2005 Texas Special Districts Code CHAPTER 8150. IMPERIAL REDEVELOPMENT DISTRICT

SPECIAL DISTRICT LOCAL LAWS CODE

CHAPTER 8150. IMPERIAL REDEVELOPMENT DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 1, eff. June 18, 2005.          

SUBCHAPTER B. BOARD OF DIRECTORS


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 1, eff. June 18, 2005.          


	§ 8150.054. INITIAL DIRECTORS.                                              

Text of section effective until September 1, 2010
	(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, § 1, eff. June 18, 2005.          

SUBCHAPTER C. GENERAL POWERS AND DUTIES


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 1, eff. June 18, 2005.          


	§ 8150.104. NO EMINENT DOMAIN POWER.  The district may 
not exercise the power of eminent domain.

Added by Acts 2005, 79th Leg., ch. 1175, § 1, eff. June 18, 2005.          

SUBCHAPTER D. ADDITIONAL ROAD POWERS


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 1, eff. June 18, 2005.          

SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 1, eff. June 18, 2005.          

SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 1, eff. June 18, 2005.