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  S.B. No. 1069
 
 
 
 
AN ACT
  relating to the creation of the Fort Bend County Municipal Utility
  District No. 183; 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 8208 to read as follows:
  CHAPTER 8208.  FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 183
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8208.001.  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 Fort Bend County Municipal
  Utility District No. 183.
         Sec. 8208.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district in Fort Bend County created under and
  essential to accomplish the purposes of Section 59, Article XVI,
  Texas Constitution.
         Sec. 8208.003.  CONFIRMATION ELECTION REQUIRED.  If the
  creation of the district is not confirmed at a confirmation
  election held under Section 8208.055 before September 1, 2011:
               (1)  the district is dissolved September 1, 2011,
  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, 2014.
         Sec. 8208.004.  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 8208.005-8208.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8208.051.  BOARD OF DIRECTORS; TERMS.  (a)  The
  district is governed by a board of five directors.
         (b)  Directors serve staggered four-year terms.
         Sec. 8208.052.  ELECTION OF DIRECTORS. On the uniform
  election date in May of each even-numbered year, the appropriate
  number of directors shall be elected.
         Sec. 8208.053.  INITIAL DIRECTORS.  (a)  The initial board
  consists of:
               (1)  John Randolph;
               (2)  Stacy Eickhoff;
               (3)  Karen Ross;
               (4)  John Neslage; and
               (5)  Stephen Eustis.
         (b)  Notwithstanding Section 8208.051(b), the terms of the
  first three directors named in Subsection (a) expire on the uniform
  election date in May 2008, and the terms of the last two directors
  named in Subsection (a) expire on the uniform election date in May
  2010.
         Sec. 8208.054.  CONSENT OF MUNICIPALITY REQUIRED. The
  initial directors may not hold an election under Section 8208.055
  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. 8208.055.  CONFIRMATION AND INITIAL DIRECTORS
  ELECTION. The initial directors shall hold an election to confirm
  the creation of the district as provided by Section 49.102, Water
  Code.
         Sec. 8208.056.  EXPIRATION.  Sections 8208.053, 8208.054,
  and 8208.055 and this section expire September 1, 2011.
         [Sections 8208.057-8208.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8208.101.  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. 8208.102.  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 or exceed all applicable
  construction standards, zoning and subdivision requirements, and
  regulatory ordinances of each municipality in whose corporate
  limits or extraterritorial jurisdiction the district is located.
  If the district is located outside the extraterritorial
  jurisdiction of a municipality, a road project must meet all
  applicable construction standards, zoning and subdivision
  requirements, and regulatory ordinances 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 ordinance or
  resolution.
         Sec. 8208.103.  COMPLIANCE WITH MUNICIPAL ORDINANCES OR
  RESOLUTIONS. The district shall comply with all applicable
  requirements of any ordinance or resolution adopted by the city
  council of the City of Alvin.
  [Sections 8208.104-8208.150 reserved for expansion]
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8208.151.  TAX TO REPAY BONDS.  The district may impose
  a tax to pay the principal of or interest on bonds issued under
  Section 8208.201.
  [Sections 8208.152-8208.200 reserved for expansion]
  SUBCHAPTER E. BONDS
         Sec. 8208.201.  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 8208.101 and 8208.102.
         (b)  The district may not issue bonds to finance projects
  authorized by Section 8208.102 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 8208.102 may not exceed one-fourth
  of the assessed value of the real property in the district.
         SECTION 2.  Fort Bend County Municipal Utility District No.
  183 includes all the territory contained in the following area:
  TRACT I:
  Being a tract or parcel containing 504.70 acres of land situated in
  the William Pettus League, Abstract Number 68, Fort Bend County,
  Texas; being all that certain called 504.6532 acre tract conveyed
  from J.E. Foster to H.B. Gordon, Trustee by deed recorded in Volume
  393, Page 64 of the Deed Records Fort Bend County, Texas; being
  conveyed from H.B. Gordon, Trustee to S. Conrad Weil, Jr., Trustee,
  16.668% interest as recorded in Clerk's File Number 9329669 of the
  Deed Records Fort Bend County, Texas; and being conveyed from Aron
  S. Gordon, Trustee to Asgor, Ltd. 41.666% interest as recorded in
  Clerk's File Number 9512339 of the Deed Records Fort Bend County,
  Texas; said 504.70 acre tract being more particularly described as
  follows (bearings are referenced to the Texas State Plain
  Coordinate System, South Central Zone, (NAD 83);
  BEGINNING at a 1-inch iron pipe found in the west right-of-way line
  of the Missouri-Pacific (I.G. & N.) Railroad (width varies), being
  in the south line of said William Pettus League and in the north
  line of the Francis Bingham Survey, Abstract Number 43 and on the
  south line of Fort Bend County and on the north line of Brazoria
  County, said iron pipe marking the common northwest corner of that
  certain called 0.24 acre tract (Tract 3) as recorded in Clerk's File
  Number 99058295 of the Deed Records Brazoria County, Texas and the
  northeast corner of that certain called 3.00 acre tract (Tract 2) as
  recorded in Clerk's File Number 99058295 of the Deed Records
  Brazoria County, Texas, said iron pipe also marking the southeast
  corner of said called 504.6532 acre tract and the herein described
  tract;
  THENCE, South 87°18'39" West (called South 89°44'40" West, 7,627.20
  feet), along the north line of said Francis Bingham Survey and the
  south line of said William Pettus League, along the north line of
  Brazoria County and the south line of Fort Bend County, along the
  north line of said called 3.00 acre tract and the north line of that
  certain called 373.91 acre tract (Tract 1) as recorded in Clerk's
  File Number 99058295 of the Deed Records Brazoria County, Texas,
  and along the south line of said called 504.6532 acre tract, at a
  distance of 2,183.94 feet passing a found 1/2-inch iron rod which
  bears South 02°41'21" East, 0.72 feet, at a distance of 4,873.14
  feet passing a found Axle which bears South 02°41'21" East, 5.95
  feet, continuing, in all, a distance of 7,627.83 feet to a Railroad
  Rail found marking the southeast corner of that certain called 300
  acre tract (Second Tract) as recorded in Volume 226, Page 540 of the
  Deed Records Fort Bend County, Texas, said Railroad Rail marking
  the southwest corner of said called 504.6532 acre tract and the
  herein described tract;
  THENCE, North 02°44'11" West, (called North 00°18'10 West, 2,820.37
  feet), along the east line of said called 300 acre tract and along
  the west line of said called 504.6532 acre tract, a distance of
  2,820.37 feet to a 5/8-inch iron rod with "Terra" cap set in the
  south line of that certain called 294.4 acre tract as recorded in
  Clerk's File Numbers 9781317 and 9809582 of the Deed Records Fort
  Bend County, Texas, said iron rod marking the northeast corner of
  said called 300 acre tract and marking the northwest corner of said
  called 504.6532 acre tract and the herein described tract, from
  which a Railroad Rail found marking the southwest corner of said
  called 294.4 acre tract bears South 87°12'30' West, 4,609.45 feet;
  THENCE, North 87°01'19" East, (called North 89°27'20" East, 7,674.31
  feet), along the south line of said called 294.4 acre tract and
  along the north line of said called 504.6532 acre tract, a distance
  of 7,676.59 feet to a 5/8-inch iron rod with "Terra" cap set marking
  the northwest corner of an old cemetery tract (no deed of record)
  and marking the most northerly northeast corner of said called
  504.6532 acre tract and the herein described tract;
  THENCE, South 02°22'59" West, (called South 04°49'00" West, 196.45
  feet), along an easterly line of said called 504.6532 acre tract and
  along the west line of said cemetery tract, a distance of 195.81
  feet to a 1-inch iron pipe found marking the southwest corner of
  said cemetery tract and marking an interior corner of said called
  504.6532 acre tract and the herein described tract;
  THENCE, South 89°07'39" East, (called South 86°41'00" East, 208.85
  feet), along a northerly line of said called 504.6532 acre tract and
  along the south line of said cemetery tract, a distance of 207.11
  feet to a 1-inch iron pipe found in the aforesaid west right-of-way
  line of the Missouri- Pacific (I.G. & N.) Railroad, marking the
  southeast corner of said cemetery tract and marking the most
  easterly northeast corner of said called 504.6532 acre tract and
  the herein described tract, from which the centerline of the old
  railroad bed bears South 89°07'39" East, 48.7 feet;
  THENCE, South 02°23'30" West, (called South 04°49'40" West, 2,660.84
  feet), along the east line of said called 504.6532 acre tract and
  along the west right-of-way line of the Missouri- Pacific (I.S. &
  N.) Railroad, a distance of 2,660.63 feet to the POINT OF BEGINNING
  and containing 504.70 acres of land. This description is based on
  the Land Title Survey and p1at made by Terra Surveying Co., dated
  September, 2005, Project Number 9430-0501-S.
  TRACT II:
  Being a tract of land out of the William Pettus Survey, Abstract 68,
  Fort Bend County, Texas, being more particularly described as
  follows:
  Beginning at a point on the south line of Fort Bend County, on the
  north line of Brazoria County, and the west right of way line of the
  International & Great Northern Railroad Company, predecessor to
  Union Pacific Railroad Company, distant 50 feet west from the
  centerline of track as originally constructed and operated and
  opposite Railroad Engineer's Station 1307+03;
  Thence Northeast parallel with said railroad and 50 feet distance
  at right angles from the centerline of its track 2,660.63 feet to a
  point;
  Thence East at right angles, 100 feet to the east right of way line
  of said railroad, also being the west right of way line of F. M. 521;
  Thence Southwest parallel and 50 feet distant from the centerline
  of the railroad track to the south line of Fort Bead County, Texas;
  Thence West 100 feet along the County line to the Point of
  Beginning.
  Save and except any portion lying within the right of way of F. M.
  521.
  Contains 6.10 Acres 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. 1069 passed the Senate on
  April 26, 2007, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 27, 2007, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1069 passed the House, with
  amendment, on May 11, 2007, by the following vote: Yeas 144,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor