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  H.B. No. 4024
 
 
 
 
AN ACT
  relating to the creation of the Fort Bend County Municipal Utility
  District No. 190; providing authority to impose a tax and issue
  bonds.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8233 to read as follows:
  CHAPTER 8233. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 190
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8233.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Fort Bend County Municipal
  Utility District No. 190.
         Sec. 8233.002.  NATURE OF DISTRICT. (a)  The district is a
  municipal utility district created under and essential to
  accomplish the purposes of Section 59, Article XVI, Texas
  Constitution.
         (b)  The district, to the extent authorized by Section
  8233.102 and Section 52, Article III, Texas Constitution, has road
  powers.
         Sec. 8233.003.  CONFIRMATION ELECTION REQUIRED. The board
  shall hold an election to confirm the creation of the district as
  provided by Section 49.102, Water Code.
         Sec. 8233.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)  
  All land and other property in the district will benefit from the
  improvements and services to be provided by the district.
         (b)  The district is created to accomplish:
               (1)  the purposes of a municipal utility district as
  provided by general law; and
               (2)  to the extent authorized by Section 52, Article
  III, Texas Constitution, the financing, construction, or
  acquisition of road projects.
         Sec. 8233.005.  INITIAL DISTRICT TERRITORY. (a) The
  district is initially composed of the territory described by
  Section 2 of the Act creating this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act creating this chapter form a closure. A mistake in the
  field notes or in copying the field notes in the legislative process
  does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bond for a purpose for
  which the district is created or to pay the principal of and
  interest on the bond;
               (3)  right to impose an assessment or tax; or
               (4)  legality or operation.
  [Sections 8233.006-8233.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8233.051.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of five elected directors.
         (b)  Directors serve staggered four-year terms.
         Sec. 8233.052.  INITIAL DIRECTORS. (a) The initial board
  consists of:
               (1)  Phil Mullan;
               (2)  Shannon M. Frederick;
               (3)  Barbara D. Colihan;
               (4)  Randy Young; and
               (5)  Ronald D. Petersen.
         (b)  Unless the initial board agrees otherwise, the initial
  directors shall draw lots to determine which two shall serve until
  the first regularly scheduled election of directors and which three
  shall serve until the second regularly scheduled election of
  directors.
         (c)  This section expires September 1, 2014.
  [Sections 8233.053-8233.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8233.101.  MUNICIPAL UTILITY DISTRICT POWERS AND
  DUTIES. (a)  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.
         (b)  The district has the powers and duties necessary to
  accomplish the purposes for which the district is created.
         Sec. 8233.102.  ROAD PROJECTS. (a) Under Section 52,
  Article III, Texas Constitution, a district may finance, construct,
  or acquire a road project as provided by this section.
         (b)  A road project must meet all applicable standards,
  regulations, ordinances, or orders of:
               (1)  each municipality in whose corporate limits or
  extraterritorial jurisdiction the road project is located; and
               (2)  each county in which the road project is located.
         (c)  The district may, with the consent of the municipality
  or county, convey a completed road project to:
               (1)  a municipality in whose corporate limits or
  extraterritorial jurisdiction the road project is located; or
               (2)  a county in which the road project is located.
         Sec. 8233.103.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
  OR RESOLUTION. The district shall comply with all applicable
  requirements of any ordinance or resolution, adopted by the
  governing body of a municipality under Section 54.016, Water Code,
  that consents to the creation of the district or to the inclusion of
  land in the district.
  [Sections 8233.104-8233.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8233.151.  ELECTIONS REGARDING TAXES OR BONDS. (a) The
  district may issue, without an election, bonds and other
  obligations secured by revenue or contract payments from a source
  other than ad valorem taxation.
         (b)  The district must hold an election in the manner
  provided by Chapters 49 and 54, Water Code, to obtain voter approval
  before the district may impose an ad valorem tax or issue bonds
  payable from ad valorem taxes.
         (c)  The district may not issue bonds to finance a road
  project under Section 8233.102 unless the issuance is approved by a
  vote of a two-thirds majority of district voters voting at an
  election held for that purpose.
         Sec. 8233.152.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized at an election held under Section 8233.151, the district
  may impose an operation and maintenance tax on taxable property in
  the district as provided by Chapter 49.107, Water Code.
         (b)  The board shall determine the tax rate. The rate may not
  exceed the rate approved at the election.
  [Sections 8233.153-8233.200 reserved for expansion]
  SUBCHAPTER E. BONDS
         Sec.  8233.201.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS.  The district may issue bonds or other obligations
  payable wholly or partly from ad valorem taxes, impact fees,
  revenue, grants, or other district money, or any combination of
  those sources, to pay for any authorized district purpose.
         Sec. 8233.202.  BONDS FOR ROAD PROJECTS. At the time of
  issuance, the total principal amount of bonds, notes, or other
  obligations issued or incurred to finance a road project under
  Section 8233.102 may not exceed one-fourth of the assessed value of
  real property in the district according to the most recent
  appraisal roll for Fort Bend County.
         Sec. 8233.203.  TAXES FOR BONDS. At the time bonds payable
  wholly or partly from ad valorem taxes are issued:
               (1)  the board shall impose a continuing direct annual
  ad valorem tax, without limit as to rate or amount, for each year
  that all or part of the bonds are outstanding; and
               (2)  the district annually shall impose an ad valorem
  tax on all taxable property in the district in an amount sufficient
  to:
                     (A)  pay the interest on the bonds as the interest
  becomes due;
                     (B)  create a sinking fund for the payment of the
  principal of the bonds when due or the redemption price at any
  earlier required redemption date; and
                     (C)  pay the expenses of imposing the taxes.
         SECTION 2.  The Fort Bend County Municipal Utility District
  No. 190 initially includes all the territory contained in the
  following area:
         Being 794.4 acres of land located in the Leonard Burknapp
  Survey, Abstract-108, the Hugh Rogers Survey, Abstract-309, the
  Benjamin Orsburn Survey, Abstract-390, and the Day Land and Cattle
  Company Survey, Abstract-451, Fort Bend County, Texas; said 794.4
  acre tract being all of a called 15.5 acre save and except tract
  retained by TXI Operations, LP., and out of a called 1,095.0 acre
  tract, recorded in the name of Terravista Lakes, LLC, under Fort
  Bend County Clerk's File Number (F.B.C.C.F.No.) 2006064288; said
  794.4 acre tract being more particularly described by metes and
  bounds as follows (bearings based on the Texas State Plane
  Coordinate System, South Central Zone, NAD 83):
         COMMENCING at the southwest corner of said 1,095.0 acre
  tract, being in the center of Harlem Road, and in the north line of a
  called 463.25 acre tract recorded in the name of Joseph A. Bono Jr.,
  Trustee, under F.B.C.C.F.No. 9545430;
         THENCE, along the west line of said 1,095.0 acre tract, North
  02 degrees 07 minutes 17 seconds West, a distance of 2,431.25 feet,
  to an angle point;
         THENCE, continuing along the west line of said 1,095.0 acre
  tract, and the center of said Harlem Road, North 02 degrees 03
  minutes 06 seconds West, a distance of 50.15 feet, to a point in the
  proposed north right-of-way (R.O.W.) line of Beechnut Street
  (proposed 100 feet in width), for the southwest corner and POINT OF
  BEGINNING of the herein described tract;
         THENCE, continuing along the west line of said 1,095.0 acre
  tract, and the center of said Harlem Road, North 02 degrees 03
  minutes 06 seconds West, a distance of 7,748.81 feet, to the
  northwest corner of said 1,095.0 acre tract, and the southwest
  corner of a called 5.056 acre tract recorded in the name of Fort
  Bend County Toll Road Authority under F.B.C.C.F.No. 2004049483, for
  the northwest corner of the herein described tract;
         THENCE, along northerly lines of said 1,095.0 acre tract,
  being southerly lines of said 5.056 acre tract, the following four
  (4) courses:
         1.  North 88 degrees 00 minutes 56 seconds East, a distance
  of 24.83 feet, to an angle point;
         2.  North 40 degrees 32 minutes 01 seconds East, a distance
  of 21.00 feet, to an inner corner;
         3.  North 83 degrees 04 minutes 08 seconds East, a distance
  of 1,411.35 feet, to an angle point;
         4.  North 87 degrees 45 minutes 00 seconds East, a distance
  of 116.96 feet, to the northwest corner of a called 11.322 acre
  tract recorded in the name of Fort Bend County Toll Road Authority,
  under Fort Bend County Clerk's File Number (F.B.C.C.F.No.)
  2004049483, for an angle point of the herein described tract;
         THENCE, along westerly, southerly, and easterly lines of said
  11.322 acre tract, the following five (5) courses:
         1.  South 28 degrees 52 minutes 09 seconds West, a distance
  of 1,124.24 feet, to the point of curvature of a tangent curve to
  the left;
         2.  116.21 feet along the arc of said curve to the left,
  having a radius of 78.00 feet, through a central angle of 85 degrees
  21 minutes 42 seconds, with a chord bearing of South 13 degrees 48
  minutes 42 seconds East, a distance of 105.75 feet, to the point of
  tangency;
         3.  South 56 degrees 29 minutes 33 seconds East, a distance
  of 284.60 feet, to the point of curvature of a tangent curve to the
  left;
         4.  136.86 feet along the arc of said curve to the left,
  having a radius of 78.00 feet, through a central angle of 100
  degrees 31 minutes 51 seconds, with a chord bearing of North 73
  degrees 14 minutes 31 seconds East, a distance of 119.97 feet, to
  the point of tangency;
         5.  North 22 degrees 58 minutes 36 seconds East, a distance
  of 1,329.10 feet, to the northeast corner of said 11.322 acre tract,
  the southeast corner of said 5.056 acre tract, and the southwest
  corner of a called 5.379 acre tract recorded in the name of Fort
  Bend County Toll Road Authority under F.B.C.C.F.No. 2004049483, for
  an angle point of the herein described tract;
         THENCE, along northerly lines of said 1,095.0 acre tract,
  being southerly lines of said 5.379 acre tract, the following five
  (5) courses:
         1.  North 87 degrees 44 minutes 19 seconds East, a distance
  of 176.73 feet, to an angle point;
         2.  North 83 degrees 04 minutes 51 seconds East, a distance
  of 135.68 feet, to an angle point;
         3.  North 67 degrees 26 minutes 19 seconds East, a distance
  of 196.03 feet, to an angle point;
         4.  North 83 degrees 04 minutes 27 seconds East, a distance
  of 1,250.52 feet, to an angle point;
         5.  North 79 degrees 52 minutes 29 seconds East, a distance
  of 709.72 feet, to the northerly northeast corner of said 1,095.0
  acre tract, and the southeasterly corner of said 5.379 acre tract,
  being in the west line of a called 3.4238 acre tract, being an 85
  foot wide drainage easement, recorded in the name of Fort Bend
  County, under F.B.C.C.F.No. 8741250, for the northeast corner of
  the herein described tract;
         THENCE, along the northerly east line of said 1,095.0 acre
  tract, and the west line of said 3.4238 acre tract, South 03 degrees
  02 minutes 36 seconds East, a distance of 1,796.66 feet, to the
  northwest corner of a called 4.8853 acre, 50-foot wide right-of-way
  (R.O.W.), recorded in the name of S/C Management #99, Ltd., in
  Volume 614, Page 389, Fort Bend County Deed Records, for an angle
  point;
         THENCE, continuing along the northerly east line of said
  1,095.0 acre tract, and the west line of said 3.4238 acre tract, and
  the west line of a called 2.702 acre, 50-foot wide temporary
  drainage easement recorded in the name of Fort Bend County, under
  F.B.C.C.F.No. 2001047405, South 03 degrees 16 minutes 55 seconds
  East, a distance of 100.02 feet, to the southwest corner of said
  2.702 acre tract, and the northwest corner of Twin Oaks Village,
  Sec. 6, a subdivision plat of which is recorded under Plat Number
  (P.No.) 20040013, Fort Bend County Plat Records (F.B.C.P.R.), for
  an angle point;
         THENCE, along a northerly east line of said 1,095.0 acre
  tract, and the west line of said Twin Oaks Village, Sec. 6, and the
  west line of Twin Oaks Village, Sec. 9, a subdivision plat of which
  is recorded under P.No. 20040035, F.B.C.P.R., at approximately
  1,118.79 feet pass an angle point in the east line of a called 17.63
  acre drainage easement recorded in the name of Fort Bend County
  Municipal Utility Distreict No. 30, under F.B.C.C.F.No.
  2005022422, and along the east line of said 17.63 acre tract, South
  03 degrees 27 minutes 25 seconds East, a distance of 3,992.49 feet,
  to an inner corner of said 1,095.0 acre tract, and being the
  southwest corner of said Twin Oaks Village, Sec. 9, for an angle
  point;
         THENCE, through and across said 1,095.0 acre tract, and along
  the east lines of said 17.63 acre tract, the following five (5)
  courses:
         1.  South 03 degrees 27 minutes 57 seconds East, a distance
  of 722.86 feet, to an angle point;
         2.  South 40 degrees 46 minutes 28 seconds East, a distance
  of 439.31 feet, to the point of curvature of a tangent curve to the
  right;
         3.  371.44 feet along the arc of said curve to the right,
  having a radius of 350.00 feet, through a central angle of 60
  degrees 48 minutes 22 seconds, with a chord bearing of South 10
  degrees 22 minutes 17 seconds East, a distance of 354.26 feet, to
  the point of tangency;
         4.  South 20 degrees 01 minutes 54 seconds West, a distance
  of 361.65 feet, to the point of curvature of a tangent curve to the
  left;
         5.  146.82 feet along the arc of said curve to the left,
  having a radius of 600.00 feet, through a central angle of 14
  degrees 01 minutes 14 seconds, with a chord bearing of South 13
  degrees 01 minutes 17 seconds West, a distance of 146.46 feet, to a
  point in the extended north line of a called 100-foot by 200-foot
  tract recorded in the name of R.C. Darrough, et.al., Trustee, in
  Volume 86, Page 350, Fort Bend County Deed Records, for an angle
  point of the herein described tract;
         THENCE, along said extended north line, North 87 degrees 49
  minutes 30 seconds East, a distance of 46.97 feet, to an inner
  corner of said 1,095.0 acre tract, and the northwest corner of said
  100-foot by 200-foot tract, for an angle point of the herein
  described tract;
         THENCE, along an east line of said 1,095.0 acre tract, and the
  west line of said 100-foot by 200-foot tract, South 02 degrees 49
  minutes 45 seconds East, a distance of 200.91 feet, to a point in
  the north R.O.W. line of said Beechnut Street, for the southeast
  corner of the herein described tract;
         THENCE, through and across said 1,095.0 acre tract, and along
  the north R.O.W. line of said Beechnut Street, the following three
  (3) courses:
         1.  South 87 degrees 48 minutes 26 seconds West, a distance
  of 1,420.93 feet, to the point of curvature of a tangent curve to
  the left;
         2.  114.14 feet along the arc of said curve to the left,
  having a radius of 2,050.0 feet, through a central angle of 03
  degrees 11 minutes 24 seconds, with a chord bearing of South 86
  degrees 12 minutes 44 seconds West, a distance of 114.12 feet, to
  the point of tangency.
         3.  South 84 degrees 37 minutes 02 seconds West, a distance
  of 3,181.23 feet, to the POINT OF BEGINNING, and containing 794.4
  acres of land.
         SECTION 3.  (a)  The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4024 was passed by the House on May
  11, 2007, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4024 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor