79R16153 SGA-F
By: Hegar H.B. No. 3579
Substitute the following for H.B. No. 3579:
By: Puente C.S.H.B. No. 3579
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fort Bend County Municipal Utility
District No. 182; 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 8156 to read as follows:
CHAPTER 8156. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT
NO. 182
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8156.001. 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. 182.
Sec. 8156.002. 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. 8156.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8156.023 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. 8156.004. 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.
[Sections 8156.005-8156.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8156.021. 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
8156.023; or
(2) the date this chapter expires under Section
8156.003.
Sec. 8156.022. 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. 8156.023. 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. 8156.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8156.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8156.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8156.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8156.026-8156.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8156.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8156.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8156.053-8156.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8156.101. 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. 8156.102. ROAD PROJECTS. (a) 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 the district.
(b) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulatory
ordinances of the municipality or county in whose jurisdiction the
district is located.
(c) The district may not undertake a road project unless
each municipality or county in whose jurisdiction the district is
located consents by ordinance or resolution.
Sec. 8156.103. LIMITATION ON USE OF EMINENT DOMAIN. The
district may exercise the power of eminent domain outside the
district only to acquire an easement necessary for a pipeline that
serves the district.
Sec. 8156.104. 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. 8156.105. 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 8156.106-8156.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8156.151. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of or interest on bonds issued under
Section 8156.201.
Sec. 8156.152. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services.
[Sections 8156.153-8156.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8156.201. 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
8156.101 or 8156.102.
(b) The district may not issue bonds to finance projects
authorized by Section 8156.102 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 8156.102 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 8156.102 or to
bonds issued by the district to finance the project.
SECTION 2. The Fort Bend County Municipal Utility District
No. 182 initially includes all the territory contained in the
following area:
TRACT I
All that certain tract or parcel of land, lying and being situated
in FORT BEND COUNTY, TEXAS, part of the ALEXANDER PHILLIPS SURVEY,
A-300, being a portion of the same land described as the south
one-half (S.1/2) of 1/3 of a League, originally granted to
Alexander Phillips and called 738 acres in a deed from Florence B.
Cardiff to Charles I. Cardill, et. al, dated January 3, 1950,
recorded in Volume 270, Page 431, Deed Records of Fort Bend County,
Texas (270/431 D.R.F.B.C., Tx.), and/or being part of a Charles I.
Cardiff, et al. tract described as 194.1101 acres (1356/871 &
1356/874, O.R.F.B.C., Tx.), and being more fully described by metes
and bounds as follows, to-wit:
BEGINNING at 3/4" iron rod found for the most easterly or northeast
corner hereof and of said 194.1101 acre tract, being the most
northerly northwest corner of a 553.382 acre tract surveyed for
West Houston LTD. (2571/1460, O.R.F.B.C., Tx.), and on the south
line of an Imperatum Corporation tract called 309.1712 acres
(2479/1977, O.R.F.B.C., Tx.), a 3/4" iron rod found on the east line
of said Alexander Phillips Survey bears N 89° 21' 14" E, 1034.98
feet;
THENCE, along the southeast line hereof and of said 194.1101 acre
tract, commence with the northwest line of said West Houston LTD.
Tract, being on the northwest side of a Transcontinental Gas Pipe
Line Corporation easement (273/342 & 407/169 D.R.F.B.C., Tx.)
situated upon and crossing said West Houston LTD. tract, S 41° 20'
16" W, 2345.77 feet, to a 5/8" iron rod set on said line for the
south corner hereof;
THENCE, severing said 194.1101 acre tract, N 00° 29' 46" W, 1839.81
feet, to a 5/8" iron rod set on the south margin of Corbitt Road
(Flewellen-Katy Road) for the northwest corner hereof, being 49.9
feet southerly from a north line of said 194.1101 acre tract;
THENCE, along the south margin of said road, N 89° 30' 14" E, 200.00
feet, to a 5/8" iron rod set as said road margin for a northerly
exterior corner hereof, being on an easterly line of said original
194.1101 acre tract, common with a west line of said Imperatum
Corporation tract, a 3/4" iron rod found in Corbitt Road
(Flewellen-Katy Road) at a turn of same for a northeasterly
exterior corner of said 194.1101 acre tract bears N 00° 27' 18" W,
49.98 feet;
THENCE, along the common line of said 194.1101 acre tract and of
said Imperatum Corporation tract, S 00° 27' 18" E, 95.59 feet, to a
1/2 iron pipe found for the southwest corner of said Imperatum
Corporation tract and for an interior corner hereof and of said
194.1101 acre tract;
THENCE, along a south line of said Imperatum Corporation Tract, N
89° 21' 14" E, 1364.64 feet, to the PLACE OF BEGINNING, containing
31.755 ACRES of land.
TRACT II
FIELD NOTES for a 685.9742 ACRE TRACT OF LAND IN THE J. D.
VERMILLION SURVEY, ABSTRACT 339, FORT BEND COUNTY, TEXAS, 201.1257
ACRES BEING THAT CERTAIN CALLED 201.5 ACRE TRACT DESCRIBED IN DEED,
RECORDED IN VOLUME 339, PAGE 434, DEED RECORDS, 201.1251 ACRES
BEING THAT CERTAIN CALLED 200 ACRE TRACT DESCRIBED IN DEED,
RECORDED IN VOLUME 242, Page 533, DEED RECORDS, AND 283.7234 ACRES
BEING THAT CERTAIN CALLED 357.66 ACRE TRACT DESCRIBED IN DEED,
RECORDED IN VOLUME 129, PAGE 207, DEED RECORDS, FORT BEND COUNTY,
TEXAS.
BEGINNING at a 1 1/4 inch Iron Pipe found at the Southwest corner of
the J. D. Vermillion Survey, Abstract 339, for the Southwest corner
and Place of Beginning of the herein described 685.9742 Acre Tract,
said point being the upper Northwest corner of the Micajah Autrey
Survey, Abstract 100, and being located in the East line of the J.
G. Bennett Survey, Abstract 611, said point also being the
Southwest corner of a certain 201.1257 Acre Tract being that
certain called 201.5 Acre Tract described in deed, recorded in
Volume 339, Page 434, Fort Bend County Deed Records;
THENCE North 00 degrees 04 minutes 20 seconds East along the West
line of the J. D. Vermillion Survey, Abstract 339, same being the
East line of the J. G. Bennett Survey, Abstract 611, at 2886.00 feet
pass an Iron Pipe set at the Northwest corner of the said 201.1257
Acre Tract, same being the Southwest corner of a certain 283.7234
Acre Tract being that certain called 357.66 Acre Tract described in
deed, recorded in Volume 129, Page 207, Fort Bend County Deed
Records, and continuing for a total distance of 4919.99 feet a 1
inch Iron Pipe found for the Northwest corner of the herein
described 685.9742 Acre Tract, same being the Northwest corner of
said 283.7234 Acre Tract, same being the Southwest corner of a
certain 199.9539 Acre Tract being that certain called 200 Acre
Tract, described in deed, recorded in Volume 251, Page 551, Fort
Bend County Deed Records;
THENCE North 89 degrees 51 minutes 39 seconds East along the North
line of said 283.7734 Acre Tract, at 2793.03 feet pass an Iron Pipe
set at the Southeast corner of the said 199.9539 Acre Tract, at
5025.10 feet pass an Iron Pipe set at the Southwest corner of a
certain 75.9665 Acre Tract being that certain called 75.75 Acre
Tract described in deed, recorded in Volume 251, Page 551, Fort Bend
County Deed Records, and continuing for a total distance of 6077.75
feet to an Iron Pipe set for the Northeast corner of the herein
described 685.9742 Acre Tract, same being the Southeast corner of
said 75.9665 Acre Tract, said point being on the common line of the
William Ames Survey, Abstract 104, and the J.D. Vermillion Survey,
Abstract 339;
THENCE South 00 degrees 10 minutes 33 seconds West along the common
line of the J.D. Vermillion Survey and the William Ames Survey, at
580.04 feet pass the Southwest corner of the William Ames Survey,
same being the upper Northwest corner of the A. G. Sharpless Survey,
Abstract 322, at 2034.24 feet pass an Iron Pipe set at the Southeast
corner of the aforementioned 283.7234 Acre Tract, same being the
Northeast corner of that certain 201.1251 Acre Tract being that
certain called 200 Acre Tract, described in deed, recorded in
Volume 242, Page 533, Fort Bend County Deed Records, and continuing
for a total distance of 4920.24 feet to an Iron Pipe set for the
Southeast corner of the herein described 685.9742 Acre Tract, same
being the Southeast corner of the J. D. Vermillion Survey, same
being a reentry corner of the A. G. Sharpless Survey, same also
being the Southeast corner of the aforementioned 201.1251 Acre
Tract;
THENCE South 89 degrees 51 minutes 46 seconds West along the common
line of the J.D. Vermillion Survey and the A. G. Sharpless Survey,
at 1346.64 feet pass the lower Northwest corner of the A. G.
Sharpless Survey, same being the Northeast corner of the Micajah
Autrey Survey, Abstract 100, at 3034.43 feet pass an Iron Pipe set
at the Southwest corner of the aforementioned 201.1251 Acre Tract,
same being the Southeast corner of the aforementioned 201.1257 Acre
Tract, and continuing along the common line of the J. D. Vermillion
Survey and the Micajah Autrey Survey for a total distance of 6068.85
feet to the Place of BEGINNING and containing 685.9742 acres of
land, more or less.
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.