|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of the Montgomery County Municipal Utility |
|
District No. 124; 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 8232 to read as follows: |
|
CHAPTER 8232. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 124 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8232.001. 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. 124. |
|
Sec. 8232.002. 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 |
|
8232.103 and Section 52, Article III, Texas Constitution, has road |
|
powers. |
|
Sec. 8232.003. 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. 8232.004. 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. 8232.005. 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 8232.006-8232.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8232.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Directors serve staggered four-year terms. |
|
Sec. 8232.052. INITIAL DIRECTORS. (a) The initial board |
|
consists of: |
|
(1) Richard Brent; |
|
(2) Tom Martin; |
|
(3) Larry Calhoun; |
|
(4) Mary Daily; and |
|
(5) Bill Crowl. |
|
(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 8232.053-8232.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8232.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 8232.102. 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. 8232.103. 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 is located in the district and 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 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. |
|
(e) 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. 8232.104. 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. 8232.105. 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 8232.106-8232.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8232.151. 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. 8232.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 8232.151, 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 8232.153-8232.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 8232.201. 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. 8232.202. 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. 8232.203. BONDS FOR RECREATIONAL FACILITIES. If |
|
authorized at an election under Section 8232.151, the district may |
|
issue bonds payable from ad valorem taxes to pay for the development |
|
and maintenance of recreational facilities. |
|
Sec. 8232.204. 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. 124 initially includes all the territory contained in the |
|
following area: |
|
TRACT 1: |
|
BEING 295.750 ACRES OF LAND IN THE ELIJAH COLLARD SURVEY, A-7, |
|
MONTGOMERY COUNTY, TEXAS, SAID 295.750 ACRES BEING OUT OF THE RCR |
|
VENTURES, LTD; 294.888 ACRE TRACT OF LAND DEED OF WHICH IS RECORDED |
|
UNDER COUNTY CLERK'S FILE NUMBER 2000-034156, MONTGOMERY COUNTY |
|
REAL PROPERTY RECORDS, AND BEING OUT OF THE TWO DEAL LIMITED |
|
PARTNERSHIP 87.555 ACRE TRACT OF LAND DEED OF WHICH IS RECORDED |
|
UNDER COUNTY CLERK'S FILE NUMBER 2005-041607, MONTGOMERY COUNTY |
|
REAL PROPERTY RECORDS, SAID 295.750 ACRES BEING DESCRIBED MORE |
|
PARTICULARLY AS FOLLOWS: |
|
BEGINNING at a 5/8" iron rod found for the Southeast corner of the |
|
herein described |
|
tract, the Southeast corner of the said 294.888 acre tract, the |
|
Northeast corner of the Roberta Roberts 2 acre tract of land deed of |
|
which is recorded in Volume 447, Page 208, Montgomery County Deed |
|
Records; |
|
THENCE N. 74° 54' 18" W., passing at 269.50 feet a 1-1/2" iron rod |
|
found for Robert's apparent Northwest corner, passing at 583.00 |
|
feet and 1.0 foot South a chain link fence post found for a |
|
reference corner to the Lee Howell and wife Markey Jean Howell 1.18 |
|
acre tract of land deed of which is recorded under County Clerk's |
|
File Number 8247429, Montgomery County Real Property Records, |
|
passing at 1,514.18 a 3/8" iron rod found for the apparent West |
|
corner of the Lindsey Howell and Amber Howell 2.430 acre tract of |
|
land deed of which is recorded under County Clerk's File Number |
|
9526142, Montgomery County Real Property Records, from whence a |
|
concrete monument found for the called for Northeast corner of the |
|
Diana L. Stegman 5.195 acre tract deed of which is recorded under |
|
County Clerk's File Number 2002-072484, Montgomery County Real |
|
Property Records bears N. 53° 13' 37" E., 0.88 feet, passing at |
|
1,616.14 feet and 0.69 feet North a 3/4" iron pipe found for |
|
Stegman's called for Northwest corner, same being the apparent |
|
Northeast corner of the Robert Bennett, Trustee 6.25 acre tract of |
|
land deed of which is recorded under County Clerk's File Number |
|
9454162, Montgomery County Real Property Records, passing at |
|
2,018.70 feet and 2.09 feet North a 1-1/2" iron pipe found for |
|
Bennett's apparent Northwest corner, the apparent Northeast corner |
|
of the Edward M. Gurney and wife Darlene J. Gurney 1.0 acre tract of |
|
land deed of which is recorded under County Clerk's File Number |
|
2000-014476, Montgomery County Real Property Records, passing at |
|
2,226.51 feet and 0.42 feet South a 6" x 8" concrete monument found |
|
for the apparent Northwest corner of the said Gurney 1.0 acre tract, |
|
same being the apparent Lower Northeast corner of the Howard |
|
Russell and wife Velma W. Russell tract of land deed of which is |
|
recorded in Volume 482, Page 152, Montgomery County Deed Records |
|
and continuing in all for a distance of 2,598.79 feet to a 2" iron |
|
pipe found at a x-tie; |
|
THENCE N. 15° 19' 51" E., along an inside line of the said Russell |
|
tract for a distance of 183.63 feet to a 2" iron pipe found at a 6" |
|
fence corner post for Russell's apparent Northeast corner; |
|
THENCE N. 75° 36' 27" W., along Russell's apparent North line for a |
|
distance of 717.44 feet to a ½" iron rod set at a x-tie for the |
|
Southwest corner of the herein described tract, in the Northeast |
|
occupied line of Longmire Road; |
|
THENCE N. 33° 52' 54" W., along the Northeast line of Longmire Road |
|
for a distance of 1,314.11 feet to a 5/8" iron rod found for the most |
|
Westerly corner of the said 294.888 acre tract, the most Westerly |
|
corner of the herein described tract; |
|
THENCE N. 16° 21' 27" E., leaving the Northeast line of Longmire Road |
|
for a distance of 53.76 feet to a 2" iron pipe found at a x-tie; |
|
THENCE N. 00° 12' 21" E., for a distance of 18.08 feet to a 6" cedar |
|
post found for corner; |
|
THENCE N. 52° 16' 24" E., for a distance of 1,064.97 feet to a 2" iron |
|
pipe found for corner; |
|
THENCE N. 31° 54' 52" E., for a distance of 1,114.95 feet to a ½" iron |
|
rod found for the most Westerly corner of the R. Kyle Reneau and |
|
wife Beth C. Reneau 45.000 acre tract of land deed of which is |
|
recorded under County Clerk's File Number 2005-050053, Montgomery |
|
County Real Property Records; |
|
THENCE S. 64° 34' 05" E., along Reneau's South line, across the |
|
294.888 acre tract for a distance of 2,126.16 feet to a ½" iron rod |
|
found with a cap stamped Moon RPLS 4639, for his Southeast corner, |
|
in the West line of the Two Deal Limited Partnership 87.555 acre |
|
tract of land deed of which is recorded under County Clerk's File |
|
Number 2005-041607, Montgomery County Real Property Records, same |
|
being an inside line of the said 294.888 acre tract; |
|
THENCE N. 14° 59' 51" E., along the West line of the said 87.555 acre |
|
tract, an inside line of the 294.888 acre tract, Reneau's East line, |
|
passing at 999.52 feet a ½" iron rod found for Reneau's Northeast |
|
corner, the Southeast corner of the R. Kyle Reneau and Beth C. |
|
Reneau 22.000 acre tract of land deed of which is recorded under |
|
County Clerk's File Number 2004-036473, Montgomery County Real |
|
Property Records and continuing in all for a distance of 2,251.62 |
|
feet to a 3" x 3" concrete monument found for the Northwest corner |
|
of the 87.555 acre tract, an inside corner of the 294.888 acre |
|
tract, the Southwest corner of the Ronald Rod 17.502 acre tract of |
|
land deed of which is recorded under County Clerk's File Number |
|
2004-118267, Montgomery County Real Property Records; |
|
THENCE S. 74° 58' 39" E., along the North line of the 87.555 acre |
|
tract, a Lower North line of the 294.888 acre tract, Rod's South |
|
line for a distance of 1,087.04 feet to a ½" iron rod found in the |
|
West line of Old Conroe-Willis Road, ( Cab. Y, Sht. 163, M.C.M.R. ) |
|
for the Northeast corner of the herein described tract |
|
THENCE in a Southwesterly direction with the West line of Old |
|
Conroe-Willis Road along a curve to the left having a radius of |
|
1,330.00 feet, a central angle of 11° 01' 53, for an arc length of |
|
256.07 feet, chord bears S. 16° 14' 24" W., 255.68 feet to a ½" iron |
|
rod set for the end of curve; |
|
THENCE S. 10° 43' 28" W., continuing along said West line for a |
|
distance of 193.61 feet to a ½" iron rod set; |
|
THENCE S. 07° 13' 37" W., continuing along said West line for a |
|
distance of 291.97 feet to a ½" iron rod set for the beginning of a |
|
curve to the right; |
|
THENCE continuing with said West line, along said curve to the right |
|
having a radius of 4,970.00 feet, a central angle of 03° 26' 48" for |
|
an arc length of 298.97 feet, chord bears S. 08° 57' 00" W., 298.93 |
|
feet to a ½" iron rod set for the end of curve; |
|
THENCE S. 10° 40' 24" W., continuing with said West line for a |
|
distance of 200.32 feet to a ½" iron rod set; |
|
THENCE S. 08° 51' 30" W., continuing with said West line for a |
|
distance of 202.97 feet to a ½" iron rod set for the beginning of a |
|
curve to the right; |
|
THENCE continuing with said West line, along said curve to the right |
|
having a radius of 1,470.00 feet, a central angle of 06° 57' 56" for |
|
an arc length of 178.71 feet, chord bears S. 12° 20' 28" W., 178.60 |
|
feet to a ½" iron rod set for the end of curve; |
|
THENCE S. 15° 49' 25" W., continuing with said West line for a |
|
distance of 1,031.43 feet to a ½" iron rod set; |
|
THENCE S. 13° 16' 09" W., continuing with said West line for a |
|
distance of 348.05 feet to a ½" iron rod set; |
|
THENCE S. 14° 22' 25" W., continuing with said West line for a |
|
distance of 177.43 feet to a ½" iron rod set in the South line of the |
|
said 87.555 acre tract; |
|
THENCE S. 75° 02' 09" E., for a distance of 66.96 feet to a 3" x 3" |
|
concrete monument found for the Lower Northeast corner of the said |
|
294.888 acre tract, the Southeast corner of the Foster Timber Ltd; |
|
5.673 acre tract of land deed of which is recorded under County |
|
Clerk's File Number 2004-117093, Montgomery County Real Property |
|
Records; |
|
THENCE S. 15° 56' 43" W., along the most Easterly line of the 294.888 |
|
acre tract for a distance of 1,724.57 feet to the POINT OF BEGINNING |
|
and containing in all 295.750 acres of land. |
|
TRACT 2: |
|
BEING 34.868 ACRES OF LAND IN THE ELIJAH COLLARD SURVEY, A-7, |
|
MONTGOMERY COUNTY, TEXAS, SAID 34.868 ACRES BEING THE SAME TRACT OF |
|
LAND AS CONVEYED TO RCR VENTURES, LTD; DEED OF WHICH IS RECORDED |
|
UNDER COUNTY CLERK'S FILE NUMBER 2000-034156, MONTGOMERY COUNTY |
|
REAL PROPERTY RECORDS, SAID 34.868 ACRES BEING DESCRIBED MORE |
|
PARTICULARLY AS FOLLOWS: |
|
BEGINNING at a ½" iron pipe found in the North line of |
|
Willis-Montgomery Road, (60' Vol. 197, Pg. 417, M.C.D.R. ) for the |
|
Southwest corner of the herein described tract; |
|
THENCE N. 15° 00' 04" W., leaving the North line of |
|
Willis-Montgomery Road, passing at 9.76 feet a 1" galvanized iron |
|
pipe found at a 4" iron post, said 1" galvanized iron pipe being the |
|
Southeast corner of the Newton B. Derby and wife Violet W. Derby |
|
80.650 acre tract of land deed of which is recorded under County |
|
Clerk's File Number 9025433, Montgomery County Real Property |
|
Records and continuing in all along Derby's East line for a distance |
|
of 281.40 feet to a 1" iron bar found for corner at a 4" iron post, |
|
from whence a deed call 18" dead Pine tree bears S. 86° E., 10.8 |
|
feet, a 26" White Oak bears N. 35° 40' E., 29.5 feet; |
|
THENCE N. 15° 13' 25" E., continuing along Derby's East line for a |
|
distance of 1,366.12 feet to a 5/8" iron rod found at a 4" iron post |
|
for his Northeast corner, the Northwest corner of the herein |
|
described tract, in the South line of Farm to Market Highway No. |
|
830, ( Vol. 677, Pg. 98, M.C.D.R. ); |
|
THENCE S. 75° 38' 36" E., along the South line of F. M. 830 for a |
|
distance of 136.56 feet to a 3" x 3 " concrete monument found for the |
|
beginning of a curve to the right; |
|
THENCE in a Southeasterly direction continuing with the South line |
|
of F. M. 830, along said curve to the right having a radius of |
|
5,669.65 feet, a central angle of 15° 10' 58" for an arc length of |
|
1,502.41 feet, chord bears S. 58° 21' 09" E., 1,498.02 feet to a 3" x |
|
3" concrete monument found for the Northeast corner of the herein |
|
described tract; |
|
THENCE S. 15° 57' 19" W., for a distance of 149.45 feet to a 3" x 3" |
|
concrete monument found in the North line of Willis-Montgomery Road |
|
for the Southeast corner of the herein described tract; |
|
THENCE S. 69° 14' 15" W., along the North line of Willis-Montgomery |
|
Road for a distance of 1,767.12 feet to the POINT OF BEGINNING and |
|
containing in all 34.868 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. |