Texas 2013 - 83rd Regular

Texas Senate Bill SB725 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Williams S.B. No. 725
2	2	(Creighton)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Montgomery County Municipal Utility
8	8	District No. 134; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8458 to read as follows:
14	14	CHAPTER 8458. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
15	15	NO. 134
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 8458.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Montgomery County Municipal
23	23	Utility District No. 134.
24	24	Sec. 8458.002. NATURE OF DISTRICT. The district is a
25	25	municipal utility district created under Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 8458.003. CONFIRMATION AND DIRECTORS' ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 8458.004. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section 8458.003
33	33	until each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district.
37	37	Sec. 8458.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
38	38	(a) The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a municipal utility district as provided by
41	41	general law and Section 59, Article XVI, Texas Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction, acquisition, improvement, operation,
44	44	or maintenance of macadamized, graveled, or paved roads, or
45	45	improvements, including storm drainage, in aid of those roads.
46	46	Sec. 8458.006. INITIAL DISTRICT TERRITORY. (a) The
47	47	district is initially composed of the territory described by
48	48	Section 2 of the Act enacting this chapter.
49	49	(b) The boundaries and field notes contained in Section 2 of
50	50	the Act enacting this chapter form a closure. A mistake made in the
51	51	field notes or in copying the field notes in the legislative process
52	52	does not affect the district's:
53	53	(1) organization, existence, or validity;
54	54	(2) right to issue any type of bond for the purposes
55	55	for which the district is created or to pay the principal of and
56	56	interest on a bond;
57	57	(3) right to impose a tax; or
58	58	(4) legality or operation.
59	59	SUBCHAPTER B. BOARD OF DIRECTORS
60	60	Sec. 8458.051. GOVERNING BODY; TERMS. (a) The district is
61	61	governed by a board of five elected directors.
62	62	(b) Except as provided by Section 8458.052, directors serve
63	63	staggered four-year terms.
64	64	Sec. 8458.052. TEMPORARY DIRECTORS. (a) On or after the
65	65	effective date of the Act enacting this chapter, the owner or owners
66	66	of a majority of the assessed value of the real property in the
67	67	district may submit a petition to the commission requesting that
68	68	the commission appoint as temporary directors the five persons
69	69	named in the petition. The commission shall appoint as temporary
70	70	directors the five persons named in the petition.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 8458.003; or
74	74	(2) the fourth anniversary of the effective date of
75	75	the Act enacting this chapter.
76	76	(c) If permanent directors have not been elected under
77	77	Section 8458.003 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (d) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section 8458.003; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(d) If Subsection (c) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the commission requesting that the
88	88	commission appoint as successor temporary directors the five
89	89	persons named in the petition. The commission shall appoint as
90	90	successor temporary directors the five persons named in the
91	91	petition.
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 8458.101. GENERAL POWERS AND DUTIES. The district has
94	94	the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 8458.102. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 8458.103. AUTHORITY FOR ROAD PROJECTS. Under Section
102	102	52, Article III, Texas Constitution, the district may design,
103	103	acquire, construct, finance, issue bonds for, improve, operate,
104	104	maintain, and convey to this state, a county, or a municipality for
105	105	operation and maintenance macadamized, graveled, or paved roads, or
106	106	improvements, including storm drainage, in aid of those roads.
107	107	Sec. 8458.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
108	108	road project must meet all applicable construction standards,
109	109	zoning and subdivision requirements, and regulations of each
110	110	municipality in whose corporate limits or extraterritorial
111	111	jurisdiction the road project is located.
112	112	(b) If a road project is not located in the corporate limits
113	113	or extraterritorial jurisdiction of a municipality, the road
114	114	project must meet all applicable construction standards, zoning and
115	115	subdivision requirements, and regulations of each county in which
116	116	the road project is located.
117	117	(c) If the state will maintain and operate the road, the
118	118	Texas Transportation Commission must approve the plans and
119	119	specifications of the road project.
120	120	Sec. 8458.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
121	121	OR RESOLUTION. The district shall comply with all applicable
122	122	requirements of any ordinance or resolution that is adopted under
123	123	Section 54.016 or 54.0165, Water Code, and that consents to the
124	124	creation of the district or to the inclusion of land in the
125	125	district.
126	126	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
127	127	Sec. 8458.151. ELECTIONS REGARDING TAXES OR BONDS.
128	128	(a) The district may issue, without an election, bonds and other
129	129	obligations secured by:
130	130	(1) revenue other than ad valorem taxes; or
131	131	(2) contract payments described by Section 8458.153.
132	132	(b) The district must hold an election in the manner
133	133	provided by Chapters 49 and 54, Water Code, to obtain voter approval
134	134	before the district may impose an ad valorem tax or issue bonds
135	135	payable from ad valorem taxes.
136	136	(c) The district may not issue bonds payable from ad valorem
137	137	taxes to finance a road project unless the issuance is approved by a
138	138	vote of a two-thirds majority of the district voters voting at an
139	139	election held for that purpose.
140	140	Sec. 8458.152. OPERATION AND MAINTENANCE TAX. (a) If
141	141	authorized at an election held under Section 8458.151, the district
142	142	may impose an operation and maintenance tax on taxable property in
143	143	the district in accordance with Section 49.107, Water Code.
144	144	(b) The board shall determine the tax rate. The rate may not
145	145	exceed the rate approved at the election.
146	146	Sec. 8458.153. CONTRACT TAXES. (a) In accordance with
147	147	Section 49.108, Water Code, the district may impose a tax other than
148	148	an operation and maintenance tax and use the revenue derived from
149	149	the tax to make payments under a contract after the provisions of
150	150	the contract have been approved by a majority of the district voters
151	151	voting at an election held for that purpose.
152	152	(b) A contract approved by the district voters may contain a
153	153	provision stating that the contract may be modified or amended by
154	154	the board without further voter approval.
155	155	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	156	Sec. 8458.201. AUTHORITY TO ISSUE BONDS AND OTHER
157	157	OBLIGATIONS. The district may issue bonds or other obligations
158	158	payable wholly or partly from ad valorem taxes, impact fees,
159	159	revenue, contract payments, grants, or other district money, or any
160	160	combination of those sources, to pay for any authorized district
161	161	purpose.
162	162	Sec. 8458.202. TAXES FOR BONDS. At the time the district
163	163	issues bonds payable wholly or partly from ad valorem taxes, the
164	164	board shall provide for the annual imposition of a continuing
165	165	direct ad valorem tax, without limit as to rate or amount, while all
166	166	or part of the bonds are outstanding as required and in the manner
167	167	provided by Sections 54.601 and 54.602, Water Code.
168	168	Sec. 8458.203. BONDS FOR ROAD PROJECTS. At the time of
169	169	issuance, the total principal amount of bonds or other obligations
170	170	issued or incurred to finance road projects and payable from ad
171	171	valorem taxes may not exceed one-fourth of the assessed value of the
172	172	real property in the district.
173	173	SECTION 2. The Montgomery County Municipal Utility District
174	174	No. 134 initially includes all the territory contained in the
175	175	following area:
176	176	Being 314.858 acres of land located in the Martin P. Clark
177	177	Survey, Abstract Number 148, Montgomery County, Texas, being a part
178	178	of the Foster Clark Tract and all of the Foster Buchanan Tract
179	179	described in the Development Agreement of record under File Number
180	180	2010019564 in the Official Public Records of Montgomery County,
181	181	Texas (M.C.O.P.R.) and being all of that certain called 1.3004 acre
182	182	tract conveyed to Foster Timber, Ltd. by the instrument of record
183	183	under File Number 2010076447, M.C.O.P.R., said 314.858 acres being
184	184	more particularly described by metes and bounds as follows, all
185	185	bearings are referenced to the Silver City Colored Subdivision, a
186	186	subdivision of record in Volume 5, Page 7 of the Map Records of
187	187	Montgomery County, Texas (M.C.M.R.):
188	188	COMMENCING at the northeast corner of the Foster Collard Area
189	189	Tract 2 as described in said Development Agreement on the west line
190	190	of said Foster Clark Tract, same being the common line between said
191	191	Collard and Clark Surveys;
192	192	Thence, North 15° 00' 00" East, along said west line, 4,616.66
193	193	feet to the POINT OF BEGINNING of the herein described tract;
194	194	Thence, North 15° 00' 00" East, continuing along said west
195	195	line, 1,582.74 feet to a point for the northwest corner of the
196	196	herein described tract, same being the northwest corner of said
197	197	Foster Clark tract and being the most southerly west corner of the
198	198	J. Buchanan Survey, Abstract Number 100 and the most northerly west
199	199	corner of the aforementioned Clark Survey;
200	200	Thence, South 75° 00' 00" East, along the north line of said
201	201	Foster Clark Tract, same being the common line between said
202	202	Buchanan and Clark surveys, 5,017.27 feet to a point for corner
203	203	being the southwest corner of the aforementioned 1.3004 acre tract;
204	204	Thence, North 18° 18' 49" East, along the west line of said
205	205	1.3004 acre tract, 635.73 feet to a point for the northwest corner
206	206	of said 1.3004 acre tract on the arc of a non-tangent curve to the
207	207	left having a radius of 3,883.43 feet and being on the south line of
208	208	F.M. 830;
209	209	Thence, along said south line, the north line of said 1.3004
210	210	acre tract and the arc of said curve, passing the common north
211	211	corner of said 1.3004 acre tract and the aforementioned Foster
212	212	Buchanan Tract at 91.09 feet, continuing along the north line of
213	213	said Foster Buchanan Tract and said curve, through a central angle
214	214	of 20° 43' 54", a total arc length of 1,405.16 feet, and a chord that
215	215	bears South 80° 42' 30" East, 1,397.50 feet to the northeast corner
216	216	of said Foster Buchanan Tract at the end of said curve;
217	217	Thence, North 88° 59' 13" East, continuing along said south
218	218	line and the north line of said Foster Buchanan Tract, 149.82 feet
219	219	to a point for the northeast corner of the herein described tract,
220	220	same being the northeast corner of said Foster Buchanan Tract on the
221	221	common survey line between the aforementioned Buchanan Survey and
222	222	the F. K. Henderson Survey, Abstract Number 248, also being the
223	223	northwest corner of Panorama Hiwon Section Three, a subdivision of
224	224	record in Volume 9, Page 15, M.C.M.R.;
225	225	Thence, South 15° 00' 00" West, along said common survey line
226	226	and the west line of said Panorama Hiwon Section Three, Panorama
227	227	Hiwon Section Two in Volume 8, Page 31, M.C.M.R., Panorama Hiwon
228	228	Section One in Volume 8, Page 29, M.C.M.R. and Panorama Quail Creek
229	229	Section One in Volume 7, Page 329, M.C.M.R., 3,034.44 feet to a
230	230	point for the southeast corner of the herein described tract, same
231	231	being the most southerly northeast corner of the aforementioned
232	232	Foster Clark Tract;
233	233	Thence, North 75° 00' 00" West, along a southerly line of the
234	234	said Foster Clark Tract, 3,536.10 feet to a point for corner;
235	235	Thence, South 10° 00' 00" West, along an easterly line of said
236	236	Foster Clark Tract, 289.46 feet to a point for corner;
237	237	Thence, over and across said Foster Clark Tract the following
238	238	four (4) courses;
239	239	1) North 27° 18' 48" West, 2,162.16 feet to a point for
240	240	corner;
241	241	2) South 50° 44' 32" West, 880.76 feet to a point for corner,
242	242	the beginning of a non-tangent curve to the left;
243	243	3) Along the arc of said curve to the left having a radius of
244	244	500.00 feet, a central angle of 31° 45' 29", an arc length of 277.14
245	245	feet, and a chord that bears North 61° 27' 52" West, 273.61 feet to a
246	246	point for corner at the end of said curve;
247	247	4) North 76° 33' 47" West, 842.01 feet to the POINT OF
248	248	BEGINNING and containing 314.858 acres of land.
249	249	SECTION 3. (a) The legal notice of the intention to
250	250	introduce this Act, setting forth the general substance of this
251	251	Act, has been published as provided by law, and the notice and a
252	252	copy of this Act have been furnished to all persons, agencies,
253	253	officials, or entities to which they are required to be furnished
254	254	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
255	255	Government Code.
256	256	(b) The governor, one of the required recipients, has
257	257	submitted the notice and Act to the Texas Commission on
258	258	Environmental Quality.
259	259	(c) The Texas Commission on Environmental Quality has filed
260	260	its recommendations relating to this Act with the governor, the
261	261	lieutenant governor, and the speaker of the house of
262	262	representatives within the required time.
263	263	(d) All requirements of the constitution and laws of this
264	264	state and the rules and procedures of the legislature with respect
265	265	to the notice, introduction, and passage of this Act are fulfilled
266	266	and accomplished.
267	267	SECTION 4. (a) If this Act does not receive a two-thirds
268	268	vote of all the members elected to each house, Subchapter C, Chapter
269	269	8458, Special District Local Laws Code, as added by Section 1 of
270	270	this Act, is amended by adding Section 8458.106 to read as follows:
271	271	Sec. 8458.106. NO EMINENT DOMAIN POWER. The district may
272	272	not exercise the power of eminent domain.
273	273	(b) This section is not intended to be an expression of a
274	274	legislative interpretation of the requirements of Subsection (c),
275	275	Section 17, Article I, Texas Constitution.
276	276	SECTION 5. This Act takes effect immediately if it receives
277	277	a vote of two-thirds of all the members elected to each house, as
278	278	provided by Section 39, Article III, Texas Constitution. If this
279	279	Act does not receive the vote necessary for immediate effect, this
280	280	Act takes effect September 1, 2013.