|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of the Fort Bend County Municipal Utility |
|
District No. 203; providing authority to impose a tax and issue |
|
bonds; granting a limited power of eminent domain. |
|
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 8340 to read as follows: |
|
CHAPTER 8340. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 203 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8340.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Fort Bend County Municipal |
|
Utility District No. 203. |
|
Sec. 8340.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 8340.003. 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. 8340.004. 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, or improvement of |
|
macadamized, graveled, or paved roads described by Section 54.234, |
|
Water Code, or improvements, including storm drainage, in aid of |
|
those roads. |
|
Sec. 8340.005. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 2 of the Act creating this chapter. |
|
(b) The boundaries and field notes contained in Section 2 of |
|
the Act creating 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. |
|
[Sections 8340.006-8340.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8340.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 8340.052, directors serve |
|
staggered four-year terms. |
|
Sec. 8340.052. TEMPORARY DIRECTORS. (a) On or after the |
|
effective date of the Act creating 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 Texas Commission on |
|
Environmental Quality 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 8340.003; or |
|
(2) the fourth anniversary of the effective date of |
|
the Act creating this chapter. |
|
(c) If permanent directors have not been elected under |
|
Section 8340.003 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 8340.003; 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. |
|
[Sections 8340.053-8340.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8340.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 8340.102. 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. 8340.103. AUTHORITY FOR ROAD PROJECTS. (a) Under |
|
Section 52, Article III, Texas Constitution, the district may |
|
design, acquire, construct, finance, issue bonds for, improve, and |
|
convey to this state, a county, or a municipality for operation and |
|
maintenance macadamized, graveled, or paved roads described by |
|
Section 54.234, Water Code, or improvements, including storm |
|
drainage, in aid of those roads. |
|
(b) The district may exercise the powers provided by this |
|
section without submitting a petition to or obtaining approval from |
|
the Texas Commission on Environmental Quality as required by |
|
Section 54.234, Water Code. |
|
Sec. 8340.104. APPROVAL OF ROAD PROJECT. (a) The district |
|
may not undertake a road project authorized by Section 8340.103 |
|
unless: |
|
(1) each municipality or county that will operate and |
|
maintain the road has approved the plans and specifications of the |
|
road project, if a municipality or county will operate and maintain |
|
the road; or |
|
(2) the Texas Transportation Commission has approved |
|
the plans and specifications of the road project, if the state will |
|
operate and maintain the road. |
|
(b) Except as provided by Subsection (a), the district is |
|
not required to obtain approval from the Texas Transportation |
|
Commission to design, acquire, construct, finance, issue bonds for, |
|
improve, or convey a road project. |
|
Sec. 8340.105. LIMITATION ON USE OF EMINENT DOMAIN. The |
|
district may not exercise the power of eminent domain outside the |
|
district to acquire a site or easement for: |
|
(1) a road project authorized by Section 8340.103; or |
|
(2) a recreational facility as defined by Section |
|
49.462, Water Code. |
|
[Sections 8340.106-8340.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8340.151. 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 8340.153. |
|
(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. 8340.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 8340.151, 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. 8340.153. 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. |
|
[Sections 8340.154-8340.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 8340.201. 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. 8340.202. 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. 8340.203. 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. 203 initially includes all the territory contained in the |
|
following area: |
|
Being 197.738 acres of land located in the Thomas Westall |
|
League, Abstract 92, and the Noel F. Roberts League, Abstract 79, |
|
Fort Bend County, Texas, more particularly being a portion of that |
|
certain called 69.1455 acre tract conveyed to FM 1489 Farms, Inc., |
|
by instrument of record in File No. 2008055874, Official Public |
|
Records, of Fort Bend County (F.B.C.O.P.R.), being a portion of |
|
that certain called 200.15 acre tract conveyed to Hady Creek Ranch, |
|
Inc., by instrument of record in File No. 2006084768, F.B.C.O.P.R., |
|
being a portion of that certain called 45.7951 acre tract conveyed |
|
to Mullins Ranch, Inc., by instrument of record in File No. |
|
2006143619, F.B.C.O.P.R., being all of that certain called 43.348 |
|
acre tract conveyed to Mullins Ranch, Inc., by instrument of record |
|
in File No. 2006109294, F.B.C.O.P.R., all of that certain called |
|
10.0 acre tract conveyed to Mullins Ranch, Inc., by instrument of |
|
record in File No. 2006062118, F.B.C.O.P.R., and being all of that |
|
certain called 24.995 acre tract (described as Tract One, Two and |
|
Three) conveyed to Mullins Ranch, Inc. by instrument of record in |
|
File No. 2007099337, F.B.C.O.P.R., said 197.738 acres being more |
|
particularly described in six (6) parts by metes and bounds as |
|
follows (all bearings are assumed); |
|
PART ONE |
|
BEGINNING at the northwest corner of said 69.1455 acre tract, |
|
same being the northeast corner of that certain called 79.309 acre |
|
tract conveyed to Debra Sabrsula, et vir, by instrument of record in |
|
File No. 2000103016, F.B.C.O.P.R., and within the right-of-way of |
|
Stanberry Road; |
|
Thence, with the north line of said 69.1455 acre tract, |
|
North 87° 59' 20" East (called South 89° 57' 42" East), 912.00 feet to |
|
the northeast corner of said 69.1455 acre tract; |
|
Thence, with the east line of said 69.1455 acre tract, |
|
South 46° 16' 58" East, 476.50 feet to a point for corner; |
|
Thence, South 43° 50' 03" West, at 14.19 feet pass the |
|
north corner of that certain called 3 acre tract conveyed to Janie |
|
Dreyer, et al, by instrument of record in File No. 2004009841, |
|
F.B.C.O.P.R., and with the northerly line said 3 acre tract in all a |
|
total length of 196.58 feet to a point for corner, the west corner |
|
of said 3 acre tract; |
|
Thence, with the westerly line of said 3 acre tract, |
|
South 40° 26' 08" East, 642.23 feet to a point for corner, the south |
|
corner of said 3 acre tract; |
|
Thence, with the southerly line of said 3 acre tract, |
|
North 39° 17' 20" East, at 219.68 feet pass the east corner of said 3 |
|
acre tract in all a total length of 256.45 feet to a point for corner |
|
on the east line of said 69.1455 acre tract; |
|
Thence, with the east line of said 69.1455 acre tract, |
|
South 52° 26' 26" East, 362.53 feet to a point for corner; |
|
Thence, continuing with said east line, South 50° 04' |
|
00" East, 88.47 feet to a point for corner; |
|
Thence, leaving said east line, South 82° 09' 00" West, |
|
2018.61 feet to a point for corner on the west line of said 69.1455 |
|
acre tract; |
|
Thence, with said west line, North 02° 25' 03" West |
|
(called North 00° 22' 07" West), 1284.07 feet to the POINT OF |
|
BEGINNING and containing 37.110 acres of land. |
|
PART TWO |
|
BEGINNING at the northwest corner of said 200.15 acre |
|
tract, same being the southwest corner of that certain called |
|
59.752 acre tract conveyed to Jim Berger, et ux, by instrument of |
|
record in File No. 9730382, F.B.C.O.P.R., and on the east |
|
right-of-way line of F.M. 1489 (called 100 feet wide); |
|
Thence, with the north line of said 200.15 acre tract, |
|
North 88° 05' 32" East (called North 87° 57' 56" East), 2178.93 feet |
|
to the northeast corner of said 200.15 acre tract, same being on the |
|
common line of the aforementioned Thomas Westall League and the |
|
Noel F. Roberts League; |
|
Thence, with the east line of said 200.15 acre tract and |
|
with said common survey line, South 02° 10' 14" East, 1675.55 feet to |
|
a point for corner; |
|
Thence, leaving said east line and said common survey |
|
line, North 58° 01' 26" West, 532.10 feet to a point for corner; |
|
Thence, North 67° 52' 22" West, 486.38 feet to a point |
|
for corner; |
|
Thence, North 77° 58' 23" West, 486.25 feet to a point |
|
for corner; |
|
Thence, North 87° 57' 02" West, 584.71 feet to a point |
|
for corner on the west line of said 200.15 acre tract and on the east |
|
line of said F.M. 1489; |
|
Thence, with the common line of said 200.15 acre tract |
|
and said F.M. 1489, North 05° 22' 51" West, 19.79 feet to a point for |
|
corner, the beginning of a curve; |
|
Thence, continuing with said common line, 1038.34 feet |
|
along the arc of a tangent curve to the left, having a radius of |
|
2915.00 feet, a central angle of 20° 24' 33" and a chord which bears |
|
North 15° 35' 07" West, 1032.86 feet to the POINT OF BEGINNING and |
|
containing 56.634 acres of land. |
|
PART THREE |
|
BEGINNING at the most northerly northeast corner of |
|
said 24.995 acre tract, same being the northwest corner of that |
|
certain called 14.598 acre tract conveyed to Paul C. Edris, et ux, |
|
by instrument of record in File No. 2004142696, F.B.C.O.P.R., and |
|
on the south line of that certain called 304.5 acre tract conveyed |
|
to Phillip Mason Hunt, et al, by instrument of record in File |
|
2004029309, F.B.C.O.P.R. |
|
Thence, with the east line of said 24.995 acre tract, |
|
South 02° 23' 38" East (called South 00° 53' 56" East), 1371.83 feet |
|
to a reentrant corner of said 24.995 acre tract; |
|
Thence, with a north line of said 24.995 acre tract, |
|
North 87° 32' 14" East, 800.00 feet to the most easterly northeast |
|
corner of said 24.995 acre tract, same being on the west |
|
right-of-way line of Hannibal Road (width varies); |
|
Thence, with the common line of said 24.995 acre tract |
|
and said Hannibal Road, South 02° 24' 32" East, 271.87 feet to the |
|
southeast corner of said 24.995 acre tract, same being on the north |
|
right-of-way line of said Hannibal Road; |
|
Thence, with the common line of said 24.995 acre tract |
|
and said Hannibal Road, South 87° 31' 30" West, 1328.76 feet to the |
|
southwest corner of said 24.995 acre tract; |
|
Thence, with the west line of said 24.995 acre tract, |
|
North 02° 23' 38" West (called North 00° 53' 56" West), 1651.80 feet |
|
to the northwest corner of said 24.995 acre tract; |
|
Thence, with the north line of said 24.995 acre tract, |
|
North 88° 23' 04" East, 528.73 feet to the POINT OF BEGINNING and |
|
containing 24.994 acres of land. |
|
PART FOUR |
|
BEGINNING at the northwest corner of the aforementioned |
|
10.0 acre tract, same being the most northerly northeast corner of |
|
that certain called 647.182 acre tract (described as Tract A) |
|
conveyed to Mullins Ranch, Inc., by instrument of record in File No. |
|
2006089820, F.B.C.O.P.R., and on the south right-of-way line of |
|
said Hannibal Road; |
|
Thence, with the common line of said 10.0 acre tract and |
|
said Hannibal Road, North 85° 23' 38" East (called North 87° 59' 40" |
|
East), 356.17 feet to the northeast corner of said 10.0 acre tract; |
|
Thence, with the east line of said 10.0 acre tract, |
|
South 02° 13' 20" East, 1230.47 feet to the southeast corner of said |
|
10.0 acre tract, same being on a north line of said 647.182 acre |
|
tract; |
|
Thence, with the common line of said 10.0 and 647.182 |
|
acre tracts, South 87° 27' 19" West, 355.87 feet to the southwest |
|
corner of said 10.0 acre tract; |
|
Thence, continuing with said common line, North 02° 13' |
|
20" West, 1217.66 feet to the POINT OF BEGINNING and containing |
|
10.000 acres of land. |
|
PART FIVE |
|
BEGINNING at the northeast corner of the aforementioned |
|
43.348 acre tract, same being the southeast corner of that certain |
|
called 39.882 acre tract conveyed to Timothy S. Raisbeck, et ux, by |
|
instrument of record in File 1999073288, F.B.C.O.P.R, and on the |
|
common line of the aforementioned Noel F. Roberts League and the |
|
John Randon League, Abstract 76; |
|
Thence, with the east line of said 43.348 acre tract and said |
|
common survey line, South 02° 46' 24" East (called South 02° 13' 49" |
|
East), 885.66 feet to the southeast corner of said 43.348 acre |
|
tract; |
|
Thence, leaving said common survey line and with the |
|
south line of said 43.348 acre tract, South 87° 17' 58" West, 2125.52 |
|
feet to the southwest corner of said 43.348 acre tract; |
|
Thence, with the west line of said 43.348 acre tract, |
|
North 03° 09' 48" West, 890.50 feet the northwest corner of said |
|
43.348 acre tract; |
|
Thence, with the north line of said 43.348 acre tract, |
|
the following three (3) courses: |
|
1) North 87° 34' 26" East (called North 88° 07' 01" East), |
|
791.55 feet to a point for corner; |
|
2) North 87° 16' 57" East, 642.55 feet to a point for |
|
corner; |
|
3) North 87° 23' 59" East, 697.49 feet to the POINT OF |
|
BEGINNING and containing 43.356 acres of land. |
|
PART SIX |
|
BEGINNING at the northeast corner of the aforementioned |
|
45.7951 acre tract which lies within the right-of-way of Pool Hill |
|
Road, same being the southeast corner of that certain called 10.00 |
|
acre tract conveyed to Lauro Arellano, et ux, by instrument of |
|
record in File No. 2006154744, F.B.C.O.P.R.; |
|
Thence, with the east line of said 45.7951 acre tract, |
|
South 01° 58' 27" East (called South 00° 37' 34" West), 200.23 feet to |
|
a point for corner; |
|
Thence, continuing with said east line, South 86° 59' |
|
39" West, 18.99 feet to a point for corner on the west line of said |
|
Pool Hill Road; |
|
Thence, with the common line of said 45.7951 acre tract and |
|
said Pool Hill Road, South 01° 41' 01" East, 143.83 feet to a point |
|
for corner; |
|
Thence, leaving said common line, South 80° 19' 45" |
|
West, 476.69 feet to a point for corner; |
|
Thence, South 72° 53' 44" West, 390.99 feet to a point |
|
for corner; |
|
Thence, South 63° 48' 56" West, 499.55 feet to a point |
|
for corner; |
|
Thence, South 53° 32' 30" West, 630.44 feet to a point |
|
for corner on the south line of said 45.7951 acre tract and on a |
|
north line of the aforementioned 647.182 acre tract; |
|
Thence, with the common line of said 45.7951 and 647.182 |
|
acre tracts, South 87° 11' 19" West, 784.72 feet to the southwest |
|
corner of said 45.7951 acre tract, same being the southeast corner |
|
of that certain called 18.525 acre tract (described as Tract B) |
|
conveyed to Mullins Ranch, Inc., by instrument of record in File No. |
|
2006089820, F.B.C.O.P.R.; |
|
Thence, with the common line of said 45.7951 and 18.525 |
|
acre tracts, North 02° 40' 01" West, 507.09 feet to the common north |
|
corner of said 45.7951 and 18.525 acre tracts, same being on an |
|
interior line of said 647.182 acre tract; |
|
Thence, with the common line of said 45.7951 and 647.182 |
|
acre tracts, North 87° 06' 02" East, 1445.65 feet to a reentrant |
|
corner of said 45.7951 acre tract; |
|
Thence, continuing with said common line, North 00° 40' |
|
26" West, 532.09 feet to the most northerly northwest corner of said |
|
45.7951 acre tract; |
|
Thence, with the north line of said 45.7951 acre tract, |
|
North 86° 59' 39" East, 1178.24 feet to the POINT OF BEGINNING and |
|
containing 25.644 acres of land. |
|
Said Part One, Part Two, Part Three, Part Four, Part |
|
Five and Part Six containing a total of 197.738 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. 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, 2009. |