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  S.B. No. 1955
 
 
 
 
AN ACT
  relating to the creation of the Waller County Municipal Utility
  District No. 3; 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 8237 to read as follows:
  CHAPTER 8237.  WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8237.001.  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. 3.
         Sec. 8237.002.  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
  8237.103 and Section 52, Article III, Texas Constitution, has road
  powers.
         Sec. 8237.003.  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. 8237.004.  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. 8237.005.  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. 8237.006.  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 8237.007-8237.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8237.051.  GOVERNING BODY; TERMS. (a)  The district is
  governed by a board of five elected directors.
         (b)  Directors serve staggered four-year terms.
         Sec. 8237.052.  INITIAL DIRECTORS. (a)  The initial board
  consists of:
               (1)  Larry Mueller;
               (2)  Michael Bien;
               (3)  Mark Ross;
               (4)  Henry Anawaty; and
               (5)  Phyllis Oustifine.
         (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 8237.053-8237.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8237.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8237.102.  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. 8237.103.  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. 8237.104.  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 8237.105-8237.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8237.151.  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. 8237.152.  OPERATION AND MAINTENANCE TAX. (a)  If
  authorized at an election held under Section 8237.151, 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 8237.153-8237.200 reserved for expansion]
  SUBCHAPTER E. BONDS
         Sec.  8237.201.  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. 8237.202.  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. 8237.203.  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.
  3 initially includes all the territory contained in the following
  area:
  Being a 350.342-acre (15,260,917 square foot) tract of land
  situated in the H.H. Pennington Survey, A-321, the H. &T.C.R.R.
  Survey, Section 73, A-154, and the Nathan Brookshire Survey, A-16,
  Waller County, Texas, being out of Outlots 17, 18, 19 and 20 of the
  Brookshire Outlets as recorded in Volume 14, Page 380 of the Waller
  County Deed Records, being out of a 19.6105-acre tract of land
  recorded in Volume 250, Page 128 of the Waller County Deed Records,
  being out of a 47.116-acre tract of land recorded in Volume 243,
  Page 606 of the Waller County Deed Records, being out of a
  4.8152-acre tract of land recorded in Volume 277, Page 795 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 50-acre
  tract of land recorded in Volume 338, Page 791 of the Waller County
  Deed Records, being out of a 50-acre tract of land recorded in
  Volume 338, Page 796 of the Waller County Deed Records, and being
  out of a 26.309-acre tract of land recorded in Volume 242, Page 492
  of the Waller County Deed Records and being more particularly
  described by metes and bounds as follows:
  BEGINNING at the point-of-intersection of the centerline of
  Brookshire Creek with the southerly right-of-way line of Interstate
  Highway No. 10 (width varies) for the northeasterly corner of said
  26.309-acre tract and for the northeasterly corner of this tract;
  THENCE South 21° 33' 40" West, a distance of 544.92 feet with the
  centerline of said Brookshire Creek to an angle point of this tract;
  THENCE South 24° 59' 22" West, a distance of 575.40 feet with the
  centerline of said Brookshire Creek to an angle point of this tract;
  THENCE South 11° 25' 18" West, a distance of 256.84 feet with the
  centerline of said Brookshire Creek to an angle point of this tract;
  THENCE South 02° 44' 07" West, a distance of 747.11 feet with the
  centerline of said Brookshire Creek to an angle point of this tract;
  THENCE South 15° 15' 56" West, a distance of 518.79 feet with the
  centerline of said Brookshire Creek to an angle point of this tract;
  THENCE South 02° 48' 28" East, a distance of 364.81 feet with the
  centerline of said Brookshire Creek to an angle point of this tract;
  THENCE South 35° 26' 22" West, a distance of 429.10 feet with the
  centerline of said Brookshire Creek to an angle point of this tract;
  THENCE South 22° 29' 32" West, a distance of 187.70 feet with the
  centerline of said Brookshire Creek to an angle point of this tract;
  THENCE South 07° 43' 32" West, a distance of 821.92 feet with the
  centerline of said Brookshire Creek to an angle point of this tract;
  THENCE South 13° 39' 28" East, a distance of 424.80 feet with the
  centerline of said Brookshire Creek to an angle point of this tract;
  THENCE South 09° 09' 28" West, a distance of 308.36 feet with the
  centerline of said Brookshire Creek to a point for the
  southeasterly corner of this tract;
  THENCE South 87° 24' 31" West, a distance of 1,562.15 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 1-1/2-inch iron pipe found for an angle
  point of this tract;
  THENCE South 87° 41' 43" West, a distance of 2,035.93 feet with the
  northerly line of said 51.4349-acre tract to a 1-1/2-inch iron pipe
  found in the easterly right-of-way line of F.M. Road No. 359 (100
  feet wide) for the southwesterly corner of said 93.675-acre tract
  and for the southwesterly corner of this tract;
  THENCE North 02° 23' 35" West, a distance of 31.29 feet with the
  easterly right-of-way line of said F.M. Road No. 359 to a 5/8-inch
  iron rod with cap stamped "Weisser Eng. Houston, Tx. " set for an
  angle point of this tract;
  THENCE North 02° 54' 35" West, a distance of 982.52 feet with the
  easterly right-of-way line of said F.M. Road No. 359 to a 5/8-inch
  iron rod with cap stamped "Weisser Eng. Houston, Tx." set for an
  angle point of this tract;
  THENCE North 03° 34' 35" West, a distance of 660.84 feet with the
  easterly right-of-way line of said F.M. Road No. 359 to a 5/8-inch
  iron rod with cap stamped "Weisser Eng. Houston, Tx." set for a
  northwesterly corner of this tract, from which a 1/2-inch iron rod
  found bears North 87° 03' 23" East, a distance of 0.77 feet;
  THENCE North 87° 03' 23" East, a distance of 296.08 feet with the
  southerly line of a 1.000-acre tract of land conveyed to Harold E.
  Brown and Ester M. Brown as recorded in Volume 663, Page 520 of the
  Waller County Deed Records to a 1/2-inch iron rod found for an
  interior corner of this tract;
  THENCE North 03° 38' 37" West, a distance of 147.60 feet with the
  easterly line of said 1.000-acre tract to a 1/2-inch iron rod found
  for an interior corner of this tract;
  THENCE South 87° 03' 23" West, a distance of 295.91 feet with the
  northerly line of said 1.000-acre tract to a 5/8-inch iron rod with
  cap stamped "Weisser Eng. Houston, Tx." set in the easterly
  right-of-way line of said F.M. Road No. 359 for a southwesterly
  corner of this tract, from which a 1-inch iron pipe found bears
  North 71° 32' 54" East, a distance of 0.58 feet;
  THENCE North 03° 34' 35" West, a distance of 1,048.35 feet with the
  easterly right-of-way line of said F.M. Road No. 359 to a 5/8-inch
  iron rod with cap stamped "Weisser Eng. Houston, Tx." set for an
  angle point of this tract, from which a 1/2-inch iron pipe found
  bears North 38° 40' 18" West, a distance of 0.84 feet;
  THENCE North 87° 18' 18" East, a distance of 1,465.66 feet with the
  southerly line of a 3.1323-acre tract of land conveyed to Jessye
  Davis Spencer as recorded in Volume 577, Page 183 of the Waller
  County Deed Records, with the southerly line of a 1-acre tract of
  land conveyed to the City of Brookshire as recorded in Volume 602,
  Page 556 and described in Volume 275, Page 435 of the Waller County
  Deed Records, with the southerly line of the Mrs. I. Soloman tract
  of land recorded in Volume 96, Page 22 of the Waller County Deed
  Records, with the southerly line of a 1-acre tract of land conveyed
  to Nelson Shelton, et ux, as recorded in Volume 156, Page 119 of the
  Waller County Deed Records, and with the southerly line of a
  0.6878-acre tract of land conveyed to Annie Shelton as recorded in
  Volume 233, Page 394 of the Waller County Deed Records to a 5/8-inch
  iron rod found for the southwesterly corner of said 4.8152-acre
  tract and for an interior corner of this tract;
  THENCE North 02° 44' 02" West, a distance of 909.39 feet with the
  easterly line of said 0.6878-acre tract to a 5/8-inch iron rod with
  cap stamped "Weisser Eng. Houston, Tx." set in the southerly
  right-of-way line of Twelfth Street (40 feet wide as occupied) for a
  northwesterly corner of this tract;
  THENCE North 88° 16' 35" East, a distance of 228.87 feet with the
  southerly right-of-way line of said Twelfth Street to a 5/8-inch
  iron rod with cap stamped "Weisser Eng. Houston, Tx." set for a
  northeasterly corner of this tract;
  THENCE South 03° 08' 25" East, a distance of 905.54 feet with the
  westerly line of the Sam Hill Estate tract of land (per the Waller
  County tax rolls, no deed was found for this tract) to a 5/8-inch
  iron rod with cap stamped "Weisser Eng. Houston, Tx." set for an
  interior corner of this tract;
  THENCE North 87° 18' 18" East, a distance of 240.25 feet with the
  southerly line of said Sam Hill Estate tract to a 5/8-inch iron rod
  with cap stamped "Weisser Eng. Houston, Tx." set for an interior
  corner of this tract;
  THENCE North 02° 19' 50" West, a distance of 472.63 feet with the
  easterly line of said Sam Hill Estate tract to a 1-1/2-inch iron
  pipe found for a northwesterly corner of this tract;
  THENCE North 88° 22' 33" East, a distance of 822.46 feet with the
  southerly line of Maud Malone, et al, 1-acre tract as recorded in
  Volume 100, page 391 of the Waller County Deed Records, with the
  southerly line of the Robert Rogers, et ux, 1.012-acre tract as
  recorded in Volume 301, Page 690 of the Waller County Deed Records
  and with the southerly line of a 1.012-acre tract of land as
  recorded in Volume 202, Page 54 of the Waller County Deed Records to
  a 1-1/2-inch iron pipe found for an interior corner of this tract;
  THENCE North 00° 07' 40" East, a distance of 209.56 feet with the
  easterly line of said 1.012-acre tract to a 1-1/2-inch iron pipe
  found for an interior corner of this tract;
  THENCE South 88° 28' 52" West, a distance of 620.27 feet with the
  northerly line of said 1.012-acre tracts and with the northerly
  line of the Maud Malone, et al, tract as shown in Volume 436, Page
  404 of the Waller County Deed Records to a 5/8-inch iron rod with
  cap stamped "Weisser Eng. Houston, Tx." set for a southwesterly
  corner of this tract;
  THENCE North 03° 20' 48" West, a distance of 105.02 feet with the
  easterly line of a 1-acre tract of land conveyed to the City of
  Brookshire as recorded in Volume 469, Page 659 of the Waller County
  Deed Records and described in Volume 136, Page 264 of the Waller
  County Deed Records to a 5/8-inch iron rod with cap stamped "Weisser
  Eng. Houston, Tx." set for an interior corner of this tract;
  THENCE South 88° 28' 52" West, a distance of 174.49 feet with the
  northerly line of said 1-acre tract to a 1/2-inch iron rod found for
  a southwesterly corner of this tract;
  THENCE North 01° 52' 35" West, a distance of 89.06 feet with the
  easterly right-of-way line of a 30-foot wide easement to a 5/8-inch
  iron rod with cap stamped "Weisser Eng. Houston, Tx." set for a
  northwesterly corner of this tract;
  THENCE North 87° 48' 41" East, a distance of 233.82 feet with the
  southerly line of a 0.181-acre tract of land conveyed to Elenor J.
  Taylor as recorded in Volume 456, Page 553 of the Waller County Deed
  Records to a 1-1/2-inch iron pipe found for an interior corner of
  this tract;
  THENCE North 01° 26' 25" West, a distance of 34.10 feet with the
  easterly line of said 0.181-acre tract to a 1-1/2-inch iron pipe
  found for a northwesterly corner of this tract;
  THENCE North 87° 49' 35" East, a distance of 427.55 feet with the
  southerly line of a 6.779-acre tract of land conveyed to Elton R.R.
  Foster as recorded in Volume 526, Page 432 of the Waller County Deed
  Records to a 1-1/2-inch iron pipe found for an interior corner of
  this tract;
  THENCE North 01° 29' 27" West, a distance of 1,092.80 feet with the
  easterly line of said 6.779-acre tract, with the easterly line of
  the Eliza Leonard tract as recorded in Volume 203, Page 528 of the
  Waller County Deed Records and with the easterly line of a 1-acre
  tract of land conveyed to Richard N. Dale as recorded in Volume 516,
  Page 622 of the Waller County Deed Records to a 5/8-inch iron rod
  with cap stamped "Weisser Eng. Houston, Tx." set in the southerly
  right-of-way line of Tenth Street (60 feet wide) as recorded in
  Volume 14, Page 380 of the Waller County Deed Records for a
  northwesterly corner of this tract;
  THENCE North 89° 13' 33" East, a distance of 855.74 feet with the
  southerly right-of-way line of said Tenth Street to a 1/2-inch iron
  pipe found for an interior corner of this tract;
  THENCE North 00° 57' 53" West, a distance of 30.00 feet with the
  easterly terminus of said Tenth Street to a 5/8-inch iron rod with
  cap stamped "Weisser Eng. Houston, Tx." set for a northwesterly
  corner of this tract;
  THENCE North 89° 13' 33" East, a distance of 590.00 feet with the
  southerly line of a Brookshire Municipal Water District 30-foot
  wide right-of-way as recorded in Volume 129, Page 406 of the Waller
  County Deed Records to a 5/8-inch iron rod with cap stamped "Weisser
  Eng. Houston, Tx." set for a northeasterly corner of this tract;
  THENCE South 00° 57' 53" East, a distance of 27.55 feet with the
  westerly line of the Brookshire Municipal Water District Sewer
  Plant as recorded in Volume 129, Page 403 of the Waller County Deed
  Records to a 5/8-inch iron rod with cap stamped "Weisser Eng.
  Houston, Tx." set for an interior corner of this tract;
  THENCE South 60° 57' 53" East, a distance of 279.99 feet with the
  southwesterly line of said Brookshire Municipal Water District
  Sewer Plant to a 5/8-inch iron rod with cap stamped "Weisser Eng.
  Houston, Tx." set for an interior corner of this tract;
  THENCE North 89° 02' 07" East, a distance of 116.32 feet with the
  southerly line of said Brookshire Municipal Water District Sewer
  Plant to a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston,
  Tx." set for an interior corner of this tract, from which a 3/4-inch
  iron rod found bears North 04° 23' 28" East, a distance of 1.53 feet;
  THENCE North 00° 57' 53" West, a distance of 268.82 feet with the
  easterly line of said Brookshire Municipal Water District Sewer
  Plant to a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston,
  Tx." set in the southerly right-of-way line of said Interstate
  Highway No. 10 (320 feet wide) for a northwesterly corner of this
  tract, from which a 1/2-inch iron rod found bears South 70° 51' 53"
  West, a distance of 1.54 feet;
  THENCE In an easterly direction with the southerly right-of-way
  line of said Interstate Highway No. 10 and with a non-tangent curve
  to the right having a radius of 3,659.72 feet, central angle of 03°
  22' 49", a length of 215.92 feet and a chord bearing South 84° 40'
  43" East, a distance of 215.89 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 North 77° 07' 11"
  West, a distance of 0.79 feet;
  THENCE South 82° 59' 18" East, a distance of 204.22 feet with the
  southerly right-of-way line of said Interstate Highway No. 10 to
  the POINT OF BEGINNING and containing 350.342 acres (15,260,917
  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. 1955 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. 1955 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