Bill Text: TX SB724 | 2013-2014 | 83rd Legislature | Enrolled

---

Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 133; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2013-06-14 - Effective immediately [SB724 Detail]

Download: Texas-2013-SB724-Enrolled.html

---

S.B. No. 724

AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 133; 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 8457 to read as follows:
CHAPTER 8457. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
NO. 133
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8457.001. 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. 133.
Sec. 8457.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8457.003. 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. 8457.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8457.003
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. 8457.005. 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. 8457.006. 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. 8457.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8457.052, directors serve
staggered four-year terms.
Sec. 8457.052. 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 8457.003; 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 8457.003 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 8457.003; 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. 8457.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8457.102. 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. 8457.103. 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. 8457.104. 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, zoning and
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. 8457.105. 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. 8457.151. 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 8457.153.
(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. 8457.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8457.151, 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. 8457.153. 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. 8457.201. 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. 8457.202. 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. 8457.203. 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. 133 initially includes all the territory contained in the
following area:
BEING 342.842 acres of land located in the Elijah Collard
Survey, Abstract Number 7 and the Martin P. Clark Survey, Abstract
Number 148, Montgomery County, Texas being all of the Foster
Collard Tract Area 1, all of the Foster Collard Tract Area 2, all of
the Foster Collard Tract Area 3 and a part of the Foster Clark Tract
described in the Development Agreement of record under File Number
2010019564 in the Official Public Records of Montgomery County,
Texas (M.C.O.P.R.), said 342.842 acres being more particularly
described by metes and bounds (in three parts) as follows, all
bearings are referenced to the Silver City Colored Subdivision, a
subdivision of record in Volume 5, Page 7 of the Map Records of
Montgomery County, Texas (M.C.M.R.):
TRACT ONE - 20.64 ACRES
BEGINNING at the northwest corner of said Foster Collard
Tract Area 1, same being the northwest corner of the herein
described tract;
Thence, South 75° 00' 00" East, along the north line of said
Foster Collard Tract Area 1, 2,064.36 feet to a point for the
northeast corner of the herein described tract, same being the
northeast corner of said Foster Collard Tract Area 1 on the west
line of Longmire Road;
Thence, South 10° 40' 00" West, along said west line, 433.33
feet to a point for the southeast corner of the herein described
tract, same being the southeast corner of said Foster Collard Tract
Area 1 on the north line of League Line Road;
Thence, North 75° 00' 00" West, along said north line,
2,097.10 feet to a point for the southwest corner of the herein
described tract, same being the southwest corner of said Foster
Collard Tract Area 1;
Thence, North 15° 00' 00" East, along the west line of said
Foster Collard Tract Area 1, 432.09 feet to the POINT OF BEGINNING
and containing 20.640 acres of land.
TRACT TWO - 297.286 ACRES
BEGINNING at the northwest corner of the aforementioned
Foster Collard Tract Area 2, same being the northwest corner of the
herein described tract on the east line of Longmire Road;
Thence, South 75° 00' 00" East, along the north line of said
Foster Collard Tract Area 2, 2,145.72 feet to a point for the
northeast corner of said Foster Collard Tract Area 2 on the west
line of the aforementioned Foster Clark Tract, same being the
common survey line between the aforementioned Collard and Clark
Surveys;
Thence, North 15° 00' 00" East, along said west line and said
common line, 4,616.66 feet to a point for the northwest corner of
the herein described tract;
Thence, over and across said Foster Clark Tract the following
for (4) courses;
1) South 76° 33' 47" East, 842.01 feet to a point for corner,
the beginning of a non-tangent curve to the right;
2) Along the arc of said curve to the right having a radius
of 500.00 feet, a central angle of 31° 45' 29", an arc length of
277.14 feet and a chord that bears South 61° 27' 52" East, 273.61
feet to a point for corner at the end of said curve;
3) North 50° 44' 32" East, 880.76 feet to a point for corner;
4) South 27° 18' 48" East, 2,162.16 feet to a point for the
northeast corner of the herein described tract on an east line of
the aforementioned Foster Clark Tract, same being the west line of
the Final Plat of Teas Lakes Section Four, a subdivision of record
in Cabinet Y, Sheet 180-181, M.C.M.R.;
Thence, South 10° 00' 00" West, along said east line, said
west line and the west line of the Final Plat of Teas Lakes Section
Three, a subdivision of record in Cabinet W, Sheet 188-189,
M.C.M.R., 2,116.14 feet to a point for corner;
Thence, North 75° 00' 00" West, continuing along said east
line 1,797.56 feet to a point for corner;
Thence, South 10° 00' 00" West, continuing along said east
line 2,033.85 feet to a point for the southeast corner of the herein
described tract, same being the southeast corner of the
aforementioned Foster Clark Tract on the north line of League Line
Road, same being the south line of said Foster Clark Tract;
Thence, North 75° 00' 00" West, along said north line, passing
the common south corner of said Foster Clark Tract and the
aforementioned Foster Collard Tract Area 2 at 1,641.86 feet and
continuing a total of 3,640.86 feet to a point for the most
southerly southwest corner of the herein described tract, same
being the most southerly southwest corner of the aforementioned
Foster Collard Tract Area 2 and being at the southeast end of a
corner cut-back line;
Thence, North 32° 10' 00" West, along said corner cutback
line, 166.00 feet to a point for the most westerly southwest corner
of the herein described tract, same being the most westerly
southwest corner of said Foster Collard Tract Area 2 on the
aforementioned east line of Longmire Road, same being the west line
of said Foster Collard Tract Area 2;
Thence, North 10° 40' 00" East, along said east line, 330.69
feet to the POINT OF BEGINNING and containing 312.286 acres of land,
SAVE AND EXCEPT that certain called 15.000 acre tract of land
conveyed to Willis Independent School District by the instrument of
record under File Number 2011027871, M.C.O.P.R., leaving a
remainder of 297.286 acres.
TRACT THREE - 24.916 ACRES
BEGINNING at the most northerly northwest corner of the
aforementioned Foster Collard Tract Area 3, same being the most
northerly northwest corner of the herein described tract on the
south line of League Line Road, same being the north line of said
Foster Collard Tract Area 3;
Thence, South 75° 00' 00" East, along said south line,
1,999.00 feet to a point for the northeast corner of the herein
described tract, same being the northeast corner of said Foster
Collard Tract Area 3 on the east line of said Foster Collard Tract
Area 3, same being the common line between the aforementioned
Collard Survey and the J. Edwards Survey, Abstract Number 190;
Thence, South 15° 00' 00" West, along said east line and said
common line, 520.44 feet to a point for the southeast corner of the
herein described tract, same being the southeast corner of said
Collard Survey;
Thence, North 75° 00' 00" West, along the south line of said
Foster Collard Tract Area 3 and said common line, 2,079.44 feet to a
point for the southwest corner of the herein described tract, same
being the southwest corner of said Foster Collard Tract Area 3 on
the east line of Longmire Road, same being the west line of said
Foster Collard Tract Area 3;
Thence, North 10° 40' 00" East, along said east line, 402.06
feet to a point for the most westerly northwest corner of the herein
described tract, same being the most westerly northwest corner of
said Foster Collard Tract Area 3 and being at the southwest end of a
corner cut-back line;
Thence, North 57° 50' 00" East, along said corner cut-back
line, 163.00 feet to the POINT OF BEGINNING and containing 24.916
acres of land.
Said Tract 1, Tract 2 and Tract 3 containing a total of
342.842 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
8457, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8457.106 to read as follows:
Sec. 8457.106. 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 Subsection (c),
Section 17, 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, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 724 passed the Senate on
May 15, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 724 passed the House on
May 22, 2013, by the following vote: Yeas 147, Nays 1, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor