Bill Text: TX SB2014 | 2015-2016 | 84th Legislature | Comm Sub

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Bill Title: Relating to the creation of the Waller County Municipal Utility District No. 23; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Sponsorship: Partisan Bill (Republican 1)

Status: (N/A - Dead) 2015-04-29 - Committee report printed and distributed [SB2014 Detail]

Download: Texas-2015-SB2014-Comm_Sub.html

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By: Kolkhorst S.B. No. 2014
(In the Senate - Filed March 23, 2015; March 30, 2015, read
first time and referred to Committee on Intergovernmental
Relations; April 29, 2015, reported favorably by the following
vote: Yeas 7, Nays 0; April 29, 2015, sent to printer.)
Click here to see the committee vote

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Waller County Municipal Utility
District No. 23; 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 7920 to read as follows:
CHAPTER 7920. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 23
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7920.001. 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. 23.
Sec. 7920.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7920.003. 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. 7920.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7920.003
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. 7920.005. 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. 7920.006. 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. 7920.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7920.052, directors serve
staggered four-year terms.
Sec. 7920.052. 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 7920.003; 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 7920.003 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 7920.003; 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. 7920.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7920.102. 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. 7920.103. 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. 7920.104. 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. 7920.105. 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. 7920.151. 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 7920.153.
(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. 7920.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7920.151, 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. 7920.153. 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. 7920.201. 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. 7920.202. 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. 7920.203. 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.
23 initially includes all the territory contained in the following
area:
Being a 622.88 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 622.88 acre
tract, being more particularly described as follows:
BEGINNING at a 1" iron pipe for the southeasterly corner of a
called 81.00 acre tract of land as recorded in Volume 610, Page 578
of the deed records of Montgomery County Texas, also being the
southwesterly corner of the said 2023.4232 acre tract;
THENCE N 03 deg. 29' 36" W along the easterly line of said
81.00 acre tract, a distance of 1726.26 feet to a 1" bar found for
the northeasterly corner of said 81.00 acre tract, and being a
southwesterly corner of herein described tract;
THENCE S 86 deg. 39' 20" W along the northerly line of said
81.00 acre tract, also along the northerly line of 12.572 acre tract
as recorded under Volume 1070, Page 545 of the Deed Records of
Waller County, Texas, also along the northerly line of a 45.506 acre
tract as recorded under Volume 934, Page 241 of the Deed Records of
Waller County, Texas, a distance of 3519.08 feet to a 2" pipe on the
northerly line of said 45.506 acre tract, also being the
southeasterly corner of a 48.0 acre tract as recorded under Volume
1017, Page 070 of the Deed Records of Waller County, Texas and being
a southwesterly corner of herein described tract;
THENCE N 03 deg. 17' 44" W along the easterly line of said
48.0 acre tract, also along the easterly line of a 10.0 acre tract
as recorded under Volume 1070, Page 070, Volume 0960, Page 673,
Volume 1108, Page 241 & 247 of the Deed Records of Waller County,
Texas, a distance of 1107.47 feet to a concrete monument for the
northeasterly corner of said 10.0 acre tract, and being a
southwesterly corner of herein described tract;
THENCE S 86 deg. 37' 35" W along the northerly line of said
10.0 acre tract, a distance of 1895.45 feet to a concrete monument
found for corner of said 10.0 acre tract, also being the easterly
line of 1384.0 acre tract as recorded in Volume 32, Page 27 of the
Deed Records of Waller County, Texas, and being a southwesterly
corner of herein described tract;
THENCE N 03 deg. 12' 17" W along the easterly line of said
1384.0 acre tract, a distance of 4066.21 feet to a concrete monument
on easterly line of said 1384.0 acre tract, also being the
southwesterly corner of a 229.0 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 86 deg. 26' 44" E along the southerly line of said
229.0 acre tract, a distance of 2690.70 feet to a Fence Corner found
for the southeasterly corner of said 229.0 acre tract, and being a
corner of herein described tract;
THENCE N 03 deg. 02' 22" W along the easterly line of said
229.0 acre tract, a distance of 938.08 feet to the most northerly
point of the herein described tract;
THENCE across the said 2023.4232 acre tract as follows:
THENCE N 87deg24'30" E, a distance of 976.07' to a point
for corner
THENCE S 11deg24'02" E, a distance of 920.79' to a point
for corner
THENCE S 22deg31'16" W, a distance of 241.81' to a point
for corner
THENCE with a curve turning to the right with an arc
length of 610.49', having a radius of 2000.00', a chord which bears
S 59deg55'12" E, a chord length of 608.12';
THENCE S 51deg10'31" E, a distance of 411.07' to a point
for corner;
THENCE with a curve turning to the left with an arc
length of 158.92', having a radius of 2000.00', a chord which bears
S 53deg27'06" E, a chord length of 158.88';
THENCE S 26deg58'13" W, a distance of 188.08' to a point
for corner
THENCE with a curve turning to the left with an arc
length of 1228.20', having a radius of 2800.00', a chord which bears
S 14deg24'14" W, a chord length of 1218.38';
THENCE S 86deg11'28" E, a distance of 215.01' to a point
for corner
THENCE with a curve turning to the right with an arc
length of 1128.40', having a radius of 1400.00', a chord which bears
S 63deg06'03" E, a chord length of 1098.11';
THENCE with a compound curve turning to the right with
an arc length of 1073.28', having a radius of 1400.00', a chord
which bears S 18deg02'54" E, a chord length of 1047.19';
THENCE S 03deg54'50" W, a distance of 607.93' to a point
for corner
THENCE N 89deg47'45" E, a distance of 1008.22' to a
point for corner
THENCE S 08deg13'31" E, a distance of 1330.08' to a
point for corner
THENCE S 10deg42'18" E, a distance of 566.69' to a point
for corner
THENCE S 33deg15'32" W, a distance of 378.47' to a point
for corner
THENCE S 02deg10'05" E, a distance of 196.50' to a point for
corner in the northerly Right of Way of FM 1488;
THENCE S 87 deg. 27' 46" W along the northerly line of FM
1488, a distance of 467.88 feet to a 5/8" iron rod set along the
northerly Right of Way of FM 1488;
THENCE along a curve to the left having a radius of 1975.31
feet, a chord that bears S 81 deg. 30' 29" W, a distance of 408.03
feet along the northerly line of FM 1488, to a 5/8" iron rod set for
an angle point of the herein described tract;
THENCE S 86 deg 29' 45" W, a distance of 194.36 feet to the
POINT OF BEGINNING, and containing 622.88 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
7920, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7920.106 to read as follows:
Sec. 7920.106. 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.
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