81R6256 HLT-D
By: Hegar S.B. No. 1072
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Waller County Municipal Utility
District No. 13; providing authority to impose a tax and issue
bonds; granting a limited 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 8336 to read as follows:
CHAPTER 8336. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 13
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8336.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Waller County Municipal
Utility District No. 13.
Sec. 8336.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8336.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8336.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, or improvement of
macadamized, graveled, or paved roads described by Section 54.234,
Water Code, or improvements, including storm drainage, in aid of
those roads.
Sec. 8336.005. 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 made 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 the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 8336.006-8336.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8336.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8336.052, directors serve
staggered four-year terms.
Sec. 8336.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
temporary directors the five persons named in the petition. The
commission shall appoint as temporary directors the five persons
named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8336.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8336.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8336.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
[Sections 8336.053-8336.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8336.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8336.102. 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. 8336.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the Texas Commission on Environmental Quality as required by
Section 54.234, Water Code.
Sec. 8336.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8336.103
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 8336.105. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8336.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8336.106-8336.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8336.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8336.153.
(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 payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8336.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8336.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8336.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 8336.154-8336.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8336.201. 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, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8336.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8336.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Waller County Municipal Utility District No.
13 initially includes all the territory contained in the following
area:
Being 992.903 acres of land located in the Randolph Foster
League, Abstract 27 and the William Cooper League, Abstract 20,
Waller County, Texas, more particularly being all of that certain
called 499.664 acre tract conveyed to Ralston-Cannon Ventures,
Inc., by instrument of record in Volume 1114, Page 327, Official
Public Records, of said Waller County (W.C.O.P.R.), being all of
that certain called 482.947 acre tract conveyed to NBI Properties,
Inc., by instrument of record in Volume 0989, Page 144, W.C.O.P.R.,
being all of that certain called 3.278 acre tract conveyed to NBI
Properties, Inc., by instrument of record in Volume 0998, Page 753,
W.C.O.P.R., and being all of that certain called 6.834 acre tract
conveyed to NBI Properties, Inc., by instrument of record in Volume
0989, Page 700, W.C.O.P.R., said 992.903 acres being more
particularly described in two (2) parts by metes and bounds as
follows (all bearings are assumed);
PART ONE
BEGINNING at the southeast corner of said 499.664 acre tract,
same being the northeast corner of that certain called 29.9947 acre
tract conveyed to Chambico Interests, LP, by instrument of record
in Volume 0677, Page 373, W.C.O.P.R., and on the west right-of-way
line of F.M. No. 1489 (called 80 feet wide);
Thence, with the south line of said 499.664 acre tract, the
following five (5) courses:
1) South 89 31' 43" West (called South 89 23' 31" West),
1065.36 feet to a point for corner;
2) South 87 55' 29" West, 2986.99 feet to a point for
corner;
3) South 88 07' 06" West, 2949.35 feet to a point for
corner;
4) South 87 46' 47" West, 3606.21 feet to a point for corner;
5) South 87 55' 27" West, 2833.31 feet to the southwest
corner of said 499.664 acre tract;
Thence, with the west line of said 499.664 acre tract, North
01 44' 59" West, 1611.15 feet to the northwest corner of said
499.664 acre tract and on the south right-of-way line of House Road;
Thence, with the common line of said 499.664 acre tract and
said House Road, the following six (6) courses:
1) North 72 30' 34" East, 46.40 feet to a point for corner;
2) North 87 58' 35" East, 491.59 feet to a point for corner;
3) North 88 02' 11" East, 2147.62 feet to a point for
corner;
4) North 88 01' 07" East, 3754.63 feet to a point for
corner;
5) North 87 36' 28" East, 4012.81 feet to a point for
corner;
6) North 88 21' 12" East, 3211.55 feet to the northeast
corner of said 499.664 acre tract, same being on the westerly line
of said F.M. 1489, the beginning of a curve;
Thence, with the common line of said 499.664 acre tract and
said F.M. 1489, the following four (4) courses:
1) 602.97 feet along the arc of a non-tangent curve to the
left, having a radius of 565.93 feet, a central angle of 61 00' 55"
and a which that bears South 26 30' 51" West, 574.60 feet to a point
for corner;
2) South 03 59' 49" East, 263.55 feet to a point for corner;
3) South 04 59' 49" East, 544.73 feet to a point for corner,
the beginning of a curve;
4) 329.68 feet along the arc of a tangent curve to the right,
having a radius of 5650.90 feet, a central angle of 03 20' 34" and a
chord which bears South 03 19' 34" East, 329.64 feet to the POINT OF
BEGINNING and containing 499.664 acre of land.
PART TWO
BEGINNING at the southwest corner of said 482.947 acre tract,
same being the southeast corner of that certain called 103.78720
acre tract conveyed to Kathryn H. Ilkeston, et al, by instrument of
record in Volume 350, Page 326, Deed Records of said Waller County
and on the north right-of-way line of House Road;
Thence, with the west line of said 482.947 acre tract, North
03 02' 04" West (called North 00 52' 24" West), 1304.57 feet to a
point for corner;
Thence, continuing with said west line, North 02 08' 53"
West, 1850.50 feet to the most westerly northwest corner of said
482.947 acre tract and on the centerline of Bessies Creek;
Thence, with the centerline meanders of said Bessies Creek,
the following six (6) courses:
1) North 79 48' 27" East, 197.73 feet to a point for corner;
2) North 68 12' 19" East, 344.11 feet to a point for corner;
3) North 64 07' 29" East, 208.78 feet to a point for corner;
4) North 35 02' 19" East, 418.79 feet to a point for corner;
5) North 11 07' 11" West, 218.71 feet to a point for corner;
6) North 14 58' 51" West, 436.16 feet to the most northerly
northwest corner of 482.947 acre tract;
Thence, leaving said centerline and with the north line of
said 482.947 acre tract, the following six (6) courses:
1) North 78 44' 01" East, 975.55 feet to a point for corner;
2) North 89 00' 25" East, 680.04 feet to a point for corner;
3) North 27 20' 56" West, 538.55 feet to a point for corner;
4) North 67 43' 18" East, 344.81 feet to a point for corner;
5) North 25 43' 59" West, 227.15 feet to a point for corner;
6) North 78 39' 40" East, 1611.48 feet to a point for corner
on the centerline of said Bessies Creek;
Thence, with said centerline, North 31 29' 52" West, 575.59
feet to a point for corner;
Thence, leaving said centerline and with a north line of said
482.947 acre tract, North 88 24' 18" East, 780.78 feet to the
northeast corner of said 482.947 acre tract and on the westerly
right-of-way of F.M. 1489;
Thence, with the common line of said 482.947 acre tract and
said F.M. 1489, the following twenty-seven (27) courses:
1) South 37 42' 45" West, 110.88 feet to a point for corner;
2) South 40 00' 51" West, 69.11 feet to a point for corner;
3) South 27 38' 51" West, 81.14 feet to a point for corner;
4) South 27 20' 09" West, 77.68 feet to a point for corner;
5) South 09 16' 15" West, 93.70 feet to a point for corner;
6) South 08 52' 56" West, 60.52 feet to a point for corner;
7) South 05 47' 43" East, 101.83 feet to a point for corner;
8) South 07 28' 46" East, 117.60 feet to a point for corner;
9) South 28 03' 02" East, 95.96 feet to a point for corner;
10) South 28 15' 46" East, 246.70 feet to a point for
corner;
11) South 26 58' 49" East, 232.17 feet to a point for
corner;
12) South 20 22' 15" East, 252.67 feet to a point for
corner;
13) South 17 19' 53" East, 234.53 feet to a point for
corner;
14) South 11 44' 03" East, 219.28 feet to a point for
corner;
15) South 03 38' 42" West, 145.35 feet to a point for
corner;
16) South 09 11' 28" West, 217.48 feet to a point for
corner;
17) South 14 26' 28" West, 64.85 feet to a point for corner;
18) South 15 59' 19" West, 219.47 feet to a point for
corner;
19) South 20 51' 07" West, 401.08 feet to a point for
corner;
20) South 24 38' 22" West, 168.84 feet to a point for
corner;
21) South 28 01' 52" West, 317.25 feet to a point for
corner;
22) South 21 36' 21" West, 189.02 feet to a point for
corner;
23) South 05 30' 40" West, 171.26 feet to a point for
corner;
24) South 01 49' 13" East, 160.76 feet to a point for
corner;
25) South 14 05' 04" East, 160.47 feet to a point for
corner;
26) South 25 24' 35" East, 150.63 feet to a point for
corner;
27) South 28 36' 29" East, 200.09 feet to the most easterly
southeast corner of said 482.947 acre tract, same being the
northeast corner of the aforementioned 3.278 acre tract;
Thence, with the easterly lines of said 3.278 acre tract and
the aforementioned 6.834 acre tract and the westerly line of said
F.M. 1489, the following six (6) courses:
1) South 30 23' 37" East, 780.49 feet to a point for corner,
the beginning of a curve;
2) 332.20 feet along the arc of a tangent curve to the left,
having a radius of 767.23 feet, a central angle of 24 48' 29" and a
chord which bears South 42 47' 59" East, 329.61 feet to a point for
corner;
3) South 56 11' 24" East, 386.83 feet to a point for corner,
the beginning of a curve;
4) 317.66 feet along the arc of a non-tangent curve to the
right, having a radius of 437.46 feet, a central angle of 41 36' 20"
and a chord which bears South 18 40' 20" East, 310.73 feet to a
point for corner, the beginning of a curve;
5) 5.72 feet along the arc of a non-tangent curve to the
right, having a radius of 246.48 feet, a central angle of 01 19' 47"
and a chord which bears South 21 02' 41" West, 5.72 feet to a point
for corner;
6) South 21 42' 36" West, 144.05 feet to the most southerly
corner of said 6.834 acre tract and on the centerline of said
Bessies Creek;
Thence, with said centerline, the following four (4) courses:
1) North 71 22' 05" West (called North 71 22' 01"West),
30.30 feet to a point for corner;
2) North 56 05' 11" West, 240.88 feet to a point for corner;
3) North 54 21' 07" West, 180.76 feet to a point for corner;
4) North 38 10' 22" West, 789.28 feet to a point for corner
on an easterly line of the aforementioned 482.947 acre tract;
Thence, leaving said centerline and with said easterly line,
South 05 44' 49" West, 1149.00 feet to the southeast corner of said
482.947 acre tract, same being on the north line of the said F.M.
1489;
Thence, with the common line of said 482.947 acre tract and
said F.M. 1489, South 87 47' 50" West, 886.43 feet to a point for
corner;
Thence, continuing with the south line of said 482.947 acre
tract and the north lines of said F.M. 1489 and the aforementioned
House Road, South 87 55' 08" West, 1336.29 feet to a point for
corner;
Thence, continuing with the south line of said 482.947 acre
tract and the north line of said House Road, South 88 21' 12" West,
2025.20 feet to the POINT OF BEGINNING and containing 493.239 acres
of land.
Said Part One and Part Two containing a total of 992.903 acre
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, 2009.