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  S.B. No. 682
 
 
 
 
AN ACT
  relating to the creation of the Fulshear Municipal Utility District
  No. 1 of Fort Bend County; 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 8207 to read as follows:
  CHAPTER 8207. FULSHEAR MUNICIPAL UTILITY DISTRICT
  NO. 1 OF FORT BEND COUNTY
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8207.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Fulshear Municipal Utility
  District No. 1 of Fort Bend County.
         Sec. 8207.002.  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. 8207.003.  CONFIRMATION ELECTION REQUIRED. If the
  creation of the district is not confirmed at a confirmation
  election held under Section 8207.024 before September 1, 2011:
               (1)  the district is dissolved September 1, 2011,
  except that the district shall:
                     (A)  pay any debts incurred;
                     (B)  transfer to Fort Bend County any assets that
  remain after the payment of debts; and
                     (C)  maintain the organization of the district
  until all debts are paid and remaining assets are transferred; and
               (2)  this chapter expires September 1, 2014.
         Sec. 8207.004.  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.
  [Sections 8207.005-8207.020 reserved for expansion]
  SUBCHAPTER A-1. TEMPORARY PROVISIONS
         Sec. 8207.021.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of:
               (1)  Simmi Jaggi Basra;
               (2)  Elizabeth Clampitt;
               (3)  Derek Hargrove;
               (4)  William Swanson; and
               (5)  Hank Kidd.
         (b)  If a temporary director fails to qualify for office, the
  Texas Commission on Environmental Quality shall appoint a person to
  fill the vacancy.
         (c)  Temporary directors serve until the earlier of:
               (1)  the date directors are elected under Section
  8207.024; or
               (2)  the date this chapter expires under Section
  8207.003.
         Sec. 8207.022.  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 directors shall meet 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. 8207.023.  CONSENT OF MUNICIPALITY REQUIRED.  The
  temporary directors may not hold an election under Section 8207.024
  until each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located has adopted a
  resolution consenting to the creation of the district.
         Sec. 8207.024.  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. 8207.025.  INITIAL ELECTED DIRECTORS; TERMS.  The
  directors elected under Section 8207.024 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.
         Sec. 8207.026.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires September 1, 2014.
  [Sections 8207.027-8207.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8207.051.  GOVERNING BODY; TERMS. (a)  The district is
  governed by a board of five directors.
         (b)  Directors serve staggered four-year terms.
  [Sections 8207.052-8207.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8207.101.  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. 8207.102.  ROAD PROJECTS. (a)  To the extent
  authorized by Section 52, Article III, Texas Constitution, 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 the district.
         (b)  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 district is located.  If the district is not
  located in the corporate limits or extraterritorial jurisdiction of
  a municipality, a road project must meet all applicable
  construction standards, zoning and subdivision requirements, and
  regulations of each county in which the district is located.
         (c)  The district may not undertake a road project unless
  each municipality in whose corporate limits or extraterritorial
  jurisdiction the district is located consents by resolution.
         Sec. 8207.103.  COMPLIANCE WITH MUNICIPAL ORDINANCES OR
  RESOLUTIONS. The district shall comply with all applicable
  requirements of any ordinance or resolution adopted by the
  governing body of the City of Fulshear.
  [Sections 8207.104-8207.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8207.151.  TAX TO REPAY BONDS. The district may impose
  a tax to pay the principal of or interest on bonds or other
  obligations issued under Section 8207.201.
  [Sections 8207.152-8207.200 reserved for expansion]
  SUBCHAPTER E.  BONDS
         Sec. 8207.201.  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 a project
  under Section 8207.101 or 8207.102.
         (b)  The district may not issue bonds or other obligations to
  finance projects authorized by Section 8207.102 unless the issuance
  is approved by a vote of a two-thirds majority of the district
  voters voting at an election called for that purpose.
         (c)  Bonds or other obligations issued or incurred to finance
  projects authorized by Section 8207.102 may not exceed one-fourth
  of the assessed value of the real property in the district.
         SECTION 2.  The Fulshear Municipal Utility District No. 1 of
  Fort Bend County includes all the territory contained in the
  following area:
  All that certain 559.97 acres of land out of the Churchill Fulshear
  League, A-29 and being more particularly described by metes and
  bounds as follows, all coordinates and bearings being referred to
  the Texas Plain Coordinate System, South Central Zone, all
  distances shown are surface and may be converted to grid by
  multiplying by a combined scale factor of 0.99988107.
  BEGINNING at a found 3/4" iron pipe in the south right-of-way line
  of F.M. 1093 (100' wide) having state plain coordinates of
  Y=13812541.25 X=2951919.61;
  Thence with said south right-of-way line for the following six
  courses and distances:
  Thence S 89° 09' 28" E - 109.25' to a found 3/4" iron pipe for angle
  point;
  Thence N 88° 12' 11" E - 134.25' to a found 3/4" iron pipe for angle
  point;
  Thence N 83° 08' 18" E - 33.72' found 5/8" iron rod with cap for angle
  point;
  Thence N 82° 10' 27" E - 104.93' found 5/8" iron rod with cap for
  angle point;
  Thence N 78° 13' 14" E - 103.12' found 5/8" iron rod with cap for
  angle point;
  Thence N 74° 48' 15" E - 12.13' found 5/8" iron rod with cap for angle
  point;
  Thence S 1° 31' 32" E - 272.75', with the west line of a called 1.00
  acre tract of land described in a deed dated 03-19-2003 from Sethora
  Bell Nott West to Frances Smart filed at Clerk File No. 2003036275
  to a found 3/4" iron pipe for corner;
  Thence N 88° 28' 28" E - 453.56' to a found 5/8" iron rod with cap for
  corner;
  Thence N I° 30' 19" W - 302.52', with the east line of a called 2.2155
  acre tract of land described in a deed dated 05-10-1990 from Federal
  Deposit Insurance Corp. to City of Fulshear, filed at Volume 2210,
  Pg. 2029 Fort Bend County Deed Records to a found 3/4" iron pipe for
  corner;
  Thence S 84° 09' 54" E - 66.59' to a found 1 ¼" iron pipe for angle
  point;
  Thence N 84° 13' 20" E - 141.77' to a found 1 ¼" iron pipe for angle
  point;
  Thence N 82° 24' 05" E - 366.36' to a found 1 ¼" iron pipe for corner;
  Thence N 26° 49' 05" E - 288.84' to a found 1 ¼" iron pipe for corner;
  Thence N 83° 17' 51" E - 199.80' to a found 1 ¼" iron pipe for corner;
  Thence N 6° 03' 32" W - 151.80' to a found 5/8" iron rod with cap for
  corner;
  Thence N 82° 58' 28" E - 247.20', with the south line of the
  aforementioned Metropolitan Transit Authority of Harris County
  tract to a found 5/8" iron rod with cap for corner;
  Thence S 1° 15' 35" E - 1101.52', with the west line of a called
  20.089 acre tract of land described in a deed dated 07-02-1999 from
  Jim Gibson, Trustee to H&G Joint Venture, filed at Clerk File No.
  1999057259 to a point for corner;
  Thence S 88° 28' 28" W - 662.15', with the north line of a called
  59.93 acre tract of land described in a deed dated 12-15-1967 from
  E.M. Huggins, Sr., et ux to Carrie R. Pickard, filed at Volume 495,
  Page 744 Fort Bend County Deed Records to a found 1" iron pipe for
  corner;
  Thence S 1° 27' 32" E - 430.22', with the east line of said 59.93 acre
  tract to a found 5/8", iron rod with cap for corner;
  Thence N 88° 30' 44" E - 2332.55', with the south line of said 59.93
  acre tract to a found 5/8" iron rod with cap for corner;
  Thence S 1° 40' 54" E - 1095.91', with the west line of a called
  101.3597 acre tract of land conveyed to George Gayle Jr. filed at
  Volume 629, Page 43 Fort Bend County Deed Records to a found 5/8"
  iron rod with cap for angle point;
  Thence S 2° 23' 52" E - 476.42', continuing with said west line to a
  found 4" iron pipe for corner;
  Thence S 87° 45' 13" W - 14.70' to a found 5/8" iron rod with cap for
  corner;
  Thence S 2° 06' 35" E - 3042.83', with the west line of a called
  101.782 acre tract of land conveyed to George Gayle Jr. described in
  a deed filed at Volume 672, Page 169 Fort Bend County Deed Records
  to a found 5/8" iron rod with cap for corner;
  Thence S 88° 46' 07" W - 14.40' to a found 5/8" iron rod with cap for
  corner;
  Thence S 1° 20' 46" E - 1743.09', with the west line of a called 125
  acre tract of land conveyed to Dan Harrison Jr. described in a deed
  filed at Volume 557, Page 227 Fort Bend County Deed Records to a
  found 5/8" iron rod with cap for corner;
  Thence S 88' 39' 14" W - 2303.93', to a found 5/8" iron rod with cap
  for corner;
  Thence N 62° 16' 40" W - 1252.23' with the north line of a tract of
  land conveyed to Dan J. Harrison III and Bruce Finch Harrison in a
  deed filed at Volume 565, Page 244 Fort Bend County Deed Records;
  Thence along the margin of Grassy Lake for the following six courses
  and distances:
  Thence N 31° 24' 28" E - 152.31' to an angle point;
  Thence N 34° 24' 37" E - 154.00' to an angle point;
  Thence N 23° 55' 37" E - 116.30' to an angle point;
  Thence N 36° 00' 37" E - 224.00' to an angle point;
  Thence N 21° 02' 37" E - 261.80' to an angle point;
  Thence N 17° 46' 37" E - 288.22' to an angle point;
  Thence N 68° 58' 13" W - 994.83', with the north line of a called
  17.806 acre tract of land described in a deed dated 01-10-1987 from
  Anna Ruth Turner McCann to McCann Family Trusts filed at Volume
  1928, Pg. 827 Fort Bend County Deed Records to a found 3/4" iron
  pipe for corner;
  Thence N 1° 34' 03" W - 1445.29', with the east line of a called 190
  acre tract of land described in a deed dated 07-17-1987 from P.
  Michael Wells to P. Michael Wells, Trustee filed at Volume 1963,
  Page 1436 Fort Bend County Deed Records to a found 3/4" iron pipe
  for angle point;
  Thence N 1° 32' 09" W - 3846.77', continuing with said east line to
  the POINT OF BEGINNING containing 559.97 acres (24,392,276 square
  feet) of land for Fulshear M.U.D. No. 1 more or less.
         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, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 682 passed the Senate on
  March 28, 2007, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 682 passed the House on
  May 17, 2007, by the following vote:  Yeas 143, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor