By: Nichols S.B. No. 1964
 
 
 
   
 
A BILL TO BE ENTITLED
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.