S.B. No. 887




AN ACT
relating to the creation of the East Montgomery County Municipal Utility District No. 12; 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 8116 to read as follows:
CHAPTER 8116. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 12
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8116.001. 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. 12. Sec. 8116.002. 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. 8116.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8116.023 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. 8116.004. 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. 8116.005. APPLICABILITY OF OTHER LAW. Except as otherwise provided by this chapter, Chapters 49 and 54, Water Code, apply to the district.
[Sections 8116.006-8116.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8116.021. 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 8116.023; or (2) the date this chapter expires under Section 8116.003. Sec. 8116.022. 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. 8116.023. 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. 8116.024. INITIAL ELECTED DIRECTORS; TERMS. The directors elected under Section 8116.023 shall draw lots to determine which two shall serve until the first regularly scheduled election of directors under Section 8116.052 and which three shall serve until the second regularly scheduled election of directors. Sec. 8116.025. FIRST REGULARLY SCHEDULED ELECTION OF DIRECTORS. The board by order may postpone the first election under Section 8116.052 following the confirmation and directors' election held under Section 8116.023 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. 8116.026. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2013.
[Sections 8116.027-8116.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8116.051. DIRECTORS; TERMS. (a) The district is governed by a board of five directors. (b) Directors serve staggered four-year terms. Sec. 8116.052. ELECTION OF DIRECTORS. On the uniform election date in May of each even-numbered year, the appropriate number of directors shall be elected.
[Sections 8116.053-8116.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8116.101. 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. 8116.102. 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. 12 initially includes all the territory contained in the following area: Being a 567.8 acre tract of land located in the Walker County School Land Survey, A-494, Montgomery County, Texas; said 567.8 acre tract being out of a 1092.131 acre tract of land recorded in Clerk's File Number 2004-000027 of the Official Public Records of Real Property of Montgomery County, Texas; said 567.8 acre tract being more particularly described by metes and bounds as follows (all bearings are referenced to the west line of said 1092.131 acre tract): Beginning at the southwest corner of said 1092.131 acre tract, same being on the northerly 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 west line of said Walker County School Land Survey, A-494 and the east line of the Beasley Prewitt Survey, A-419; Thence, with the west line of said 1092.131 acre tract, the west line of said Walker County School Land Survey, A-494, and east line of said Beasley Prewitt Survey, A-419, North 03 degrees 07 minutes 40 seconds West, a distance of 6367.46 feet to the most westerly northwest corner of said 1092.131 acre tract, same being on the south right-of-way line of Kensington Oaks Drive, a 40-foot wide roadway easement recorded in Clerk's File No.126432 of the Deed Records of Montgomery County, Texas; Thence, with the north line of said 1092.131 acre tract and said south right-of-way line, North 87 degrees 07 minutes 04 seconds East, a distance of 934.09 feet to an exterior corner of said 1092.131 acre tract; Thence, with an interior line of said 1092.131 acre tract, South 03 degrees 19 minutes 51 seconds East, a distance of 1352.63 feet to an interior corner of said 1092.131 acre tract; Thence, with an interior line of said call 1092.131 acre tract, North 87 degrees 10 minutes 59 seconds East, a distance of 1608.00 feet to an interior corner of said 1092.131 acre tract; Thence, crossing said 1092.131 acre tract, the following two (2) courses and distances: (a) South 75 degrees 31 minutes 39 seconds East, a distance of 2308.27 feet; (b) South 03 degrees 06 minutes 28 seconds East, a distance of 3663.06 feet to the southeast line of aforesaid call 1092.131 acre tract; Thence, with said southeast line, South 49 degrees 35 minutes 48 seconds West, a distance of 2260.22 to the northerly right-of-way line of aforesaid State Highway 242, same being the southerly line of said 1092.131 acre tract; Thence, with said right-of-way line and said southerly line, the following seven (7) courses: (a) 246.52 feet along the arc of a curve to the left, said curve having a central angle of 04 degrees 10 minutes 26 seconds, a radius of 3384.04 feet and a chord that bears North 56 degrees 06 minutes 39 seconds West, a distance of 246.47 feet; (b) North 60 degrees 18 minutes 59 seconds West, a distance of 413.90 feet; (c) 881.11 feet along the arc of a curve to the left, said curve having a central angle of 14 degrees 52 minutes 27 seconds, a radius of 3394.04 feet and a chord that bears North 72 degrees 38 minutes 05 seconds West, a distance of 878.63 feet; (d) North 82 degrees 52 minutes 57 seconds West, a distance of 414.74 feet; (e) 426.04 feet along the arc of a curve to the left, said curve having a central angle of 07 degrees 10 minutes 54 seconds, a radius of 3399.04 feet and a chord that bears South 89 degrees 20 minutes 14 seconds West, a distance of 425.77 feet; (f) North 89 degrees 19 minutes 13 seconds West, a distance of 290.70 feet; (g) South 78 degrees 54 minutes 13 seconds West, a distance of 460.45 feet to the Point of Beginning and containing 567.8 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. 887 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. 887 passed the House on May 20, 2005, by a non-record vote. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor