|
|
|
|
AN ACT
|
|
relating to the creation of the Montgomery County Municipal Utility |
|
District No. 114; providing authority to impose a tax and issue |
|
bonds; granting the power of eminent domain. |
|
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 8210 to read as follows: |
|
CHAPTER 8210. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 114 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8210.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Montgomery County Municipal |
|
Utility District No. 114. |
|
Sec. 8210.002. NATURE OF DISTRICT. (a) The district is a |
|
municipal utility district created under and essential to |
|
accomplish the purposes of Section 59, Article XVI, Texas |
|
Constitution. |
|
(b) The district, to the extent authorized by Section |
|
8210.103 and Section 52, Article III, Texas Constitution, has road |
|
powers. |
|
Sec. 8210.003. CONFIRMATION ELECTION REQUIRED. The board |
|
shall hold an election to confirm the creation of the district as |
|
provided by Section 49.102, Water Code. |
|
Sec. 8210.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All |
|
land and other property in the district will benefit from the |
|
improvements and services to be provided by the district. |
|
Sec. 8210.005. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 2 of the Act creating this chapter. |
|
(b) The boundaries and field notes contained in Section 2 of |
|
the Act creating this chapter form a closure. A mistake 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 a purpose for |
|
which the district is created or to pay the principal of and |
|
interest on the bond; |
|
(3) right to impose an assessment or tax; or |
|
(4) legality or operation. |
|
[Sections 8210.006-8210.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8210.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Directors serve staggered four-year terms. |
|
Sec. 8210.052. INITIAL DIRECTORS. (a) The initial board |
|
consists of: |
|
(1) Ella Schubert; |
|
(2) Thomas W. Mohr; |
|
(3) Michael S. Cooper; |
|
(4) Jaime Lobb; and |
|
(5) Kimberly A. Lazrine. |
|
(b) Unless the initial board agrees otherwise, the initial |
|
directors shall draw lots to determine which two shall serve until |
|
the first regularly scheduled election of directors and which three |
|
shall serve until the second regularly scheduled election of |
|
directors. |
|
(c) This section expires September 1, 2014. |
|
[Sections 8210.053-8210.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8210.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 8210.102. 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. 8210.103. ROAD PROJECTS. (a) Under Section 52, |
|
Article III, Texas Constitution, the district may finance, |
|
construct, or acquire a road project as provided by this section. |
|
(b) The district shall employ or contract with a licensed |
|
engineer to certify whether a proposed road project meets the |
|
criteria for a thoroughfare, arterial, or collector road of: |
|
(1) a county in whose jurisdiction the proposed road |
|
project is located; or |
|
(2) a municipality in whose corporate limits or |
|
extraterritorial jurisdiction the proposed road project is |
|
located. |
|
(c) The district may finance, construct, or acquire a road |
|
that has been certified by the licensed engineer as a thoroughfare, |
|
arterial, or collector road, or any improvements in aid of the |
|
certified road. |
|
(d) A road project must be located: |
|
(1) in the district; or |
|
(2) in another municipal utility district that serves |
|
a master planned community the district also serves. |
|
(e) A road project must meet all applicable standards, |
|
regulations, ordinances, or orders of: |
|
(1) each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the road project is located; and |
|
(2) each county in which the road project is located if |
|
the road project is not located in the corporate limits of a |
|
municipality. |
|
(f) The district may, with the consent of the municipality |
|
or county, convey a completed road project to: |
|
(1) a municipality in whose corporate limits or |
|
extraterritorial jurisdiction the road project is located; or |
|
(2) a county in which the road project is located. |
|
Sec. 8210.104. COMPLIANCE WITH MUNICIPAL CONSENT |
|
RESOLUTION. The district shall comply with all applicable |
|
requirements of any resolution, adopted by the governing body of a |
|
municipality under Section 54.016, Water Code, that consents to the |
|
creation of the district or to the inclusion of land in the |
|
district. |
|
Sec. 8210.105. RECREATIONAL FACILITIES; LIMIT ON EMINENT |
|
DOMAIN POWER. (a) In this section, "recreational facilities" and |
|
"develop and maintain" have the meanings assigned by Section |
|
49.462, Water Code. |
|
(b) The district may develop and maintain recreational |
|
facilities. |
|
(c) The district may not, for the development or maintenance |
|
of a recreational facility, acquire by condemnation land, an |
|
easement, or other property inside or outside the district. |
|
[Sections 8210.106-8210.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8210.151. ELECTIONS REGARDING TAXES OR BONDS. |
|
(a) The district may issue, without an election, bonds and other |
|
obligations secured by revenue or contract payments from a source |
|
other than ad valorem taxation. |
|
(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 district voters voting at an |
|
election held for that purpose. |
|
Sec. 8210.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 8210.151, the district |
|
may impose an operation and maintenance tax on taxable property in |
|
the district as provided by Chapter 49.107, Water Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
[Sections 8210.153-8210.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 8210.201. 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, grants, or other district money, or any combination of |
|
those sources, to pay for any authorized district purpose. |
|
Sec. 8210.202. BONDS FOR ROAD PROJECTS. At the time of |
|
issuance, the total principal amount of a bond, note, or other |
|
obligation issued or incurred to finance a road project may not |
|
exceed one-fourth of the assessed value of real property in the |
|
district according to the most recent certified tax appraisal roll |
|
for Montgomery County. |
|
Sec. 8210.203. BONDS FOR RECREATIONAL FACILITIES. If |
|
authorized at an election under Section 8210.151, the district may |
|
issue bonds payable from ad valorem taxes to pay for the development |
|
and maintenance of recreational facilities. |
|
Sec. 8210.204. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
|
the time bonds or other obligations payable wholly or partly from ad |
|
valorem taxes are issued: |
|
(1) the board shall impose a continuing direct annual |
|
ad valorem tax, without limit as to rate or amount, for each year |
|
that all or part of the bonds are outstanding; and |
|
(2) the district annually shall impose an ad valorem |
|
tax on all taxable property in the district in an amount sufficient |
|
to: |
|
(A) pay the interest on the bonds or other |
|
obligations as the interest becomes due; |
|
(B) create a sinking fund for the payment of the |
|
principal of the bonds or other obligations when due or the |
|
redemption price at any earlier required redemption date; and |
|
(C) pay the expenses of imposing the taxes. |
|
SECTION 2. The Montgomery County Municipal Utility District |
|
No. 114 initially includes all the territory contained in the |
|
following area: |
|
Being 815.893 acres of land located in the Archibald Hodge Survey, |
|
Abstract 18, the James Pevehouse Survey, Abstract 29, and the James |
|
Hodge Survey, Abstract 19, Montgomery County, Texas, more |
|
particularly being a portion of that certain called 934.56 acre |
|
tract (described as Tract I) conveyed to Woodforest Partners, L.P., |
|
by instrument of record under File No. 2006-103723, Official Public |
|
Records of Real Property at Montgomery County, Texas |
|
(M.C.O.P.R.R.P.), a portion of that certain called 379.05 acre |
|
tract conveyed to Woodforest Partners, L.P., by instrument of |
|
record under File No. 2006-138302, M.C.O.P.R.R.P., and a portion of |
|
that certain called 79.964 acre tract conveyed to Woodforest |
|
Partners, L.P., by instrument of record under File No. 2006-138300, |
|
M.C.O.P.R.R.P.; said 815.893 acres being more particularly |
|
described by metes and bounds as follows; all bearings referenced |
|
to Fish Creek Thoroughfare Phase II (150-feet wide), a plat of |
|
record in Cabinet P, Sheets 62-63, Map Records of Montgomery |
|
County, Texas (M.C.M.R.); |
|
BEGINNING at the most southerly southeast corner of aforementioned |
|
934.56 acres; |
|
Thence, with a southerly line of said 934.56 acres, the following 5 |
|
courses: |
|
1. South 74° 18' 33" West, 3069.88 feet to a point for corner; |
|
2. North 03° 46' 50" West, 700.02 feet to a point for corner; |
|
3. South 86° 39' 55" West, 4522.14 feet to a point for corner; |
|
4. South 03° 20' 25" East, 532.41 feet to a point for corner; |
|
5. South 69° 04' 50" West, 322.40 feet to a point for corner; |
|
Thence, leaving said southerly line, North 36° 48' 28" West, at |
|
643.06 feet pass an angle point on the common line of said 934.56 |
|
acres and that certain called 218.2370 acre tract conveyed to Elk |
|
Trace Golf Club by instrument of record under File No. 2000030725, |
|
M.C.O.P.R.R.P., and continuing with said common line, in all a |
|
distance of 1191.51 feet to a point for corner; |
|
Thence, leaving said common line, North 00° 57' 06" West, 4.53 feet |
|
to a point for corner; |
|
Thence, North 42° 50' 48" East, 110.30 feet to a point for corner; |
|
Thence, North 63° 03' 16" East, 1179.81 feet to a point for corner; |
|
Thence, North 62° 58' 53" East, 156.87 feet to a point for corner; |
|
Thence, North 53° 09' 51" East, 304.73 feet to a point for corner, |
|
being on a common line of said 934.56 and 218.2370 acres; |
|
Thence, with said common line, North 60° 34' 44" East, 258.76 feet to |
|
a point for corner; |
|
Thence, leaving said common line, South 67° 07' 44" East, 454.92 |
|
feet to a point for corner, being on a common line of said 934.56 and |
|
218.2370 acres; |
|
Thence, with said common line, the following nine (9) courses: |
|
1. South 66° 11' 05" East, 263.74 feet to a point for corner; |
|
2. South 88° 14' 16" East, 629.16 feet to a point for corner; |
|
3. South 53° 20' 53" East, 795.62 feet to a point for corner; |
|
4. North 59° 49' 29" East, 126.48 feet to a point for corner; |
|
5. North 87° 04' 47" East, 268.10 feet to a point for corner; |
|
6. North 33° 34' 43" East, 464.82 feet to a point for corner; |
|
7. North 07° 45' 55" East, 830.07 feet to a point for corner; |
|
8. North 38° 12' 49" West, 1572.60 feet to a point for corner; |
|
9. North 56° 41' 29" West, 596.13 feet to a point for corner; |
|
Thence, leaving said common line, North 53° 02' 05" West, 227.11 |
|
feet to a point for corner; |
|
Thence, South 55° 37' 56" West, 176.47 feet to a point for corner; |
|
Thence, South 10° 12' 34" East, 21.43 feet to a point for corner; |
|
Thence, South 11° 37' 00" East, 29.15 feet to a point for corner; |
|
Thence, South 40° 07' 22" East, 1847.44 feet to a point for corner; |
|
Thence, South 73° 07' 07" East, 405.71 feet to a point for corner; |
|
Thence, South 20° 38' 09" West, 1040.60 feet to a point for corner; |
|
Thence, North 84° 53' 24" West, 190.48 feet to a point for corner; |
|
Thence, North 43° 27' 41" West, 546.11 feet to a point for corner; |
|
Thence, North 86° 22' 49" West, 6.27 feet to a point for corner, |
|
being on a common line of said 934.56 and 218.2370 acres; |
|
Thence, with said common line, North 43° 24' 01" West, 11.28 feet to |
|
a point for corner; |
|
Thence, continuing with said common line, North 83° 09' 30" West, |
|
437.61 feet to a point for corner; |
|
Thence, continuing with said common line, South 75° 57' 57" West, |
|
106.47 feet to a point for corner; |
|
Thence, leaving said common line, North 86° 22' 49" West, 75.30 feet |
|
to a point for corner; |
|
Thence, South 69° 42' 52" West, 178.84 feet to a point for corner; |
|
Thence, North 58° 11' 15" West, 190.72 feet to a point for corner, |
|
being on a common line of said 934.56 and 218.2370 acres; |
|
Thence, with said common line, North 11° 02' 33" West, 82.47 feet to |
|
a point for corner; |
|
Thence, leaving said common line, North 60° 16' 14" East, 172.06 |
|
feet to a point for corner; |
|
Thence, North 08° 53' 32" East, 127.19 feet to a point for corner; |
|
Thence, North 86° 44' 40" West, 580.53 feet to a point for corner; |
|
Thence, South 74° 51' 01" West, 795.45 feet to a point for corner; |
|
Thence, North 12° 12' 15" West, 125.92 feet to a point for corner; |
|
Thence, North 32° 54' 44" East, 213.10 feet to a point for corner, |
|
being on a common line of said 934.56 and 218.2370 acres; |
|
Thence, continuing with said common line, North 44° 44' 11" East, |
|
162.60 feet to a point for corner; |
|
Thence, continuing with said common line, North 34° 38' 16" East, |
|
186.87 feet to a point for corner; |
|
Thence, continuing with said common line, North 08° 19' 20" East, |
|
93.59 feet to a point for corner; |
|
Thence, leaving said common line, North 22° 47' 07" East, 225.70 |
|
feet to a point for corner; |
|
Thence, North 11° 13' 34" West, 536.17 feet to a point for corner; |
|
Thence, North 77° 02' 09" East, 323.50 feet to a point for corner; |
|
Thence, North 62° 22' 27" East, 451.36 feet to a point for corner; |
|
Thence, North 00° 18' 04" West, 19.43 feet to a point for corner; |
|
Thence, North 00° 42' 51" West, 86.27 feet to a point for corner; |
|
Thence, North 20° 36' 06" West, 53.72 feet to a point for corner; |
|
Thence, North 41° 27' 14" West, 224.87 feet to a point for corner; |
|
Thence, North 35° 44' 12" West, 8.54 feet to a point for corner, |
|
being a common angle point of said 934.56 acres, 56.7354 acres and |
|
218.2370 acres; |
|
Thence, with a common line of said 934.56 and 56.7354 acres, North |
|
85° 18' 31" West, 659.06 feet to a point for corner; |
|
Thence, leaving said common line, North 04° 39' 06" West, 74.53 feet |
|
to a point for corner; |
|
Thence, North 06° 18' 47" East, 165.03 feet to a point for corner; |
|
Thence, North 07° 42' 25" East, 120.11 feet to a point for corner; |
|
Thence, North 12° 10' 58" East, 95.17 feet to a point for corner; |
|
Thence, North 34° 27' 24" East, 127.42 feet to a point for corner; |
|
Thence, North 34° 58' 28" East, 137.99 feet to a point for corner; |
|
Thence, North 18° 19' 00" East, 114.86 feet to a point for corner; |
|
Thence, North 21° 18' 58" East, 102.02 feet to a point for corner; |
|
Thence, North 19° 46' 32" East, 139.26 feet to a point for corner; |
|
Thence, North 24° 43' 23" East, 95.82 feet to a point for corner; |
|
Thence, North 34° 14' 57" East, 117.42 feet to a point for corner; |
|
Thence, North 21° 50' 16" East, 91.61 feet to a point for corner; |
|
Thence, North 08° 39' 51" East, 166.94 feet to a point for corner; |
|
Thence, North 09° 57' 27" West, 258.89 feet to a point for corner; |
|
Thence, North 07° 14' 45" West, 165.32 feet to a point for corner; |
|
Thence, North 01° 17' 07" West, 257.08 feet to a point for corner; |
|
Thence, North 18° 10' 41" East, 183.20 feet to a point for corner; |
|
Thence, North 01° 17' 53" West, 297.10 feet to a point for corner; |
|
Thence, North 14° 31' 18" West, 228.60 feet to a point for corner; |
|
Thence, South 86° 32' 41" West, 225.86 feet to a point for corner, |
|
being the northeast corner of that certain called 100.971 acre |
|
tract conveyed to Woodforest Partners L.P. by instrument of record |
|
under File No. 2006-103723, M.C.O.P.R.R.P., also being an angle |
|
point on the aforementioned 379.05 acre tract; |
|
Thence, with the west line of said 379.05 acres, North 02° 43' 37" |
|
West, 1474.57 feet to a point for corner; |
|
Thence, continuing with said west line, North 02° 36' 31" West, |
|
554.97 feet to a point for corner, being on the approximate Extra |
|
Territorial Jurisdiction (ETJ) line of the City of Conroe; |
|
Thence, with said approximate ETJ line, the following seven (7) |
|
courses: |
|
1. South 88° 10' 11" East, 1714.80 feet to a point for corner; |
|
2. South 24° 27' 12" East, 1840.73 feet to a point for corner; |
|
3. South 34° 31' 09" East, 2154.68 feet to a point for corner; |
|
4. South 44° 27' 11" East, 1840.73 feet to a point for corner; |
|
5. South 47° 20' 57" East, 1488.94 feet to a point for corner; |
|
6. South 54° 27' 11" East, 1183.02 feet to a point for corner; |
|
7. South 14° 27' 12" East, 907.51 feet to a point for corner, being |
|
on a southeasterly line of the aforementioned 934.56 acres; |
|
Thence, with said southeasterly line, South 16° 06' 05" West, 590.56 |
|
feet to the POINT OF BEGINNING and containing 815.893 acres of land. |
|
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. 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, 2007. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 1964 passed the Senate on |
|
April 26, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 1964 passed the House on |
|
May 17, 2007, by the following vote: Yeas 143, Nays 0, two |
|
present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |