The Legislative Budget Board in cooperation with the Water Development Board (TWDB) and Texas Commission on Environmental Quality (TCEQ), has determined the following:

Subject to a confirmation election, the Act would create Fort Bend County Municipal Utility District No. 177 (District) in Fort Bend County with the powers and duties of Water Code Chapters 49, 50, and 54 related to general law Municipal Utility Districts.

1) Population- The detailed description of the proposed district’s boundaries does not allow staff to make an estimate of the population that would currently be residing in the district.  The population projections approved for use in the 2006 Region H Water Plan shows an increase in Fort Bend County-Other from 38,169 in 2000 to 64, 065 in 2010.

2) Location & Size- The District is located in Fort Bend County and contains approximately 275.54 acres.

3) Powers- The District will have the general powers and duties granted to municipal utility districts under Texas Water Code Chapters 49, 50, and 54.

4) District Finances- Same as general law districts under Texas Water Code Chapter 54, including the issuance of bonds, levying a tax, and setting fees.  Utility  property would be exempt from impact fees and aeeseements.

5) Board of Directors- Same as general law districts. On or after the effective date, a person who owns land in the District may petition to appoint the temporary directors. After which, permanent directors are elected to the positions.

6) Eminent Domain- Same as general law districts, the District will have the rights and powers of eminent domain under Texas Water Code Chapter 49. Property may be acquired for any authorized purpose, which may include water, wastewater, and storm drainage. The District may condemn by either fee simple title or an easement only.

7) Ability to Tax- As with general law districts, upon voter approval, the District may levy ad valorem debt service and operation and maintenance taxes.

8) Overlapping Services- An adequate boundary description and location map was not provided for the proposed district. Therefore, an overlap check could not be performed.

9) Ability to Exclude Property- Same as general law MUDs, the District has the power to exclude property.

10) Adequacy of Boundary Description- Tract I and II form acceptable closures. Tract III does not form a closure

11) Comments on Powers /Duties Different from Similar Types of Districts- The district may fund the construction maintenance, and operation of macadamized, graveled, or paved roads and turnpikes through bonds.

12) TCEQ’s Supervision- As with general law districts, the TCEQ will have general supervision authority, including bond review authority and review of financial reports.

13) State Water Plan Objectives-Water Use:  Within Fort Bend County, 77 percent of the total water use was groundwater in the year 2000. Sixty-nine percent of the groundwater use was for municipal purposes. The proposed district is located over the Gulf Coast Aquifer and would be located in the Fort Bend County Subsidence District. In the 2001 Region H Water Plan, the vast majority of the Fort Bend County-Other’s water source was the Gulf Coast Aquifer. The County-Other’s water need is to be meet through surface water contracts.