| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
|
|
|
relating to the creation of the Fulshear Municipal Utility |
|
|
Districts Nos. 4, 5, and 6; granting a limited power of eminent |
|
|
domain; providing authority to issue bonds; providing authority to |
|
|
impose assessments, fees, and taxes. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
ARTICLE 1. CREATION OF MUNICIPAL UTILITY DISTRICTS |
|
|
SECTION 1.01. Subtitle F, Title 6, Special District Local |
|
|
Laws Code, is amended by adding Chapter 8494 to read as follows: |
|
|
CHAPTER 8494. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 4 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8494.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Commission" means the Texas Commission on |
|
|
Environmental Quality. |
|
|
(3) "Director" means a board member. |
|
|
(4) "District" means the Fulshear Municipal Utility |
|
|
District No. 4. |
|
|
Sec. 8494.002. NATURE OF DISTRICT. The district is a |
|
|
municipal utility district created under Section 59, Article XVI, |
|
|
Texas Constitution. |
|
|
Sec. 8494.003. CONFIRMATION AND DIRECTORS' ELECTION |
|
|
REQUIRED. The temporary directors shall hold an election to |
|
|
confirm the creation of the district and to elect five permanent |
|
|
directors as provided by Section 49.102, Water Code. |
|
|
Sec. 8494.004. CONSENT OF MUNICIPALITY REQUIRED. The |
|
|
temporary directors may not hold an election under Section 8494.003 |
|
|
until each municipality in whose corporate limits or |
|
|
extraterritorial jurisdiction the district is located has |
|
|
consented by ordinance or resolution to the creation of the |
|
|
district and to the inclusion of land in the district. |
|
|
Sec. 8494.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
|
|
The district is created to serve a public purpose and benefit. |
|
|
(b) The district is created to accomplish the purposes of: |
|
|
(1) a municipal utility district as provided by |
|
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
|
(2) Section 52, Article III, Texas Constitution, that |
|
|
relate to the construction, acquisition, improvement, operation, |
|
|
or maintenance of macadamized, graveled, or paved roads, or |
|
|
improvements, including storm drainage, in aid of those roads. |
|
|
Sec. 8494.006. INITIAL DISTRICT TERRITORY. (a) The |
|
|
district is initially composed of the territory described by |
|
|
Section 2.01 of the Act enacting this chapter. |
|
|
(b) The boundaries and field notes contained in Section 2.01 |
|
|
of the Act enacting 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 the district's: |
|
|
(1) organization, existence, or validity; |
|
|
(2) right to issue any type of bond for the purposes |
|
|
for which the district is created or to pay the principal of and |
|
|
interest on a bond; |
|
|
(3) right to impose a tax; or |
|
|
(4) legality or operation. |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8494.051. GOVERNING BODY; TERMS. (a) The district is |
|
|
governed by a board of five elected directors. |
|
|
(b) Except as provided by Section 8494.052, directors serve |
|
|
staggered four-year terms. |
|
|
Sec. 8494.052. TEMPORARY DIRECTORS. (a) On or after |
|
|
September 1, 2015, the owner or owners of a majority of the assessed |
|
|
value of the real property in the district may submit a petition to |
|
|
the commission requesting that the commission appoint as temporary |
|
|
directors the five persons named in the petition. The commission |
|
|
shall appoint as temporary directors the five persons named in the |
|
|
petition. |
|
|
(b) Temporary directors serve until the earlier of the date |
|
|
permanent directors are elected under Section 8494.003 or September |
|
|
1, 2019. |
|
|
(c) If permanent directors have not been elected under |
|
|
Section 8494.003 and the terms of the temporary directors have |
|
|
expired, successor temporary directors shall be appointed or |
|
|
reappointed as provided by Subsection (d) to serve terms that |
|
|
expire on the earlier of: |
|
|
(1) the date permanent directors are elected under |
|
|
Section 8494.003; or |
|
|
(2) the fourth anniversary of the date of the |
|
|
appointment or reappointment. |
|
|
(d) If Subsection (c) applies, the owner or owners of a |
|
|
majority of the assessed value of the real property in the district |
|
|
may submit a petition to the commission requesting that the |
|
|
commission appoint as successor temporary directors the five |
|
|
persons named in the petition. The commission shall appoint as |
|
|
successor temporary directors the five persons named in the |
|
|
petition. |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8494.101. GENERAL POWERS AND DUTIES. The district has |
|
|
the powers and duties necessary to accomplish the purposes for |
|
|
which the district is created. |
|
|
Sec. 8494.102. 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. 8494.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
|
|
52, Article III, Texas Constitution, the district may design, |
|
|
acquire, construct, finance, issue bonds for, improve, operate, |
|
|
maintain, and convey to this state, a county, or a municipality for |
|
|
operation and maintenance macadamized, graveled, or paved roads, or |
|
|
improvements, including storm drainage, in aid of those roads. |
|
|
Sec. 8494.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
|
|
project must meet all applicable construction standards, zoning and |
|
|
subdivision requirements, and regulations of each municipality in |
|
|
whose corporate limits or extraterritorial jurisdiction the road |
|
|
project is located. |
|
|
(b) If a road project is not located in the corporate limits |
|
|
or extraterritorial jurisdiction of a municipality, the road |
|
|
project must meet all applicable construction standards, |
|
|
subdivision requirements, and regulations of each county in which |
|
|
the road project is located. |
|
|
(c) If the state will maintain and operate the road, the |
|
|
Texas Transportation Commission must approve the plans and |
|
|
specifications of the road project. |
|
|
Sec. 8494.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
|
|
OR RESOLUTION. (a) Except as provided by this section, the |
|
|
district shall comply with all applicable requirements of any |
|
|
ordinance or resolution that is adopted under Section 54.016 or |
|
|
54.0165, Water Code, and that consents to the creation of the |
|
|
district or to the inclusion of land in the district. |
|
|
(b) Section 54.016(f), Water Code, does not apply to the |
|
|
district. |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 8494.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
|
|
district may issue, without an election, bonds and other |
|
|
obligations secured by: |
|
|
(1) revenue other than ad valorem taxes; or |
|
|
(2) contract payments described by Section 8494.153. |
|
|
(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 ad valorem tax or issue bonds |
|
|
payable from ad valorem taxes. |
|
|
(c) The district may not issue bonds payable from ad valorem |
|
|
taxes to finance a road project unless the issuance is approved by a |
|
|
vote of a two-thirds majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
Sec. 8494.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
|
authorized at an election held under Section 8494.151, the district |
|
|
may impose an operation and maintenance tax on taxable property in |
|
|
the district in accordance with Section 49.107, Water Code. |
|
|
(b) The board shall determine the tax rate. The rate may not |
|
|
exceed the rate approved at the election. |
|
|
Sec. 8494.153. CONTRACT TAXES. (a) In accordance with |
|
|
Section 49.108, Water Code, the district may impose a tax other than |
|
|
an operation and maintenance tax and use the revenue derived from |
|
|
the tax to make payments under a contract after the provisions of |
|
|
the contract have been approved by a majority of the district voters |
|
|
voting at an election held for that purpose. |
|
|
(b) A contract approved by the district voters may contain a |
|
|
provision stating that the contract may be modified or amended by |
|
|
the board without further voter approval. |
|
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
|
Sec. 8494.201. 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, contract payments, grants, or other district money, or any |
|
|
combination of those sources, to pay for any authorized district |
|
|
purpose. |
|
|
Sec. 8494.202. TAXES FOR BONDS. At the time the district |
|
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
|
board shall provide for the annual imposition of a continuing |
|
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
|
or part of the bonds are outstanding as required and in the manner |
|
|
provided by Sections 54.601 and 54.602, Water Code. |
|
|
Sec. 8494.203. BONDS FOR ROAD PROJECTS. At the time of |
|
|
issuance, the total principal amount of bonds or other obligations |
|
|
issued or incurred to finance road projects and payable from ad |
|
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
|
real property in the district. |
|
|
SECTION 1.02. Subtitle F, Title 6, Special District Local |
|
|
Laws Code, is amended by adding Chapter 8495 to read as follows: |
|
|
CHAPTER 8495. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 5 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8495.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Commission" means the Texas Commission on |
|
|
Environmental Quality. |
|
|
(3) "Director" means a board member. |
|
|
(4) "District" means the Fulshear Municipal Utility |
|
|
District No. 5. |
|
|
Sec. 8495.002. NATURE OF DISTRICT. The district is a |
|
|
municipal utility district created under Section 59, Article XVI, |
|
|
Texas Constitution. |
|
|
Sec. 8495.003. CONFIRMATION AND DIRECTORS' ELECTION |
|
|
REQUIRED. The temporary directors shall hold an election to |
|
|
confirm the creation of the district and to elect five permanent |
|
|
directors as provided by Section 49.102, Water Code. |
|
|
Sec. 8495.004. CONSENT OF MUNICIPALITY REQUIRED. The |
|
|
temporary directors may not hold an election under Section 8495.003 |
|
|
until each municipality in whose corporate limits or |
|
|
extraterritorial jurisdiction the district is located has |
|
|
consented by ordinance or resolution to the creation of the |
|
|
district and to the inclusion of land in the district. |
|
|
Sec. 8495.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
|
|
The district is created to serve a public purpose and benefit. |
|
|
(b) The district is created to accomplish the purposes of: |
|
|
(1) a municipal utility district as provided by |
|
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
|
(2) Section 52, Article III, Texas Constitution, that |
|
|
relate to the construction, acquisition, improvement, operation, |
|
|
or maintenance of macadamized, graveled, or paved roads, or |
|
|
improvements, including storm drainage, in aid of those roads. |
|
|
Sec. 8495.006. INITIAL DISTRICT TERRITORY. (a) The |
|
|
district is initially composed of the territory described by |
|
|
Section 2.02 of the Act enacting this chapter. |
|
|
(b) The boundaries and field notes contained in Section 2.02 |
|
|
of the Act enacting 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 the district's: |
|
|
(1) organization, existence, or validity; |
|
|
(2) right to issue any type of bond for the purposes |
|
|
for which the district is created or to pay the principal of and |
|
|
interest on a bond; |
|
|
(3) right to impose a tax; or |
|
|
(4) legality or operation. |
|
|
Sec. 8495.007. ANNEXATION BY MUNICIPALITY. (a) |
|
|
Notwithstanding any other law, if all of the territory of the |
|
|
district is annexed by a municipality into the corporate limits of |
|
|
that municipality before the date of the election under Section |
|
|
8495.003, the district may not be dissolved and shall continue |
|
|
until the district is dissolved under Section 43.074, Local |
|
|
Government Code. |
|
|
(b) Section 54.016(f), Water Code, does not apply to the |
|
|
district. |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8495.051. GOVERNING BODY; TERMS. (a) The district is |
|
|
governed by a board of five elected directors. |
|
|
(b) Except as provided by Section 8495.052, directors serve |
|
|
staggered four-year terms. |
|
|
Sec. 8495.052. TEMPORARY DIRECTORS. (a) On or after |
|
|
September 1, 2015, the owner or owners of a majority of the assessed |
|
|
value of the real property in the district may submit a petition to |
|
|
the commission requesting that the commission appoint as temporary |
|
|
directors the five persons named in the petition. The commission |
|
|
shall appoint as temporary directors the five persons named in the |
|
|
petition. |
|
|
(b) Temporary directors serve until the earlier of: |
|
|
(1) the date permanent directors are elected under |
|
|
Section 8495.003; or |
|
|
(2) September 1, 2019. |
|
|
(c) If permanent directors have not been elected under |
|
|
Section 8495.003 and the terms of the temporary directors have |
|
|
expired, successor temporary directors shall be appointed or |
|
|
reappointed as provided by Subsection (d) to serve terms that |
|
|
expire on the earlier of: |
|
|
(1) the date permanent directors are elected under |
|
|
Section 8495.003; or |
|
|
(2) the fourth anniversary of the date of the |
|
|
appointment or reappointment. |
|
|
(d) If Subsection (c) applies, the owner or owners of a |
|
|
majority of the assessed value of the real property in the district |
|
|
may submit a petition to the commission requesting that the |
|
|
commission appoint as successor temporary directors the five |
|
|
persons named in the petition. The commission shall appoint as |
|
|
successor temporary directors the five persons named in the |
|
|
petition. |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8495.101. GENERAL POWERS AND DUTIES. The district has |
|
|
the powers and duties necessary to accomplish the purposes for |
|
|
which the district is created. |
|
|
Sec. 8495.102. 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. 8495.103. LEVEE IMPROVEMENT DISTRICT POWERS AND |
|
|
DUTIES. The district has the powers and duties provided by the |
|
|
general law of this state, including Chapter 57, Water Code, |
|
|
applicable to levee improvement districts created under Section 59, |
|
|
Article XVI, Texas Constitution. |
|
|
Sec. 8495.104. AUTHORITY FOR ROAD PROJECTS. Under Section |
|
|
52, Article III, Texas Constitution, the district may design, |
|
|
acquire, construct, finance, issue bonds for, improve, operate, |
|
|
maintain, and convey to this state, a county, or a municipality for |
|
|
operation and maintenance macadamized, graveled, or paved roads, or |
|
|
improvements, including storm drainage, in aid of those roads |
|
|
inside or outside the district. |
|
|
Sec. 8495.105. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
|
|
project must meet all applicable construction standards, zoning and |
|
|
subdivision requirements, and regulations of each municipality in |
|
|
whose corporate limits or extraterritorial jurisdiction the road |
|
|
project is located. |
|
|
(b) If a road project is not located in the corporate limits |
|
|
or extraterritorial jurisdiction of a municipality, the road |
|
|
project must meet all applicable construction standards, |
|
|
subdivision requirements, and regulations of each county in which |
|
|
the road project is located. |
|
|
(c) If the state will maintain and operate the road, the |
|
|
Texas Transportation Commission must approve the plans and |
|
|
specifications of the road project. |
|
|
Sec. 8495.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
|
|
OR RESOLUTION. The district shall comply with all applicable |
|
|
requirements of any ordinance or resolution that is adopted under |
|
|
Section 54.016 or 54.0165, Water Code, and that consents to the |
|
|
creation of the district or to the inclusion of land in the |
|
|
district. |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 8495.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
|
|
district may issue, without an election, bonds and other |
|
|
obligations secured by: |
|
|
(1) revenue other than ad valorem taxes; or |
|
|
(2) contract payments described by Section 8495.153. |
|
|
(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 ad valorem tax or issue bonds |
|
|
payable from ad valorem taxes. |
|
|
(c) The district may not issue bonds payable from ad valorem |
|
|
taxes to finance a road project unless the issuance is approved by a |
|
|
vote of a two-thirds majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
Sec. 8495.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
|
authorized at an election held under Section 8495.151, the district |
|
|
may impose an operation and maintenance tax on taxable property in |
|
|
the district in accordance with Section 49.107, Water Code. |
|
|
(b) The board shall determine the tax rate. The rate may not |
|
|
exceed the rate approved at the election. |
|
|
Sec. 8495.153. CONTRACT TAXES. (a) In accordance with |
|
|
Section 49.108, Water Code, the district may impose a tax other than |
|
|
an operation and maintenance tax and use the revenue derived from |
|
|
the tax to make payments under a contract after the provisions of |
|
|
the contract have been approved by a majority of the district voters |
|
|
voting at an election held for that purpose. |
|
|
(b) A contract approved by the district voters may contain a |
|
|
provision stating that the contract may be modified or amended by |
|
|
the board without further voter approval. |
|
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
|
Sec. 8495.201. 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, contract payments, grants, or other district money, or any |
|
|
combination of those sources, to pay for any authorized district |
|
|
purpose. |
|
|
Sec. 8495.202. TAXES FOR BONDS. At the time the district |
|
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
|
board shall provide for the annual imposition of a continuing |
|
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
|
or part of the bonds are outstanding as required and in the manner |
|
|
provided by Sections 54.601 and 54.602, Water Code. |
|
|
Sec. 8495.203. BONDS FOR ROAD PROJECTS. At the time of |
|
|
issuance, the total principal amount of bonds or other obligations |
|
|
issued or incurred to finance road projects and payable from ad |
|
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
|
real property in the district. |
|
|
SECTION 1.03. Subtitle F, Title 6, Special District Local |
|
|
Laws Code, is amended by adding Chapter 8496 to read as follows: |
|
|
CHAPTER 8496. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 6 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8496.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Commission" means the Texas Commission on |
|
|
Environmental Quality. |
|
|
(3) "Director" means a board member. |
|
|
(4) "District" means the Fulshear Municipal Utility |
|
|
District No. 6. |
|
|
Sec. 8496.002. NATURE OF DISTRICT. The district is a |
|
|
municipal utility district created under Section 59, Article XVI, |
|
|
Texas Constitution. |
|
|
Sec. 8496.003. CONFIRMATION AND DIRECTORS' ELECTION |
|
|
REQUIRED. The temporary directors shall hold an election to |
|
|
confirm the creation of the district and to elect five permanent |
|
|
directors as provided by Section 49.102, Water Code. |
|
|
Sec. 8496.004. CONSENT OF MUNICIPALITY AND DEVELOPMENT |
|
|
AGREEMENT REQUIRED. The temporary directors may not hold an |
|
|
election under Section 8496.003 until each municipality in whose |
|
|
corporate limits or extraterritorial jurisdiction the district is |
|
|
located has: |
|
|
(1) consented by ordinance or resolution to the |
|
|
creation of the district and to the inclusion of land in the |
|
|
district; and |
|
|
(2) entered into a development agreement under Section |
|
|
212.172, Local Government Code, with the owners of the land |
|
|
described by Section 2.03 of the Act enacting this chapter. |
|
|
Sec. 8496.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
|
|
The district is created to serve a public purpose and benefit. |
|
|
(b) The district is created to accomplish the purposes of: |
|
|
(1) a municipal utility district as provided by |
|
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
|
(2) Section 52, Article III, Texas Constitution, that |
|
|
relate to the construction, acquisition, improvement, operation, |
|
|
or maintenance of macadamized, graveled, or paved roads, or |
|
|
improvements, including storm drainage, in aid of those roads. |
|
|
Sec. 8496.006. INITIAL DISTRICT TERRITORY. (a) The |
|
|
district is initially composed of the territory described by |
|
|
Section 2.03 of the Act enacting this chapter. |
|
|
(b) The boundaries and field notes contained in Section 2.03 |
|
|
of the Act enacting 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 the district's: |
|
|
(1) organization, existence, or validity; |
|
|
(2) right to issue any type of bond for the purposes |
|
|
for which the district is created or to pay the principal of and |
|
|
interest on a bond; |
|
|
(3) right to impose a tax; or |
|
|
(4) legality or operation. |
|
|
Sec. 8496.007. ANNEXATION BY MUNICIPALITY. (a) |
|
|
Notwithstanding any other law, if all of the territory of the |
|
|
district is annexed by a municipality into the corporate limits of |
|
|
that municipality before the date of the election under Section |
|
|
8496.003, the district may not be dissolved and shall continue |
|
|
until the district is dissolved under Section 43.074, Local |
|
|
Government Code. |
|
|
(b) Section 54.016(f), Water Code, does not apply to the |
|
|
district. |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8496.051. GOVERNING BODY; TERMS. (a) The district is |
|
|
governed by a board of five elected directors. |
|
|
(b) Except as provided by Section 8496.052, directors serve |
|
|
staggered four-year terms. |
|
|
Sec. 8496.052. TEMPORARY DIRECTORS. (a) On or after |
|
|
September 1, 2015, the owner or owners of a majority of the assessed |
|
|
value of the real property in the district may submit a petition to |
|
|
the commission requesting that the commission appoint as temporary |
|
|
directors the five persons named in the petition. The commission |
|
|
shall appoint as temporary directors the five persons named in the |
|
|
petition. |
|
|
(b) Temporary directors serve until the earlier of: |
|
|
(1) the date permanent directors are elected under |
|
|
Section 8496.003; or |
|
|
(2) September 1, 2019. |
|
|
(c) If permanent directors have not been elected under |
|
|
Section 8496.003 and the terms of the temporary directors have |
|
|
expired, successor temporary directors shall be appointed or |
|
|
reappointed as provided by Subsection (d) to serve terms that |
|
|
expire on the earlier of: |
|
|
(1) the date permanent directors are elected under |
|
|
Section 8496.003; or |
|
|
(2) the fourth anniversary of the date of the |
|
|
appointment or reappointment. |
|
|
(d) If Subsection (c) applies, the owner or owners of a |
|
|
majority of the assessed value of the real property in the district |
|
|
may submit a petition to the commission requesting that the |
|
|
commission appoint as successor temporary directors the five |
|
|
persons named in the petition. The commission shall appoint as |
|
|
successor temporary directors the five persons named in the |
|
|
petition. |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8496.101. GENERAL POWERS AND DUTIES. The district has |
|
|
the powers and duties necessary to accomplish the purposes for |
|
|
which the district is created. |
|
|
Sec. 8496.102. 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. 8496.103. LEVEE IMPROVEMENT DISTRICT POWERS AND |
|
|
DUTIES. The district has the powers and duties provided by the |
|
|
general law of this state, including Chapter 57, Water Code, |
|
|
applicable to levee improvement districts created under Section 59, |
|
|
Article XVI, Texas Constitution. |
|
|
Sec. 8496.104. AUTHORITY FOR ROAD PROJECTS. Under Section |
|
|
52, Article III, Texas Constitution, the district may design, |
|
|
acquire, construct, finance, issue bonds for, improve, operate, |
|
|
maintain, and convey to this state, a county, or a municipality for |
|
|
operation and maintenance macadamized, graveled, or paved roads, or |
|
|
improvements, including storm drainage, in aid of those roads |
|
|
inside or outside the district. |
|
|
Sec. 8496.105. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
|
|
project must meet all applicable construction standards, zoning and |
|
|
subdivision requirements, and regulations of each municipality in |
|
|
whose corporate limits or extraterritorial jurisdiction the road |
|
|
project is located. |
|
|
(b) If a road project is not located in the corporate limits |
|
|
or extraterritorial jurisdiction of a municipality, the road |
|
|
project must meet all applicable construction standards, |
|
|
subdivision requirements, and regulations of each county in which |
|
|
the road project is located. |
|
|
(c) If the state will maintain and operate the road, the |
|
|
Texas Transportation Commission must approve the plans and |
|
|
specifications of the road project. |
|
|
Sec. 8496.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
|
|
OR RESOLUTION. The district shall comply with all applicable |
|
|
requirements of any ordinance or resolution that is adopted under |
|
|
Section 54.016 or 54.0165, Water Code, and that consents to the |
|
|
creation of the district or to the inclusion of land in the |
|
|
district. |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 8496.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
|
|
district may issue, without an election, bonds and other |
|
|
obligations secured by: |
|
|
(1) revenue other than ad valorem taxes; or |
|
|
(2) contract payments described by Section 8496.153. |
|
|
(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 ad valorem tax or issue bonds |
|
|
payable from ad valorem taxes. |
|
|
(c) The district may not issue bonds payable from ad valorem |
|
|
taxes to finance a road project unless the issuance is approved by a |
|
|
vote of a two-thirds majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
Sec. 8496.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
|
authorized at an election held under Section 8496.151, the district |
|
|
may impose an operation and maintenance tax on taxable property in |
|
|
the district in accordance with Section 49.107, Water Code. |
|
|
(b) The board shall determine the tax rate. The rate may not |
|
|
exceed the rate approved at the election. |
|
|
Sec. 8496.153. CONTRACT TAXES. (a) In accordance with |
|
|
Section 49.108, Water Code, the district may impose a tax other than |
|
|
an operation and maintenance tax and use the revenue derived from |
|
|
the tax to make payments under a contract after the provisions of |
|
|
the contract have been approved by a majority of the district voters |
|
|
voting at an election held for that purpose. |
|
|
(b) A contract approved by the district voters may contain a |
|
|
provision stating that the contract may be modified or amended by |
|
|
the board without further voter approval. |
|
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
|
Sec. 8496.201. 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, contract payments, grants, or other district money, or any |
|
|
combination of those sources, to pay for any authorized district |
|
|
purpose. |
|
|
Sec. 8496.202. TAXES FOR BONDS. At the time the district |
|
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
|
board shall provide for the annual imposition of a continuing |
|
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
|
or part of the bonds are outstanding as required and in the manner |
|
|
provided by Sections 54.601 and 54.602, Water Code. |
|
|
Sec. 8496.203. BONDS FOR ROAD PROJECTS. At the time of |
|
|
issuance, the total principal amount of bonds or other obligations |
|
|
issued or incurred to finance road projects and payable from ad |
|
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
|
real property in the district. |
|
|
ARTICLE 2. METES AND BOUNDS |
|
|
SECTION 2.01. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. |
|
|
4. The Fulshear Municipal Utility District No. 4 initially |
|
|
includes all the territory contained in the following area: |
|
|
A Field Note Description of 227.024 Acres of Land, being the |
|
|
same call 227.08 Acre Tract of Land (Volume 1376, Page 598; Deed |
|
|
Records of Fort Bend County, Texas), and being out of the original |
|
|
W.J. Walker, Jr. call 318.91 Acre Tract in the David Randon & I. |
|
|
Pennington League, Abstract No. 75, Fort Bend County, Texas. |
|
|
For Connection Begin at the Northeast corner of said David |
|
|
Randon & I. Pennington League, Abstract No. 75; THENCE, Call South |
|
|
00deg.22'30" West, 2653.0 feet to a 5/8 inch capped iron rod stamped |
|
|
"1535-4035" set marking the Northeast corner of and place of |
|
|
beginning for this tract; |
|
|
THENCE, South 00deg.17'17" East, along a wire fence line, |
|
|
2420.0 feet to a 1 inch iron pipe found marking the Southeast corner |
|
|
of this tract; |
|
|
THENCE, North 89deg.59'30" West, along the North line of the |
|
|
ELLIS CATTLE COMPANY DIVISION (an unrecorded subdivision), at 297.6 |
|
|
feet pass a Seaway Pipeline (Enterprise), at 305.4 feet pass |
|
|
another Seaway Pipeline (Enterprise), at 330.1 feet pass the Exxon |
|
|
Pipeline, continuing along a fence line, at 3754.49 feet pass the |
|
|
Phillips Pipeline, at 3860.19 feet pass a 1 inch iron pipe found in |
|
|
the East right-of-way line of Bois D' Arc Lane (width varies), in |
|
|
all 3888.0 feet to a point in the center of said Bois D' Arc Lane |
|
|
marking the Southwest corner of this tract; said point also marks |
|
|
the Northwest corner of the Pamela Carr call 7.036 Acre Tractc (FBC |
|
|
2006054222) |
|
|
THENCE, North 00drg.40'36" East, 2580.18 feet along a line is |
|
|
said Bois D' Arc Lane to a point marking the Northwest corner of |
|
|
this tract; |
|
|
THENCE, South 89deg.59'38" East, at 30.26 feet pass a 1 inch |
|
|
iron pipe found in the East right-of-way line of said Bois D'Arc |
|
|
Lane, then along the South line of BOIS D'ARC ESTATE ACRES (an |
|
|
unrecorded subdivision), in all 2769.04 feet to a 1 inch iron pipe |
|
|
found marking an angle point; |
|
|
THENCE, South 81deg.31'45" East, passing said Exxon Pipeline |
|
|
and two Seaway Pipelines (Enterprise), 1088.2 feet to the place of |
|
|
beginning and containing 227.024 Acres of Land, including 1.720 |
|
|
Acres in Bois d' Arc Lane, leaving a net of 225.304, Acres. |
|
|
SECTION 2.02. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 5. |
|
|
The Fulshear Municipal Utility District No. 5 initially includes |
|
|
all the territory contained in the following area: |
|
|
A FIELD NOTE DESCRIPTION of a 636.76 acre tract of land in the |
|
|
D. Randon & I. Pennington Survey, Abstract No. 75, and in the |
|
|
Churchill Fulshear Survey, Abstract No. 29, Fort Bend County, |
|
|
Texas; said 636.76 acre tract being that same called 635.1725 acre |
|
|
tract of land conveyed to Highland Management, Inc., as recorded in |
|
|
Volume 1438, Page 632 of the Fort Bend County Deed Records; said |
|
|
tract being more particularly described by metes-and-bounds as |
|
|
follows with the bearings being based on Texas State Plane |
|
|
Coordinate System, South Central Zone (NAD83) per GPS Observations |
|
|
using National Geodetic Survey Continuously Operating Reference |
|
|
Stations: |
|
|
COMMENCING FOR REFERENCE at a fence post found for the |
|
|
northeast corner of a called 514.321 acre tract conveyed to said |
|
|
Highland Management, Inc., as recorded in Volume 801, Page 410 of |
|
|
the Fort Bend County Deed Records; |
|
|
THENCE, South 88° 42' 45" West - 40.00 feet with the north line |
|
|
of said 514.321 acre tract to a fence post broken off at ground |
|
|
level found for the southeast corner of a 200.013 acre tract of land |
|
|
conveyed to Highland Management, Inc., as recorded in Volume 1089, |
|
|
Page 165 of the Fort Bend County Deed Records; |
|
|
THENCE, North 01° 12' 55" West - 1,244.75 feet with the west |
|
|
right-of-way line of Montgomery Road and with the east line of said |
|
|
200.013 acre tract to a 5/8-inch iron rod with cap stamped |
|
|
"T.E.A.M." set for an angle point; |
|
|
THENCE, North 04° 04' 05" West - 116.45 feet with the west |
|
|
right-of-way line of Montgomery Road and with the east line of said |
|
|
200.013 acre tract to a TXDOT monument disk found corner; |
|
|
THENCE, South 87° 26' 43" West - 48.23 feet with the south line |
|
|
of a tract of land conveyed to the County of Fort Bend, as recorded |
|
|
in Volume 2205, Page 1910 of the Fort Bend County Deed Records to a |
|
|
5/8- inch iron rod with cap stamped "T.E.A.M." set for corner; |
|
|
THENCE, North 02° 33' 17" West with the west line of said |
|
|
County of Fort Bend tract, at a distance of 213.19 feet pass a |
|
|
5/8-inch iron rod with cap stamped "T.E.A.M." set and continuing |
|
|
for a total distance of 414.35 feet to a point for a south corner and |
|
|
POINT OF BEGINNING of this tract; |
|
|
THENCE the following courses and distances with the north |
|
|
line of Cottonwood Slough: |
|
|
1.) North 32° 21' 49" West - 134.59 feet to a 5/8-inch iron |
|
|
rod with cap stamped "T.E.A.M." set; |
|
|
2.) In a northwesterly direction with a curve to the left |
|
|
having a radius of 175.00 feet, a central angel of 44° 24' 58", a |
|
|
length of 135.66 feet, and a chord bearing North 54° 52' 13" West - |
|
|
132.29 feet to a 5/8-inch iron rod with cap stamped "T.E.A.M." set; |
|
|
3.) North 32° 39' 45" West - 177.53 feet to a 1-1/4-inch iron |
|
|
pipe found; |
|
|
THENCE the flowing courses and distances with a line parallel |
|
|
to and approximately 200 feet north of the centerline of an existing |
|
|
canal: |
|
|
1.) In a southwesterly direction with a curve to the left |
|
|
having a radius of 325.00 feet, a central angel of 38° 59' 02", a |
|
|
length of 221.13 feet, and a chord bearing South 60° 28' 27" West - |
|
|
216.89 feet to a 1-1/4- inch iron pipe found; |
|
|
2.) South 41° 01' 32" West - 1,644.35 feet to a 1-1/4-inch |
|
|
iron pipe found; |
|
|
3.) In a westerly direction with a curve to the right having |
|
|
a radius of 516.80 feet, a central angel of 61° 36' 54", a length of |
|
|
555.76 feet, and a chord bearing South 71° 50' 37" West -529.36 feet |
|
|
to a 5/8-inch iron rod with cap stamped "T.E.A.M." set; |
|
|
4.) North 77° 20' 57" West - 288.00 feet to a 5/8-inch iron |
|
|
rod with cap stamped "T.E.A.M." set; |
|
|
5.) In a northwesterly direction with a curve to the right |
|
|
having a radius of 771.50 feet, a central angel of 21° 11' 00", a |
|
|
length of 285.24 feet, and a chord bearing North 66° 45' 27" West - |
|
|
283.62 feet to a 1- 1/4-inch iron pipe found; |
|
|
6.) North 56° 09' 57" West - 1,498.21 feet to a 1-1/4-inch |
|
|
iron pipe found; |
|
|
7.) In a northwesterly direction with a curve to the left |
|
|
having a radius of 816.50 feet, a central angel of 13° 11' 30", a |
|
|
length of 187.99 feet, and a chord bearing North 62° 35' 06" West - |
|
|
187.57 feet to a 1-1/4- inch iron pipe found; |
|
|
8.) North 69° 18' 32" West - 368.65 feet to a 1/2-inch iron |
|
|
pipe found; |
|
|
9.) North 72° 04' 49" West - 1,006.13 feet to a 5/8-inch iron |
|
|
rod with cap stamped "T.E.A.M." set to replace a disturbed |
|
|
1-1/4-inch iron pipe found for a southwest corner of this tract; |
|
|
THENCE, North 01° 00' 37" West - 417.97 feet with the east line |
|
|
of Gulf Coast Water Authority Pumping Station, as recorded in |
|
|
Volume 138, Page 170 and Volume 121, Page 301 of the Fort Bend |
|
|
County Deed Records to a 3/4-inch iron pipe found for an interior |
|
|
corner of this tract; |
|
|
THENCE, North 82° 42' 48" West -447.90 feet with the north |
|
|
line of said Gulf Coast Water Authority Pumping Station to a |
|
|
3/4-inch iron pipe found for an angle point of this tract; |
|
|
THENCE, North 78° 57' 13" West with the north line of said Gulf |
|
|
Coast Water Authority Pumping Station, at a distance of 485.02 feet |
|
|
pass a 5/8-inch iron rod with cap stamped "T.E.A.M." set and |
|
|
continuing for a total distance of 585.02 feet to a point for a west |
|
|
corner of this tract; |
|
|
THENCE, North 73° 20' 40" East -477.14 feet with the south |
|
|
line of a tract of land conveyed to Transcontinental Gas Pipeline |
|
|
Corporation, as recorded in Volume 272, Page 532 of the Fort Bend |
|
|
County Deed Records, at a distance of 100 feet pass a 5/8-inch iron |
|
|
rod with cap stamped "T.E.A.M." set and continuing for a total |
|
|
distance of 477.14 feet to a 1/2-inch iron pipe found for an |
|
|
interior corner of this tract; |
|
|
THENCE, North 16° 39' 20" West - 150.00 feet with the east line |
|
|
of said Transcontinental Gas Pipeline Corporation tract to a |
|
|
5/8-inch iron rod with cap stamped "T.E.A.M." set for an interior |
|
|
corner of this tract; from which a 1/2-inch iron pipe found bears |
|
|
North 75° 16' 06" East -7.39 feet; also from which a 3/4-inch iron |
|
|
pipe found bears North 75° 06' 23" West - 25.71 feet; |
|
|
THENCE, South 73° 20' 40" West with the north line of said |
|
|
Transcontinental Gas Pipeline Corporation tract, at a distance of |
|
|
443.79 feet pass a 5/8-inch iron rod with cap stamped "T.E.A.M." set |
|
|
and continuing for a total distance of 543.79 feet to a point in the |
|
|
lowest bank of the Brazos River at the mature vegetation growth for |
|
|
a southwest corner of this tract; |
|
|
THENCE, the following two courses and distances along the |
|
|
lowest bank of the Brazos River at the mature vegetation growth: |
|
|
1.) North 28° 02' 36" West -416.20 feet to a point; |
|
|
2.) North 22° 27' 03" West - 405.70 feet to a point in the |
|
|
centerline of Fulshear Creek; |
|
|
THENCE, with the centerline of said Fulshear Creek the |
|
|
following twenty four courses and distances: |
|
|
1.) North 05° 49' 46" East - 100.03 feet to a point; |
|
|
2.) North 10° 15' 10" East - 49.43 feet to a point; |
|
|
3.) North 01° 08' 50" West - 153.09 feet to a point; |
|
|
4.) North 17° 00' 01" West - 61.41 feet to a point; |
|
|
5.) North 26° 45' 17" West - 239.18 feet to a point; |
|
|
6.) North 01° 17' 17" East - 113.22 feet to a point; |
|
|
7.) North 24° 32' 42" East - 108.82 feet to a point; |
|
|
8.) North 37° 42' 16" East - 136.42 feet to a point; |
|
|
9.) North 56° 21' 03" East - 94.64 feet to a point; |
|
|
10.) North 75° 04' 37" East - 115.64 feet to a point; |
|
|
11.) North 58° 04' 04" East - 72.09 feet to a point; |
|
|
12.) North 16° 14' 40" East - 41.14 feet to a point; |
|
|
13.) North 06° 12' 56" West - 65.26 feet to a point; |
|
|
14.) North 19° 51' 43" West - 35.03 feet to a point; |
|
|
15.) North 29° 54' 57" West - 25.60 feet to a point; |
|
|
16.) North 17° 09' 05" West - 64.07 feet to a point; |
|
|
17.) North 07° 30' 33" West - 113.18 feet to a point; |
|
|
18.) North 20° 21' 38" West - 145.53 feet to a point; |
|
|
19.) North 23° 57' 03" West - 80.13 feet to a point; |
|
|
20.) North 30° 00' 50" West - 152.00 feet to a point; |
|
|
21.) North 19° 40' 07" West - 45.93 feet to a point; |
|
|
22.) North 02° 27' 59" East - 92.84 feet to a point; |
|
|
23.) North 05° 08' 30" West - 139.91 feet to a point; |
|
|
24.) North 15° 23' 49" East - 67.42 feet to a point for a |
|
|
northwest corner of this tract; |
|
|
THENCE, North 89° 40' 14" East, at a distance of 159.51 feet |
|
|
pass a car axle found and continuing for a total distance of 655.88 |
|
|
feet with the south line of a tract of land conveyed to Jeffrey |
|
|
Jacob Schaatt, as recorded in Fort Bend County Clerk's File |
|
|
No. 9440230 to a 5/8-inch iron rod with cap stamped "T.E.A.M." set |
|
|
for an angle point of this tract; |
|
|
THENCE, North 88° 58' 48" East - 633.16 feet with the south |
|
|
line of a 9.44 acre tract, as surveyed by Charlie Kalkomey, RPLS |
|
|
No. 1399, on October 16, 2003, to a flat iron bar found for an |
|
|
interior corner of this tract; |
|
|
THENCE, North 01° 31' 53" West - 451.97 feet with the east line |
|
|
of said 9.44 acre tract to a 5/8-inch iron rod with cap stamped |
|
|
"T.E.A.M." set for a northwest corner of this tract; from which a |
|
|
3/4-inch iron pipe found bears North 68° 23' 31" East - 1.21 feet; |
|
|
THENCE, North 68° 23' 31" East - 669.50 feet with the south |
|
|
line of a 38.27 acre tract conveyed to Dan J. Harrison, Jr., as |
|
|
recorded in Volume 512, Page 107 of the Fort Bend County Deed |
|
|
Records to a 3/4-inch iron pipe found for an angle point of this |
|
|
tract; |
|
|
THENCE, North 69° 32' 30" East - 155.02 feet with the south |
|
|
line of a 18.35 acre tract of land conveyed to Dan J. Harrison, Jr, |
|
|
as recorded in Volume 512, Page 110 of the Fort Bend County Deed |
|
|
Records and with the south line of a 2.83 acre tract of land |
|
|
conveyed to Harrison Interests, Ltd., as recorded in Fort Bend |
|
|
County Clerk's File No. 9669126 to a 3/4-inch iron pipe found for an |
|
|
angle point of this tract; |
|
|
THENCE, North 87° 47' 02" East - 378.33 feet with the south |
|
|
line of said Harrison Interests, Ltd. tract and with the south line |
|
|
of a 1.0 acre tract of land conveyed to Dan J. Harrison III, as |
|
|
recorded in Fort Bend County Clerk's File No. 2007136540 to a |
|
|
1-1/4-inch iron pipe found for a northeast corner of this tract; |
|
|
THENCE, South 01° 35' 13" East with the west line of a tract of |
|
|
land conveyed to Derrick B. Woods and Gloria Kelly, as recorded in |
|
|
Fort Bend County Clerk's File No. 2007013056, at a distance of |
|
|
750.90 feet pass a 3/4-inch iron pipe found and continuing for a |
|
|
total distance of 1,478.13 feet with the west line of a tract of |
|
|
land conveyed to Laura Monroe, as recorded in Fort Bend County |
|
|
Clerk's File No. 2002085617 to a 5/8-inch iron rod with cap stamped |
|
|
"T.E.A.M." set for an interior corner of this tract; |
|
|
THENCE, North 88° 15' 42" East with the south line of said |
|
|
Laura Monroe tract, at a distance of 654.48 feet pass a 5/8-inch |
|
|
iron rod with cap stamped "1943 4349" found and continuing for a |
|
|
total distance of 773.44 feet to a 5/8-inch iron rod with cap |
|
|
stamped "1943 4349" found for a northeast corner of this tract; from |
|
|
which a 1- 1/4-inch iron pipe found bears South 78° 16' 03" West - |
|
|
6.68 feet; |
|
|
THENCE, South 00° 48' 50" East - 905.14 feet with the west line |
|
|
of a tract of land conveyed to Kimberly J. Renshaw, Trustee, as |
|
|
recorded in Fort Bend County Clerk's File No. 2003116900 and as |
|
|
surveyed by C. Tim Griffith, RPLS No. 4349 on December 09, 2002, to |
|
|
a 5/8-inch iron rod with cap stamped "1048 4948" found for an |
|
|
interior corner of this tract; from which a 1-1/4-inch iron pipe |
|
|
found bears South 83° 55' 10" West - 15.65 feet; |
|
|
THENCE, North 88° 14' 41" East - 529.27 feet with the south |
|
|
line of said Kimberly J. Renshaw tract, as surveyed by said C. Tim |
|
|
Griffith to a 5/8-inch iron rod found for an interior corner of this |
|
|
tract; from which a 1- inch iron pipe found bears South 71° 00' 07" |
|
|
West - 9.87 feet; |
|
|
THENCE, North 00° 48' 32" West with the east line of said |
|
|
Kimberly J. Renshaw tract, as surveyed by said C. Tim Griffith, at a |
|
|
distance of 904.99 feet pass a 5/8-inch iron rod with cap stamped |
|
|
"Kaluza" found and continuing for a total distance of 1,631.92 feet |
|
|
to a 3/4-inch iron rod found for an angle point of this tract; |
|
|
THENCE, North 00° 23' 13" West - 525.84 feet with the east line |
|
|
of said Derrick B. Woods and Gloria Kelly tract to a 1-1/4-inch iron |
|
|
pipe found in the south right-of-way line of Red Bird Lane for a |
|
|
northwest corner of this tract; |
|
|
THENCE, North 83° 40' 55" East - 627.27 feet with the south |
|
|
right-of-way line of said Red Bird Lane to a 1-1/4-inch iron pipe |
|
|
found for an angle point of this tract; |
|
|
THENCE, North 80° 56' 53" East - 340.41 feet with the south |
|
|
right-of-way line of said Red Bird Lane to a 3/4-inch iron pipe |
|
|
found for an angle point of this tract; |
|
|
THENCE, North 69° 57' 23" East - 213.19 feet with the south |
|
|
right-of-way line of said Red Bird Lane to a 1-1/4-inch iron pipe |
|
|
found for an angle point of this tract; |
|
|
THENCE, North 88° 34' 50" East - 754.52 feet with the south |
|
|
right-of-way line of said Red Bird Lane to a 1-1/4-inch iron pipe |
|
|
found for a northeast corner of this tract; from which a 3/4-inch |
|
|
iron pipe found bears North 13° 42' 36" East - 28.03 feet |
|
|
THENCE, South 00° 49' 07" East - 152.65 feet to a point in |
|
|
Cottonwood Slough for an interior corner of this tract; |
|
|
THENCE, North 89° 11' 54" East - 516.40 feet to a 5/8-inch iron |
|
|
rod with cap stamped "T.E.A.M." set for a northeast corner of this |
|
|
tract; |
|
|
THENCE, South 01° 11' 18" East - 178.00 feet with the west line |
|
|
said Pleasant Hill Cemetery, as recorded in Fort Bend County |
|
|
Clerk's File No. 2002098914 to a point in Cottonwood Creek for an |
|
|
interior corner of this tract; |
|
|
THENCE, North 83° 23' 44" East - 489.40 feet with the south |
|
|
line of said Pleasant Hill Cemetery to a 1- 1/4-inch iron pipe found |
|
|
for a northeast corner of this tract; |
|
|
THENCE, South 00° 31' 15" East - 2,678.08 feet with the east |
|
|
line of said 635.1725 acre tract and with the west right-of-way line |
|
|
of Bois D'Arc Lane to a 1-1/4-inch iron pipe found for an angle |
|
|
point of this tract; |
|
|
THENCE, South 02° 20' 36" East feet with the east line of said |
|
|
635.1725 acre tract and with the west right-of-way line of said Bois |
|
|
D'Arc Lane, at a distance of 1,32.24 feet pass a 3/4-inch iron pipe |
|
|
found and continuing for a total distance of 1,702.81 feet to a |
|
|
TXDOT monument disk found for a southeast corner of this tract; |
|
|
THENCE, South 87° 26' 43" West - 37.53 feet with the north line |
|
|
of said County of Fort Bend tract to a TXDOT monument disk found for |
|
|
an interior corner of this tract; |
|
|
THENCE, South 02° 33' 17" East - 7.65 feet with the west line |
|
|
of said County of Fort Bend tract to the POINT OF BEGINNING and |
|
|
containing 636.76 acres |
|
|
SECTION 2.03. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 6. |
|
|
The Fulshear Municipal Utility District No. 6 initially includes |
|
|
all the territory contained in the following area: |
|
|
A FIELD NOTE DESCRIPTION of a 631.62 acre tract of land in the |
|
|
D. Randon & I. Pennington Survey, Abstract No. 75, and in the |
|
|
Churchill Fulshear Survey, Abstract No. 29, Fort Bend County, |
|
|
Texas; said 631.62 acre tract being all of called 200.013 acre tract |
|
|
of land conveyed to Highland Management, Inc., as recorded in |
|
|
Volume 1089, Page 165 of the Fort Bend County Deed Records, and |
|
|
being out of a called 514.321 acre tract of land conveyed to |
|
|
Highland Management, Inc., as recorded in Volume 801, Page 410 of |
|
|
the Fort Bend County Deed Records; said tract being more |
|
|
particularly described by metes-and-bounds as follows with the |
|
|
bearings being based on Texas State Plane Coordinate System, South |
|
|
Central Zone (NAD83) per GPS Observations using National Geodetic |
|
|
Survey Continuously Operating Reference Stations: |
|
|
BEGINNING at a fence post found for the northeast corner of |
|
|
said called 514.321 acre tract for a northeast corner of this tract; |
|
|
THENCE, South 01° 42' 53" East - 5,953.33 feet with the east |
|
|
line of said 514.321 acre tract to a point for a southeast corner of |
|
|
this tract; from which a 5/8-inch iron rod with cap stamped |
|
|
"T.E.A.M." set bears South 01° 42' 53" East - 1,411.13 feet; |
|
|
THENCE, South 89° 17' 07" West - 1,992.07 feet to a point in |
|
|
the lowest bank of the Brazos River at the mature vegetation growth |
|
|
for the southwest corner of this tract; |
|
|
THENCE, the following courses and distances along the lowest |
|
|
bank of the Brazos River at the mature vegetation growth: |
|
|
1. North 03° 11' 41" West - 430.76 feet; |
|
|
2. North 06° 04' 31" East - 26.26 feet; |
|
|
3. North 12° 54' 35" West - 565.76 feet; |
|
|
4. North 22° 25' 36" West - 644.88 feet; |
|
|
5. North 27° 40' 58" West - 307.69 feet; |
|
|
6. North 29° 38' 28" West - 437.35 feet; |
|
|
7. North 31° 48' 49" West - 627.73 feet; |
|
|
8. North 38° 31' 29" West - 562.58 feet; |
|
|
9. North 46° 01' 27" West - 449.81 feet; |
|
|
10. North 45° 15' 08" West - 697.67 feet; |
|
|
11. North 48° 07' 57" West - 497.49 feet; |
|
|
12. North 50° 57' 15" West - 593.34 feet; |
|
|
13. North 68° 49' 05" West - 424.90 feet; |
|
|
14. North 53° 29' 12" West - 562.34 feet; |
|
|
15. North 34° 16' 18" West - 808.37 feet; |
|
|
16. North 15° 44' 19" West - 467.54 feet to a point for a |
|
|
northwest corner of this tract; |
|
|
THENCE, North 87° 31' 50" East - 1,007.16 feet with the south |
|
|
line of a Gulf Coast Water Authority Pumping Station, as recorded in |
|
|
Volume 138, Page 170 and Volume 121, Page 301 of the Fort Bend |
|
|
County Deed Records to a 3/4-inch iron pipe found for an interior |
|
|
corner of this tract; |
|
|
THENCE, North 03° 56' 57" West - 625.49 feet with the east line |
|
|
of said Gulf Coast Water Authority Pumping Station and with the west |
|
|
line of said 200.013 acre tract to a 3/4-inch iron pipe found for an |
|
|
angle point of this tract; |
|
|
THENCE, North 05° 00' 40" West - 776.08 feet with the east line |
|
|
of said Gulf Coast Water Authority Pumping Station and with the west |
|
|
line of said 200.013 acre tract to a point in a 54-inch pecan tree |
|
|
for an angle point of this tract; |
|
|
THENCE, North 17° 29' 55" East - 43.79 feet with the east line |
|
|
of said Gulf Coast Water Authority Pumping Station and with the west |
|
|
line of said 200.013 acre tract to a fence post found for an angle |
|
|
point of this tract; |
|
|
THENCE, North 00° 21' 32" West - 46.08 feet with the east line |
|
|
of said Gulf Coast Water Authority Pumping Station and with the west |
|
|
line of said 200.013 acre tract to a 5/8-inch iron rod with cap |
|
|
stamped "T.E.A.M." set for a northwest corner of this tract; from |
|
|
which a 1/2-inch iron pipe found bears South 00° 21' 32" East - 7.66 |
|
|
feet; |
|
|
THENCE, the following ten courses and distances with a line |
|
|
parallel to and approximately 50 feet south of the centerline of an |
|
|
existing canal: |
|
|
1.) South 72° 04' 49" East - 894.48 feet to a 5/8-inch iron |
|
|
rod with cap stamped "T.E.A.M." set; |
|
|
2.) South 69° 18' 32" East - 362.30 feet to a 5/8-inch iron |
|
|
rod with cap stamped "T.E.A.M." set; |
|
|
3.) In a southeasterly direction with a curve to the right |
|
|
having a radius of 566.50 feet, a central angle of 13° 12' 05", a |
|
|
length of 130.53 feet and a chord bearing South 62° 33' 16" East - |
|
|
130.24 feet; |
|
|
4.) South 56° 09' 57" East - 1,498.63 feet to a 5/8-inch iron |
|
|
rod with cap stamped "T.E.A.M." set; |
|
|
5.) In a southeasterly direction with a curve to the left |
|
|
having a radius of 1,021.50 feet, a central angle of 21° 11' 00", a |
|
|
length of 377.67 feet and a chord bearing South 66° 45' 27" East - |
|
|
375.52 feet to a 5/8-inch iron rod with cap stamped "T.E.A.M." set; |
|
|
6.) South 77° 20' 57" East - 288.00 feet to a 5/8-inch iron |
|
|
rod with cap stamped "T.E.A.M." set; |
|
|
7.) In a northeasterly direction with a curve to the left |
|
|
having a radius of 766.80 feet, a central angle of 61° 38' 12", a |
|
|
length of 824.90 feet and a chord bearing North 71° 49' 58" East - |
|
|
785.69 feet to a 5/8-inch iron rod with cap stamped "T.E.A.M." set; |
|
|
8.) North 41° 01' 32" East - 1,644.40 feet to a 5/8-inch iron |
|
|
rod with cap stamped "T.E.A.M." set; |
|
|
9.) In an easterly direction with a curve to the right |
|
|
having a radius of 75.00 feet, a central angle of 106° 36' 38", a |
|
|
length of 139.55 feet and a chord bearing South 85° 40' 08" East - |
|
|
120.27 feet to a 5/8-inch iron rod with cap stamped "T.E.A.M." set; |
|
|
10.) South 32° 21' 49" East - 308.27 feet to a 5/8-inch iron |
|
|
rod with cap stamped "T.E.A.M." set for an angle point; |
|
|
THENCE, South 02° 33' 17" East - 213.19 feet with the west line |
|
|
of a tract of land conveyed to the County of Fort Bend, as recorded |
|
|
in Volume 2205, Page 1910 of the Fort Bend County Deed Records to a |
|
|
5/8-inch iron rod with cap stamped "T.E.A.M."'set for an interior |
|
|
corner of this tract; |
|
|
THENCE, North 87° 26' 43" East - 48.23 feet to a TXDOT disk |
|
|
found for a northeast corner of this tract; |
|
|
THENCE, South 04° 04' 05" East - 116.45 feet with the east line |
|
|
of said 200.013 acre tract and with the west right-of-way line |
|
|
Montgomery Road to a 5/8-inch iron rod with cap stamped "T.E.A.M." |
|
|
set for an angle point of this tract; |
|
|
THENCE, South 01° 12' 55" East - 1,244.75 feet with the east |
|
|
line of said 200.013 acre tract and with the west right-of-way line |
|
|
Montgomery Road to a fence post broken off at ground level found for |
|
|
the southeast corner of said 200.013 acre tract and for an interior |
|
|
corner of this tract; |
|
|
THENCE, North 88° 42' 45" East - 40.00 feet with the north line |
|
|
of said 514.321 acre tract to the POINT OF BEGINNING and containing |
|
|
631.62 acres of land. |
|
|
ARTICLE 3. LEGAL NOTICE, EMINENT DOMAIN, AND EFFECTIVE DATE |
|
|
SECTION 3.01. (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 3.02. (a) If this Act does not receive a two-thirds |
|
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
|
8494, Special District Local Laws Code, as added by Section 1.01 of |
|
|
this Act, is amended by adding Section 8494.106 to read as follows: |
|
|
Sec. 8494.106. NO EMINENT DOMAIN POWER. The district may |
|
|
not exercise the power of eminent domain. |
|
|
(b) This section is not intended to be an expression of a |
|
|
legislative interpretation of the requirements of Section 17(c), |
|
|
Article I, Texas Constitution. |
|
|
SECTION 3.03. (a) If this Act does not receive a two-thirds |
|
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
|
8495, Special District Local Laws Code, as added by Section 1.02 of |
|
|
this Act, is amended by adding Section 8495.107 to read as follows: |
|
|
Sec. 8495.107. NO EMINENT DOMAIN POWER. The district may |
|
|
not exercise the power of eminent domain. |
|
|
(b) This section is not intended to be an expression of a |
|
|
legislative interpretation of the requirements of Section 17(c), |
|
|
Article I, Texas Constitution. |
|
|
SECTION 3.04. (a) If this Act does not receive a two-thirds |
|
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
|
8496, Special District Local Laws Code, as added by Section 1.03 of |
|
|
this Act, is amended by adding Section 8496.107 to read as follows: |
|
|
Sec. 8496.107. NO EMINENT DOMAIN POWER. The district may |
|
|
not exercise the power of eminent domain. |
|
|
(b) This section is not intended to be an expression of a |
|
|
legislative interpretation of the requirements of Section 17(c), |
|
|
Article I, Texas Constitution. |
|
|
SECTION 3.05. This Act takes effect September 1, 2015. |