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S.B. No. 884
AN ACT
relating to the creation of the East Montgomery County Municipal
Utility District No. 9; providing authority to impose a tax and
issue bonds; granting the power of eminent domain.
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 8113 to read as follows:
CHAPTER 8113. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
NO. 9
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8113.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the East Montgomery County
Municipal Utility District No. 9.
Sec. 8113.002. NATURE OF DISTRICT. The district is a
municipal utility district in Montgomery County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution.
Sec. 8113.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8113.023 before September 1, 2010:
(1) the district is dissolved September 1, 2010,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Montgomery County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2013.
Sec. 8113.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating 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:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes;
(3) the validity of the district's bonds, notes, or
indebtedness; or
(4) the legality or operation of the district or the
board.
Sec. 8113.005. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapters 49 and 54, Water Code,
apply to the district.
[Sections 8113.006-8113.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8113.021. TEMPORARY DIRECTORS. (a) On or after
September 1, 2005, a person who owns land in the district may submit
a petition to the Texas Commission on Environmental Quality
requesting that the commission appoint as temporary directors the
five persons named in the petition.
(b) The Texas Commission on Environmental Quality shall
appoint as temporary directors the five persons named in the first
petition received by the commission under Subsection (a).
(c) If a temporary director fails to qualify for office or
if a vacancy occurs in the office of temporary director, the vacancy
shall be filled as provided by Section 49.105, Water Code.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
8113.023; or
(2) the date this chapter expires under Section
8113.003.
Sec. 8113.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, the
temporary directors shall meet at a location in the district
agreeable to a majority of the directors. If a location cannot be
agreed upon, the meeting shall be at the Montgomery County
Courthouse. At the meeting, the temporary directors shall elect
officers from among the temporary directors and conduct any other
district business.
Sec. 8113.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a) The temporary directors shall hold an election to
confirm the creation of the district and to elect five directors as
provided by Section 49.102, Water Code.
(b) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held under this
section.
Sec. 8113.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8113.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8113.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8113.025. FIRST REGULARLY SCHEDULED ELECTION OF
DIRECTORS. The board by order may postpone the first election under
Section 8113.052 following the confirmation and directors'
election held under Section 8113.023 if:
(1) the election would otherwise occur not later than
the 60th day after the date on which the confirmation election is
held; or
(2) the board determines that there is not sufficient
time to comply with the requirements of law and to order the
election.
Sec. 8113.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2013.
[Sections 8113.027-8113.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8113.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8113.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8113.053-8113.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8113.101. UTILITIES. The district may not impose an
impact fee or assessment on the property, equipment, rights-of-way,
facilities, or improvements of:
(1) an electric utility as defined by Section 31.002,
Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a cable operator as defined by 47 U.S.C. Section
522, as amended.
Sec. 8113.102. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
54.016, Water Code, the district shall comply with all applicable
requirements of any ordinance or resolution adopted by a
municipality in the corporate limits or extraterritorial
jurisdiction of which the district is located, including an
ordinance or resolution adopted before September 1, 2005, that
consents to the creation of the district or to the inclusion of
lands within the district.
SECTION 2. The East Montgomery County Municipal Utility
District No. 9 initially includes all the territory contained in
the following area:
Being a 400.0 acre tract of land located in the Walker County School
Land Survey, A-494, Montgomery County, Texas; said 400.0 acre tract
being out of a 1,778.551 acre tract of land recorded in Clerk's File
Number 2003-155376 of the Official Public Records of Real Property
of Montgomery County, Texas; said 400.0 acre tract being more
particularly described by metes and bounds as follows (all bearings
are referenced to the south line of said call 1,778.551 acre tract):
Beginning at the southwest corner of said 1,778.551 acre tract,
same being on the northeasterly right-of-way line of State Highway
242 (right-of-way width varies) recorded in Clerk's File Number
9050364 of the Official Public Records of Real Property of
Montgomery County, Texas, same being on the south line of said
Walker County School Land Survey, A-494 and the north line of the
George Scott Survey, A-524;
Thence, with the southwesterly line of said 1,778.551 acre tract
and said northeasterly right-of-way line, the following seven (7)
courses and distances:
(a) North 26 degrees 22 minutes 13 seconds West, a distance
of 497.30 feet;
(b) North 24 degrees 42 minutes 17 seconds West, a distance
of 688.11 feet;
(c) North 28 degrees 46 minutes 57 seconds West, a distance
of 712.81 feet;
(d) North 22 degrees 14 minutes 51 seconds West, a distance
of 455.75 feet;
(e) North 30 degrees 11 minutes 52 seconds West, a distance
of 207.60 feet;
(f) North 37 degrees 22 minutes 38 seconds West, a distance
of 362.70 feet;
(g) 942.12 feet along the arc of a curve to the left, said
curve having a central angle of 15 degrees 57 minutes 04
seconds, a radius of 3,384.05 feet and a chord that
bears North 46 degrees 02 minutes 54 seconds West, a
distance of 939.08 feet to the most westerly corner of
aforesaid 1,778.551 acre tract and most southerly
southeast corner of a 1,092.131 acre tract of land
recorded in Clerk's File Number 2004-000027 of the
Official Public Records of Real Property of Montgomery
County, Texas;
Thence, with the northwest line of said 1,778.551 acre tract and
southeast line of said 1,092.131 acre tract, North 49 degrees 35
minutes 48 seconds East, a distance of 5,342.97 feet;
Thence, crossing said 1,778.551 acre tract, South 03 degrees 01
minutes 57 seconds East, a distance of 6,582.29 feet to the south
line of said 1,778.551 acre tract, same being on the south line of
aforesaid Walker County School Land Survey, A-494 and north line of
aforesaid George Scott Survey, A-524;
Thence, with the south line of said 1,778.551 acre tract, south line
of said Walker County School Land Survey, A-494, and north line of
said George Scott Survey, A-524, South 86 degrees 58 minutes 03
seconds West, a distance of 2,395.34 feet to the Point of Beginning
and containing within these calls 400.0 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. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 884 passed the Senate on
April 14, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 884 passed the House on
May 20, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor