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AN ACT
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relating to the creation of the Waller County Municipal Utility |
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District No. 9; providing authority to impose a tax and issue bonds; |
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granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8304 to read as follows: |
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CHAPTER 8304. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 9 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8304.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Waller County Municipal |
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Utility District No. 9. |
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Sec. 8304.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8304.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8304.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8304.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8304.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8304.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 8304.007-8304.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8304.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8304.052, directors serve |
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staggered four-year terms. |
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Sec. 8304.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as temporary directors the five persons |
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named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8304.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8304.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8304.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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[Sections 8304.053-8304.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8304.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8304.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8304.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8304.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8304.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8304.106. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8304.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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Sec. 8304.107. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8304.003 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8304.003. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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8304.004 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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[Sections 8304.108-8304.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8304.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8304.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8304.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8304.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8304.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 8304.154-8304.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8304.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8304.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8304.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Waller County Municipal Utility District No. |
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9 initially includes all the territory contained in the following |
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area: |
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BEING a 883.8 acre tract of land situated in the Fred Eule Survey, |
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Section 114, Abstract No. 374 and the H.&T.C. R.R. Co. Survey, |
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Section 111, Abstract No. 172 of Waller County, Texas and being all |
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of a called 562.636 acre tract of land conveyed to Katy 884 Partner, |
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Ltd. as recorded in Volume 1077, Page 592 of the Waller County Deed |
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Records (W.C.D.R.), all of a called 106.590 acre tract of land |
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conveyed to Katy 884 Partner, Ltd. as recorded in Volume 1077, Page |
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685 W.C.D.R., all of a called 107.332 acre tract of land conveyed to |
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Katy 884 Partner, Ltd. as recorded in Volume 1077, Page 675 W.C.D.R. |
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and all of a called 107.257 acre tract of land conveyed to Katy 884 |
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Partner, Ltd. as recorded in Volume 1077, Page 608 W.C.D.R., said |
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883.8 acres described as follows: |
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BEGINNING at a point for the southwest corner of said 562.636 acre |
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tract, the northwest corner of a called 0.9738 acre tract as |
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recorded in Volume 686, Page 15 W.C.D.R., lying in the east |
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right-of-way line of F.M. 2855 (100 feet wide), lying in the south |
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line of said Fred Eule Survey, Sect. 114, A-374 and the north line |
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of said and the H.&T.C. R.R. Co. Survey, Sect. 111, A-172, also |
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being the most westerly southwest corner of the herein described |
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tract and lying in the centerline of Beckendorf Road (unimproved); |
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THENCE, with the east right-of-way line of said F.M. 2855 and the |
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west line of said 562.636 acre tract the following courses and |
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distances |
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N 02°05'10" W, 1507.93 feet to a point for a corner of the |
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herein described tract; |
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N 01°13'56" W, 331.24 feet to a point for a corner of the |
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herein described tract; |
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N 00°21'14" W, 213.88 feet to a point for a corner of the |
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herein described tract; |
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N 00°41'02" W, 348.01 feet to a point for a corner of the |
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herein described tract; |
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N 02°19'54" W, 251.32 feet to a point for a corner of the |
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herein described tract; |
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N 02°49'45" W, 451.99 feet to a point for a corner of the |
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herein described tract; |
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N 04°12'11" W, 104.06 feet to a point for a corner of the |
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herein described tract; |
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N 03°27'43" W, 447.87 feet to a point for a corner of the |
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herein described tract; |
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N 02°05'22" W, 384.85 feet to a point for the southwest corner |
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of a called 8.603 acre tract as recorded in Volume 583, Page |
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225 W.C.D.R.; |
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THENCE N 87°41'09" E, 436.33 feet with the south line of said 8.603 |
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acre tract to a point for the southeast corner of said 8.603 acre |
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tract and an interior corner of said 562.636 acre tract; |
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THENCE N 01°57'59" W, 1177.95 feet with the east line of said 8.603 |
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acre tract and the east line of a called 11.76 acre tract as |
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recorded in Volume 432, Page 449 W.C.D.R. to a point for the |
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northeast corner of said 11.76 acre tract and the common most |
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northwesterly corner of said 562.636 and the herein described |
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tract, also lying in the south right-of-way line of F.M. 529 (120 |
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feet wide); |
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THENCE N 87°58'24" E, 469.07 feet with the north line of said 562.636 |
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acre tract and the south right-of-way line of said F.M. 529 to a |
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point for the northwest corner of a called 20.000 acre tract as |
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recorded in Volume 917, Page 270 W.C.D.R.; |
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THENCE S 02°00'00" E, 1181.11 feet with the west line of said 20.000 |
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acre tract to a point for the southwest corner of said 20.000 acre |
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tract and an interior corner of the herein described tract; |
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THENCE N 88°00'36" E, 1922.94 feet with the south line of said 20.000 |
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acre tract, a called 7.408 acre tract as recorded in Volume 954, |
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Page 389 W.C.D.R., a called 13.695 acre tract as recorded in Volume |
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931, Page 404 W.C.D.R. and a second called 13.695 acre tract as |
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recorded in Volume 779, Page 874 W.C.D.R. to a point for the |
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southeast corner of the second mentioned 13.695 acre tract; |
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THENCE N 02°00'00" W, 1181.11 feet with the east line of the second |
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mentioned 13.695 acre tract to a point for the northeast corner of |
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the second mentioned 13.695 acre tract and lying in the south |
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right-of-way line of said F.M. 529; |
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THENCE N 88°02'44" E, 2394.91 feet with the north line of said |
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562.636 acre tract and the south right-of-way line of said F.M. 529 |
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to a point for the northwest corner of a called 160 acre tract as |
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recorded in Volume 788, Page 891 W.C.D.R., lying in the east line of |
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said Fred Eule Survey, Sec. 114, A-374, lying in the west line of |
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said H.&T.C. R.R. Co. Survey, Sect. 119, A-200 and being the common |
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northeast corner of said 562.636 acre tract and the herein |
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described tract; |
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THENCE S 02°15'31" E, 5222.03 feet with the east line of said 562.636 |
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acre tract, the west line of said 160 acre tract and a second called |
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160 acre tract as recorded in Volume 995, Page 457 W.C.D.R. and |
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being the common line of said Fred Eule Survey, Sect. 114, A-374 and |
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H.&T.C. R.R. Co. Survey, Sect. 119, A-200 to a point for the common |
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northwest corner of a called 15.000 acre tract as recorded in Volume |
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387, Page 62 W.C.D.R. and Fred Eule Survey, Sect. 120, A-375, the |
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common northeast corner of said 107.257 acre tract and said H.&T.C. |
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R.R. Co. Survey, Sect. 111, A-172 and lying in the centerline of |
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said Beckendorf Road; |
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THENCE S 02°04'50" E, 5271.15 feet with the common east line of said |
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107.257 acre tract and said H.&T.C. R.R. Co. Survey, Sect. 111, |
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A-172, the west line of said Fred Eule Survey, Section 120, Abstract |
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No. 375 to a point for the southwest corner of a called 53.83 acre |
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tract as recorded in Volume 474, Page 314 W.C.D.R., lying in the |
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south line of said Fred Eule Survey, Sect. 120, A-375, lying in the |
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common north line of the H.&T.C. R.R. Co. Survey, Sect. 121, A-201 |
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and a called 281.50 acre tract as recorded in Volume 420, Page 766 |
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W.C.D.R., also being the common southeast corner of said H.&T.C. |
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R.R. Co. Survey, Sect. 111, A-172 and the herein described tract; |
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THENCE S 87°53'22" W, 2655.75 feet with the south line of said |
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H.&T.C. R.R. Co. Survey, Sect. 111, A-172, said 107.257 acre tract, |
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said 107.332 acre tract, said 106.590 acre tract, the north line of |
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said H.&T.C. R.R. Co. Survey, Sec. 121, A-No. 201 and the Fred Eule |
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Survey, Sect. 112, A-373 to a point for the southeast corner of a |
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called 5.0 acre tract as recorded in Volume 287, Page 806 W.C.D.R., |
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the southwest corner of said 106.590 acre tract and the most |
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southerly southwest corner of the herein described tract; |
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THENCE N 01°59'57" W, 5279.82 feet with the west line of said 106.590 |
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acre tract to a point for the northeast corner of a called 15 acre |
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tract as recorded in Volume 226, Page 16 W.C.D.R., the northwest |
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corner of said 106.590 acre tract and lying in the north line of |
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said H.&T.C. R.R. Co. Survey, Sec. 111, A-No. 172 and the common |
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south line of said Fred Eule Survey, Sect. 114, A-374 and said |
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562.636 acre tract also being the centerline of said Beckendorf |
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Road; |
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THENCE S 87°59'15" W, 2591.53 feet with the common south line of said |
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Fred Eule Survey, Sect. 114, A-374 and said 562.636 acre tract, the |
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north line of said H.&T.C. R.R. Co. Survey, Sect. 111, A-172 and the |
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centerline of said Beckendorf Road to the POINT OF BEGINNING and |
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containing 883.8 acres of land. |
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SECTION 3. (a) The legal notice of the intention to |
|
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introduce this Act, setting forth the general substance of this |
|
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Act, has been published as provided by law, and the notice and a |
|
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copy of this Act have been furnished to all persons, agencies, |
|
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officials, or entities to which they are required to be furnished |
|
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
|
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 588 passed the Senate on |
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April 30, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 588 passed the House on |
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May 25, 2009, by the following vote: Yeas 142, Nays 0, one |
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present not voting. |
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Chief Clerk of the House |
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Approved: |
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Date |
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______________________________ |
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Governor |