By: Creighton S.B. No. 946
(In the Senate - Filed March 4, 2015; March 9, 2015, read
first time and referred to Committee on Intergovernmental
Relations; April 30, 2015, reported favorably by the following
vote: Yeas 6, Nays 0; April 30, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 145; 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 8498 to read as follows:
CHAPTER 8498. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 145
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8498.001. 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. 145.
Sec. 8498.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8498.003. 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. 8498.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8498.003
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. 8498.005. 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. 8498.006. 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. 8498.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8498.052, directors serve
staggered four-year terms.
Sec. 8498.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2015, 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 8498.003; or
(2) September 1, 2019.
(c) If permanent directors have not been elected under
Section 8498.003 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 8498.003; 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. 8498.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8498.102. 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. 8498.103. 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. 8498.104. 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. 8498.105. 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.
Sec. 8498.106. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8498.003 to confirm the creation of the district and before or after
an election under Section 8498.151 to authorize the issuance of
bonds.
(f) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8498.003.
(i) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(j) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8498.151. 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 8498.153.
(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. 8498.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8498.151, 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. 8498.153. 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. 8498.201. 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. 8498.202. 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. 8498.203. 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. 145 initially includes all the territory contained in the
following area:
BEING 265.772 ACRES OF LAND IN THE THOMAS P. DAVY SURVEY, A-162 AND
THE BENNETT BLAKE SURVEY, A-4 MONTGOMERY COUNTY, TEXAS, SAID
265.772 ACRES BEING OUT OF THE WILLIS-WAUKEGAN, LTD. 583.12 ACRE
TRACT OF LAND, DEED OF WHICH IS RECORDED UNDER COUNTY CLERKS' FILE
NUMBER 2004-095061, MONTGOMERY COUNTY REAL PROPERTY RECORDS, SAID
265.772 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at the West corner of the above mentioned 583.12
acre tract of land and the South corner of the Duane T. Corley,
Trustee 200.00 acre tract of land, deed of which is recorded under
County Clerks' File Number 2004-094357, Montgomery County Real
Property Records, for the West corner of the herein described tract
of land;
THENCE N. 57° 34' 10" E., along the Northwest line of said
583.12 acre tract of land and the Southeast line of the above
mentioned 200.00 acre tract of land for a distance of 2,401.60 feet
to the West corner of the Foroutan Amini and Michele Rodgers-Amini
74.119 acre tract of land, deed of which is recorded under County
Clerks' File Number 2009-010950, Montgomery County Real Property
Records, for the North corner of the herein described tract of land;
THENCE S. 32° 25' 50" E., leaving said Northwest and Southeast
line, along the Southwest line of the above mentioned 74.119 acre
tract of land and across said 583.12 acre tract of land for a
distance of 920.00 feet to the South corner of said 74.119 acre
tract of land for an inside corner of the herein described tract of
land;
THENCE N. 57° 34' 10" E., continuing across said 583.12 acre
tract of land and along the Southeast line of said 74.119 acre tract
of land for a distance of 3,490.97 feet to the West line of
Willis-Waukegan Road at the East corner of said 74.119 acre tract of
land for the North corner of the herein described tract of land;
THENCE S. 32° 26' 09" E., leaving the above mentioned
Southeast line for a distance of 194.13 feet to a corner of the
herein described tract of land;
THENCE along the East line of said 583.12 acre tract of land
and the West line of the above mentioned Willis-Waukegan Road the
following calls to a corner of the herein described tract of land;
1) S. 25° 13' 00" E., for a distance of 275.54 feet;
2) S. 23° 20' 51" E., for a distance of 236.97 feet;
3) S. 18° 07' 26" E., for a distance of 153.41 feet to the
North corner of the Raul Rodriguez 55.955 acre tract of land, deed
of which is recorded under County Clerks' File Number 2009-008448,
Montgomery County Real Property Records;
THENCE S. 66° 39' 09" W., leaving said East and West line,
across said 583.12 acre tract of land and along the North line of
the above mentioned Rodriguez tract of land, for a distance of
1,185.46 feet to the beginning of a curve to the left for a corner of
the herein described tract of land;
THENCE in a Southwesterly direction, continuing across said
583.12 acre tract of land and along said Rodriguez North line and
said curve to the left having a radius of 270.00 feet, a central
angle of 09° 06' 30", for an arc length of 42.92 feet, chord bears S.
61° 47' 43" W., 42.88 feet to the end of curve for a corner of the
herein described tract of land;
THENCE S. 57° 21' 09" W., continuing across said 583.12 acre
tract of land and along said Rodriguez North line for a distance of
1,457.60 feet to the West corner of said 55.955 acre tract of land
for an inside corner of the herein described tract of land;
THENCE S. 32° 26' 40" E., continuing across said 583.12 acre
tract of land and along the Northwest line of said Rodriguez tract
of land for a distance of 70.00 feet to the North corner of the Raul
Rodriguez and Wife Bernardina Rodriguez, 73.07 acre of land, deed
of which is recorded under County Clerks' File Number 2011-041469,
Montgomery County Real Property Records, for a corner of the herein
described tract of land;
THENCE S. 57° 21' 07" W., continuing across said 583.12 acre
tract of land and along the North line of the above mentioned 73.07
acre tract of land for a distance of 1,061.01 feet to its' Northwest
corner for an inside corner of the herein described tract of land;
THENCE S. 06° 51' 06" W., continuing across said 583.12 acre
tract of land and along the West line of said 73.07 acre tract of
land for a distance of 1,521.50 feet to its' West corner for an
inside corner of the herein described tract of land;
THENCE S. 59° 33' 43" E., continuing across said 583.12 acre
tract of land and along the Southwest line of said 73.07 acre tract
of land for a distance of 1,541.82 feet to a corner of the herein
described tract of land;
THENCE continuing across said 583.12 acre tract of land and
along the South and West lines of said 73.07 acre tract of land the
following calls to a corner of the herein described tract of land;
1) S. 81° 41' 54" E., for a distance of 65.14 feet;
2) S. 13° 37' 01" E., for a distance of 27.17 feet;
3) S. 18° 13' 47" W, for a distance of 16.81 feet;
4) S. 33° 00' 05" W, for a distance of 78.46 feet;
5) S. 18° 02' 43" W, for a distance of 31.61 feet;
6) S. 03° 01' 00" W, for a distance of 33.62 feet;
7) S. 55° 16' 32" E., for a distance of 12.71 feet;
8) N. 83° 10' 28" E., for a distance of 24.02 feet;
9) N. 69° 31' 40" E., for a distance of 50.14 feet;
10) 73° 39' 10" E., for a distance of 10.05 feet to the
Southeast corner of said 73.07 acre tract of land on the West line
of the Richard Koch 104.129 acre tract of land, deed of which is
recorded under County Clerks' File Number 2009-006656, Montgomery
County Real Property Records, for a corner of the herein described
tract of land;
THENCE S. 03° 52' 35" W., continuing across said 583.12 acre
tract of land and along the West line of the above mentioned 104.129
acre tract of land for a distance of 759.90 feet to the Northwest
line of the Maurice Hoffman 25.770 acre tract of land, deed of which
is recorded under County Clerks' File Number 9325516, Montgomery
County Real Property Records on the Southeast line of said 583.12
acre tract of land for the Southeasterly corner of the herein
described tract of land;
THENCE S. 57° 37' 47" W., along the above mentioned Northwest
and Southeast line for a distance of 1,333.78 feet to the South
corner of said 583.12 acre tract of land for the Southwest corner of
the herein described tract of land;
THENCE N. 32° 26' 50" W., along the Southwest line of said
583.12 acre tract of land for a distance of 5,019.25 feet to the
POINT OF BEGINNING and containing in all 265.772 acres of land.
This description is based upon an exhibit as prepared by
Jeffrey Moon and Associates, Inc., dated October 17, 2014. Bearings
are based upon the West line of the 583.12 acre tract 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
8498, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8498.107 to read as follows:
Sec. 8498.107. 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 September 1, 2015.
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