Law:Title 6. Water And Wastewater. Subtitle F. Municipal Utility Districts from Chapter 8150. Imperial Redevelopment District (Texas)

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Subtitle F. Municipal Utility Districts

Contents

Chapter 8150. Imperial Redevelopment District

Subchapter A. General Provisions

Section 8150.001.  Definitions.

In this chapter:

(1)  "Board" means the board of directors of the district.

(2)  "City" means the City of Sugar Land, Texas.

(3)  "Director" means a member of the board.

(4)  "District" means the Imperial Redevelopment District.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Section 8150.002.  Nature Of District.

The district is a municipal utility district in Fort Bend County created under and essential to accomplish the purposes of Section 52, Article III, Section 1-g, Article VIII, and Section 59, Article XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Section 8150.003.  Findings Of Benefit And Public Purpose.

(a) All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Section 52, Article III, Section 1-g, Article VIII, and Section 59, Article XVI, Texas Constitution.

(b)  The district is created for the same purposes as:

(1)  a municipal utility district as provided by Section 54.012, Water Code;

(2)  a road utility district created under Section 52, Article III, Texas Constitution, and operating under Chapter 441, Transportation Code, including the purpose of constructing, acquiring, improving, maintaining, and operating roads and road facilities; and

(3)  the purchase, construction, acquisition, ownership, improvement, maintenance, and operation of the public works and public improvements authorized for a tax increment reinvestment zone operating under Chapter 311, Tax Code, and a municipal management district operating under Chapter 375, Local Government Code.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Section 8150.004.  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 or collect an assessment or tax; or

(4)  legality or operation.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Section 8150.005.  Construction Of Chapter.

This chapter shall be liberally construed in conformity with the findings and purposes set forth in this chapter.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Section 8150.006.  Conflict Of Law.

If any provision of general law applicable to the district conflicts with Chapters 49 and 54, Water Code, Chapters 49 and 54, Water Code, prevail.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Subchapter B. Board Of Directors

Section 8150.051.  Directors; Terms.

(a) The district is governed by a board of five directors.

(b)  Except as provided by Section 8150.053, directors serve staggered four-year terms.

(c)  Section 49.052, Water Code, does not apply to the directors.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Section 8150.052.  Appointment Of Directors.

The governing body of the city shall appoint the appropriate number of directors to the board to serve staggered terms that expire September 1 of each even-numbered year.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Section 8150.053.  Vacancies.

(a) The board shall notify the governing body of the city in writing when a vacancy occurs on the board.

(b)  The governing body of the city shall appoint a person to fill the vacancy for the remainder of the unexpired term.

(c)  If the governing body of the city does not fill a vacancy on the board before the 91st day after receipt of written notice of a vacancy, the remaining directors shall appoint  a person to fill the vacancy, if a majority of the directors remain in office.  If less than a majority of the directors remain in office, the vacancy shall be filled as provided by Section 49.105(c), Water Code.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Subchapter C. General Powers And Duties

Section 8150.101.  General Powers And Duties.

The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Section 8150.102.  Municipal Utility District Powers And Duties.

The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Section 8150.103.  Tax Increment Reinvestment Zone.

(a) All or any part of the area of the district is eligible to be included in a tax increment reinvestment zone created under Chapter 311, Tax Code.

(b)  The district may enter into a contract with the board of directors of a reinvestment zone and the governing body of the city that provides for the district to manage or assist in managing the reinvestment zone or to implement or assist in implementing the reinvestment zone's project plan and reinvestment zone financing plan.  The contract may require the district to issue bonds or other obligations and pledge the contract revenues to the payment of the bonds or other obligations.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Section 8150.104.  No Eminent Domain Power.

The district may not exercise the power of eminent domain.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Subchapter D. Additional Road Powers

Section 8150.151.  Road Projects.

(a) As authorized by Section 52, Article III, Texas Constitution, the district may construct, acquire, improve, maintain, or operate, inside and outside the district, roads and road facilities as defined by Chapter 441, Transportation Code.

(b)  The roads and road facilities authorized by Subsection (a) may include drainage, landscaping, pedestrian improvements, lights, signs, or signals that are incidental to the roads and their construction, maintenance, or operation.

(c)  The roads and road facilities authorized by this section must meet all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of the city.

(d)  On completion of a road or road facility authorized by this section, the district, with the consent of the city, may convey the road or road facility to the city if the conveyance is free of all indebtedness of the district.  If the city becomes the owner of a road or road facility, the city is responsible for all future maintenance and upkeep and the district has no further responsibility for the road or road facility or its maintenance or upkeep, unless otherwise agreed to by the district and the city.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Section 8150.152.  Joint Road Projects.

(a) A district may contract with a state agency, political subdivision, or corporation created under Chapter 431, Transportation Code, for a joint road project.

(b)  The contract may:

(1)  provide for joint payment of project costs; and

(2)  require the state agency, political subdivision, or corporation to design, construct, or improve a project as provided by the contract.

(c)  A contract may be a contract under Section 49.108, Water Code.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Section 8150.153.  Reimbursement For Road Project.

(a) The district may:

(1)  reimburse a private person for money spent to construct a road or road facility that is dedicated or otherwise transferred to public use; or

(2)  purchase a road or road facility constructed by a private person.

(b)  The amount paid for the reimbursement or for the purchase of a road or road facility under Subsection (a) may:

(1)  include all construction costs, including engineering, legal, financing, and other expenses incident to the construction; or

(2)  be at a price not to exceed the replacement cost of the road or road facility as determined by the board.

(c)  The reimbursement or purchase of a road or road facility may be paid for with proceeds from the sale of the district's bonds or from any other money available to the district.

(d)  The district may enter into an agreement to use the proceeds of a subsequent bond sale to reimburse a private person under this section.  The agreement may provide the terms and conditions under which the road or road facility is to be dedicated or transferred for the benefit of the public.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Subchapter E. General Financial Provisions

Section 8150.201.  Elections Regarding Taxes Or Bonds.

(a) The district may issue, without an election, bonds and other obligations secured by revenue or contract payments from any source other than ad valorem taxation.

(b)  The district must hold an election in the manner provided by Chapters 49 and 54, 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 board may include more than one purpose in a single proposition at an election.

(d)  The district may issue bonds or other obligations to finance road projects under Section 52(b)(3), Article III, Texas Constitution, secured wholly or partly by ad valorem taxation, impose ad valorem taxes to pay the principal of and interest on the obligations, and provide a sinking fund for the redemption of the obligations only if the issuance is approved by a two-thirds majority of the voters of the district voting at an election held for that purpose.  The total amount of bonds issued under this subsection may not exceed one-fourth of the assessed market value of real property of the district as determined by the chief appraiser of the appraisal district that appraises property for the district.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Section 8150.202.  Ad Valorem Tax.

(a) If authorized at an election held under Section 8150.201, the district may impose an annual ad valorem tax on taxable property in the district for the provision of services or for the maintenance and operation of the district, including the improvements constructed or acquired by the district.

(b)  The board shall determine the tax rate.  The rate may not exceed the rate approved at the election.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Subchapter F. Bonds And Other Obligations

Section   8150.251.  Authority To Issue Bonds And Other Obligations.

(a) The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.

(b)  The district may issue a bond or other obligation in the form of a bond, note, certificate of participation, or other instrument evidencing a proportionate interest in payments to be made by the district, or other type of obligation.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Section 8150.252.  Taxes For Bonds And Other Obligations.

At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued:

(1)  the board shall impose a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or part of the bonds are outstanding; and

(2)  the district annually shall impose the continuing direct annual ad valorem tax on all taxable property in the district in an amount sufficient to:

(A)  pay the interest on the bonds or other obligations as the interest becomes due;

(B)  create a sinking fund for the payment of the principal of the bonds or other obligations when due or the redemption price at any earlier required redemption date; and

(C)  pay the expenses of imposing the taxes.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Section 8150.253.  Bonds For Contract Costs.

If the district enters into a contract under Section 8150.152, the district may issue bonds to pay all or part of the costs of the joint road project and any other payments required under the contract.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Section 8150.254.  Bonds Payable From Revenue From Certain Contracts.

The district may issue bonds payable wholly or partly from the revenue of a contract authorized by Section 8150.103(b) to pay for the implementation of the reinvestment zone's project plan or reinvestment zone financing plan.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Section 8150.255.  Authority Of Texas Commission On Environmental Quality Over Issuance Of District Bonds.

(a) Sections 49.181 and 49.182, Water Code, apply to all water, wastewater, drainage, and recreational facility projects of the district and bonds issued for those purposes.

(b)  Section 49.181, Water Code, applies to all road and road facility projects and bonds issued for those purposes, but the review of the Texas Commission on Environmental Quality of the projects is limited to the financial feasibility of the projects and bonds, and does not include the review or approval of the design and construction of the projects or the engineering feasibility of the projects.  The commission shall adjust the requirements of written applications for investigation of feasibility in accordance with this subsection.

(c)  Section 49.182, Water Code, does not apply to road and road facility projects or bonds issued for those purposes.

(d)  To the extent that the district issues bonds secured solely by revenues provided under a contract described in Section 8150.103(b), Sections 49.181, 49.182, and 49.4645, Water Code, do not apply to the issuance of the bonds and do not restrict the types of facilities or improvements that may be financed with the bonds.

(e)  Projects and bonds of the district are not subject to the review and approval of the Texas Transportation Commission or the rules adopted by the Texas Transportation Commission.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.



Section 8150.256.  Applicability Of Other Bond Law.

Chapter 1471, Government Code, does not apply to the district.

Added by Acts 2005, 79th Leg., Ch. 1175, Sec. 1, eff. June 18, 2005.


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