S.B. No. 1977
 
 
 
 
AN ACT
  relating to the creation of Fort Bend County Municipal Utility
  District No. 189; providing authority to impose taxes 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 8210 to read as follows:
  CHAPTER 8210. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 189
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 8210.001.  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. 189.
         Sec. 8210.002.  NATURE OF DISTRICT. The district is created
  as a municipal utility district created under and essential to
  accomplish the purposes of Section 59, Article XVI, Texas
  Constitution.
         Sec. 8210.003.  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. 8210.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
  (a)  All land and other property included in the district will
  benefit from the improvements and services to be provided by the
  district.
         (b)  The district is created to accomplish the purposes of a
  municipal utility district as provided by general law.
         Sec. 8210.005.  INITIAL DISTRICT TERRITORY. (a)  The
  district is initially composed of 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 in any way 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 or collect an assessment or tax; or
               (4)  legality or operation.
  [Sections 8210.006-8210.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8210.051.  BOARD OF DIRECTORS; TERMS.  (a)  The
  district is governed by a board of five directors.
         (b)  Except as provided by Section 8210.053, directors serve
  staggered four-year terms.
         Sec. 8210.052.  ELECTION OF DIRECTORS. On the uniform
  election date in May of each even-numbered year, the appropriate
  number of directors shall be elected.
         Sec. 8210.053.  INITIAL DIRECTORS.  (a)  The initial board
  consists of:
               (1)  Dan LeNeveu;
               (2)  Nikki Ball;
               (3)  Glenn Hansen;
               (4)  Joseph Charles Tusa; and
               (5)  Howard Moon.
         (b)  Unless otherwise agreed, the directors shall decide the
  initial terms of office by lot, with a simple majority of directors
  serving until the second succeeding directors election and the
  remaining directors serving until the next directors election.
  [Sections 8210.054-8210.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8210.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8210.102.  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. 8210.103.  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
  governing body of the municipality that consents to the creation of
  the district or to the inclusion of land within the district.
  [Sections 8210.104-8210.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8210.151.  ELECTIONS REGARDING TAXES OR BONDS.  
  (a)  The district may issue, without an election, bonds and other
  obligations secured by revenues or contract payments from any
  lawful sources 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 operation and maintenance tax or
  issue bonds payable from ad valorem taxes.
         Sec. 8210.152.  OPERATION AND MAINTENANCE TAX. (a)  If
  authorized at an election held in accordance with Section 8210.151,
  the district may impose an operation and maintenance tax on taxable
  property in the district in accordance with the provisions of
  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 8210.153-8210.200 reserved for expansion]
  SUBCHAPTER E. BONDS OR OTHER OBLIGATIONS
         Sec. 8210.201.  OBLIGATIONS. The district may issue bonds,
  notes, or other obligations payable in whole or in part 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. 8210.202.  TAXES FOR BONDS. At the time bonds payable
  in whole or in part 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.  Fort Bend County Municipal Utility District No.
  189 initially includes all the territory contained in the following
  area:
         All those certain tracts or parcels containing a total of
  238.597 acres of land in the William Pettus League, A-68, Fort Bend
  County, Texas, being all of that certain tract called 9.284 acres
  conveyed to BGM Land Investments, Ltd., by an instrument of record
  in File No. 2006124260 of the Official Public Records of said Fort
  Bend County (F.B.C.O.P.R.); all of that certain tract called 46.415
  acres conveyed to said BGM Land Investments, Ltd., by an instrument
  of record in File No. 2006124259 of the F.B.C.O.P.R.; all of those
  certain tracts called 179.359 acres and 2.559 acres conveyed to
  said BGM Land Investments, Ltd., by an instrument of record in File
  No. 2006086726 of the F.B.C.O.R. and all of that certain tract
  called 1.000 acres conveyed to said BGM Land Investment, Ltd, by an
  instrument of record in File No. 2006086725 of the F.B.C.O.P.R. and
  all of Farm No. 1 thru Farm No. 9, all of Farm No. 39 thru Farm No. 41
  and part of Farm No. 15 of the Emigration Land Company Subdivision
  as recorded in Volume 618, Page 725 of the Plat Records of said Fort
  Bend County and being more particularly described as Part One
  containing 236.039 acres and Part Two containing 2.558 acres by
  metes and bounds as follows, all bearings referenced to the Texas
  State Plane Coordinate System, South Central Zone;
         PART ONE
         BEGINNING at a 2-inch pipe found marking the northwest corner
  of said 9.284 acre tract, same being on the easterly right-of-way
  line of F.M. No. 521, 115.0 feet wide, on the common line between
  said William Pettus League and the William Hall League, A-31, and on
  the south line of Southern Colony Section One, a subdivision of
  record on Plat No. 20050137 of the Plat Records of said Fort Bend
  County;
         Thence North 86° 59' 51" East, 4,218.75 feet with said common
  survey line, with the north line of said 9.284 acre tract, with the
  north line of the aforesaid 1.000 acre tract, with the north line of
  the aforesaid 179.359 acre tract and with the south line of said
  Southern Colony to a 1/2-inch iron pipe with a Kalkomey Cap found
  for corner, the common north corner of Farm No. 40 and 51 and in the
  center line of a 40.0 foot wide platted roadway (not open) as shown
  on said Emigration Land Company Subdivision;
         Thence South 03° 01' 47" East, 2,359.44 feet departing said
  common and north line, with the common line between Farm No. 40 and
  51 and Farm No. 41 and 50, with the east line of said 179.359 acre
  tract and with the centerline of said 40.0 foot wide platted roadway
  (not open) to a 1/2-inch iron pipe with a Kalkomey cap found for
  corner on the north right-of-way line of Juliff-Manvel Road, 60.0
  feet wide, same being the southeast corner of said 179.359 acre
  tract;
         Thence South 86° 58' 17" West, 2,458.02 feet with the north
  line of said Juliff-Manvel Road and with the south line of said
  179.359 acre tract to a 1/2-inch iron pipe with a Kalkomey Cap found
  for corner;
         Thence South 03° 01' 43" East, 30.00 feet with a west line of
  said 179.359 acre tract to a cotton picker spindle found for corner
  on the centerline of Juliff-Manvel Road;
         Thence South 86° 58' 17" West, 674.01 feet with a south line of
  said 179.359 acre tract and with the centerline of said
  Juliff-Manvel Road to a cotton picker spindle found for corner;
         Thence North 03° 01' 30" West, 30.00 feet with a west line of
  said 179.359 acre tract to a 1/2-inch iron pipe with a Kalkomey Cap
  found for corner on the north right-of-way line of Juliff-Manvel
  Road;
         Thence South 86° 58' 17" West, 187.93 feet with a south line of
  said 179.359 acre tract and with the north right-of-way line of
  Juliff-Manvel Road to a 1/2-inch iron pipe with a Kalkomey Cap found
  for corner, the southwest corner of said 179.359 acre tract and on
  the east line of the aforesaid 46.415 acre tract;
         Thence South 03° 01' 43" East, 30.00 feet with the east line of
  said 46.415 acre tract to a cotton picker spindle found for corner,
  the southeast corner of said 46.415 acre tract and on the centerline
  of the aforesaid Juliff-Manvel Road;
         Thence South 86° 58' 17" West, 1130.82 feet with the south
  line of said 46.415 acre tract and with the centerline of said
  Juliff-Manvel Road to a cotton picker spindle found for corner, the
  southwest corner of said 46.415 acre tract and on the easterly
  right-of-way line of the aforesaid F.M. No. 521;
         Thence North 02° 31' 47" East, with the west line of said
  46.415 acre tract and with the easterly right-of-way line of F.M.
  No. 521, at 30.14 feet pass a 5/8-inch iron rod found on the north
  right-of-way line of Juliff-Manvel Road and continuing in all a
  total of 1960.12 feet to a 5/8-inch iron rod found for corner, the
  northwest corner of said 46.415 acre tract and the southwest corner
  of the aforesaid 9.284 acre tract;
         Thence North 02° 26' 06" East, 442.48 feet with the easterly
  right-of-way line of said F.M. No. 521 and with the west line of
  said 9.284 acre tract to the POINT OF BEGINNING and containing
  236.039 acres of land.
         PART TWO
         BEGINNING at a 1/2-inch iron pipe with a Kalkomey Cap found
  marking the northwest corner of the aforesaid 2.559 acre tract,
  same being on the south right-of-way line of Juliff-Manvel Road,
  60.0 feet wide;
         Thence North 86° 58' 17" East, 240.76 feet with the north line
  of said 2.559 acre tract and with the south right-of-way line of
  Juliff-Manvel Road to a 1/2-inch iron pipe with a Kalkomey Cap found
  marking the northeast corner of said 2.559 acre tract and the
  northwest corner of that certain tract called 10.3 acres conveyed
  to Fabian Valdez by an instrument of record in Volume 2500, Page
  1181 of the Official Records of Fort Bend County (F.B.C.O.R.);
         Thence South 02° 50' 17" East, 528.91 feet with the east line
  of said 2.559 acre tract and with the west line of said 10.3 acre
  tract to a 1/2-inch iron pipe with a Kalkomey Cap found for corner,
  the southeast corner of said 2.559 acre tract;
         Thence North 64° 38' 41" West, 271.49 feet departing said west
  line and with a south line of said 2.559 acre tract to a 1/2-inch
  iron pipe with a Kalkomey Cap found for corner, the southwest corner
  of said 2.559 acre tract;
         Thence North 03° 03' 00' West, 399.85 feet with the west line
  of said 2.559 acre tract to the POINT OF BEGINNING and containing
  2.558 acres of land.
         Said Part One and Part Two containing a total of 238.597 acres
  of land.
         SECTION 3.  The legislature finds that:
               (1)  proper and 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 by
  the constitution and laws of this state, including the governor,
  who has submitted the notice and Act to the Texas Commission on
  Environmental Quality;
               (2)  the Texas Commission on Environmental Quality has
  filed its recommendations relating to this Act with the governor,
  lieutenant governor, and speaker of the house of representatives
  within the required time;
               (3)  the general law relating to consent by political
  subdivisions to the creation of districts with conservation and
  reclamation powers and the inclusion of land in those districts has
  been complied with; and
               (4)  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 have
  been 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 hereby certify that S.B. No. 1977 passed the Senate on
  May 1, 2007, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1977 passed the House on
  May 9, 2007, by the following vote:  Yeas 144, Nays 0, two present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor