By: Williams S.B. No. 624
(In the Senate - Filed February 18, 2013; February 25, 2013,
read first time and referred to Committee on Intergovernmental
Relations; April 2, 2013, reported favorably by the following
vote: Yeas 5, Nays 0; April 2, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 137; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
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 8421 to read as follows:
CHAPTER 8421. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 137
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8421.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Montgomery County Municipal
Utility District No. 137.
Sec. 8421.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8421.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8421.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8421.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8421.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8421.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made 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 the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8421.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8421.052, directors serve
staggered four-year terms.
Sec. 8421.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Deborah Hamilton Arterburn;
(2) Christina Eliasha Cole;
(3) Jared Sean Fargo;
(4) Aimee Ordeneaux Raley; and
(5) Robert Wempe.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8421.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8421.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8421.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8421.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8421.102. 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. 8421.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8421.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8421.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8421.151. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8421.153.
(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 the district voters voting at an
election held for that purpose.
Sec. 8421.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8421.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8421.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8421.201. 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, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8421.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8421.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Montgomery County Municipal Utility District
No. 137 initially includes all the territory contained in the
following area:
A METES AND BOUNDS description of a 500.9 acre tract of land
situated in the Joseph Miller Survey, Abstract No. 27 and the James
Brown Survey, Abstract No. 78 of Montgomery County, Texas; being
all of Tracts 1 through 7 conveyed to Venton L. Doughtie, Jr., by
Deed, as filed for record under Volume 724, Page 836 of the
Montgomery County Deed Records; said 500.9 acre tract being more
particularly described as follows with all bearings being based on
the Texas Coordinate System, Central Zone, NAD 83:
BEGINNING at the northwest corner of said Tract 7 in the south
line of a called 20 acre tract conveyed to J.J. Hubenak and wife,
Shirley Fay Hubenak by Warranty Deed with Vendor's Lien as file for
record under Volume 597, Page 165 of the Montgomery County Deed
Records and being the northeast corner of a called 16.92 acre tract
conveyed to Gale Philip Clee by General Warranty Deed as filed for
record under Volume 677, Page 914 of the Montgomery County Deed
Records;
THENCE, North 87°57'51" East, 1375.35 feet along the north
line of said Tract 7 to a found 1/2-inch iron rod in asphalt for the
northeast corner of said Tract 7;
THENCE, South 01°02'09" East, 570.46 feet along the east line
of said Tract 7 and the west right-of-way of Dry Creek Road to a set
5/8-inch iron rod (with cap stamped "Cotton Surveying") in the
south right of Standard Road (width varies) as filed for record
under Clerk's File No. 8534576 of the Montgomery County Official
Public Records of Real Property;
THENCE, in a northeast direction, along the south
right-of-way of said Standard Road, with the arc of a curve to the
right, having a radius of 3037.94 feet, a central angle of
04°48'54", an arc length of 255.30 feet, and a chord bearing North
87°29'06" East,, 255.23 feet to a set 5/8-inch iron rod (with cap
stamped "Cotton Surveying");
THENCE, North 89°53'33" East, 1694.22 feet continuing along
the south right-of-way of said Standard Road to a set 5/8-inch iron
rod (with cap stamped "Cotton Surveying"), from which a found
5/8-inch iron rod bears North 05°27'48" East, 2.82 feet;
THENCE, in a northeast direction, with the arc of a curve to
the left, having a radius of 882.88 feet, a central angle of
06°42'29", an arc length of 103.37 feet, and a chord bearing North
86°32'18" East, 103.31 feet to a found 5/8-inch iron rod for the
northwest corner of a called 1.022 acre tract conveyed to Randy Dale
Ware by Warranty Deed as filed for record under Clerk's File No.
2010098867 of the Montgomery County Official Public Records of Real
Property and being the northwest corner of Springwood Estates,
Section 1 (unrecorded);
THENCE, South 02°00'53" East, along the west line of said
Springwood Estates, Section 1, at 766.49 feet passing a found
5/8-inch iron rod for the northwest corner of a called 2.003 acre
tract conveyed to Michael G. Meek and wife Diana Meek as filed for
record under Volume 1113, Page 176 of Montgomery County Deed
Records, at 934.83 feet passing a 1 1/2-inch iron pipe for the
northwest corner of a tract containing all of Lot 7 and a part of Lot
8 conveyed to Robert Barton and wife Amy L. Barton by Warranty Deed
with Vendor's Lien as filed for record under Clerk's File No.
9515955 of the Montgomery County Official Public Records of Real
Property, at 1137.52 feet passing a found 1 1/2-inch iron pipe, at
1137.89 feet. 0.13 feet right passing a found 5/8-inch iron rod, at
1508.84 feet passing a found 5/8-inch iron rod for the northwest
corner of a called 2.1501 acre tract conveyed to Donald R. Midkiff
and wife Shirley Midkiff by Warranty Deed as filed for record under
Volume 1115, Page 125 of the Montgomery County Deed Records,
continuing for a total distance of 1688.79 feet to a found concrete
monument for the southwest corner of said 2.1501 acre tract, the
southwest corner of said Springwood Estates, Section1, in the north
line of Lot 26 of Springwood Estates, Section 2 conveyed to Shelly
Huckaby by Warranty Deed as filed for record under Clerk's File No.
2006-023346 of the Montgomery County Official Public Records of
Real Property;
THENCE, South 87°37'23" West, along the north line of said
Springwood Estates, Section 2, at 100.09 feet passing a found
5/8-inch iron rod for the northwest corner of said Lot 26 and the
northeast corner of a called 1.8499 acre tract conveyed to Bradley
A. Johnson by Warranty Deed as filed for record under Clerk's File
No. 9634196 of the Montgomery County Official Public Records of
Real Property, at 394.78 feet, 0.30 feet left passing a found
5/8-inch iron rod and continuing for a total distance of 588.38 feet
to a set 5/8-inch iron rod (with cap stamped "Cotton Surveying")
from which a found nail (bent) bears North 25°40' West, 2.87 feet and
a found Axle for the northwest corner of said Tract 4 bears South
87°37'23" West, 602.52 feet;
THENCE, South 03°18'25" East, along the west line of said
Springwood Estates Section 2, at 143.55 feet passing a found
5/8-inch iron rod for the northwest corner of a called 2.8114 acre
tract conveyed to Michael W. Allen and wife Kathy Allen by General
Warranty Deed with Vendor's Lien as filed for record under Clerk's
File No. 2001-101668 of the Montgomery County Official Public
Records of Real Property, at 617.85 feet, 0.62 feet left passing a
found 5/8-inch iron rod, at 818.78 feet passing a found 5/8-inch
iron rod for the northwest corner of a called 3.4 acre tract
conveyed to Donald Midkiff and wife Shirley Midkiff by Warranty
Deed as file for record under Clerk's File No. 99011347 of the
Montgomery County Official Public Records of Real Property, at
1058.51 feet, 0.28 feet left passing a found 5/8-inch iron rod, at
1499.73 feet passing a found 5/8-inch iron rod for the northwest
corner of a called 1.0500 acre tract conveyed to Montgomery County,
Texas by Warranty Deed as file for record under Clerk's File No.
9569816 of the Montgomery County Official Public Records of Real
Property, and continuing for a total distance of 2035.72 feet to a
point in the centerline of Spring Creek;
THENCE, along the meanders of the centerline of Spring Creek
the following courses and distances:
1. South 64°37'47" West, 45.82 feet to a point;
2. South 20°42'36" West, 107.16 feet to a point;
3. South 60°34'50" West, 52.22 feet to a point;
4. South 86°56'10" West, 153.14 feet to a point;
5. North 46°17'30" West, 172.35 feet to a point;
6. North 84°29'19" West, 113.48 feet to a point;
7. South 75°36'55" West, 69.93 feet to a point;
8. South 39°43'46" West, 295.96 feet to a point;
9. South 42°29'34" West, 121.65 feet to a point;
10. South 24°21'30" West, 171.48 feet to a point;
11. South 46°07'02" West, 374.25 feet to a point;
12. South 02°38'20" East, 54.32 feet to a point;
13. South 18°34'57" East, 145.37 feet to a point;
14. South 62°36'46" East, 13.16 feet to a point;
15. South 19°27'39" East, 47.27 feet to a point;
16. South 56°55'21" West, 42.55 feet to a point;
17. South 80°40'29" West, 27.74 feet to a point;
18. North 75°34'20" West, 60.34 feet to a point;
19. North 45°24'17" West, 92.21 feet to a point;
20. South 69°37'01" West, 122.47 feet to a point;
21. South 01°52'10" West, 80.77 feet to a point;
22. South 47°53'22" West, 257.25 feet to a point;
23. South 62°49'43" West, 107.87 feet to a point;
24. South 70°51'08" West, 113.74 feet to a point;
25. South 47°54'19" East, 39.09 feet to a point;
26. South 33°56'40" East, 40.49 feet to a point;
27. South 19°44'57" East, 215.80 feet to a point;
28. In a southwest direction, with the arc of said curve to the
right, having a radius of 112.17 feet, a central angle of 89°09'41",
an arc length of 174.55 feet, and a chord bearing South 16°35'46"
West, 157.46 feet;
29. South 78°20'54" West, 127.86 feet to a point;
30. South 62°48'04" West, 67.77 feet to a point;
31. South 43°07'36" West, 199.77 feet to a point;
32. South 11°09'17" West, 224.55 feet to a point;
33. South 16°52'24" West, 81.16 feet to a point;
34. South 16°13'30" East, 66.10 feet to a point;
35. South 03°02'55" West, 577.13 feet to a point;
36. South 02°51'05" East, 65.04 feet to a point;
37. South 11°08'15" West, 109.37 feet to a point;
38. South 38°39'44" West, 78.65 feet to a point;
39. South 47°30'41" West, 136.45 feet to a point;
40. South 39°01'15" West, 183.90 feet to a point;
41. North 77°44'05" West, 78.71 feet to a point;
42. South 60°20'13" West, 44.60 feet to a point;
43. South 30°10'19" West, 101.61 feet to a point;
44. South 05°54'03" East, 96.43 feet to a point;
45. South 03°36'26" West, 160.90 feet to a point;
46. South 19°03'19" East, 52.87 feet to a point;
47. South 15°28'22" West, 110.56 feet to a point;
48. South 26°18'48" West, 193.37 feet to a point;
49. South 25°07'04" West, 284.81 feet to a point;
50. South 21°59'56" West, 319.08 feet to a point;
51. South 42°58'11" West, 27.29 feet to a point;
52. South 76°04'54" West, 40.59 feet to a point;
53. South 60°41'21" West, 247.58 feet to a point;
54. South 51°14'52" West, 198.47 feet to a point;
THENCE, North 01°51'21" West, leaving the centerline of said
Spring Creek along the west line of said Tract 1, at 1111.01 feet,
0.30 feet right passing a found Flat Bar (leaning), at 1352.28 feet,
.014 right a found T-Rail, and continuing for a total distance of
1830.00 feet to a set 5/8-inch iron rod (with cap stamped "Cotton
Surveying");
THENCE, North 02°33'57" West, continuing along the west
boundary line of said Tract 1, at 102.90 feet, .052 feet left a
found axle, at 247.93 feet, 1.78 right a found concrete monument and
continuing for a total distance 2010.73 feet to a found concrete
monument for the southeast corner of said Tract 5 and the northeast
corner of a called 222.0856 acre tract conveyed to Derek Alan Metz
and Clyde Metz as filed for record under Clerk's File No.
2009-058942 of the Montgomery County Official Public Records of
Real Property;
THENCE, South 87°46'40" West, along the common line of said
Tract 5 and said 222.0856 acre tract 576.99 feet to a found concrete
monument for the southwest corner of said Tract 5 and the northwest
corner of said 222.0856 acre tract;
THENCE, North 03°15'31" West, along the west line of said
Tract 5, 1731.48 feet to a found T-Rail for the northwest corner of
said Tract 5 in the south line of a called 1.716 acre tract conveyed
to Jerry Kirkpatrick Homes, Inc. by Warranty Deed as filed for
record under Volume 1026, Page 729 of the Montgomery County Deed
Records;
THENCE, North 87°35'39" East, along the common line of said
Tract 5 and said 1.716 acres, at 26.28 feet a found 3/4-inch iron
rod, at 136.21 feet, 0.15 feet left a found 1/2-iron rod (bent), at
246.11 feet, 0.13 feet left a found 1/2-inch iron rod and continuing
for a total distance of 578.10 feet to a found axle for northeast
corner of said Tract 5 and the southeast corner of a called 0.6853
acre tract conveyed to Cindy Ann Schmidt by Special Warranty Deed as
file for record under Clerk's File No. 9445705 of the Montgomery
County Deed Records and being in the west line of said Tract 2;
THENCE, North 03°23'08" West, along the east line of said
0.6853 acre tract and the west line of said Tract 2, 1185.47 feet to
a set 5/8-inch iron rod (with cap stamped "Cotton Surveying"), from
which a found axle bears South 88°01' West, 1.83 feet;
THENCE, North 88°00'38" East, along a north line of said Tract
2, 686.50 feet to a found 2-inch iron pipe for the southeast corner
of a called 8.4715 acre tract conveyed to Lynn P. Stewart and wife
Refeana D. Stewart by General Warranty Deed with Vendor's Lien as
filed for record under Clerk's File No. 9714296 of the Montgomery
County Official Public Records of Reap Property;
THENCE, North 00°57'02" West, along the west line of said
Tract 2, at 25.43 feet passing a found 1/2-inch iron rod for the
southwest corner of said Tract 7 and a northwest corner of said
Tract 2, at 604.97 feet, 1.52 feet right a found 5/8-inch iron rod,
at 811.95 feet, 5.19 feet right a found 1/2-inch iron rod (stamped
"RPLS 3971 Rainke"), at 1191.18 feet, 0.52 feet left a found
5/8-inch iron rod, at 1776.38 feet, 0.84 feet left a found 5/8-inch
iron rod and continuing for a total distance of 2348.57 feet to the
POINT OF BEGINNING, CONTAINING 500.9 acres of land in Montgomery
County, Texas as shown on drawing number 2407 in the office of
Cotton Surveying, The Woodlands, Texas.
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. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8421, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8421.106 to read as follows:
Sec. 8421.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Subsection (c),
Section 17, Article I, Texas Constitution.
SECTION 5. Except as provided by Section 4 of this Act:
(1) 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; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2013.
* * * * *