Texas 2019 - 86th Regular

Texas Senate Bill SB2516 Compare Versions

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1+86R16001 SLB-F
12 By: Nichols S.B. No. 2516
2- (In the Senate - Filed April 3, 2019; April 3, 2019, read
3- first time and referred to Committee on Intergovernmental
4- Relations; April 23, 2019, reported favorably by the following
5- vote: Yeas 6, Nays 0; April 23, 2019, sent to printer.)
6-Click here to see the committee vote
73
84
95 A BILL TO BE ENTITLED
106 AN ACT
117 relating to the creation of the Montgomery County Municipal Utility
128 District No. 179; granting a limited power of eminent domain;
139 providing authority to issue bonds; providing authority to impose
1410 assessments, fees, and taxes.
1511 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1612 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1713 Code, is amended by adding Chapter 8082 to read as follows:
1814 CHAPTER 8082. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 179
1915 SUBCHAPTER A. GENERAL PROVISIONS
2016 Sec. 8082.0101. DEFINITIONS. In this chapter:
2117 (1) "Board" means the district's board of directors.
2218 (2) "Commission" means the Texas Commission on
2319 Environmental Quality.
2420 (3) "Director" means a board member.
2521 (4) "District" means the Montgomery County Municipal
2622 Utility District No. 179.
2723 Sec. 8082.0102. NATURE OF DISTRICT. The district is a
2824 municipal utility district created under Section 59, Article XVI,
2925 Texas Constitution.
3026 Sec. 8082.0103. CONFIRMATION AND DIRECTOR ELECTION
3127 REQUIRED. The temporary directors shall hold an election to
3228 confirm the creation of the district and to elect five permanent
3329 directors as provided by Section 49.102, Water Code.
3430 Sec. 8082.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3531 temporary directors may not hold an election under Section
3632 8082.0103 until each municipality in whose corporate limits or
3733 extraterritorial jurisdiction the district is located has
3834 consented by ordinance or resolution to the creation of the
3935 district and to the inclusion of land in the district.
4036 Sec. 8082.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
4137 (a) The district is created to serve a public purpose and benefit.
4238 (b) The district is created to accomplish the purposes of:
4339 (1) a municipal utility district as provided by
4440 general law and Section 59, Article XVI, Texas Constitution; and
4541 (2) Section 52, Article III, Texas Constitution, that
4642 relate to the construction, acquisition, improvement, operation,
4743 or maintenance of macadamized, graveled, or paved roads, or
4844 improvements, including storm drainage, in aid of those roads.
4945 Sec. 8082.0106. INITIAL DISTRICT TERRITORY. (a) The
5046 district is initially composed of the territory described by
5147 Section 2 of the Act enacting this chapter.
5248 (b) The boundaries and field notes contained in Section 2 of
5349 the Act enacting this chapter form a closure. A mistake made in the
5450 field notes or in copying the field notes in the legislative process
5551 does not affect the district's:
5652 (1) organization, existence, or validity;
5753 (2) right to issue any type of bond for the purposes
5854 for which the district is created or to pay the principal of and
5955 interest on a bond;
6056 (3) right to impose a tax; or
6157 (4) legality or operation.
6258 SUBCHAPTER B. BOARD OF DIRECTORS
63- Sec. 8082.0201. GOVERNING BODY; TERMS. (a) The district
64- is governed by a board of five elected directors.
59+ Sec. 8082.0201. GOVERNING BODY; TERMS. (a) The district is
60+ governed by a board of five elected directors.
6561 (b) Except as provided by Section 8082.0202, directors
6662 serve staggered four-year terms.
6763 Sec. 8082.0202. TEMPORARY DIRECTORS. (a) On or after the
6864 effective date of the Act enacting this chapter, the owner or owners
6965 of a majority of the assessed value of the real property in the
7066 district may submit a petition to the commission requesting that
7167 the commission appoint as temporary directors the five persons
7268 named in the petition. The commission shall appoint as temporary
7369 directors the five persons named in the petition.
7470 (b) Temporary directors serve until the earlier of:
7571 (1) the date permanent directors are elected under
7672 Section 8082.0103; or
7773 (2) the fourth anniversary of the effective date of
7874 the Act enacting this chapter.
7975 (c) If permanent directors have not been elected under
8076 Section 8082.0103 and the terms of the temporary directors have
8177 expired, successor temporary directors shall be appointed or
8278 reappointed as provided by Subsection (d) to serve terms that
8379 expire on the earlier of:
8480 (1) the date permanent directors are elected under
8581 Section 8082.0103; or
8682 (2) the fourth anniversary of the date of the
8783 appointment or reappointment.
8884 (d) If Subsection (c) applies, the owner or owners of a
8985 majority of the assessed value of the real property in the district
9086 may submit a petition to the commission requesting that the
9187 commission appoint as successor temporary directors the five
9288 persons named in the petition. The commission shall appoint as
9389 successor temporary directors the five persons named in the
9490 petition.
9591 SUBCHAPTER C. POWERS AND DUTIES
9692 Sec. 8082.0301. GENERAL POWERS AND DUTIES. The district
9793 has the powers and duties necessary to accomplish the purposes for
9894 which the district is created.
9995 Sec. 8082.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
10096 DUTIES. The district has the powers and duties provided by the
10197 general law of this state, including Chapters 49 and 54, Water Code,
10298 applicable to municipal utility districts created under Section 59,
10399 Article XVI, Texas Constitution.
104100 Sec. 8082.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
105101 52, Article III, Texas Constitution, the district may design,
106102 acquire, construct, finance, issue bonds for, improve, operate,
107103 maintain, and convey to this state, a county, or a municipality for
108104 operation and maintenance macadamized, graveled, or paved roads, or
109105 improvements, including storm drainage, in aid of those roads.
110106 Sec. 8082.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
111107 road project must meet all applicable construction standards,
112108 zoning and subdivision requirements, and regulations of each
113109 municipality in whose corporate limits or extraterritorial
114110 jurisdiction the road project is located.
115111 (b) If a road project is not located in the corporate limits
116112 or extraterritorial jurisdiction of a municipality, the road
117113 project must meet all applicable construction standards,
118114 subdivision requirements, and regulations of each county in which
119115 the road project is located.
120116 (c) If the state will maintain and operate the road, the
121117 Texas Transportation Commission must approve the plans and
122118 specifications of the road project.
123119 Sec. 8082.0305. COMPLIANCE WITH MUNICIPAL CONSENT
124120 ORDINANCE OR RESOLUTION. The district shall comply with all
125121 applicable requirements of any ordinance or resolution that is
126122 adopted under Section 54.016 or 54.0165, Water Code, and that
127123 consents to the creation of the district or to the inclusion of land
128124 in the district.
129125 Sec. 8082.0306. CERTAIN NAVIGATION IMPROVEMENTS. (a) The
130126 district is created for the following purposes and has the power to
131127 purchase, construct, acquire, own, operate, maintain, improve, or
132128 extend, inside or outside the district, a canal or other waterway,
133129 bulkhead, dock, or improvement in aid of such canals, waterways,
134130 bulkheads, or docks.
135131 (b) Notwithstanding any other law, the powers provided by
136132 Subsection (a) are subject to the applicable rules, regulations,
137133 and approval of the San Jacinto River Authority.
138134 (c) In the event the district adopts a rule or regulation
139135 relating to boating or navigation, the rule or regulation must be
140136 consistent with the applicable rules or regulations of the San
141137 Jacinto River Authority.
142138 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
143- Sec. 8082.0401. ELECTIONS REGARDING TAXES OR BONDS.
144- (a) The district may issue, without an election, bonds and other
139+ Sec. 8082.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
140+ The district may issue, without an election, bonds and other
145141 obligations secured by:
146142 (1) revenue other than ad valorem taxes; or
147143 (2) contract payments described by Section 8082.0403.
148144 (b) The district must hold an election in the manner
149145 provided by Chapters 49 and 54, Water Code, to obtain voter approval
150146 before the district may impose an ad valorem tax or issue bonds
151147 payable from ad valorem taxes.
152148 (c) The district may not issue bonds payable from ad valorem
153149 taxes to finance a road project unless the issuance is approved by a
154150 vote of a two-thirds majority of the district voters voting at an
155151 election held for that purpose.
156152 Sec. 8082.0402. OPERATION AND MAINTENANCE TAX. (a) If
157153 authorized at an election held under Section 8082.0401, the
158154 district may impose an operation and maintenance tax on taxable
159155 property in the district in accordance with Section 49.107, Water
160156 Code.
161157 (b) The board shall determine the tax rate. The rate may not
162158 exceed the rate approved at the election.
163159 Sec. 8082.0403. CONTRACT TAXES. (a) In accordance with
164160 Section 49.108, Water Code, the district may impose a tax other than
165161 an operation and maintenance tax and use the revenue derived from
166162 the tax to make payments under a contract after the provisions of
167163 the contract have been approved by a majority of the district voters
168164 voting at an election held for that purpose.
169165 (b) A contract approved by the district voters may contain a
170166 provision stating that the contract may be modified or amended by
171167 the board without further voter approval.
172168 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
173169 Sec. 8082.0501. AUTHORITY TO ISSUE BONDS AND OTHER
174170 OBLIGATIONS. The district may issue bonds or other obligations
175171 payable wholly or partly from ad valorem taxes, impact fees,
176172 revenue, contract payments, grants, or other district money, or any
177173 combination of those sources, to pay for any authorized district
178174 purpose.
179175 Sec. 8082.0502. TAXES FOR BONDS. At the time the district
180176 issues bonds payable wholly or partly from ad valorem taxes, the
181177 board shall provide for the annual imposition of a continuing
182178 direct ad valorem tax, without limit as to rate or amount, while all
183179 or part of the bonds are outstanding as required and in the manner
184180 provided by Sections 54.601 and 54.602, Water Code.
185181 Sec. 8082.0503. BONDS FOR ROAD PROJECTS. At the time of
186182 issuance, the total principal amount of bonds or other obligations
187183 issued or incurred to finance road projects and payable from ad
188184 valorem taxes may not exceed one-fourth of the assessed value of the
189185 real property in the district.
190186 SECTION 2. The Montgomery County Municipal Utility District
191187 No. 179 initially includes all the territory contained in the
192188 following area:
193189 BEING 56.7111 NET ACRES of land, situated in the John Corner
194190 Survey, Abstract Number 8 in Montgomery County, Texas, consisting
195191 of a 50.61 acre tract and 7.16 acre tract, described in Deed to
196192 General Monitors Transnational, LLC., recorded under Clerk's File
197193 Number 2007-020435 and a 2.4988 acre tract described in Deed to
198194 General Monitors Transnational, LLC., recorded under Clerk's File
199195 Number 2007-121045, together with a called 0.83 acre tract and a
200196 called 0.04 acre tract, described in that certain Boundary Line
201197 Agreement between Philip LeFevre and wife, Holly LeFevre and
202198 Grandview Development, Inc., recorded under Clerk's File Number
203199 2006-093056, all in the Real Property Records of Montgomery County,
204200 Texas; said 56.7111 acres being more particularly described by
205201 metes and bounds as follows with all bearings referenced to the
206202 North line of Lonestar Parkway, a variable width right-of-way
207203 recorded under Clerk's File Number 2004-134115 Real Property
208204 Records as found monumented on the ground:
209205 BEGINNING at an iron rod with a survey cap marked "C&R", found
210206 for the Southeast corner of the herein described tract and the
211207 Southwest corner of the Replat of Grandview, Section 4, the plat
212208 thereof recorded in Cabinet Z, Sheet 2594 of the Map Records of
213209 Montgomery County, Texas, and being located in the North line of
214210 Lonestar Parkway;
215211 THENCE with the following courses and distances along the
216212 North line of Lonestar Parkway:
217213 North 74°14'01" West, a chord distance of 345.27 feet along a
218214 curve to the left, having as its elements: a central angle of
219215 09°15'16", a radius of 2140.00 feet and an arc length of 345.65 feet
220216 to an iron rod with a survey cap marked "C&R", found for an angle
221217 point;
222218 North 74°57'21" West, a distance of 105.35 feet to a 5/8 inch
223219 iron rod with a survey cap marked "Glezman, RPLS 4627", set for the
224220 beginning of a curve to the left;
225221 North 87°15'30" West, a chord distance of 418.73 feet along a
226222 curve to the left, having as its elements: a central angle of
227223 11°10'36", a radius of 2150.00 feet and an arc length of 419.39 feet
228224 to an iron rod with a survey cap marked "Carter Burgess", found for
229225 an angle point;
230226 South 80°31'57" West, a distance of 104.82 feet, to an iron
231227 rod with a survey cap marked "Carter Burgess", found for the
232228 beginning of a curve to the left;
233229 South 80°06'43" West, a chord distance of 309.95 feet along a
234230 curve to the left, having as its elements: a central angle of
235231 08°18'21", a radius of 2140.00 feet and an arc length of 310.22 feet
236232 to an iron rod with a survey cap marked "Carter Burgess", found for
237233 an angle point;
238234 South 76°06'31" West, a distance of 43.83 feet to a 5/8 inch
239235 iron rod with survey cap, set for the Southwest corner of the herein
240236 described tract and the Southeast corner of the LeFevre
241237 Development, Inc., called 33.527 acre tract as described in Deed
242238 recorded under Clerk's File Number 2008-096315 Real Property
243239 Records;
244240 THENCE North 13°56'40" West, a distance of 631.37 feet,
245241 leaving the North line of Lonestar Parkway, along the East line of
246242 the called 33.527 acre tract, to a 5/8 inch iron rod with survey
247243 cap, set for an angle point;
248244 THENCE North 03°32'31" West, a distance of 568.53 feet to a
249245 5/8 inch iron rod, found for an angle point at the Northeast corner
250246 of the called 33.527 acre tract at the Southeast corner of Buffalo
251247 Crossing, a subdivision with the plat thereof recorded in Cabinet
252248 Z, Sheet 1462 of the Montgomery County Map Records;
253249 THENCE North 27°56'22" East, a distance of 659.88 feet along
254250 the Southeast line of Buffalo Crossing and the Northwesterly line
255251 of the called 50.61 acre tract and the called 7.16 acre tract, to an
256252 iron rod with a survey cap marked "Town & Country", found for an
257253 angle point at the Northwest corner of the called 7.16 acre tract
258254 and the Southwest corner of the called 2.4988 acre tract;
259255 THENCE North 00°12'04" West, a distance of 100.04 feet along
260256 the East line of Buffalo Crossing, passing at 70.92 feet, a "PK"
261257 nail in a wood bulkhead; in all, a distance of 100.04 feet to the
262258 Northwest corner of the herein described tract, in the South line of
263259 Reserve "F" of the Amending Plat Of Waterstone On Lake Conroe,
264260 Section 1, the plat thereof recorded in Cabinet Z, Sheet 1356 of the
265261 Map Records;
266262 THENCE South 89°47'03" East, a distance of 372.87 feet along
267263 the South line of Reserve "F" of the Amending Plat Of Waterstone On
268264 Lake Conroe, Section 1 and the North line of the called 2.4988 acre
269265 tract, to an angle point;
270266 THENCE North 75°17'26" East, a distance of 457.41 feet along
271267 the South line of Reserve "F" of the Amending Plat Of Waterstone On
272268 Lake Conroe, Section 1 and the North line of the called 2.4988 acre
273269 tract, to an angle point;
274270 THENCE North 83°09'49" East, a distance of 294.06 feet along
275271 the South line of Reserve "F" of the Amending Plat Of Waterstone On
276272 Lake Conroe, Section 1 and the North line of the called 2.4988 acre
277273 tract, to an angle point;
278274 THENCE South 54°29'34" East, a distance of 181.92 feet along
279275 the South line of Reserve "F" of the Amending Plat Of Waterstone On
280276 Lake Conroe, Section 1 and passing the East corner the called 2.4988
281277 acre tract, along the North line of the called 0.83 acre tract
282278 Boundary Line Agreement and the Southwesterly line of the
283279 Waterstone On Lake Conroe, Inc. called 155.2494 acre tract as
284280 recorded under Clerk's File Number 2007-109227 Real Property
285281 Records, to an angle point;
286282 THENCE North 69°37'08" East, a distance of 50.61 feet along
287283 the North line of the called 0.83 acre tract Boundary Line Agreement
288284 to an angle point;
289285 THENCE South 38°05'40" East, a distance of 110.95 feet along
290286 the North line of the called 0.83 acre tract Boundary Line Agreement
291287 to the Northeast corner of the herein described tract at the
292288 Northwest corner of Grandview Section 2, the plat thereof recorded
293289 in Cabinet Z, Sheet 280 of the Map Records;
294290 THENCE along the West line of Grandview Section 2 and the
295291 aforesaid Boundary Line Agreement, with the following bearings and
296292 distance:
297293 South 87°14'15" West, passing at a distance of 17.12 feet, a
298294 "PK" nail with washer marker "Glezman Surveying", set for reference
299295 in a wood bulkhead; a total distance of 114.00 feet to an angle
300296 point;
301297 South 23°44'52" West, a distance of 294.00 feet to an
302298 angle point;
303299 South 05°20'19" West, a distance of 91.97 feet to an
304300 angle point;
305301 South 05°20'56" West, a distance of 84.97 feet to an
306302 angle point;
307303 South 14°28'08" West, a distance of 171.11 feet to an
308304 angle point;
309305 South 26°24'26" East, a distance of 90.34 feet to an
310306 angle point;
311307 South 05°57'54" East, a distance of 127.78 feet to an
312308 angle point;
313309 South 11°05'43" West, a distance of 147.63 feet to an
314310 angle point;
315311 South 40°13'26" East, a distance of 64.64 feet to an
316312 angle point;
317313 South 40°13'26" East, a distance of 49.21 feet to an
318314 angle point;
319315 South 25°23'41" East, a distance of 207.16 feet to an
320316 angle point;
321317 South 03°53'33" East, a distance of 376.46 feet to a 5/8 inch
322318 iron rod with survey cap, set at the Northwest corner of the Replat
323319 of Grandview Section 4, the plat thereof recorded in Cabinet Z,
324320 Sheet 2594 of the Map Records;
325321 THENCE South 21°39'21" West, a distance of 300.00 feet along
326322 the West line of the Replat of Grandview Section 4, back to the
327323 Point of Beginning and containing 60.293 gross acres of land, based
328324 on the survey and plat prepared by Glezman Surveying Inc., dated
329325 July 3, 2014.
330326 SAVE AND EXCEPT the following described tract or parcel of
331327 land:
332328 Being 3.5819 acres (156,029 square feet) of land, situated in
333329 the John Corner Survey, Abstract Number 8 in Montgomery County,
334330 Texas and being out of the Consolidated Ventures, Inc. 60.293 acre
335331 tract as recorded under Clerk's File Number 2015056092 Real
336332 Property Records of Montgomery County, Texas; said 3.5819 acres
337333 being more particularly described by metes and bounds as follows
338334 with all bearings referenced to the North line of Lonestar Parkway,
339335 a variable width right-of-way recorded under Clerk's File Number
340336 2004-134115 Real Property Records, as found monumented on the
341337 ground:
342338 BEGINNING at an iron rod with a survey cap marked "C&R", found
343339 at the Southeast corner of the herein described tract and Southeast
344340 corner of the 60.293 acre tract, at the Southwest comer of the
345341 Replat of Grandview, Section 4, the plat thereof recorded in
346342 Cabinet Z, Sheet 2594 of the Map Records of Montgomery County, Texas
347343 and being the North line of Lonestar Parkway;
348344 THENCE with the following courses and distances along the
349345 North line of Lonestar Parkway:
350346 North 74°14'01" West, a chord distance of 345.27 feet along a
351347 curve to the left, having as its elements: a central angle of
352348 09°15'15", a radius of 2140.00 feet and an arc length of 345.65 feet
353349 to an iron rod with a survey cap marked "C&R", found for an angle
354350 point;
355351 North 74°57'21" West, a distance of 105.35 feet to a 5/8 inch
356352 iron rod with a survey cap marked "Glezman, RPLS 4627", set for the
357353 beginning of a curve to the left;
358354 North 81°55'50" West, a chord distance of 19.54 feet along a
359355 curve to the left, having as its elements: a central angle of
360356 00°31'15", a radius of 2150.00 feet and an arc length of 19.54 feet
361357 to an iron rod with a survey cap marked "Glezman RPLS 4627", set for
362358 the Southwest corner of the herein described tract;
363359 THENCE North 15°17'07" East, a distance of 325.00 feet,
364360 severing the 60.293 acre tract to a 5/8 inch iron rod with survey
365361 cap, set for the Northwest corner of the herein described tract;
366362 THENCE South 74°42'53" East, a distance of 493.95 feet,
367363 severing the 60.293 acre tract, to an iron rod with survey cap, set
368364 for the Northeast corner of the herein described tract and being in
369365 the East line of the 60.293 acre tract and the West line of
370366 Grandview Section 2, the plat thereof recorded in Cabinet Z, Sheet
371367 280 of the Map Records of Montgomery County, Texas;
372368 THENCE South 03°53'33" East, a distance of 28.43 feet along
373369 the East line of the 60.293 acre tract and West line of Grandview
374370 Section 2, to a 5/8 inch iron rod with survey cap, set for an angle
375371 point and being the Northwest corner of the aforementioned Replat
376372 of Grandview, Section 4;
377373 THENCE South 21°39'21" West, a distance of 300.00 feet along
378374 the West line of the Replat of Grandview, Section 4, back to the
379375 Point of beginning and containing 3.5819 acres of land based on the
380376 survey and plat prepared by Glezman Surveying, Inc., dated March 7,
381377 2017.
382378 Resulting in 56.7111 net acres of land.
383379 SECTION 3. (a) The legal notice of the intention to
384380 introduce this Act, setting forth the general substance of this
385381 Act, has been published as provided by law, and the notice and a
386382 copy of this Act have been furnished to all persons, agencies,
387383 officials, or entities to which they are required to be furnished
388384 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
389385 Government Code.
390386 (b) The governor, one of the required recipients, has
391387 submitted the notice and Act to the Texas Commission on
392388 Environmental Quality.
393389 (c) The Texas Commission on Environmental Quality has filed
394390 its recommendations relating to this Act with the governor, the
395391 lieutenant governor, and the speaker of the house of
396392 representatives within the required time.
397393 (d) All requirements of the constitution and laws of this
398394 state and the rules and procedures of the legislature with respect
399395 to the notice, introduction, and passage of this Act are fulfilled
400396 and accomplished.
401397 SECTION 4. (a) If this Act does not receive a two-thirds
402398 vote of all the members elected to each house, Subchapter C, Chapter
403399 8082, Special District Local Laws Code, as added by Section 1 of
404400 this Act, is amended by adding Section 8082.0307 to read as follows:
405401 Sec. 8082.0307. NO EMINENT DOMAIN POWER. The district may
406402 not exercise the power of eminent domain.
407403 (b) This section is not intended to be an expression of a
408404 legislative interpretation of the requirements of Section 17(c),
409405 Article I, Texas Constitution.
410406 SECTION 5. This Act takes effect immediately if it receives
411407 a vote of two-thirds of all the members elected to each house, as
412408 provided by Section 39, Article III, Texas Constitution. If this
413409 Act does not receive the vote necessary for immediate effect, this
414410 Act takes effect September 1, 2019.
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