CHAPTER 8150. IMPERIAL REDEVELOPMENT DISTRICT
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.