89R15109 SCR-F
By: Kitzman H.B. No. 5665
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Waller County Municipal Utility
District No. 70; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
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 8019A to read as follows:
CHAPTER 8019A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 70
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8019A.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Waller County Municipal
Utility District No. 70.
Sec. 8019A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8019A.0103. CONFIRMATION AND DIRECTOR 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. 8019A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8019A.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district as required by
applicable law.
Sec. 8019A.0105. 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, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8019A.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting 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.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8019A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 8019A.0202, directors
serve staggered four-year terms.
Sec. 8019A.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Lisa Angell;
(2) Josh Bouquet;
(3) Tyler Nunez;
(4) Steven Tennis; and
(5) Courtney Wilcox.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8019A.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8019A.0103 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 8019A.0103; 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.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8019A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8019A.0302. 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. 8019A.0303. AUTHORITY FOR ROAD PROJECTS. Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, or a
municipality for operation and maintenance macadamized, graveled,
or paved roads, or improvements, including storm drainage, in aid
of those roads.
Sec. 8019A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) 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 road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8019A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 8019A.0306. DIVISION OF DISTRICT. This chapter
applies to any new district created by the division of the district
under Section 49.316, Water Code, and a new district has all the
powers and duties of the district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8019A.0401. 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
8019A.0403.
(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. 8019A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8019A.0401, 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. 8019A.0403. 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.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8019A.0501. 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. 8019A.0502. 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. 8019A.0503. 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. 70 initially includes all the territory contained in the
following area:
FIELD NOTES FOR A 209.7636 ACRE TRACT OF LAND OUT OF A
253.5235 ACRE TRACT OF LAND CONTAINING A 26.3883 ACRE TRACT
(RESIDUE OF TRACT 2 BEING CALLED 126.655 ACRES IN VOLUME 880, PAGE
482 OFFICIAL PUBLIC RECORDS) & A 27.1352 ACRE TRACT OF LAND BEING
MADE UP OF A 126.640 ACRE TRACT (CALLED TRACT 1 IN VOLUME 880, PAGE
482 OFFICIAL PUBLIC RECORDS) AND A PORTION OF THE 126.655 ACRE TRACT
(CALLED TRACT 2 IN VOLUME 880, PAGE 482 OFFICIAL PUBLIC RECORDS)
BEING LOCATED IN THE ISAAC DONOHO SURVEY, ABSTRACT 121 AND THE JAMES
BAKER SURVEY, ABSTRACT 11, WALLER COUNTY, TEXAS.
BEGINNING: At a 1/2 inch iron rod found in the East
right-of-way line of Blumberg Road (80 foot width as fenced) for the
Northwest corner of both the herein described tract and of the above
called Tract 1, said point being the Southwest corner of a 5.000
acre tract (Volume 1379, Page 546 Official Public Records);
THENCE: North 86 ° 53' 00" East with the North line of the
herein described tract and the South line of the 5.000 acre tract
and the South line of the residue of a 30.000 acre tract (Volume
562, Page 921 Official Public Records) passing 2 streams at a
distance of 3085.14 feet passing a 1/2 inch iron rod found for
reference and continuing on for a total distance of 3185 .14 feet to
a point in the center line of Clear Creek for the Northeast corner
of the herein described tract and the Southeast corner of the
residue of the 30.000 acre tract;
THENCE: With the center line of Clear Creek for the East line
of the herein described tract the following:
South 05 ° 28' 17" East a distance of 44.69 feet to a point;
South 57 ° 31' 1 O" West a distance of 84.62 feet to a point;
South 49 ° 14' 55" West a distance of 107.95 feet to a point;
South 05 ° 19' 51" East a distance of 139 .80 feet to a point;
South 53 ° 56' 03" East a distance of213.96 feet to a point;
South 04 ° 42' 16" West a distance of 102.65 feet to a point;
South 75 ° 35' 31" West a distance of 134.71 feet to a point;
South 82 ° 11' 12" West a distance of 146.83 feet to a point;
South 15 ° 25' 09" West a distance of 178.19 feet to a point;
South 77 ° 12' 16" West a distance of284.71 feet to a point;
South 14 ° 32' 02" West a distance of 186.43 feet to a point;
South 07 ° 51' 23" West a distance of291.98 feet to a point;
South 21 ° 43' 27" East a distance of 280.63 feet to a point;
South 76 ° 34' 55" East a distance of 131.62 feet to a point;
South 05 ° 17' 05" West a distance of 148.32 feet to a point;
South 64 ° 13' 49" West a distance of 95.23 feet to a point;
South 08 ° 46' 16" East a distance of 290.01 feet to a point;
North 83 ° 17' 03" West a distance of 94.83 feet to a point;
South 51 ° 09' 45" West a distance of 48.57 feet to a point;
South 22 ° 38' 08 11 East a distance of 82.86 feet to a point;
South 47 ° 06' 35" West a distance of 174.53 feet to a point;
South 70 ° 26' 44 11 West a distance of 323.06 feet to a point;
South 03 ° 25' 46 11 East a distance of 104.56 feet to a point;
South 73 ° 58' 49 11 West a distance of 82.53 feet to a point;
South 10 ° 00' 14" West a distance of 149.56 feet to a point;
South 31 ° 36' l 8 11 West a distance of 134.30 feet to a point;
South 30 ° 42' 52 11 East a distance of 193.08 feet to a point;
South 68 ° 06' 52 11 West a distance of 232.04 feet to a point;
South 14 ° 49' 27" West a distance of232.91 feet to a point;
South 05 ° 27' 43 11 East a distance of 223.66 feet to a point;
South 23 ° 20' 42" West a distance of 108.18 feet to a point;
South 09 ° 19' 58 11 East a distance of 220.50 feet to a point;
South 83 ° 24' 4 3" East a distance of 129. 70 feet to a point;
South 10 ° 4 7' 06" East a distance of 212.48 feet to a point
for the Southeast corner of the herein described tract and a
Northeast corner of a called 148.446 acre tract (Volume 569 , Page
202 Official Public Records);
THENCE: South 86 ° 03' 40" West at a distance of 100.00 feet
passing a 1/2 inch iron rod found for reference, continuing on for a
total distance of 1552.29 feet to a 30 inch tree found being the
called deed corner of the 148.446 acre tract for a Southwest corner
of the herein described tract, from said point a concrete monument
found bears South 87 ° 42' 40 11 West a distance of 8.58 feet;
THENCE: North 03 ° 33' 20" West a distance of 1155.65 feet with
the common line of this tract and the 148.446 acre tract to a
concrete monument found for a Northeast corner of the 148.446 acre
tract and an angle point for a West line of the herein described
tract and being the Southeast corner of the residue of the above
253.5235 acre tract;
THENCE: North 03 ° 20' 21 11 West a distance of 134.02 feet
with the West line of the Donoho Survey, Abstract 121 and the East
line of the Baker Survey, Abstract 11, to a 1/2 inch iron rod set for
an interior corner of this tract;
THENCE: North 16 ° 34' 51" West a distance of 1227.60 feet to
a1/2 inch iron rod set for an interior corner of this tract and the
Northeast corner of the residue of the above 253.5235 acre tract;
THENCE: With the common line of this tract and the residue of
the above 253.5235 acre tract the following:
With a curve to the right having a radius of 696.00 feet, a
length of 344.41 feet with a chord bearing of North 72 ° 20' 50" West
a distance of 340.91 feet to a1/2 inch iron rod set at the end of
said curve;
North 58° 10' 16" West a distance of 247.63 feet to a1/2 inch
iron rod set at the beginning of a curve to the left;
With a curve to the left having a radius of 9.00 feet, a
length of 13.92 feet with a chord bearing of South 77° 30' 31" West
with a distance of 12.58 feet to a1/2 inch iron rod set at the end of
said curve;
North 57° 41' 35" West a distance of 16.00 feet to a 1/2 inch
iron rod set in the East line of Blumberg Road for the Westernmost
Southwest corner of the herein described tract and the Northwest
corner of the residue of the above 253.5235 acre tract;
THENCE: With the Southeast line of Blumberg Road and the West
line of the herein described tract the following:
North 33° 11' 18" East a distance of 125.07 feet to a 1/2 inch
iron rod found;
With a curve to the left having a radius of 2730.26 feet, a
length of 697.42 feet with a chord bearing of North 25° 32' 07'' East
and a distance of 695.53 feet to a 1/2 inch iron rod found;
North 18° 31' 13" East a distance of 530.28 feet to the PLACE
OF BEGINNING and containing 209.7636 acres of land.
All bearings recited hereon are based GPS observation, Texas
South-Central Zone.
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. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8019A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8019A.0307 to read as
follows:
Sec. 8019A.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. 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, 2025.