Texas 2015 - 84th Regular

Texas Senate Bill SB946 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Creighton S.B. No. 946
2	2	(In the Senate - Filed March 4, 2015; March 9, 2015, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; April 30, 2015, reported favorably by the following
5	5	vote: Yeas 6, Nays 0; April 30, 2015, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of the Montgomery County Municipal Utility
12	12	District No. 145; granting a limited power of eminent domain;
13	13	providing authority to issue bonds; providing authority to impose
14	14	assessments, fees, and taxes.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	17	Code, is amended by adding Chapter 8498 to read as follows:
18	18	CHAPTER 8498. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 145
19	19	SUBCHAPTER A. GENERAL PROVISIONS
20	20	Sec. 8498.001. DEFINITIONS. In this chapter:
21	21	(1) "Board" means the district's board of directors.
22	22	(2) "Commission" means the Texas Commission on
23	23	Environmental Quality.
24	24	(3) "Director" means a board member.
25	25	(4) "District" means the Montgomery County Municipal
26	26	Utility District No. 145.
27	27	Sec. 8498.002. NATURE OF DISTRICT. The district is a
28	28	municipal utility district created under Section 59, Article XVI,
29	29	Texas Constitution.
30	30	Sec. 8498.003. CONFIRMATION AND DIRECTORS' ELECTION
31	31	REQUIRED. The temporary directors shall hold an election to
32	32	confirm the creation of the district and to elect five permanent
33	33	directors as provided by Section 49.102, Water Code.
34	34	Sec. 8498.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	35	temporary directors may not hold an election under Section 8498.003
36	36	until each municipality in whose corporate limits or
37	37	extraterritorial jurisdiction the district is located has
38	38	consented by ordinance or resolution to the creation of the
39	39	district and to the inclusion of land in the district.
40	40	Sec. 8498.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41	41	(a) The district is created to serve a public purpose and benefit.
42	42	(b) The district is created to accomplish the purposes of:
43	43	(1) a municipal utility district as provided by
44	44	general law and Section 59, Article XVI, Texas Constitution; and
45	45	(2) Section 52, Article III, Texas Constitution, that
46	46	relate to the construction, acquisition, improvement, operation,
47	47	or maintenance of macadamized, graveled, or paved roads, or
48	48	improvements, including storm drainage, in aid of those roads.
49	49	Sec. 8498.006. INITIAL DISTRICT TERRITORY. (a) The
50	50	district is initially composed of the territory described by
51	51	Section 2 of the Act enacting this chapter.
52	52	(b) The boundaries and field notes contained in Section 2 of
53	53	the Act enacting this chapter form a closure. A mistake made in the
54	54	field notes or in copying the field notes in the legislative process
55	55	does not affect the district's:
56	56	(1) organization, existence, or validity;
57	57	(2) right to issue any type of bond for the purposes
58	58	for which the district is created or to pay the principal of and
59	59	interest on a bond;
60	60	(3) right to impose a tax; or
61	61	(4) legality or operation.
62	62	SUBCHAPTER B. BOARD OF DIRECTORS
63	63	Sec. 8498.051. GOVERNING BODY; TERMS. (a) The district is
64	64	governed by a board of five elected directors.
65	65	(b) Except as provided by Section 8498.052, directors serve
66	66	staggered four-year terms.
67	67	Sec. 8498.052. TEMPORARY DIRECTORS. (a) On or after
68	68	September 1, 2015, the owner or owners of a majority of the assessed
69	69	value of the real property in the district may submit a petition to
70	70	the commission requesting that the commission appoint as temporary
71	71	directors the five persons named in the petition. The commission
72	72	shall appoint as temporary directors the five persons named in the
73	73	petition.
74	74	(b) Temporary directors serve until the earlier of:
75	75	(1) the date permanent directors are elected under
76	76	Section 8498.003; or
77	77	(2) September 1, 2019.
78	78	(c) If permanent directors have not been elected under
79	79	Section 8498.003 and the terms of the temporary directors have
80	80	expired, successor temporary directors shall be appointed or
81	81	reappointed as provided by Subsection (d) to serve terms that
82	82	expire on the earlier of:
83	83	(1) the date permanent directors are elected under
84	84	Section 8498.003; or
85	85	(2) the fourth anniversary of the date of the
86	86	appointment or reappointment.
87	87	(d) If Subsection (c) applies, the owner or owners of a
88	88	majority of the assessed value of the real property in the district
89	89	may submit a petition to the commission requesting that the
90	90	commission appoint as successor temporary directors the five
91	91	persons named in the petition. The commission shall appoint as
92	92	successor temporary directors the five persons named in the
93	93	petition.
94	94	SUBCHAPTER C. POWERS AND DUTIES
95	95	Sec. 8498.101. GENERAL POWERS AND DUTIES. The district has
96	96	the powers and duties necessary to accomplish the purposes for
97	97	which the district is created.
98	98	Sec. 8498.102. MUNICIPAL UTILITY DISTRICT POWERS AND
99	99	DUTIES. The district has the powers and duties provided by the
100	100	general law of this state, including Chapters 49 and 54, Water Code,
101	101	applicable to municipal utility districts created under Section 59,
102	102	Article XVI, Texas Constitution.
103	103	Sec. 8498.103. AUTHORITY FOR ROAD PROJECTS. Under Section
104	104	52, Article III, Texas Constitution, the district may design,
105	105	acquire, construct, finance, issue bonds for, improve, operate,
106	106	maintain, and convey to this state, a county, or a municipality for
107	107	operation and maintenance macadamized, graveled, or paved roads, or
108	108	improvements, including storm drainage, in aid of those roads.
109	109	Sec. 8498.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
110	110	road project must meet all applicable construction standards,
111	111	zoning and subdivision requirements, and regulations of each
112	112	municipality in whose corporate limits or extraterritorial
113	113	jurisdiction the road project is located.
114	114	(b) If a road project is not located in the corporate limits
115	115	or extraterritorial jurisdiction of a municipality, the road
116	116	project must meet all applicable construction standards,
117	117	subdivision requirements, and regulations of each county in which
118	118	the road project is located.
119	119	(c) If the state will maintain and operate the road, the
120	120	Texas Transportation Commission must approve the plans and
121	121	specifications of the road project.
122	122	Sec. 8498.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
123	123	OR RESOLUTION. The district shall comply with all applicable
124	124	requirements of any ordinance or resolution that is adopted under
125	125	Section 54.016 or 54.0165, Water Code, and that consents to the
126	126	creation of the district or to the inclusion of land in the
127	127	district.
128	128	Sec. 8498.106. DIVISION OF DISTRICT. (a) The district may
129	129	be divided into two or more new districts only if the district:
130	130	(1) has no outstanding bonded debt; and
131	131	(2) is not imposing ad valorem taxes.
132	132	(b) This chapter applies to any new district created by the
133	133	division of the district, and a new district has all the powers and
134	134	duties of the district.
135	135	(c) Any new district created by the division of the district
136	136	may not, at the time the new district is created, contain any land
137	137	outside the area described by Section 2 of the Act creating this
138	138	chapter.
139	139	(d) The board, on its own motion or on receipt of a petition
140	140	signed by the owner or owners of a majority of the assessed value of
141	141	the real property in the district, may adopt an order dividing the
142	142	district.
143	143	(e) The board may adopt an order dividing the district
144	144	before or after the date the board holds an election under Section
145	145	8498.003 to confirm the creation of the district and before or after
146	146	an election under Section 8498.151 to authorize the issuance of
147	147	bonds.
148	148	(f) An order dividing the district must:
149	149	(1) name each new district;
150	150	(2) include the metes and bounds description of the
151	151	territory of each new district;
152	152	(3) appoint temporary directors for each new district;
153	153	and
154	154	(4) provide for the division of assets and liabilities
155	155	between or among the new districts.
156	156	(g) On or before the 30th day after the date of adoption of
157	157	an order dividing the district, the district shall file the order
158	158	with the commission and record the order in the real property
159	159	records of each county in which the district is located.
160	160	(h) Any new district created by the division of the district
161	161	shall hold a confirmation and directors' election as required by
162	162	Section 8498.003.
163	163	(i) Any new district created by the division of the district
164	164	must hold an election as required by this chapter to obtain voter
165	165	approval before the district may impose a maintenance tax or issue
166	166	bonds payable wholly or partly from ad valorem taxes.
167	167	(j) If the creation of the new district is confirmed, the
168	168	new district shall provide the election date and results to the
169	169	commission.
170	170	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
171	171	Sec. 8498.151. ELECTIONS REGARDING TAXES OR BONDS.
172	172	(a) The district may issue, without an election, bonds and other
173	173	obligations secured by:
174	174	(1) revenue other than ad valorem taxes; or
175	175	(2) contract payments described by Section 8498.153.
176	176	(b) The district must hold an election in the manner
177	177	provided by Chapters 49 and 54, Water Code, to obtain voter approval
178	178	before the district may impose an ad valorem tax or issue bonds
179	179	payable from ad valorem taxes.
180	180	(c) The district may not issue bonds payable from ad valorem
181	181	taxes to finance a road project unless the issuance is approved by a
182	182	vote of a two-thirds majority of the district voters voting at an
183	183	election held for that purpose.
184	184	Sec. 8498.152. OPERATION AND MAINTENANCE TAX. (a) If
185	185	authorized at an election held under Section 8498.151, the district
186	186	may impose an operation and maintenance tax on taxable property in
187	187	the district in accordance with Section 49.107, Water Code.
188	188	(b) The board shall determine the tax rate. The rate may not
189	189	exceed the rate approved at the election.
190	190	Sec. 8498.153. CONTRACT TAXES. (a) In accordance with
191	191	Section 49.108, Water Code, the district may impose a tax other than
192	192	an operation and maintenance tax and use the revenue derived from
193	193	the tax to make payments under a contract after the provisions of
194	194	the contract have been approved by a majority of the district voters
195	195	voting at an election held for that purpose.
196	196	(b) A contract approved by the district voters may contain a
197	197	provision stating that the contract may be modified or amended by
198	198	the board without further voter approval.
199	199	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
200	200	Sec. 8498.201. AUTHORITY TO ISSUE BONDS AND OTHER
201	201	OBLIGATIONS. The district may issue bonds or other obligations
202	202	payable wholly or partly from ad valorem taxes, impact fees,
203	203	revenue, contract payments, grants, or other district money, or any
204	204	combination of those sources, to pay for any authorized district
205	205	purpose.
206	206	Sec. 8498.202. TAXES FOR BONDS. At the time the district
207	207	issues bonds payable wholly or partly from ad valorem taxes, the
208	208	board shall provide for the annual imposition of a continuing
209	209	direct ad valorem tax, without limit as to rate or amount, while all
210	210	or part of the bonds are outstanding as required and in the manner
211	211	provided by Sections 54.601 and 54.602, Water Code.
212	212	Sec. 8498.203. BONDS FOR ROAD PROJECTS. At the time of
213	213	issuance, the total principal amount of bonds or other obligations
214	214	issued or incurred to finance road projects and payable from ad
215	215	valorem taxes may not exceed one-fourth of the assessed value of the
216	216	real property in the district.
217	217	SECTION 2. The Montgomery County Municipal Utility District
218	218	No. 145 initially includes all the territory contained in the
219	219	following area:
220	220	BEING 265.772 ACRES OF LAND IN THE THOMAS P. DAVY SURVEY, A-162 AND
221	221	THE BENNETT BLAKE SURVEY, A-4 MONTGOMERY COUNTY, TEXAS, SAID
222	222	265.772 ACRES BEING OUT OF THE WILLIS-WAUKEGAN, LTD. 583.12 ACRE
223	223	TRACT OF LAND, DEED OF WHICH IS RECORDED UNDER COUNTY CLERKS' FILE
224	224	NUMBER 2004-095061, MONTGOMERY COUNTY REAL PROPERTY RECORDS, SAID
225	225	265.772 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
226	226	BEGINNING at the West corner of the above mentioned 583.12
227	227	acre tract of land and the South corner of the Duane T. Corley,
228	228	Trustee 200.00 acre tract of land, deed of which is recorded under
229	229	County Clerks' File Number 2004-094357, Montgomery County Real
230	230	Property Records, for the West corner of the herein described tract
231	231	of land;
232	232	THENCE N. 57° 34' 10" E., along the Northwest line of said
233	233	583.12 acre tract of land and the Southeast line of the above
234	234	mentioned 200.00 acre tract of land for a distance of 2,401.60 feet
235	235	to the West corner of the Foroutan Amini and Michele Rodgers-Amini
236	236	74.119 acre tract of land, deed of which is recorded under County
237	237	Clerks' File Number 2009-010950, Montgomery County Real Property
238	238	Records, for the North corner of the herein described tract of land;
239	239	THENCE S. 32° 25' 50" E., leaving said Northwest and Southeast
240	240	line, along the Southwest line of the above mentioned 74.119 acre
241	241	tract of land and across said 583.12 acre tract of land for a
242	242	distance of 920.00 feet to the South corner of said 74.119 acre
243	243	tract of land for an inside corner of the herein described tract of
244	244	land;
245	245	THENCE N. 57° 34' 10" E., continuing across said 583.12 acre
246	246	tract of land and along the Southeast line of said 74.119 acre tract
247	247	of land for a distance of 3,490.97 feet to the West line of
248	248	Willis-Waukegan Road at the East corner of said 74.119 acre tract of
249	249	land for the North corner of the herein described tract of land;
250	250	THENCE S. 32° 26' 09" E., leaving the above mentioned
251	251	Southeast line for a distance of 194.13 feet to a corner of the
252	252	herein described tract of land;
253	253	THENCE along the East line of said 583.12 acre tract of land
254	254	and the West line of the above mentioned Willis-Waukegan Road the
255	255	following calls to a corner of the herein described tract of land;
256	256	1) S. 25° 13' 00" E., for a distance of 275.54 feet;
257	257	2) S. 23° 20' 51" E., for a distance of 236.97 feet;
258	258	3) S. 18° 07' 26" E., for a distance of 153.41 feet to the
259	259	North corner of the Raul Rodriguez 55.955 acre tract of land, deed
260	260	of which is recorded under County Clerks' File Number 2009-008448,
261	261	Montgomery County Real Property Records;
262	262	THENCE S. 66° 39' 09" W., leaving said East and West line,
263	263	across said 583.12 acre tract of land and along the North line of
264	264	the above mentioned Rodriguez tract of land, for a distance of
265	265	1,185.46 feet to the beginning of a curve to the left for a corner of
266	266	the herein described tract of land;
267	267	THENCE in a Southwesterly direction, continuing across said
268	268	583.12 acre tract of land and along said Rodriguez North line and
269	269	said curve to the left having a radius of 270.00 feet, a central
270	270	angle of 09° 06' 30", for an arc length of 42.92 feet, chord bears S.
271	271	61° 47' 43" W., 42.88 feet to the end of curve for a corner of the
272	272	herein described tract of land;
273	273	THENCE S. 57° 21' 09" W., continuing across said 583.12 acre
274	274	tract of land and along said Rodriguez North line for a distance of
275	275	1,457.60 feet to the West corner of said 55.955 acre tract of land
276	276	for an inside corner of the herein described tract of land;
277	277	THENCE S. 32° 26' 40" E., continuing across said 583.12 acre
278	278	tract of land and along the Northwest line of said Rodriguez tract
279	279	of land for a distance of 70.00 feet to the North corner of the Raul
280	280	Rodriguez and Wife Bernardina Rodriguez, 73.07 acre of land, deed
281	281	of which is recorded under County Clerks' File Number 2011-041469,
282	282	Montgomery County Real Property Records, for a corner of the herein
283	283	described tract of land;
284	284	THENCE S. 57° 21' 07" W., continuing across said 583.12 acre
285	285	tract of land and along the North line of the above mentioned 73.07
286	286	acre tract of land for a distance of 1,061.01 feet to its' Northwest
287	287	corner for an inside corner of the herein described tract of land;
288	288	THENCE S. 06° 51' 06" W., continuing across said 583.12 acre
289	289	tract of land and along the West line of said 73.07 acre tract of
290	290	land for a distance of 1,521.50 feet to its' West corner for an
291	291	inside corner of the herein described tract of land;
292	292	THENCE S. 59° 33' 43" E., continuing across said 583.12 acre
293	293	tract of land and along the Southwest line of said 73.07 acre tract
294	294	of land for a distance of 1,541.82 feet to a corner of the herein
295	295	described tract of land;
296	296	THENCE continuing across said 583.12 acre tract of land and
297	297	along the South and West lines of said 73.07 acre tract of land the
298	298	following calls to a corner of the herein described tract of land;
299	299	1) S. 81° 41' 54" E., for a distance of 65.14 feet;
300	300	2) S. 13° 37' 01" E., for a distance of 27.17 feet;
301	301	3) S. 18° 13' 47" W, for a distance of 16.81 feet;
302	302	4) S. 33° 00' 05" W, for a distance of 78.46 feet;
303	303	5) S. 18° 02' 43" W, for a distance of 31.61 feet;
304	304	6) S. 03° 01' 00" W, for a distance of 33.62 feet;
305	305	7) S. 55° 16' 32" E., for a distance of 12.71 feet;
306	306	8) N. 83° 10' 28" E., for a distance of 24.02 feet;
307	307	9) N. 69° 31' 40" E., for a distance of 50.14 feet;
308	308	10) 73° 39' 10" E., for a distance of 10.05 feet to the
309	309	Southeast corner of said 73.07 acre tract of land on the West line
310	310	of the Richard Koch 104.129 acre tract of land, deed of which is
311	311	recorded under County Clerks' File Number 2009-006656, Montgomery
312	312	County Real Property Records, for a corner of the herein described
313	313	tract of land;
314	314	THENCE S. 03° 52' 35" W., continuing across said 583.12 acre
315	315	tract of land and along the West line of the above mentioned 104.129
316	316	acre tract of land for a distance of 759.90 feet to the Northwest
317	317	line of the Maurice Hoffman 25.770 acre tract of land, deed of which
318	318	is recorded under County Clerks' File Number 9325516, Montgomery
319	319	County Real Property Records on the Southeast line of said 583.12
320	320	acre tract of land for the Southeasterly corner of the herein
321	321	described tract of land;
322	322	THENCE S. 57° 37' 47" W., along the above mentioned Northwest
323	323	and Southeast line for a distance of 1,333.78 feet to the South
324	324	corner of said 583.12 acre tract of land for the Southwest corner of
325	325	the herein described tract of land;
326	326	THENCE N. 32° 26' 50" W., along the Southwest line of said
327	327	583.12 acre tract of land for a distance of 5,019.25 feet to the
328	328	POINT OF BEGINNING and containing in all 265.772 acres of land.
329	329	This description is based upon an exhibit as prepared by
330	330	Jeffrey Moon and Associates, Inc., dated October 17, 2014. Bearings
331	331	are based upon the West line of the 583.12 acre tract of land.
332	332	SECTION 3. (a) The legal notice of the intention to
333	333	introduce this Act, setting forth the general substance of this
334	334	Act, has been published as provided by law, and the notice and a
335	335	copy of this Act have been furnished to all persons, agencies,
336	336	officials, or entities to which they are required to be furnished
337	337	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
338	338	Government Code.
339	339	(b) The governor, one of the required recipients, has
340	340	submitted the notice and Act to the Texas Commission on
341	341	Environmental Quality.
342	342	(c) The Texas Commission on Environmental Quality has filed
343	343	its recommendations relating to this Act with the governor, the
344	344	lieutenant governor, and the speaker of the house of
345	345	representatives within the required time.
346	346	(d) All requirements of the constitution and laws of this
347	347	state and the rules and procedures of the legislature with respect
348	348	to the notice, introduction, and passage of this Act are fulfilled
349	349	and accomplished.
350	350	SECTION 4. (a) If this Act does not receive a two-thirds
351	351	vote of all the members elected to each house, Subchapter C, Chapter
352	352	8498, Special District Local Laws Code, as added by Section 1 of
353	353	this Act, is amended by adding Section 8498.107 to read as follows:
354	354	Sec. 8498.107. NO EMINENT DOMAIN POWER. The district may
355	355	not exercise the power of eminent domain.
356	356	(b) This section is not intended to be an expression of a
357	357	legislative interpretation of the requirements of Section 17(c),
358	358	Article I, Texas Constitution.
359	359	SECTION 5. This Act takes effect September 1, 2015.
360	360	* * * * *