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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Orchard Municipal Utility District |
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No. 1; granting a limited power of eminent domain; providing |
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authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8079 to read as follows: |
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CHAPTER 8079. ORCHARD MUNICIPAL UTILITY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8079.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Orchard Municipal Utility |
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District No. 1. |
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Sec. 8079.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8079.0103. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8079.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8079.0103 until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8079.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8079.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8079.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8079.0202, directors |
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serve staggered four-year terms. |
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Sec. 8079.0202. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8079.0103; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8079.0103 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8079.0103; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8079.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8079.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8079.0303. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8079.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8079.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 8079.0306. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8079.0103 to confirm the district's creation. |
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(f) An order dividing the district must: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8079.0103. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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8079.0104 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(k) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8079.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8079.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8079.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8079.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8079.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8079.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8079.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8079.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Orchard Municipal Utility District No. 1 |
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initially includes all the territory contained in the following |
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area: |
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A Field Note Description of 1443 Acres of Land, more or less, |
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being in the Heirs of L. Burknapp Survey, Abstract 109; B.B.B. & C. |
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Railroad Company Survey No. 19, Abstract 135; German Emigration |
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Company Survey, Abstract 181; W.T. Lightfoot Survey, Abstract 282 |
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and Yandell Ferris Survey, Abstract 376, Fort Bend County, Texas. |
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Beginning at a point in Long Lane marking the Southeast |
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corner of the Gail Borden League, Abstract 12; said point being in a |
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West line of this tract; |
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THENCE, North, 784 feet, more or less, along the East line of |
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said Gail Borden League, Abstract 12 and a West line of said L. |
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Burknapp Survey, Abstact 109 and the centerline of Long Lane to a |
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point marking the Northwest corner of this tract; |
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THENCE, East, 2403 feet, more or less, along the North line of |
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said Heirs of L. Burknapp Survey, Abstract 109 and the centerline of |
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Roper Road to a point for corner; |
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THENCE, South, 1212 feet, more or less, along the West line of |
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the said W.T. Lightfoot Survey, Abstract 282 to a point for corner; |
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THENCE, East, 3662 feet, more or less, along the South line of |
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five (5) parcels owned by others to a point in the East line of said |
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W.T. Lightfoot Survey, Abstract 282 for re-entrant corner; |
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THENCE, North, 1298 feet, more or less, to the Northwest |
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corner of the said German Emigration Company Survey, Abstract 181 |
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for corner; |
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THENCE, East, 8340 feet, more or less, along the North line of |
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said German Emigration Company Survey, Abstract 181 and the North |
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line of the said B.B.B. & C. Railroad Company Survey No. 19, |
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Abstract 135 to the Northeast corner of said B.B.B. & C. Railroad |
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Company Survey No. 19, Abstract 135 and Southeast corner of the |
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Sarah Kennedy League, Abstract 45 and being in the West line of the |
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Nancy Spencer Survey, Abstract 88; |
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THENCE, South, along the East line of said B.B.B. & C. |
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Railroad Company Survey No. 19, Abstract 135 and the Yandell Ferris |
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Survey, Abstract 376 and being in the West line of the Nancy Spencer |
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League, Abstract 88, 4586 feet, more or less to a point for corner |
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in a Westerly City of Rosenberg 5280 foot Radius Extra-Territorial |
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Jurisdiction Line for corner; |
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THENCE, South 35deg.18' West, 1959 feet more or less, along |
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said City of Rosenberg 5280 foot Radius Extra-Territorial |
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Jurisdiction Line curve to the left, to a point in the Northeast |
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line of the G.C. & S.F. Railroad right-of-way for corner; |
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THENCE, North 70deg.24' West, 845 feet, more or less, along |
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said Northeast line of the G.C. & S.F. Railroad right-of-way to a |
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point for corner; |
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THENCE, South, crossing the G.C. & S.F. Railroad |
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right-of-way and State Highway No. 36 then along the East line of |
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the 85 Acre Lot 2, a total distance of 2426 feet, more or less, to |
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the Southeast corner of the Wade McNeill call 85 Acre Lot 2 of the |
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J.M. MOORE SUBDIVISION (Volume 109, Page 585; Deed Records); |
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THENCE, West, 1479 feet, more or less, to the Southwest |
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corner of said 85 Acre Tract; |
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THENCE, North, 2695 feet, more of less, to a point in the |
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Southwest line of State Highway No. 36 marking the Northwest corner |
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of said McNeill Tract; |
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THENCE, North 70deg.14' West, 3493 feet, more or less, along |
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said Southwest line of said State Highway No. 36 to a point in the |
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West line of said Yandell Ferris Survey and East line of the said |
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German Emigration Company Survey, Abstract 181 for corner; |
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THENCE, South, 978 feet, along the West line of said Yandell |
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Ferris Survey and East line of the German Emigration Company |
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Survey, Abstract 181 to the Northeast corner of the Heirs of L. |
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Burknapp Survey, Abstract 109 for corner; |
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THENCE, West, 1638 feet, more or less, along the South line of |
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said German Emigration Company Survey, Abstract 181 and a North |
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line of said Heirs of L. Burknapp Survey, Abstract 109 to a point in |
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the East line of said W.T. Lightfoot Survey, Abstract 283 for |
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corner; |
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THENCE, North, 1577 feet, more or less, along the West line of |
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the German Emigration Company Survey, Abstract 181 and East line of |
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said W.T. Lightfoot Survey, Abstract 283 to a point in the Southwest |
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line of the State Highway No. 36 for corner; |
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THENCE, North 70deg.17' West, 390 feet, more or less along |
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the North line of said W.T. Lightfoot Survey, Abstract 283 and South |
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line of the said W.T. Lightfoot Survey, Abstract 282 for corner; |
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THENCE, West, 3393 feet, along said North line of said W.T. |
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Lightfoot Survey, Abstract 283 and South line of the W.T. Lightfoot |
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Survey, Abstract 282 to the Southwest corner of said W.T. Lightfoot |
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Survey, Abstract 282; |
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THENCE, North, 564 feet, more or less, to angle point; |
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THENCE, North 8deg.26' East, 514.22 feet, more or less, to a |
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point in the Southwest line of said State Highway No. 36 for corner; |
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THENCE, North 70deg.08' West, 2524.26 feet, more or less, |
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along the Southwest line of said State Highway No. 36 to a point |
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marking the Southwest corner for this tract; |
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THENCE, North, crossing State Highway No. 36 and said G.C. & |
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S.F. Railroad right-of-way, then along the centerline of Long Lane |
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in all, 915 feet, more or less, to the place of beginning and |
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containing 1443 Acres of Land, more or less. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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8079, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8079.0307 to read as follows: |
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Sec. 8079.0307. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |