|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of the Fort Bend County Municipal Utility |
|
District No. 222; granting a limited power of eminent domain; |
|
providing authority to issue bonds; providing authority to impose |
|
assessments, fees, and taxes. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle F, Title 6, Special District Local Laws |
|
Code, is amended by adding Chapter 8076 to read as follows: |
|
CHAPTER 8076. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 222 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8076.0101. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a board member. |
|
(4) "District" means the Fort Bend County Municipal |
|
Utility District No. 222. |
|
Sec. 8076.0102. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 8076.0103. CONFIRMATION AND DIRECTOR 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. 8076.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section |
|
8076.0103 until each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located has |
|
consented by ordinance or resolution to the creation of the |
|
district and to the inclusion of land in the district. |
|
Sec. 8076.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
|
(a) The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 8076.0106. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 2 of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in Section 2 of |
|
the Act enacting this chapter form a closure. A mistake made in the |
|
field notes or in copying the field notes in the legislative process |
|
does not affect the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on a bond; |
|
(3) right to impose a tax; or |
|
(4) legality or operation. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8076.0201. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 8076.0202, directors |
|
serve staggered four-year terms. |
|
Sec. 8076.0202. TEMPORARY DIRECTORS. (a) On or after the |
|
effective date of the Act enacting this chapter, the owner or owners |
|
of a majority of the assessed value of the real property in the |
|
district may submit a petition to the commission requesting that |
|
the commission appoint as temporary directors the five persons |
|
named in the petition. The commission shall appoint as temporary |
|
directors the five persons named in the petition. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8076.0103; or |
|
(2) the fourth anniversary of the effective date of |
|
the Act enacting this chapter. |
|
(c) If permanent directors have not been elected under |
|
Section 8076.0103 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 8076.0103; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(d) If Subsection (c) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8076.0301. GENERAL POWERS AND DUTIES. The district |
|
has the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 8076.0302. 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. 8076.0303. AUTHORITY FOR ROAD PROJECTS. Under Section |
|
52, Article III, Texas Constitution, the district may design, |
|
acquire, construct, finance, issue bonds for, improve, operate, |
|
maintain, and convey to this state, a county, or a municipality for |
|
operation and maintenance macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 8076.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
|
road project must meet all applicable construction standards, |
|
zoning and subdivision requirements, and regulations of each |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the road project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
Sec. 8076.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
|
ORDINANCE OR RESOLUTION. The district shall comply with all |
|
applicable requirements of any ordinance or resolution that is |
|
adopted under Section 54.016 or 54.0165, Water Code, and that |
|
consents to the creation of the district or to the inclusion of land |
|
in the district. |
|
Sec. 8076.0306. DIVISION OF DISTRICT. (a) The district may |
|
be divided into two or more new districts only if the district: |
|
(1) has never issued any bonds; and |
|
(2) is not imposing ad valorem taxes. |
|
(b) This chapter applies to any new district created by |
|
division of the district, and a new district has all the powers and |
|
duties of the district. |
|
(c) A new district created by division of the district may |
|
not, at the time the new district is created, contain any land |
|
outside the area described by Section 2 of the Act enacting this |
|
chapter. |
|
(d) The board, on its own motion or on receipt of a petition |
|
signed by the owner or owners of a majority of the assessed value of |
|
the real property in the district, may adopt an order dividing the |
|
district. |
|
(e) The board may adopt an order dividing the district |
|
before or after the date the board holds an election under Section |
|
8076.0103 to confirm the district's creation. |
|
(f) An order dividing the district shall: |
|
(1) name each new district; |
|
(2) include the metes and bounds description of the |
|
territory of each new district; |
|
(3) appoint temporary directors for each new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between or among the new districts. |
|
(g) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the commission and record the order in the real property |
|
records of each county in which the district is located. |
|
(h) A new district created by division of the district shall |
|
hold a confirmation and directors' election as required by Section |
|
8076.0103. |
|
(i) If the creation of the new district is confirmed, the |
|
new district shall provide the election date and results to the |
|
commission. |
|
(j) A new district created by division of the district must |
|
hold an election as required by this chapter to obtain voter |
|
approval before the district may impose a maintenance tax or issue |
|
bonds payable wholly or partly from ad valorem taxes. |
|
(k) Municipal consent to the creation of the district and to |
|
the inclusion of land in the district granted under Section |
|
8076.0104 acts as municipal consent to the creation of any new |
|
district created by division of the district and to the inclusion of |
|
land in the new district. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8076.0401. 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 8076.0403. |
|
(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. 8076.0402. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 8076.0401, 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. 8076.0403. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 8076.0501. 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. 8076.0502. 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. 8076.0503. 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. 222 initially includes all the territory contained in the |
|
following area: |
|
BEING a 1,309.2 acre tract of land situated in the Micajah |
|
Autrey Survey, Abstract No. 100, the H. & T.C. R.R. Co. Survey, |
|
Section 75, Abstract No. 732, and the John J. Bond Survey, Abstract |
|
No. 113 of Fort Bend County, Texas and being a portion of a called |
|
1,316.47 acre tract of land as described in an instrument to F, H, & |
|
L 2012 Trust U/T/A, et. al. recorded under Fort Bend County Clerk's |
|
File Number (F.B.C.C.F. No.) 2012149037, said 1,309.2 acre tract of |
|
land described by metes and bounds as follows: |
|
BEGINNING at a 1/2-inch iron pipe with cap stamped "KALKOMEY |
|
SURVEYING" found for the Southwest corner of the herein described |
|
tract, lying in the South line of said John J. Bond Survey, same |
|
being the common North line of the Rufus Wright Survey, Abstract |
|
No. 344 and a called 461.36 acre tract of land described as Tract 2 |
|
in an instrument to FF Texas Holdings LP recorded under F.B.C.C.F. |
|
No. 2013104491, lying on the East right-of-way line of Jordan Road |
|
(80 feet wide) as recorded under Volume 398, Page 94 through 100 of |
|
the Deed Records of Fort Bend County (D.R.F.B.C.), and bears N 87° |
|
31'41" E, 39.79 feet from the common Southwest corner of said |
|
1,316.47 acre tract and said John J. Bond Survey lying on the |
|
centerline of said Jordan Road and the East line of the Nathan |
|
Brookshire League, Abstract No. 14; |
|
THENCE, along and with the East right-of-way line of said |
|
Jordan Road, the following courses and distance: |
|
N 02° 21' 18" W, a distance of 1,588.78 feet to a 1/2-inch |
|
pipe with cap stamped "BGE INC" for an angle point in the West line |
|
of the herein described tract; |
|
N 02° 16' 07" W, continuing along the East right-of-way line |
|
of said Jordan Road for a total distance of 5,174.62 feet to a |
|
1/2-inch pipe with cap stamped "BGE INC" for an angle point in the |
|
West line of the herein described tract; |
|
N 02° 30' 17" W, continuing along and with the East |
|
right-of-way line of said Jordan Road for a total distance of |
|
1,757.92 feet to a 1/2-inch pipe with cap stamped "BGE INC" for the |
|
Northwest corner of the herein described tract from which the |
|
centerline of Jordan Road and the Northwest corner of said 1,316.47 |
|
acre tract bears S 87° 38' 20" W, 40.00 feet; |
|
THENCE, N 87° 38' 20" E, continuing along and with the North |
|
line of said 1,316.47 acre tract for a total distance of 5,994.26 |
|
feet to a 2-inch pipe found for the common Northeast corner of said |
|
1,316.47 acre tract and the herein described tract, |
|
THENCE, S 01° 59' 02" E, along and with the common East line |
|
of said 1,316.47 acre tract and said H. & T.C. R.R. Co. Survey, |
|
Section 75, A-732 for a total distance of 5,617.04 feet to a |
|
1/2-inch iron pipe with cap stamped "BGE INC" for the common |
|
interior corner of said 1,316.47 acre tract, said Micajah Autrey |
|
Survey, and the herein described tract; |
|
THENCE, N 87° 50' 09" E, a distance of 2,143.64 feet along and |
|
with the common line of said 1,316.47 acre tract and said Micajah |
|
Autrey Survey, to a 1-1/2-inch iron pipe found for a common corner |
|
of said 1,316.47 acre tract and the herein described tract; |
|
THENCE, S 02° 28' 42" E, along and with the East line of said |
|
1,316.47 acre tract for a total distance of 2,879.51 feet to a |
|
1-inch iron pipe found for the common Southeast corner of said |
|
1,316.47 acre tract, said John J. Bond Survey, and the herein |
|
described tract; |
|
THENCE, S 87° 29' 13" W, a distance of 2,539.09 feet along and |
|
with the common South line of said 1,316.47 acre tract and said John |
|
J. Bond Survey to a found 5/8-inch iron rod; |
|
THENCE, S 87° 31' 41" W, a distance of 5,571.85 feet along and |
|
with the common South line of said 1,316.47 acre tract and said John |
|
J. Bond Survey to the POINT OF BEGINNING and containing 1,309.2 |
|
acres of land. |
|
Bearing orientation is based on the Texas Coordinate System |
|
of 1983 (NAD83), South Central Zone 4204 and is referenced to |
|
monuments found along the perimeter of a called 1,316.47 acre tract |
|
of land as cited herein and as shown on a survey plat of even date |
|
prepared by the undersigned in conjunction with this metes and |
|
bounds description. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
8076, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8076.0307 to read as follows: |
|
Sec. 8076.0307. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2019. |