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TCEQ adopts ALJ recommendation, creates Grayson County MUDs 6A and 6B
Summary
After a contested hearing, the Texas Commission on Environmental Quality adopted the administrative law judge’s proposed order and created Grayson County Municipal Utility Districts 6A and 6B, with the commission finding the petitions met statutory feasibility, cost and environmental requirements.
The Texas Commission on Environmental Quality voted to adopt an administrative law judge’s proposed order and create Grayson County Municipal Utility District Numbers 6A and 6B, approving petitions from Treasure Island Laguna Azura LLC to serve a planned residential development in Grayson County.
Derek Seal, counsel for the petitioner, said the company had acquired "about 11 27 acres in Grayson County" and intends to develop single-family and multifamily housing, commercial areas and a school. He said the MUDs would "facilitate the orderly development, cost effective financing, and provide services that will be needed." Seal told commissioners the record and the ALJ’s proposal show the petitioner met its burden of proof.
Stephanie Albright, representing the City of Anna as a protestant, urged denial. She said the applicant "has not done so in this case and has not carried his burden," arguing the petitions lack a sufficient plan of development, a reasonable cost analysis required by Texas Water Code section 54.021, and meaningful analysis of groundwater impacts and runoff. Albright’s presentation asserted the city could provide comparable services at significantly less cost and raised concerns about groundwater wells and limited open-space/detention on property that includes two FEMA floodplains.
Executive Director counsel Kayla Murray and the Office of Public Interest Counsel (OPIC) both recommended adoption of the ALJ’s proposed findings and orders. OPIC Senior Attorney Eli Martinez told the commission the petitions comply with the Texas Constitution and Water Code provisions, and that the evidence supports feasibility, practicability and benefit to the land.
In rebuttal, Seal said the project team had an engineering study from Collier Engineering regarding groundwater and that the petitioner had sought city service through a comprehensive development agreement that would have required annexation and additional taxes. The commission chairwoman moved to adopt the ALJ’s proposed order with typographical corrections and specific amendments to several findings of fact and conclusions of law; the motion carried.
The commission’s action authorizes creation of Grayson County MUDs 6A and 6B as described in the ALJ’s proposed order. Commissioners emphasized the gravity of creating taxing districts and noted adjustments to the ALJ’s order to correct findings and citations. The vote passed with the motion recorded as adopted; no detailed roll-call vote tally appears in the hearing transcript.
The commission proceeded to the next agenda item.
