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H.B. No. 3476
AN ACT
relating to the creation of the Fort Bend County Municipal Utility
District No. 177; providing authority to impose a tax and issue
bonds; granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8122 to read as follows:
CHAPTER 8122. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT
NO. 177
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8122.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Fort Bend County Municipal
Utility District No. 177.
Sec. 8122.002. NATURE OF DISTRICT. The district is a
municipal utility district in Fort Bend County created under and
essential to accomplish the purposes of Section 52, Article III,
and Section 59, Article XVI, Texas Constitution.
Sec. 8122.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8122.023 before September 1, 2007:
(1) the district is dissolved September 1, 2007,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Fort Bend County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2010.
Sec. 8122.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes;
(3) the validity of the district's bonds, notes, or
indebtedness; or
(4) the legality or operation of the district or the
board.
Sec. 8122.005. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapters 49 and 54, Water Code,
apply to the district.
[Sections 8122.006-8122.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8122.021. TEMPORARY DIRECTORS. (a) On or after
September 1, 2005, a person who owns land inside the boundaries of
the district may petition the Texas Commission on Environmental
Quality to appoint as temporary directors the five persons listed
in the petition.
(b) The commission shall appoint as temporary directors the
persons listed in a petition received by the commission under
Subsection (a). If the commission receives more than one petition,
the commission shall appoint the directors listed in the first
petition the commission receives.
(c) If a temporary director fails to qualify for office, the
commission shall appoint a person to fill the vacancy.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
8122.023; or
(2) the date this chapter expires under Section
8122.003.
Sec. 8122.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, the
temporary directors shall meet at a location in the district
agreeable to a majority of the directors. If a location cannot be
agreed upon, the meeting shall be at the Fort Bend County
Courthouse. At the meeting, the temporary directors shall elect
officers from among the temporary directors and conduct any other
district business.
Sec. 8122.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. The temporary directors shall hold an election to
confirm the creation of the district and to elect five directors as
provided by Section 49.102, Water Code.
Sec. 8122.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8122.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8122.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8122.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8122.026-8122.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8122.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8122.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8122.053-8122.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8122.101. GENERAL POWERS. The district has all of the
rights, powers, privileges, authority, functions, 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. 8122.102. ROAD PROJECTS. The district may construct,
acquire, improve, maintain, or operate macadamized, graveled, or
paved roads or turnpikes, or improvements in aid of those roads or
turnpikes, inside or outside the district.
Sec. 8122.103. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
54.016, Water Code, the district shall comply with all applicable
requirements of any ordinance or resolution adopted by the city
council of the City of Rosenberg, including an ordinance or
resolution adopted before September 1, 2005, that consents to the
creation of the district or to the inclusion of lands within the
district.
[Sections 8122.104-8122.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8122.151. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of or interest on bonds issued under
Section 8122.201.
Sec. 8122.152. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services.
[Sections 8122.153-8122.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8122.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) The district may issue bonds or other obligations
as provided by Chapters 49 and 54, Water Code, to finance the
construction, maintenance, or operation of projects under Sections
8122.101 and 8122.102.
(b) The district may not issue bonds to finance projects
authorized by Section 8122.102 unless the issuance is approved by a
vote of a two-thirds majority of the voters of the district voting
at an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8122.102 may not exceed one-fourth
of the assessed value of the real property in the district.
(d) Sections 49.181 and 49.182, Water Code, do not apply to
a project undertaken by the district under Section 8122.102 or to
bonds issued by the district to finance the project.
SECTION 2. The Fort Bend County Municipal Utility District
No. 177 initially includes all the territory contained in the
following area:
TRACT 1:
Field notes for a 100.5080 acre tract of land in the R. H.
Earnest Survey, Abstract 389, Fort Bend County, Texas, being that
same tract of land described in Deed recorded in Volume 129, Page
126, Deed Records, Fort Bend County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at a ½ inch iron pipe set at the NORTH corner of the
R. H. Earnest Survey, said point being located in a right angle turn
of Koebelen Road and in the SOUTHEAST line of the B.B.B. & C.RR.
Company Survey Section 11, said point also being the WEST corner of
the B.B.B. & C.R.R. Company Survey Section 9, Abstract 129, for the
NORTH corner and PLACE OF BEGINNING of the herein described
100.5080 acre tract of land;
THENCE SOUTH 45 degrees 00 minutes EAST along the NORTHEAST
line Of The R. H. Earnest Survey as located in Koebelen Road,
1524.25 feet to a ½ inch iron pipe found on said line for the EAST
corner of the herein described 100.5080 acre tract;
THENCE SOUTH 45 degrees 13 minutes 10 seconds WEST, at 30 feet
pass a 1-1/4 inch iron pipe found on the SOUTHWEST line of Koebelen
Road and continuing for a total distance of 2876.08 feet to a 1-1/4
inch iron pipe found for the SOUTH corner of the herein described
100.5080 acre tract;
THENCE NORTH 44 degrees 48 minutes 38 seconds WEST along a
fence line as located on the SOUTHWEST line of the herein described
100.5080 acre tract, 1522.95 feet to a 1 inch iron pipe found on
said line for the WEST corner of the herein described 100.5080 acre
tract, said point being the NORTHWEST line of the R. H. Earnest
Survey;
THENCE NORTH 45 degrees 11 minutes 37 seconds EAST along the
NORTHWEST line of the R. H. Earnest Survey, 2210.59 feet to a 1 inch
iron pipe found set in concrete, said point being in the SOUTHWEST
line of Koebelen Road;
THENCE continuing NORTH 45 degrees 11 minutes 37 seconds EAST
along the NORTHWEST line of the R. H. Earnest Survey as located in
Koebelen Road, 660.45 feet to the PLACE OF BEGINNING AND CONTAINING
100.5080 acres of land.
TRACT II:
A tract or parcel containing 86.0235 acres (3,747,184 square
feet) of land out of and a part of a called 90 acre tract described
in Volume 283, Page 521 of the Fort Bend County Deed Records, and
being parts of the J. D. Vermillion Survey, Abstract No. 340, and
the B. B. B. & C. R. R. Co. Survey, Abstract No. 132, in Fort Bend
County, Texas, said 86.0235 acre tract being more particularly
described by metes and bounds as follows:
BEGINNING at an old 1 inch flared top iron pipe found in the
SOUTHEAST line of F. M. Highway 2218 (100 foot wide and partially
described in Right Of Way Deed Recorded in Volume 335, Page 517 of
the Fort Bend County Deed Records) For the most WESTERLY corner of
the herein described tract, being in the NORTH line of the Al
Zurovec called 2.0 acre tract described in Volume 339, Page 459 of
The Fort Bend County Deed Records;
THENCE NORTH 21 degrees 12 minutes 00 seconds EAST, along the
SOUTHEAST line of F.M. Highway 2218 for a distance of 1,540.54 feet
to a 1 inch iron pipe found at the intersection of said SOUTHEAST
line of F.M. Highway 2218 and the SOUTHWEST line of Koebelen Road;
THENCE SOUTH 55 degrees 07 minutes 08 seconds EAST, along the
SOUTHWEST line of Koebelen Road, (called 40 foot wide per Deed
recorded in Volume 283, Page 521, Surveyor Recovered Monuments on
the ground indicating a width of 60 feet) for a distance of 2,783.55
feet to a 1 inch iron pipe found for the NORTHEAST corner of the
herein described tract. Being in the NORTHWEST line of the David
Drabek called 1.2069 acre tract described in Volume 2246, Page 733
of the Fort Bend County Deed Records;
THENCE SOUTH 44 degrees 43 minutes 09 seconds WEST, along the
NORTHWEST line of said Drabek Tract for a distance of 247.01 feet to
a 1 inch iron pipe found for corner;
THENCE SOUTH 45 degrees 42 minutes 09 seconds WEST, along the
NORTHWEST line of the remainder the Alfonce Drabek called 17.99
acre tract described in Volume 1011, Page 849 for a distance of
1460.96 feet to a 1 inch iron pipe found for the SOUTHEAST corner of
the herein described tract, being in the NORTHEAST line of the Joyce
Lolley called 22.043 acre tract described in Volume 1097, Page 865
of the Fort Bend County Deed Records;
THENCE NORTH 45 degrees 16 minutes 50 seconds WEST, pass at
67.50 feet the NORTHEAST corner of the Meadowbend Park of Fort Bend
County Subdivision, from which a ½ inch iron rod found bears SOUTH
71 degrees 48 minutes WEST, 8.85 feet, continuing along the
Northeast line of said Meadowbend Park of Fort Bend County
Subdivision for a distance of 1,467.87 feet to a ½ inch iron rod
found for an interior corner;
THENCE NORTH 61 degrees 08 minutes 40 seconds WEST, pass at
263.49 feet the NORTHEAST corner of the said Al Zurovec called 2.0
acre tract described in Volume 339, Page 459 of the Fort Bend County
Deed Records, in all a distance of 660.05 feet to the POINT OF
BEGINNING and containing 86.0235 acres of land, more or less.
TRACT III:
That certain 89.011 acres tract of land out of the R.H.
Earnest Survey No. 6, Abstract 388 and the B.B.B. & C.R.R. Co.
Survey, Section 11, Abstract 132, in Fort Bend County, Texas, being
more particularly described by metes and bounds as follows:
BEGINNING at a railroad spike set at the SOUTH corner of the
B.B.B. & C. Railroad Co. Survey, Section 11, Abstract 132, same
being the WEST corner of the R.H. Earnest Survey No. 6, Abstract
388, said point being located in the pavement of Power Line Road,
SOUTH 45 degrees WEST 27.6 feet from the Northeast line of said
road;
THENCE, NORTH 45 degrees WEST along the SOUTHWEST line of the
B.B.B. & C. Railroad Co. Survey Section 11, as located in Power Line
Road, 858.8 feet to a point on said line for the WEST corner of the
herein described tract;
THENCE, NORTH 45 degrees EAST along the NORTHWEST line of
this 89.011 acre tract, at 27.6 feet pass a 3/4" Iron Pipe found at a
fence corner post on the NORTHEAST R.O.W. line of Power Line Road,
and continuing along said line for a total distance 2,562 feet to a
1-1/4" iron pipe, with a flat blade inside said pipe, found for the
NORTH corner of this 89.011 acre tract;
THENCE, SOUTH 45 degrees EAST along the NORTHEAST line of
this 89.011 acre tract at 858.8 feet pass the SOUTHEAST line of the
NORTHWEST line of the R.H. Earnest Survey No. 6, Abstract 388, and
continuing for a total distance of 1,513.4 feet to a 3/4" iron pipe
found for the EAST corner of this 89.011 acre tract of land, same
being the NORTH corner of the Lindsey 89.24 acre tract;
THENCE, SOUTH 45 degrees WEST along the common line of this
89.011 acre tract and the Lindsey 89.24 acre tract, at 2,534.4 feet
pass a ½" iron rod found in the NORTHEAST line of Power Line Road,
and continuing for a total distance of 2,562 feet to a point on the
SOUTHEAST line, of the R.H. Earnest Survey No. 6, as located in
Power Line Road, for the SOUTH corner of the herein described 89.011
acre tract;
THENCE, NORTH 45 degrees WEST along the SOUTHWEST line of the
aforementioned R.H. Earnest Survey No. 6, 654.6 feet to the Place of
Beginning and containing 89.011 acres of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3476 was passed by the House on May 9,
2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3476 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor