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.

89(R) SB 3038 - Engrossed version - Bill Text

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 feet a 5/8 inch iron rod found and continuing

for a total distance of 2256.00 feet to a 5/8 inch iron rod with cap

stamped "Fulcrum Land Surveying" set in the southeast right-of-way

(R.O.W.) line of Twin Lane, R.O.W. varies, marking the common

corner of the said 0.2966 acre tract and a called 4.3953 acre tract

of land as described in an instrument to Darren S. Schmidt and

Cynthia K. Schmidt, recorded under C.F.N. 2017046712 of the O.P.R.

F.B.C.T., and most northerly corner of the herein described tract;

THENCE South 27°15'33" East, along and with the west line of said

4.3953 acres tract and called 8.6315 acre tract of land as described

in an instrument to Fred E. Bradley and wife, Kathryn A. Bradley,

recorded under C.F.N. 9821510 of the O.P.R. F.B.C.T., a distance of

1059.57 feet to a 5/8 inch iron rod found in the north line of a

called 71.010 acre tract of land as described in an instrument to

Rosenberger Farm & Ranch Holding, LP, recorded under C.F.N.

2013021671 of the O.P.R. F.B.C.T., marking the south corner of said

8.6315 acre tract, also being an external corner of the herein

described tract;

THENCE South 41°59'00" West, along and with said northwest line of

said 71.010 acre tract, a distance of 1178.56 feet to a 5/8 inch

iron rod with cap found, marking the west corner of said 71.010 acre

tract, also being the north corner of said 26.54 acre tract and an

internal corner of the herein described tract;

THENCE South 48°09'52" East, along and with the southwest line of

said 71.010 acre tract, passing at a distance of 1,620.22 feet a 5/8

inch iron rod found in the north R.O.W. line of Kunz Road, 60'

R.O.W. and continuing for a total distance of 1652.83 feet to a

point for corner in the centerline of said Kunz Road, marking the

east corner of said 26.54 acre tract and the herein descried tract;

THENCE South 41°58'39" West, along and with said centerline, a

distance of 699.57 feet to a point for corner, marking the east

corner of a called 4.0000 acre tract of land as described in an

instrument to Brain K. Rohrer and Amanda E. Rohrer, recorded under

C.F.N. 2017131847 of the O.P.R. F.B.C.T., also being the south

corner of said 26.54 acre tract and the herein descried tract;

THENCE North 48°09'37" West, along and with the northeast line of

said 4.0000 acre tract, a called 49.504 acre tract of land as

described in an instrument to Rosenberg Cottonwood Farms, LLC,

recorded under C.F.N. 2015045629 of the O.P.R. F.B.C.T., a called

16.515 acre tract of land as described in an instrument to Elizabeth

Vogelsang Roehe, recorded under C.F.N. 2002005405 of the O.P.R.

F.B.C.T., a called 16.513 acre tract of land as described in an

instrument to Paul George Vogelsang III, recorded under C.F.N.

2002005403 of the O.P.R. F.B.C.T., and a called 16.511 acre tract of

land as described in an instrument to David Waddell Vogelsang

Trust, recorded under C.F.N. 2012033682 of the O.P.R. F.B.C.T.,

passing a distance of 30.00 feet to a 1/2 inch iron pipe found

marking the apparent north R.O.W. line of said Kunz Road, passing a

distance of 1652.73 feet to a 1/2 inch iron pipe found, marking the

common corner of said 26.54 acre tract and said 47.72 acre tract,

also being an angle point of the herein described tract, passing a

distance of 1981.57 feet to a 5/8 inch iron rod with cap found,

marking the common corner of said 49.504 acre tract and 16.515 acre

tract, continuing for a total distance of 2637.67 feet to the POINT

OF BEGINNING and containing a computed 73.4011 acres (3,197,353

square feet) 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. (a) If this Act does not receive a two-thirds

vote of all the members elected to each house, Subchapter C, Chapter

8017A, Special District Local Laws Code, as added by Section 1 of

this Act, is amended by adding Section 8017A.0308 to read as

follows:

Sec.

8017A.0308.

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, 2025.