89R15109 SCR-F

By: Kitzman H.B. No. 5665

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Waller County Municipal Utility District No. 70; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 8019A to read as follows:

CHAPTER 8019A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 70

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8019A.0101. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Commission" means the Texas Commission on Environmental Quality.

(3) "Director" means a board member.

(4) "District" means the Waller County Municipal Utility District No. 70.

Sec. 8019A.0102. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 8019A.0103. CONFIRMATION AND DIRECTOR ELECTION REQUIRED. The temporary directors shall hold an election to confirm the creation of the district and to elect five permanent directors as provided by Section 49.102, Water Code.

Sec. 8019A.0104. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8019A.0103 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district as required by applicable law.

Sec. 8019A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) The district is created to serve a public purpose and benefit.

(b) The district is created to accomplish the purposes of:

(1) a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution; and

(2) Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.

Sec. 8019A.0106. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond;

(3) right to impose a tax; or

(4) legality or operation.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8019A.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 8019A.0202, directors serve staggered four-year terms.

Sec. 8019A.0202. TEMPORARY DIRECTORS. (a) The temporary board consists of:

(1) Lisa Angell;

(2) Josh Bouquet;

(3) Tyler Nunez;

(4) Steven Tennis; and

(5) Courtney Wilcox.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section 8019A.0103; or

(2) the fourth anniversary of the effective date of the Act enacting this chapter.

(c) If permanent directors have not been elected under Section 8019A.0103 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of:

(1) the date permanent directors are elected under Section 8019A.0103; or

(2) the fourth anniversary of the date of the appointment or reappointment.

(d) If Subsection (c) applies, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as successor temporary directors the five persons named in the petition. The commission shall appoint as successor temporary directors the five persons named in the petition.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8019A.0301. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 8019A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.

Sec. 8019A.0303. AUTHORITY FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.

Sec. 8019A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located.

(b) If a road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the road project must meet all applicable construction standards, subdivision requirements, and regulations of each county in which the road project is located.

(c) If the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road project.

Sec. 8019A.0305. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 54.016 or 54.0165, Water Code, and that consents to the creation of the district or to the inclusion of land in the district.

Sec. 8019A.0306. DIVISION OF DISTRICT. This chapter applies to any new district created by the division of the district under Section 49.316, Water Code, and a new district has all the powers and duties of the district.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8019A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments described by Section 8019A.0403.

(b) The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.

(c) The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.

Sec. 8019A.0402. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8019A.0401, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.

(b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election.

Sec. 8019A.0403. CONTRACT TAXES. (a) In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.

(b) A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 8019A.0501. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.

Sec. 8019A.0502. TAXES FOR BONDS. At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.

Sec. 8019A.0503. BONDS FOR ROAD PROJECTS. At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.

SECTION 2. The Waller County Municipal Utility District No. 70 initially includes all the territory contained in the following area:

FIELD NOTES FOR A 209.7636 ACRE TRACT OF LAND OUT OF A 253.5235 ACRE TRACT OF LAND CONTAINING A 26.3883 ACRE TRACT (RESIDUE OF TRACT 2 BEING CALLED 126.655 ACRES IN VOLUME 880, PAGE 482 OFFICIAL PUBLIC RECORDS) & A 27.1352 ACRE TRACT OF LAND BEING MADE UP OF A 126.640 ACRE TRACT (CALLED TRACT 1 IN VOLUME 880, PAGE 482 OFFICIAL PUBLIC RECORDS) AND A PORTION OF THE 126.655 ACRE TRACT (CALLED TRACT 2 IN VOLUME 880, PAGE 482 OFFICIAL PUBLIC RECORDS) BEING LOCATED IN THE ISAAC DONOHO SURVEY, ABSTRACT 121 AND THE JAMES BAKER SURVEY, ABSTRACT 11, WALLER COUNTY, TEXAS.

BEGINNING: At a 1/2 inch iron rod found in the East right-of-way line of Blumberg Road (80 foot width as fenced) for the Northwest corner of both the herein described tract and of the above called Tract 1, said point being the Southwest corner of a 5.000 acre tract (Volume 1379, Page 546 Official Public Records);

THENCE: North 86 ° 53' 00" East with the North line of the herein described tract and the South line of the 5.000 acre tract and the South line of the residue of a 30.000 acre tract (Volume 562, Page 921 Official Public Records) passing 2 streams at a distance of 3085.14 feet passing a 1/2 inch iron rod found for reference and continuing on for a total distance of 3185 .14 feet to a point in the center line of Clear Creek for the Northeast corner of the herein described tract and the Southeast corner of the residue of the 30.000 acre tract;

THENCE: With the center line of Clear Creek for the East line of the herein described tract the following:

South 05 ° 28' 17" East a distance of 44.69 feet to a point;

South 57 ° 31' 1 O" West a distance of 84.62 feet to a point;

South 49 ° 14' 55" West a distance of 107.95 feet to a point;

South 05 ° 19' 51" East a distance of 139 .80 feet to a point;

South 53 ° 56' 03" East a distance of213.96 feet to a point;

South 04 ° 42' 16" West a distance of 102.65 feet to a point;

South 75 ° 35' 31" West a distance of 134.71 feet to a point;

South 82 ° 11' 12" West a distance of 146.83 feet to a point;

South 15 ° 25' 09" West a distance of 178.19 feet to a point;

South 77 ° 12' 16" West a distance of284.71 feet to a point;

South 14 ° 32' 02" West a distance of 186.43 feet to a point;

South 07 ° 51' 23" West a distance of291.98 feet to a point;

South 21 ° 43' 27" East a distance of 280.63 feet to a point;

South 76 ° 34' 55" East a distance of 131.62 feet to a point;

South 05 ° 17' 05" West a distance of 148.32 feet to a point;

South 64 ° 13' 49" West a distance of 95.23 feet to a point;

South 08 ° 46' 16" East a distance of 290.01 feet to a point;

North 83 ° 17' 03" West a distance of 94.83 feet to a point;

South 51 ° 09' 45" West a distance of 48.57 feet to a point;

South 22 ° 38' 08 11 East a distance of 82.86 feet to a point;

South 47 ° 06' 35" West a distance of 174.53 feet to a point;

South 70 ° 26' 44 11 West a distance of 323.06 feet to a point;

South 03 ° 25' 46 11 East a distance of 104.56 feet to a point;

South 73 ° 58' 49 11 West a distance of 82.53 feet to a point;

South 10 ° 00' 14" West a distance of 149.56 feet to a point;

South 31 ° 36' l 8 11 West a distance of 134.30 feet to a point;

South 30 ° 42' 52 11 East a distance of 193.08 feet to a point;

South 68 ° 06' 52 11 West a distance of 232.04 feet to a point;

South 14 ° 49' 27" West a distance of232.91 feet to a point;

South 05 ° 27' 43 11 East a distance of 223.66 feet to a point;

South 23 ° 20' 42" West a distance of 108.18 feet to a point;

South 09 ° 19' 58 11 East a distance of 220.50 feet to a point;

South 83 ° 24' 4 3" East a distance of 129. 70 feet to a point;

South 10 ° 4 7' 06" East a distance of 212.48 feet to a point for the Southeast corner of the herein described tract and a Northeast corner of a called 148.446 acre tract (Volume 569 , Page 202 Official Public Records);

THENCE: South 86 ° 03' 40" West at a distance of 100.00 feet passing a 1/2 inch iron rod found for reference, continuing on for a total distance of 1552.29 feet to a 30 inch tree found being the called deed corner of the 148.446 acre tract for a Southwest corner of the herein described tract, from said point a concrete monument found bears South 87 ° 42' 40 11 West a distance of 8.58 feet;

THENCE: North 03 ° 33' 20" West a distance of 1155.65 feet with the common line of this tract and the 148.446 acre tract to a concrete monument found for a Northeast corner of the 148.446 acre tract and an angle point for a West line of the herein described tract and being the Southeast corner of the residue of the above 253.5235 acre tract;

THENCE: North 03 ° 20' 21 11 West a distance of 134.02 feet with the West line of the Donoho Survey, Abstract 121 and the East line of the Baker Survey, Abstract 11, to a 1/2 inch iron rod set for an interior corner of this tract;

THENCE: North 16 ° 34' 51" West a distance of 1227.60 feet to a1/2 inch iron rod set for an interior corner of this tract and the Northeast corner of the residue of the above 253.5235 acre tract;

THENCE: With the common line of this tract and the residue of the above 253.5235 acre tract the following:

With a curve to the right having a radius of 696.00 feet, a length of 344.41 feet with a chord bearing of North 72 ° 20' 50" West a distance of 340.91 feet to a1/2 inch iron rod set at the end of said curve;

North 58° 10' 16" West a distance of 247.63 feet to a1/2 inch iron rod set at the beginning of a curve to the left;

With a curve to the left having a radius of 9.00 feet, a length of 13.92 feet with a chord bearing of South 77° 30' 31" West with a distance of 12.58 feet to a1/2 inch iron rod set at the end of said curve;

North 57° 41' 35" West a distance of 16.00 feet to a 1/2 inch iron rod set in the East line of Blumberg Road for the Westernmost Southwest corner of the herein described tract and the Northwest corner of the residue of the above 253.5235 acre tract;

THENCE: With the Southeast line of Blumberg Road and the West line of the herein described tract the following:

North 33° 11' 18" East a distance of 125.07 feet to a 1/2 inch iron rod found;

With a curve to the left having a radius of 2730.26 feet, a length of 697.42 feet with a chord bearing of North 25° 32' 07'' East and a distance of 695.53 feet to a 1/2 inch iron rod found;

North 18° 31' 13" East a distance of 530.28 feet to the PLACE OF BEGINNING and containing 209.7636 acres of land.

All bearings recited hereon are based GPS observation, Texas South-Central Zone.

SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 4. (a) If this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 8019A, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8019A.0307 to read as follows:

Sec. 8019A.0307. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.

(b) This section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c), Article I, Texas Constitution.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.