Texas 2017 - 85th Regular

Texas House Bill HB2681 Compare Versions

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Version 2 (New)

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1	1	85R7289 AAF-F
2	2	By: Bell H.B. No. 2681
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Blaketree Municipal Utility
7	7	District No. 2 of Montgomery County; granting a limited power of
8	8	eminent domain; providing authority to issue bonds; providing
9	9	authority to impose assessments, fees, and taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 7972 to read as follows:
13	13	CHAPTER 7972. BLAKETREE MUNICIPAL UTILITY DISTRICT NO. 2 OF
14	14	MONTGOMERY COUNTY
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7972.001. 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 Blaketree Municipal Utility
22	22	District No. 2 of Montgomery County.
23	23	Sec. 7972.002. 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. 7972.003. 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. 7972.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section 7972.003
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. 7972.005. 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. 7972.006. 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. 7972.051. 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 7972.052, directors serve
62	62	staggered four-year terms.
63	63	Sec. 7972.052. TEMPORARY DIRECTORS. (a) On or after
64	64	September 1, 2017, the owner or owners of a majority of the assessed
65	65	value of the real property in the district may submit a petition to
66	66	the commission requesting that the commission appoint as temporary
67	67	directors the five persons named in the petition. The commission
68	68	shall appoint as temporary directors the five persons named in the
69	69	petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7972.003; or
73	73	(2) September 1, 2021.
74	74	(c) If permanent directors have not been elected under
75	75	Section 7972.003 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 7972.003; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 7972.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 7972.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 7972.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 7972.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
106	106	project must meet all applicable construction standards, zoning and
107	107	subdivision requirements, and regulations of each municipality in
108	108	whose corporate limits or extraterritorial jurisdiction the road
109	109	project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 7972.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of any ordinance or resolution that is adopted under
121	121	Section 54.016 or 54.0165, Water Code, and that consents to the
122	122	creation of the district or to the inclusion of land in the
123	123	district.
124	124	Sec. 7972.106. DIVISION OF DISTRICT. (a) The district may
125	125	be divided into two or more new districts only if the district:
126	126	(1) has no outstanding bonded debt; and
127	127	(2) is not imposing ad valorem taxes.
128	128	(b) This chapter applies to any new district created by the
129	129	division of the district, and a new district has all the powers and
130	130	duties of the district.
131	131	(c) Any new district created by the division of the district
132	132	may not, at the time the new district is created, contain any land
133	133	outside the area described by Section 2 of the Act enacting this
134	134	chapter.
135	135	(d) The board, on its own motion or on receipt of a petition
136	136	signed by the owner or owners of a majority of the assessed value of
137	137	the real property in the district, may adopt an order dividing the
138	138	district.
139	139	(e) The board may adopt an order dividing the district
140	140	before or after the date the board holds an election under Section
141	141	7972.003 to confirm the creation of the district.
142	142	(f) An order dividing the district shall:
143	143	(1) name each new district;
144	144	(2) include the metes and bounds description of the
145	145	territory of each new district;
146	146	(3) appoint temporary directors for each new district;
147	147	and
148	148	(4) provide for the division of assets and liabilities
149	149	between or among the new districts.
150	150	(g) On or before the 30th day after the date of adoption of
151	151	an order dividing the district, the district shall file the order
152	152	with the commission and record the order in the real property
153	153	records of each county in which the district is located.
154	154	(h) Any new district created by the division of the district
155	155	shall hold a confirmation and directors' election as required by
156	156	Section 7972.003.
157	157	(i) Any new district created by the division of the district
158	158	must hold an election as required by this chapter to obtain voter
159	159	approval before the district may impose a maintenance tax or issue
160	160	bonds payable wholly or partly from ad valorem taxes.
161	161	(j) Municipal consent to the creation of the district and to
162	162	the inclusion of land in the district granted under Section
163	163	7972.004 acts as municipal consent to the creation of any new
164	164	district created by the division of the district and to the
165	165	inclusion of land in the new district.
166	166	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
167	167	Sec. 7972.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
168	168	district may issue, without an election, bonds and other
169	169	obligations secured by:
170	170	(1) revenue other than ad valorem taxes; or
171	171	(2) contract payments described by Section 7972.153.
172	172	(b) The district must hold an election in the manner
173	173	provided by Chapters 49 and 54, Water Code, to obtain voter approval
174	174	before the district may impose an ad valorem tax or issue bonds
175	175	payable from ad valorem taxes.
176	176	(c) The district may not issue bonds payable from ad valorem
177	177	taxes to finance a road project unless the issuance is approved by a
178	178	vote of a two-thirds majority of the district voters voting at an
179	179	election held for that purpose.
180	180	Sec. 7972.152. OPERATION AND MAINTENANCE TAX. (a) If
181	181	authorized at an election held under Section 7972.151, the district
182	182	may impose an operation and maintenance tax on taxable property in
183	183	the district in accordance with Section 49.107, Water Code.
184	184	(b) The board shall determine the tax rate. The rate may not
185	185	exceed the rate approved at the election.
186	186	Sec. 7972.153. CONTRACT TAXES. (a) In accordance with
187	187	Section 49.108, Water Code, the district may impose a tax other than
188	188	an operation and maintenance tax and use the revenue derived from
189	189	the tax to make payments under a contract after the provisions of
190	190	the contract have been approved by a majority of the district voters
191	191	voting at an election held for that purpose.
192	192	(b) A contract approved by the district voters may contain a
193	193	provision stating that the contract may be modified or amended by
194	194	the board without further voter approval.
195	195	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
196	196	Sec. 7972.201. AUTHORITY TO ISSUE BONDS AND OTHER
197	197	OBLIGATIONS. The district may issue bonds or other obligations
198	198	payable wholly or partly from ad valorem taxes, impact fees,
199	199	revenue, contract payments, grants, or other district money, or any
200	200	combination of those sources, to pay for any authorized district
201	201	purpose.
202	202	Sec. 7972.202. TAXES FOR BONDS. At the time the district
203	203	issues bonds payable wholly or partly from ad valorem taxes, the
204	204	board shall provide for the annual imposition of a continuing
205	205	direct ad valorem tax, without limit as to rate or amount, while all
206	206	or part of the bonds are outstanding as required and in the manner
207	207	provided by Sections 54.601 and 54.602, Water Code.
208	208	Sec. 7972.203. BONDS FOR ROAD PROJECTS. At the time of
209	209	issuance, the total principal amount of bonds or other obligations
210	210	issued or incurred to finance road projects and payable from ad
211	211	valorem taxes may not exceed one-fourth of the assessed value of the
212	212	real property in the district.
213	213	SECTION 2. The Blaketree Municipal Utility District No. 2
214	214	of Montgomery County initially includes all the territory contained
215	215	in the following area:
216	216	A METES AND BOUNDS description of a certain 452.0 acre tract out of
217	217	the Noah Griffith Survey, Abstract No. 16, in Montgomery County,
218	218	Texas, being all of the remainder of a called 469.383 acre tract
219	219	(Parcel B) conveyed by Special Warranty Deed to Montgomery Land
220	220	Partners, LP, recorded in Document No. 201302469 of the Official
221	221	Public Records of Montgomery County (OPRMC); Said 452.0 acre tract
222	222	being more particularly described by metes and bounds as follows
223	223	with all bearings being based on the most southerly north line of
224	224	the Final Plat of Bluejack National Phase 1A having a record bearing
225	225	of South 88°24'00" West, recorded in Cabinet Z, Sheets 3074-3088,
226	226	File No. 2014-102281 of the Map Records of Montgomery County;
227	227	BEGINNING at a point-for-corner marking the northeast corner of
228	228	said 469.383 acre remainder tract being in the south right-of-way
229	229	of Moon Camp Road and the west right-of-way of Farm to Market
230	230	Highway 1486;
231	231	THENCE along said west right-of-way, being common with the easterly
232	232	lines of said 469.383 acre remainder tract, the following seven (7)
233	233	courses and distances:
234	234	1. South 03°45'09" East, 1051.73 feet to a point-for-corner
235	235	and the beginning of a curve to the right;
236	236	2. Along said curve to the right, having a radius of 1392.48
237	237	feet, an arc length of 886.26 feet, a delta angle of 36°28'00", a
238	238	chord bearing of South 14°28'51" West, and a chord length of 871.38
239	239	feet, to a point-for-corner marking a point of tangency;
240	240	3. South 32°42'51" West, 1622.60 feet to a point-for-corner;
241	241	4. North 57°17'09" West, 10.00 feet to a point-for-corner;
242	242	5. South 32°42'51" West, 539.35 feet to a point-for-corner
243	243	and the beginning of a curve to the left;
244	244	6. Along said curve to the left, having a radius of 1482.48
245	245	feet, an arc length of 910.29 feet, a delta angle of 35°10'53" a
246	246	chord bearing of South 15°07'24" West, and a chord length of 896.06
247	247	feet, to a point-for-corner marking a point of tangency;
248	248	7. South 02°28'07" East, 1569.03 feet to a point-for-corner
249	249	marking the southeast corner of said 469.383 acre remainder tract
250	250	being common with the most easterly northeast corner of
251	251	aforementioned Final Plat of Bluejack National Phase 1A and being
252	252	in the west right-of-way of Farm to Market Highway 1486;
253	253	THENCE along the common lines of said 469.383 acre remainder tract
254	254	and said Final Plat of Bluejack National Phase 1A the following
255	255	three (3) courses and distances;
256	256	1. South 87°09'29" West, 100.00 feet to a point-for-corner;
257	257	2. North 02°28'41" West, 15.33 feet to a point-for-corner;
258	258	3. South 88°24'00" West, 3329.69 feet to a point-for-corner
259	259	marking the southwest corner of said 469.383 acre remainder tract;
260	260	THENCE along the common lines of said 469.383 acre remainder tract
261	261	and a called 4.945 acre tract conveyed by Special Warranty Deed to
262	262	The Bluejack Company, LLC recorded in Document No. 2016004704 of
263	263	the OPRMC the following three (3) courses and distances:
264	264	1. North 04°32'32" West, 4187.74 feet to a point-for-corner;
265	265	2. North 35°33'45" West, 115.14 feet to a point-for-corner
266	266	marking the beginning of a curve to the left;
267	267	3. Along said curve to the left, having a radius of 50.00
268	268	feet, an arc length of 45.78 feet, a delta angle of 52°27'52", a
269	269	chord bearing of North 67°22'48" West, and a chord length of 44.20
270	270	feet, to a point-for-corner marking a point of tangency and a
271	271	northwesterly corner of said 469.383 acre remainder tract;
272	272	THENCE North 03°36'45" West, along a northwesterly line of said
273	273	469.383 acre remainder tract, 76.30 feet to a point-for-corner
274	274	marking the most westerly northwest corner of said 469.383 acre
275	275	remainder tract;
276	276	THENCE North 87°16'11" East, along a north line of said 469.383 acre
277	277	remainder tract, 4097.69 feet to a point-for-corner marking an
278	278	interior corner of said 469.383 acre remainder tract;
279	279	THENCE North 02°40'00" West, along the most easterly west line of
280	280	said 469.383 acre remainder tract, 1590.96 feet to a
281	281	point-for-corner marking a north corner of said 469.383 acre tract
282	282	and being in aforementioned south right-of-way of Moon Camp Road;
283	283	THENCE along said south right-of-way of Moon Camp Road the
284	284	following eleven (11) courses and distances:
285	285	1. South 69°50'32" East, 4.92 feet to a point-for-corner;
286	286	2. South 84°21'10" East, 56.74 feet to a point-for-corner;
287	287	3. South 76°21'23" East, 36.53 feet to a point-for-corner;
288	288	4. South 80°18'36" East, 198.79 feet to a point-for-corner;
289	289	5. South 89°14'26" East, 215.50 feet to a point-for-corner;
290	290	6. North 86°14'44" East, 129.06 feet to a point-for-corner;
291	291	7. North 76°08'26" East, 6.64 feet to a point-for-corner;
292	292	8. North 80°26'42" East, 8.20 feet to a point-for-corner;
293	293	9. North 86°14'58" East, 20.60 feet to a point-for-corner;
294	294	10. North 78°56'24" East, 79.34 feet to a point-for-corner;
295	295	11. North 80°26'42" East, 604.86 feet to the POINT OF
296	296	BEGINNING, CONTAINING 452.0 acres of land.
297	297	SECTION 3. (a) The legal notice of the intention to
298	298	introduce this Act, setting forth the general substance of this
299	299	Act, has been published as provided by law, and the notice and a
300	300	copy of this Act have been furnished to all persons, agencies,
301	301	officials, or entities to which they are required to be furnished
302	302	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
303	303	Government Code.
304	304	(b) The governor, one of the required recipients, has
305	305	submitted the notice and Act to the Texas Commission on
306	306	Environmental Quality.
307	307	(c) The Texas Commission on Environmental Quality has filed
308	308	its recommendations relating to this Act with the governor, the
309	309	lieutenant governor, and the speaker of the house of
310	310	representatives within the required time.
311	311	(d) All requirements of the constitution and laws of this
312	312	state and the rules and procedures of the legislature with respect
313	313	to the notice, introduction, and passage of this Act are fulfilled
314	314	and accomplished.
315	315	SECTION 4. (a) If this Act does not receive a two-thirds
316	316	vote of all the members elected to each house, Subchapter C, Chapter
317	317	7972, Special District Local Laws Code, as added by Section 1 of
318	318	this Act, is amended by adding Section 7972.107 to read as follows:
319	319	Sec. 7972.107. NO EMINENT DOMAIN POWER. The district may
320	320	not exercise the power of eminent domain.
321	321	(b) This section is not intended to be an expression of a
322	322	legislative interpretation of the requirements of Section 17(c),
323	323	Article I, Texas Constitution.
324	324	SECTION 5. This Act takes effect September 1, 2017.