SB3038 - Relating to the creation of the Fort Bend County Municipal Utility District No. 286; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

      By: Huffman S.B. No. 3038     A BILL TO BE ENTITLED   AN ACT   relating to the creation of the Fort Bend County Municipal Utility   District No. 286; 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 8017A to read as follows:   CHAPTER   8017A.     FORT BEND COUNTY   MUNICIPAL UTILITY DISTRICT   NO.   286   SUBCHAPTER A.   GENERAL PROVISIONS           Sec. 8017A.0101.  DEFINITIONS.  In this chapter:                 (1)  "Board" means the district's board of directors.                 (2)  "City" means the City of Rosenberg, Texas.                 (3)     "Commission"   means the Texas Commission on   Environmental Quality.                 (4)  "Director" means a board member.                 (5)     "District"   means the Fort Bend County   Municipal   Utility District No. 286.           Sec.   8017A.0102.     NATURE OF DISTRICT.   The district is a   municipal utility district created under Section 59, Article XVI,   Texas Constitution.           Sec.   8017A.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.   8017A.0104.     CONSENT OF MUNICIPALITY AND DEVELOPMENT   AGREEMENT REQUIRED. (a) The temporary directors may not hold an   election under Section 8017A.0103 or to authorize the issuance of   bonds until:                 (1)     the governing body of the city by ordinance or   resolution consents to the creation of the district and to the   inclusion of land in the district; and                 (2)     the district, the city, and the owner or owners of   a majority of the assessed value of real property in the district   negotiate and execute a mutually approved and accepted development   and operating agreement, including any limitations imposed by the   city.           (b)     The city's consent under Subsection (a) must be granted   in the manner provided by Section 54.016, Water Code, for including   land within the corporate limits or extraterritorial jurisdiction   of a city.           Sec.   8017A.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.   8017A.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.   8017A.0201.     GOVERNING BODY; TERMS.   (a)   The district   is governed by a board of five elected directors.           (b)     Except as provided by Section 8017A.0202, directors   serve staggered four-year terms.           Sec.   8017A.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 8017A.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 8017A.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 8017A.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.   8017A.0301.     GENERAL POWERS AND DUTIES.   The district   has the powers and duties necessary to accomplish the purposes for   which the district is created.           Sec.   8017A.0302.     MUNICIPAL UTILITY DISTRICT POWERS AND   DUTIES.   The district has the powers and duties provided by the   general law of this state, including Section 52, Article III, Texas   Constitution, and Chapters 49 and 54, Water Code, applicable to   municipal utility districts created under Section 59, Article XVI,   Texas Constitution.           Sec.   8017A.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.   8017A.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.   8017A.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.   8017A.0306.     PUBLIC INFORMATION. (a) The district   shall maintain an Internet website.           (b)     The board shall make available on the district's   Internet website the information required under Section 26.18, Tax   Code.           Sec.   8017A.0307.     DIVISION OF DISTRICT. This chapter   applies to any new district created by the division of the district   under Section 49.316, Water Code, and a new district has all the   powers and duties of the district.   SUBCHAPTER D.   BONDS AND OTHER OBLIGATIONS           Sec.   8017A.0401.     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.   8017A.0402.     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.          SECTION 2.  The Fort Bend County Municipal Utility District   No. 286 initially includes all the territory contained in the   following area:   BEING a 73.4011 acres (3,197,353 square feet) tract of land   situated in the H.&T.C. RR Co. Survey, Abstract No. 208 of Fort Bend   County, Texas and being out of the Remainder of a called 47.72 acre   tract of land described in an instrument to James White recorded   under Clerks File Number (C.F.N.) 9715442 of the Official Public   Records of Fort Bend County, Texas (O.P.R. F.B.C.T.), a called   0.1178 acre tract of land described in an instrument to said James   A. White, recorded under C.F.N. 9700199 O.P.R. F.B.C.T., a called   0.2966 acre tract of land as described in an instrument to said   James A. White, recorded under C.F.N. 9700199 O.P.R. F.B.C.T. and   all of a called 26.54 acre tract of land described in an instrument   to James White recorded under C.F.N. 9715443 of the O.P.R.   F.B.C.T., said 73.4011-acre tract of land described by metes and   bounds as follows:   BEGINNING at a 1/2 inch iron pipe found lying in the northeast line   of a called 16.511 acre tract of land as described in an instrument   to Christian James Garcia, recorded under C.F.N. 2012033682 of the   O.P.R. F.B.C.T., being the south corner of a called 79.5635 acre   tract of land as described in an instrument to SSG BG Blaze,   recorded under C.F.N. 2024096062 of the O.P.R. F.B.C.T., also being   the west corner of said 47.72 acre tract and the herein described   tract;   THENCE North 41°49'49" East, along the northwest line of said 47.72   acre tract, passing at a distance of 1,313.93 feet a 5/8 inch iron   rod found, marking the east corner of said 79.5635 acre tract, also   being the south corner of a called 3.492 acre tract of land as   described in an instrument to Zachary Whitt and Cally Whitt,   recorded under C.F.N. 2024002637 of the O.P.R. F.B.C.T., passing at   a distance of 2,092.17 feet to a 5/8 inch iron rod with cap found,   marking the east corner of said 3.492 acre tract, passing at a   distance of 2223.79 [Text truncated for display. Full text available on LegiScan.]