By: Bettencourt, et al. S.B. No. 2056
(Metcalf)
A BILL TO BE ENTITLED
relating to the creation of the Montgomery County Municipal Utility
District No. 148; 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 7921 to read as follows:
CHAPTER 7921. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 148
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7921.001. 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. 148.
Sec. 7921.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7921.003. 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. 7921.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7921.003
until each municipality in whose corporate limits 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. 7921.005. 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. 7921.006. 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. 7921.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7921.052, directors serve
staggered four-year terms.
Sec. 7921.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Timothy P. Williamson;
(2) Keith Schoonover;
(3) Jim C. Platt;
(4) Christopher DiPaolo; and
(5) Joe Mattingly.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7921.003; 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 7921.003 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 7921.003; 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. 7921.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7921.102. 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. 7921.103. 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. 7921.104. 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. 7921.105. 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. 7921.151. 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 7921.153.
(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. 7921.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7921.151, 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. 7921.153. 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. 7921.201. 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. 7921.202. 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. 7921.203. 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. 148 initially includes all the territory contained in the
following area:
All that certain 82.91 acres of land, in the A. M. Folks Survey,
A-215, and the John Dorsey, A-174, Montgomery County, Texas, being
a portion of the 93.0689 acre residue tract of the 164.9807 acre
Partition tract described in the deed to Jonathan Thornberry
recorded under Montgomery County Clerk's File Number 9361507 of the
Official Public Records of Real Property of Montgomery County,
Texas, being more particularly described by metes and bounds as
follows with bearings based on the Texas Coordinate System of 1983,
Central Zone:
BEGINNING at a 5/8 inch iron rod found for the northeast corner of
said 93.0689 acre tract, common to the northwest corner of the
56.904 acre tract described in deed to Long Street, L.L.C. from
Henry T. Brooks recorded under Montgomery County Clerk's File
Number 2012095116, of the Official Public Records of Real Property
of Montgomery County, Texas, in the south line of the 538.209 acre
tract described in the deed to Land Barons XX-Conroe recorded in
Volume 808, Page 578 of the Montgomery County Deed Records;
THENCE South 17° 45' 51" East - 1520.62 feet, with an east line of
said 93.0689 acre tract, common to the east line of said 56.904 acre
tract and the west line of the 15.000 acre tract described in the
deed from Henry T. Brooks and Billie F. Brooks to Proformance, Inc.
recorded under Montgomery County Clerk's File Number 2002133498, of
the Official Public Records of Real Property of Montgomery County,
Texas, to the most easterly southeast corner of the herein
described tract, common to the northeast corner of the 10.00 acre
tract described in the deed from Jerel J. Hill to Living Word
Assembly of God of Conroe, Inc. recorded under Montgomery County
Clerk's File Number 9514320, of the Official Public Records of Real
Property of Montgomery County, Texas, from which a found 1/2 inch
iron rod bears North 46 15' 19" East - 0.84 feet;
THENCE South 72° 14' 30" West - 399.89 feet, with the north line of
said 10.00 acre tract to a 5/8 inch iron rod found for an angle
corner of the herein described tract, common to the northwest
corner of said 10.00 acre tract, from which a found 1/2 inch iron
rod bears North 87° 12' 00" East - 1.51 feet;
THENCE South 17° 45' 30" East - 1090.57 feet, with the west line of
said 10.00 acre tract to the most southerly southeast corner of the
herein described tract, common to the southwest corner of said
10.00 acre tract, in the north right-of-way line of Loop 336 (150'
R.O.W.), from which a found 1/2 inch iron rod bears
North 79° 11' 13" East - 1.63 feet;
THENCE South 71° 45' 56" West - 380.09 feet, with the north
right-of-way line of said Loop 336, to a 5/8 inch iron rod found for
the Point of Curvature of a curve to the left;
THENCE in a southwesterly direction, continuing with said north
right-of-way line, along said curve to the left, having a central
angle of 12° 56' 20", a chord bearing and distance of South 65° 17'
46" West - 663.62 feet, a radius of 2944.90 feet, an arc distance of
665.04 feet to a 5/8 inch iron rod found for the most southerly
southwest corner of the herein described tract, common to the
southwest corner of said 93.0689 acre tract and the southeast
corner of the 29.197 acre tract described as Tract V in the deed
from Conroe Parks Foundation, Inc. to Al Stewart, Trustee recorded
under Montgomery County Clerk's File Number 2005-061027, of the
Official Public Records of Real Property of Montgomery County,
Texas;
THENCE North 17° 43' 38" West - 984.39 feet, with a west line of
said 93.0689 acre tract, common to the east line of said 29.197 acre
tract, to an angle corner of the herein described tract, common to
an angle corner of said 93.0689 acre tract and the northeast corner
of said 29.197 acre tract;
THENCE South 71° 36' 50" West - 361.03 feet, with a south line of
said 93.0689 acre tract, common to the north line of said 29.197
acre tract, to an angle corner of the herein described tract, in the
centerline of Little Caney Creek;
THENCE with the centerline meanders of Little Caney Creek the
following (29) twenty-nine courses and distances:
North 03° 03' 51" West - 52.47 feet to an angle corner of the
herein described tract;
North 66° 24' 47" West - 41.80 feet to an angle corner of the
herein described tract;
North 12° 29' 51" West - 17.49 feet to an angle corner of the
herein described tract;
North 41° 05' 34" East - 45.82 feet to an angle corner of the
herein described tract;
North 07° 13' 07" East - 12.93 feet to an angle corner of the
herein described tract;
North 46° 08' 56" West - 59.04 feet to an angle corner of the
herein described tract;
North 02° 24' 21" West - 70.14 feet to an angle corner of the
herein described tract;
North 26° 18' 57" East - 34.57 feet to an angle corner of the
herein described tract;
North 07° 09' 40" West - 28.66 feet to an angle corner of the
herein described tract;
North 24° 28' 33" West - 49.25 feet to an angle corner of the
herein described tract;
North 16° 19' 11" East - 45.42 feet to an angle corner of the
herein described tract;
North 05° 22' 51" East - 48.13 feet to an angle corner of the
herein described tract;
North 31° 51' 20" West - 44.89 feet to an angle corner of the
herein described tract;
North 64° 34' 21" West - 25.73 feet to an angle corner of the
herein described tract;
North 05° 34' 25" West - 56.32 feet to an angle corner of the
herein described tract;
North 11° 31' 43" West - 39.97 feet to an angle corner of the
herein described tract;
North 19° 20' 05" East - 55.07 feet to an angle corner of the
herein described tract;
North 12° 22' 13" West - 37.23 feet to an angle corner of the
herein described tract;
North 12° 33' 04" East - 67.16 feet to an angle corner of the
herein described tract;
North 00° 06' 31" West - 64.48 feet to an angle corner of the
herein described tract;
North 24° 26' 14" West - 13.94 feet to an angle corner of the
herein described tract;
North 04° 37' 44" East - 79.92 feet to an angle corner of the
herein described tract;
North 35° 04' 05" East - 49.14 feet to an angle corner of the
herein described tract;
North 05° 22' 59" West - 59.03 feet to an angle corner of the
herein described tract;
North 29° 08' 10" West - 87.95 feet to an angle corner of the
herein described tract;
North 39° 59' 31" East - 57.02 feet to an angle corner of the
herein described tract;
North 20° 59' 46" East - 59.93 feet to an angle corner of the
herein described tract;
North 21° 59' 30" East - 72.85 feet to an angle corner of the
herein described tract;
North 00° 15' 24" West - 9.12 feet to an angle corner of the herein
described tract, in the west line of said 93.0689 acre tract, common
to the east line of SOUTHERN OAKS, SEC. 2, recorded under Cab. A,
Sheet 30A, in the Map Records of Montgomery County, Texas;
THENCE North 17° 43' 38" West - 502.80 feet, with the west line of
said 93.0689 acre tract, the east line of said SOUTHERN OAKS, SEC. 2
and the west line of CONROE MEMORIAL CEMETARY, recorded under Cab.
T, Sheets 89-94, in the Map Records of Montgomery County, Texas, to
a 5/8 inch iron rod found for the northwest corner of the herein
described tract, common to the northwest corner of said 93.0689
acre tract, from which a found 1/2 inch iron rod bears
South 44° 25' 04" West - 1.42 feet;
THENCE North 71° 33' 14" East - 1437.22 feet, with the north line of
said 93.0689 acre tract, common to the south line of said 538.209
acre tract to the POINT OF BEGINNING and containing 82.91 acres of
land.
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
7921, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7921.106 to read as follows:
Sec. 7921.106. 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.