80R9041 RMB-F
 
  By: Olivo H.B. No. 4012
 
 
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fort Bend County Municipal Utility
District No. 189; providing authority to impose a tax and issue
bonds.
       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 8249 to read as follows:
CHAPTER 8249. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 189
SUBCHAPTER A.  GENERAL PROVISIONS
       Sec. 8249.001.  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. 189.
       Sec. 8249.002.  NATURE OF DISTRICT. The district is a
municipal utility district created under and essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
       Sec. 8249.003.  CONFIRMATION ELECTION REQUIRED. The board
shall hold an election to confirm the creation of the district as
provided by Section 49.102, Water Code.
       Sec. 8249.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All
land and other property in the district will benefit from the
improvements and services to be provided by the district.
       Sec. 8249.005.  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 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 a purpose for
which the district is created or to pay the principal of and
interest on the bond;
             (3)  right to impose an assessment or tax; or
             (4)  legality or operation.
[Sections 8249.006-8249.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
       Sec. 8249.051.  GOVERNING BODY; TERMS;  ELECTION. (a) The
district is governed by a board of five elected directors.
       (b)  Directors serve staggered four-year terms.
       (c)  On the uniform election date in May of each
even-numbered year, the appropriate number of directors shall be
elected.
       Sec. 8249.052.  INITIAL DIRECTORS. (a) The initial board
consists of:
             (1)  Dan LeNeveu;
             (2)  Nikki Ball;
             (3)  Glenn Hansen;
             (4)  Joseph Charles Tusa; and
             (5)  Howard Moon.
       (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 and which three
shall serve until the second regularly scheduled election of
directors.
       (c)  This section expires September 1, 2014.
[Sections 8249.053-8249.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
       Sec. 8249.101.  GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
       Sec. 8249.102.  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.
       Sec. 8249.103.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution, adopted by the
governing body of a municipality under Section 54.016, Water Code,
that consents to the creation of the district or to the inclusion of
land in the district.
[Sections 8249.104-8249.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
       Sec. 8249.151.  ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by revenue or contract payments from a 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 operation and maintenance tax or
issue bonds payable from ad valorem taxes.
       Sec. 8249.152.  OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8249.151, the district
may impose an operation and maintenance tax on taxable property in
the district as provided by Section 49.107, Water Code.
       (b)  The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
[Sections 8249.153-8249.200 reserved for expansion]
SUBCHAPTER E. BONDS
       Sec.  8249.201.  AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS.  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.
       Sec. 8249.202.  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 an 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.
       SECTION 2.  The Fort Bend County Municipal Utility District
No. 189 initially includes all the territory contained in the
following area:
       All those certain tracts or parcels containing a total of
238.597 acres of land in the William Pettus League, A-68, Fort Bend
County, Texas, being all of that certain tract called 9.284 acres
conveyed to BGM Land Investments, Ltd., by an instrument of record
in File No. 2006124260 of the Official Public Records of said Fort
Bend County (F.B.C.O.P.R.); all of that certain tract called 46.415
acres conveyed to said BGM Land Investments, Ltd., by an instrument
of record in File No. 2006124259 of the F.B.C.O.P.R.; all of those
certain tracts called 179.359 acres and 2.559 acres conveyed to
said BGM Land Investments, Ltd., by an instrument of record in File
No. 2006086726 of the F.B.C.O.R. and all of that certain tract
called 1.000 acres conveyed to said BGM Land Investment, Ltd, by an
instrument of record in File No. 2006086725 of the F.B.C.O.P.R. and
all of Farm No. 1 thru Farm No. 9, all of Farm No. 39 thru Farm No. 41
and part of Farm No. 15 of the Emigration Land Company Subdivision
as recorded in Volume 618, Page 725 of the Plat Records of said Fort
Bend County and being more particularly described as Part One
containing 236.039 acres and Part Two containing 2.558 acres by
metes and bounds as follows, all bearings referenced to the Texas
State Plane Coordinate System, South Central Zone;
       PART ONE
       BEGINNING at a 2-inch pipe found marking the northwest corner
of said 9.284 acre tract, same being on the easterly right-of-way
line of F.M. No. 521, 115.0 feet wide, on the common line between
said William Pettus League and the William Hall League, A-31, and on
the south line of Southern Colony Section One, a subdivision of
record on Plat No. 20050137 of the Plat Records of said Fort Bend
County;
       Thence North 86° 59' 51" East, 4,218.75 feet with said common
survey line, with the north line of said 9.284 acre tract, with the
north line of the aforesaid 1.000 acre tract, with the north line of
the aforesaid 179.359 acre tract and with the south line of said
Southern Colony to a 1/2-inch iron pipe with a Kalkomey Cap found
for corner, the common north corner of Farm No. 40 and 51 and in the
center line of a 40.0 foot wide platted roadway (not open) as shown
on said Emigration Land Company Subdivision;
       Thence South 03° 01' 47" East, 2,359.44 feet departing said
common and north line, with the common line between Farm No. 40 and
51 and Farm No. 41 and 50, with the east line of said 179.359 acre
tract and with the centerline of said 40.0 foot wide platted roadway
(not open) to a 1/2-inch iron pipe with a Kalkomey cap found for
corner on the north right-of-way line of Juliff-Manvel Road, 60.0
feet wide, same being the southeast corner of said 179.359 acre
tract;
       Thence South 86° 58' 17" West, 2,458.02 feet with the north
line of said Juliff-Manvel Road and with the south line of said
179.359 acre tract to a 1/2-inch iron pipe with a Kalkomey Cap found
for corner;
       Thence South 03° 01' 43" East, 30.00 feet with a west line of
said 179.359 acre tract to a cotton picker spindle found for corner
on the centerline of Juliff-Manvel Road;
       Thence South 86° 58' 17" West, 674.01 feet with a south line of
said 179.359 acre tract and with the centerline of said
Juliff-Manvel Road to a cotton picker spindle found for corner;
       Thence North 03° 01' 30" West, 30.00 feet with a west line of
said 179.359 acre tract to a 1/2-inch iron pipe with a Kalkomey Cap
found for corner on the north right-of-way line of Juliff-Manvel
Road;
       Thence South 86° 58' 17" West, 187.93 feet with a south line of
said 179.359 acre tract and with the north right-of-way line of
Juliff-Manvel Road to a 1/2-inch iron pipe with a Kalkomey Cap found
for corner, the southwest corner of said 179.359 acre tract and on
the east line of the aforesaid 46.415 acre tract;
       Thence South 03° 01' 43" East, 30.00 feet with the east line of
said 46.415 acre tract to a cotton picker spindle found for corner,
the southeast corner of said 46.415 acre tract and on the centerline
of the aforesaid Juliff-Manvel Road;
       Thence South 86° 58' 17" West, 1130.82 feet with the south
line of said 46.415 acre tract and with the centerline of said
Juliff-Manvel Road to a cotton picker spindle found for corner, the
southwest corner of said 46.415 acre tract and on the easterly
right-of-way line of the aforesaid F.M. No. 521;
       Thence North 02° 31' 47" East, with the west line of said
46.415 acre tract and with the easterly right-of-way line of F.M.
No. 521, at 30.14 feet pass a 5/8-inch iron rod found on the north
right-of-way line of Juliff-Manvel Road and continuing in all a
total of 1960.12 feet to a 5/8-inch iron rod found for corner, the
northwest corner of said 46.415 acre tract and the southwest corner
of the aforesaid 9.284 acre tract;
       Thence North 02° 26' 06" East, 442.48 feet with the easterly
right-of-way line of said F.M. No. 521 and with the west line of
said 9.284 acre tract to the POINT OF BEGINNING and containing
236.039 acres of land.
       PART TWO
       BEGINNING at a 1/2-inch iron pipe with a Kalkomey Cap found
marking the northwest corner of the aforesaid 2.559 acre tract,
same being on the south right-of-way line of Juliff-Manvel Road,
60.0 feet wide;
       Thence North 86° 58' 17" East, 240.76 feet with the north line
of said 2.559 acre tract and with the south right-of-way line of
Juliff-Manvel Road to a 1/2-inch iron pipe with a Kalkomey Cap found
marking the northeast corner of said 2.559 acre tract and the
northwest corner of that certain tract called 10.3 acres conveyed
to Fabian Valdez by an instrument of record in Volume 2500, Page
1181 of the Official Records of Fort Bend County (F.B.C.O.R.);
       Thence South 02° 50' 17" East, 528.91 feet with the east line
of said 2.559 acre tract and with the west line of said 10.3 acre
tract to a 1/2-inch iron pipe with a Kalkomey Cap found for corner,
the southeast corner of said 2.559 acre tract;
       Thence North 64° 38' 41" West, 271.49 feet departing said west
line and with a south line of said 2.559 acre tract to a 1/2-inch
iron pipe with a Kalkomey Cap found for corner, the southwest corner
of said 2.559 acre tract;
       Thence North 03° 03' 00' West, 399.85 feet with the west line
of said 2.559 acre tract to the POINT OF BEGINNING and containing
2.558 acres of land.
       Said Part One and Part Two containing a total of 238.597 acres
of land.
       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 immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.