|
|
|
|
|
|
relating to the creation of the Montgomery County Municipal Utility |
|
District No. 148; granting a limited power of eminent domain; |
|
providing authority to issue bonds; providing authority to impose |
|
assessments, fees, and taxes. |
|
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 7921 to read as follows: |
|
CHAPTER 7921. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 148 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7921.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a board member. |
|
(4) "District" means the Montgomery County Municipal |
|
Utility District No. 148. |
|
Sec. 7921.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 7921.003. CONFIRMATION AND DIRECTORS' ELECTION |
|
REQUIRED. The temporary directors shall hold an election to |
|
confirm the creation of the district and to elect five permanent |
|
directors as provided by Section 49.102, Water Code. |
|
Sec. 7921.004. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section 7921.003 |
|
until each municipality in whose corporate limits the district is |
|
located has consented by ordinance or resolution to the creation of |
|
the district and to the inclusion of land in the district. |
|
Sec. 7921.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
|
(a) The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 7921.006. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 2 of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in Section 2 of |
|
the Act enacting this chapter form a closure. A mistake made 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 the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on a bond; |
|
(3) right to impose a tax; or |
|
(4) legality or operation. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 7921.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 7921.052, directors serve |
|
staggered four-year terms. |
|
Sec. 7921.052. TEMPORARY DIRECTORS. (a) The temporary |
|
board consists of: |
|
(1) Timothy P. Williamson; |
|
(2) Keith Schoonover; |
|
(3) Jim C. Platt; |
|
(4) Christopher DiPaolo; and |
|
(5) Joe Mattingly. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7921.003; or |
|
(2) the fourth anniversary of the effective date of |
|
the Act enacting this chapter. |
|
(c) If permanent directors have not been elected under |
|
Section 7921.003 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (d) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7921.003; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(d) If Subsection (c) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7921.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 7921.102. 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. 7921.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
|
52, Article III, Texas Constitution, the district may design, |
|
acquire, construct, finance, issue bonds for, improve, operate, |
|
maintain, and convey to this state, a county, or a municipality for |
|
operation and maintenance macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 7921.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
|
road project must meet all applicable construction standards, |
|
zoning and subdivision requirements, and regulations of each |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the road project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
Sec. 7921.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
|
OR RESOLUTION. The district shall comply with all applicable |
|
requirements of any ordinance or resolution that is adopted under |
|
Section 54.016 or 54.0165, Water Code, and that consents to the |
|
creation of the district or to the inclusion of land in the |
|
district. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7921.151. ELECTIONS REGARDING TAXES OR BONDS. |
|
(a) The district may issue, without an election, bonds and other |
|
obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section 7921.153. |
|
(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 the district voters voting at an |
|
election held for that purpose. |
|
Sec. 7921.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 7921.151, the district |
|
may impose an operation and maintenance tax on taxable property in |
|
the district in accordance with Section 49.107, Water Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
Sec. 7921.153. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 7921.201. 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, contract payments, grants, or other district money, or any |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
|
Sec. 7921.202. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
|
Sec. 7921.203. BONDS FOR ROAD PROJECTS. At the time of |
|
issuance, the total principal amount of bonds or other obligations |
|
issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
real property in the district. |
|
SECTION 2. The Montgomery County Municipal Utility District |
|
No. 148 initially includes all the territory contained in the |
|
following area: |
|
All that certain 82.91 acres of land, in the A. M. Folks Survey, |
|
A-215, and the John Dorsey, A-174, Montgomery County, Texas, being |
|
a portion of the 93.0689 acre residue tract of the 164.9807 acre |
|
Partition tract described in the deed to Jonathan Thornberry |
|
recorded under Montgomery County Clerk's File Number 9361507 of the |
|
Official Public Records of Real Property of Montgomery County, |
|
Texas, being more particularly described by metes and bounds as |
|
follows with bearings based on the Texas Coordinate System of 1983, |
|
Central Zone: |
|
BEGINNING at a 5/8 inch iron rod found for the northeast corner of |
|
said 93.0689 acre tract, common to the northwest corner of the |
|
56.904 acre tract described in deed to Long Street, L.L.C. from |
|
Henry T. Brooks recorded under Montgomery County Clerk's File |
|
Number 2012095116, of the Official Public Records of Real Property |
|
of Montgomery County, Texas, in the south line of the 538.209 acre |
|
tract described in the deed to Land Barons XX-Conroe recorded in |
|
Volume 808, Page 578 of the Montgomery County Deed Records; |
|
THENCE South 17° 45' 51" East - 1520.62 feet, with an east line of |
|
said 93.0689 acre tract, common to the east line of said 56.904 acre |
|
tract and the west line of the 15.000 acre tract described in the |
|
deed from Henry T. Brooks and Billie F. Brooks to Proformance, Inc. |
|
recorded under Montgomery County Clerk's File Number 2002133498, of |
|
the Official Public Records of Real Property of Montgomery County, |
|
Texas, to the most easterly southeast corner of the herein |
|
described tract, common to the northeast corner of the 10.00 acre |
|
tract described in the deed from Jerel J. Hill to Living Word |
|
Assembly of God of Conroe, Inc. recorded under Montgomery County |
|
Clerk's File Number 9514320, of the Official Public Records of Real |
|
Property of Montgomery County, Texas, from which a found 1/2 inch |
|
iron rod bears North 46 15' 19" East - 0.84 feet; |
|
THENCE South 72° 14' 30" West - 399.89 feet, with the north line of |
|
said 10.00 acre tract to a 5/8 inch iron rod found for an angle |
|
corner of the herein described tract, common to the northwest |
|
corner of said 10.00 acre tract, from which a found 1/2 inch iron |
|
rod bears North 87° 12' 00" East - 1.51 feet; |
|
THENCE South 17° 45' 30" East - 1090.57 feet, with the west line of |
|
said 10.00 acre tract to the most southerly southeast corner of the |
|
herein described tract, common to the southwest corner of said |
|
10.00 acre tract, in the north right-of-way line of Loop 336 (150' |
|
R.O.W.), from which a found 1/2 inch iron rod bears |
|
North 79° 11' 13" East - 1.63 feet; |
|
THENCE South 71° 45' 56" West - 380.09 feet, with the north |
|
right-of-way line of said Loop 336, to a 5/8 inch iron rod found for |
|
the Point of Curvature of a curve to the left; |
|
THENCE in a southwesterly direction, continuing with said north |
|
right-of-way line, along said curve to the left, having a central |
|
angle of 12° 56' 20", a chord bearing and distance of South 65° 17' |
|
46" West - 663.62 feet, a radius of 2944.90 feet, an arc distance of |
|
665.04 feet to a 5/8 inch iron rod found for the most southerly |
|
southwest corner of the herein described tract, common to the |
|
southwest corner of said 93.0689 acre tract and the southeast |
|
corner of the 29.197 acre tract described as Tract V in the deed |
|
from Conroe Parks Foundation, Inc. to Al Stewart, Trustee recorded |
|
under Montgomery County Clerk's File Number 2005-061027, of the |
|
Official Public Records of Real Property of Montgomery County, |
|
Texas; |
|
THENCE North 17° 43' 38" West - 984.39 feet, with a west line of |
|
said 93.0689 acre tract, common to the east line of said 29.197 acre |
|
tract, to an angle corner of the herein described tract, common to |
|
an angle corner of said 93.0689 acre tract and the northeast corner |
|
of said 29.197 acre tract; |
|
THENCE South 71° 36' 50" West - 361.03 feet, with a south line of |
|
said 93.0689 acre tract, common to the north line of said 29.197 |
|
acre tract, to an angle corner of the herein described tract, in the |
|
centerline of Little Caney Creek; |
|
THENCE with the centerline meanders of Little Caney Creek the |
|
following (29) twenty-nine courses and distances: |
|
North 03° 03' 51" West - 52.47 feet to an angle corner of the |
|
herein described tract; |
|
North 66° 24' 47" West - 41.80 feet to an angle corner of the |
|
herein described tract; |
|
North 12° 29' 51" West - 17.49 feet to an angle corner of the |
|
herein described tract; |
|
North 41° 05' 34" East - 45.82 feet to an angle corner of the |
|
herein described tract; |
|
North 07° 13' 07" East - 12.93 feet to an angle corner of the |
|
herein described tract; |
|
North 46° 08' 56" West - 59.04 feet to an angle corner of the |
|
herein described tract; |
|
North 02° 24' 21" West - 70.14 feet to an angle corner of the |
|
herein described tract; |
|
North 26° 18' 57" East - 34.57 feet to an angle corner of the |
|
herein described tract; |
|
North 07° 09' 40" West - 28.66 feet to an angle corner of the |
|
herein described tract; |
|
North 24° 28' 33" West - 49.25 feet to an angle corner of the |
|
herein described tract; |
|
North 16° 19' 11" East - 45.42 feet to an angle corner of the |
|
herein described tract; |
|
North 05° 22' 51" East - 48.13 feet to an angle corner of the |
|
herein described tract; |
|
North 31° 51' 20" West - 44.89 feet to an angle corner of the |
|
herein described tract; |
|
North 64° 34' 21" West - 25.73 feet to an angle corner of the |
|
herein described tract; |
|
North 05° 34' 25" West - 56.32 feet to an angle corner of the |
|
herein described tract; |
|
North 11° 31' 43" West - 39.97 feet to an angle corner of the |
|
herein described tract; |
|
North 19° 20' 05" East - 55.07 feet to an angle corner of the |
|
herein described tract; |
|
North 12° 22' 13" West - 37.23 feet to an angle corner of the |
|
herein described tract; |
|
North 12° 33' 04" East - 67.16 feet to an angle corner of the |
|
herein described tract; |
|
North 00° 06' 31" West - 64.48 feet to an angle corner of the |
|
herein described tract; |
|
North 24° 26' 14" West - 13.94 feet to an angle corner of the |
|
herein described tract; |
|
North 04° 37' 44" East - 79.92 feet to an angle corner of the |
|
herein described tract; |
|
North 35° 04' 05" East - 49.14 feet to an angle corner of the |
|
herein described tract; |
|
North 05° 22' 59" West - 59.03 feet to an angle corner of the |
|
herein described tract; |
|
North 29° 08' 10" West - 87.95 feet to an angle corner of the |
|
herein described tract; |
|
North 39° 59' 31" East - 57.02 feet to an angle corner of the |
|
herein described tract; |
|
North 20° 59' 46" East - 59.93 feet to an angle corner of the |
|
herein described tract; |
|
North 21° 59' 30" East - 72.85 feet to an angle corner of the |
|
herein described tract; |
|
North 00° 15' 24" West - 9.12 feet to an angle corner of the herein |
|
described tract, in the west line of said 93.0689 acre tract, common |
|
to the east line of SOUTHERN OAKS, SEC. 2, recorded under Cab. A, |
|
Sheet 30A, in the Map Records of Montgomery County, Texas; |
|
THENCE North 17° 43' 38" West - 502.80 feet, with the west line of |
|
said 93.0689 acre tract, the east line of said SOUTHERN OAKS, SEC. 2 |
|
and the west line of CONROE MEMORIAL CEMETARY, recorded under Cab. |
|
T, Sheets 89-94, in the Map Records of Montgomery County, Texas, to |
|
a 5/8 inch iron rod found for the northwest corner of the herein |
|
described tract, common to the northwest corner of said 93.0689 |
|
acre tract, from which a found 1/2 inch iron rod bears |
|
South 44° 25' 04" West - 1.42 feet; |
|
THENCE North 71° 33' 14" East - 1437.22 feet, with the north line of |
|
said 93.0689 acre tract, common to the south line of said 538.209 |
|
acre tract to the POINT OF BEGINNING and containing 82.91 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. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
7921, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 7921.106 to read as follows: |
|
Sec. 7921.106. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. 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, 2015. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 2056 passed the Senate on |
|
May 8, 2015, by the following vote: Yeas 29, Nays 1, one present |
|
not voting. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 2056 passed the House on |
|
May 22, 2015, by the following vote: Yeas 140, Nays 0, two |
|
present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |