81R6260 SLB-F

By: Zerwas H.B. No. 1598

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" East, 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.