Bill Text: TX SB607 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: 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.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2013-06-14 - Effective immediately [SB607 Detail]

Download: Texas-2013-SB607-Enrolled.html

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S.B. No. 607

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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 607 passed the Senate on
April 18, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 607 passed the House on
May 17, 2013, by the following vote: Yeas 134, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor