Bill Text: TX HB4128 | 2015-2016 | 84th Legislature | Engrossed

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Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 147; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2015-05-19 - Referred to Administration [HB4128 Detail]

Download: Texas-2015-HB4128-Engrossed.html

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84R18489 TSR-F
By: Metcalf H.B. No. 4128

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 147; 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 7907 to read as follows:
CHAPTER 7907. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 147
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7907.001. 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. 147.
Sec. 7907.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7907.003. 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. 7907.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7907.003
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. 7907.005. 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. 7907.006. 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. 7907.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7907.052, directors serve
staggered four-year terms.
Sec. 7907.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2015, 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 7907.003; or
(2) September 1, 2019.
(c) If permanent directors have not been elected under
Section 7907.003 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 7907.003; 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. 7907.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7907.102. 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. 7907.103. 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. 7907.104. 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. 7907.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. (a) 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.
(b) Section 54.016(f), Water Code, does not apply to the
district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7907.151. 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 7907.153.
(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. 7907.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7907.151, 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. 7907.153. 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. 7907.201. 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. 7907.202. 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. 7907.203. 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. 147 initially includes all the territory contained in the
following area:
TRACT ONE:
BEING 75.060 ACRES OF LAND IN THE ROBERT MARSH SURVEY, A-355,
THE JAMES EDWARDS SURVEY, A-189, MONTGOMERY COUNTY, TEXAS, SAID
75.060 ACRES BEING OUT OF THE RODRIGUEZ FAMILY TRUST 210.3078 ACRE
TRACT OF LAND DEED OF WHICH IS RECORDED UNDER COUNTY CLERK'S FILE
NUMBER 2013-098325, MONTGOMERY COUNTY REAL PROPERTY RECORDS, SAID
75.060 ACRES BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS:
BEGINNING at a 5/8" iron rod set for the Northwest corner of
the herein described tract, same being the Northeast corner of a
0.1653 acre tract of land described by deed recorded in Volume 1087,
Page 346, Montgomery County Deed Records, said corner being N. 75°
03' 44" E., along the North line of the 210.3078 acre tract, the
South line of the Conroe Venture Ltd; 410.539 acre tract, (Conroe
Tract 4) deed of which is recorded under County Clerk's File Number
9149317, Montgomery County Real Property Records a distance of
746.31 feet from a 3/4" iron pipe found for the Southwest corner of
the 410.3078 acre tract;
THENCE N. 75° 03' 44" E., along the above mentioned lines for a
distance of 3,439.09 feet to a 5/8" iron rod found with a plastic
cap stamped COC for the Northeast corner of the herein described
tract, the West corner of the City of Conroe 1.820 acre tract of
land deed of which is recorded under County Clerk's File Number
2012-000764, Montgomery County Real Property Records;
THENCE S. 19° 07' 00" E., along the Southwest line of the said
1.820 acre tract for a distance of 796.87 feet to a 5/8" iron rod
found with a plastic cap stamped COC for the South corner of the
1.820 acre tad, in the North line of La Salle Crossing, (60' Cab. C,
Sht. 1, M.C.M.R.) and being the Southeast corner of the herein
described tract;
THENCE S. 71°07 56" W., along the North line of La Salle
Crossing for a distance of 25.10 feet to a 5/8" iron rod set for the
beginning of a curve to the right;
THENCE in a Southwesterly direction continuing with said
North line, along said curve to the right having a radius of 270.00
feet, a central angle of 14° 28' 21", for an are length of 68.20
feet, chord bears S. 78° 00' 30" W., 68.02 feet to a 5/8" iron rod set
for the end of curve;
THENCE S. 85° 32' 49" W., continuing along said North line for
a distance of 49.93 feet to a 5/8" iron rod found for the beginning
of a curve to the left;
THENCE in a Southwesterly direction continuing with said
North line, along said curve to the left having a radius of 330.00
feet, a central angle of 18° 20' 28" for an arc length of 105.64
feet, chord bears S. 76° 09' 01" W., 105.19 feet to a 5/8" iron rod
found for the end of curve;
THENCE S. 67° 01' 40" W., along the North line of La Salle
Crossing for a distance of 1,311.05 feet to a 5/8" iron rod found
for the beginning of a curve to the right;
THENCE in a Northwesterly direction continuing with said
North line, along said curve to the right having a radius of 340.00
feet, a central angle of 46° 19' 02", an arc length of 274.85 feet,
chord bears N. 89° 48' 50" W., 267.43 feet to a 5/8" iron rod set for
the end of curve;
THENCE N. 66° 39' 20" W., continuing along said North line for
a distance of 259.28 feet to a 5/8" iron rod set for the most
Northerly comer of La Salle Crossing;
THENCE S. 23° 20' 40" W., along the most Westerly line of La
Salle Crossing, passing at 60.00 feet its most Westerly corner,
same being the North corner of Lot 1, Block 1, La Salle Crossing,
and continuing along the Northwest line of Block 1 for a distance of
538.30 feet to a 5/8" iron rod set for corner, same being a corner of
the Montgomery County M.U.D. No. 42 391.0643 acre tract of land
deed of which is recorded in Volume 1142, Page 663, Montgomery
County Deed Records;
THENCE S. 45° 15' 00" W., continuing along the Northwest line
of Block 1 for a distance of 483.21 feet to the most Southerly
corner of the herein described tract;
THENCE N. 55° 51' 51" W., crossing said 210.3078 acre tract
for a distance of 722.37 feet;
THENCE N. 47° 07' 24" W., continuing across said 210.3078 acre
tract for a distance of 497.42 feet
THENCE N. 14° 51' 19" W., at 311.58 feet passing the East comer
of a 0.1653 acre tract and then along it's Northeast line for a
distance of 431.19 feet to the POINT OF BEGINNING and containing in
all 75.060 acres of land.
TRACT TWO:
BEING 55.369 ACRES OF LAND IN THE ROBERT MARSH SURVEY, A-355,
THE JAMES EDWARDS SURVEY, A -189, MONTGOMERY COUNTY, TEXAS SAID
55.369 ACRES BEING OUT OF THE WESLIE R. MARKS 210.3078 ACRE TRACT OF
LAND DEED OF WHICH IS RECORDED UNDER COUNTY CLERK'S FILE NUMBER
9223195, MONTGOMERY COUNTY REAL PROPERTY RECORDS, SAID 55.369 ACRES
BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS:
BEGINNING at a 3/4 " iron pipe found for the most Northerly
corner of the said 210.3078 acre tract, in a South line of the
Conroe Venture Ltd; 410.539 acre tract of land, ( Conroe Tract 4 )
deed of which is recorded under County Clerk's File Number 9149317,
Montgomery County Real Property Records;
THENCE S. 74° 17' 38" E., along the Northeast line of the said
210.3078 acre tract, a South line of the said 410.539 acre tract,
and called to be the North line of the marsh and the South line of
the James Edwards Survey, A-190 for a distance of 985.33 feet to a
5/8" iron rod found for the Northeast corner of the herein described
tract, the Northwest corner of the Pierre G. Mulacek and wife Suzee
6.00 acre tract of land deed of which is recorded under County
Clerk's File Number 9554950, Montgomery County Real Properly
Records, from whence a 1/2" iron rod found for the East corner of
the 210.3078 acre tract bears S. 74° 17' 38" E., 333.73 feet;
THENCE S. 17° 24' 18" W., along the West line of the said 6.00
acre tract for a distance of 548.96 feet to a 5/8" iron rod found for
corner;
THENCE S. 06° 15' 16" E., continuing along said West line,
passing at feet a 5/8" iron rod set for reference and continuing in
all for a distance of 397.48 feet to the Lower Northeast corner of
the herein described tract, in the centerline of a creek, same being
the Westerly line of Willowridge Estates, Section 2, a Subdivision
map of which is recorded in Cabinet D, Sheet 35B, Montgomery County
Map Records, same being the Southeast line of the said 210.3078 acre
tract;
THENCE in a Southerly direction with said centerline, the
Westerly line of Willowridge Estates, Section 2, the Westerly line
of Willowridge Estates, Section 3, ( Cab. D, Sht. 36B, M.C.M.R. ) as
follows;
1. S. 87° 09' 06" W, 85.39 feet,
2. S. 44° 02' 00" W., 48.96 feet,
3. N. 58° 14' 36" W., 37.43 feet,
4. S. 79° 10' 59" W., 27.07 feet,
5. S. 27° 14' 07" W.,27.53 feet,
6. S. 75° 06' 44" W., 40.89 feet,
7. N. 49° 30' 04" W., 31.06 feet,
8. S. 07° 50' 39" E., 48.09 feet,
9. N. 85° 40' 09" W., 101.99 feet,
10. S. 19° 18' 28" E., 70.95 feet,
11. S. 77° 49' 55" W., 45.75 feet,
12. S. 35° 18' 07" W., 34.72 feet,
13. S. 15° 47' 47" W., 46.61 feet,
14. S. 47° 04' 22" W., 39.76 feet,
15. S. 09° 40' 20" W., 45.88 feet,
16. S. 49° 38' 16" W., 52.53 feet,
17. S. 76° 03' 48" W., 28.51 feet,
18. S. 51° 10' 04" W., 48.90 feet,
19. N. 89° 26' 07" W., 44.20 feet,
20. S. 31° 31' 38" W., 21.54 feet,
21, S. 19° 03' 26" W., 21.26 feet,
22. S. 59° 11' 37" W., 40.65 feet,
23. S. 74° 10' 41" W., 59.64 feet,
24. S. 77° 24' 10" W., 33.56 feet,
25. S. 48° 38' 25" W., 43.57 feet,
26. S. 15° 44' 03" W., 101.76 feet,
27. S. 33° 43' 48" E., 24.11 feet,
28. S. 71° 07' 40" W., 47.25 feet,
29. S. 08° 48' 43" E., 50.87 feet,
30. S. 60° 01' 49" W., 46.58 feet,
31. S. 10° 23' 18" W., 60.72 feet,
32. S. 38° 01' 09" W., 26.25 feet,
33. S. 04° 55' 35" E., 18.79 feet,
34. S. 20° 16' 28" W., 46.42 feet,
35. S. 45° 15' 26" W., 114.00 feet,
36. S. 88° 37' 11" W., 24.76 feet,
37. S. 24° 58' 26" W., 49.04 feet,
38. S. 27° 36' 23" W., 23.09 feet,
39. S. 50° 25' 58" W., 77.59 feet,
40. S. 01° 31' 17" E., 158.07 feet to the Southeast corner of
the 210.3078 acre tract, the Southeast corner of the herein
described tract;
THENCE S. 75° 38' 38" W., along the South line of the 210.3078
acre tract passing at 3.81 feet a 5/8" iron rod found for reference
and continuing in all for a distance of 94.94 feet to a 5/8" iron rod
found with a plastic cap stamped COC for the Southeast corner of the
City of Conroe 1.461 acre tract of land deed of which is recorded
under County Clerk's File Number 2012-000763, Montgomery County
Real Property Records;
THENCE N. 45° 28' 08" W., along the East line of the said 1.461
acre tract for a distance of 46.96 feet to a 5/8" iron rod found with
a plastic cap stamped COC for the beginning of a curve to the right;
THENCE in a Northwesterly direction continuing with the above
mentioned East line along said curve to the right having a radius of
87.59 feet, a central angle of 51° 05' 30", for an arc length of
78.11 feet, chord bears N. 03° 53' 14" W., 75.54 feet to a 5/8" iron
rod set for the end of curve;
THENCE N. 22° 49' 06" E,, continuing along said East line for a
distance of 301.34 feet to a 5/8" iron rod set for the beginning of a
curve to the left;
THENCE in a Northwesterly direction continuing with the said
East line, along said curve to the left having a radius of 420.00
feet, a central angle of 66° 27' 59", for an arc length of 487.22
feet, chord bears N. 10 23' 13" W., 460.36 feet to a 5/8" iron rod
set for the end of curve;
THENCE N. 43° 35' 28" W., continuing along the said East line
for a distance of 443.44 feet to a 5/8" iron rod found with a plastic
cap stamped COC for the beginning of a curve to the right;
THENCE in a Northwesterly direction continuing with the said
East line along said curve to the right having a radius of 430.00
feet, a central angle of 24° 32' 07", for an arc length of 184.14
feet, chord bears N. 31° 27' 19" W., 182.73 feet to a 5/8" iron rod
found with a plastic cap stamped COC for the end of curve;
THENCE N. 19° 07' 00" W., continuing along said East line
passing at 61.03 feet a 5/8" iron rod found with a plastic cap
stamped COC for the Northeast corner of the said 1.461 acre tract,
the East corner of the City of Conroe 1.820 acre tract deed of which
is recorded under County Clerk's File Number 2012-000764,
Montgomery County Real Property Records and continuing in all along
the Easterly line of the 1.820 acre tract for a distance of 849.88
feet to a 5/8" iron rod set for4 its' North corner, the
Northwesterly corner of the herein described tract, in the North
line of the said 210.3078 acre tract, a South line of the said
410.539 acre tract;
THENCE N. 75° 03' 44" E., along the above mentioned lines for a
distance of 1,076.06 feet to the POINT OF BEGINNING and containing
in all 55.369 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
7907, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7907.106 to read as follows:
Sec. 7907.106. 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 September 1, 2015.