HB5661 - 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.

      H.B. No. 5661         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   agreement.           (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)   The temporary   board consists of:                 (1)  Mark Arce;                 (2)  Houyshar Moarefi;                 (3)  Neil Aussenberg;                 (4)  Russell Chun; and                 (5)  Kelsey Olsen.           (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 97.5629 acres (4,249,840 square feet) of land situated in   the H&TC RR CO Survey, A-208 of Fort Bend County, Texas and being   all of Two (2) 48.650 acre tracts of land as described in on   instrument to   Alexander E. Brodsky by Warranty Deed with Vendors Lien, recorded   in Volume 598, Page 885 of the Deed Records of Fort Bend County,   Texas (D.R.F.B.C.T.),said 97.5629 acre tract of land described by   metes and bounds as follows:   COMMENCING of 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 David Waddell Vogelsang Trust by General Warranty Deed recorded   under Clerk's File Number (C.F.N.) 2012033682 of the Official   Public Records of Fort Bend County, Texas (O.P.R. F.B.C.T), being   the most westerly corner of a called 47.72 acre tract of land as   described in an instrument to James White, recorded under C.F.N.   9715442 of the 0.P.R.F.B.C.T. and the most southerly corner of   called 80 acre tract of land as described in an instrument to Rhonda   Rand Hill, as Trustee of The Rhonda Rand Hill Revocable Living Trust   by Special Warranty Deed recorded under C.F.N. 2016036341 O.P.R.   F.B.C.T.;   THENCE North 47° 46' 10" West, along and with the northeast line of   said 16.511 acre tract, a called 50.11 acre tract of land as   described in an instrument to Richard Lee Carney, recorded under   C.F.N. 2017019399 of the O.P.R. F.B.C.T., a distance of 977.00 feet   to a 5/8 inch iron rod with cap stamped "FULCRUM LAND SURVEYING",   for the most northerly corner of said 50.11 acre tract of land, most   easterly corner of said 48.650 acre tract and POINT OF BEGINNING of   the herein described tract;   THENCE South 42° 11' 52" West, along and with the north line of said   50.11 acre tract of land, a distance of 2635.73 feet to a PK-Nail &#xA [Text truncated for display. Full text available on Congress.gov.]