Bill Text: TX SB2028 | 2015-2016 | 84th Legislature | Enrolled
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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2015-06-16 - Effective immediately [SB2028 Detail]
Download: Texas-2015-SB2028-Enrolled.html
S.B. No. 2028 |
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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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 2028 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. 2028 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 |