By: Hegar S.B. No. 607
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Waller County Municipal Utility
  District No. 18; 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 8448 to read as follows:
  CHAPTER 8448.  WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 18
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8448.001.  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. 18.
         Sec. 8448.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8448.003.  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. 8448.004.  CONSENT OF MUNICIPALITY REQUIRED.  The
  temporary directors may not hold an election under Section 8448.003
  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.
         Sec. 8448.005.  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. 8448.006.  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. 8448.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8448.052, directors serve
  staggered four-year terms.
         Sec. 8448.052.  TEMPORARY DIRECTORS.  (a)  On or after the
  effective date of the Act enacting 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 commission 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 8448.003; 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 8448.003 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 8448.003; 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.
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8448.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8448.102.  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. 8448.103.  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. 8448.104.  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, zoning and
  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. 8448.105.  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.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8448.151.  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 8448.153.
         (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. 8448.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8448.151, 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. 8448.153.  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.
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 8448.201.  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. 8448.202.  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. 8448.203.  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. 18 initially includes all the territory contained in the
  following area:
         Being 826.853 acres of land located in the Nathan Brookshire
  League, Abstract 16, Waller County, Texas, more particularly being
  a portion of that certain called 512.81 acre tract conveyed to NBI
  PROPERTIES, INC., by an instrument of record in Volume 1272, Page
  838 of the Waller County Official Public Records (W.C.O.P.R.), all
  of that certain called 63.00 acre tract conveyed to WOODS ROAD &
  I-10 INVESTMENTS, INC., by an instrument of record in Volume 1334,
  Page 445, W.C.O.P.R., a portion of that certain called 89.10 acre
  tract conveyed to WOODS ROAD & I-10 INVESTMENTS, INC. by an
  instrument of record in Volume 1334, Page 457, W.C.O.P.R., all of
  that certain called 16.93 acre tract conveyed to WOODS ROAD & I-10
  INVESTMENTS, INC. by an instrument of record in Volume 1334, Page
  467, W.C.O.P.R., and a portion of that certain called 190.91 acre
  tract conveyed to WOODS ROAD & I-10 INVESTMENTS, INC. by an
  instrument executed to be effective as of December 21, 2012, said
  826.853 acres being more particularly described in two parts by
  metes and bounds as follows (all bearings are assumed);
         PART 1
         BEGINNING at the south corner of said 512.81 acre tract, also
  being in the northwest right-of-way line of F.M. Highway 359
  (100-feet wide) and being on the common county line of Waller County
  and Fort Bend County, Texas;
         Thence, North 35° 56' 35" West, along the west line of said
  512.81 acres, 2,251.49 feet to a point for corner, the beginning of
  a curve;
         Thence, continuing along said west line, 432.35 feet along
  the arc of a tangent curve to the left having a radius of 2,960.16
  feet, a central angle of 08° 22' 06", and a chord which bears North
  40° 07' 38" West, 431.96 feet to a point for corner;
         Thence, North 44° 17' 27" West, continuing along said west
  line 466.43 feet to a point for corner;
         Thence, North 45° 32' 32" East, leaving said west line, 219.66
  feet to a point for corner;
         Thence, North 39° 01' 07" East, 312.51 feet to a point for
  corner;
         Thence, North 32° 29' 44" East, 312.51 feet to a point for
  corner;
         Thence, North 25° 58' 19" East, 312.50 feet to a point for
  corner;
         Thence, North 19° 26' 57" East, 312.51 feet to a point for
  corner;
         Thence, North 12° 55' 32" East, 312.50 feet to a point for
  corner;
         Thence, North 06° 24' 08" East, 312.50 feet to a point for
  corner;
         Thence, North 00° 07' 15" West, 306.77 feet to a point for
  corner;
         Thence, North 02° 16' 25" West, 1,497.83 feet to a point for
  corner on a southerly line of Partition Tract 1 of a partition of a
  called 150.0909 acre tract recorded in Volume 152, Page 268, Waller
  County Deed Records (W.C.D.R.) also being on the north line of
  aforementioned 89.10 acre tract, from which the northwest corner of
  said 89.10 acre tract bears South 87° 34' 14" West, 467.86 feet;
         Thence, North 87° 34' 14" East, along the common line of said
  Partition Tract 1 and said 89.10 acre tract, 467.86 feet to a point
  for corner being the northwest corner of that certain called 10.00
  acre tract conveyed to William Kirkland Brookshire by an instrument
  of record in Volume 1261, Page 745, W.C.O.P.R.;
         Thence, along the common line of said 10.00 acre tract and
  said 89.10 acre tract, the following six (6) courses:
         1.  South 14° 04 '22" West, 246.28 feet to a point for corner;
         2.  South 40° 43' 26" West, 47.92 feet to a point for corner;
         3.  South 55° 47' 07" West, 98.99 feet to a point for corner;
         4.  South 70° 00' 30" West, 188.93 feet to a point for corner;
         5.  North 87° 34' 14" East, 1,420.55 feet to a point for
  corner;
         6.  North 02° 07' 41" West, 380.25 feet to a point for corner,
  being on the aforementioned common line of said Partition Tract 1
  and said 89.10 acre tract;
         Thence, North 87° 34' 14" East, along said common line,
  1,540.58 feet to a point for corner, being the northwest corner of
  that certain called 17.2825 acre tract, conveyed to Kohinoor Group,
  L.P. by an instrument of record in Volume 1293, Page 107,
  W.C.O.P.R.,
         Thence, South 02° 30' 41" East, along the common line of said
  17.2825 acre tract and the aforementioned 89.10 acre tract, 199.61
  feet to a point for corner, being the southwest corner of said
  17.2825 acre tract;
         Thence, North 87° 34' 14" East, continuing along said common
  line, 3,771.58 feet to a point for corner, being the northeast
  corner of aforementioned 89.10 acre tract, also being on the common
  survey line of aforementioned Nathan Brookshire League, Abstract 16
  and the H.H. Pennington Survey, Abstract 322, Waller County, Texas;
         Thence, South 02° 30' 41" East, along the east line of said
  89.10 acre tract and the east line of aforementioned 16.93 acre
  tract and said common survey line, 677.74 feet to a point for
  corner;
         Thence, South 02° 34' 03" East, continuing along said east
  line of said 89.10 acre tract, said common survey line and the
  aforementioned 190.91 acre tract, at 972.77 feet passing the common
  corner of said H. H. Pennington Survey and the H.& T.C. R.R. Co.
  Survey, Section 75, Abstract 155, Waller County, Texas, and
  continuing along the common survey line of said Nathan Brookshire
  League, Abstract 16, and said H.& T.C. R.R. Co. Survey, Section 75,
  Abstract 155, for a total distance of 1,010.05 feet to a point for
  corner, being the southeast corner of said 190.91 acre tract;
         Thence, South 87° 43' 24" West, leaving said common survey
  line, along the south line of said 190.81 acre tract, 963.88 feet to
  a point for corner, being the most northerly northeast corner of the
  aforementioned 512.81 acre tract;
         Thence, South 02° 40' 16" East, along an east line of said
  512.81 acre tract, 956.04 feet to a point for corner;
         Thence, North 87° 47' 23" East, along a north line of said
  512.81 acre tract, 917.94 feet to a point for corner, being on the
  west right-of-way line of Woods Road (80-feet wide);
         Thence, South 02° 40' 45" East, along the common line of said
  Woods Road and said 512.81 acre tract, 845.74 feet to a point for
  corner, being on the common county line of said Waller County and
  Fort Bend County, Texas;
         Thence, South 64° 48' 51" West, along said common county line
  and the southeast line of said 512.81 acre tract, 6,445.42 feet to
  the POINT OF BEGINNING and containing 763.858 acres of land;
         PART 2
         COMMENCING for reference at the northwest corner of the
  aforementioned 89.10 acre tract, same being the southwest corner of
  the aforementioned Partition Tract 1;
         Thence, North 02° 16' 25" East, along the west line of said
  Partition Tract 1, 53.63 feet to a point;
         Thence, North 87° 52' 19" East, along the north line of said
  Partition Tract 1, 2,230.79 feet to the POINT OF BEGINNING, also
  being the southwest corner of the aforementioned 63.00 acre tract;
         Thence, North 02° 56' 36" West, along the west line of said
  63.00 acre tract, 896.19 feet to a point for corner;
         Thence, North 02° 13' 46" West, continuing along the west line
  of said 63.00 acre tract, 363.94 feet to a point for corner;
         Thence, North 03° 34' 46" West, continuing along the west line
  of said 63.00 acre tract, 703.01 feet to a point for corner, being
  the northwest corner of said 63.00 acre tract;
         Thence, North 86° 29' 35" East, along the north line of said
  63.00 acre tract, 1,396.67 feet to a point for corner being the
  northeast corner of said 63.00 acre tract;
         Thence, South 02° 33' 43" East, along the east line of said
  63.00 acre tract, 1,996.49 feet to a point for corner, being the
  southeast corner of said 63.00 acre tract and on the north line of
  aforementioned Partition Tract 1;
         Thence, South 87° 52' 19" West, along the common line of said
  63.00 acre tract and said Partition Tract 1, 1,380.18 feet to the
  POINT OF BEGINNING and containing 62.995 acres of land.
         Said Part One and Part Two containing a total of 826.853 acres
  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.  (a)  If this Act does not receive a two-thirds
  vote of all the members elected to each house, Subchapter C, Chapter
  8448, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8448.106 to read as follows:
         Sec. 8448.106.  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 Subsection (c),
  Section 17, 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, 2013.