No traction in Plantersville MUD 3

PLANTERSVILLE – Proposed Grimes County Municipal Utility District No. 3 (MUD 3) hasn’t gained traction in Plantersville as Alderman tabled discussions.

Alderman heard discussion about MUD 3 (Fuchs/Knighten MUD) during the regularly scheduled meeting March 20. Intent of the developer is to introduce in the Regular Session of the 88th Legislature of Texas a bill creating and establishing a special district consisting of approximately 852.43 acres including parts of City of Plantersville ETJ (extraterritorial jurisdiction). Alderman don’t believe adequate information was relayed in time to make an informed decision.

City of Plantersville Legal Counsel Art Partile said there are two ways a MUD can be created - through TCEQ (Texas Commission on Environmental Quality) or through the legislature. He stated the developers chose the legislation route.

Alderman considered a Resolution for a No Objection Letter for MUD 3. Partile said the Resolution is not an authorization of consent. Partile explained, “What this is asking is for authorization to go through the process and create a paper MUD which is created by the legislature but not activated. It can only be activated by the process that is set forth in the statute.”

Partile continued, “In this area this type of MUD may not be common but throughout the Houston area they are very popular.”

Grimes County Road and Bridge Engineer Harry Walker stated in public comments that he is not opposed to working with MUD’s but this one is different because it does not lay out particular guidelines such as who will be in charge of road maintenance. Partile addressed the earlier comment, “normally MUD’s take care of the roads unless there is an agreement with a government entity.” 

Special Law MUD Facts

Special law MUD’s are much easier to form than general law districts because they simply

require the passage of one bill and do not require approval by the TCEQ.

MUD’s have the power to tax and issue bonds, exercise eminent domain, obtain easements, incur debt, provide fire department and solid waste services, build parks and playgrounds, hire peace officers, and run elections. 

A legal notice for MUD 3 was published in The Examiner Feb. 8.  

Alderman voiced concerns about several issues. Alderman Marilyn Bettes read an excerpt, “It very plainly says in the resolution the city council of the city of Plantersville, Texas has no objection with a creation of Grimes County Municipal Utility District No. 3.” She said “I think we do have objections. I have concerns. It very clearly says that we have no objections.”  

Partile asked her to read the second sentence. “Finding there is no objection does not constitute written consent of exemption for the creation of Grimes County Municipal Utility District No. 3,” read Bettes. 

“Which is what I said,” explained Partile. “It gets created by the legislature, but it has no power.” He said it becomes a “paper MUD,” meaning the special law is created on paper but still must follow procedures in the statute before it is considered. 

Alderman also questioned other issues including ETJ procedures if MUD 3 passes, who is liable for debt if the bond is not repaid. At the end of the discussion, they decided there was too much information to dissect before making a decision. MUD 3 is tabled until the next council meeting April 17. 

Other action

• Tabled discussion of a sign ordinance prohibiting off-premises billboards within the corporate city limits and ETJ until a public workshop is able to be scheduled. Projected date is in June after the legislative session.

• Certified unopposed candidates for the May 6 election. Candidates include Mayor Karen Hale, Alderman Otis Greenwood and Alderman Kimberly Allphin.

• Canceled May 6, Alderman election.