Bill Text: TX SB2027 | 2015-2016 | 84th Legislature | Enrolled
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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2015-06-16 - Effective immediately [SB2027 Detail]
Download: Texas-2015-SB2027-Enrolled.html
S.B. No. 2027 |
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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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 2027 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. 2027 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 |