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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Montgomery County Municipal Utility |
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District No. 199; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8499 to read as follows: |
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CHAPTER 8499. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 199 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8499.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Montgomery County Municipal |
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Utility District No. 199. |
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Sec. 8499.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8499.0103. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8499.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8499.0103 until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8499.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8499.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8499.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8499.0202, directors |
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serve staggered four-year terms. |
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Sec. 8499.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Joshua Kelly Hancock; |
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(2) Santina Daily; |
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(3) Linda Perez; |
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(4) Sue Robinson; and |
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(5) Quency D. Perkins. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8499.0103; or |
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(2) September 1, 2025. |
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(c) If permanent directors have not been elected under |
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Section 8499.0103 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8499.0103; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8499.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8499.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8499.0303. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8499.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8499.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 8499.0306. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) A new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8499.0103 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8499.0103. If the voters of a new district do not confirm |
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the creation of the new district, the assets, obligations, |
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territory, and governance of the new district revert to the |
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original district. |
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(i) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(k) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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8499.0104 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8499.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8499.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8499.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8499.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8499.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8499.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8499.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8499.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Montgomery County Municipal Utility District |
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No. 199 initially includes all the territory contained in the |
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following area: |
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Being 310.3 acres of land in the Soloman Brown Survey, |
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Abstract 5, Montgomery County, Texas, said 310.3 acres being a |
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portion of a called 40.0202 acre tract described in the deed to |
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James R. Fogarty and Cheryl L. Fogarty by an instrument of record in |
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Document Number 2018005474 of the Official Public Records of |
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Montgomery County, Texas (M.C.O.P.R.), a portion of a called |
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103.1967 acre tract described in the deed to MA Goodson |
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Enterprises, Inc, by an instrument of record in File Number 9401044 |
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of the Official Public Records of Real Property of Montgomery |
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County, Texas (M.C.O.P.R.R.P.), a portion of a called 62.5930 acre |
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tract described in the deed to MA Goodson Enterprises, Inc by an |
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instrument of record in File Number 9401047, M.C.O.P.R.R.P., a |
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portion of a called 20 acre tract described in the deed to James R. |
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Fogarty by an instrument of record in File Number 2005-085111, |
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M.C.O.P.R.R.P., all of the remainder of a called 29.881 acre tract |
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described in the deed to James R. Fogarty and Cheryl L. Fogarty by |
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an instrument of record in Document Number 9401042, M.C.O.P.R., all |
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of a called 40.074 acre tract described in the deed to James R. |
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Fogarty by an instrument of record in File Number 2007-035819, |
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M.C.O.P.R.R.P., all a called 16.706 acre tract described in the |
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deed to Seung Teak Yoo and Sood Hee Yoo by an instrument of record in |
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File Number 2007-081356, M.C.O.P.R.R.P., and all of the remainder |
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of a called 61.39 acre tract described in the deed to Christine |
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Lewis-Lyman by an instrument of record in File Number 2000-063284, |
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M.C.O.P.R.R.P., said 310.3 acre tract being more particularly |
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described by metes and bounds as follows (Bearings based on said |
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40.0202 acre tract); |
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BEGINNING at the northeast corner of said 29.881-acre tract; |
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Thence, along the east line of said 29.881-acre tract the following |
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two (2) courses: |
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1. South 01° 07' 23" East, 111.60 feet to a point for corner; |
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2. South 00° 02' 23" East, 1,418.50 feet to the northeast |
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corner of a called 2.003-acre tract described in the deed to James |
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R. Fogarty and Senie Paulette Fogarty by an instrument of record in |
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File Number 9721964, M.C.O.P.R.R.P.; |
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Thence, along the north and west line of said 2.003-acre tract the |
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following three (3) courses: |
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1. South 89° 53' 52" West, 310.90 feet to a point for corner; |
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2. South 33° 32' 08" East, 263.98 feet to a point for corner; |
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3. South 16° 14' 02" West, 185.49 feet to the southwest |
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corner of said 2.003 acre tract, same being on the north line of a |
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called 52.8273 acre tract described in the deed to John W. Caveness |
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and Connie M. Caveness by an instrument of record in File Number |
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2000-096833, M.C.O.P.R.R.P.; |
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Thence, along the north and west lines of said 52.8273-acre tract |
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the following two (2) courses: |
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1. North 88° 13' 49" West, 460.67 feet to a point for corner |
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on the east line of the aforementioned 103.1967-acre tract; |
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2. South 00° 07' 22" East, along the east line of said |
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103.1967-acre tract, 854.94 feet the northeast corner of the |
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aforementioned 40.0202-acre tract; |
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Thence, along the north, and east line of said 40.0202-acre tract |
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the following eight (8) courses: |
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1. North 89° 59' 04" East, 616.71 feet to a point for corner; |
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2. North 00° 11' 41" West, 203.03 feet to a point for corner; |
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3. North 89° 59' 04" East, 59.61 feet to a point for corner; |
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4. South 00° 02' 44" East, 100.03 feet to a point for corner; |
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5. North 88° 12' 49" West, 1.00 feet to a point for corner; |
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6. South 00° 11' 41" East, 500.34 feet to a point for corner; |
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7. South 00° 16' 14" East, 1,185.29 feet to a point for |
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corner; |
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8. South 00° 45' 09" West, 228.66 feet to a point for corner; |
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Thence, South 66° 54' 29" West, departing the east line of said |
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40.0202 acre tract and across said 40.0202 acre tract, the |
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aforementioned 103.1967 acre tract, the aforementioned 62.5930 |
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acre tract, and the aforementioned 20 acre tract, 3,145.13 feet to a |
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point for corner on the west line of said 20 acre tract; |
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Thence, North 00° 10' 05" West, along the west line of said 20-acre |
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tract, 830.64 feet to the northwest corner of said 20 acre tract, |
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same being on the west line of the aforementioned 61.39 acre tract; |
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Thence, along the west line of said 61.39-acre tract the following |
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two (2) courses: |
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1. North 00° 10' 05" West, 1,764.87 feet to a point for |
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corner; |
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2. North 02° 02' 55" East, 942.94 feet to the northwest |
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corner of said 61.39-acre tract, same being the southwest corner of |
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the aforementioned 16.706-acre tract; |
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Thence, along the west and north lines of said 16.706-acre tract the |
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following eight (8) courses: |
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1. North 00° 44' 18" East, 643.03 feet to a point for corner; |
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2. South 89° 51' 13" East, 99.90 feet to a point for corner; |
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3. North 00° 44' 18" East, 146.55 feet to a point for corner; |
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4. South 88° 53' 29" West, 350.80 feet to a point for corner; |
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5. North 00° 37' 44" East, 60.02 feet to a point for corner; |
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6. North 88° 53' 29" East, 250.97 feet to a point for corner; |
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7. North 00° 44' 18" East, 285.92 feet to a point for corner; |
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8. South 88° 57' 25" East, 641.64 feet to the northeast |
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corner of said 16.706-acre tract, same being on the west line of the |
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aforementioned 40.074-acre tract; |
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Thence, along the west and north lines of said 40.074-acre tract the |
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following three (3) courses: |
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1. North 00° 44' 18" East, 1,133.33 feet to a point for |
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corner; |
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2. North 89° 51' 31" East, 38.98 feet to a point for corner; |
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3. North 89° 56' 48" East, 722.00 feet to the northeast |
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corner of said 40.074-acre tract, same being the northwest corner |
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of the aforementioned 103.1967-acre tract; |
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Thence, along the north line of said 103.1967-acre tract, the |
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following two (2) courses: |
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1. North 89° 16' 55" East, 215.01 feet to a point for corner; |
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2. North 89° 27' 57" East, 535.44 feet to the northeast |
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corner of said 103.1967-acre tract, same being the northwest corner |
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of the aforementioned 29.881-acre tract; |
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Thence, along the north line of said 29.881-acre tract the |
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following two (2) courses: |
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1. North 89° 27' 57" East, 200.34 feet to a point for corner; |
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2. North 88° 40' 09" East, 478.07 feet to the POINT OF |
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BEGINNING and containing 310.3 acres of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
|
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
|
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Environmental Quality. |
|
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(c) The Texas Commission on Environmental Quality has filed |
|
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its recommendations relating to this Act with the governor, the |
|
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
|
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
|
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vote of all the members elected to each house, Subchapter C, Chapter |
|
|
8499, Special District Local Laws Code, as added by Section 1 of |
|
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this Act, is amended by adding Section 8499.0307 to read as follows: |
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Sec. 8499.0307. NO EMINENT DOMAIN POWER. The district may |
|
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not exercise the power of eminent domain. |
|
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(b) This section is not intended to be an expression of a |
|
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legislative interpretation of the requirements of Section 17(c), |
|
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect September 1, 2021. |
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* * * * * |