Texas 2009 - 81st Regular

Texas Senate Bill SB1072 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6256 HLT-D
2	2	By: Hegar S.B. No. 1072
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Waller County Municipal Utility
8	8	District No. 13; providing authority to impose a tax and issue
9	9	bonds; granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8336 to read as follows:
13	13	CHAPTER 8336. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 13
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8336.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Waller County Municipal
19	19	Utility District No. 13.
20	20	Sec. 8336.002. NATURE OF DISTRICT. The district is a
21	21	municipal utility district created under Section 59, Article XVI,
22	22	Texas Constitution.
23	23	Sec. 8336.003. CONFIRMATION AND DIRECTORS' ELECTION
24	24	REQUIRED. The temporary directors shall hold an election to
25	25	confirm the creation of the district and to elect five permanent
26	26	directors as provided by Section 49.102, Water Code.
27	27	Sec. 8336.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
28	28	The district is created to serve a public purpose and benefit.
29	29	(b) The district is created to accomplish the purposes of:
30	30	(1) a municipal utility district as provided by
31	31	general law and Section 59, Article XVI, Texas Constitution; and
32	32	(2) Section 52, Article III, Texas Constitution, that
33	33	relate to the construction, acquisition, or improvement of
34	34	macadamized, graveled, or paved roads described by Section 54.234,
35	35	Water Code, or improvements, including storm drainage, in aid of
36	36	those roads.
37	37	Sec. 8336.005. INITIAL DISTRICT TERRITORY. (a) The
38	38	district is initially composed of the territory described by
39	39	Section 2 of the Act creating this chapter.
40	40	(b) The boundaries and field notes contained in Section 2 of
41	41	the Act creating this chapter form a closure. A mistake made in the
42	42	field notes or in copying the field notes in the legislative process
43	43	does not affect the district's:
44	44	(1) organization, existence, or validity;
45	45	(2) right to issue any type of bond for the purposes
46	46	for which the district is created or to pay the principal of and
47	47	interest on a bond;
48	48	(3) right to impose a tax; or
49	49	(4) legality or operation.
50	50	[Sections 8336.006-8336.050 reserved for expansion]
51	51	SUBCHAPTER B. BOARD OF DIRECTORS
52	52	Sec. 8336.051. GOVERNING BODY; TERMS. (a) The district is
53	53	governed by a board of five elected directors.
54	54	(b) Except as provided by Section 8336.052, directors serve
55	55	staggered four-year terms.
56	56	Sec. 8336.052. TEMPORARY DIRECTORS. (a) On or after the
57	57	effective date of the Act creating this chapter, the owner or owners
58	58	of a majority of the assessed value of the real property in the
59	59	district may submit a petition to the Texas Commission on
60	60	Environmental Quality requesting that the commission appoint as
61	61	temporary directors the five persons named in the petition. The
62	62	commission shall appoint as temporary directors the five persons
63	63	named in the petition.
64	64	(b) Temporary directors serve until the earlier of:
65	65	(1) the date permanent directors are elected under
66	66	Section 8336.003; or
67	67	(2) the fourth anniversary of the effective date of
68	68	the Act creating this chapter.
69	69	(c) If permanent directors have not been elected under
70	70	Section 8336.003 and the terms of the temporary directors have
71	71	expired, successor temporary directors shall be appointed or
72	72	reappointed as provided by Subsection (d) to serve terms that
73	73	expire on the earlier of:
74	74	(1) the date permanent directors are elected under
75	75	Section 8336.003; or
76	76	(2) the fourth anniversary of the date of the
77	77	appointment or reappointment.
78	78	(d) If Subsection (c) applies, the owner or owners of a
79	79	majority of the assessed value of the real property in the district
80	80	may submit a petition to the commission requesting that the
81	81	commission appoint as successor temporary directors the five
82	82	persons named in the petition. The commission shall appoint as
83	83	successor temporary directors the five persons named in the
84	84	petition.
85	85	[Sections 8336.053-8336.100 reserved for expansion]
86	86	SUBCHAPTER C. POWERS AND DUTIES
87	87	Sec. 8336.101. GENERAL POWERS AND DUTIES. The district has
88	88	the powers and duties necessary to accomplish the purposes for
89	89	which the district is created.
90	90	Sec. 8336.102. MUNICIPAL UTILITY DISTRICT POWERS AND
91	91	DUTIES. The district has the powers and duties provided by the
92	92	general law of this state, including Chapters 49 and 54, Water Code,
93	93	applicable to municipal utility districts created under Section 59,
94	94	Article XVI, Texas Constitution.
95	95	Sec. 8336.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
96	96	Section 52, Article III, Texas Constitution, the district may
97	97	design, acquire, construct, finance, issue bonds for, improve, and
98	98	convey to this state, a county, or a municipality for operation and
99	99	maintenance macadamized, graveled, or paved roads described by
100	100	Section 54.234, Water Code, or improvements, including storm
101	101	drainage, in aid of those roads.
102	102	(b) The district may exercise the powers provided by this
103	103	section without submitting a petition to or obtaining approval from
104	104	the Texas Commission on Environmental Quality as required by
105	105	Section 54.234, Water Code.
106	106	Sec. 8336.104. APPROVAL OF ROAD PROJECT. (a) The district
107	107	may not undertake a road project authorized by Section 8336.103
108	108	unless:
109	109	(1) each municipality or county that will operate and
110	110	maintain the road has approved the plans and specifications of the
111	111	road project, if a municipality or county will operate and maintain
112	112	the road; or
113	113	(2) the Texas Transportation Commission has approved
114	114	the plans and specifications of the road project, if the state will
115	115	operate and maintain the road.
116	116	(b) Except as provided by Subsection (a), the district is
117	117	not required to obtain approval from the Texas Transportation
118	118	Commission to design, acquire, construct, finance, issue bonds for,
119	119	improve, or convey a road project.
120	120	Sec. 8336.105. LIMITATION ON USE OF EMINENT DOMAIN. The
121	121	district may not exercise the power of eminent domain outside the
122	122	district to acquire a site or easement for:
123	123	(1) a road project authorized by Section 8336.103; or
124	124	(2) a recreational facility as defined by Section
125	125	49.462, Water Code.
126	126	[Sections 8336.106-8336.150 reserved for expansion]
127	127	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
128	128	Sec. 8336.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
129	129	district may issue, without an election, bonds and other
130	130	obligations secured by:
131	131	(1) revenue other than ad valorem taxes; or
132	132	(2) contract payments described by Section 8336.153.
133	133	(b) The district must hold an election in the manner
134	134	provided by Chapters 49 and 54, Water Code, to obtain voter approval
135	135	before the district may impose an ad valorem tax or issue bonds
136	136	payable from ad valorem taxes.
137	137	(c) The district may not issue bonds payable from ad valorem
138	138	taxes to finance a road project unless the issuance is approved by a
139	139	vote of a two-thirds majority of the district voters voting at an
140	140	election held for that purpose.
141	141	Sec. 8336.152. OPERATION AND MAINTENANCE TAX. (a) If
142	142	authorized at an election held under Section 8336.151, the district
143	143	may impose an operation and maintenance tax on taxable property in
144	144	the district in accordance with Section 49.107, Water Code.
145	145	(b) The board shall determine the tax rate. The rate may not
146	146	exceed the rate approved at the election.
147	147	Sec. 8336.153. CONTRACT TAXES. (a) In accordance with
148	148	Section 49.108, Water Code, the district may impose a tax other than
149	149	an operation and maintenance tax and use the revenue derived from
150	150	the tax to make payments under a contract after the provisions of
151	151	the contract have been approved by a majority of the district voters
152	152	voting at an election held for that purpose.
153	153	(b) A contract approved by the district voters may contain a
154	154	provision stating that the contract may be modified or amended by
155	155	the board without further voter approval.
156	156	[Sections 8336.154-8336.200 reserved for expansion]
157	157	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
158	158	Sec. 8336.201. AUTHORITY TO ISSUE BONDS AND OTHER
159	159	OBLIGATIONS. The district may issue bonds or other obligations
160	160	payable wholly or partly from ad valorem taxes, impact fees,
161	161	revenue, contract payments, grants, or other district money, or any
162	162	combination of those sources, to pay for any authorized district
163	163	purpose.
164	164	Sec. 8336.202. TAXES FOR BONDS. At the time the district
165	165	issues bonds payable wholly or partly from ad valorem taxes, the
166	166	board shall provide for the annual imposition of a continuing
167	167	direct ad valorem tax, without limit as to rate or amount, while all
168	168	or part of the bonds are outstanding as required and in the manner
169	169	provided by Sections 54.601 and 54.602, Water Code.
170	170	Sec. 8336.203. BONDS FOR ROAD PROJECTS. At the time of
171	171	issuance, the total principal amount of bonds or other obligations
172	172	issued or incurred to finance road projects and payable from ad
173	173	valorem taxes may not exceed one-fourth of the assessed value of the
174	174	real property in the district.
175	175	SECTION 2. The Waller County Municipal Utility District No.
176	176	13 initially includes all the territory contained in the following
177	177	area:
178	178	Being 992.903 acres of land located in the Randolph Foster
179	179	League, Abstract 27 and the William Cooper League, Abstract 20,
180	180	Waller County, Texas, more particularly being all of that certain
181	181	called 499.664 acre tract conveyed to Ralston-Cannon Ventures,
182	182	Inc., by instrument of record in Volume 1114, Page 327, Official
183	183	Public Records, of said Waller County (W.C.O.P.R.), being all of
184	184	that certain called 482.947 acre tract conveyed to NBI Properties,
185	185	Inc., by instrument of record in Volume 0989, Page 144, W.C.O.P.R.,
186	186	being all of that certain called 3.278 acre tract conveyed to NBI
187	187	Properties, Inc., by instrument of record in Volume 0998, Page 753,
188	188	W.C.O.P.R., and being all of that certain called 6.834 acre tract
189	189	conveyed to NBI Properties, Inc., by instrument of record in Volume
190	190	0989, Page 700, W.C.O.P.R., said 992.903 acres being more
191	191	particularly described in two (2) parts by metes and bounds as
192	192	follows (all bearings are assumed);
193	193	PART ONE
194	194	BEGINNING at the southeast corner of said 499.664 acre tract,
195	195	same being the northeast corner of that certain called 29.9947 acre
196	196	tract conveyed to Chambico Interests, LP, by instrument of record
197	197	in Volume 0677, Page 373, W.C.O.P.R., and on the west right-of-way
198	198	line of F.M. No. 1489 (called 80 feet wide);
199	199	Thence, with the south line of said 499.664 acre tract, the
200	200	following five (5) courses:
201	201	1) South 89 31' 43" West (called South 89 23' 31" West),
202	202	1065.36 feet to a point for corner;
203	203	2) South 87 55' 29" West, 2986.99 feet to a point for
204	204	corner;
205	205	3) South 88 07' 06" West, 2949.35 feet to a point for
206	206	corner;
207	207	4) South 87 46' 47" West, 3606.21 feet to a point for corner;
208	208	5) South 87 55' 27" West, 2833.31 feet to the southwest
209	209	corner of said 499.664 acre tract;
210	210	Thence, with the west line of said 499.664 acre tract, North
211	211	01 44' 59" West, 1611.15 feet to the northwest corner of said
212	212	499.664 acre tract and on the south right-of-way line of House Road;
213	213	Thence, with the common line of said 499.664 acre tract and
214	214	said House Road, the following six (6) courses:
215	215	1) North 72 30' 34" East, 46.40 feet to a point for corner;
216	216	2) North 87 58' 35" East, 491.59 feet to a point for corner;
217	217	3) North 88 02' 11" East, 2147.62 feet to a point for
218	218	corner;
219	219	4) North 88 01' 07" East, 3754.63 feet to a point for
220	220	corner;
221	221	5) North 87 36' 28" East, 4012.81 feet to a point for
222	222	corner;
223	223	6) North 88 21' 12" East, 3211.55 feet to the northeast
224	224	corner of said 499.664 acre tract, same being on the westerly line
225	225	of said F.M. 1489, the beginning of a curve;
226	226	Thence, with the common line of said 499.664 acre tract and
227	227	said F.M. 1489, the following four (4) courses:
228	228	1) 602.97 feet along the arc of a non-tangent curve to the
229	229	left, having a radius of 565.93 feet, a central angle of 61 00' 55"
230	230	and a which that bears South 26 30' 51" West, 574.60 feet to a point
231	231	for corner;
232	232	2) South 03 59' 49" East, 263.55 feet to a point for corner;
233	233	3) South 04 59' 49" East, 544.73 feet to a point for corner,
234	234	the beginning of a curve;
235	235	4) 329.68 feet along the arc of a tangent curve to the right,
236	236	having a radius of 5650.90 feet, a central angle of 03 20' 34" and a
237	237	chord which bears South 03 19' 34" East, 329.64 feet to the POINT OF
238	238	BEGINNING and containing 499.664 acre of land.
239	239	PART TWO
240	240	BEGINNING at the southwest corner of said 482.947 acre tract,
241	241	same being the southeast corner of that certain called 103.78720
242	242	acre tract conveyed to Kathryn H. Ilkeston, et al, by instrument of
243	243	record in Volume 350, Page 326, Deed Records of said Waller County
244	244	and on the north right-of-way line of House Road;
245	245	Thence, with the west line of said 482.947 acre tract, North
246	246	03 02' 04" West (called North 00 52' 24" West), 1304.57 feet to a
247	247	point for corner;
248	248	Thence, continuing with said west line, North 02 08' 53"
249	249	West, 1850.50 feet to the most westerly northwest corner of said
250	250	482.947 acre tract and on the centerline of Bessies Creek;
251	251	Thence, with the centerline meanders of said Bessies Creek,
252	252	the following six (6) courses:
253	253	1) North 79 48' 27" East, 197.73 feet to a point for corner;
254	254	2) North 68 12' 19" East, 344.11 feet to a point for corner;
255	255	3) North 64 07' 29" East, 208.78 feet to a point for corner;
256	256	4) North 35 02' 19" East, 418.79 feet to a point for corner;
257	257	5) North 11 07' 11" West, 218.71 feet to a point for corner;
258	258	6) North 14 58' 51" West, 436.16 feet to the most northerly
259	259	northwest corner of 482.947 acre tract;
260	260	Thence, leaving said centerline and with the north line of
261	261	said 482.947 acre tract, the following six (6) courses:
262	262	1) North 78 44' 01" East, 975.55 feet to a point for corner;
263	263	2) North 89 00' 25" East, 680.04 feet to a point for corner;
264	264	3) North 27 20' 56" West, 538.55 feet to a point for corner;
265	265	4) North 67 43' 18" East, 344.81 feet to a point for corner;
266	266	5) North 25 43' 59" West, 227.15 feet to a point for corner;
267	267	6) North 78 39' 40" East, 1611.48 feet to a point for corner
268	268	on the centerline of said Bessies Creek;
269	269	Thence, with said centerline, North 31 29' 52" West, 575.59
270	270	feet to a point for corner;
271	271	Thence, leaving said centerline and with a north line of said
272	272	482.947 acre tract, North 88 24' 18" East, 780.78 feet to the
273	273	northeast corner of said 482.947 acre tract and on the westerly
274	274	right-of-way of F.M. 1489;
275	275	Thence, with the common line of said 482.947 acre tract and
276	276	said F.M. 1489, the following twenty-seven (27) courses:
277	277	1) South 37 42' 45" West, 110.88 feet to a point for corner;
278	278	2) South 40 00' 51" West, 69.11 feet to a point for corner;
279	279	3) South 27 38' 51" West, 81.14 feet to a point for corner;
280	280	4) South 27 20' 09" West, 77.68 feet to a point for corner;
281	281	5) South 09 16' 15" West, 93.70 feet to a point for corner;
282	282	6) South 08 52' 56" West, 60.52 feet to a point for corner;
283	283	7) South 05 47' 43" East, 101.83 feet to a point for corner;
284	284	8) South 07 28' 46" East, 117.60 feet to a point for corner;
285	285	9) South 28 03' 02" East, 95.96 feet to a point for corner;
286	286	10) South 28 15' 46" East, 246.70 feet to a point for
287	287	corner;
288	288	11) South 26 58' 49" East, 232.17 feet to a point for
289	289	corner;
290	290	12) South 20 22' 15" East, 252.67 feet to a point for
291	291	corner;
292	292	13) South 17 19' 53" East, 234.53 feet to a point for
293	293	corner;
294	294	14) South 11 44' 03" East, 219.28 feet to a point for
295	295	corner;
296	296	15) South 03 38' 42" West, 145.35 feet to a point for
297	297	corner;
298	298	16) South 09 11' 28" West, 217.48 feet to a point for
299	299	corner;
300	300	17) South 14 26' 28" West, 64.85 feet to a point for corner;
301	301	18) South 15 59' 19" West, 219.47 feet to a point for
302	302	corner;
303	303	19) South 20 51' 07" West, 401.08 feet to a point for
304	304	corner;
305	305	20) South 24 38' 22" West, 168.84 feet to a point for
306	306	corner;
307	307	21) South 28 01' 52" West, 317.25 feet to a point for
308	308	corner;
309	309	22) South 21 36' 21" West, 189.02 feet to a point for
310	310	corner;
311	311	23) South 05 30' 40" West, 171.26 feet to a point for
312	312	corner;
313	313	24) South 01 49' 13" East, 160.76 feet to a point for
314	314	corner;
315	315	25) South 14 05' 04" East, 160.47 feet to a point for
316	316	corner;
317	317	26) South 25 24' 35" East, 150.63 feet to a point for
318	318	corner;
319	319	27) South 28 36' 29" East, 200.09 feet to the most easterly
320	320	southeast corner of said 482.947 acre tract, same being the
321	321	northeast corner of the aforementioned 3.278 acre tract;
322	322	Thence, with the easterly lines of said 3.278 acre tract and
323	323	the aforementioned 6.834 acre tract and the westerly line of said
324	324	F.M. 1489, the following six (6) courses:
325	325	1) South 30 23' 37" East, 780.49 feet to a point for corner,
326	326	the beginning of a curve;
327	327	2) 332.20 feet along the arc of a tangent curve to the left,
328	328	having a radius of 767.23 feet, a central angle of 24 48' 29" and a
329	329	chord which bears South 42 47' 59" East, 329.61 feet to a point for
330	330	corner;
331	331	3) South 56 11' 24" East, 386.83 feet to a point for corner,
332	332	the beginning of a curve;
333	333	4) 317.66 feet along the arc of a non-tangent curve to the
334	334	right, having a radius of 437.46 feet, a central angle of 41 36' 20"
335	335	and a chord which bears South 18 40' 20" East, 310.73 feet to a
336	336	point for corner, the beginning of a curve;
337	337	5) 5.72 feet along the arc of a non-tangent curve to the
338	338	right, having a radius of 246.48 feet, a central angle of 01 19' 47"
339	339	and a chord which bears South 21 02' 41" West, 5.72 feet to a point
340	340	for corner;
341	341	6) South 21 42' 36" West, 144.05 feet to the most southerly
342	342	corner of said 6.834 acre tract and on the centerline of said
343	343	Bessies Creek;
344	344	Thence, with said centerline, the following four (4) courses:
345	345	1) North 71 22' 05" West (called North 71 22' 01"West),
346	346	30.30 feet to a point for corner;
347	347	2) North 56 05' 11" West, 240.88 feet to a point for corner;
348	348	3) North 54 21' 07" West, 180.76 feet to a point for corner;
349	349	4) North 38 10' 22" West, 789.28 feet to a point for corner
350	350	on an easterly line of the aforementioned 482.947 acre tract;
351	351	Thence, leaving said centerline and with said easterly line,
352	352	South 05 44' 49" West, 1149.00 feet to the southeast corner of said
353	353	482.947 acre tract, same being on the north line of the said F.M.
354	354	1489;
355	355	Thence, with the common line of said 482.947 acre tract and
356	356	said F.M. 1489, South 87 47' 50" West, 886.43 feet to a point for
357	357	corner;
358	358	Thence, continuing with the south line of said 482.947 acre
359	359	tract and the north lines of said F.M. 1489 and the aforementioned
360	360	House Road, South 87 55' 08" West, 1336.29 feet to a point for
361	361	corner;
362	362	Thence, continuing with the south line of said 482.947 acre
363	363	tract and the north line of said House Road, South 88 21' 12" West,
364	364	2025.20 feet to the POINT OF BEGINNING and containing 493.239 acres
365	365	of land.
366	366	Said Part One and Part Two containing a total of 992.903 acre
367	367	of land.
368	368	SECTION 3. (a) The legal notice of the intention to
369	369	introduce this Act, setting forth the general substance of this
370	370	Act, has been published as provided by law, and the notice and a
371	371	copy of this Act have been furnished to all persons, agencies,
372	372	officials, or entities to which they are required to be furnished
373	373	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
374	374	Government Code.
375	375	(b) The governor, one of the required recipients, has
376	376	submitted the notice and Act to the Texas Commission on
377	377	Environmental Quality.
378	378	(c) The Texas Commission on Environmental Quality has filed
379	379	its recommendations relating to this Act with the governor, the
380	380	lieutenant governor, and the speaker of the house of
381	381	representatives within the required time.
382	382	(d) All requirements of the constitution and laws of this
383	383	state and the rules and procedures of the legislature with respect
384	384	to the notice, introduction, and passage of this Act are fulfilled
385	385	and accomplished.
386	386	SECTION 4. This Act takes effect immediately if it receives
387	387	a vote of two-thirds of all the members elected to each house, as
388	388	provided by Section 39, Article III, Texas Constitution. If this
389	389	Act does not receive the vote necessary for immediate effect, this
390	390	Act takes effect September 1, 2009.