Bill Text: TX SB1910 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the creation of the Fulshear Municipal Utility District No. 3 and the Fort Bend County Municipal Utility District No. 184; providing authority to impose taxes and issue bonds; granting a limited power of eminent domain.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB1910 Detail]
Download: Texas-2013-SB1910-Enrolled.html
S.B. No. 1910 |
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relating to the creation of the Fulshear Municipal Utility District | ||
No. 3 and the Fort Bend County Municipal Utility District No. 184; | ||
providing authority to impose taxes and issue bonds; granting a | ||
limited 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 8487 to read as follows: | ||
CHAPTER 8487. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 3 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8487.001. 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. 3. | ||
Sec. 8487.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8487.003. 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. 8487.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 8487.003 | ||
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. 8487.005. 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. 8487.006. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 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. 8487.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8487.052, directors serve | ||
staggered four-year terms. | ||
Sec. 8487.052. TEMPORARY DIRECTORS. (a) On or after | ||
September 1, 2013, 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 8487.003; or | ||
(2) September 1, 2017. | ||
(c) If permanent directors have not been elected under | ||
Section 8487.003 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 8487.003; 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. 8487.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8487.102. 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. 8487.103. 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. 8487.104. 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. 8487.105. 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. | ||
Sec. 8487.106. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if: | ||
(1) the district has no outstanding bonded debt; and | ||
(2) the district is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) Any new district created by the division of the district | ||
may not, at the time the new district is created, contain any land | ||
outside the area described by Section 2 of the Act creating this | ||
chapter. | ||
(d) The board, on its own motion or on receipt of a petition | ||
signed by the owner or owners of a majority of the assessed value of | ||
the real property in the district, may adopt an order dividing the | ||
district. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
8487.151 to authorize the district's bonds. | ||
(f) An order dividing the district shall: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between or among the new districts. | ||
(g) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the commission and record the order in the real property | ||
records of each county in which the district is located. | ||
(h) Any new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 8487.003. | ||
(i) Any new district created by the division of the district | ||
must hold an election as required by this chapter to obtain voter | ||
approval before the district may impose a maintenance tax or issue | ||
bonds payable wholly or partly from ad valorem taxes. | ||
(j) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8487.151. 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 8487.153. | ||
(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. 8487.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8487.151, 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. 8487.153. 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. 8487.201. 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. 8487.202. 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. 8487.203. 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 2. The Fulshear Municipal Utility District No. 3 | ||
initially includes all the territory contained in the following | ||
area: | ||
FIELD NOTES FOR A 1,354.459 ACRE TRACT OF LAND IN THE H. & T. C. | ||
RAILROAD COMPANY SURVEY SECTION 75, ABSTRACT 155, AND THE H. & T. C. | ||
RAILROAD COMPANY SURVEY SECTION 105, ABSTRACT 416, WALLER COUNTY | ||
TEXAS, AND THE H. & T. C. RAILROAD COMPANY SURVEY SECTION 75, | ||
ABSTRACT 732, THE H. & T. C. RAILROAD COMPANY SURVEY SECTION 105, | ||
ABSTRACT 261, THE J. G. BENNETT SURVEY, ABSTRACT 611, AND THE J. D. | ||
VERMILLION SURVEY, ABSTRACT 339, FORT BEND COUNTY, TEXAS, SAID | ||
1,354.459 ACRE TRACT BEING OUT OF THE ESTATE OF BESSIE MAE JORDAN AS | ||
RECORDED UNDER COUNTY CLERK'S FILE NUMBER 2000015121, OFFICIAL | ||
PUBLIC RECORDS, FORT BEND COUNTY, TEXAS, AND IN VOLUME 0648, PAGE | ||
384, OFFICIAL RECORDS, WALLER COUNTY, TEXAS, SAID 1,354.459 ACRE | ||
TRACT ALSO BEING COMPRISED OF THAT CERTAIN CALLED 200 ACRE TRACT | ||
DESCRIBED IN DEED RECORDED IN VOLUME 252, PAGE 465, DEED RECORDS, | ||
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 110 ACRE TRACT | ||
DESCRIBED IN DEED RECORDED IN VOLUME 252, PAGE 465, DEED RECORDS, | ||
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 137-1/2 ACRE TRACT | ||
DESCRIBED IN DEED RECORDED IN VOLUME 208, PAGE 635, DEED RECORDS, | ||
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 160 ACRE TRACT | ||
DESCRIBED IN DEED RECORDED IN VOLUME 208, PAGE 633, DEED RECORDS, | ||
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 200 ACRE TRACT | ||
DESCRIBED IN DEED RECORDED IN VOLUME 251, PAGE 551, DEED RECORDS, | ||
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 75.856 ACRE TRACT | ||
DESCRIBED IN DEED RECORDED IN VOLUME 416, PAGE 572, DEED RECORDS, | ||
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 10 ACRE TRACT | ||
DESCRIBED IN DEED RECORDED IN VOLUME 281, PAGE 207, DEED RECORDS, | ||
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 2.0 ACRE TRACT | ||
DESCRIBED IN DEED RECORDED IN VOLUME 523, PAGE 545, DEED RECORDS, | ||
FORT BEND COUNTY, TEXAS, THE RESIDUE OF THAT CERTAIN CALLED 40 ACRE | ||
TRACT DESCRIBED IN DEED RECORDED IN VOLUME 70, PAGE 68, DEED | ||
RECORDS, FORT BEND COUNTY, TEXAS, AND THE RESIDUE OF THE H. & T. C. | ||
RAILROAD COMPANY SURVEY SECTION 75, ABSTRACT 155, WALLER COUNTY | ||
TEXAS, AND ABSTRACT 732, FORT BEND COUNTY, TEXAS, WITH ALL BEARINGS | ||
BEING GRID AND COORDINATES BEING TEXAS STATE PLANE, SOUTH CENTRAL | ||
ZONE, NAD83, BASED UPON GPS OBSERVATIONS OF N.G.S. TRIANGULATION | ||
STATION "BROOKSHIRE", SCALE FACTOR USED = 0.99988896. | ||
COMMENCING at a 1/2 inch iron pipe with cap marked "Kalkomey | ||
Surveying" found on the common line of the H. & T. C. Railroad | ||
Company Survey Section 75, Abstract 155, Waller County, Texas, and | ||
Abstract 732, Fort Bend County, Texas, and the adjoining H. & T. C. | ||
Railroad Company Survey Section 76, Abstract 322, Waller County, | ||
Texas, and Abstract 764, Fort Bend County, Texas, at its | ||
intersection with the east right-of-way line of Woods Road (80-feet | ||
wide), said point being the southwest corner of an adjoining called | ||
280.3406 acre tract described in deed recorded in Volume 0817, Page | ||
027, Official Records, Waller County, Texas, and being in the north | ||
line of Jordan Road (70-foot wide private road), said point having | ||
coordinates of X = 2,945,451.66, Y = 13,835,816.55; | ||
THENCE North 88 degrees 02 minutes 42 seconds East (adjoiner called | ||
North 88 degrees 02 minutes 42 seconds East) along the common line | ||
of the H. & T. C. Railroad Company Survey Section 75, and said | ||
adjoining H. & T. C. Railroad Company Survey Section 76, at 270.00 | ||
feet pass a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" | ||
set on said line for the northwest corner of an adjoining 15.396 | ||
acre tract surveyed by the undersigned this date, and continuing | ||
for a total distance of 1,000.45 feet to a 1/2 inch iron pipe with | ||
cap marked "Kalkomey Surveying" set on said line for a northwest | ||
corner and Place of Beginning of the herein described 1,354.459 | ||
acre tract, same being the northeast corner of said adjoining | ||
15.396 acre tract; | ||
THENCE North 88 degrees 02 minutes 42 seconds East (adjoiner called | ||
North 88 degrees 02 minutes 42 seconds East) continuing along said | ||
common line, being the north line of the residue of said called 40 | ||
acre tract and the north line of said residue of the H. & T. C. | ||
Railroad Company Survey Section 75, same being the south line of | ||
said adjoining called 280.3406 acre tract, 5,016.89 feet to a 3/4 | ||
inch iron pipe found for reentry corner to the herein described | ||
tract, said point being the northeast corner of said residue of the | ||
H. & T. C. Railroad Company Survey Section 75, same being the | ||
southeast corner of the H. & T. C. Railroad Company Survey Section | ||
76, and the southeast corner of said adjoining called 280.3406 acre | ||
tract, and being in the west line of the H. & T. C. Railroad Company | ||
Survey Section 105, Abstract 416, Waller County, Texas, and | ||
Abstract 261, Fort Bend County, Texas, same being the west line of | ||
said called 200 acre tract recorded in Volume 252, Page 465, Deed | ||
Records, Fort Bend County, Texas; | ||
THENCE North 01 degree 54 minutes 20 seconds West (adjoiner called | ||
North 01 degree 54 minutes 20 seconds West) along the common line of | ||
the H. & T. C. Railroad Company Survey Section 105, and the H. & T. | ||
C. Railroad Company Survey Section 76, same being the common line of | ||
the herein described tract and said adjoining called 280.3406 acre | ||
tract, 1,520.90 feet to a 1/2 inch iron pipe with cap marked | ||
"Kalkomey Surveying" set for the upper northwest corner of the | ||
herein described tract, the northwest corner of said called 200 | ||
acre tract, and the northwest corner of the H. & T. C. Railroad | ||
Company Survey Section 105, same being the southwest corner of the | ||
adjoining J. G. Bennett Survey, Abstract 292, Waller County, Texas, | ||
and Abstract 568, Fort Bend County, Texas, and the southwest corner | ||
of an adjoining called 261.701 acre tract described in deed | ||
recorded in Volume 0808, Page 067, Official Records, Waller County, | ||
Texas; | ||
THENCE North 87 degrees 37 minutes 00 seconds East (called East, | ||
adjoiner called North 87 degrees 37 minutes 00 seconds East) along | ||
the common line of the H. & T. C. Railroad Company Survey Section | ||
105, and the J. G. Bennett Survey, same being the common line of the | ||
herein described tract and said adjoining called 261.701 acre | ||
tract, 2,705.78 feet (called 950 varas, 2,638.89 feet, adjoiner | ||
called 2,705.78 feet) to a 1/2 inch iron pipe with cap marked | ||
"Kalkomey Surveying" found on said line for angle point, said point | ||
being the northeast corner of the H. & T. C. Railroad Company Survey | ||
Section 105, same being the northwest corner of the J. G. Bennett | ||
Survey, Abstract 611, Fort Bend County, Texas, said point also | ||
being the northeast corner of said called 200 acre tract recorded in | ||
Volume 252, Page 465, Deed Records, Fort Bend County, Texas, same | ||
being the northwest corner of said called 160 acre tract recorded in | ||
Volume 200 date, Page 635, Deed Records, Fort Bend County, Texas; | ||
THENCE North 87 degrees 31 minutes 40 seconds East (called North 89 | ||
degrees 40 minutes East, adjoiner called North 87 degrees 31 | ||
minutes 44 seconds East) along the common line of the J. G. Bennett | ||
Survey, Abstract 611, and the J. G. Bennett Survey, Abstract 568, | ||
same being the common line of the herein described tract and said | ||
adjoining called 261.701 acre tract, 2,597.32 feet (called 2,640 | ||
feet, adjoiner called 2,597.32 feet) to a 12-inch square concrete | ||
post found on said line for angle point, being the northeast corner | ||
of said called 160 acre tract (Volume 208, Page 635, Deed Records, | ||
Fort Bend County, Texas), the southeast corner of said adjoining | ||
called 261.701 acre tract, the southwest corner of an adjoining | ||
called 316 acre tract described in deed recorded in Volume 0553, | ||
Page 088, Official Records, Waller County, Texas, and the northwest | ||
corner of said called 75.856 acre tract recorded in Volume 416, Page | ||
572, Deed Records, Fort Bend County, Texas, said point also being | ||
the northeast corner of the J. G. Bennett Survey, Abstract 611, the | ||
southeast corner of the J. G. Bennett Survey, Abstract 568, the | ||
southwest corner of the Jesse Thompson Survey, Abstract 292 and the | ||
northwest corner of the J. D. Vermillion Survey, Abstract 339; | ||
THENCE North 87 degrees 49 minutes 24 seconds East (adjoiner called | ||
East) along the common line of the J. D. Vermillion Survey, Abstract | ||
339, and the Jesse Thompson Survey, Abstract 292, same being the | ||
common line of the herein described tract and said adjoining called | ||
316 acre tract, 1,888.76 feet (called 1,910.87 feet) to a 5/8 inch | ||
iron rod with cap marked "Cotton Surveying" inside a 1-inch iron | ||
pipe found for the upper northeast corner of the herein described | ||
tract and the northeast corner of said called 75.856 acre tract, | ||
same being the northwest corner of an adjoining called 430.083 acre | ||
tract described in deed recorded in Volume 2185, Page 899, Official | ||
Records, Fort Bend County, Texas; | ||
THENCE South 02 degrees 10 minutes 37 seconds East (called South, | ||
adjoiner called South 00 degrees 08 minutes 16 seconds East) along | ||
the common line of the herein described tract and said adjoining | ||
called 430.083 acre tract, 2,024.61 feet (called 2,002.77 feet, | ||
adjoiner called 2,024.13 feet) to a 1-inch iron pipe found for | ||
reentry corner to the herein described tract, same being the upper | ||
southwest corner of said adjoining called 430.083 acre tract, said | ||
point also being the southeast corner of said called 75.856 acre | ||
tract, and being in the north line of said called 200 acre tract | ||
recorded in Volume 251, Page 551, Deed Records, Fort Bend County, | ||
Texas; | ||
THENCE North 87 degrees 53 minutes 34 seconds East (called East, | ||
adjoiner called North 89 degrees 55 minutes 56 seconds East) | ||
continuing along said common line, being the north line of said | ||
called 200 acre tract, 894.07 feet (adjoiner called 894.11 feet) to | ||
a 3/4 inch iron pipe found for the lower northeast corner of the | ||
herein described tract and the northeast corner of said called 200 | ||
acre tract, same being a reentry corner to said adjoining called | ||
430.083 acre tract; | ||
THENCE South 01 degree 56 minutes 47 seconds East (called South, | ||
adjoiner called South 00 degrees 02 minutes 54 seconds West) | ||
continuing along said common line, 3,119.21 feet (called 3,122.2 | ||
feet, adjoiner called 3,120.16 feet) to a 1-inch iron pipe found for | ||
the most easterly southeast corner of the herein described tract | ||
and the southeast corner of said called 200 acre tract, same being | ||
the lower southwest corner of said adjoining called 430.083 acre | ||
tract, and being in the north line of an adjoining called 685.9742 | ||
acre tract described in deed recorded under County Clerk's File | ||
Number 2004061394, Official Public Records, Fort Bend County, | ||
Texas; | ||
THENCE South 87 degrees 51 minutes 51 seconds West (called West, | ||
adjoiner called South 89 degrees 51 minutes 39 seconds West) along | ||
the common line of the herein described tract and said adjoining | ||
called 685.9742 acre tract, 2,792.12 feet (called 2,794.44 feet, | ||
adjoiner called 2,793.03 feet) to a 1-1/4 inch iron pipe found for | ||
the most easterly southwest corner of the herein described tract | ||
and the southwest corner of said called 200 acre tract, same being | ||
the northwest corner of said adjoining called 685.9742 acre tract, | ||
and being in the east line of an adjoining called 473.246 acre tract | ||
described in deed recorded in Volume 528, Page 132, Deed Records, | ||
Fort Bend County, Texas, said point also being in the west line of | ||
the J. D. Vermillion Survey, Abstract 339, same being the east line | ||
of the J. G. Bennett Survey, Abstract 611; | ||
THENCE North 01 degree 56 minutes 18 seconds West (called North, | ||
adjoiner called North 00 degrees 31 minutes 25 seconds West) along | ||
common line of the J. D. Vermillion Survey, Abstract 339, and the J. | ||
G. Bennett Survey, Abstract 611, same being the common line of the | ||
herein described tract and said adjoining called 473.246 acre | ||
tract, 2,445.26 feet (adjoiner called 2,445.70 feet) to a 1/2 inch | ||
iron pipe with cap marked "Kalkomey Surveying" set at a 1-1/4 inch | ||
iron pipe found disturbed for a reentry corner to the herein | ||
described tract, same being the northeast corner of said adjoining | ||
called 473.2466 tract, said point also being the southeast corner | ||
of said called 160 acre tract, and being in the west line of said | ||
called 200 acre tract (Volume 251, Page 551, Deed Records, Fort Bend | ||
County, Texas); | ||
THENCE South 87 degrees 14 minutes 39 seconds West (called South 89 | ||
degrees 40 minutes West, adjoiner called South 88 degrees 40 | ||
minutes 50 seconds West) along the common line of the herein | ||
described tract and said adjoining called 473.246 acre tract, | ||
2,533.40 feet (called 2,640 feet, adjoiner called 2,533.40 feet) to | ||
a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" set for | ||
reentry corner to the herein described tract, same being the | ||
northwest corner of said adjoining called 473.246 acre tract, said | ||
point being the southwest corner of said called 160 acre tract, and | ||
being in the east line of said called 200 acre tract recorded in | ||
Volume 252, Page 465, Deed Records, Fort Bend County, Texas, said | ||
point also being in the west line of the J. G. Bennett Survey, | ||
Abstract 611, and the H. & T. C. Railroad Company Survey Section | ||
105; | ||
THENCE South 01 degree 54 minutes 43 seconds East (called South, | ||
adjoiner called South 00 degrees 57 minutes 52 seconds East) along | ||
the common line of the herein described tract and said adjoining | ||
called 473.246 acre tract, same being the common line of the J. G. | ||
Bennett Survey, Abstract 611, and the H. & T. C. Railroad Company | ||
Survey Section 105, Abstract 261, same being the east line of said | ||
called 200 acre tract (Volume 252, Page 465, Deed Records, Fort Bend | ||
County, Texas), and the east line of said called 110 acre tract, | ||
2,397.64 feet (adjoiner called 2,398.52 feet) to a 1-1/4 inch iron | ||
pipe found on said line for angle point, said point being the | ||
southeast corner of said called 110 acre tract, same being the | ||
northeast corner of said called 137-1/2 acre tract; | ||
THENCE South 01 degree 12 minutes 21 seconds East (called South, | ||
adjoiner called South 00 degrees 18 minutes 20 seconds West) | ||
continuing along the common line of the herein described tract and | ||
said adjoining called 473.246 acre tract, same being the common | ||
line of the J. G. Bennett Survey, Abstract 611, and the H. & T. C. | ||
Railroad Company Survey Section 105, and along the east line of said | ||
called 137-1/2 acre tract, 2,565.81 feet (called 817 varas, | ||
2,269.44 feet, adjoiner called 2,766.96 feet) to a 3/4 inch iron | ||
pipe found for the occupied lower southeast corner of the herein | ||
described tract and the occupied southeast corner of said called | ||
137-1/2 acre tract, same being the occupied northeast corner of an | ||
adjoining called 192.50 acre tract described in deed recorded in | ||
Volume 661, Page 696, Deed Records, Fort Bend County, Texas, said | ||
point having coordinates of X = 2,954,406.59, Y = 13,829,987.63; | ||
THENCE North 86 degrees 18 minutes 38 seconds West (called West) | ||
along the occupied common line of the herein described tract and | ||
said adjoining called 192.50 acre tract, same being the occupied | ||
south line of said called 137-1/2 acre tract, 2,736.49 feet (called | ||
950 varas, 2,638.89 feet) to a 1/2 inch iron pipe with cap marked | ||
"Kalkomey Surveying" set for the occupied lower southwest corner of | ||
the herein described tract and the occupied southwest corner of | ||
said called 137-1/2 acre tract, same being the occupied northwest | ||
corner of said adjoining called 192.50 acre tract, said point also | ||
being in the east line of an adjoining called 1,316.47 acre tract | ||
described in deed recorded in Volume 671, Page 310, Deed Records, | ||
Fort Bend County, Texas, same being the common line of the H. & T. C. | ||
Railroad Company Survey Section 105, Abstract 261, and the Micajah | ||
Autrey Survey, Abstract 100, Fort Bend County, Texas; | ||
THENCE North 01 degree 59 minutes 02 seconds West (called North) | ||
along the lower west line of the herein described tract, being the | ||
west line of the H. & T. C. Railroad Company Survey Section 105, the | ||
west line of said called 137-1/2 acre tract, and the west line of | ||
said called 110 acre tract, same being the east line of said | ||
adjoining called 1,316.47 acre tract, the east line of the Micajah | ||
Autrey Survey, Abstract 100, and the east line of the H. & T. C. | ||
Railroad Company Survey Section 75, Abstract 732, Fort Bend County, | ||
Texas, 2,434.00 feet to a 2-inch iron pipe found for reentry corner | ||
to the herein described tract, same being the northeast corner of | ||
said adjoining called 1,316.47 acre tract, and the southeast corner | ||
of the aforementioned residue of the H. & T. C. Railroad Company | ||
Survey Section 75, said point being in the west line of said called | ||
110 acre tract, same being the common line of the H. & T. C. Railroad | ||
Company Survey Section 105, Abstract 261, and the H. & T. C. | ||
Railroad Company Survey Section 75, Abstract 732, Fort Bend County, | ||
Texas; | ||
THENCE South 87 degrees 38 minutes 20 seconds West (adjoiner called | ||
South 89 degrees 12 minutes 37 seconds West) along the common line | ||
of the herein described tract and said adjoining called 1,316.47 | ||
acre tract, 4,988.30 feet to a 1/2 inch iron pipe with cap marked | ||
"Kalkomey Surveying" set on said line for corner, said point being | ||
the southeast corner of an adjoining 10.00 acre tract surveyed by | ||
the undersigned this date; | ||
THENCE North 02 degrees 36 minutes 12 seconds West along the common | ||
line of the herein described tract and said adjoining 10.00 acre | ||
tract, 435.60 feet to a 1/2 inch iron pipe with cap marked "Kalkomey | ||
Surveying" set for reentry corner to the herein described tract, | ||
same being the northeast corner of said adjoining 10.00 acre tract; | ||
THENCE South 87 degrees 38 minutes 20 seconds West continuing along | ||
said common line, 1,000.00 feet to a 1/2 inch iron pipe with cap | ||
marked "Kalkomey Surveying" set for the most westerly southwest | ||
corner of the herein described tract, same being the northwest | ||
corner of said adjoining 10.00 acre tract, and being in the east | ||
right-of-way line of Woods Road; | ||
THENCE North 02 degrees 36 minutes 12 seconds West along the most | ||
westerly west line of the herein described tract, same being the | ||
east right-of-way line of Woods Road, 1,146.34 feet to a 1/2 inch | ||
iron pipe found for corner of the herein described tract, being the | ||
southwest corner of an adjoining called 1.0 acre tract described in | ||
deed recorded in Volume 0676, Page 580, Official Records, Waller | ||
County, Texas, and County Clerk's File Number 2000050964, Official | ||
Public Records, Fort Bend County, Texas; | ||
THENCE North 87 degrees 22 minutes 09 seconds East along the common | ||
line of the herein described tract and said adjoining called 1.0 | ||
acre tract, at 211.82 feet pass a 1/2 inch iron pipe found on said | ||
line for the southeast corner of said adjoining called 1.0 acre | ||
tract, same being the southwest corner of an adjoining called 4.00 | ||
acre tract described in deed recorded in Volume 0651, Page 148, | ||
Official Records, Waller County, Texas, and County Clerk's File | ||
Number 2000050963, Official Public Records, Fort Bend County, | ||
Texas, and continuing for a total distance of 461.91 feet to a 1/2 | ||
inch iron pipe with cap marked "Kalkomey Surveying" found for | ||
reentry corner to the herein described tract, same being the | ||
southeast corner of said adjoining called 4.00 acre tract; | ||
THENCE North 02 degrees 36 minutes 57 seconds West along the common | ||
line the herein described tract and said adjoining called 4.00 acre | ||
tract, at 696.74 feet pass a 1/2 inch iron pipe with cap marked | ||
"Kalkomey Surveying" found on said line for the northeast corner of | ||
said adjoining called 4.00 acre tract, same being the southeast | ||
corner of an adjoining 3.922 acre tract surveyed by the undersigned | ||
this date, and continuing for a total distance of 853.82 feet to a | ||
1/2 inch iron pipe with cap marked "Kalkomey Surveying" set for a | ||
northwest corner of the herein described tract, same being the | ||
lower southwest corner of the aforementioned adjoining 15.396 acre | ||
tract surveyed by the undersigned this date, and being in the east | ||
line of said adjoining 3.922 acre tract; | ||
THENCE North 88 degrees 02 minutes 42 seconds East along the common | ||
line of the herein described tract and said adjoining 15.396 acre | ||
tract, 540.44 feet to a 1/2 inch iron pipe with cap marked "Kalkomey | ||
Surveying" set for reentry corner to the herein described tract, | ||
same being the southeast corner of said adjoining 15.396 acre | ||
tract; | ||
THENCE North 02 degrees 42 minutes 01 second West continuing along | ||
said common line, at 960.06 feet pass a 1/2 inch iron pipe with cap | ||
marked "Kalkomey Surveying" set on said line at its intersection | ||
with the south margin of Jordan Road, and continuing for a total | ||
distance of 1,030.06 feet to the Place of Beginning and containing | ||
1,354.459 acres of land, more or less. | ||
SECTION 3. Subtitle F, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 8446 to read as follows: | ||
CHAPTER 8446. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 184 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8446.001. 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 Fort Bend County Municipal | ||
Utility District No. 184. | ||
Sec. 8446.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8446.003. 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. 8446.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 8446.003 | ||
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. 8446.005. 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. 8446.006. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 4 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 4 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. 8446.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8446.052, directors serve | ||
staggered four-year terms. | ||
Sec. 8446.052. TEMPORARY DIRECTORS. (a) On or after the | ||
effective date of the Act enacting this chapter, 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 8446.003; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 8446.003 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 8446.003; 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. 8446.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8446.102. 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. 8446.103. 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. 8446.104. 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, zoning and | ||
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. 8446.105. 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. 8446.151. 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 8446.153. | ||
(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. 8446.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8446.151, 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. 8446.153. 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. 8446.201. 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. 8446.202. 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. 8446.203. 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 4. The Fort Bend County Municipal Utility District | ||
No. 184 initially includes all the territory contained in the | ||
following area: | ||
506.74 acres of land situated in the Wiley Martin Survey, | ||
Abstract 56, and the E.P. Everett Survey, Abstract 387, Fort Bend | ||
County, Texas, being that certain called 376.1612 acre tract of | ||
land as described in deed and recorded in Volume 1934, Page 712 of | ||
the Deed Records of Fort Bend County, Texas and being that certain | ||
called 130.5756 acre tract of land as described in deed and recorded | ||
in the Official Public Records of Real Property of Fort Bend County, | ||
Texas under County Clerk's File Number 1999107785, said 506.74 | ||
acres of land being more particularly described by metes and bounds | ||
as follows, bearing orientation is based on the Texas Coordinate | ||
System of 1983, South Central Zone: | ||
BEGINNING at a 1/2 inch iron rod found at the intersection of | ||
the centerline of Myers Road (based on a width of 60.00 feet) with | ||
the northwesterly right-of-way line of Berdette Road (based on a | ||
width of 60.00 feet); | ||
Thence, S 21°34'18" W, with the northwesterly right-of-way | ||
line of Berdette Road, a distance of 3266.25 feet to a 3/4 inch iron | ||
rod with cap set in the northeasterly line of that certain called | ||
607.75 acre tract of land as described in deed and recorded in | ||
Volume 64, Page 109 of the Deed Records of Fort Bend County, Texas, | ||
being in the northeasterly line of the Henry Wilcox Survey, | ||
Abstract 342; | ||
Thence, N 67°27'46" W, with the northeasterly line of said | ||
called 607.75 acre tract and the common line of the Wiley Martin and | ||
Henry Wilcox Surveys, a distance of 5698.02 feet to an angle point, | ||
from which a found T Rail bears N 08°28' W, a distance of 0.35 feet; | ||
Thence, N 67°36'40" W, a distance of 547.46 feet to a 3/4 inch | ||
iron rod with cap set for corner; | ||
Thence, S 42°08'14" W, a distance of 2046.63 feet to a 3/4 inch | ||
iron rod with cap set in the northeasterly line of Rice Field Road; | ||
Thence, N 47°59'25" W, with the northeasterly line of Rice | ||
Field Road, a distance of 344.35 feel to a T Rail found for corner; | ||
Thence, N 42°05'03" E, a distance of 1924.14 feet to an angle | ||
point, from which a found 2 inch iron pipe (bent) bears N 79°02' W, a | ||
distance of 2.69 feet; | ||
Thence, N 22°20'28" E, at a distance of 3195.31 feet pass a 1/2 | ||
inch iron pipe found in the southwesterly right-of-way line of | ||
Myers Road, continuing a total distance of 3225.31 feet to a point | ||
for corner; | ||
Thence, S 67°49'42" E, with the centerline of Myers Road, a | ||
distance of 6569.03 feet to the POINT OF BEGINNING and containing | ||
506.74 acres of land. | ||
SECTION 5. (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 6. (a) If this Act does not receive a two-thirds | ||
vote of all the members elected to each house, Subchapter C, Chapter | ||
8487, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8487.107 to read as follows: | ||
Sec. 8487.107. 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 Subsection (c), | ||
Section 17, Article I, Texas Constitution. | ||
SECTION 7. (a) If this Act does not receive a two-thirds | ||
vote of all the members elected to each house, Subchapter C, Chapter | ||
8446, Special District Local Laws Code, as added by this Act, is | ||
amended by adding Section 8446.106 to read as follows: | ||
Sec. 8446.106. 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 Subsection (c), | ||
Section 17, Article I, Texas Constitution. | ||
SECTION 8. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1910 passed the Senate on | ||
May 7, 2013, by the following vote: Yeas 29, Nays 0; and that the | ||
Senate concurred in House amendment on May 25, 2013, by the | ||
following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1910 passed the House, with | ||
amendment, on May 22, 2013, by the following vote: Yeas 147, | ||
Nays 1, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |