Texas 2015 - 84th Regular

Texas House Bill HB4146 Compare Versions

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Version 2 (New)

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1	1	84R10985 TSR-F
2	2	By: Metcalf H.B. No. 4146
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. 149; 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 7917 to read as follows:
14	14	CHAPTER 7917. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 149
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7917.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Montgomery County Municipal
22	22	Utility District No. 149.
23	23	Sec. 7917.002. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 7917.003. CONFIRMATION AND DIRECTORS' ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 7917.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section 7917.003
32	32	until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 7917.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
37	37	The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 7917.006. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 7917.051. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7917.052, directors serve
62	62	staggered four-year terms.
63	63	Sec. 7917.052. TEMPORARY DIRECTORS. (a) On or after the
64	64	effective date of the Act enacting this chapter, the owner or owners
65	65	of a majority of the assessed value of the real property in the
66	66	district may submit a petition to the commission requesting that
67	67	the commission appoint as temporary directors the five persons
68	68	named in the petition. The commission shall appoint as temporary
69	69	directors the five persons named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7917.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 7917.003 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 7917.003; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 7917.101. GENERAL POWERS AND DUTIES. The district has
93	93	the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 7917.102. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 7917.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 7917.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
107	107	project must meet all applicable construction standards, zoning and
108	108	subdivision requirements, and regulations of each municipality in
109	109	whose corporate limits or extraterritorial jurisdiction the road
110	110	project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 7917.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
120	120	OR RESOLUTION. The district shall comply with all applicable
121	121	requirements of any ordinance or resolution that is adopted under
122	122	Section 54.016 or 54.0165, Water Code, and that consents to the
123	123	creation of the district or to the inclusion of land in the
124	124	district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 7917.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
127	127	district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 7917.153.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 7917.152. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 7917.151, the district
141	141	may impose an operation and maintenance tax on taxable property in
142	142	the district in accordance with Section 49.107, Water Code.
143	143	(b) The board shall determine the tax rate. The rate may not
144	144	exceed the rate approved at the election.
145	145	Sec. 7917.153. CONTRACT TAXES. (a) In accordance with
146	146	Section 49.108, Water Code, the district may impose a tax other than
147	147	an operation and maintenance tax and use the revenue derived from
148	148	the tax to make payments under a contract after the provisions of
149	149	the contract have been approved by a majority of the district voters
150	150	voting at an election held for that purpose.
151	151	(b) A contract approved by the district voters may contain a
152	152	provision stating that the contract may be modified or amended by
153	153	the board without further voter approval.
154	154	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
155	155	Sec. 7917.201. AUTHORITY TO ISSUE BONDS AND OTHER
156	156	OBLIGATIONS. The district may issue bonds or other obligations
157	157	payable wholly or partly from ad valorem taxes, impact fees,
158	158	revenue, contract payments, grants, or other district money, or any
159	159	combination of those sources, to pay for any authorized district
160	160	purpose.
161	161	Sec. 7917.202. TAXES FOR BONDS. At the time the district
162	162	issues bonds payable wholly or partly from ad valorem taxes, the
163	163	board shall provide for the annual imposition of a continuing
164	164	direct ad valorem tax, without limit as to rate or amount, while all
165	165	or part of the bonds are outstanding as required and in the manner
166	166	provided by Sections 54.601 and 54.602, Water Code.
167	167	Sec. 7917.203. BONDS FOR ROAD PROJECTS. At the time of
168	168	issuance, the total principal amount of bonds or other obligations
169	169	issued or incurred to finance road projects and payable from ad
170	170	valorem taxes may not exceed one-fourth of the assessed value of the
171	171	real property in the district.
172	172	SECTION 2. The Montgomery County Municipal Utility District
173	173	No. 149 initially includes all the territory contained in the
174	174	following area:
175	175	TRACT 1
176	176	BEING 50.571 acres of land situated in the James Smith
177	177	Survey, Abstract Number 37 in Montgomery County, Texas and being
178	178	out of and a part of that certain 53.29 acres as described in Deed to
179	179	Jerry Thurmon and recorded under Clerk's File Number 9651718 of the
180	180	Official Public Records of Real Property of Montgomery County,
181	181	Texas; said 50.571 acres being more particularly described by metes
182	182	and bounds as follows with all bearings referenced to the West line
183	183	of that certain 44.964 acre tract as described in Deed recorded
184	184	under Clerk's File Number 9802099 of the Official Public Records of
185	185	Real Property in Montgomery County, Texas;
186	186	BEGINNING at a 1/2 inch iron rod, found for the Southeast
187	187	corner of the herein described tract and the Southeast corner of the
188	188	53.29 acre tract and being the Southwest corner of the 44.964 acre
189	189	tract in the North line of the Griggs Corporation 145,502 acres as
190	190	described in Volume 718, Page 812 of the Deed Records of Montgomery
191	191	County, Texas, and further located in the South line of the James
192	192	Smith Survey, Abstract Number 37 and the North line of the John
193	193	Stafford Survey, Abstract Number 527 of Montgomery County, Texas;
194	194	THENCE: South 86 deg. 51 min. 59 sec. West, a distance of
195	195	262.53 feet along the common line of the John Stafford Survey and
196	196	the James Smith Survey, along the North line of the 145,502 acre
197	197	tract, to a 5/8 inch iron rod, found for the most Southerly
198	198	Southwest corner of the herein described tract and the Southeast
199	199	corner of that certain 10.00 acre tract as described in Deed
200	200	recorded under Clerk's File Number 9007684 of the Official Public
201	201	Records of Real Property of Montgomery County, Texas;
202	202	THENCE: North 00 deg. 11 min. 22 sec. West, a distance of
203	203	466.42 feet along the East line of the 10.00 acre tract to a 5/8 inch
204	204	iron rod, set for an interior corner of the herein described tract
205	205	and the Northeast corner of the 10.00 acre tract;
206	206	THENCE: South 87 deg. 37 min. 42 sec. West, a distance of
207	207	933.50 feet along the North line of the 10.00 acre tract to a 5/8
208	208	inch iron rod, found for the most Westerly Southwest corner of the
209	209	herein described tract and the Northwest corner of the 10.00 acre
210	210	tract in the West line of the James Smith Survey and the East line of
211	211	the John T. Vince Survey, Abstract Number 41 and being located in
212	212	the East line of Lot 22 of Crestwood Farms, a subdivision recorded
213	213	in Volume 5, Page 353, of the Map Records of Montgomery County,
214	214	Texas;
215	215	THENCE: North 00 deg. 06 min. 32 sec. West, along the common
216	216	line of the James Smith Survey and the John T. Vince Survey, passing
217	217	at 151.11 feet, a railroad tie fence corner post for the Northeast
218	218	corner of Lot 22 and the Southeast corner of Lot 21, Crestwood Farms
219	219	Subdivision; in all, a distance of 705.54 feet to a concrete
220	220	monument and railroad tie fence corner, found for the Northeast
221	221	corner of Lot 21 and the Southeast corner of Lot 20 of Crestwood
222	222	Farms Subdivision, for an angle point in the West line of the herein
223	223	described tract;
224	224	THENCE: North 00 deg. 14 min. 29 sec. West, a distance of
225	225	556.92 feet along the East line of Lot 20 and the common line of the
226	226	James Smith Survey and the John T. Vince Survey, to a concrete
227	227	monument found at an old fence post for the Northeast corner of Lot
228	228	20 of Crestwood Farms Subdivision and the Southeast corner of Lot 8
229	229	in Block 10C of a revision to Lake Conroe Forest Subdivision, the
230	230	map or plat thereof recorded in Volume 5, Page 493 of the Map
231	231	Records of Montgomery County, Texas, for an angle point in the West
232	232	line of the herein described tract;
233	233	THENCE: North 00 deg. 37 min. 02 sec. West, continuing along
234	234	the common line of the James Smith Survey; and the John T. Vince
235	235	Survey a distance of 199.25 feet to a 5/8 inch iron rod, found for
236	236	the Northeast corner of Lot 8 and the Southeast corner of Lot 7 in
237	237	Block 10C of the revision to Lake Conroe Forest, for an angle point
238	238	in the West line of the herein described tract;
239	239	THENCE: North 01 deg. 47 min. 42 sec. West, continuing along
240	240	the common line of the James Smith Survey and the John T. Vince
241	241	Survey to a point for reference for the Northeast corner of said Lot
242	242	7 in Block 10C and the most Southerly corner of Lot 7 in Block 7 of
243	243	Lake Conroe Forest based on the map recorded in Volume 6, Page 17 of
244	244	the Map Records of Montgomery County, Texas, for an angle point in
245	245	the West line of the herein described tract;
246	246	THENCE: North 00 deg. 32 min. 03 sec. West, continuing along
247	247	the common line of the James Smith Survey and the John T. Vince
248	248	Survey a distance of 150.51 feet to a 5/8 inch iron rod, set for the
249	249	Northwest corner of the herein described tract and the Southwest
250	250	corner of that certain 46.053 acres as described in Deed recorded
251	251	under Clerk's File Number 9532205 of the Official Public Records of
252	252	Real Property of Montgomery County, Texas;
253	253	THENCE: North 89 deg. 27 min. 57 sec. East, a distance of
254	254	1224.42 feet along the South line of the 46.053 acre tract to a 5/8
255	255	inch iron rod, set for the Northeast corner of the herein described
256	256	tract;
257	257	THENCE: South 00 deg. 26 min. 41 sec. West, severing the
258	258	aforesaid 53.29 acre tract and passing at 420.53 feet, a 1/2 inch
259	259	iron rod, found for an interior corner of the 53.29 acre tract and
260	260	the Northwest corner of the aforementioned 44.964 acre tract;
261	261	continuing along the common line of the 53.29 acre tract and the
262	262	44.964 acre tract, in all, a distance of 2163.48 feet, back to the
263	263	POINT OF BEGINNING and containing 50.571 acres of land, more or
264	264	less.
265	265	TRACT 2
266	266	BEING 10.00 acres of Land in the James Smith Survey, A-37,
267	267	Montgomery County, Texas, being all of two five acre tracts
268	268	described as Tract 1 and Tract 2, conveyed Carol Couvillion as
269	269	recorded in Volume 970, Page 29, Deed Records; More fully described
270	270	in one tract as follows:
271	271	BEGINNING at a concrete monument for the Southwest corner of
272	272	Tract 2, and Southeast corner of Crestwood Farms tracts;
273	273	THENCE: N 89° 08° E, 933.4 feet to a 1/2" iron rod for the
274	274	Southeast corner of Tract 1;
275	275	THENCE: N 01° 30° E, 467.05 feet to a 1/2" iron rod for
276	276	corner;
277	277	THENCE: S 89° 08° W, 933.4 feet to an iron rod for corner;
278	278	THENCE: S 01° 30° W, 467.05 feet to the PLACE OF BEGINNING and
279	279	containing 10.00 acres of land, based on the survey and plat
280	280	prepared by Glezman Surveying, dated February 16, 1998.
281	281	TRACT 3
282	282	BEING 1.370 acres of land situated in the James Smith Survey,
283	283	A-37, Montgomery County, Texas, and being a 60 foot wide
284	284	ingress/egress easement described in deed as 1.37 acres recorded
285	285	under County Clerk's File No. 99025903 of the Real Property Records
286	286	of Montgomery County, Texas, and being situated in a certain 46.053
287	287	acres of land as described in deed recorded under County Clerk's
288	288	File No. 9532205 of the Real Property Records of Montgomery County,
289	289	Texas, said 1.370 acre easement being more particularly described
290	290	by metes and bounds as follows:
291	291	BEGINNING at a 5/8 inch iron rod found in the east boundary
292	292	line of Lot 7, Block 7, Lake Conroe Forest, according to the map or
293	293	plat thereof recorded in Volume 6, Page 17 of the Map Records of
294	294	Montgomery County, Texas, for the southwest corner of the said
295	295	46.053 acres of land common to the northwest corner of a certain
296	296	50.571 acres of land as described in deed recorded under County
297	297	Clerk's File No. 2010-026723 of the Real Property Records of
298	298	Montgomery County, Texas, same being the southwest corner and POINT
299	299	OF BEGINNING of the herein described easement;
300	300	THENCE North 00 degrees 33 minutes 48 seconds West, along the
301	301	east boundary line of said Lot 7 common to the west boundary line of
302	302	the said 46.053 acres of land, same being the west line of the
303	303	herein described easement, a distance of 934.68 feet to a 1/2 inch
304	304	iron rod found for the southeast corner of Tejas Boulevard, a 60
305	305	foot right-of-way, according to the map or plat thereof recorded in
306	306	Volume 6, Page 17 of the Map Records of Montgomery County, Texas,
307	307	and Cabinet D, Sheet 112-B of the Map Records of Montgomery County,
308	308	Texas, same being an angle point of the herein described easement;
309	309	THENCE North 00 degrees 33 minutes 43 seconds West, along the
310	310	east line of said Tejas Boulevard and continuing along the common
311	311	west boundary line of the said 46.053 acres of land and the herein
312	312	described easement, a distance of 60.00 feet to a point for the
313	313	northwest corner of the herein described easement;
314	314	THENCE North 89 degrees 02 minutes 39 seconds East, along the
315	315	north line of the herein described easement, a distance of 60.00
316	316	feet to a point for the northeast corner of the herein described
317	317	easement;
318	318	THENCE South 00 degrees 33 minutes 48 seconds East, along the
319	319	east line of the herein described easement, a distance of 995.12
320	320	feet to a point in the south boundary line of the said 46.053 acres
321	321	of land common to the north boundary line of the said 50.571 acres
322	322	of land for the southeast corner of the herein described easement;
323	323	THENCE South 89 degrees 27 minutes 57 seconds West, along
324	324	said common boundary line and the south line of the herein described
325	325	easement, a distance of 60.00 feet to the POINT OF BEGINNING and
326	326	containing a 1.370 acre ingress/egress easement.
327	327	SECTION 3. (a) The legal notice of the intention to
328	328	introduce this Act, setting forth the general substance of this
329	329	Act, has been published as provided by law, and the notice and a
330	330	copy of this Act have been furnished to all persons, agencies,
331	331	officials, or entities to which they are required to be furnished
332	332	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
333	333	Government Code.
334	334	(b) The governor, one of the required recipients, has
335	335	submitted the notice and Act to the Texas Commission on
336	336	Environmental Quality.
337	337	(c) The Texas Commission on Environmental Quality has filed
338	338	its recommendations relating to this Act with the governor, the
339	339	lieutenant governor, and the speaker of the house of
340	340	representatives within the required time.
341	341	(d) All requirements of the constitution and laws of this
342	342	state and the rules and procedures of the legislature with respect
343	343	to the notice, introduction, and passage of this Act are fulfilled
344	344	and accomplished.
345	345	SECTION 4. (a) If this Act does not receive a two-thirds
346	346	vote of all the members elected to each house, Subchapter C, Chapter
347	347	7917, Special District Local Laws Code, as added by Section 1 of
348	348	this Act, is amended by adding Section 7917.106 to read as follows:
349	349	Sec. 7917.106. NO EMINENT DOMAIN POWER. The district may
350	350	not exercise the power of eminent domain.
351	351	(b) This section is not intended to be an expression of a
352	352	legislative interpretation of the requirements of Section 17(c),
353	353	Article I, Texas Constitution.
354	354	SECTION 5. This Act takes effect immediately if it receives
355	355	a vote of two-thirds of all the members elected to each house, as
356	356	provided by Section 39, Article III, Texas Constitution. If this
357	357	Act does not receive the vote necessary for immediate effect, this
358	358	Act takes effect September 1, 2015.