|
|
|
|
AN ACT
|
|
relating to the creation of the Willow Creek Farms Municipal |
|
Utility District; 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 8218 to read as follows: |
|
CHAPTER 8218. WILLOW CREEK FARMS MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8218.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Willow Creek Farms Municipal |
|
Utility District. |
|
Sec. 8218.002. 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 |
|
8218.103 and Section 52, Article III, Texas Constitution, has road |
|
powers. |
|
Sec. 8218.003. 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. 8218.004. 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. 8218.005. 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. |
|
[Sections 8218.006-8218.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8218.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Directors serve staggered four-year terms. |
|
Sec. 8218.052. INITIAL DIRECTORS. (a) The initial board |
|
consists of: |
|
(1) Steven Bonjonia; |
|
(2) Julie Styles; |
|
(3) Alesha Herbert; |
|
(4) Kevin Labban; and |
|
(5) Glynda Cross-Paris. |
|
(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 8218.053-8218.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8218.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 8218.102. 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. 8218.103. ROAD PROJECTS. (a) Under Section 52, |
|
Article III, Texas Constitution, the district may construct, |
|
acquire, maintain, or operate macadamized, graveled, or paved roads |
|
or improvements in aid of those roads. |
|
(b) 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) each county in which the road project is located, |
|
if the road project is not located in the corporate limits of a |
|
municipality. |
|
Sec. 8218.104. 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 8218.105-8218.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8218.151. 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. 8218.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 8218.151, the district |
|
may impose an operation and maintenance tax on taxable property in |
|
the district as provided by Chapter 49.107, Water Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
[Sections 8218.153-8218.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 8218.201. 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. 8218.202. 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. |
|
Sec. 8218.203. 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 Willow Creek Farms Municipal Utility |
|
District initially includes all the territory contained in the |
|
following area: |
|
All of that certain 330.2 acres of land, which is out of the 3.659 |
|
acre tract described in the deed from Cooper Cameron Corporation to |
|
West I-10 Katy Holdings I, LTD. recorded under Volume 908, Page 385, |
|
in the Deed Records of Waller County, Texas, in the Jessie Thompson |
|
Survey, A-394, out of the 140.000 acre tract described in the deed |
|
from Devon Energy Production Company, L.P. to West I-10 Katy |
|
Holdings I, LTD. recorded under Volume 773, Page 100, in the Deed |
|
Records of Waller County, Texas, in the J.G. Bennett Survey, |
|
Section 104, A-292, Waller County, Texas, out of the 249.010 acre |
|
tract described in the deed from O.M. Pederson, Jr. et ux to |
|
Pederson Farms, Inc. recorded under Volume 280, Page 316, in the |
|
Deed Records of Waller County, Texas, in the Jessie Thompson |
|
Survey, A-394, out of the 316 acre tract described in the deed from |
|
Frances Y. Rochow, et al to R & Y Interests, LTD. recorded under |
|
Volume 553, Page 88, Volume 553, Page 91, and Volume 553, Page 93, |
|
in the Deed Records of Waller County, Texas, in the Jessie Thompson |
|
Survey, A-394, and out of the 261.701 acre tract described in the |
|
deed from Susan L. Cummins, et al to West I-10 Katy Holdings II, |
|
Ltd. recorded under Volume 808, Page 67, in the Deed Records of |
|
Waller County, Texas, and File No. 2003150688, in the Official |
|
Public Records of Fort Bend County, Texas, in the J.G. Bennett |
|
Survey, Section 104, A-292, Waller County, Texas, and more |
|
particularly described by metes and bounds as follows: (All |
|
bearings based on the State Plane Coordinate System, South Central |
|
Zone) |
|
COMMENCING at a 5/8" iron rod with Kalkomey cap found for the |
|
northeast corner of said 140.000 acre tract, common to the |
|
northeast corner of the 12.933 acre tract described in the deed from |
|
West I-10 Katy Holdings I, LTD. to Cooper Cameron Corporation |
|
recorded under Volume 908, Page 380, in the Deed Records of Waller |
|
County, Texas and the northwest corner of the 58.6130 acre tract |
|
described in the deed from Cooper Industries, Inc. to Cooper |
|
Cameron Corporation recorded under Volume 509, Page 919, in the |
|
Deed Records of Waller County, Texas, in the south line of the |
|
31.6118 acre tract described as TRACT 1 in the deed from K-B |
|
Management Partners, LTD. to Blimp Base Project, LP recorded under |
|
Volume 720, Page 16, in the Deed Records of Waller County, Texas, |
|
from which a 1" iron rod found for the southeast corner of said |
|
31.6118 acre tract, common to the northeast corner of the |
|
additional 10' wide right-of-way for Pederson Road to Waller County |
|
recorded under Volume 325, Page 764, in the Deed Records of Waller |
|
County, Texas bears North 87° 53' 38" East - 1249.52'; THENCE South |
|
87° 53' 38" West - 300.00', along the north line of said 140.000 acre |
|
tract, common to the north line of said 12.933 acre tract and the |
|
south line of said 31.6118 acre tract to a 3/4" iron rod set for the |
|
most northerly northeast corner and POINT OF BEGINNING of the |
|
herein described tract, common to the northwest corner of said |
|
12.933 acre tract; |
|
THENCE South 01° 59' 02" East - 1875.75' (called South 01° 58' 47" |
|
East - 1877.79'), along the west line of said 12.933 acre tract to a |
|
3/4" iron rod set for an angle corner of the herein described tract, |
|
common to the southwest corner of said 12.933 acre tract; |
|
THENCE North 87° 51' 48" East - 300.00' (called North 87° 53' 45" |
|
East), along the south line of said 12.933 acre tract and the north |
|
line of aforesaid 3.659 acre tract, to the southeast corner of said |
|
12.933 acre tract, common to the northwest corner of said 3.659 acre |
|
tract in the east line of aforesaid 140.000 acre tract, |
|
THENCE South 01° 59' 02" East - 492.68' (called South 01° 59' 08" |
|
East), along the east line of said 140.000 acre, common to the west |
|
line of aforesaid 316 acre tract to an angle corner of the herein |
|
described tract; |
|
THENCE North 87° 52' 05" East - 1220.64' to an angle corner of the |
|
herein described tract; |
|
THENCE North 42° 52' 05" East - 35.36' to an angle corner of the |
|
herein described tract; |
|
THENCE North 02° 07' 55" West - 467.78' to an angle corner of the |
|
herein described tract in the north line of aforesaid 3.659 acre |
|
tract, and in the west line of aforesaid Pederson Road; |
|
THENCE North 87° 51' 48" East - 60.00' continuing along said north |
|
line, to the most easterly northeast corner of the herein described |
|
tract, in the east right-of-way line of said Pederson Road; |
|
THENCE South 02° 07' 55" East - 627.78', partially along the east |
|
right-of-way line of said Pederson Road, to the most easterly |
|
southeast corner of the herein described tract; |
|
THENCE South 87° 52' 05" West - 60.00' to an angle corner of the |
|
herein described tract; |
|
THENCE North 02° 07' 55" West - 10.00' an angle corner of the herein |
|
described tract; |
|
THENCE North 47° 07' 55" West - 35.36' an angle corner of the herein |
|
described tract; |
|
THENCE South 87° 52' 05" West - 1220.90' to an angle corner of the |
|
herein described tract, in aforesaid east line of said 140.000 acre |
|
tract; |
|
THENCE South 01° 59' 02" East - 326.61' (called South 01° 59' 08" |
|
East), continuing along the east line of said 140.000 acre tract to |
|
a 1" iron pipe found for the southeast corner of said 140.000 acre |
|
tract, common to an angle corner of the herein described tract in |
|
the north line of aforesaid 261.701 acre tract; |
|
THENCE North 88° 12' 05" East - 24.50' continuing along said north |
|
line to a concrete post found for the most easterly northeast corner |
|
of said 261.701 acre tract; |
|
THENCE South 01° 52' 17" East - 584.20' (called South 01° 52' 23" |
|
East), along an east line of said 261.701 acre tract, common to the |
|
west line of aforesaid 316 acre tract, to a an angle corner of the |
|
herein described tract; |
|
THENCE South 65° 00' 39" West - 3923.27', along a southeast line of |
|
Waller County, Texas, according to the 261.701 acre tract deed, to |
|
an angle corner in a south line of said 261.701 acre tract, common |
|
to the north line of the 200 acre tract described as TRACT SIX in the |
|
deed from the Estate of Bessie Mae Jordan to Lyle Talbert Jordan, |
|
Trustee, et al recorded under Volume 648, Page 384, in the Deed |
|
Records of Waller County, Texas, and File No. 2000-015121, in the |
|
Official Public Records of Fort Bend County, Texas; |
|
THENCE South 87° 37' 06" West - 1694.69' (called South 87° 37' 00" |
|
West), continuing along a south line of said 261.701 acre tract, |
|
common to the north line of aforesaid 200 acre tract, to a 5/8" iron |
|
rod with Kalkomey cap found for the southwest corner of said 261.701 |
|
acre tract, common to the northwest corner of said 200 acre tract, |
|
in the east line of the 280.3406 acre tract described in the deed |
|
from K-B Management Partners, LTD. to Dixie Farm Partners, LLP. |
|
recorded under Volume 817, Page 27, in the Deed Records of Waller |
|
County, Texas; |
|
THENCE North 01° 54' 14" West - 1202.21' (called North 01° 54' 20" |
|
West), along a west line of said 261.701 acre tract, common to the |
|
east line of aforesaid 280.3406 acre tract and the east line of the |
|
279.0613 acre tract described in the deed from Tiltex 97A, Ltd. to |
|
Shasta Minerals, Inc. recorded under Volume 745, Page 381, in the |
|
Deed Records of Waller County, Texas, to a 1" iron pipe found for an |
|
angle corner of said 261.701 acre tract, common to the southwest |
|
corner of the 20.0 acre tract described as TRACT EIGHT in the deed |
|
from the Estate of Bessie Mae Jordan to Lyle Talbert Jordan, |
|
Trustee, et al recorded under Volume 648, Page 384 in the Deed |
|
Records of Waller County, Texas; |
|
THENCE North 88° 03' 47" East - 933.95' (called North 88° 03' 41" |
|
East), along a north line of said 261.701 acre tract, common to the |
|
south line of said 20.0 acre tract, to a 5/8" iron rod with Kalkomey |
|
cap found for an angle corner of said 261.701 acre tract, common to |
|
the southeast corner of said 20.0 acre tract; |
|
THENCE North 01° 55' 58" West - 933.37' (called North 01° 56' 04" |
|
West), along a west line of said 261.701 acre tract, common to the |
|
east line of said 20.0 acre tract, to a 5/8" iron rod with Kalkomey |
|
cap found for an angle corner of said 261.701 acre tract, common to |
|
the northeast corner of said 20.0 acre tract; |
|
THENCE South 88° 03' 47" West - 759.75' (called South 88° 03' 41" |
|
West), along a south line of said 261.701 acre tract, common to the |
|
north line of said 20.0 acre tract, to a 5/8" iron rod with Kalkomey |
|
cap found for an angle corner of said 261.701 acre tract; |
|
THENCE North 01° 42' 50" West - 292.04' (called North 01° 42' 56" |
|
West), along a west line of said 261.701 acre tract, to a 1/2" iron |
|
pipe found for an angle corner of said 261.701 acre tract, common to |
|
the southwest corner of the 161.8245 acre tract described as TRACT 3 |
|
in the deed from K-B Management Partners, LTD. to Blimp Base |
|
Project, LP recorded under Volume 720, Page 16, in the Deed Records |
|
of Waller County, Texas; |
|
THENCE North 88° 02' 07" East - 2850.00' (called North 88° 02' 01" |
|
East), along a north line of said 261.701 acre tract, common to the |
|
south line of said 161.8245 acre tract, to a 5/8" iron rod with |
|
Kalkomey cap found for an angle corner of said 261.701 acre tract, |
|
common to the southeast corner of said 161.8245 acre tract; |
|
THENCE North 02° 36' 53" West - 2493.17' (called North 02° 36' 59" |
|
West), along a west line of said 261.701 acre tract, common to the |
|
east line of said 161.8245 acre tract, to a 1/2" iron pipe found for |
|
the most northerly northwest corner of said 261.701 acre tract, |
|
common to the northeast corner of said 161.8245 acre tract, in the |
|
south line of the 39.3537 acre tract described as TRACT 2 in the |
|
deed from K-B Management Partners, LTD. to Blimp Base Project, LP |
|
recorded under Volume 720, Page 16, in the Deed Records of Waller |
|
County, Texas, from which a 1/2" iron pipe found for the northwest |
|
corner of said 161.8245 acre tract, common to the southwest corner |
|
of said 39.3537 acre tract bears South 87° 55' 54" West - 2810.83'; |
|
THENCE North 87° 55' 54" East - 324.23' (called North 87° 55' 47" |
|
East), along a north line of said 261.701 acre tract, common to the |
|
south line of said 39.3537 acre tract at 80.00' passing a 3/4" iron |
|
rod found for the most northerly northeast corner of said 261.701 |
|
acre tract and the northwest corner of the aforesaid 140.000 acre |
|
tract, to a 1-1/4" iron pipe found for the southeast corner of said |
|
39.3537 acre tract, common to the southwest corner of the aforesaid |
|
31.6118 acre tract; |
|
THENCE North 87° 53' 38" East - 1657.68', along the south line of |
|
said 31.6118 acre tract, to the POINT OF BEGINNING of the herein |
|
described tract and containing 330.2 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. 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. 1961 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. 1961 passed the House on |
|
May 17, 2007, by the following vote: Yeas 143, Nays 0, two |
|
present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |