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Texas Senate Bill SB2528

Texas 2019 - 86th Regular

Texas Senate Bill SB2528 Compare Versions

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11 86R12381 AAF-F
22 By: Nichols S.B. No. 2528
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Montgomery County Municipal Utility
88 District No. 176 of Montgomery County; granting a limited power of
99 eminent domain; providing authority to issue bonds; providing
1010 authority to impose assessments, fees, and taxes.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1313 Code, is amended by adding Chapter 8084 to read as follows:
1414 CHAPTER 8084. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO.
1515 176 OF MONTGOMERY COUNTY
1616 SUBCHAPTER A. GENERAL PROVISIONS
1717 Sec. 8084.0101. DEFINITIONS. In this chapter:
1818 (1) "Board" means the district's board of directors.
1919 (2) "City" means the City of Willis, Texas.
2020 (3) "Commission" means the Texas Commission on
2121 Environmental Quality.
2222 (4) "Director" means a board member.
2323 (5) "District" means the Montgomery County Municipal
2424 Utility District No. 176 of Montgomery County.
2525 Sec. 8084.0102. NATURE OF DISTRICT. The district is a
2626 municipal utility district created under Section 59, Article XVI,
2727 Texas Constitution.
2828 Sec. 8084.0103. CONFIRMATION AND DIRECTOR ELECTION
2929 REQUIRED. The temporary directors shall hold an election to
3030 confirm the creation of the district and to elect five permanent
3131 directors as provided by Section 49.102, Water Code.
3232 Sec. 8084.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3333 temporary directors may not hold an election under Section
3434 8084.0103 until each municipality in whose corporate limits or
3535 extraterritorial jurisdiction the district is located has
3636 consented by ordinance or resolution to the creation of the
3737 district and to the inclusion of land in the district.
3838 Sec. 8084.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3939 (a) The district is created to serve a public purpose and benefit.
4040 (b) The district is created to accomplish the purposes of:
4141 (1) a municipal utility district as provided by
4242 general law and Section 59, Article XVI, Texas Constitution; and
4343 (2) Section 52, Article III, Texas Constitution, that
4444 relate to the construction, acquisition, improvement, operation,
4545 or maintenance of macadamized, graveled, or paved roads, or
4646 improvements, including storm drainage, in aid of those roads.
4747 Sec. 8084.0106. INITIAL DISTRICT TERRITORY. (a) The
4848 district is initially composed of the territory described by
4949 Section 2 of the Act enacting this chapter.
5050 (b) The boundaries and field notes contained in Section 2 of
5151 the Act enacting this chapter form a closure. A mistake made in the
5252 field notes or in copying the field notes in the legislative process
5353 does not affect the district's:
5454 (1) organization, existence, or validity;
5555 (2) right to issue any type of bond for the purposes
5656 for which the district is created or to pay the principal of and
5757 interest on a bond;
5858 (3) right to impose a tax; or
5959 (4) legality or operation.
6060 Sec. 8084.0107. EFFECT OF ANNEXATION. Notwithstanding any
6161 other law, if any of the territory of the district is annexed by the
6262 city into the city's corporate limits, the district:
6363 (1) retains all of the district's outstanding debt and
6464 obligations; and
6565 (2) is not dissolved.
6666 SUBCHAPTER B. BOARD OF DIRECTORS
6767 Sec. 8084.0201. GOVERNING BODY; TERMS. (a) The district is
6868 governed by a board of five elected directors.
6969 (b) Except as provided by Section 8084.0202, directors
7070 serve staggered four-year terms.
7171 Sec. 8084.0202. TEMPORARY DIRECTORS. (a) On or after
7272 September 1, 2019, the owner or owners of a majority of the assessed
7373 value of the real property in the district may submit a petition to
7474 the commission requesting that the commission appoint as temporary
7575 directors the five persons named in the petition. The commission
7676 shall appoint as temporary directors the five persons named in the
7777 petition.
7878 (b) Temporary directors serve until the earlier of:
7979 (1) the date permanent directors are elected under
8080 Section 8084.0103; or
8181 (2) September 1, 2023.
8282 (c) If permanent directors have not been elected under
8383 Section 8084.0103 and the terms of the temporary directors have
8484 expired, successor temporary directors shall be appointed or
8585 reappointed as provided by Subsection (d) to serve terms that
8686 expire on the earlier of:
8787 (1) the date permanent directors are elected under
8888 Section 8084.0103; or
8989 (2) the fourth anniversary of the date of the
9090 appointment or reappointment.
9191 (d) If Subsection (c) applies, the owner or owners of a
9292 majority of the assessed value of the real property in the district
9393 may submit a petition to the commission requesting that the
9494 commission appoint as successor temporary directors the five
9595 persons named in the petition. The commission shall appoint as
9696 successor temporary directors the five persons named in the
9797 petition.
9898 SUBCHAPTER C. POWERS AND DUTIES
9999 Sec. 8084.0301. GENERAL POWERS AND DUTIES. The district
100100 has the powers and duties necessary to accomplish the purposes for
101101 which the district is created.
102102 Sec. 8084.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
103103 DUTIES. The district has the powers and duties provided by the
104104 general law of this state, including Chapters 49 and 54, Water Code,
105105 applicable to municipal utility districts created under Section 59,
106106 Article XVI, Texas Constitution.
107107 Sec. 8084.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
108108 52, Article III, Texas Constitution, the district may design,
109109 acquire, construct, finance, issue bonds for, improve, operate,
110110 maintain, and convey to this state, a county, or a municipality for
111111 operation and maintenance macadamized, graveled, or paved roads, or
112112 improvements, including storm drainage, in aid of those roads.
113113 Sec. 8084.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
114114 road project must meet all applicable construction standards,
115115 zoning and subdivision requirements, and regulations of each
116116 municipality in whose corporate limits or extraterritorial
117117 jurisdiction the road project is located.
118118 (b) If a road project is not located in the corporate limits
119119 or extraterritorial jurisdiction of a municipality, the road
120120 project must meet all applicable construction standards,
121121 subdivision requirements, and regulations of each county in which
122122 the road project is located.
123123 (c) If the state will maintain and operate the road, the
124124 Texas Transportation Commission must approve the plans and
125125 specifications of the road project.
126126 Sec. 8084.0305. COMPLIANCE WITH MUNICIPAL CONSENT
127127 ORDINANCE OR RESOLUTION. The district shall comply with all
128128 applicable requirements of any ordinance or resolution that is
129129 adopted under Section 54.016 or 54.0165, Water Code, and that
130130 consents to the creation of the district or to the inclusion of land
131131 in the district.
132132 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
133133 Sec. 8084.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
134134 The district may issue, without an election, bonds and other
135135 obligations secured by:
136136 (1) revenue other than ad valorem taxes; or
137137 (2) contract payments described by Section 8084.0403.
138138 (b) The district must hold an election in the manner
139139 provided by Chapters 49 and 54, Water Code, to obtain voter approval
140140 before the district may impose an ad valorem tax or issue bonds
141141 payable from ad valorem taxes.
142142 (c) The district may not issue bonds payable from ad valorem
143143 taxes to finance a road project unless the issuance is approved by a
144144 vote of a two-thirds majority of the district voters voting at an
145145 election held for that purpose.
146146 Sec. 8084.0402. OPERATION AND MAINTENANCE TAX. (a) If
147147 authorized at an election held under Section 8084.0401, the
148148 district may impose an operation and maintenance tax on taxable
149149 property in the district in accordance with Section 49.107, Water
150150 Code.
151151 (b) The board shall determine the tax rate. The rate may not
152152 exceed the rate approved at the election.
153153 Sec. 8084.0403. CONTRACT TAXES. (a) In accordance with
154154 Section 49.108, Water Code, the district may impose a tax other than
155155 an operation and maintenance tax and use the revenue derived from
156156 the tax to make payments under a contract after the provisions of
157157 the contract have been approved by a majority of the district voters
158158 voting at an election held for that purpose.
159159 (b) A contract approved by the district voters may contain a
160160 provision stating that the contract may be modified or amended by
161161 the board without further voter approval.
162162 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
163163 Sec. 8084.0501. AUTHORITY TO ISSUE BONDS AND OTHER
164164 OBLIGATIONS. The district may issue bonds or other obligations
165165 payable wholly or partly from ad valorem taxes, impact fees,
166166 revenue, contract payments, grants, or other district money, or any
167167 combination of those sources, to pay for any authorized district
168168 purpose.
169169 Sec. 8084.0502. TAXES FOR BONDS. At the time the district
170170 issues bonds payable wholly or partly from ad valorem taxes, the
171171 board shall provide for the annual imposition of a continuing
172172 direct ad valorem tax, without limit as to rate or amount, while all
173173 or part of the bonds are outstanding as required and in the manner
174174 provided by Sections 54.601 and 54.602, Water Code.
175175 Sec. 8084.0503. BONDS FOR ROAD PROJECTS. At the time of
176176 issuance, the total principal amount of bonds or other obligations
177177 issued or incurred to finance road projects and payable from ad
178178 valorem taxes may not exceed one-fourth of the assessed value of the
179179 real property in the district.
180180 SECTION 2. The Montgomery County Municipal Utility District
181181 No. 176 of Montgomery County initially includes all the territory
182182 contained in the following area:
183183 MUD PARCEL NO. 1
184184 Being 294.27 acres (12,818,448 square feet) tract of land situated
185185 in the G.W. Lonis Survey, Abstract 313 and F.K. Henderson Survey,
186186 Abstract 248 of Montgomery County, Texas, said 294.27 acre parcel
187187 more particularly described by metes and bounds as follows with all
188188 bearings based on Texas State Plane Coordinate System, Central
189189 Zone, North American Datum 1983;
190190 BEGINNING at a point whose Northing is 10,150,276.69 and whose
191191 Easting is 3,822,867.80;
192192 THENCE South 18°01'05" East, a distance of 335.13 feet to a
193193 calculated point;
194194 THENCE North 71°46'15" East, a distance of 412.81 feet to a
195195 calculated point;
196196 THENCE North 17°53'50" West, a distance of 110.93 feet to a
197197 calculated point;
198198 THENCE North 70°26'59" East, a distance of 326.66 feet to a
199199 calculated point;
200200 THENCE South 18°28'09" East, a distance of 483.98 feet to a
201201 calculated point;
202202 THENCE North 71°32'00" East, a distance of 270.35 feet to a
203203 calculated point;
204204 THENCE North 71°33'06" East, a distance of 80.01 feet to a
205205 calculated point;
206206 THENCE North 18°31'42" West, a distance of 350.11 feet to a
207207 calculated point;
208208 THENCE North 71°34'38" East, a distance of 270.35 feet to a
209209 calculated point;
210210 THENCE South 18°27'32" East, a distance of 620.03 feet to a
211211 calculated point;
212212 THENCE South 71°36'03" West, a distance of 140.65 feet to a
213213 calculated point;
214214 THENCE South 18°06'06" East, a distance of 310.14 feet to a
215215 calculated point;
216216 THENCE North 71°17'17" East, a distance of 590.59 feet to a
217217 calculated point;
218218 THENCE South 18°35'47" East, a distance of 1905.31 feet to a
219219 calculated point;
220220 THENCE North 71°11'29" East, a distance of 650.94 feet to a
221221 calculated point;
222222 THENCE South 18°30'33" East, a distance of 642.81 feet to a
223223 calculated point;
224224 THENCE South 71°56'03" West, a distance of 340.71 feet to a
225225 calculated point;
226226 THENCE North 18°3'57" West, a distance of 140.00 feet to a
227227 calculated point;
228228 THENCE South 71°56'03" West, a distance of 150.00 feet to a
229229 calculated point;
230230 THENCE South 18°3'57" East, a distance of 140.00 feet to a
231231 calculated point;
232232 THENCE North 71°56'03" East, a distance of 490.71 feet to a
233233 calculated point;
234234 THENCE South 18°30'33" East, a distance of 849.33 feet to a
235235 calculated point;
236236 THENCE North 71°52'24" East, a distance of 82.85 feet to a
237237 calculated point;
238238 THENCE South 19°00'55" East, a distance of 207.61 feet to a
239239 calculated point;
240240 THENCE North 71°06'37" East, a distance of 648.85 feet to a
241241 calculated point;
242242 THENCE South 19°15'09" East, a distance of 288.24 feet to a
243243 calculated point;
244244 THENCE South 71°04'26" West, a distance of 1389.13 feet to a
245245 calculated point;
246246 THENCE South 18°28'21" East, a distance of 85.59 feet to a
247247 calculated point;
248248 THENCE along a curve to the RIGHT, having a radius of 2643.58 feet,
249249 a delta angle of 38°02'19", and whose long chord bears N 89°31°30"
250250 West, a distance of 1723.01 feet to a calculated point;
251251 THENCE along a curve to the RIGHT, having a radius of 2765.61 feet,
252252 a delta angle of 20°11'13", and whose long chord bears South
253253 53°40'39" West, a distance of 969.34 feet to a calculated point;
254254 THENCE North 18°30'13" West, a distance of 175.85 feet to a
255255 calculated point;
256256 THENCE North 17°19'50" West, a distance of 241.94 feet to a
257257 calculated point;
258258 THENCE North 18°13'44" West, a distance of 1100.46 feet to a
259259 calculated point;
260260 THENCE North 17°19'51" West, a distance of 1399.32 feet to a
261261 calculated point;
262262 THENCE North 01°08'03" East, a distance of 105.25 feet to a
263263 calculated point;
264264 THENCE North 17°16'50" West, a distance of 692.66 feet to a
265265 calculated point;
266266 THENCE North 15°17'28" West, a distance of 707.80 feet to a
267267 calculated point;
268268 THENCE North 01°56'38" West, a distance of 414.79 feet to a
269269 calculated point;
270270 THENCE North 17°21'02" West, a distance of 150.29 feet to a
271271 calculated point;
272272 THENCE North 28°16'51" East, a distance of 56.78 feet to a
273273 calculated point;
274274 THENCE North 71°42'33" East, a distance of 453.28 to the POINT OF
275275 BEGINNING, containing 294.27 acres (12,818,448 square feet) of land
276276 in Montgomery County, Texas.
277277 MUD PARCEL NO. 2
278278 Being 4.21 acres (183,407 square feet) tract of land situated in the
279279 F.K. Henderson Survey, Abstract 248 of Montgomery County, Texas,
280280 said 4.21 acre parcel more particularly described by metes and
281281 bounds as follows with all bearings based on Texas State Plane
282282 Coordinate System, Central Zone, North American Datum 1983;
283283 BEGINNING at a point whose Northing is 10,146,094.75 and whose
284284 Easting is 3,827,643.55;
285285 THENCE South 17°29'19" East, a distance of 718.64 feet to a
286286 calculated point;
287287 THENCE along a curve to the right, having a radius of 2645.09 feet,
288288 a delta angle of 18°19'36", and whose long chord bears North
289289 50°23'19" West, a distance of 842.45 feet to a calculated point;
290290 THENCE North 71°05'48"" East, a distance of 457.74 feet to the POINT
291291 OF BEGINNING, containing 4.21 acres (183,407 square feet) of land
292292 in Montgomery County, Texas.
293293 SECTION 3. (a) The legal notice of the intention to
294294 introduce this Act, setting forth the general substance of this
295295 Act, has been published as provided by law, and the notice and a
296296 copy of this Act have been furnished to all persons, agencies,
297297 officials, or entities to which they are required to be furnished
298298 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
299299 Government Code.
300300 (b) The governor, one of the required recipients, has
301301 submitted the notice and Act to the Texas Commission on
302302 Environmental Quality.
303303 (c) The Texas Commission on Environmental Quality has filed
304304 its recommendations relating to this Act with the governor, the
305305 lieutenant governor, and the speaker of the house of
306306 representatives within the required time.
307307 (d) All requirements of the constitution and laws of this
308308 state and the rules and procedures of the legislature with respect
309309 to the notice, introduction, and passage of this Act are fulfilled
310310 and accomplished.
311311 SECTION 4. (a) If this Act does not receive a two-thirds
312312 vote of all the members elected to each house, Subchapter C, Chapter
313313 8084, Special District Local Laws Code, as added by Section 1 of
314314 this Act, is amended by adding Section 8084.0306 to read as follows:
315315 Sec. 8084.0306. NO EMINENT DOMAIN POWER. The district may
316316 not exercise the power of eminent domain.
317317 (b) This section is not intended to be an expression of a
318318 legislative interpretation of the requirements of Section 17(c),
319319 Article I, Texas Constitution.
320320 SECTION 5. This Act takes effect September 1, 2019.