80R5853 JLL-F

By: Olivo H.B. No. 2531

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Fort Bend County Municipal Utility District No. 183; 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 8165 to read as follows: CHAPTER 8165. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 183 SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8165.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Director" means a board member.

(3) "District" means the Fort Bend County Municipal Utility District No. 183.

Sec. 8165.002. NATURE OF DISTRICT. The district is a municipal utility district in Fort Bend County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Sec. 8165.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8165.055 before September 1, 2011:

(1) the district is dissolved September 1, 2011, 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, 2014.

Sec. 8165.004. 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 8165.005-8165.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8165.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five directors.

(b) Except as provided by Section 8165.052, directors serve staggered four-year terms.

Sec. 8165.052. INITIAL DIRECTORS. (a) The initial board consists of:

(1) John Randolph;

(2) Stacy Eickhoff;

(3) Karen Ross;

(4) John Neslage; and

(5) Stephen Eustis.

(b) Unless the initial board agrees otherwise, the initial directors shall draw lots to determine which two shall serve until the first regularly scheduled election of directors under Section 8165.053, and which three shall serve until the second regularly scheduled election of directors.

(c) This section expires September 1, 2014.

Sec. 8165.053. INITIAL ELECTION OF PERMANENT DIRECTORS. On the uniform election date in May of the first even-numbered year after the year in which the creation of the district is confirmed at an election held under Section 8165.055, an election shall be held in the district for the election of two directors to replace the initial directors who, under Section 8165.052(b), serve until that election.

Sec. 8165.054. CONSENT OF MUNICIPALITY REQUIRED. The initial directors may not hold an election under Section 8165.055 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has adopted a resolution consenting to the creation of the district.

Sec. 8165.055. CONFIRMATION ELECTION. The initial directors shall hold an election to confirm the creation of the district in the manner provided by Section 49.102, Water Code. A reference to temporary directors or to electing permanent directors under Section 49.102 does not apply to the district. [Sections 8165.056-8165.100 reserved for expansion] SUBCHAPTER C. POWERS AND DUTIES

Sec. 8165.101. 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.

Sec. 8165.102. ROAD PROJECTS. (a) To the extent authorized by Section 52, Article III, Texas Constitution, 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 or orders of each municipality in whose corporate limits or extraterritorial jurisdiction the district is located. If the district is located outside the extraterritorial jurisdiction of a municipality, a road project must meet all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each county in which the district is located.

(c) The district may not undertake a road project unless each municipality in whose corporate limits or extraterritorial jurisdiction the district is located consents by ordinance or resolution.

Sec. 8165.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR RESOLUTIONS. The district shall comply with all applicable requirements of any ordinance or resolution adopted by the city council of the City of Alvin. [Sections 8165.104-8165.150 reserved for expansion] SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8165.151. TAX TO REPAY BONDS. The district may impose a tax to pay the principal of or interest on bonds or other obligations issued under Section 8165.201. [Sections 8165.152-8165.200 reserved for expansion] SUBCHAPTER E. BONDS

Sec. 8165.201. 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 a project under Section 8165.101 or 8165.102.

(b) The district may not issue bonds to finance projects authorized by Section 8165.102 unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election called for that purpose.

(c) Bonds or other obligations issued or incurred to finance projects authorized by Section 8165.102 may not exceed one-fourth of the assessed value of the real property in the district.

SECTION 2. The Fort Bend County Municipal Utility District No. 183 includes all the territory contained in the following area: TRACT I:

Being a tract or parcel containing 504.70 acres of land situated in the William Pettus League, Abstract Number 68, Fort Bend County, Texas; being all that certain called 504.6532 acre tract conveyed from J.E. Foster to H.B. Gordon, Trustee by deed recorded in Volume 393, Page 64 of the Deed Records Fort Bend County, Texas; being conveyed from H.B. Gordon, Trustee to S. Conrad Weil, Jr., Trustee, 16.668% interest as recorded in Clerk's File Number 9329669 of the Deed Records Fort Bend County, Texas; and being conveyed from Aron S. Gordon, Trustee to Asgor, Ltd. 41.666% interest as recorded in Clerk's File Number 9512339 of the Deed Records Fort Bend County, Texas; said 504.70 acre tract being more particularly described as follows (bearings are referenced to the Texas State Plain Coordinate System, South Central Zone, (NAD 83);

BEGINNING at a 1-inch iron pipe found in the west right-of-way line of the Missouri-Pacific (I.G. & N.) Railroad (width varies), being in the south line of said William Pettus League and in the north line of the Francis Bingham Survey, Abstract Number 43 and on the south line of Fort Bend County and on the north line of Brazoria County, said iron pipe marking the common northwest corner of that certain called 0.24 acre tract (Tract 3) as recorded in Clerk's File Number 99058295 of the Deed Records Brazoria County, Texas and the northeast corner of that certain called 3.00 acre tract (Tract 2) as recorded in Clerk's File Number 99058295 of the Deed Records Brazoria County, Texas, said iron pipe also marking the southeast corner of said called 504.6532 acre tract and the herein described tract;

THENCE, South 87°18'39" West (called South 89°44'40" West, 7,627.20 feet), along the north line of said Francis Bingham Survey and the south line of said William Pettus League, along the north line of Brazoria County and the south line of Fort Bend County, along the north line of said called 3.00 acre tract and the north line of that certain called 373.91 acre tract (Tract 1) as recorded in Clerk's File Number 99058295 of the Deed Records Brazoria County, Texas, and along the south line of said called 504.6532 acre tract, at a distance of 2,183.94 feet passing a found 1/2-inch iron rod which bears South 02°41'21" East, 0.72 feet, at a distance of 4,873.14 feet passing a found Axle which bears South 02°41'21" East, 5.95 feet, continuing, in all, a distance of 7,627.83 feet to a Railroad Rail found marking the southeast corner of that certain called 300 acre tract (Second Tract) as recorded in Volume 226, Page 540 of the Deed Records Fort Bend County, Texas, said Railroad Rail marking the southwest corner of said called 504.6532 acre tract and the herein described tract;

THENCE, North 02°44'11" West, (called North 00°18'10 West, 2,820.37 feet), along the east line of said called 300 acre tract and along the west line of said called 504.6532 acre tract, a distance of 2,820.37 feet to a 5/8-inch iron rod with "Terra" cap set in the south line of that certain called 294.4 acre tract as recorded in Clerk's File Numbers 9781317 and 9809582 of the Deed Records Fort Bend County, Texas, said iron rod marking the northeast corner of said called 300 acre tract and marking the northwest corner of said called 504.6532 acre tract and the herein described tract, from which a Railroad Rail found marking the southwest corner of said called 294.4 acre tract bears South 87°12'30' West, 4,609.45 feet;

THENCE, North 87°01'19" East, (called North 89°27'20" East, 7,674.31 feet), along the south line of said called 294.4 acre tract and along the north line of said called 504.6532 acre tract, a distance of 7,676.59 feet to a 5/8-inch iron rod with "Terra" cap set marking the northwest corner of an old cemetery tract (no deed of record) and marking the most northerly northeast corner of said called 504.6532 acre tract and the herein described tract;

THENCE, South 02°22'59" West, (called South 04°49'00" West, 196.45 feet), along an easterly line of said called 504.6532 acre tract and along the west line of said cemetery tract, a distance of 195.81 feet to a 1-inch iron pipe found marking the southwest corner of said cemetery tract and marking an interior corner of said called 504.6532 acre tract and the herein described tract;

THENCE, South 89°07'39" East, (called South 86°41'00" East, 208.85 feet), along a northerly line of said called 504.6532 acre tract and along the south line of said cemetery tract, a distance of 207.11 feet to a 1-inch iron pipe found in the aforesaid west right-of-way line of the Missouri- Pacific (I.G. & N.) Railroad, marking the southeast corner of said cemetery tract and marking the most easterly northeast corner of said called 504.6532 acre tract and the herein described tract, from which the centerline of the old railroad bed bears South 89°07'39" East, 48.7 feet;

THENCE, South 02°23'30" West, (called South 04°49'40" West, 2,660.84 feet), along the east line of said called 504.6532 acre tract and along the west right-of-way line of the Missouri- Pacific (I.S. & N.) Railroad, a distance of 2,660.63 feet to the POINT OF BEGINNING and containing 504.70 acres of land. This description is based on the Land Title Survey and p1at made by Terra Surveying Co., dated September, 2005, Project Number 9430-0501-S. TRACT II:

Being a tract of land out of the William Pettus Survey, Abstract 68, Fort Bend County, Texas, being more particularly described as follows: Beginning at a point on the south line of Fort Bend County, on the north line of Brazoria County, and the west right of way line of the International & Great Northern Railroad Company, predecessor to Union Pacific Railroad Company, distant 50 feet west from the centerline of track as originally constructed and operated and opposite Railroad Engineer's Station 1307+03;

THENCE Northeast parallel with said railroad and 50 feet distance at right angles from the centerline of its track 2,660.63 feet to a point;

THENCE East at right angles, 100 feet to the east right of way line of said railroad, also being the west right of way line of F. M. 521;

THENCE Southwest parallel and 50 feet distant from the centerline of the railroad track to the south line of Fort Bend County, Texas;

THENCE West 100 feet along the County line to the Point of Beginning. Save and except any portion lying within the right of way of F. M. 521. Contains 6.10 Acres 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, 2007.