| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the creation of the Waller County Municipal Utility |
|
|
District No. 22; 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 7919 to read as follows: |
|
|
CHAPTER 7919. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 22 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 7919.001. 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. 22. |
|
|
Sec. 7919.002. NATURE OF DISTRICT. The district is a |
|
|
municipal utility district created under Section 59, Article XVI, |
|
|
Texas Constitution. |
|
|
Sec. 7919.003. 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. 7919.004. CONSENT OF MUNICIPALITY REQUIRED. The |
|
|
temporary directors may not hold an election under Section 7919.003 |
|
|
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. 7919.005. 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. 7919.006. 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. 7919.051. GOVERNING BODY; TERMS. (a) The district is |
|
|
governed by a board of five elected directors. |
|
|
(b) Except as provided by Section 7919.052, directors serve |
|
|
staggered four-year terms. |
|
|
Sec. 7919.052. 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 7919.003; 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 7919.003 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 7919.003; 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. 7919.101. GENERAL POWERS AND DUTIES. The district has |
|
|
the powers and duties necessary to accomplish the purposes for |
|
|
which the district is created. |
|
|
Sec. 7919.102. 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. 7919.103. 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. 7919.104. 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, |
|
|
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. 7919.105. 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. 7919.151. 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 7919.153. |
|
|
(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. 7919.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
|
authorized at an election held under Section 7919.151, 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. 7919.153. 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. 7919.201. 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. 7919.202. 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. 7919.203. 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. |
|
|
22 initially includes all the territory contained in the following |
|
|
area: |
|
|
Being a 524.55 acre tract of land in the W. Hillhouse Survey, |
|
|
Abstract 136, Waller County, Texas, the F.L. Smith Survey, Abstract |
|
|
252, Waller County, Texas, the D. Warren Survey, Abstract 394, |
|
|
Waller County, Texas, the W. Rogerson Survey, Abstract 245, Waller |
|
|
County, Texas, the R. Watson Survey, Abstract 271, Waller County, |
|
|
being out of a called 2023.4232 acre tract of land as recorded under |
|
|
Volume 883, Page 590 of the Real Property Records Waller County, and |
|
|
Montgomery County Clerk's File No. 2005-063061. Said 524.55 acre |
|
|
tract, being more particularly described as follows: |
|
|
BEGINNING at a fence corner for the northeasterly corner of a |
|
|
called 229.0 acre tract of land as recorded in Volume 72, Page 124 |
|
|
of the Deed records of Waller County, Texas, also being the |
|
|
southerly line of a 300.0 acre tract of land as recorded in Volume |
|
|
72, Page 124 of the Deed Records of Waller County, Texas and being a |
|
|
northwesterly corner of herein described tract; |
|
|
THENCE N 87 deg. 06' 38" E along the southerly line of said |
|
|
300.0 acre tract, a distance of 1331.72 feet to a 2" iron pipe for a |
|
|
southeasterly corner of said 300.0 acre tract, and being a |
|
|
northwesterly corner of herein described tract; |
|
|
THENCE N 03 deg. 25' 19" W along the easterly line of said |
|
|
300.0 acre tract, a distance of 511.73 feet to a 2" iron pipe found |
|
|
on the easterly line of said 300.0 acre tract, also being the |
|
|
southwesterly corner of a 20.0 acre tract as recorded in Volume |
|
|
1395, Page 146, of the Deed Records of Waller County, Texas and |
|
|
being a corner of herein described tract; |
|
|
THENCE N 86 deg. 50' 55" E along the southerly line of said |
|
|
20.0 acre tract, a distance of 2302.05 feet to a 2" iron pipe for the |
|
|
southeasterly corner of said 20.0 acre tract, and being a corner of |
|
|
herein described tract; |
|
|
THENCE across the said 2023.4232 acre tract of land as |
|
|
follows: |
|
|
THENCE S 05deg26'33" E, a distance of 897.80' to a point |
|
|
for corner |
|
|
THENCE S 12deg11'39" E, a distance of 614.73' to a point |
|
|
for corner |
|
|
THENCE S 37deg13'01" E, a distance of 1044.87' to a |
|
|
point for corner |
|
|
THENCE S 50deg13'03" W, a distance of 936.60' to a point |
|
|
for corner |
|
|
THENCE S 01deg42'32" E, a distance of 291.80' to a point |
|
|
for corner |
|
|
THENCE S 48deg32'01" E, a distance of 1741.71' to a |
|
|
point for corner |
|
|
THENCE S 48deg32'01" E, a distance of 265.75' to a point |
|
|
for corner |
|
|
THENCE S 21deg57'56" W, a distance of 516.18' to a point |
|
|
for corner |
|
|
THENCE S 46deg27'00" W, a distance of 923.73' to a point |
|
|
for corner |
|
|
THENCE S 12deg09'48" W, a distance of 629.46' to a point |
|
|
for corner |
|
|
THENCE S 02deg17'52" W, a distance of 899.56' to a point |
|
|
for corner |
|
|
THENCE S 16deg33'53" W, a distance of 668.46' to a point |
|
|
for corner |
|
|
THENCE S 41deg36'33" E, a distance of 292.69' to a point |
|
|
for corner |
|
|
THENCE S 08deg13'31" E, a distance of 417.47' to a point |
|
|
for corner |
|
|
THENCE S 89deg47'45" W, a distance of 1008.22' to a |
|
|
point for corner |
|
|
THENCE N 03deg54'50" E, a distance of 607.93' to a point |
|
|
for corner |
|
|
THENCE with a curve turning to the left with an arc |
|
|
length of 2201.68', having a radius of 1400.00', a chord which |
|
|
bears N 41deg08'19" W, a chord length of 1981.71'; |
|
|
THENCE N 86deg11'28" W, a distance of 215.01' to a point |
|
|
for corner |
|
|
THENCE with a curve turning to the right with an arc |
|
|
length of 1228.20', having a radius of 2800.00', a chord which |
|
|
bears N 14deg24'14" E, a chord length of 1218.38'; |
|
|
THENCE N 26deg58'13" E, a distance of 188.08' to a point |
|
|
for corner |
|
|
THENCE with a curve turning to the right with an arc |
|
|
length of 158.92', having a radius of 2000.00', a chord which |
|
|
bears N 53deg27'06" W, a chord length of 158.88'; |
|
|
THENCE N 51deg10'31" W, a distance of 411.07' to a point |
|
|
for corner |
|
|
THENCE with a curve turning to the left with an arc |
|
|
length of 610.49', having a radius of 2000.00', a chord which |
|
|
bears N 59deg55'12" W, a chord length of 608.12'; |
|
|
THENCE N 22deg31'16" E, a distance of 241.81' to a point |
|
|
for corner |
|
|
THENCE N 11deg24'02" W, a distance of 920.79' to a point |
|
|
for corner |
|
|
THENCE S 87deg24'30" W, a distance of 976.07' to a point for |
|
|
corner in the easterly line of the said 229.0 acre tract, and being |
|
|
the southwesterly corner of the herein described tract; |
|
|
THENCE N 03deg 02' 22" W along the westerly line of the said |
|
|
229.00 acre tract a distance of 2551.74 to the POINT OF BEGINNING, |
|
|
and containing 524.55 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. (a) If this Act does not receive a two-thirds |
|
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
|
7919, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 7919.106 to read as follows: |
|
|
Sec. 7919.106. 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 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, 2015. |
|
|
|
|
|
* * * * * |