CHAPTER 8150. IMPERIAL REDEVELOPMENT DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8150. IMPERIAL REDEVELOPMENT DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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.

Sec. 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.

For expiration of this section, see Subsection (c).

Sec. 8150.054. INITIAL DIRECTORS. (a) The governing body of

the city shall appoint initial directors not later than the 60th

day after the date the city consents to the creation of the

district, as provided by Section 54.016, Water Code.

(b) The initial directors shall draw lots to determine which two

directors serve until September 1 of the first even-numbered year

following the year the initial directors are appointed and which

three directors serve until September 1 of the second

even-numbered year following the year the initial directors are

appointed.

(c) This section expires September 1, 2010.

Added by Acts 2005, 79th Leg., Ch.

1175, Sec. 1, eff. June 18, 2005.

SUBCHAPTER C. GENERAL POWERS AND DUTIES

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.