79R12343 SGA-F
By: Hegar H.B. No. 3578
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fort Bend County Municipal Utility
District No. 178; providing authority to impose a tax and issue
bonds; granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8154 to read as follows:
CHAPTER 8154. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 178
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8154.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Fort Bend County Municipal
Utility District No. 178.
Sec. 8154.002. 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,
and Section 59, Article XVI, Texas Constitution.
Sec. 8154.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8154.023 before September 1, 2007:
(1) the district is dissolved September 1, 2007,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Fort Bend County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2010.
Sec. 8154.004. 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:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes;
(3) the validity of the district's bonds, notes, or
indebtedness; or
(4) the legality or operation of the district or the
board.
Sec. 8154.005. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapters 49 and 54, Water Code,
apply to the district.
[Sections 8154.006-8154.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8154.021. TEMPORARY DIRECTORS. (a) On or after
September 1, 2005, a person who owns land in the district may
petition the Texas Commission on Environmental Quality to appoint
as temporary directors the five persons listed in the petition.
(b) The commission shall appoint as temporary directors the
persons listed in a petition received by the commission under
Subsection (a). If the commission receives more than one petition,
the commission shall appoint the directors listed in the first
petition the commission receives.
(c) If a temporary director fails to qualify for office, the
commission shall appoint a person to fill the vacancy.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
8154.023; or
(2) the date this chapter expires under Section
8154.003.
Sec. 8154.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, the
temporary directors shall meet at a location in the district
agreeable to a majority of the directors. If a location cannot be
agreed upon, the meeting shall be at the Fort Bend County
Courthouse. At the meeting, the temporary directors shall elect
officers from among the temporary directors.
Sec. 8154.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. The temporary directors shall hold an election to
confirm the creation of the district and to elect five directors as
provided by Section 49.102, Water Code.
Sec. 8154.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8154.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8154.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8154.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8154.026-8154.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8154.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8154.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8154.053-8154.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8154.101. GENERAL POWERS. The district has all of the
rights, powers, privileges, authority, functions, 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.
Sec. 8154.102. ROAD PROJECTS. The district may construct,
acquire, improve, maintain, or operate macadamized, graveled, or
paved roads or turnpikes, or improvements in aid of those roads or
turnpikes, inside or outside the district.
Sec. 8154.103. DIVISION OF DISTRICT. (a) Except as
provided by Subsection (c), the district may be divided into two new
districts only if the district:
(1) has no outstanding bonded debt;
(2) is not imposing ad valorem taxes; and
(3) has not annexed land.
(b) The division procedure is prescribed by Sections 53.030
through 53.041, Water Code. Any new district created by the
division of the district has all the powers and duties of the
district.
(c) A new district created by the division described by
Subsection (a) is subject to the restrictions prescribed by
Subsections (a)(1) and (2). If the new district annexes land, that
new district may not again divide if the result is that the annexed
land wholly constitutes one of the districts created by the
division of the new district.
Sec. 8154.104. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
54.016, Water Code, the district shall comply with all applicable
requirements of any ordinance or resolution adopted by the city
council of the City of Fulshear, including an ordinance or
resolution adopted before September 1, 2005, that consents to the
creation of the district or to the inclusion of lands within the
district.
[Sections 8154.105-8154.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8154.151. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of or interest on bonds issued under
Section 8154.201.
[Sections 8154.152-8154.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8154.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) The district may issue bonds or other obligations
as provided by Chapters 49 and 54, Water Code, to finance the
construction, maintenance, or operation of projects under Section
8154.101 or 8154.102.
(b) The district may not issue bonds to finance projects
authorized by Section 8154.102 unless the issuance is approved by a
vote of a two-thirds majority of the voters of the district voting
at an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8154.102 may not exceed one-fourth
of the assessed value of the real property in the district.
(d) Sections 49.181 and 49.182, Water Code, do not apply to
a project undertaken by the district under Section 8154.102 or to
bonds issued by the district to finance the project.
SECTION 2. The Fort Bend County Municipal Utility District
No. 178 initially includes all the territory contained in the
following area:
TRACT I:
Two Hundred (200) acre tract off the North end of Section 105, Block
1 of the H. & T. C. Railway Company Survey in Waller and Fort Bend
Counties, Texas (Waller County Abstract Being No. 416 and Fort Bend
County Abstract being No. 261) described as follows:
BEGINNING at an iron stake, the Northwest corner of Section 105;
THENCE South 1188 1/2 varas to stake on West line of said Section
from which a large iron post bears South 59 degrees East 67 3/4
varas;
THENCE 950 varas to a stake on the East line of said Section 105;
THENCE North with the east line of said section 1188 1/2 varas to
the Northeast corner;
THENCE West 950 varas to the place of beginning containing 200 acres
of land, more or less, and being the Fifth Tract described in the
Deed to William Dorsey Parker by Emma D. Parker, individually and as
Executrix of J. B. Parker, deceased, and recorded in Volume 163,
Page 106, Deed Records of Fort Bend County, Texas (but not including
any other land described in said deed);
And being the same land as conveyed from W. D. Parker to Chester F.
Jordan by deed recorded in Volume 252, Page 465, Deed Records of
Fort Bend County, Texas.
TRACT II:
Being a tract of One Hundred and Ten acres (110), more or less, out
of Section 105, Block 1 of the H. & T. C. Railway Company Survey in
Waller and Fort Bend Counties, Texas (Waller County Abstract Being
No. 416 and Fort Bend County Abstract being No. 261) described as
follows:
Being 110 acres of land, more or less, bounded thus:
BEGINNING at a 2" iron pipe in the West line of said survey 5112 ft.
south of the Northwest corner thereof;
THENCE East 2640.3 ft. to a stake for corner in the East line of said
survey;
THENCE North 1813.8 ft. with the East line of said survey to a stake
for corner in same;
THENCE West 2640.3 ft. to a stake for corner in the West line
survey;
THENCE South 1813.8 ft. with the west line of said survey to the
place of beginning, containing 110 acres of land, more or less, and
being the same land conveyed to W. D. Parker by Lessy C. McDade, et
al, by deed dated September 9, 1941, filed January 23, 1942, of
record in Volume 202, Page 84, Deed Records of Fort Bend County,
Texas;
And being the same land as conveyed from W. D. Parker to Chester F.
Jordan by deed recorded in Volume 252, Page 465, Deed Records of
Fort Bend County, Texas.
TRACT III:
All that certain tract of land out of Section No. 105, H. & T. C.
Railway Company Survey in Fort Bend County, Texas and described by
metes and bounds as follows:
BEGINNING at an iron stake, Harvey & McDade's Southwest corner of
the West line of Section No. 105;
THENCE South 817 varas to an iron stake for corner;
THENCE East 950 varas to an iron stake for corner in fence;
THENCE North 817 varas to an iron stake in fence, Harvey & McDade's
Southeast corner;
THENCE West 950 varas to the place of beginning and containing 137
1/2 acres of land more or less,
And being the same identical property conveyed from W. S. Cochran,
Jr, to Chester Jordan in a deed recorded in Volume 208, Page 635,
Deed Records of Fort Bend County, Texas.
TRACT IV:
All of that certain tract of land known and described as 160 acres
off of the north end of H. & T. C. Railroad Section No. 106 in Fort
Bend County, Texas, and described by metes and bounds as follows:
BEGINNING at a 3/4" iron pipe at the northeast corner of H. & T. C.
Railroad Section No 106, the same being the northwest corner of the
J. D. Vermilion One-third League, said iron pipe being 8 feet South
and 20 feet South 89 degrees 40 minutes west from a northeast fence
corner of fences enclosing the property;
THENCE south, along the east line of said Section 106 and the west
line of the J. D. Vermillion One-third League, at 600 feet pass the
northwest corner of a 10 acre tract, at 2002.8 feet the southwest
corner of said 10 acre tract, in all 2640 feet to an iron pipe, the
southeast corner of this 160 acres, and 25.2 feet South 89 degrees
40 minutes west from another iron pipe set under fence;
THENCE south 89 degrees 40 minutes west 2640 feet to an iron pipe in
a rice field;
THENCE north at 2633 feet cross east and west fence, in all 2640
feet to an iron pipe on levee,
THENCE north 89 degrees 40 minutes east, at 86.6 feet a fence corner
and angle point 7 feet right, at 418.2 feet an angle point in fence
14 feet left, in all 2640 feet to the place of beginning, containing
160 acres of land;
And being the same land conveyed by F. M. Robinson to Ethan A.
Wilmot by deed dated September 17, 1904, and recorded in Volume 29,
Page 197, et seq., of the Deed Records of Fort Bend County, Texas.
TRACT V:
200 acres of land out of and a part of the Joseph D. Vermilion Survey
in said Fort Bend County, Texas described by metes and bounds as
follows:
BEGINNING at a stake set in the W. line of the said Joseph D.
Vermillion Survey and 1960 vrs N. from its S. W. Corner
THENCE N. along said W. boundary line 1124 vrs or 3122.2 ft. to a
stake in N. W. corner of the 200 acres tract herein conveyed;
THENCE E. 1006 Vrs or 2794.44 ft. to a point for the N.E. corner of
the tract herein conveyed;
THENCE S. parallel with the said W. line of the Joseph D. Vermillion
Survey 1124 vrs or 3122.2 ft. to a point for the S. E. corner of the
200 acre tract herein conveyed;
THENCE W. 2794.44 t. to the place of beginning and containing 200
acres of land; being the same 200 acres of land conveyed to George
F. Fluke by J. A. Friedman and Eugene Mills by Warranty Deed dated
April 23, 1904 and recorded in Deed Book 28, Pages 164 and 165 of the
Deed Records of Fort Bend County, Texas.
TRACT VI:
75.856 acres of land out of the Joseph D. Vermillion Survey,
Abstract 339, Fort Bend County, Texas, described by metes and
bounds as follows:
BEGINNING at a one inch iron pipe set for the Northwest corner of
the Joseph D. Vermillion Survey, and also being the Northwest
corner of the herein described 75 856 acre tract;
THENCE East, 1,910.87 feet along the North line of the Joseph D.
Vermillion Survey, Abstract 339, to a one inch pipe set for the
Northeast corner of this 75.856 acre tract;
THENCE South, 2,002.77 feet to a one inch iron pipe set in a fence
line for the Southeast corner of this 75.856 acre tract;
THENCE West, 1,600.34 feet along a fence line to a one inch iron
pipe set for the most Southerly West corner of this 75.856 acre
tract, and also being the Southeast corner of the Chester Jordan ten
acre tract;
THENCE North 1,402.77 feet with the East line of said ten acre
tract, pass a one inch iron pipe set for the Northeast corner of
said ten acre tract and also being the Southeast corner of a 2 acre
tract, continuing along same course a total distance of 1,683.32
feet to a one inch iron pipe set for an interior corner of this
75.856 acre tract, and also being the Northeast corner of said 2
acre tract;
THENCE West, 310.53 feet with the North line of said 2 acre tract to
a one inch iron pipe set in the West line of the Joseph D. Vermillion
Survey, Abstract 339, being the Northwest corner of said 2 acre
tract;
THENCE North, 319.45 feet along the West line of the Joseph D
Vermillion Survey, Abstract 339, to the place of beginning and
containing 75.856 acres of land, more or less,
And being the same and identical land conveyed from McMillian
Farms, Inc. to Chester Jordan by General Warranty Deed recorded in
Volume 416, Page 572, Deed Records of Fort Bend County, Texas.
TRACT VII:
The following described property, to-wit:
Being a ten (10) acre tract of land out of the J. D. Vermillion
one-third (1/3) League Survey, Patent No. 197, Volume 21, situated
in Fort Bend County, Texas and being described by metes and bounds
as follows.
BEGINNING at a stake set in the West line of at the R. D. MacDonald
179.6 acre tract recorded in Volume 85, Pages 342-344, Deed Records
of Fort Bend County, Texas, off of the West side of Lot number four
(4) of the J. D. Vermillion 1/3 League Survey, Patent Number 197,
Volume 21, situated in Fort Bend County, Texas, 600 feet South of
its N. W. corner,
THENCE South following the West line of the R. D. MacDonald 179.6
acre tract in said survey 1402.8 feet to a stake for corner and same
being the S. W corner of said R D. MacDonald 179.6 acre tract;
THENCE East following the South line of the said R. D. MacDonald 179
6 acre tract in said survey 311.14 feet to a stake for corner;
THENCE North parallel with the West line of the said R D. MacDonald
179.6 acre tract in said survey 1402.8 feet to a stake for corner;
THENCE West parallel with the South line of the said R D. MacDonald
1796 acre tract in said survey 311.14 feet to the place of beginning
and containing ten (10) acres of land
And being the same identical property conveyed from Sam Schwartz to
Chester F. Jordan in a deed recorded in Volume 281, Page 207, Deed
Records of Fort Bend County, Texas.
TRACT VIII:
The following described real property situated in Fort Bend, Texas,
to-wit:
COMMENCING at the Northwest corner of the J. D. Vermillion Survey,
Same being the Northwest corner of the Chester F. Jordan 75.856 Acre
Tract, (Volume 416, Page 572, Deed Records) Fort Bend County,
Texas;
THENCE, South along the West line of the Chester F. Jordan 75.856
Acre Tract, 319.45 feet to the Northwest corner and Place of
Beginning of the herein described 2 Acre Tract;
THENCE, continuing South, for a distance of 280.55 feet to a point
for the Southwest corner of this 2.0 acre tract same being the
Northwest corner of a certain 10.0 Acre Tract, owned by Chester F
Jordan,
THENCE, East along the common line of this 2.0 Acre Tract and the
above mentioned Chester F. Jordan 10.0 Acre Tract, 310.53 feet to a
point for the Southeast corner, of the aforementioned 10.0 Acre
Tract and on the West line of the aforementioned 75.856 Acre Tract;
THENCE, North along the common line of this 2.0 Acre Tract and the
aforementioned 75.856 Acre Tract, 280.55 feet to a point for the
Northeast corner of this 2 0 Acre Tract, same being an interior
corner of the aforementioned 75.856 Acre Tract;
THENCE. West along a line common to this 2.0 Acre Tract and the 75
856 Acre Tract, 310.53 feet to the Place of Beginning and containing
2 0 Acres of Land,
And being the same & identical property conveyed by Don F. McMillian
to Chester F. Jordan in deed recorded in Volume 523, Page 545, Deed
Records of Fort Bend County, Texas.
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 September 1, 2005.