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  S.B. No. 1954
 
 
 
 
AN ACT
  relating to the creation of the Waller County Municipal Utility
  District No. 2; providing authority to impose a tax and issue bonds;
  granting the 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 8236 to read as follows:
  CHAPTER 8236. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8236.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Waller County Municipal
  Utility District No. 2.
         Sec. 8236.002.  NATURE OF DISTRICT. (a)  The district is a
  municipal utility district created under and essential to
  accomplish the purposes of Section 59, Article XVI, Texas
  Constitution.
         (b)  The district, to the extent authorized by Section
  8236.103 and Section 52, Article III, Texas Constitution, has road
  powers.
         Sec. 8236.003.  CONFIRMATION ELECTION REQUIRED. The board
  shall hold an election to confirm the creation of the district as
  provided by Section 49.102, Water Code.
         Sec. 8236.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All
  land and other property in the district will benefit from the
  improvements and services to be provided by the district.
         Sec. 8236.005.  INITIAL DISTRICT TERRITORY. (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act creating this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act creating this chapter form a closure. A mistake 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 a purpose for
  which the district is created or to pay the principal of and
  interest on the bond;
               (3)  right to impose an assessment or tax; or
               (4)  legality or operation.
         Sec. 8236.006.  EFFECT OF CHAPTER ON BROOKSHIRE-KATY
  DRAINAGE DISTRICT OF WALLER COUNTY.  This chapter does not affect
  the powers of the Brookshire-Katy Drainage District of Waller
  County.
  [Sections 8236.007-8236.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8236.051.  GOVERNING BODY; TERMS. (a)  The district is
  governed by a board of five elected directors.
         (b)  Directors serve staggered four-year terms.
         Sec. 8236.052.  INITIAL DIRECTORS. (a)  The initial board
  consists of:
               (1)  Jason Kelly;
               (2)  Sandra E. Baggett;
               (3)  Irma Ocampo;
               (4)  Paul Cornett; and
               (5)  Ben Stamets.
         (b)  Unless the initial board agrees otherwise, the initial
  directors shall draw lots to determine which two shall serve until
  the first regularly scheduled election of directors and which three
  shall serve until the second regularly scheduled election of
  directors.
         (c)  This section expires September 1, 2014.
  [Sections 8236.053-8236.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8236.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8236.102.  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. 8236.103.  ROAD PROJECTS. (a)  Under Section 52,
  Article III, Texas Constitution, the district may finance,
  construct, or acquire a road project as provided by this section.
         (b)  The district shall employ or contract with a licensed
  engineer to certify whether a proposed road project meets the
  criteria for a thoroughfare, arterial, or collector road of:
               (1)  a county in whose jurisdiction the proposed road
  project is located; or
               (2)  a municipality in whose corporate limits or
  extraterritorial jurisdiction the proposed road project is
  located.
         (c)  The district may finance, construct, or acquire a road
  that has been certified by the licensed engineer as a thoroughfare,
  arterial, or collector road, or any improvements in aid of the
  certified road.
         (d)  A road project must meet all applicable standards,
  regulations, ordinances, or orders of:
               (1)  each municipality in whose corporate limits or
  extraterritorial jurisdiction the road project is located; and
               (2)  if the road project is not located in the corporate
  limits of a municipality, each county in which the road project is
  located.
         (e)  The district may, with the consent of the municipality
  or county, convey a completed road project to:
               (1)  a municipality in whose corporate limits or
  extraterritorial jurisdiction the road project is located; or
               (2)  a county in which the road project is located.
         Sec. 8236.104.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
  OR RESOLUTION. The district shall comply with all applicable
  requirements of any ordinance or resolution, adopted by the
  governing body of a municipality under Section 54.016, Water Code,
  that consents to the creation of the district or to the inclusion of
  land in the district.
  [Sections 8236.105-8236.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8236.151.  ELECTIONS REGARDING TAXES OR BONDS.
  (a)  The district may issue, without an election, bonds and other
  obligations secured by revenue or contract payments from a source
  other than ad valorem taxation.
         (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 district voters voting at an
  election held for that purpose.
         Sec. 8236.152.  OPERATION AND MAINTENANCE TAX. (a)  If
  authorized at an election held under Section 8236.151, the district
  may impose an operation and maintenance tax on taxable property in
  the district as provided by Section 49.107, Water Code.
         (b)  The board shall determine the tax rate. The rate may not
  exceed the rate approved at the election.
  [Sections 8236.153-8236.200 reserved for expansion]
  SUBCHAPTER E. BONDS
         Sec.  8236.201.  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, grants, or other district money, or any combination of
  those sources, to pay for any authorized district purpose.
         Sec. 8236.202.  BONDS FOR ROAD PROJECTS. At the time of
  issuance, the total principal amount of a bond, note, or other
  obligation issued or incurred to finance a road project may not
  exceed one-fourth of the assessed value of real property in the
  district according to the most recent certified tax appraisal roll
  for Waller County.
         Sec. 8236.203.  TAXES FOR BONDS AND OTHER OBLIGATIONS. At
  the time bonds or other obligations payable wholly or partly from ad
  valorem taxes are issued:
               (1)  the board shall impose a continuing direct annual
  ad valorem tax, without limit as to rate or amount, for each year
  that all or part of the bonds are outstanding; and
               (2)  the district annually shall impose an ad valorem
  tax on all taxable property in the district in an amount sufficient
  to:
                     (A)  pay the interest on the bonds or other
  obligations as the interest becomes due;
                     (B)  create a sinking fund for the payment of the
  principal of the bonds or other obligations when due or the
  redemption price at any earlier required redemption date; and
                     (C)  pay the expenses of imposing the taxes.
         SECTION 2.  The Waller County Municipal Utility District No.
  2 initially includes all the territory contained in the following
  area:
  Being a 419.987-acre (18,294,644 square foot) tract of land
  situated in the H. &T.C.R.R. Survey, Section 73, A-154, the T.S.
  Reese Survey, A-330 and the Nathan Brookshire Survey, A-16, Waller
  County, Texas, being out of a 150.62-acre tract of land recorded in
  Volume 262, Page 403 of the Waller County Deed Records, being out of
  a 93.675-acre tract of land recorded in Volume 240, Page 93 of the
  Waller County Deed Records, being out of a 24.1408-acre tract of
  land recorded in Volume 250, Page 9 of the Waller County Deed
  Records, being out of a 302.299-acre tract of land recorded in
  Volume 233, Page 774 of the Waller County Deed Records, being out of
  a 191.19-acre tract of land recorded in Volume 237, Page 329 of the
  Waller County Deed Records and being more particularly described by
  metes and bounds as follows:
  BEGINNING at a 4-inch x 4-inch concrete monument found for the
  point-of-intersection of the westerly right-of-way line of Woods
  Road (80 feet wide) with the southerly right-of-way line of
  Interstate Highway No. 10 (width varies) for the northeasterly
  corner of said 191.19-acre tract and for the northeasterly corner
  of this tract;
  THENCE South 02° 06' 49" East, a distance of 1,690.14 feet with the
  westerly right-of-way line of said Woods Road to a 5/8-inch iron rod
  with cap stamped "Weisser Eng. Houston, Tx." set for a
  point-of-curvature;
  THENCE In a southerly direction with the westerly right-of-way line
  of said Woods Road and with a tangent curve to the right having a
  radius of 1,105.92 feet, a central angle of 17° 00' 00", a length of
  328.13 feet and a chord bearing South 06° 23' 11" West, a distance of
  326.93 feet to a 1/2-inch iron pipe found for a point-of-tangency;
  THENCE South 14° 53' 11" West, a distance of 249.26 feet with the
  westerly right-of-way line of said Woods Road to a 1/2-inch iron
  pipe found for a point-of-curvature;
  THENCE In a southerly direction with the westerly right-of-way line
  of said Woods Road and with a tangent curve to the left having a
  radius of 1,185.92 feet, a central angle of 17° 30' 00", a length of
  362.22 feet and a chord bearing South 06° 08' 11" West, a distance of
  360.81 feet to a 1/2-inch iron pipe found for a point-of-tangency;
  THENCE South 02° 36' 49" East, a distance of 2,007.29 feet with the
  westerly right-of-way line of said Woods Road to a 5/8-inch iron rod
  with cap stamped "Weisser Eng. Houston, Tx." set for the
  southeasterly corner of said 150.62-acre tract and for the
  southeasterly corner of this tract, from which a 1-1/2-inch iron
  pipe found bears South 87° 46' 29" West, a distance of 0.69 feet;
  THENCE South 87° 46' 29" West, a distance of 3,184.82 feet with the
  northerly line of a 150.0909-acre tract of land described as "First
  Tract" as recorded in Volume 152, Page 268 of the Waller County Deed
  Records to a 1-1/2-inch iron pipe found for the most southerly
  southwesterly corner of this tract;
  THENCE North 02° 33' 17" West, a distance of 1,996.16 feet with the
  easterly line of the Archie K. Brookshire 30-acre tract of land as
  recorded in Volume 60, Page 580 of the Waller County Deed Records to
  a 1-1/2-inch iron pipe found for an interior corner of this tract;
  THENCE South 86° 30' 38" West, a distance of 1,396.67 feet with the
  northerly line of said 30-acre tract and with the northerly line of
  the Howard L. Brookshire 30-acre tract of land as recorded in Volume
  147, Page 248 of the Waller County Deed Records to a 1-1/2-inch iron
  pipe found for an interior corner of this tract;
  THENCE South 03° 34' 47" East, a distance of 703.09 feet with the
  westerly line of said Howard L. Brookshire 30-acre tract to a
  1-1/2-inch iron pipe found for an angle point of this tract;
  THENCE South 02° 27' 11" East, a distance of 364.21 feet with the
  westerly line of said Howard L. Brookshire 30-acre tract to a
  5/8-inch iron rod with cap stamped "Weisser Eng. Houston, Tx." set
  for a southeasterly corner of this tract;
  THENCE South 87° 24' 31" West, a distance of 1,319.86 feet with the
  northerly line of a 51.4349-acre tract of land conveyed to Ferrin B.
  Moreland, et ux, as recorded in Volume 425, Page 448 of the Waller
  County Deed Records to a point in the centerline of Brookshire Creek
  for the southwesterly corner of this tract;
  THENCE North 09° 09' 28" East, a distance of 205.56 feet with the
  centerline of said Brookshire Creek to an angle point of this tract;
  THENCE North 86° 15' 35" East, a distance of 824.76 feet with a
  southerly line of the City of Brookshire Extra Territorial
  Jurisdiction (ETJ) to an angle point of this tract;
  THENCE North 03° 14' 31" West, a distance of 963.99 feet with an
  easterly line of said ETJ to an angle point of this tract;
  THENCE North 86° 33' 18" East, a distance of 1,511.04 feet with a
  southerly line of said ETJ to an angle point of this tract;
  THENCE North 03° 23' 50" West, a distance of 2,146.58 feet with an
  easterly line of said ETJ to an angle point of this tract;
  THENCE North 86° 59' 22" East, a distance of 691.51 feet with a
  southerly line of said ETJ to an angle point of this tract;
  THENCE North 02° 19' 12" West, a distance of 1,237.10 feet with an
  easterly line of said ETJ to an angle point of this tract;
  THENCE South 82° 59' 18" East, a distance of 1,969.10 feet with the
  southerly right-of-way line of said Interstate Highway No. 10 (320
  feet wide) to a 5/8-inch iron rod with cap stamped "Weisser Eng.
  Houston, Tx." set for a point-of-curvature, from which a 4-inch
  concrete monument found bears South 83° 31' 43" East, a distance of
  0.85 feet;
  THENCE In an easterly direction with the southerly right-of-way
  line of said Interstate Highway No. 10 and with a tangent curve to
  the right having a radius of 532.96 feet, central angle of 31° 16'
  33", a length of 290.92 feet and a chord bearing South 67° 21' 02"
  East, a distance of 287.33 feet to a 5/8-inch iron rod with cap
  stamped "Weisser Eng. Houston, Tx." set for a point-of-tangency,
  from which a 4-inch concrete monument found bears South 79° 35' 01"
  East, a distance of 0.73 feet;
  THENCE South 5l° 42' 45" East, a distance of 463.64 feet with the
  southerly right-of-way line of said Interstate Highway No. 10 to a
  5/8-inch iron rod with cap stamped "Weisser Eng. Houston, Tx." set
  for a point-of-curvature, from which a 4-inch concrete monument
  found bears South 77° 49' 56" East, a distance of 1.16 feet;
  THENCE In an easterly direction with the southerly right-of-way
  line of said Interstate Highway No. 10 and with a tangent curve to
  the left having a radius of 612.96 feet, central angle of 40° 00'
  00", a length of 427.93 feet and a chord bearing South 71° 42' 45"
  East, a distance of 419.29 feet to a 5/8-inch iron rod with cap
  stamped "Weisser Eng. Houston, Tx." set for a point-of-tangency,
  from which a 4-inch concrete monument found bears South 66° 01' 45"
  East, a distance of 0.52 feet;
  THENCE North 88° 17' 15" East, a distance of 105.30 feet with the
  southerly right-of-way line of said Interstate Highway No. 10 to
  the POINT OF BEGINNING and containing 419.987 acres (18,294,644
  square feet) 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.  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, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1954 passed the Senate on
  April 26, 2007, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1954 passed the House on
  May 23, 2007, by the following vote:  Yeas 144, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor