aforesaid 94.8239 acre tract, North 87 degrees 17 minutes 28 seconds East, a distance of 860.45 feet to a 3/4-inch iron pipe found for the northern most northeast corner of said 94.8239 acre tract, same being the northwest corner of a call 6.30 acre tract of land recorded in Volume 1881, Page 1665 of the Official Records of Fort Bend County, Texas; 33. Thence, with an east line of said 94.8239 acre tract, the east line of said 93.9023 acre tract and the west line of said 6.30 acre tract, South 15 degrees 44 minutes 36 seconds East, a distance of 613.80 feet; 34. Thence, continuing with said east and west line, South 09 degrees 46 minutes 18 seconds East, a distance of 283.34 feet to a 3/4-inch iron pipe found for an interior corner of said 93.9023 acre tract, same being the southwest corner of said 6.30 acre tract; 35. Thence, with a north line of said 93.9023 acre tract, the south line of said 6.30 acre tract and crossing the remainder of a call 139.175 acre tract of land recorded in Volume 1927, Page 790 of the Official Records of Fort Bend County, Texas, North 74 degrees 34 minutes 14 seconds East, a distance of 676.50 feet to the southern most northeast corner of said 93.9023 acre tract, same being in the center of Oyster Creek, same being on the west line of Lot 2 in Oakwick Forest Estates Section #5 recorded on Slide Number 1443 A of the Plat Records of Fort Bend County, Texas; Thence, with said center of Oyster Creek, the northeast line of said 93.9023 acre tract, the southwest line of said Lot 2, the southwest line of a call 1.0874 acre tract of land recorded in Volume 1202, Page 625 of the Official Records of Fort Bend County, Texas, the southwest line of a call 1.0190 acre tract of land recorded in Clerk's File Number 9522552 of the Official Records of Fort Bend County, Texas, the southwest line of a call 1.0131 acre tract of land recorded in Clerk's File Number 9522550 of the Official Records of Fort Bend County, Texas, the southwest line of a call 1.0004 acre tract of land recorded in Clerk's File Number 9529860 of the Official Records of Fort Bend County, Texas, the southwest line of a call 1.0010 acre tract of land recorded in Clerk's File Number 9647890 of the Official Records of Fort Bend County, Texas, the southwest line of a call 1.0025 acre tract of land recorded in Clerk's File Number 9647890 of the Official Records of Fort Bend County, Texas, the southwest line of a call 1.0159 acre tract of land recorded in Clerk's File Number 9526540 of the Official Records of Fort Bend County, Texas, the southwest line of a call 1.0060 acre tract of land recorded in Volume 1016, Page 574 of the Deed Records of Fort Bend County, Texas, the southwest line of a call 1.0031 acre tract of land recorded in Volume 2485, Page 1775 of the Official Records of Fort Bend County, Texas and the southwest line of a call 1.0921 acre tract of land recorded in Volume 2086, Page 817 of the Official Records of Fart Bend County, Texas, the following five (5) courses and distances: 36. South 35 degrees 34 minutes 41 seconds East, a distance of 388.04 feet; 37. South 21 degrees 02 minutes 51 seconds East, a distance of 567.18 feet; 38. South 28 degrees 36 minutes 02 seconds East, a distance of 353.65 feet: 39. South 45 degrees 26 minutes 42 seconds East, a distance of 433.06 feet: 40. South 55 degrees 07 minutes 47 seconds East, a distance of 400.60 feet to the southeast corner of aforesaid 93.9023 acre tract, same being the northeast corner of the remainder of a call 37.767 acre tract of land recorded in Volume 1356, Page 736 of the Official Records of Fort Bend County, Texas, same being the northwest corner of a call 1.0262 acre tract of land recorded in Volume 773, Page 420 of the Deed Records of Fort Bend County, Texas; 41. Thence, with the southwest line of said 1.0262 acre tract and the northeast line of said 37.767 acre tract, South 53 degrees 30 minutes 03 seconds East, a distance of 156.78 feet; 42. Thence, leaving said southwest line and said northeast line, 701.91 feet along the arc of a curve to the left, said curve having a central angle of 13 degrees 24 minutes 20 seconds, a radius of 3,000.00 feet and a chord that bears North 83 degrees 31 minutes 52 seconds West, a distance of 700.31 feet; 43. Thence, South 89 degrees 45 minutes 58 seconds West, a distance of 2,303.38 feet to the center of aforesaid Sienna Parkway; 44. Thence, with said center of Sienna Parkway, 491.64 feet along the arc of a curve to the right, said curve having a central angle of 28 degrees 12 minutes 23 seconds, a radius of 998.68 feet and a chord that bears North 04 degrees 04 minutes 17 seconds West, a distance of 486.69 feet; 45. Thence, continuing with said center of Sienna Parkway, North 10 degrees 01 minutes 34 seconds East, a distance of 458.12 feet; 46. Thence, leaving said center of Sienna Parkway, North 79 degrees 02 minutes 50 seconds West, a distance of 1,259.70 feet; 47. Thence, North 11 degrees 53 minutes 59 seconds East, a distance of 625.48 feet; 48. Thence, 515.34 feet along the arc of a curve to the left, said curve having a central angle of 36 degrees 54 minutes 31 seconds, a radius of 800.00 feet and a chord that bears North 06 degrees 33 minutes 17 seconds West, a distance of 506.48 feet; 49. Thence, North 25 degrees 00 minutes 32 seconds West, a distance of 6.58 feet to the Point of Beginning and containing 227.23 acres of land. SECTION 5. FINDINGS RELATING TO BOUNDARIES. The boundaries and field notes of the district form a closure. If a mistake is made in the field notes or in copying the field notes in the legislative process, the mistake does not in any way affect the district's: (1) organization, existence, or validity; (2) right to issue any type of bond for a purpose for which the district is created or to pay the principal of and interest on a bond; (3) right to impose or collect an assessment or tax; or (4) legality or operation. SECTION 6. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The district is created to serve a public use and benefit. All the land and other property included in the district will be benefited by the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this Act. (b) The creation of the district is in the public interest and is essential to: (1) further the public purposes of development and diversification of the economy of the state; and (2) eliminate unemployment and underemployment and develop or expand transportation and commerce. (c) The district will: (1) promote the health, safety, and general welfare of residents, employers, employees, visitors, and consumers in the district, and the general public; (2) provide needed funding to preserve, maintain, and enhance the economic health and vitality of the district as a community and business center; and (3) further promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic beauty. (d) Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement. (e) The district will not act as the agent or instrumentality of any private interest even though many private interests will be benefited by the district, as well as the general public. SECTION 7. APPLICATION OF OTHER LAW. (a) Except as otherwise provided by this Act, Chapter 375, Local Government Code, applies to the district. (b) Chapter 311, Government Code, applies to this Act. SECTION 8. CONSTRUCTION OF ACT. This Act shall be liberally construed in conformity with the findings and purposes stated in this Act. SECTION 9. BOARD OF DIRECTORS IN GENERAL. (a) The district is governed by a board of five voting directors appointed under Section 10. (b) Voting directors serve staggered terms of four years, with three directors' terms expiring June 1 of an odd-numbered year and two directors' terms expiring June 1 of the following odd-numbered year. (c) The board may increase or decrease the number of directors on the board by resolution, provided that it is in the best interest of the district to do so and that the board consists of not fewer than five and not more than 15 directors. SECTION 10. APPOINTMENT OF DIRECTORS. The board shall nominate a slate of persons to serve as voting directors. The members of the governing body of Missouri City shall appoint as voting directors the slate of persons nominated by the board. SECTION 11. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT. (a) Except as provided by this section: (1) a director may participate in all board votes and decisions; and (2) Chapter 171, Local Government Code, governs conflicts of interest for directors. (b) Section 171.004, Local Government Code, does not apply to the district. A director who has a substantial interest in a business or charitable entity that will receive a pecuniary benefit from a board action shall file a one-time affidavit declaring the interest. An additional affidavit is not required if the director's interest changes. After the affidavit is filed with the board secretary, the director may participate in a discussion or vote on that action if: (1) a majority of the directors have a similar interest in the same entity; or (2) all other similar business or charitable entities in the district will receive a similar pecuniary benefit. (c) A director who is also an officer or employee of a public entity may not participate in the discussion of or vote on a matter regarding a contract with that same public entity. (d) For purposes of this section, a director has a substantial interest in a charitable entity in the same manner that a person would have a substantial interest in a business entity under Section 171.002, Local Government Code. SECTION 12. ADDITIONAL POWERS OF DISTRICT. The district may exercise the powers given to: (1) a corporation created under Section 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), including the power to own, operate, acquire, construct, lease, improve, and maintain projects described by that section; and (2) a housing finance corporation created under Chapter 394, Local Government Code, to provide housing or residential development projects in the district. SECTION 13. AGREEMENTS; GRANTS. (a) The district may make an agreement with or accept a gift, grant, or loan from any person. (b) The implementation of a project is a governmental function or service for the purposes of Chapter 791, Government Code. SECTION 14. LAW ENFORCEMENT SERVICES. To protect the public interest, the district may contract with Fort Bend County or the City of Missouri City to provide law enforcement services in the district for a fee. SECTION 15. NONPROFIT CORPORATION. (a) The board by resolution may authorize the creation of a nonprofit corporation to assist and act on behalf of the district in implementing a project or providing a service authorized by this Act. (b) The board shall appoint the board of directors of a nonprofit corporation created under this section. The board of directors of the nonprofit corporation shall serve in the same manner as the board of directors of a local government corporation created under Chapter 431, Transportation Code. (c) A nonprofit corporation created under this section has the powers of and is considered for purposes of this Act to be a local government corporation created under Chapter 431, Transportation Code. (d) A nonprofit corporation created under this section may implement any project and provide any service authorized by this Act. SECTION 16. REQUIREMENTS FOR FINANCING SERVICES AND IMPROVEMENTS. The board may not finance a service or improvement project with assessments under this Act unless a written petition requesting that improvement or service has been filed with the board. The petition must be signed by: (1) the owners of a majority of the assessed value of real property in the district subject to assessment as determined by the most recent certified tax appraisal roll for Fort Bend County; or (2) at least 25 persons who own real property in the district, if more than 25 persons own real property in the district as determined by the most recent certified tax appraisal roll for Fort Bend County. SECTION 17. ELECTIONS. (a) The district shall hold an election in the manner provided by Subchapter L, Chapter 375, Local Government Code, to obtain voter approval before the district imposes a maintenance tax or issues a bond payable from ad valorem taxes. (b) The board may include more than one purpose in a single proposition at an election. (c) Section 375.243, Local Government Code, does not apply to the district. SECTION 18. MAINTENANCE TAX. (a) If authorized at an election held in accordance with Section 17, the district may impose an annual ad valorem tax on taxable property in the district for the maintenance and operation of the district and the improvements constructed or acquired by the district or for the provision of services. (b) The board shall determine the tax rate. SECTION 19. ASSESSMENTS. (a) The board by resolution may impose and collect an assessment for any purpose authorized by this Act. (b) Assessments, including assessments resulting from an addition to or correction of the assessment roll by the district, reassessments, penalties and interest on an assessment or reassessment, expense of collection, and reasonable attorney's fees incurred by the district: (1) are a first and prior lien against the property assessed; (2) are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and (3) are the personal liability of and charge against the owners of the property even if the owners are not named in the assessment proceedings. (c) The lien is effective from the date of the resolution of the board imposing the assessment until the date the assessment is paid. The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property. (d) Without necessity of notice and hearing in the manner required for additional assessments, the board may make corrections to or deletions from the assessment roll, provided that such corrections or deletions do not increase the amount of assessment of any parcel of land. SECTION 20. UTILITIES. The district may not impose an impact fee or assessment on the property, equipment, rights-of-way, facilities, or improvements of an electric utility or a power generation company as defined by Section 31.002, Utilities Code, a gas utility as defined by Section 101.003 or 121.001, Utilities Code, or a person that provides to the public cable television or advanced telecommunications services. SECTION 21. BONDS. (a) The district may issue bonds or other obligations payable in whole or in part from ad valorem taxes, assessments, impact fees, revenue, grants, or other money of the district, or any combination of those sources of money, to pay for any authorized purpose of the district. (b) In exercising the district's borrowing power, the district may issue a bond or other obligation in the form of a bond, note, certificate of participation or other instrument evidencing a proportionate interest in payments to be made by the district, or other type of obligation. SECTION 22. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT OBLIGATIONS. Except as provided by Section 375.263, Local Government Code, a municipality is not required to pay a bond, note, or other obligation of the district. SECTION 23. DISBURSEMENTS OR TRANSFERS OF MONEY. The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of the district's money. SECTION 24. COMPETITIVE BIDDING LIMIT. Section 375.221, Local Government Code, applies to the district only for a contract that has a value greater than $25,000. SECTION 25. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT. (a) The board may vote to dissolve a district that has debt. If the vote is in favor of dissolution, the district shall remain in existence solely for the limited purpose of discharging its debts. The dissolution is effective when all debts have been discharged. (b) Section 375.264, Local Government Code, does not apply to the district. SECTION 26. INITIAL DIRECTORS. (a) The initial board consists of the following persons: Pos. No. Name of Director 1 __________________ 2 __________________ 3 __________________ 4 __________________ 5 __________________ (b) Of the initial directors, the terms of directors appointed for positions 1 through 3 expire June 1, 2007, and the terms of directors appointed for positions 4 and 5 expire June 1, 2005. (c) Section 10 does not apply to this section. (d) This section expires September 1, 2007. SECTION 27. TAX AND ASSESSMENT ABATEMENTS. Without further authorization or other procedural requirement, the district may grant, consistent with Chapter 312, Tax Code, an abatement for a tax or assessment owed to the district. SECTION 28. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The district may join and pay dues to an organization that enjoys tax-exempt status under Sections 501(c)(3), 501(c)(4), or 501(c)(6), Internal Revenue Code of 1986, as amended, and perform services or provide activities consistent with the furtherance of the purposes of the district. An expenditure of public money for membership in the organization is considered to further the purposes of the district and to be for a public purpose. SECTION 29. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All of any part of the area of the district is eligible, notwithstanding other statutory criteria, to be included in a tax increment reinvestment zone created by the municipality under Chapter 311, Tax Code, or included in a tax abatement reinvestment zone created by the municipality under Chapter 312, Tax Code. All or any part of the area of the district is also eligible to be included in an enterprise zone created by the municipality under Chapter 2303, Government Code. SECTION 30. ECONOMIC DEVELOPMENT PROGRAMS. The district may establish and provide for the administration of one or more programs, including programs for making loans and grants of public money and providing personnel and services of the district, to promote state or local economic development and to stimulate business and commercial activity in the district. The district has all of the powers and authority of a municipality under Chapter 380, Local Government Code. SECTION 31. LEGISLATIVE FINDINGS. The legislature finds that: (1) proper and 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 by the constitution and laws of this state, including the governor, who has submitted the notice and Act to the Texas Commission on Environmental Quality; (2) the Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time; (3) the general law relating to consent by political subdivisions to the creation of districts with conservation, reclamation, and road powers and the inclusion of land in those districts has been complied with; and (4) 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 have been fulfilled and accomplished. SECTION 32. EFFECTIVE DATE. 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, 2003.