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78R10180 DRH-F
By: Eissler H.B. No. 3564
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Montgomery County Road Improvement
District No. 1; providing authority to impose a tax and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CREATION OF DISTRICT. (a) Montgomery County
Road Improvement District No. 1 is created as a special district
under Section 52, Article III, and Section 59, Article XVI, Texas
Constitution.
(b) The board by resolution may change the district's name.
SECTION 2. DECLARATION OF INTENT. (a) The creation of the
district is necessary to promote, develop, encourage, and maintain
transportation, safety, employment, commerce, housing, tourism,
recreation, the arts, entertainment, economic development, and the
public welfare in the area of the district.
(b) The creation of the district is essential to accomplish
the purposes of Sections 52 and 52-a, Article III, and Section 59,
Article XVI, Texas Constitution, and other public purposes stated
in this Act.
SECTION 3. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
district.
(2) "District" means Montgomery County Road
Improvement District No. 1.
SECTION 4. BOUNDARIES. The district includes all the
territory contained in the following described area:
DESCRIPTION of 2,230 acres of land, more or less, situated in the
Joseph A. Parker Survey, Abstract Number 418, Montgomery County,
Texas, save and except a called 300 acres, more or less, tract of
land, conveyed to Ellen M. Blake by Kathleen Selman, et vir, by deed
dated November 30, 1942 and recorded in Volume 234 at Page 191 of
the Deed Records of Montgomery County, Texas, leaving a net total of
1,930 acres of land, more or less, and being out of and a part of a
called approximate 4,445 acres of land set apart to Chas. A. Bahr,
Sr., by Chas. A. Bahr, Sr., et al, by deed dated November 17, 1953
and recorded in Volume 361 at Page 170 of the Deed Records of
Montgomery County, Texas, said 1,930 acres, more or less, of land is
more particularly described as being all of that land lying between
the East or northeast bank of Spring Creek and the West or southwest
bank of the West Fork of the San Jacinto River, lying South of and
adjoining a right of way and easement conveyed to the
Transcontinental Gas Pipeline Corporation by A.C. Wood, et al, by
deed dated May 1, 1950 and recorded in Volume 297 at Page 465 of the
Deed Records of Montgomery County, Texas and later amended by Chas
A. Bahr and Transcontinental Gas Pipeline Corporation by Amendment
to Right of Way Agreement, dated June 7, 1960 and recorded in Volume
483 at Page 543 of the Deed Records of Montgomery County, Texas, the
centerline of said Transcontinental Gas Pipeline, as marked on the
ground this date, is more particularly described by metes and
bounds as follows to wit:
NOTE: ALL BEARINGS AND COORDINATES ARE BASED UPON THE TEXAS
COORDINATE SYSTEM OF 1983, (1993 ADJUSTMENT). ALL COORDINATES ARE
GRID COORDINATES AND ALL DISTANCES ARE ACTUAL DISTANCES, (U.S.
SURVEY FEET), AND MAY BE CONVERTED TO GRID BY MULTIPLYING BY A
COMBINED SCALE FACTOR OF 0.999943.
BEGINNING, in the West or northwest bank of Spring Creek at a found
Transcontinental Gas Pipeline marker, this beginning point has a
Texas Coordinate System of 1983, (1993 Adjustment), value of X =
3,135,862.1 and Y = 13,946,350.4;
THENCE North 71 29'51" East, a distance of 526.29 feet to a found
Transcontinental Gas Pipeline marker;
THENCE North 72 25'43" East, a distance of 525.00 feet to a found
Transcontinental Gas Pipeline marker;
THENCE North 71 51'33" East, a distance of 444.38 feet to a found
Transcontinental Gas Pipeline marker;
THENCE North 71 56'15" East, a distance of 962.41 feet to a found
Transcontinental Gas Pipeline marker;
THENCE North 71 45'16" East, a distance of 49.56 feet to a found
Transcontinental Gas Pipeline marker;
THENCE North 72 20'31" East, a distance of 520.72 feet to a found
Transcontinental Gas Pipeline marker;
THENCE North 72 16'02" East, a distance of 384.83 feet to a found
Transcontinental Gas Pipeline marker;
THENCE North 72 13'00" East a distance of 659.19 feet to a found
Transcontinental Gas Pipeline marker;
THENCE North 72 11'42" East, a distance of 1,804.76 feet to a found
Transcontinental Gas Pipeline marker;
THENCE North 72 19'27" East, a distance of 1,589.76 feet to a found
Transcontinental Gas Pipeline marker;
THENCE North 72 23'11" East, a distance of 620.68 feet to a found
Transcontinental Gas Pipeline marker;
THENCE North 64 14'28" East, a distance of 310.69 feet to a found
Transcontinental Gas Pipeline marker;
THENCE North 63 05'28" East, a distance of 1,168.64 feet to a found
Transcontinental Gas Pipeline marker;
THENCE North 51 13'39" East, a distance of 1,403.17 feet to a found
Transcontinental Gas Pipeline marker;
THENCE North 50 57'58" East, a distance of 529.36 feet to a found
Transcontinental Gas Pipeline marker;
THENCE North 62 47'11" East, a distance of 430.80 feet to a found
Transcontinental Gas Pipeline marker;
THENCE North 62 47'11" East, a distance of 271.92 feet, more or
less, to the West or southwest bank of the West Fork of the San
Jacinto River.
PIPELINE MARKERS LOCATED: FEBRUARY 14, 2003
GROSS ACREAGE SPECIFIED IN THIS DESCRIPTION IS THE RESULT OF
PLANIMETRIC METHODS FROM THE MAEDAN, TEXAS QUADRANGLE, 1995, 7.5
MINUTE SERIES, (TOPOGRAPHIC MAP), AS PRODUCED BY THE UNITED STATES
GEOLOGICAL SURVEY.
SECTION 5. FINDINGS RELATING TO BOUNDARIES. The boundaries
and field notes of the district form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not in any way 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 or collect an assessment or tax; or
(4) legality or operation.
SECTION 6. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this Act.
(c) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of the development and
diversification of the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The present and prospective traffic congestion in the
district and the safety of pedestrians and the limited availability
of funds require the promotion and development of public
transportation and pedestrian facilities and systems, and the
district will serve the public purpose of securing expanded and
improved transportation and pedestrian facilities and systems.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district and of the public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the district as a
community; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(f) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(g) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
SECTION 7. APPLICATION OF OTHER LAW. Chapter 311,
Government Code (Code Construction Act), applies to this Act.
SECTION 8. CONSTRUCTION OF ACT. (a) This Act shall be
liberally construed in conformity with the findings and purposes
set forth in this Act.
(b) If any provision of the general law conflicts with this
Act, this Act prevails.
SECTION 9. BOARD OF DIRECTORS; TERMS. (a) The district is
governed by a board of five elected directors who serve staggered
terms of four years.
(b) Elections for directors shall be held on the uniform
election date in May in even-numbered years.
SECTION 10. QUALIFICATIONS. (a) A person must meet the
qualifications of Section 375.063, Local Government Code, to serve
as a director of the district.
(b) Section 49.052, Water Code, does not apply to directors
of the district.
SECTION 11. POWERS OF DISTRICT. The district has all powers
and authority provided by the general laws on road districts and
road utility districts created under Section 52, Article III, Texas
Constitution, and conservation and reclamation districts and
municipal management districts created under Section 59, Article
XVI, Texas Constitution, including:
(1) Chapters 257 and 441, Transportation Code;
(2) Chapter 375, Local Government Code; and
(3) Chapters 49 and 54, Water Code.
SECTION 12. AGREEMENTS; GRANTS. (a) The district may make
an agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
SECTION 13. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a municipality or
county to provide law enforcement services in the district for a
fee.
SECTION 14. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES. The district may impose an ad valorem
tax, assessment, or impact fee and use the proceeds of the tax,
assessment, or impact fee for any district purpose, including the
payment of debt or other contractual obligations, or the payment of
maintenance and operating expenses.
SECTION 15. ELECTIONS REGARDING TAXES OR BONDS. (a) 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 a maintenance tax or issue bonds payable from ad valorem
taxes.
(b) The board may include more than one purpose in a single
proposition at an election.
SECTION 16. MAINTENANCE TAX. (a) The district may impose
an annual ad valorem tax on taxable property in the district for any
district purpose, including to:
(1) maintain and operate the district, including
improvements constructed or acquired by the district; or
(2) provide a service.
(b) The board shall determine the tax rate.
SECTION 17. ASSESSMENTS; PETITION REQUIRED FOR FINANCING
SERVICES AND IMPROVEMENTS. (a) The board by resolution may impose
and collect an assessment for any purpose authorized by this Act.
(b) The board may not finance a service or improvement
project through an assessment under this Act unless a written
petition requesting that service or improvement has been filed with
the board. The petition must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district that will be subject to the assessment
according to the most recent certified tax appraisal roll for the
county in which the property is located; or
(2) at least 25 owners of land in the district that
will be subject to the assessment, if more than 25 persons own land
in the district that will be subject to the assessment according to
the most recent certified tax appraisal roll for the county in which
the property is located.
(c) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and charge against
the owners of the property even if the owners are not named in the
assessment proceeding.
(d) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
SECTION 18. OBLIGATIONS. (a) The district may issue bonds
or other obligations payable in whole or in part from ad valorem
taxes, assessments, impact fees, revenue, grants, or other money of
the district, or any combination of those sources of money, to pay
for any authorized purpose of the district.
(b) In exercising the district's borrowing power, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation.
SECTION 19. INITIAL DIRECTORS. (a) The initial board
consists of the following persons:
Name of Director
______________________
______________________
______________________
______________________
______________________
(b) Of the initial directors, the terms of the first three
directors named in Subsection (a) expire on June 1, 2006, and the
terms of the last two directors named in Subsection (a) expire on
June 1, 2004.
(c) On the uniform election date in May 2004, the board
shall hold an election for the directors whose terms expire on June
1, 2004. On the uniform election date in May 2006, the board shall
hold an election for the directors whose terms expire on June 1,
2006.
(d) This section expires September 1, 2006.
SECTION 20. ADDITIONAL LEGISLATIVE FINDINGS. The
legislature finds that:
(1) proper and 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 by
the constitution and laws of this state, including the governor,
who has submitted the notice and Act to the Texas Commission on
Environmental Quality;
(2) the Texas Commission on Environmental Quality has
filed its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time;
(3) the general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with; and
(4) 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 have
been fulfilled and accomplished.
SECTION 21. EFFECTIVE DATE. 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, 2003.