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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.