By: Nichols S.B. No. 2026
(Bell)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 150; 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 7925 to read as follows:
CHAPTER 7925. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 150
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7925.001. 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. 150.
Sec. 7925.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7925.003. 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. 7925.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7925.003
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. 7925.005. 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. 7925.006. 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. 7925.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7925.052, directors serve
staggered four-year terms.
Sec. 7925.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, 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 temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7925.003; 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 7925.003 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 7925.003; 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. 7925.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7925.102. 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. 7925.103. 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. 7925.104. 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,
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. 7925.105. 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. 7925.151. 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 7925.153.
(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. 7925.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7925.151, 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. 7925.153. 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. 7925.201. 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. 7925.202. 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. 7925.203. 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. 150 initially includes all the territory contained in the
following area:
TRACT 1
BEING a 104.295 acre tract of land situated in the John Corner
Survey, Abstract No. 8 and William W. Shepperd Survey, Abstract
No. 480, Montgomery County, Texas, and being portions of a 111.857
acre tract and a 33.863 acre tract described in deed to Joe and
Margaret Havens recorded under County Clerk's File No. 9512940 of
the Official Public Records of Montgomery County, Texas, said
104.295 acre tract being more particularly described as follows:
BEGINNING at a point for the southwesterly corner of the
herein described tract, intersecting the northerly line of Lot 49,
Block 1 of HILLTOP RANCH Section One, according to the map or plat
thereof recorded in Cabinet O, Sheet 138 of the Map Records of
Montgomery County, Texas, with the centerline of a creek marking
the southeasterly corner of a 14 acre tract described in deed to
Michelle Rod recorded under County Clerk's File No. 9464986;
THENCE with the centerline meanders of said creek with said
Michelle Rod tracts and the easterly line of HAVENSHIRE, according
to the map or plat thereof recorded in Cabinet H, Sheet 167B of said
Map Records, the following courses:
N 26° 13' 05" W a distance of 51.78 feet;
N 28° 45' 08" E a distance of 42.11 feet;
N 09° 57' 01" W a distance of 37.70 feet;
N 00° 20' 47" E a distance of 33.27 feet;
N 08° 19' 59" E a distance of 46.73 feet;
N 17° 53' 25" W a distance of 52.33 feet;
N 02° 01' 03" W a distance of 35.10 feet;
N 20° 27' 58" E a distance of 54.76 feet;
N 77° 51' 46" E a distance of 14.94 feet;
N 02° 05' 13" E a distance of 32.05 feet;
N 26° 41' 04" E a distance of 48.80 feet;
N 52° 24' 09" E a distance of 33.97 feet;
N 01° 35' 47" W a distance of 22.36 feet;
N 39° 56' 21" E a distance of 23.00 feet;
N 21° 46' 39" E a distance of 53.85 feet;
N 04° 53' 17" W a distance of 72.71 feet;
N 23° 25' 46" E a distance of 52.54 feet;
N 10° 26' 22" W a distance of 56.96 feet;
N 23° 46' 15" W a distance of 87.18 feet;
N 26° 07' 26" E a distance of 93.63 feet;
N 13° 43' 28" E a distance of 94.42 feet;
N 07° 20' 06" W a distance of 64.76 feet;
N 13° 43' 28" E a distance of 94.42 feet;
N 07° 20' 06" W a distance of 64.76 feet;
N 06° 18' 51" E a distance of 65.94 feet;
N 10° 40' 56" E a distance of 67.46 feet;
N 60° 18' 51" E a distance of 30.12 feet;
N 15° 02' 04" W a distance of 89.41 feet;
N 07° 23' 04" W a distance of 39.42 feet;
N 28° 13' 04" W a distance of 77.11 feet;
N 05° 31' 33" E a distance of 272.91 feet;
N 16° 49' 23" W a distance of 91.96 feet;
N 04° 50' 18" E a distance of 388.64 feet;
N 04° 11' 29" W a distance of 97.63 feet;
N 45° 06' 37" E a distance of 38.26 feet;
N 78° 17' 50" E a distance of 36.42 feet;
N 60° 44' 40" E a distance of 36.96 feet;
N 24° 08' 56" E a distance of 40.27 feet;
N 06° 09' 31" W a distance of 29.13 feet;
N 24° 39' 37" E a distance of 64.56 feet;
N 07° 25' 20" E a distance of 223.80 feet;
N 45° 47' 55" W a distance of 23.01 feet;
N 50° 13' 14" W a distance of 26.04 feet;
N 33° 21' 31" E a distance of 65.51 feet to the
southeasterly corner of HAVENSHIRE;
N 33° 21' 31" E a distance of 12.17 feet;
N 48° 55' 17" E a distance of 37.89 feet;
N 26° 06' 07" E a distance of 71.77 feet;
N 33° 11' 43" E a distance of 28.93 feet;
N 59° 21' 27" E a distance of 18.014 feet;
N 11° 10' 57" E a distance of 43.46 feet;
N 36° 37' 32" E a distance of 48.15 feet;
N 55° 42' 50" E a distance of 29.84 feet;
N 23° 53' 30" E a distance of 42.50 feet;
N 56° 06' 44" E a distance of 25.39 feet;
N 78° 34' 35" E a distance of 47.29 feet;
S 71° 55' 54" E a distance of 35.75 feet;
N 58° 59' 00" E a distance of 34.65 feet;
N 33° 34' 27" E a distance of 41.01 feet;
N 10° 35' 25" W a distance of 68.96 feet;
N 13° 53' 45" E a distance of 42.68 feet;
N 24° 16' 07" E a distance of 18.96 feet;
N 24° 16' 07" E a distance of 58.38 feet;
N 04° 43' 37" W a distance of 60.72 feet;
N 00° 25' 47" E a distance of 59.18 feet;
N 27° 52' 00" W a distance of 64.19 feet;
N 21° 55' 01 E a distance of 44.33 feet;
N 44° 12' 25" E a distance of 62.23 feet;
N 00° 00' 00" E a distance of 55.00 feet;
N 30° 17' 33" W a distance of 38.49 feet to a point in the
easterly line of a 21.245 acre tract described in deed to
Texas Fund No. 6, L.P. recorded under County Clerk's File
No. 2008-092439;
N 14° 51' 565" W a distance of 72.27 feet;
N 11° 26' 33" W a distance of 22.36 feet;
N 85° 29' 27" E a distance of 44.08 feet:
N 80° 22' 25" E a distance of 28.29 feet;
S 82° 25' 56" E a distance of 78.62 feet;
N 75° 27' 29" E a distance of 33.41 feet to a point in the
westerly line of a 1.442 acre tract Surveyed by Steve
Laughlin, now described in Correction Special Warrant Deed
recorded under County Clerk's File No. 2014062252;
THENCE with the westerly line of said 1.442 acre tract the
following courses:
S 14° 25' 15" E a distance of 109.29 feet;
S 31° 22' 57" E a distance of 103.76 feet;
S 47° 02' 57" E a distance of 68.02 feet to a point in the
westerly line of a 48.450 acre tract described in deed to
Kampgrounds of America recorded under County Clerk's File
No. 2007-000471;
THENCE with the westerly and southerly lines of said
Kampgrounds of America 48.450 acre tract the following courses:
S 29° 07' 31" W a distance of 169.27 feet;
S 10° 09' 55" W a distance of 143.50 feet;
S 62° 00' 58" E a distance of 514.46 feet;
S 47° 30' 15" E a distance of 151.80 feet;
S 53° 17' 47" W a distance of 186.45 feet;
S 47° 53' 11" E a distance of 387.41 feet;
Southeasterly with a curve to the right having a radius
of 245.00 feet, an arc length of 135.99 feet (S 04° 50' 31" E
134.25 feet);
S 53° 56' 16" W a distance of 21.17 feet;
S 21° 34' 47" W a distance of 40.23 feet;
S 67° 48' 53" W a distance of 157.62 feet;
S 09° 57' 31" W a distance of 376.44 feet;
S 74° 20' 34" E a distance of 303.88 feet;
N 64° 45' 21" E a distance of 152.52 feet;
N 32° 20' 41" E a distance of 329.71 feet;
N 49° 49' 48" E a distance of 256.39 feet;
N 62° 12' 41" E a distance of 114.56 feet;
N 48° 05' 27" E a distance of 182.47 feet;
N 23° 15' 09" W a distance of 167.19 feet;
N 81° 45' 56" E a distance of 309.70 feet to a point in
the westerly line of a 60 foot wide Roadway Easement (County
Clerk's Files No. 9219821, 9219822 and 9212379) also known as
Club Drive;
THENCE with the westerly line of said Roadway Easement the
following courses:
Southwesterly with a curve to the right having a radius
of 1022.90 feet, an arc length of 335.98 feet (S 03° 48' 04" W
335.98');
S 13° 15' 13" W a distance of 205.00 feet;
Southwesterly with a curve to the left having a radius
of 1236.57 feet, an arc length of 809.44 feet (S 32° 00' 22" W
795.06');
S 50° 45' 30" W a distance of 103.78 feet;
Southwesterly with a curve to the right having a radius
of 496.54 feet, an arc length of 229.94 feet (S 37° 29' 30" W
227.90 feet);
South 24° 13' 30" West a distance of 13.50 feet to a
point in the northerly line of those tracts described in deed
to Cross Development recorded under County Clerk's File
No. 2007-037729;
THENCE with the northerly line of the Cross Development tract
S 90° 00'00" W a distance of 719.68 feet to the northeasterly corner
of said Havens 33.863 acre tract;
THENCE with the westerly line of said 33.863 acre tract S 00°
00' 00" E a distance of 1353.32 feet to a point in the westerly line
of Lot 37, of HILLTOP RANCH and northeasterly corner of Lot 47;
THENCE with the northerly line of Lots 47, 48 and 49 of
HILLTOP RANCH N 89° 23' 54" W a distance of 1180.50 feet to the POINT
OF BEGINNING.
CONTAINING a computed area of 104.295 acres of land within
this Field Note Description.
TRACT 2
BEING a 22.551 acre tract of land situated in the John Corner
Survey, Abstract No. 8, Montgomery County, Texas, and being a
portion of that certain 35.7767 acre tract described in deed to H
and T Partnership recorded under County Clerk's File No. 9413864 of
the Official Public Records of Montgomery County, Texas, and being
that same tract described in deed to Joe D. Havens recorded under
County Clerk's File No. 99010873,m said 22.551 acre tract being
more particularly described as follows:
BEGINNING at a 5/8 inch iron rod found for the most easterly
corner of said H and T Partnership 35.7767 acre tract, also being
the northwesterly corner of a lot 21, Block 6, of ROMAN HILLS
SECTION ONE, according to the map or plat thereof recorded in
Cabinet A, Sheet 81 of the Map Records of Montgomery County, Texas,
and the southeasterly corner of a 24.04 acre tract described in deed
to D.C. Van Orden recorded under County Clerk's File
No. 2004-133004;
THENCE with the westerly line of ROMAN HILLS SECTION ONE
South 12° 30' 08" West a distance of 350.06 feet to a 5/8 inch iron
rod found for the northeasterly corner of a 50.014 acre tract
described in deed to Westland Oil Development Corporation recorded
under County Clerk's File No. 8038846, now part of those tracts
conveyed to Cross Development Montgomery LLC recorded under County
Clerk's File No. 2007-037729;
THENCE with the northerly line of said 50.014 acre tract
North 89° 58' 53" West a distance of 1619.79 feet to a 5/8 inch iron
rod found for corner;
THENCE North 00° 00' 00" East (NORTH) a distance of 178.31
feet to a 5/8 inch iron rod found for corner;
THENCE South 90° 00' 00" West (WEST) a distance of 414.30 feet
to a 5/8 inch iron rod found in the easterly right-of-way line of a
60 foot wide Roadway Easement recorded under County Clerk's File
No. 9219822;
THENCE with the easterly line of said Roadway Easement the
following courses:
Northeasterly with a curve to the right having a radius
of 436.54 feet, an arc length of 188.57 feet through a central
angle of 24° 44' 57" (chord bearing N 38° 23' 02" E 187.10 feet)
to a 5/8 inch iron rod found for corner;
North 50° 45' 30" East a distance of 103.78 feet to a 5/8
inch iron rod found for corner;
Northeasterly with a curve to the left having a radius
of 1296.57 feet, an arc length of 848.71 feet, through a
central angle of 37° 30' 17" (chord bearing N 32° 00' 21" E
83.64 feet) to a 5/8 inch iron rod found for the southwesterly
corner of a 4.905 acre tract described in deed to Secure Cash
Network recorded under County Clerk's File No. 2006-032988;
THENCE departing said Roadway Easement South 76° 46' 58" East
a distance of 10.57 feet to a 5/8 inch iron rod found in the easterly
line of said 35.7767 acre parent tract and westerly line of a 54.14
acre tract described in deed to William Wilcox recorded under
County Clerk's File No. 2000-099370;
THENCE South 13° 14' 32" West a distance of 416.30 feet to a 58
inch iron rod found for Wilcox's southwesterly corner;
THENCE South 76° 46' 57" East a distance of 1075.77 feet to a
5/8 inch iron rod found for Wilcox's southeasterly corner and
southwesterly corner of said 24.04 acre Van Orden tract;
THENCE with Van Orden's southerly line South 78° 36' 00" East
a distance of 519.54 feet to the POINT OF BEGINNING.
CONTAINING a computed area of 22.551 acres of land within
this Field Note Description.
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
7925, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7925.106 to read as follows:
Sec. 7925.106. 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 Section 17(c),
Article I, Texas Constitution.
SECTION 5. 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. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.