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  S.B. No. 1241
 
 
 
 
AN ACT
  relating to the creation of the Fort Bend County Water Control and
  Improvement District No. 10; providing authority to impose a tax
  and issue bonds; granting a limited power of eminent domain.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle I, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 9034 to read as follows:
  CHAPTER 9034.  FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT
  DISTRICT NO. 10
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 9034.001.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Fort Bend County Water
  Control and Improvement District No. 10.
         Sec. 9034.002.  NATURE OF DISTRICT.  The district is a water
  control and improvement district created under Section 59, Article
  XVI, Texas Constitution.
         Sec. 9034.003.  CONFIRMATION AND DIRECTORS' 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. 9034.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 9034.003
  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. 9034.005.  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 water control and improvement 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. 9034.006.  INITIAL DISTRICT TERRITORY.  (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act creating this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act creating 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.
  [Sections 9034.007-9034.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 9034.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 9034.052, directors serve
  staggered four-year terms.
         Sec. 9034.052.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of:
               (1)  Jay Henry;
               (2)  Mark Schindler;
               (3)  David Vercellino;
               (4)  Chris Sitka; and
               (5)  Chrystal Seymour.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 9034.003; or
               (2)  the fourth anniversary of the effective date of
  the Act creating this chapter.
         (c)  If permanent directors have not been elected under
  Section 9034.003 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 9034.003; 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 Texas Commission on Environmental
  Quality 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.
  [Sections 9034.053-9034.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 9034.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 9034.102.  WATER CONTROL AND IMPROVEMENT DISTRICT
  POWERS AND DUTIES.  The district has the powers and duties provided
  by the general law of this state, including Chapters 49 and 51,
  Water Code, applicable to water control and improvement districts
  created under Section 59, Article XVI, Texas Constitution.
         Sec. 9034.103.  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. 9034.104.  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. 9034.105.  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 42.042, Local Government Code, and that consents to the
  creation of the district or to the inclusion of land in the
  district.
         Sec. 9034.106. LIMITATION ON USE OF EMINENT DOMAIN. The
  district may not exercise the power of eminent domain outside the
  district to acquire a site or easement for:
               (1)  a road project authorized by Section 9034.103; or
               (2)  a recreational facility as defined by Section
  49.462, Water Code.
         Sec. 9034.107.  FIRE DEPARTMENTS. (a)  The district may
  contract with the City of Richmond to perform firefighting services
  in the district on the same terms that the municipality provides
  firefighting services in the extraterritorial jurisdiction of the
  municipality. The district, with voter approval, may issue bonds
  payable from ad valorem taxes to pay for capital costs required
  under the contract, including:
               (1)  the construction and purchase of facilities, land,
  and equipment; and
               (2)  the provision of adequate water supply.
         (b)  Notwithstanding Sections 49.351(g), (h), and (i), Water
  Code, if the district contracts with the City of Richmond to provide
  firefighting services in the district, the district is not required
  to submit a fire plan to the Texas Commission on Environmental
  Quality for approval.
  [Sections 9034.108-9034.150 reserved for expansion]
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 9034.151.  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 9034.153.
         (b)  The district must hold an election in the manner
  provided by Chapters 49 and 51, 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. 9034.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 9034.151, 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. 9034.153.  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.
  [Sections 9034.154-9034.200 reserved for expansion]
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 9034.201.  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. 9034.202.  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 Section 51.433, Water Code.
         Sec. 9034.203.  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 Water Control and
  Improvement District No. 10 initially includes all the territory
  contained in the following area:
         TRACT 1
         BEING a 150.22 acre tract of land situated in the Knight &
  White League, Abstract Number 46, Fort Bend County, Texas and being
  all of the following tracts of land; a called 42.00 acre tract of
  land described in an instrument filed for record under Fort Bend
  County Clerk's File Number (F.B.C.C.F. No.) 2007072919, a called
  4.248 acre tract of land described in an instrument filed for record
  under F.B.C.C.F. No. 2007151784, a called 103.97 acre tract
  described and recorded under F.B.C.C.F. No. 2007151785, said 150.22
  acre tract of land being more particularly described by metes and
  bounds as follows:
         Bearing orientation is based on the Texas State Plane
  Coordinate System, South Central Zone, NAD83.
         BEGINNING at a 1-inch iron pipe (disturbed) found for the
  northeast corner of said 42.00 acre tract and being in the south
  right-of-way line of Farm-to-Market Road 359 (100-foot width), same
  also being the northwest corner of Landscape Reserve "B" of Grand
  River, a subdivision plat filed for record under Slide Number 1650A
  of the Fort Bend County Plat Records;
         THENCE S 02°38'36" E, along the east line of said 42.00 acre
  tract, the west line of said Landscape Reserve "B" and a west line
  of Block 5 of said Grand River, at a distance of 520.70 feet pass a
  5/8-inch iron rod found for the southwest corner of said Landscape
  Reserve "B" and the northwest corner of Lot 1, Block 5 of said Grand
  River, at a distance of 1,127.70 feet pass a 5/8-inch iron rod found
  for the southwest corner of said Lot 1, Block 5 and the northwest
  corner of Lot 2, Block 5 of said Grand River and continuing for a
  total distance of 1,520.14 feet to a 1-inch iron pipe with a cap and
  tack found for the southeast corner of said 42.00 acre tract, same
  being the northeast corner of Lot 10, Block 5 of said Grand River;
         THENCE S 87°50'53" W, along the south line of said 42.00 acre
  tract and a north line of said Block 5 of said Grand River, at a
  distance of 153.02 feet pass a 5/8-inch iron rod found for the
  northwest corner of said Lot 10, Block 5 and the northeast corner of
  Lot 11, Block 5 of said Grand River, at a distance of 722.00 feet
  pass a 5/8-inch iron rod found for the northwest corner of said Lot
  11, Block and the northeast corner of Lot 23, Block 5 of said Grand
  River and continuing for a total distance of 1,288.35 feet to a
  1-inch iron pipe with a cap and tack found for the southwest corner
  said called 42.00 acre tract, same being the southeast corner of Lot
  24, Block 5 and the northwest corner of Lot 23, Block 5 of said Grand
  River, same also being in the east right-of-way line of Winner's
  Circle (width varies) as shown on the plat of said Grand River;
         THENCE N 02°33'25" W, a distance of 1,011.30 feet along a west
  line of said 42.00 and the east line of Lot 24, Block 5 of said Grand
  River to a 1-inch iron pipe with a cap and tack found for a northwest
  corner of said 42.00 acre tract, the northeast corner of said Lot
  24, Block 5, same also being in the south line of said 4.248 acre
  tract of land;
         THENCE S 89°18'56" W, a distance of 397.63 feet along the
  south line of said 4.248 acre tract and a north line of said 42.00
  acre tract and the north line of said Lot 24, Block 5 to a 1 1/4-inch
  iron pipe found for the northwest corner of said Lot 24, Block 5;
         THENCE S 02°33'25" E, along the east line of said 103.97 acre
  tract and a west line of Block 5 of said Grand River, at a distance
  of 861.00 feet pass through a 5/8-inch iron rod found for the
  southwest corner of said Lot 24, Block 5 and the northwest corner of
  Lot 25, Block 5 of said Grand River, at a distance of 1,285.05 feet
  pass through a 5/8-inch iron rod found for the southwest corner of
  said Lot 25 and the northwest corner of Lot 26, Block 5 of said Grand
  River and continuing for a total distance of 1,596.28 feet to a
  1-inch iron pipe found for the southeast corner of said 103.97 acre
  tract, same being the southwest corner of said Lot 26, same also
  being in the north line of Lot 27, Block 5 of said Grand River;
         THENCE S 89°10'00" W, along the south line of said 103.97 acre
  tract and a north line of said Block 5, at a distance of 839.79 feet
  pass through a 5/8-inch iron rod found for the northwest corner of
  Lot 32, Block 5 and the northeast corner of Lot 33, Block 5 of said
  Grand River, at a distance of 1,099.79 feet pass through a 5/8-inch
  iron rod found for the northwest corner of said Lot 33 and the
  northeast corner of Lot 34, Block 5 of said Grand River, at a
  distance of 2,014.78 feet pass a 5/8-inch iron rod found for the
  northwest corner of said Lot 34, same being in the east right-of-way
  line of McCrary Road (width varies), same also being the northeast
  corner of a 35-foot wide roadway dedication as shown on the plat of
  said Grand River and continuing for a total distance of 2,049.79
  feet to a 5/8-inch iron rod with a cap stamped "Brown & Gay" found
  for the southwest corner of said called 103.97 acre tract, same
  being in the east line of McCrary Road (as occupied, width varies);
         THENCE N 02°08'00" W, a distance of 2,134.43 feet along the
  west line of said 103.97 acre tract and the east line of said
  McCrary Road (as occupied, width varies) to a 5/8-inch iron rod with
  a cap stamped "Brown & Gay" found for the northwest corner of said
  called 103.97 acre tract, same being the intersection of the east
  right-of-way line of said McCrary Road with the south right-of-way
  line of Farm-to-Market Road 359 (100-foot width) as described in
  the following instruments of record:  Volume 127, Page 521, Volume
  130, Page 20 and Volume 130, Page 178, all of the Fort Bend County
  Deed Records;
         THENCE N 89°13'09" E, a distance of 2,703.55 feet along the
  north line of said 103.97 acre tract and said 4.248 acre tract,
  being the south right-of-way line of said Farm-to-Market Road 359
  to a 3/4-inch iron pipe found for the northeast corner of said 4.248
  acre tract and the northwest corner of said 42.00 acre tract;
         THENCE N 89°05'34" E, a distance of 1,014.69 feet continuing
  along said south right-of-way line and the north line of said 42.00
  acre tract to the POINT OF BEGINNING and containing 150.22 acres of
  land.
         TRACT 2
         BEING a 1.628 acre tract of land situated in the Randall Jones
  Survey, Abstract Number 42, Fort Bend County, Texas and being all of
  a called 1.4364 acre tract of land described in an instrument filed
  for record under Fort Bend County Clerk's File Number (F.B.C.C.F.
  No.) 2008028142 and a called 0.1928 acre tract described and
  recorded under F.B.C.C.F. No. 2008028143, said 1.628 acre tract of
  land being more particularly described by metes and bounds as
  follows:
         Bearing orientation is based on the Texas State Plane
  Coordinate System, South Central Zone, NAD83.
         BEGINNING at the northeast corner of said 1.4364 acre tract
  and the northwest corner of a called 1.71 acre tract described and
  recorded under F.B.C.C.F. No. 2003174431 and being in the south
  right-of-way line of Farm-to-Market Road 359 (100-foot width),
         THENCE S 02°49'28" E, a distance of 148.50 feet along the east
  line of said 1.4364 acre tract and the west line of said 1.71 acre
  tract to the southeast corner of the herein described tract and
  being in the north line of Lot 4, Block 1 of Grand River, a
  subdivision of record as shown on the plat filed for record under
  Slide Number 1650A of the Fort Bend County Plat Records
         THENCE S 87°31'27" W, a distance of 458.09 feet along the
  south line of said 1.4364 acre tract and a north line of Block 1 of
  said Grand River to the southwest corner of the herein described
  tract;
         THENCE N 02°28'11" W, a distance of 161.51 feet along the west
  line of said 0.1928 acre tract and the east line of Reserve "A" of
  said Grand River to the northwest corner of the herein described
  tract and being in the south right-of-way line of said
  Farm-to-Market Road 359;
         THENCE N 89°09'17" E, a distance of 457.36 feet along said
  south right-of-way line to the POINT OF BEGINNING and containing
  1.628 acres of land.
         TRACT 3
         BEING a 2.813 acre tract of land situated in the Randall Jones
  Survey, Abstract Number 42, Fort Bend County, Texas and being all of
  a called 2.6207 acre tract of land described in an instrument filed
  for record under Fort Bend County Clerk's File Number (F.B.C.C.F.
  No.) 2008028142 and a called 0.1937 acre tract described and
  recorded under F.B.C.C.F. No. 2008028143, said 2.813 acre tract of
  land being more particularly described by metes and bounds as
  follows:
         Bearing orientation is based on the Texas State Plane
  Coordinate System, South Central Zone, NAD83.
         BEGINNING at the southeast corner of said 2.6207 acre tract
  and the southwest corner of a called 1.977 acre tract described and
  recorded under F.B.C.C.F. No. 8521110 and being in the north
  right-of-way line of Farm-to-Market Road 359 (100-foot width),
         THENCE S 89°09'17" W, a distance of 268.02 feet along the
  north right-of-way line of said Farm-to-Market Road 359 to the
  southwest corner of the herein described tract and the southeast
  corner of a called East 1/2 of 5.57 acre tract described and
  recorded under F.B.C.C.F. No. 2001013676;
         THENCE N 02°06'33" W, a distance of 430.59 feet along the west
  line of said 0.1937 acre tract and the east line of said 5.57 acre
  tract to the most westerly northwest corner of the herein described
  tract;
         THENCE S 54°07'18" E, a distance of 21.80 feet to an angle
  point being in the west line of said 2.6207 acre tract;
         THENCE N 02°49'28" W, a distance of 125.51 feet along the west
  line of said 2.6207 acre tract
         to the most northern northwest corner of the herein described
  tract and being in the centerline of Jones Creek;
         THENCE along the centerline meanders of said Jones Creek the
  following three (3) courses:
         S 56°52'58" E, 85.68 feet to an angle point;
         S 62°55'35" E, 103.32 feet to an angle point;
         S 59°06'36" E, 101.79 feet to the northeast corner of said
  2.6207 acre tract and the northwest corner of said 1.977 acre tract;
         THENCE S 03°05'43" E, a distance of 393.40 feet along the line
  common to said 2.6207 acre tract and said 1.977 acre tract to the
  POINT OF BEGINNING and containing 2.813 acres 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.  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, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1241 passed the Senate on
  April 23, 2009, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1241 passed the House on
  May 15, 2009, by the following vote:  Yeas 143, Nays 1, one present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor