Bill Text: TX HB4146 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 149; 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) 2015-05-04 - Comm. report sent to Local & Consent Calendar [HB4146 Detail]

Download: Texas-2015-HB4146-Introduced.html

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84R10985 TSR-F
By: Metcalf H.B. No. 4146

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 149; 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 7917 to read as follows:
CHAPTER 7917. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 149
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7917.001. 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. 149.
Sec. 7917.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7917.003. 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. 7917.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7917.003
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. 7917.005. 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. 7917.006. 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. 7917.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7917.052, directors serve
staggered four-year terms.
Sec. 7917.052. 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 7917.003; 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 7917.003 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 7917.003; 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. 7917.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7917.102. 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. 7917.103. 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. 7917.104. 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. 7917.105. 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. 7917.151. 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 7917.153.
(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. 7917.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7917.151, 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. 7917.153. 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. 7917.201. 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. 7917.202. 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. 7917.203. 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. 149 initially includes all the territory contained in the
following area:
TRACT 1
BEING 50.571 acres of land situated in the James Smith
Survey, Abstract Number 37 in Montgomery County, Texas and being
out of and a part of that certain 53.29 acres as described in Deed to
Jerry Thurmon and recorded under Clerk's File Number 9651718 of the
Official Public Records of Real Property of Montgomery County,
Texas; said 50.571 acres being more particularly described by metes
and bounds as follows with all bearings referenced to the West line
of that certain 44.964 acre tract as described in Deed recorded
under Clerk's File Number 9802099 of the Official Public Records of
Real Property in Montgomery County, Texas;
BEGINNING at a 1/2 inch iron rod, found for the Southeast
corner of the herein described tract and the Southeast corner of the
53.29 acre tract and being the Southwest corner of the 44.964 acre
tract in the North line of the Griggs Corporation 145,502 acres as
described in Volume 718, Page 812 of the Deed Records of Montgomery
County, Texas, and further located in the South line of the James
Smith Survey, Abstract Number 37 and the North line of the John
Stafford Survey, Abstract Number 527 of Montgomery County, Texas;
THENCE: South 86 deg. 51 min. 59 sec. West, a distance of
262.53 feet along the common line of the John Stafford Survey and
the James Smith Survey, along the North line of the 145,502 acre
tract, to a 5/8 inch iron rod, found for the most Southerly
Southwest corner of the herein described tract and the Southeast
corner of that certain 10.00 acre tract as described in Deed
recorded under Clerk's File Number 9007684 of the Official Public
Records of Real Property of Montgomery County, Texas;
THENCE: North 00 deg. 11 min. 22 sec. West, a distance of
466.42 feet along the East line of the 10.00 acre tract to a 5/8 inch
iron rod, set for an interior corner of the herein described tract
and the Northeast corner of the 10.00 acre tract;
THENCE: South 87 deg. 37 min. 42 sec. West, a distance of
933.50 feet along the North line of the 10.00 acre tract to a 5/8
inch iron rod, found for the most Westerly Southwest corner of the
herein described tract and the Northwest corner of the 10.00 acre
tract in the West line of the James Smith Survey and the East line of
the John T. Vince Survey, Abstract Number 41 and being located in
the East line of Lot 22 of Crestwood Farms, a subdivision recorded
in Volume 5, Page 353, of the Map Records of Montgomery County,
Texas;
THENCE: North 00 deg. 06 min. 32 sec. West, along the common
line of the James Smith Survey and the John T. Vince Survey, passing
at 151.11 feet, a railroad tie fence corner post for the Northeast
corner of Lot 22 and the Southeast corner of Lot 21, Crestwood Farms
Subdivision; in all, a distance of 705.54 feet to a concrete
monument and railroad tie fence corner, found for the Northeast
corner of Lot 21 and the Southeast corner of Lot 20 of Crestwood
Farms Subdivision, for an angle point in the West line of the herein
described tract;
THENCE: North 00 deg. 14 min. 29 sec. West, a distance of
556.92 feet along the East line of Lot 20 and the common line of the
James Smith Survey and the John T. Vince Survey, to a concrete
monument found at an old fence post for the Northeast corner of Lot
20 of Crestwood Farms Subdivision and the Southeast corner of Lot 8
in Block 10C of a revision to Lake Conroe Forest Subdivision, the
map or plat thereof recorded in Volume 5, Page 493 of the Map
Records of Montgomery County, Texas, for an angle point in the West
line of the herein described tract;
THENCE: North 00 deg. 37 min. 02 sec. West, continuing along
the common line of the James Smith Survey; and the John T. Vince
Survey a distance of 199.25 feet to a 5/8 inch iron rod, found for
the Northeast corner of Lot 8 and the Southeast corner of Lot 7 in
Block 10C of the revision to Lake Conroe Forest, for an angle point
in the West line of the herein described tract;
THENCE: North 01 deg. 47 min. 42 sec. West, continuing along
the common line of the James Smith Survey and the John T. Vince
Survey to a point for reference for the Northeast corner of said Lot
7 in Block 10C and the most Southerly corner of Lot 7 in Block 7 of
Lake Conroe Forest based on the map recorded in Volume 6, Page 17 of
the Map Records of Montgomery County, Texas, for an angle point in
the West line of the herein described tract;
THENCE: North 00 deg. 32 min. 03 sec. West, continuing along
the common line of the James Smith Survey and the John T. Vince
Survey a distance of 150.51 feet to a 5/8 inch iron rod, set for the
Northwest corner of the herein described tract and the Southwest
corner of that certain 46.053 acres as described in Deed recorded
under Clerk's File Number 9532205 of the Official Public Records of
Real Property of Montgomery County, Texas;
THENCE: North 89 deg. 27 min. 57 sec. East, a distance of
1224.42 feet along the South line of the 46.053 acre tract to a 5/8
inch iron rod, set for the Northeast corner of the herein described
tract;
THENCE: South 00 deg. 26 min. 41 sec. West, severing the
aforesaid 53.29 acre tract and passing at 420.53 feet, a 1/2 inch
iron rod, found for an interior corner of the 53.29 acre tract and
the Northwest corner of the aforementioned 44.964 acre tract;
continuing along the common line of the 53.29 acre tract and the
44.964 acre tract, in all, a distance of 2163.48 feet, back to the
POINT OF BEGINNING and containing 50.571 acres of land, more or
less.
TRACT 2
BEING 10.00 acres of Land in the James Smith Survey, A-37,
Montgomery County, Texas, being all of two five acre tracts
described as Tract 1 and Tract 2, conveyed Carol Couvillion as
recorded in Volume 970, Page 29, Deed Records; More fully described
in one tract as follows:
BEGINNING at a concrete monument for the Southwest corner of
Tract 2, and Southeast corner of Crestwood Farms tracts;
THENCE: N 89° 08° E, 933.4 feet to a 1/2" iron rod for the
Southeast corner of Tract 1;
THENCE: N 01° 30° E, 467.05 feet to a 1/2" iron rod for
corner;
THENCE: S 89° 08° W, 933.4 feet to an iron rod for corner;
THENCE: S 01° 30° W, 467.05 feet to the PLACE OF BEGINNING and
containing 10.00 acres of land, based on the survey and plat
prepared by Glezman Surveying, dated February 16, 1998.
TRACT 3
BEING 1.370 acres of land situated in the James Smith Survey,
A-37, Montgomery County, Texas, and being a 60 foot wide
ingress/egress easement described in deed as 1.37 acres recorded
under County Clerk's File No. 99025903 of the Real Property Records
of Montgomery County, Texas, and being situated in a certain 46.053
acres of land as described in deed recorded under County Clerk's
File No. 9532205 of the Real Property Records of Montgomery County,
Texas, said 1.370 acre easement being more particularly described
by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found in the east boundary
line of Lot 7, Block 7, Lake Conroe Forest, according to the map or
plat thereof recorded in Volume 6, Page 17 of the Map Records of
Montgomery County, Texas, for the southwest corner of the said
46.053 acres of land common to the northwest corner of a certain
50.571 acres of land as described in deed recorded under County
Clerk's File No. 2010-026723 of the Real Property Records of
Montgomery County, Texas, same being the southwest corner and POINT
OF BEGINNING of the herein described easement;
THENCE North 00 degrees 33 minutes 48 seconds West, along the
east boundary line of said Lot 7 common to the west boundary line of
the said 46.053 acres of land, same being the west line of the
herein described easement, a distance of 934.68 feet to a 1/2 inch
iron rod found for the southeast corner of Tejas Boulevard, a 60
foot right-of-way, according to the map or plat thereof recorded in
Volume 6, Page 17 of the Map Records of Montgomery County, Texas,
and Cabinet D, Sheet 112-B of the Map Records of Montgomery County,
Texas, same being an angle point of the herein described easement;
THENCE North 00 degrees 33 minutes 43 seconds West, along the
east line of said Tejas Boulevard and continuing along the common
west boundary line of the said 46.053 acres of land and the herein
described easement, a distance of 60.00 feet to a point for the
northwest corner of the herein described easement;
THENCE North 89 degrees 02 minutes 39 seconds East, along the
north line of the herein described easement, a distance of 60.00
feet to a point for the northeast corner of the herein described
easement;
THENCE South 00 degrees 33 minutes 48 seconds East, along the
east line of the herein described easement, a distance of 995.12
feet to a point in the south boundary line of the said 46.053 acres
of land common to the north boundary line of the said 50.571 acres
of land for the southeast corner of the herein described easement;
THENCE South 89 degrees 27 minutes 57 seconds West, along
said common boundary line and the south line of the herein described
easement, a distance of 60.00 feet to the POINT OF BEGINNING and
containing a 1.370 acre ingress/egress easement.
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
7917, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7917.106 to read as follows:
Sec. 7917.106. 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.