87R18537 ANG-F
By: Creighton S.B. No. 2234
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 210; 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 7949A to read as follows:
CHAPTER 7949A. MONTGOMERY COUNTY MUNICIPAL UTILITY
DISTRICT NO. 210
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7949A.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. 210.
Sec. 7949A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7949A.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. 7949A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7949A.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. 7949A.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. 7949A.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. 7949A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7949A.0202, directors
serve staggered four-year terms.
Sec. 7949A.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, 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 7949A.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 7949A.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 7949A.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. 7949A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7949A.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. 7949A.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. 7949A.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. 7949A.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.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7949A.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
7949A.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. 7949A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7949A.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. 7949A.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. 7949A.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. 7949A.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. 7949A.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. 210 initially includes all the territory contained in the
following area:
A METES & BOUNDS description of a calculated 473.5 acre tract
of land situated in the Owen Shannon Survey, Abstract Number 36, and
the John H. Wood Survey, Abstract Number 603, in Montgomery County,
Texas, being all of a called 345.548 acre tract (Tract I) conveyed
to Scott 2012 Trust by deed recorded in Clerk's File
No. 2013001327, Montgomery County Official Public Records, being
all of a called 125.758 acre tract, conveyed to Roger Scott and
wife, Leigh Scott by deed recorded in Clerk's File No. 2006-032563,
Montgomery County Official Public Records of Real Property, being
all of a called 7.846 acre tract, conveyed to Roger Scott and wife,
Leigh Scott by deed recorded in Clerk's File No. 2008-032591,
Montgomery County Official Public Records of Real Property, and
being all of a called 1.1319 acre tract conveyed to Scott 2012 Trust
by deed recorded in Clerk's File No. 2013001327, Montgomery County
Official Public Records, said 473.5 acre tract being more
particularly described as follows with all bearings being based on
the recorded west line of called 345.548 acre tract (Tract 1) as
recorded under Clerk's File No. 2013001327, Montgomery County
Official Public Records:
BEGINNING at a point for corner in the north line of a 74.146
acre tract recorded in Film Code No. 603-01-1804, Montgomery
County, Texas and the southeast corner of a residue of a 24.8 acre
tract recorded in Volume 546, Page 336, Deed Records, Montgomery
County, Texas;
THENCE, North 00°20'47" East, 753.89 feet (bearing basis) to a
point for corner being the northeast corner of above said residue
tract and the southeast corner of a 17.75 acre tract recorded in
Film Code No. 270-01-0530, Real Property Records, Montgomery
County, Texas;
THENCE, North 00°19'04" East, 2,066.22 feet to a point for
corner being the northeast corner of above said 17.75 acre tract and
in the south line of a 74.057 acre tract recorded in Volume 757,
Page 948, Deed Records, Montgomery County, Texas;
THENCE, North 89°06'24" East, 613.86 feet to a point for
corner being the southeast corner of above said 74.507 acre tract;
THENCE, North 00°38'16" East, 1,613.60 feet to a point for
corner being the northeast corner of a 51.030 acre tract recorded in
Film Code No. 302-01-1436, Real Property Records, Montgomery
County, Texas;
THENCE, North 89°40'28" West, 2,756.64 feet to a point for
corner being the northwest corner of above said 51.03 acre tract in
the east line of a 34.28 acre tract recorded in Film Code
No. 061-01-0271, Real Property Records;
THENCE, North 00°00'02" East, 206.69 feet to a point for
corner in the south line of a 14.0 acre tract recorded in Volume
441, Page 361, Deed Records, Montgomery County, Texas;
THENCE, South 89°44'43" East, 458.78 feet to a point for
corner being the southeast corner of above said 14.0 acre tract and
the southwest corner of a 33.00 acre tract;
THENCE, South 88°54'44" East, 813.81 feet to a point for
corner being the southeast corner of above said 33.00 acre tract and
the southwest corner of a 4.50 acre tract recorded in Film Code
No. 111-01-0656, Real Property Records, Montgomery County, Texas;
THENCE, South 89°56'18" East, 1,485.56 feet to a point for
corner;
THENCE, North 89°45'51" East, 132.59 feet to a point for
corner being the southeast corner of a 27.82 acre tract recorded in
Film Code No. 207-01-0901, Real Property Records, Montgomery
County, Texas;
THENCE, North 00°07'47" East, 2,736.90 feet to a point for
corner in the east line of above said 27.82 acre tract;
THENCE, North 00°47'32" East, at 820.20 feet passing the
northeast corner of above said 27.82 acre tract and continuing in
all a total distance of 911.80 feet to a point for corner in the
centerline of Little Lake Creek;
THENCE, with the centerline of above said creek, the
following fifty (50) courses and distances:
1. South 46°32'00" East, 25.00 feet to a point for corner;
2. North 00°57'00" East, 281.10 feet to a point for corner;
3. South 85°51'07" East, 187.59 feet to a point for corner;
4. South 75°26'00" East, 76.50 feet to a point for corner;
5. South 63°20'00" East, 86.10 feet to a point for corner;
6. North 73°18'00" East, 76.90 feet to a point for corner;
7. North 81°41'00" East, 78.10 feet to a point for corner;
8. South 00°51'00" West, 50.90 feet to a point for corner;
9. South 56°38'00" West, 126.70 feet to a point for corner;
10. South 06°56'00" West, 185.50 feet to a point for corner;
11. South 70°50'00" East, 164.90 feet to a point for corner;
12. South 48°29'00" East, 35.00 feet to a point for corner;
13. South 47°41'00" East, 94.60 feet to a point for corner;
14. South 60°18'00" West, 71.90 feet to a point for corner;
15. South 18°04'00" West, 32.60 feet to a point for corner;
16. South 81°53'00" West, 105.00 feet to a point for corner;
17. South 61°38'00" West, 93.10 feet to a point for corner;
18. South 47°34'00" East, 138.10 feet to a point for corner;
19. South 85°49'00" East, 23.90 feet to a point for corner;
20. South 37°54'00" East, 42.50 feet to a point for corner;
21. South 06°50'00" West, 74.80 feet to a point for corner;
22. South 64°49'00" East, 73.30 feet to a point for corner;
23. South 19°23'00" West, 159.50 feet to a point for corner;
24. South 16°08'00" East, 235.90 feet to a point for corner;
25. North 65°12'00" East, 156.10 feet to a point for corner;
26. South 52°44'00" East, 32.10 feet to a point for corner;
27. South 17°20'00" West, 31.70 feet to a point for corner;
28. South 55°10'00" West, 31.90 feet to a point for corner;
29. South 27°49'00" West, 37.70 feet to a point for corner;
30. South 49°18'00" East, 59.10 feet to a point for corner;
31. South 76°46'00" East, 59.10 feet to a point for corner;
32. North 71°46'00" East, 131.80 feet to a point for corner;
33. North 48°49'00" West, 67.30 feet to a point for corner;
34. North 66°26'00" West, 68.20 feet to a point for corner;
35. North 02°53'00" East, 103.90 feet to a point for corner;
36. North 59°28'00" East, 129.30 feet to a point for corner;
37. North 66°53'00" East, 41.60 feet to a point for corner;
38. South 16°36'00" East, 99.80 feet to a point for corner;
39. South 29°58'00" East, 62.00 feet to a point for corner;
40. South 60°31'00" East, 95.70 feet to a point for corner;
41. North 00°15'00" West, 39.40 feet to a point for corner;
42. North 42°01'00" East, 134.10 feet to a point for corner;
43. North 80°53'00" East, 65.10 feet to a point for corner;
44. South 05°21'00" East, 144.90 feet to a point for corner;
45. South 01°21'00" West, 55.60 feet to a point for corner;
46. South 46°03'00" East, 47.60 feet to a point for corner;
47. North 72°10'00" East, 61.10 feet to a point for corner;
48. South 87°48'00" East, 61.60 feet to a point for corner;
49. South 13°42'00" East, 35.00 feet to a point for corner;
50. South 65°36'00" West, 41.80 feet to a point for corner in the
201 contour of Lake Conroe (as called for in Clerk's File
No. 2013001327, Montgomery County Official Public Records);
THENCE, with the 201 contour of Lake Conroe, the following
fifty-four (54) courses and distances:
1. North 46°17'00" West, 13.60 feet to a point for corner;
2. South 53°50'00" West, 37.60 feet to a point for corner;
3. South 42°08'00" West, 47.50 feet to a point for corner;
4. South 26°24'00" West, 76.70 feet to a point for corner;
5. South 48°35'00" West, 90.00 feet to a point for corner;
6. South 20°18'00" East, 108.60 feet to a point for corner;
7. South 05°44'00" East, 97.20 feet to a point for corner;
8. South 27°14'00" East, 171.90 feet to a point for corner;
9. South 47°12'00" East, 79.00 feet to a point for corner;
10. South 54°07'00" East, 93.20 feet to a point for corner;
11. South 65°12'00" East, 144.00 feet to a point for corner;
12. South 48°27'00" East, 189.30 feet to a point for corner;
13. South 29°45'00" East, 70.10 feet to a point for corner;
14. South 38°05'00" West, 92.30 feet to a point for corner;
15. South 08°01'00" West, 131.40 feet to a point for corner;
16. South 70°13'00" East, 54.10 feet to a point for corner;
17. South 63°03'00" East, 58.50 feet to a point for corner;
18. North 71°48'00" East, 80.50 feet to a point for corner;
19. North 41°21'00" East, 74.20 feet to a point for corner;
20. North 32°02'00" East, 70.00 feet to a point for corner;
21. South 82°00'00" East, 88.00 feet to a point for corner;
22. North 56°19'00" East, 50.40 feet to a point for corner;
23. South 41°56'00" East, 44.40 feet to a point for corner;
24. South 10°47'00" East, 58.40 feet to a point for corner;
25. South 83°04'00" West, 112.60 feet to a point for corner;
26. South 25°03'00" West, 49.20 feet to a point for corner;
27. South 52°09'00" East, 80.20 feet to a point for corner;
28. South 46°54'00" East, 50.20 feet to a point for corner;
29. South 18°30'00" East, 130.60 feet to a point for corner;
30. South 80°17'00" West, 70.60 feet to a point for corner;
31. South 58°20'00" West, 57.90 feet to a point for corner;
32. South 56°08'00" East, 185.90 feet to a point for corner;
33. South 46°12'00" East, 198.90 feet to a point for corner;
34. South 65°04'00" East, 125.40 feet to a point for corner;
35. South 29°05'00" East, 96.50 feet to a point for corner;
36. South 04°52'00" East, 218.60 feet to a point for corner;
37. South 16°36'00" East, 130.40 feet to a point for corner;
38. South 04°28'00" East, 212.40 feet to a point for corner;
39. South 07°36'00" West, 143.30 feet to a point for corner;
40. South 00°44'00" West, 127.00 feet to a point for corner;
41. South 05°01'00" West, 98.10 feet to a point for corner;
42. South 12°43'00" East, 195.20 feet to a point for corner;
43. South 23°24'00" East, 177.00 feet to a point for corner;
44. South 56°38'17" East, 131.37 feet to a point for corner;
45. South 58°15'45" East, 37.80 feet to a point for corner;
46. South 19°27'45" East, 78.90 feet to a point for corner;
47. South 51°53'45" East, 92.70 feet to a point for corner;
48. South 44°23'45" East, 111.00 feet to a point for corner;
49. South 75°33'45" East, 102.40 feet to a point for corner;
50. South 63°58'45" East, 155.10 feet to a point for corner;
51. South 53°48'45" East, 156.60 feet to a point for corner;
52. South 29°16'45" East, 188.00 feet to a point for corner;
53. South 19°12'45" East, 95.10 feet to a point for corner;
54. South 50°28'56" East, 42.74 feet to a point for corner in the
west line of F.M. 1097;
THENCE, with the west line of above said road, the following
seven (7) courses and distances:
1. South 31°50'46" West, 300.73 feet to a point for corner;
2. South 25°46'07" West, 102.95 feet to a point for corner;
3. South 24°43'00" West, 103.80 feet to a point for corner;
4. South 11°51'26" West, 314.47 feet to a point for corner;
5. South 19°21'33" West, 398.89 feet to a point for corner;
6. South 72°49'24" East, 44.03 feet to a point for corner;
7. South 16°05'24" West, 579.11 feet to a point for corner being
the northeast corner of a 10.00 acre tract recorded in File
No. 8406528, Real Property Records, Montgomery County, Texas;
THENCE, North 89°40'06" West, 955.80 feet to a point for
corner being the northwest corner of above said 10.00 acre tract;
THENCE, South 41°53'13" West, 576.96 feet to a point for
corner being the northwest corner of a 4.9325 acre tract recorded
under File No. 9232857, Real Property Records, Montgomery County,
Texas, being the southwest corner of above said 10.00 acre tract;
THENCE, South 41°58'16" West, 203.49 feet to a point for
corner being the southwest corner of above said 4.9325 acre tract,
the northwest corner of a residue 9.789 acre tract recorded in Film
Code No. 253-01-1898, Real Property Records, Montgomery County,
Texas;
THENCE, South 42°02'16" West, 171.89 feet to a point for
corner being the northwest corner of a 12.38 acre tract recorded in
Film Code No. 402-01-1786, Real Property Records, Montgomery
County, Texas and the southwest corner of above said residue tract;
THENCE, South 42°04'26" West, 607.87 feet to a point for
corner in the north line of a 150.00 acre tract recorded in Volume
233, Page 142, Deed Records, Montgomery County, Texas;
THENCE, North 88°29'18" West, 339.86 feet to a point for
corner being the northwest corner of above said 150.00 acre tract
and a corner of above said 345.548 acre tract;
THENCE, South 01°25'00" West, 1,433.98 feet to a point for
corner in the northwest line of F.M. 1097;
THENCE, with the northwest line of F.M. 1097, the following
two (2) courses and distances:
1. South 52°24'11" West, 132.30 feet to a point for corner in the
northerly line of that certain called 81.23 acre (80.72 net acres)
tract described in instrument to Sarah Anne Peel Mabry, recorded in
Volume 683, Page 279 of the Deed Records of Montgomery County,
Texas, for the southerly southeasterly corner of above said 345.548
acre tract;
2. South 44°23'30" West, 473.59 feet severing said 81.23 acre tract
to a point for corner in the westerly line of said 81.23 acre tract
for the easterly southeast corner of a called 13.5 acre tract
described as "Tract 29" in instrument to Joda Mize and Rexina Mize,
recorded in Clerk's File No. 2015010982, Official Public Records of
Real Property, Montgomery County, Texas;
THENCE, North 01°43'03" East, at 347.69 feet passing the
common westerly corner of said 81.23 acre tract and said above said
345.548 acre tract and continuing in all a total distance of
1,236.98 feet to a point for corner, being the northeast corner of a
14.81 acre tract recorded in Volume 596, Page 81, Deed Records
Montgomery County, Texas;
THENCE, North 88°57'34" West, 233.73 feet to a point for
corner;
THENCE, North 88°55'24" West, 187.44 feet to a point for
corner being the northwest corner of above said 14.81 acre tract and
the northeast corner of above said 74.145 acre tract;
THENCE, North 88°56'36" West, 556.24 feet to the POINT OF
BEGINNING, CONTAINING 473.5 acres (20,624,272 square feet) of land
in Montgomery County, Texas, filed in the office of Manhard
Consulting, Ltd. in The Woodlands, Texas.
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
7949A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7949A.0306 to read as
follows:
Sec. 7949A.0306. 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, 2021.