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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Waller County Municipal Utility |
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District No. 20; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7928 to read as follows: |
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CHAPTER 7928. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 20 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7928.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Waller County Municipal |
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Utility District No. 20. |
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Sec. 7928.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7928.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 7928.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7928.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 7928.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7928.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7928.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 7928.052, directors serve |
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staggered four-year terms. |
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Sec. 7928.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Monica L. Pena; |
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(2) Rafael Garcia; |
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(3) Walker French; |
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(4) Michael Cole; and |
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(5) Adam Selwyn. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7928.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 7928.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7928.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7928.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7928.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7928.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7928.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7928.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7928.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 7928.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7928.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7928.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7928.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7928.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7928.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7928.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Waller County Municipal Utility District No. |
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20 initially includes all the territory contained in the following |
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area: |
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Being a 809.20 acre tract of land in the W. Hillhouse Survey, |
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Abstract 136, Waller County, Texas, the F.L. Smith Survey, Abstract |
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252, Waller County, Texas, the D. Warren Survey, Abstract 394, |
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Waller County, Texas, the W. Rogerson Survey, Abstract 245, Waller |
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County, Texas, the R. Watson Survey, Abstract 271, Waller County, |
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being out of a called 2023.4232 acre tract of land as recorded under |
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Volume 883, Page 590 of the Real Property Records Waller County, and |
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Montgomery County Clerk's File No. 2005-063061, and all of a called |
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803.86 acre tract of land as recorded in Volume 1330, Page 226, of |
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the Real Properties Records of Waller County, Texas. Said 809.20 |
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acre tract, being more particularly described as follows: |
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BEGINNING at 5/8" iron rod found for the southwesterly corner |
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of the Remington Forest Subdivision as recorded in Volume 1278, |
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Page 566 of the Map Records of Waller County, Texas, also being on |
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the northerly line of FM 1488, and being a southeasterly corner of |
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herein described tract; |
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THENCE S 87 deg. 27' 46" W along the northerly line of FM |
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1488, a distance of 1634.27 feet to the centerline of a creek, being |
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the southwesterly corner of the herein described tract |
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THENCE across the said 2023.4232 and the said 803.86 acre |
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tract as follows: |
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THENCE N 02deg10'05" W, a distance of 196.50' to a point |
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for corner |
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THENCE N 33deg15'32" E, a distance of 378.47' to a point |
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for corner |
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THENCE N 10deg42'18" W, a distance of 566.69' to a point |
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for corner |
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THENCE N 08deg13'31" W, a distance of 1330.08' to a |
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point for corner |
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THENCE N 08deg13'31" W, a distance of 417.47' to a point |
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for corner |
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THENCE N 41deg36'33" W, a distance of 292.69' to a point |
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for corner |
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THENCE N 16deg33'53" E, a distance of 668.46' to a point |
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for corner |
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THENCE N 02deg17'52" E, a distance of 899.56' to a point |
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for corner |
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THENCE N 12deg09'48" E, a distance of 629.46' to a point |
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for corner |
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THENCE N 46deg27'00" E, a distance of 923.73' to a point |
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for corner |
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THENCE N 21deg57'56" E, a distance of 516.18' to a point |
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for corner |
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THENCE N 48deg32'01" W, a distance of 265.75' to a point |
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for corner |
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THENCE N 39deg11'23" E, a distance of 175.18' to a point |
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for corner |
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THENCE with a curve turning to the right with an arc |
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length of 1671.08', having a radius of 3500.00', a chord which bears |
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N 52deg52'03" E, a chord length of 1655.25'; |
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THENCE N 66deg32'44" E, a distance of 498.48' to a point |
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for corner |
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THENCE with a curve turning to the left with an arc |
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length of 1904.28', having a radius of 2000.00', a chord which bears |
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N 39deg16'07" E, a chord length of 1833.16', |
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THENCE S 89deg46'05" E, a distance of 1403.20' to a point for |
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corner in the westerly line of Ranch Crest subdivision, a |
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subdivision recorded in Cabinet Z, Sheet 1741 of the Real Property |
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Records of Montgomery County, Texas |
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THENCE S 01 deg. 38' 07" E along the easterly line the said |
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803.86 acre tract, a distance of 7575.75 feet to a 5/8" iron rod |
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found for the southeasterly corner of said 803.86 acre tract, also |
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being the northeasterly corner of Remington Forest Section 1, and |
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being a corner of herein described tract; |
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THENCE along the northerly line of Remington Forest Section 1 |
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as follows: |
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THENCE N 71deg19'31" W, a distance of 175.38' to a point |
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for corner |
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THENCE N 80deg21'54" W, a distance of 315.27' to a point |
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for corner |
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THENCE S 75deg59'54" W, a distance of 89.70' to a point |
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for corner |
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THENCE N 81deg44'54" W, a distance of 110.31' to a point |
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for corner |
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THENCE S 79deg04'39" W, a distance of 153.54' to a point |
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for corner |
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THENCE N 67deg55'32" W, a distance of 323.68' to a point |
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for corner |
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THENCE S 43deg05'21" W, a distance of 324.47' to a point |
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for corner |
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THENCE N 46deg54'59" W, a distance of 73.97' to a point |
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for corner |
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THENCE S 43deg05'06" W, a distance of 70.00' to a point |
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for corner |
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THENCE S 87deg28'04" W, a distance of 2210.19' to a |
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point for corner |
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THENCE N 34deg51'23" W, a distance of 40.47' to a point |
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for corner |
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THENCE N 01deg06'12" E, a distance of 140.75' to a point |
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for corner |
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THENCE S 50deg40'50" W, a distance of 149.29' to a point for |
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corner being the northwesterly corner of Remington Forest Section 1 |
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THENCE along the westerly line of Remington Forest |
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Subdivision, S 03 deg. 10' 26" E, a distance of 1508.02 feet to the |
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POINT OF BEGINNING, and containing 809.20 acres of land, more or |
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less. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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7928, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7928.106 to read as follows: |
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Sec. 7928.106. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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* * * * * |