80R3960 HLT-F

By: Zerwas H.B. No. 1856

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Waller County Municipal Utility District No. 1; 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 8205 to read as follows: CHAPTER 8205. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8205.001. 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. 1.

Sec. 8205.002. NATURE OF DISTRICT. The district is a municipal utility district in Waller County created under and essential to accomplish the purposes of Section 52, Article III, and Section 59, Article XVI, Texas Constitution.

Sec. 8205.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8205.024 before September 1, 2011:

(1) the district is dissolved September 1, 2011, except that the district shall:

(A) pay any debts incurred;

(B) transfer to Waller County any assets that remain after the payment of debts; and

(C) maintain the organization of the district until all debts are paid and remaining assets are transferred; and

(2) this chapter expires September 1, 2014.

Sec. 8205.004. 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 8205.005-8205.020 reserved for expansion] SUBCHAPTER A-1. TEMPORARY PROVISIONS

Sec. 8205.021. TEMPORARY DIRECTORS. (a) The temporary board consists of:

(1) ;

(2) ;

(3) ;

(4) ; and

(5) .

(b) If a temporary director fails to qualify for office, the Texas Commission on Environmental Quality shall appoint a person to fill the vacancy.

(c) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 8205.024; or

(2) the date this chapter expires under Section 8205.003.

Sec. 8205.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS. As soon as practicable after all the temporary directors have qualified under Section 49.055, Water Code, the temporary directors shall meet at a location in the district agreeable to a majority of the directors. If a location cannot be agreed upon, the directors shall meet at the Waller County Courthouse. At the meeting, the temporary directors shall elect officers from among the temporary directors and conduct any other district business.

Sec. 8205.023. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8205.024 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. 8205.024. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. The temporary directors shall hold an election to confirm the creation of the district and to elect five directors as provided by Section 49.102, Water Code.

Sec. 8205.025. INITIAL ELECTED DIRECTORS; TERMS. The directors elected under Section 8205.024 shall draw lots to determine which two shall serve until the first regularly scheduled election of directors and which three shall serve until the second regularly scheduled election of directors.

Sec. 8205.026. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2014. [Sections 8205.027-8205.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8205.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five directors.

(b) Directors serve staggered four-year terms. [Sections 8205.052-8205.100 reserved for expansion] SUBCHAPTER C. POWERS AND DUTIES

Sec. 8205.101. 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. 8205.102. ROAD PROJECTS. (a) 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 all applicable construction standards, zoning and subdivision requirements, and regulations of:

(1) each municipality in whose corporate limits or extraterritorial jurisdiction the district is located; and

(2) each county in whose jurisdiction 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 resolution.

Sec. 8205.103. DIVISION OF DISTRICT. (a) The district may be divided into two new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) The division procedure is prescribed by Sections 53.030 through 53.041, Water Code.

(c) Any new district created by the division of the district has all the powers and duties of the district.

(d) Any new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 2 of the Act creating this chapter.

Sec. 8205.104. COMPLIANCE WITH MUNICIPAL CONSENT RESOLUTIONS. The district shall comply with all applicable requirements of any resolution, adopted by the governing body of a municipality, that consents to the creation of the district or to the inclusion of land in the district. [Sections 8205.105-8205.150 reserved for expansion] SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8205.151. TAX TO REPAY BONDS. The district may impose a tax to pay the principal of or interest on bonds or other obligations issued under Section 8205.201. [Sections 8205.152-8205.200 reserved for expansion] SUBCHAPTER E. BONDS

Sec. 8205.201. 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 a project under Section 8205.101 or 8205.102.

(b) The district may not issue bonds or other obligations to finance projects authorized by Section 8205.102 unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election called for that purpose.

(c) Bonds or other obligations issued or incurred to finance projects authorized by Section 8205.102 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. 1 includes all the territory contained in the following area: FIELD NOTES FOR A 1,445.765 ACRE TRACT OF LAND IN THE WILLIS MCCUTCHEON SURVEY, SECTION 52, ABSTRACT 310, THE H. & T. C. RAILROAD COMPANY SURVEY SECTION 49, ABSTRACT 142, AND THE J. G. BENNETT SURVEY SECTION 50, ABSTRACT 288, WALLER COUNTY, TEXAS, SAID 1,445.765 ACRE TRACT BEING COMPRISED OF THE RESIDUE OF THAT CERTAIN CALLED 712.2456 ACRE TRACT (TRACT ONE), THE RESIDUE OF THAT CERTAIN CALLED 418.7200 ACRE TRACT (TRACT TWO), THE RESIDUE OF THAT CERTAIN CALLED 323.1954 ACRE TRACT (TRACT THREE) AND THE RESIDUE OF THAT CERTAIN CALLED 20.3927 ACRE TRACT (TRACT FOUR), EACH BEING DESCRIBED IN DEED RECORDED IN VOLUME 461, PAGE 389, DEED RECORDS, WALLER COUNTY, TEXAS, WITH ALL BEARINGS BEING GRID, TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD83(1993), BASED UPON GPS OBSERVATIONS OF FORT BEND COUNTY MONUMENT FBO5, X=2,945,512.29 FEET, Y=13,833,936.82 FEET.

BEGINNING at a ½ inch iron pipe with cap marked "Kalkomey Surveying" found in the east right-of-way line of F. M. Highway 362 (100-feet wide) for the southwest corner of said called 418.7200 acre tract (Tract Two), same being the northwest corner of an adjoining called 20.00 acre tract described in deed recorded in Volume 0540, Page 687, Official Records, Waller County, Texas, for the upper southwest corner and Place of Beginning of the herein described 1,445.765 acre tract of land, said point also being in the occupied south right-of-way line of Stockdick Road (width varies), and having coordinates of X=2,932,307.51 feet, Y=13,867,184.67 feet;

THENCE North 02 degrees 09 minutes 32 seconds West (called North 00 degrees 04 minutes 29 seconds East) along the west line of the herein described tract and the west line of said called 418.7200 acre tract (Tract Two), same being the east right-of-way line of F. M. Highway 362, 4,262.55 feet to a 3/8 inch iron rod found on said line for corner, being the southwest corner of an adjoining called 1.033 acre tract described in deed recorded in Volume 363, Page 258, Deed Records, Waller County, Texas;

THENCE North 87 degrees 57 minutes 30 seconds East along the common line of the herein described tract and said adjoining called 1.033 acre tract, 149.77 feet to a 5/8 inch iron rod found for a reentry corner to the herein described tract, same being the southeast corner of said adjoining called 1.033 acre tract;

THENCE North 02 degrees 05 minutes 19 seconds West continuing along said common line, 387.35 feet to a ½ inch iron rod found for corner, same being the northeast corner of said adjoining called 1.033 acre tract, and being in the south line of an adjoining called 2.024 acre tract and a called 0.689 acre tract described in deed recorded in Volume 0563, Page 746, Official Records, Waller County, Texas;

THENCE North 87 degrees 41 minutes 13 seconds East along the common line of the herein described tract and said adjoining called 2.024 acre tract and called 0.689 acre tract, 200.00 feet to a ½ inch iron pipe with cap marked "Kalkomey Surveying" set for a reentry corner to the herein described tract, same being the southeast corner of said adjoining called 2.024 acre tract and called 0.689 acre tract;

THENCE North 02 degrees 12 minutes 02 seconds West continuing along said common line, 300.00 feet to a 318 inch iron rod found for a reentry corner to the herein described tract, same being the northeast corner of said adjoining called 2.024 acre tract and called 0.689 acre tract;

THENCE South 87 degrees 46 minutes 05 seconds West continuing along said common line, 350.00 feet to a ½ inch iron rod found for corner, same being the northwest corner of said adjoining called 2.024 acre tract and called 0.689 acre tract, said point also being in the east right-of-way line of F. M. Highway 362, same being the west line of the aforementioned called 418.7200 acre tract (Tract Two);

THENCE North 02 degrees 08 minutes 50 seconds West (called North 00 degrees 04 minutes 29 seconds East) along the west line of the herein described tract and the west line of said called 418.7200 acre tract (Tract Two), same being the east right-of-way line of F. M. Highway 362, 866.57 feet to a 1 - inch iron pipe found on said line for angle point, said point being the northwest corner of said called 418.7200 acre tract (Tract Two), same being the upper southwest corner of the aforementioned called 712.2456 acre tract (Tract One);

THENCE North 02 degrees 29 minutes 39 seconds West (called North 00 degrees 27 minutes 45 seconds West) continuing along the west line of the herein described tract and the west line of said called 712.2456 acre tract (Tract One), same being the east right-of-way line of F. M. Highway 362, 3,762.38 feet to a 5/8 inch iron rod found for the lower northwest corner of the herein described tract, same being the southwest corner of an adjoining called 5.1769 acre tract described in deed recorded in Volume 402, Page 113, Deed Records, Waller County, Texas;

THENCE North 87 degrees 03 minutes 59 seconds East along the common line of the herein described tract and said adjoining called 5.1769 acre tract, 497.49 feet to a ½ inch iron pipe with cap marked "Kalkomey Surveying" set for a reentry corner to the herein described tract, same being the southeast corner of said adjoining called 5.1769 acre tract;

THENCE North 02 degrees 42 minutes 49 seconds West continuing along said common line, 452.79 feet to a ½ inch iron pipe with cap marked "Kalkomey Surveying" set for corner, being the northeast corner of said adjoining called 5.1769 acre tract, and being in a north line of said called 712.2456 acre tract (Tract One), same being the south line of an adjoining called 8.9955 acre tract described in deed recorded in Volume 0581, Page 914, Official Records, Waller County, Texas;

THENCE North 87 degrees 28 minutes 24 seconds East (called North 89 degrees 30 minutes 16 seconds East) along a north line of the herein described tract and a north line of the aforementioned called 712.2456 acre tract (Tract One), same being the south line of said adjoining called 8.9955 acre tract, the south line of an adjoining called 2.0884 acre tract described in deed recorded in Volume 0581, Page 910, Official Records, Waller County, Texas, and the south line of an adjoining called 2.9116 acre tract described in deed recorded in Volume 309, Page 817, Deed Records, Waller County, Texas, 520.80 feet to a ½ inch iron pipe found for a reentry corner to the herein described tract and a reentry corner to said called 712.2456 acre tract (Tract One), same being the southeast corner of said adjoining called 2.9116 acre tract;

THENCE North 02 degrees 31 minutes 12 seconds West (called North 00 degrees 30 minutes 47 seconds West) along the common line of the herein described tract and said adjoining called 2.9116 acre tract, 571.89 feet (called 571.89 feet) to a ½ inch iron pipe found for the upper northwest corner of the herein described tract and the upper northwest corner of said called 712.2456 acre tract (Tract One), same being the northeast corner of said adjoining called 2.9116 acre tract, and being in the south right- of-way line of F.M. Highway 529 (120-feet wide);

THENCE South 89 degrees 01 minute 25 seconds East (called South 86 degrees 59 minutes 03 seconds East) along the upper north line of the herein described tract and the upper north line of said called 712.2456 acre tract (Tract One), same being the south right-of-way line of F. M. Highway 529, 1,308.92 feet (called 1,308.92 feet) to a concrete monument found on said line at the beginning of a curve to the left;

THENCE along said curve to the left having a central angle of 03 degrees 05 minutes 02 seconds (called 03 degrees 05 minutes 02 seconds), a radius of 11,519.20 feet (called 11,519.20 feet), an arc length of 620.01 feet (called 620.01 feet), and a chord bearing North 89 degrees 26 minutes 03 seconds East, 619.94 feet (called South 88 degrees 31 minutes 35 seconds East, 619.94 feet) to a concrete monument found at the Point of Tangency of said curve;

THENCE North 87 degrees 53 minutes 33 seconds East (called North 89 degrees 55 minutes 27 seconds East) continuing along the upper north line of the herein described tract and the upper north line of said called 712.2456 acre tract (Tract One), same being the south right-of-way line of F. M. Highway 529, at 1,836.20 feet pass a concrete monument found on said line, and continuing for a total distance of 3,146.99 feet (called 3,146.76 feet) to a 3/4 inch iron pipe with cap marked "Kalkomey Surveying" set at a found 1-inch iron bar (leaning) for the northeast corner of the herein described tract and the northeast corner of said called 712.2456 acre tract (Tract One), same being the northwest corner of an adjoining called 264.963 acre tract described in deed recorded in Volume 0755, Page 243, Official Records, Waller County, Texas, said point being in the east line of the aforementioned Willis McCutcheon Survey, Abstract 310, same being the west line of the adjoining H. & T. C. Railroad Company Survey, Section 67, Abstract 151, and having coordinates of X=2,937,968.33 feet, Y=13,877,926.07 feet, from which point a found 1-inch iron pipe bears North 20 degrees 23 minutes 23 seconds West, 1.30 feet (called North, 1.40 feet);

THENCE South 02 degrees 02 minutes 24 seconds East (called South 00 degrees 00 minutes 43 seconds East, adjoiner called South 00 degrees 30 minutes 33 seconds East) along the east line of the herein described tract, the east line of said called 712.2456 acre tract (Tract One), and the east line of said Willis McCutcheon Survey, Section 52, Abstract 310, same being the west line of said adjoining called 264.963 acre tract, and the west line of said adjoining H. & T. C. Railroad Company Survey, Section 67, Abstract 151, 3,902.92 feet (adjoiner called 3,902.92 feet) to a 3/4 inch iron pipe with cap marked "Kalkomey Surveying" set for angle point, being the southwest corner of said adjoining called 264.963 acre tract, same being the northwest corner of an adjoining called 160.695 acre tract described in deed recorded in Volume 0839, Page 392, Official Records, Waller County, Texas;

THENCE South 02 degrees 04 minutes 21 seconds East (called South 00 degrees 00 minutes 43 seconds East) continuing along the east line of the herein described tract, the east line of said called 712.2456 acre tract (Tract One), and the east line of said Willis McCutcheon Survey, Section 52, Abstract 310, same being the west line of said adjoining called 160.695 acre tract, and the west line of said adjoining H. & T. C. Railroad Company Survey, Section 67, Abstract 151, 1,313.38 feet to a 4-inch iron pipe found in the centerline of a north-south ditch for angle point, being the southwest corner of said adjoining called 160.695 acre tract, and the southwest corner of said adjoining H. & T. C. Railroad Company Survey, Section 67, Abstract 151, same being the northwest corner of an adjoining called 492.753 acre tract described in deed recorded in Volume 480, Page 261, Deed Records, Waller County, Texas, and the northwest corner of the adjoining J. G. Bennett Survey, Section 68, Abstract 289;

THENCE South 01 degree 58 minutes 56 seconds East (called South 00 degrees 14 minutes 37 seconds West, adjoiner called South 00 degrees 28 minutes 22 seconds East) continuing along the east line of the herein described tract, the east line of said called 712.2456 acre tract (Tract One), and the east line of said Willis McCutcheon Survey, Section 52, Abstract 310, same being the west line of said adjoining called 492.793 acre tract, and the west line of said adjoining J. G. Bennett Survey, Abstract 289, at 29.30 feet pass a point on said line for the southeast corner of said called 712.2456 acre tract (Tract One) and the southeast corner of said Willis McCutcheon Survey, Section 52, Abstract 310, same being the northeast corner of the aforementioned called 323.1954 acre tract (Tract Three) and the northeast corner of said H. & T. C. Railroad Company Survey, Section 49, Abstract 142, and continuing for a total distance of 5,083.43 feet to a ½ inch iron pipe with cap marked "Kalkomey Surveying" set over a found ½ inch iron pipe with 20-inches of cover for the upper southeast corner of the herein described tract, same being the northeast corner of an adjoining called 20.00 acre tract described in deed recorded in Volume 0512, Page 852, Official Records, Waller County, Texas;

THENCE South 87 degrees 46 minutes 17 seconds West (adjoiner called West) along the common line of the herein described tract and said adjoining called 20.00 acre tract, 1,551.76 feet (adjoiner called 1,551.76 feet) to a ½ inch iron pipe with cap marked "Kalkomey Surveying" set for a reentry corner to the herein described tract, same being the northwest corner of said adjoining called 20.00 acre tract;

THENCE South 01 degree 58 minutes 56 seconds East continuing along said common line, at 228.10 feet pass the south line of said H. & T. C. Railroad Company Survey, Section 49, Abstract 142, same being the north line of the aforementioned J. G. Bennett Survey, Abstract 288, and continuing for a total distance of 561.43 feet (called 561.43 feet) to a ½ inch iron pipe found for the lower southeast corner of the herein described tract, same being the southwest corner of said adjoining called 20.00 acre tract, said point being in the south line of the aforementioned called 20.3927 acre tract (Tract Four), same being the north line of the residue of an adjoining called 257.144 acre tract described in deed recorded in Volume 0543, Page 037, Official Records, Waller County, Texas;

THENCE South 87 degrees 47 minutes 43 seconds West (called West) along the lower south line of the herein described tract and the south line of said called 20.3927 acre tract (Tract Four), same being the north line of said adjoining residue of a called 257.144 acre tract, at 662.27 feet pass a ½ inch iron pipe found on said line, and continuing for a total distance of 1,112.56 feet to a 5/8 inch iron rod with cap marked "DTM COMPANY" found for the lower southwest corner of the herein described tract and the southwest corner of said called 20.3927 acre tract (Tract Four), same being the northwest corner of said adjoining residue of a called 257.144 acre tract, and being in the east line of the adjoining called Tracts 73, 74, 75, and 76 of Sport Flyer's Estates Subdivision (unrecorded) recorded in Volume 0639, Page 609, Official Records, Waller County, Texas;

THENCE North 01 degree 55 minutes 18 seconds West (called North 01 degree 00 minutes 12 seconds East) along the common line of the herein described tract and said adjoining Tract 73 (Sport Flyer's Estates Subdivision), 332.92 feet (called 333.28 feet) to a ½ inch iron pipe found for a reentry corner to the herein described tract, being the northwest corner of said called 20.3927 acre tract (Tract Four), same being the southwest corner of the aforementioned called 323.1954 acre tract (Tract Three), the southeast corner of the aforementioned called 418.7200 acre tract (Tract Two), and the northeast corner of said adjoining Tract 73 (Sport Flyer's Estates Subdivision), said point also being in the common line of said J. G. Bennett Survey, Abstract 288, and said H. & T. C. Railroad Company Survey, Section 49, Abstract 142, and being in the occupied south right-of-way line of Stockdick Road;

THENCE South 87 degrees 59 minutes 59 seconds West (called North 89 degrees 46 minutes 53 seconds West) along the south line of the herein described tract, the south line of said called 418.7200 acre tract (Tract Two), the south line of said H. & T. C. Railroad Company Survey, Section 49, Abstract 142, and the occupied south right-of-way line of Stockdick Road, same being the north line of said adjoining J. G. Bennett Survey, Abstract 288, and the north line of said adjoining Tracts 73, 74, 75, and 76 (Sport Flyer's Estates Subdivision), at 834.14 feet pass a ½ inch iron pipe found on said line for the northwest corner of said adjoining Tract 76 (Sport Flyer's Estates Subdivision), same being the northeast corner of an adjoining called 22.00 acre tract described in deed recorded in Volume 0543, Page 906, Official Records, Waller County, Texas, at 1,881.55 feet pass a ½ inch iron pipe with cap marked "Kalkomey Surveying" found on said line for the northwest corner of said adjoining called 22.00 acre tract, same being the northeast corner of the aforementioned adjoining called 20.00 acre tract described in deed recorded in Volume 0540, Page 687, Official Records, Waller County, Texas, and continuing for a total distance of 3,371.67 feet (called 3,371.54 feet) to the Place of Beginning and containing 1,445.765 acres of land, 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.