Bill Text: TX HB4145 | 2015-2016 | 84th Legislature | Comm Sub

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Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 151; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-05-11 - Comm. report sent to Local & Consent Calendar [HB4145 Detail]

Download: Texas-2015-HB4145-Comm_Sub.html

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84R22420 TSR-D
By: Metcalf H.B. No. 4145
Substitute the following for H.B. No. 4145:
By: Zedler C.S.H.B. No. 4145

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 151; 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 7918 to read as follows:
CHAPTER 7918. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 151
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7918.001. 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. 151.
Sec. 7918.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7918.003. 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. 7918.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7918.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction 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. 7918.005. 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. 7918.006. 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. 7918.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7918.052, directors serve
staggered four-year terms.
Sec. 7918.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, 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 temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7918.003; 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 7918.003 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 7918.003; 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. 7918.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7918.102. 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. 7918.103. 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. 7918.104. 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. 7918.105. CERTAIN NAVIGATION IMPROVEMENTS. (a) The
district is created for the following purposes and has the power to
purchase, construct, acquire, own, operate, maintain, improve, or
extend, inside or outside the district, a canal or other waterway,
bulkhead, dock, or improvement in aid of such canals, waterways,
bulkheads, or docks.
(b) Notwithstanding any other law, the powers provided by
Subsection (a) are subject to the applicable rules, regulations,
and approval of the San Jacinto River Authority.
(c) In the event the district adopts a rule or regulation
relating to boating or navigation, the rule or regulation must be
consistent with the applicable rules or regulations of the San
Jacinto River Authority.
Sec. 7918.106. 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. 7918.151. 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 7918.153.
(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. 7918.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7918.151, 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. 7918.153. 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. 7918.201. 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. 7918.202. 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. 7918.203. 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. 151 initially includes all the territory contained in the
following area:
All that certain tract or parcel containing 144.891 acres of
land in the Neal Martin Survey, A-26, Montgomery County, Texas,
being part of tracts 1, 2, 3 and 4 in Exhibit "A", and all of the 4.0
acre Exhibit "B" Tract conveyed from Edward Goethe-Barnes, et al,
Trustees to Goethe Inglet Family Partners, Ltd., by an instrument
of record in Clerks File #2001014383, Montgomery County Official
Public Record (MCOPR), said 144.891 acres being more particularly
described by metes and bounds as follows, basing bearings on the
Texas Coordinate System of 1983, Central Zone, to wit:
COMMENCING FOR REFERENCE at a 5/8" iron rod found for
northwest corner of a tract which was called 2.5000 acres and
conveyed from Goethe Inglet Family Partners, Ltd. to Shapla
Enterprises, Inc., by an instrument of record in Clerks File
#2014038035, MCOPR, lying in the east line of Longstreet Road;
THENCE N12°17'22"E, 50.00 feet along the east line of
Longstreet Road to a 5/8" iron rod set for southwest corner and
PLACE OF BEGINNING of the tract described herein;
THENCE N12°17'22"E, 2,359.12 feet along the east line of
Longstreet Road to a 5/8" iron rod set for interior corner;
THENCE N07°59'53"E, 569.41 feet continuing along the east
line of Longstreet Road to a 6" wood post found for a northwest
corner, lying in the south line of a tract which was called 2.7213
acres and conveyed from Goethe Inglet Family Partners, Ltd. to
Carol Phyllis Barnes Ingram, by an instrument of record in Clerks
File #2005050891, MCOPR;
THENCE S82°39'45"E, 558.52 feet along the south line of said
2.7213 acre tract to a 6" wood post found for interior corner, being
the southeast corner of said 2.7213 acre tract;
THENCE N08°08'04"E, 200.35 feet along the east line of said
2.7213 acre tract to a 6" wood post found for interior corner, being
the northeast corner of said 2.7213 acre tract;
THENCE N82°08'11"W, 558.96 feet along the north line of said
2.7213 acre tract to a 7" wood post found for corner, lying in the
east line of Longstreet Road;
THENCE N07°59'53"E, 139.81 feet continuing along the east
line of Longstreet Road to a 5/8" iron rod set for northwest corner,
lying in a north line of said Fourth Tract;
THENCE S78°35'54"E, 68.53 feet along the north line of said
Fourth Tract to a 1/2" iron rod found for interior corner, being the
northeast corner of said Fourth Tract, lying in the west line of
said Third Tract;
THENCE N11°33'36"E, along the common line of said Third Tract
and a tract of unknown ownership, at 381.30 feet pass a 5/8" iron
rod set for reference in the south line of Longstreet Road,
continuing along said common line crossing Longstreet Road for a
distance in all of 493.30 feet to a point for northwest corner,
lying in the east line of a tract which was called Lot 8, Longwood
Estates Section Three, Cabinet H, Sheet 42 B;
THENCE 123.29 feet along the common line of said Lot 8 and
north line of Longstreet Road in the arc of a curve to the right,
(Delta= 47°05'32", Radius= 150.00 feet, Chord= N70°59'48"E, 119.85
feet), to a 5/8" iron rod found marking the northeast corner of Lot
8, Longwood Estates, lying in the north line of said Third Tract and
south line of Lot 9, Longwood Estates;
THENCE S78°35'58"E, 365.38 feet along the north line of said
Third Tract crossing Longstreet Road to a 1/2" iron rod found for
interior corner,
THENCE N11°44'59"E, 69.53 feet crossing said Longstreet Road
to a 5/8" iron rod set for northwest corner, being a northwest
corner of said Third Tract and southwest corner of a tract which was
called 20 acres and conveyed from Laura Bell Paddock to Dorothy
Paddock Scott, by an instrument of record in Volume 223, Page 161,
MCOPR;
THENCE S78°15'01"E, 896.66 feet along the common line of said
20 acre tract, said Third Tract and a south line of The Estates,
Section One, a subdivision of record in Clerks File #2001076225,
MCOPR to a 5/8" iron rod found for northeast corner, being the
northeast corner of said Third Tract and common west corner of Lot 1
and Lot 2, Block 2, The Estates, Section One;
THENCE S11°17'46"W, 657.88 feet along the common line of said
Third Tract and The Estates, Section One to a 5/8" iron rod found
for angle point, being the southwest corner of The Estates, Section
One and northwest corner of the Residue of a tract which was called
106.394 acres and conveyed from the U.S. Land Corp to Carlson Bros.
Corp, by an instrument of record in the Clerks File #2005010043,
MCOPR;
THENCE S11°41'18"W, 1,162.18 feet along the common line of
said Third Tract and said 106.394 acre tract to a 1" flat bar found
for interior corner, being the northwest corner of said First Tract
and southwest corner of said 106.394 acre tract, from which a 5/8"
iron rod found bears: N08°23'14"E, 5.13 feet;
THENCE S77°52'09"E, 888.41 feet continuing along the common
line of said First Tract and said 106.394 acre tract to a x-tie
fence corner found for a northeast corner of said First Tract and
interior corner of said 106.394 acre tract;
THENCE S14°38'09"W, 5.30 feet continuing along said common
line to a 5/8" iron rod found for angle point, being a southwest
corner of said 106.394 acre tract and northwest corner of a tract
which was called 4.999 acres and conveyed from Drew Spencer, et al
to L.P. Carlson, Sr., by an instrument of record in Clerks File
#2004022798, MCOPR;
THENCE S11°47'13"W, 881.49 feet along the common line of said
First Tract and said 4.999 acre tract to a 1/2" iron rod found for
most northerly southeast corner, being the southwest corner of said
4.999 acre tract and most northerly corner of a tract which was
called 26.15 acres and conveyed to the San Jacinto River Authority
by Award of Special Commissioners, Condemnation Proceedings, Case
No. 5058, Montgomery County Clerk;
THENCE S46°13'47"W, 109.20 feet along the common line of the
residue of said First Tract and said 26.15 acre tract to a 1/2" iron
rod found for angle point;
THENCE N86°35'41"W, 70.93 feet continuing along said common
line to a 1/2" iron rod found for angle point;
THENCE S63°45'48"W, 197.94 feet continuing along said common
line to a 1/2" iron rod found for angle point;
THENCE S49°48'09"W, 190.96 feet continuing along said common
line to a 1/2" iron rod found for angle point;
THENCE S75°04'12"W, 110.80 feet continuing along said common
line to a 1/2" iron rod found for angle point;
THENCE N87°35'24"W, 114.08 feet continuing along said common
line to a 1/2" iron rod found for angle point;
THENCE S20°42'33"W, 269.75 feet continuing along said common
line to a 5/8" iron rod set for angle point;
THENCE S51°53'06"W, 132.88 feet continuing along said common
line to a 5/8" iron rod set for angle point;
THENCE S68°37'09"W, 188.83 feet continuing along said common
line to a 5/8" iron rod set for angle point;
THENCE S73°00'22"W, 263.76 feet continuing along said common
line to a 5/8" iron rod set for angle point;
THENCE N67°43'26"W, 124.06 feet continuing along said common
line to a 1/2" iron rod found for angle point;
THENCE S60°30'30"W, 43.65 feet continuing along said common
line to a 1/2" iron rod found for angle point;
THENCE departing said common line, S88°32'20"W, 651.14 feet
crossing said Second Tract to a 5/8" iron rod set for angle point;
THENCE N76°59'49"W, 365.35 crossing said Second Tract to the
PLACE OF BEGINNING, containing 144.891 acres of land, more or less.
Save & Except 0.777 acre of land lying in Longstreet Road, leaving a
net acreage of 144.114 acres.
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
7918, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7918.107 to read as follows:
Sec. 7918.107. 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.