Bill Text: TX SB1118 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Blaketree Municipal Utility District No. 2 of Montgomery County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-09 - Effective on 9/1/17 [SB1118 Detail]
Download: Texas-2017-SB1118-Comm_Sub.html
Bill Title: Relating to the creation of the Blaketree Municipal Utility District No. 2 of Montgomery County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-09 - Effective on 9/1/17 [SB1118 Detail]
Download: Texas-2017-SB1118-Comm_Sub.html
By: Creighton | S.B. No. 1118 | |
(In the Senate - Filed February 27, 2017; March 7, 2017, | ||
read first time and referred to Committee on Intergovernmental | ||
Relations; April 19, 2017, reported favorably by the following | ||
vote: Yeas 7, Nays 0; April 19, 2017, sent to printer.) | ||
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relating to the creation of the Blaketree Municipal Utility | ||
District No. 2 of Montgomery County; 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 7972 to read as follows: | ||
CHAPTER 7972. BLAKETREE MUNICIPAL UTILITY DISTRICT NO. 2 OF | ||
MONTGOMERY COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7972.001. 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 Blaketree Municipal Utility | ||
District No. 2 of Montgomery County. | ||
Sec. 7972.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7972.003. 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. 7972.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 7972.003 | ||
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. 7972.005. 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. 7972.006. 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. 7972.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7972.052, directors serve | ||
staggered four-year terms. | ||
Sec. 7972.052. TEMPORARY DIRECTORS. (a) On or after | ||
September 1, 2017, 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 7972.003; or | ||
(2) September 1, 2021. | ||
(c) If permanent directors have not been elected under | ||
Section 7972.003 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 7972.003; 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. 7972.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7972.102. 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. 7972.103. 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. 7972.104. 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. 7972.105. 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. | ||
Sec. 7972.106. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if the district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) Any new district created by the division of the district | ||
may not, at the time the new district is created, contain any land | ||
outside the area described by Section 2 of the Act enacting this | ||
chapter. | ||
(d) The board, on its own motion or on receipt of a petition | ||
signed by the owner or owners of a majority of the assessed value of | ||
the real property in the district, may adopt an order dividing the | ||
district. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
7972.003 to confirm the creation of the district. | ||
(f) An order dividing the district shall: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between or among the new districts. | ||
(g) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the commission and record the order in the real property | ||
records of each county in which the district is located. | ||
(h) Any new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 7972.003. | ||
(i) Any new district created by the division of the district | ||
must hold an election as required by this chapter to obtain voter | ||
approval before the district may impose a maintenance tax or issue | ||
bonds payable wholly or partly from ad valorem taxes. | ||
(j) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
7972.004 acts as municipal consent to the creation of any new | ||
district created by the division of the district and to the | ||
inclusion of land in the new district. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7972.151. 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 7972.153. | ||
(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. 7972.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7972.151, 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. 7972.153. 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. 7972.201. 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. 7972.202. 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. 7972.203. 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 Blaketree Municipal Utility District No. 2 | ||
of Montgomery County initially includes all the territory contained | ||
in the following area: | ||
A METES AND BOUNDS description of a certain 452.0 acre tract out of | ||
the Noah Griffith Survey, Abstract No. 16, in Montgomery County, | ||
Texas, being all of the remainder of a called 469.383 acre tract | ||
(Parcel B) conveyed by Special Warranty Deed to Montgomery Land | ||
Partners, LP, recorded in Document No. 201302469 of the Official | ||
Public Records of Montgomery County (OPRMC); Said 452.0 acre tract | ||
being more particularly described by metes and bounds as follows | ||
with all bearings being based on the most southerly north line of | ||
the Final Plat of Bluejack National Phase 1A having a record bearing | ||
of South 88°24'00" West, recorded in Cabinet Z, Sheets 3074-3088, | ||
File No. 2014-102281 of the Map Records of Montgomery County; | ||
BEGINNING at a point-for-corner marking the northeast corner of | ||
said 469.383 acre remainder tract being in the south right-of-way | ||
of Moon Camp Road and the west right-of-way of Farm to Market | ||
Highway 1486; | ||
THENCE along said west right-of-way, being common with the easterly | ||
lines of said 469.383 acre remainder tract, the following seven (7) | ||
courses and distances: | ||
1. South 03°45'09" East, 1051.73 feet to a point-for-corner | ||
and the beginning of a curve to the right; | ||
2. Along said curve to the right, having a radius of 1392.48 | ||
feet, an arc length of 886.26 feet, a delta angle of 36°28'00", a | ||
chord bearing of South 14°28'51" West, and a chord length of 871.38 | ||
feet, to a point-for-corner marking a point of tangency; | ||
3. South 32°42'51" West, 1622.60 feet to a point-for-corner; | ||
4. North 57°17'09" West, 10.00 feet to a point-for-corner; | ||
5. South 32°42'51" West, 539.35 feet to a point-for-corner | ||
and the beginning of a curve to the left; | ||
6. Along said curve to the left, having a radius of 1482.48 | ||
feet, an arc length of 910.29 feet, a delta angle of 35°10'53" a | ||
chord bearing of South 15°07'24" West, and a chord length of 896.06 | ||
feet, to a point-for-corner marking a point of tangency; | ||
7. South 02°28'07" East, 1569.03 feet to a point-for-corner | ||
marking the southeast corner of said 469.383 acre remainder tract | ||
being common with the most easterly northeast corner of | ||
aforementioned Final Plat of Bluejack National Phase 1A and being | ||
in the west right-of-way of Farm to Market Highway 1486; | ||
THENCE along the common lines of said 469.383 acre remainder tract | ||
and said Final Plat of Bluejack National Phase 1A the following | ||
three (3) courses and distances; | ||
1. South 87°09'29" West, 100.00 feet to a point-for-corner; | ||
2. North 02°28'41" West, 15.33 feet to a point-for-corner; | ||
3. South 88°24'00" West, 3329.69 feet to a point-for-corner | ||
marking the southwest corner of said 469.383 acre remainder tract; | ||
THENCE along the common lines of said 469.383 acre remainder tract | ||
and a called 4.945 acre tract conveyed by Special Warranty Deed to | ||
The Bluejack Company, LLC recorded in Document No. 2016004704 of | ||
the OPRMC the following three (3) courses and distances: | ||
1. North 04°32'32" West, 4187.74 feet to a point-for-corner; | ||
2. North 35°33'45" West, 115.14 feet to a point-for-corner | ||
marking the beginning of a curve to the left; | ||
3. Along said curve to the left, having a radius of 50.00 | ||
feet, an arc length of 45.78 feet, a delta angle of 52°27'52", a | ||
chord bearing of North 67°22'48" West, and a chord length of 44.20 | ||
feet, to a point-for-corner marking a point of tangency and a | ||
northwesterly corner of said 469.383 acre remainder tract; | ||
THENCE North 03°36'45" West, along a northwesterly line of said | ||
469.383 acre remainder tract, 76.30 feet to a point-for-corner | ||
marking the most westerly northwest corner of said 469.383 acre | ||
remainder tract; | ||
THENCE North 87°16'11" East, along a north line of said 469.383 acre | ||
remainder tract, 4097.69 feet to a point-for-corner marking an | ||
interior corner of said 469.383 acre remainder tract; | ||
THENCE North 02°40'00" West, along the most easterly west line of | ||
said 469.383 acre remainder tract, 1590.96 feet to a | ||
point-for-corner marking a north corner of said 469.383 acre tract | ||
and being in aforementioned south right-of-way of Moon Camp Road; | ||
THENCE along said south right-of-way of Moon Camp Road the | ||
following eleven (11) courses and distances: | ||
1. South 69°50'32" East, 4.92 feet to a point-for-corner; | ||
2. South 84°21'10" East, 56.74 feet to a point-for-corner; | ||
3. South 76°21'23" East, 36.53 feet to a point-for-corner; | ||
4. South 80°18'36" East, 198.79 feet to a point-for-corner; | ||
5. South 89°14'26" East, 215.50 feet to a point-for-corner; | ||
6. North 86°14'44" East, 129.06 feet to a point-for-corner; | ||
7. North 76°08'26" East, 6.64 feet to a point-for-corner; | ||
8. North 80°26'42" East, 8.20 feet to a point-for-corner; | ||
9. North 86°14'58" East, 20.60 feet to a point-for-corner; | ||
10. North 78°56'24" East, 79.34 feet to a point-for-corner; | ||
11. North 80°26'42" East, 604.86 feet to the POINT OF | ||
BEGINNING, CONTAINING 452.0 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 | ||
7972, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7972.107 to read as follows: | ||
Sec. 7972.107. 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 September 1, 2017. | ||
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