By: Nichols S.B. No. 2453
(In the Senate - Filed March 21, 2019; March 27, 2019, read
first time and referred to Committee on Intergovernmental
Relations; April 23, 2019, reported favorably by the following
vote: Yeas 6, Nays 0; April 23, 2019, 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. 178; 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 8086 to read as follows:
CHAPTER 8086. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 178
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8086.0101. 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. 178.
Sec. 8086.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8086.0103. CONFIRMATION AND DIRECTOR 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. 8086.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8086.0103 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. 8086.0105. 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. 8086.0106. 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. 8086.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 8086.0202, directors
serve staggered four-year terms.
Sec. 8086.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Juan Trejo, III;
(2) Scott Carson;
(3) Darrin Warr;
(4) Will De la Rosa; and
(5) Cody Bark.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8086.0103; 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 8086.0103 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 8086.0103; 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. 8086.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8086.0302. 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. 8086.0303. 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. 8086.0304. 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. 8086.0305. 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. 8086.0306. DIVISION OF DISTRICT. (a) The district
may be divided into two or more new districts only if the district:
(1) has never issued any bonds; 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 enacting 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
8086.0103 to confirm the creation of the district.
(f) An order dividing the district shall:
(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 8086.0103.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) 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.
(k) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8086.0104 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8086.0401. 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 8086.0403.
(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. 8086.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8086.0401, 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. 8086.0403. 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. 8086.0501. 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. 8086.0502. 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. 8086.0503. 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. 178 initially includes all the territory contained in the
following area:
Being 133.0 acres of land in the F. K. Henderson Survey,
Abstract 248, Montgomery County, Texas, and being a portion of the
116.9 acre tract ("First Tract") and a portion of the 139.78 acre
tract ("Second Tract") described in the deed from Otway Taylor, et
al., to Geo. B. Darden recorded in Volume 258, Page 84 of the
Official Public Records of Real Property of Montgomery County,
Texas, also described in deed from Geo. B. Darden conveying 50%
interest in the above referenced tracts to W. T. Moran recorded in
Volume 285, Page 598 of the Official Public Records of Real Property
of Montgomery County, Texas, and being a portion of the 34 acre
tract described in deed from Geo. B. Darden conveying 50% interest
in said 34 acre tract to W. T. Moran recorded in Volume 285, Page 598
of the Official Public Records of Real Property of Montgomery
County, Texas, and 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 1-inch pinched top pipe found for the most
southerly corner of the called 4.4 acre tract described in the deed
to Bessie Ingrum, et al., recorded in Volume 613, Page 166 of the
Official Public Records of Real Property of Montgomery County,
Texas, and being on the existing east right-of-way line of
Interstate Highway 45 (width varies) described in Volume 495, Page
593 of the Montgomery County Deed Records and being a southwesterly
corner of the herein described tract;
THENCE North 72° 02' 04" East - 775.42 feet, with the
southerly line of said called 4.4 acre tract to a 5-inch metal post
at a barbed wire fence corner found for the most easterly corner of
said called 4.4 acre tract;
THENCE North 18° 13' 40" West - 258.57 feet, with the easterly
line of said called 4.4 acre tract to a 3/4-inch pinched top pipe
found for the most northerly corner of said called 4.4 acre tract
and being the most easterly corner of the called 20.478 acre tract
described in deed to O. G. Williams recorded under Volume 613, Page
166 of the Official Public Records of Real Property of Montgomery
County, Texas;
THENCE North 18° 04' 15" West - 1902.34 feet, with the
easterly line of said called 20.478 acre tract to a 5-inch metal
post at a barbed wire fence corner found for the most northerly
corner of said called 20.478 acre tract, being the northwest corner
of the herein described tract and being on the southeasterly line of
the 184 acre tract described in deed to W. T. Moran recorded in
Volume 225, Page 324 of the Montgomery County Deed Records, and from
which point a 1-inch pinched top pipe found on the existing east
right-of-way line of said Interstate Highway 45 bears South 72° 30'
01" West - 239.16 feet;
THENCE North 72° 30' 01" East, at a distance of 2178.53 feet
pass a found 1-1/4 inch iron pipe, in all a total distance of
2996.55 feet to a 5/8-inch iron rod with cap stamped "IDS" set for
an angle point in the center of the 50-feet wide Gulf States
Utilities Company easement recorded in Volume 117, Page 578 of the
Montgomery County Deed Records;
THENCE North 18° 25' 50" West - 150.08 feet, with the
centerline of said 50-feet wide easement, to a 4-inch metal pole in
concrete found for the west corner of the 6.000 acre tract described
in deed to Andrew Scott Munson recorded in File Number 2002-114531
of the Official Public Records of Real Property of Montgomery
County, Texas;
THENCE South 77° 55' 33" East - 628.35 feet, with the
southerly line of said 6.000 acre tract to a 5/8-inch iron rod with
cap stamped "IDS" set for an angle point and being the north corner
of the 1.724 acre tract described in deed to Boardman Lee Munson
recorded in File Number 2005-039674 of the Official Public Records
of Real Property of Montgomery County, Texas;
THENCE South 13° 15' 38" West - 410.25 feet, with the westerly
line of said 1.724 acre tract and subsequently the westerly line of
the 2.00 acre tract described in deed to S.R.S. FAMILY, L.P.
recorded in File Number 2016-072723 of the Official Public Records
of Real Property of Montgomery County, Texas, to a 5/8-inch iron rod
found for the southwest corner of said 2.00 acre tract and being an
interior corner of the herein described tract;
THENCE South 76° 38' 05" East - 418.77 feet, with the south
line of said 2.00 acre tract, to a 1/2-inch iron rod found for the
southeast corner of said 2.00 acre tract and being on the westerly
right-of-way line of State Highway 75 (width varies);
THENCE South 11° 56' 11" West - 641.18 feet, with the westerly
right-of-way line of State Highway 75, to a 1/2-inch iron rod with
cap stamped "JEFF MOON" found for the northeast corner of the
30-feet wide access easement described in deed to City of Willis
recorded in Volume 949, Page 600 of the Official Public Records of
Real Property of Montgomery County, Texas;
THENCE North 76° 39' 50" West - 170.90 feet, with the north
line of said 30-feet wide access easement, to a 1/2-inch iron rod
with cap stamped "JEFF MOON" found for the beginning of a curve to
the left;
THENCE in a southwesterly direction, with the north line of
said 30-feet wide easement and with said curve to the left, having a
radius of 275.00 feet, a central angle of 29° 50' 00", a chord
bearing and distance of South 88° 25' 13" West - 141.58 feet, and an
arc distance of 143.19 feet to a 1/2-inch iron rod (bent) found for
the end of said curve;
THENCE South 73° 30' 13" West - 376.45 feet, continuing with
the north line of said 30-feet wide easement, to a 5/8-inch iron rod
(bent) found for the northwest corner of said 30-feet wide easement
and being the northeast corner of a 4.3668 acre tract described in
deed to City of Willis recorded in File Number Volume 949, Page 593
of the Official Public Records of Real Property of Montgomery
County, Texas;
THENCE South 73° 27' 30" West - 549.83 feet, with the north
line of 4.3668 acre tract to a 5/8- inch iron rod found for the
northwest corner of said 4.3668 acre tract;
THENCE South 16° 08' 36" East - 74.20 feet, with a westerly
line of said 4.3668 acre tract, to the centerline of East Fork of
Crystal Creek and being a northerly corner of the called 56.537 acre
tract described in deed to WILLIS INDEPENDENT SCHOOL DISTRICT
recorded in File Number 2009-075919 of the Official Public Records
of Real Property of Montgomery County, Texas;
THENCE upstream with the centerline meanders of East Fork of
Crystal Creek and the northerly lines of said 56.537 acre tract the
following courses and distances:
South 70° 35' 11" West - 33.39 feet to a point;
North 80° 32' 26" West - 73.75 feet to a point;
South 71° 37' 44" West - 71.55 feet to a point;
North 37° 39' 44" West - 193.05 feet to a point;
North 75° 27' 42" West - 15.78 feet to a point;
South 79° 52' 36" West - 16.52 feet to a point;
North 21° 05' 06" West - 17.97 feet to a point;
North 36° 24' 29" East - 31.20 feet to a point;
North 75° 23' 22" West - 89.92 feet to a point;
North 72° 00' 47" West - 54.68 feet to a point;
North 26° 03' 42" East - 25.75 feet to a point;
North 61° 20' 29" East - 42.65 feet to a point;
North 15° 26' 24" West - 11.68 feet to a point;
North 53° 00' 21" West - 53.87 feet to a point;
South 58° 16' 00" West - 20.71 feet to a point;
North 79° 26' 57" West - 16.65 feet to a point;
North 48° 21' 09" West - 27.21 feet to a point;
North 18° 36' 35" West - 37.64 feet to a point;
North 15° 59' 52" West - 45.67 feet to a point;
North 30° 02' 36" West - 11.21 feet to a point;
North 72° 54' 49" West - 31.82 feet to a point;
North 86° 21' 07'' West - 28.71 feet to a point;
THENCE with westerly lines of said 56.537 acre tract and
interior lines of the herein described tract the following courses
and distances:
South 60° 52' 13" West - 439.62 feet to a 5/8-inch iron
rod with cap stamped "M&A" found for an angle corner;
South 12° 53' 19" West - 1415.35 feet to a 5/8-inch iron
rod with cap stamped "M&A" found for an angle corner;
South 22° 51' 04" East - 900.35 feet to a 5/8-inch iron
rod with cap stamped "M&A" found for an angle corner;
South 15° 52' 57'' East - 478.23 feet to a 5/8-inch iron
rod with cap stamped "IDS" set on the arc of a non-tangent
curve to the left and being on the north right-of-way line of
FM 830 (120-feet wide) recorded in Volume 563, Page 60 of the
Official Public Records of Real Property of Montgomery
County, Texas;
THENCE in a southwesterly direction, with the north
right-of-way line of FM 830 and said curve to the left, having a
radius of 2925.00 feet, a central angle of 03° 30' 20", a chord
bearing and distance of South 87° 37' 26" West - 178.93 feet, and an
arc distance of 178.96 feet to a TxDOT concrete monument found for
the end of said curve;
THENCE South 85° 52' 16" West - 902.35 feet, continuing with
the north right-of-way line of FM 830, to the south corner of a
cutback line at the intersection of the north right-of-way line of
FM 830 and the easterly right-of-way line of said Interstate
Highway 45, from which point a TxDOT concrete monument bears South
46° 39' 14" East - 1.07 feet;
THENCE North 39° 05' 47" West - 67.43 feet, with said cutback
line, to the north corner of said cutback line and the easterly
right-of-way line of said Interstate Highway 45, being the
beginning of a non-tangent curve to the left, from which point a
TxDOT concrete monument bears South 72° 08' 45" East - 0.46 feet;
THENCE in a northwesterly direction, with the easterly
right-of-way line of said Interstate Highway 45 and with said curve
to the left, having a radius of 285.00 feet, a central angle of 64°
59' 58", a chord bearing and distance of North 36° 39' 22" West -
306.26 feet, and an arc distance of 323.32 feet to the end of said
curve from which point a TxDOT concrete monument bears South 48° 43'
13" East - 0.51 feet;
THENCE North 69° 09' 21" West - 272.82 feet, continuing with
the easterly right-of-way line of said Interstate Highway 45 to a
TxDOT concrete monument found for the beginning of a curve to the
right;
THENCE in a northwesterly direction, continuing with the
easterly right-of-way line of said Interstate Highway 45 and with
said curve to the right, having a radius of 177.00 feet, a central
angle of 65° 00' 00", a chord bearing and distance of North 36° 39'
21" West - 190.20 feet, and an arc distance of 200.80 feet to a TxDOT
concrete monument found for the end of said curve;
THENCE North 04° 09' 21" West - 214.21 feet, continuing with
the easterly right-of-way line of said Interstate Highway 45, to
the POINT OF BEGINNING and containing 133.0 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
8086, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8086.0307 to read as follows:
Sec. 8086.0307. 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, 2019.
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