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  H.B. No. 3998
 
 
 
 
AN ACT
  relating to the creation of the Southeast Montgomery County
  Municipal Utility District No. 1; 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 8241 to read as follows:
  CHAPTER 8241. SOUTHEAST MONTGOMERY COUNTY MUNICIPAL UTILITY
  DISTRICT NO. 1
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8241.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Southeast Montgomery County
  Municipal Utility District No. 1.
         Sec. 8241.002.  NATURE OF DISTRICT. (a)  The district is a
  municipal utility district created under and essential to
  accomplish the purposes of Section 59, Article XVI, Texas
  Constitution.
         (b)  The district, to the extent authorized by Section
  8241.103 and Section 52, Article III, Texas Constitution, has road
  powers.
         Sec. 8241.003.  CONFIRMATION ELECTION REQUIRED. The board
  shall hold an election to confirm the creation of the district as
  provided by Section 49.102, Water Code.
         Sec. 8241.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All
  land and other property in the district will benefit from the
  improvements and services to be provided by the district.
         Sec. 8241.005.  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 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 a purpose for
  which the district is created or to pay the principal of and
  interest on the bond;
               (3)  right to impose an assessment or tax; or
               (4)  legality or operation.
  [Sections 8241.006-8241.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8241.051.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of five elected directors.
         (b)  Directors serve staggered four-year terms.
         Sec. 8241.052.  INITIAL DIRECTORS. (a) The initial board
  consists of:
               (1)  Brad J. Dubros;
               (2)  Bill E. Slezer;
               (3)  Ronnie Christian;
               (4)  Norman Stalarow; and
               (5)  Marlon Doerre.
         (b)  Unless the initial board agrees otherwise, the initial
  directors shall draw lots to determine which two shall serve until
  the first regularly scheduled election of directors and which three
  shall serve until the second regularly scheduled election of
  directors.
         (c)  This section expires September 1, 2014.
  [Sections 8241.053-8241.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8241.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8241.102.  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. 8241.103.  ROAD PROJECTS. (a) Under Section 52,
  Article III, Texas Constitution, the district may finance,
  construct, or acquire a road project as provided by this section.
         (b)  The district shall employ or contract with a licensed
  engineer to certify whether a proposed road project meets the
  criteria for a thoroughfare, arterial, or collector road of:
               (1)  a county in whose jurisdiction the proposed road
  project is located; or
               (2)  a municipality in whose corporate limits or
  extraterritorial jurisdiction the proposed road project is
  located.
         (c)  The district may finance, construct, or acquire a road
  that has been certified by the licensed engineer as a thoroughfare,
  arterial, or collector road, or any improvements in aid of the
  certified road.
         (d)  A road project must meet all applicable standards,
  regulations, ordinances, or orders of:
               (1)  each municipality in whose corporate limits or
  extraterritorial jurisdiction the road project is located; and
               (2)  each county in which the road project is located if
  the road project is not located in the corporate limits of a
  municipality.
         (e)  The district may, with the consent of the municipality
  or county, convey a completed road project to:
               (1)  a municipality in whose corporate limits or
  extraterritorial jurisdiction the road project is located; or
               (2)  a county in which the road project is located.
         Sec. 8241.104.  COMPLIANCE WITH MUNICIPAL CONSENT
  RESOLUTION. The district shall comply with all applicable
  requirements of any resolution, adopted by the governing body of a
  municipality under Section 54.016, Water Code, that consents to the
  creation of the district or to the inclusion of land in the
  district.
         Sec. 8241.105.  RECREATIONAL FACILITIES; LIMIT ON EMINENT
  DOMAIN POWER. (a) In this section, "recreational facilities" and
  "develop and maintain" have the meanings assigned by Section
  49.462, Water Code.
         (b)  The district may develop and maintain recreational
  facilities.
         (c)  The district may not, for the development or maintenance
  of a recreational facility, acquire by condemnation land, an
  easement, or other property inside or outside the district.
  [Sections 8241.106-8241.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8241.151.  ELECTIONS REGARDING TAXES OR BONDS. (a) The
  district may issue, without an election, bonds and other
  obligations secured by revenue or contract payments from a source
  other than ad valorem taxation.
         (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 district voters voting at an
  election held for that purpose.
         Sec. 8241.152.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized at an election held under Section 8241.151, the district
  may impose an operation and maintenance tax on taxable property in
  the district as provided by Chapter 49.107, Water Code.
         (b)  The board shall determine the tax rate. The rate may not
  exceed the rate approved at the election.
  [Sections 8241.153-8241.200 reserved for expansion]
  SUBCHAPTER E. BONDS
         Sec.  8241.201.  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, grants, or other district money, or any combination of
  those sources, to pay for any authorized district purpose.
         Sec. 8241.202.  BONDS FOR ROAD PROJECTS. At the time of
  issuance, the total principal amount of a bond, note, or other
  obligation issued or incurred to finance a road project may not
  exceed one-fourth of the assessed value of real property in the
  district according to the most recent certified tax appraisal roll
  for Montgomery County.
         Sec. 8241.203.  BONDS FOR RECREATIONAL FACILITIES. If
  authorized at an election under Section 8241.151, the district may
  issue bonds payable from ad valorem taxes to pay for the development
  and maintenance of recreational facilities.
         Sec. 8241.204.  TAXES FOR BONDS AND OTHER OBLIGATIONS. At
  the time bonds or other obligations payable wholly or partly from ad
  valorem taxes are issued:
               (1)  the board shall impose a continuing direct annual
  ad valorem tax, without limit as to rate or amount, for each year
  that all or part of the bonds are outstanding; and
               (2)  the district annually shall impose an ad valorem
  tax on all taxable property in the district in an amount sufficient
  to:
                     (A)  pay the interest on the bonds or other
  obligations as the interest becomes due;
                     (B)  create a sinking fund for the payment of the
  principal of the bonds or other obligations when due or the
  redemption price at any earlier required redemption date; and
                     (C)  pay the expenses of imposing the taxes.
         SECTION 2.  The Southeast Montgomery County Municipal
  Utility District No. 1 initially includes all the territory
  contained in the following area:
  BEING 314.951 ACRES OF LAND IN THE AUGUSTUS V. SHARP SURVEY, A-481,
  THE P. HUNTER SURVEY, A-273, MONTGOMERY COUNTY, TEXAS, SAID 314.951
  ACRES BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS:
  BEGINNING at a 1/2" iron rod found for the Northwest corner of the
  Mark W. Martin, Trustee 120.00 acre tract of land deed of which is
  recorded under County Clerk's File Number 2005-044315, Montgomery
  County Real Property Records, in the South line of the Mark W.
  Martin and Tom Martin 107.212 acre tract of land deed of which is
  recorded under County Clerk's File Number 2006-051346, Montgomery
  County Real Property Records;
  THENCE N. 86° 55' 02" E., along the North line of the 120.00 acre
  tract, the South line of the 107.212 acre tract for a distance of
  1,672.66 feet to a 3/4" iron pipe found for the Southeast corner of
  the 107.212 acre tract, the Northeast corner of the said 120.00 acre
  tract;
  THENCE N. 02° 55' 11" W., along the East line of the 107.212 acre
  tract passing at 1,226.85 feet a 3/4" iron pipe found for reference
  and continuing in all for a distance of 1,229.30 feet to the Lower
  Northeast corner of the 107.212 acre tract, the Northwest corner of
  the herein described tract, in the centerline of White Oak Creek;
  THENCE along said centerline generally in a Southerly direction as
  follows;
  1. S. 52° 24' 16" E., 68.57 feet,
  2. S. 49° 07' 11" E., 13.18 feet,
  3. S. 77° 41' 34" E., 11.30 feet,
  4. S. 66° 29' 25" E., 21.81 feet,
  5. S. 07° 28' 04" E., 14.97 feet,
  6. S. 15° 05' 07" E., 22.51 feet,
  7. S. 31° 49' 21" E., 16.59 feet,
  8. S. 62° 45' 08" E., 19.74 feet,
  9. S. 36° 28' 44" E., 34.33 feet,
  10. S. 54° 19' 16" E., 16.56 feet,
  11. S. 47° 39' 18" E., 41.25 feet,
  12. S. 57° 32' 35" E., 19.76 feet,
  13. N. 84° 15' 11" E., 18.30 feet,
  14. S. 38° 26' 55" E., 56.62 feet,
  15. S. 84° 42' 06" E., 38.91 feet,
  16. S. 38° 56' 56" E., 62.83 feet,
  17. S. 04° 28' 48" W., 21.41 feet,
  18. S. 44° 05' 05" E., 35.05 feet,
  19. S. 08° 32' 56" E., 32.48 feet,
  20. S. 86° 52' 35" W., 22.61 feet,
  21. S. 21° 47' 29" E., 24.21 feet,
  22. S. 37° 21' 20" E., 19.50 feet,
  23. S. 48° 31' 17" E., 66.39 feet,
  24. S. 56° 54' 01" E., 37.31 feet,
  25. S. 56° 22' 48" E., 37.35 feet,
  26. S. 54° 40' 56" E., 99.58 feet,
  27. S. 52° 23' 53" E., 91.94 feet,
  28. S. 48°08' 24" E., 74.36 feet,
  29. S. 86° 48' 40" E., 25.06 feet,
  30. S. 51° 09' 25" E., 28.28 feet,
  31. S. 45° 39' 42" E., 36.95 feet,
  32. S. 36° 31' 54" E., 38.73 feet,
  33. S. 60° 40' 24" E., 55.81 feet,
  34. S. 34° 08' 12" E., 19.90 feet,
  35. S. 27° 22' 32" E., 59.72 feet,
  36. S. 72° 15' 28" E., 39.29 feet,
  37. S. 62° 15' 55" E., 55.06 feet,
  38. S. 46° 19' 59" E., 54.06 feet,
  39. N. 89° 43' 40" E., 25.74 feet,
  40. S. 48° 23' 01" E., 24.31 feet,
  41. S. 46° 16' 06" E., 21.83 feet,
  42. S. 44° 21' 16" E., 37.11 feet to the Northeast corner of the
  herein described tract, same being the Northwest corner of the Mark
  W. Martin 48.580 acre tract of land deed of which is recorded under
  County Clerk's File Number 2001-059696, Montgomery County Real
  Property Records;
  THENCE S. 02° 45' 34" E., leaving said centerline along the West line
  of the 48.580 acre tract for a distance of 4,039.22 feet to a 1/2"
  iron rod found for its Southwest corner, the Southeast corner of the
  herein described tract, in the North line of Timberland Estates
  Section 2, a Subdivision, map of which is recorded in Cabinet J,
  Sheet 30, Montgomery County Map Records
  THENCE S. 87° 14' 26" W., along the North line of Timberland Estates,
  Section 2 for a distance of 3,643.40 feet to a 5/8" iron rod found
  for the Northwest corner of Timberland Estates, Section 2, the
  Southeast corner of the Mark W. Martin, Trustee and Tom A. Martin,
  Trustee 44.762 acre tract of land deed of which is recorded under
  County Clerk's File Number 2004-066018, Montgomery County Real
  Property Records, same being the Northeast corner of the Mark W.
  Martin, Trustee and Tom A. Martin, Trustee 24.393 acre tract of land
  deed of which is recorded under County Clerk's File Number
  2004-066018, Montgomery County Real Property Records;
  THENCE S. 48° 47' 01" W., along the Southeast line of the 24.393 acre
  tract, the Northwest line of Timberland Estates, Section 2 passing
  at 6.54 feet a 1/2" iron rod found for the Lower Northwest corner of
  said Section 2, the Northeast corner of Timberland Estates, Section
  1, a Subdivision, map of which is recorded in Cabinet I, Sheet 10,
  Montgomery County Map Records and continuing in all for a distance
  of 2,154.65 feet to a 1/2" iron rod found for the South corner of the
  24.393 acre tract, the South corner of the herein described tract;
  THENCE N. 41° 14' 24" W., along the west line of the 24.393 acre
  tract for a distance of 586.94 feet to a 5/8" iron rod found for
  corner;
  THENCE N. 48° 47' 01" E., for a distance of 420.42 feet to a 5/8" iron
  rod found for corner;
  THENCE N. 08° 35' 37" E., for a distance of 78.52 feet to a 5/8" iron
  rod found for corner;
  THENCE N. 48° 45' 36" E., for a distance of 120.00 feet to a 5/8" iron
  rod set for corner;
  THENCE S. 41° 14' 24" E., for a distance of 339.73 feet to a 5/8" iron
  rod found for corner;
  THENCE N. 48° 42' 03" E., for a distance of 290.00 feet to a 5/8" iron
  rod found for corner;
  THENCE N. 41° 14' 24" W., for a distance of 682.83 feet to a 5/8" iron
  rod found for corner;
  THENCE S. 87° 17' 38" W., for a distance of 230.30 feet to a 5/8" iron
  rod found for the beginning of a curve to the left;
  THENCE in a Southwesterly direction along said curve to the left
  having a radius of 368.62 feet, a central angle of 25° 22' 17" for an
  arc length of 163.23 feet, chord bears S. 74° 36' 30" W., 161.90 feet
  to a 5/8" iron rod found for the end of curve;
  THENCE S. 61° 43' 41" W., for a distance of 32.46 feet to a 5/8" iron
  rod found for corner;
  THENCE in a Northwesterly direction along a curve to the right
  having a radius of 330.00 feet, a central angle of 03° 02' 07" for an
  arc length of 17.48 feet, chord bears N. 32° 51' 56" W., 17.48 feet
  to a 5/8" iron rod found for the end of curve;
  THENCE N. 34° 22' 58" W., for a distance of 50.00 feet to a 5/8" iron
  rod found for corner;
  THENCE in a Northwesterly direction along a curve to the right
  having a radius of 570.00 feet, passing at 18.91 feet a 5/8" iron
  rod found for the Southeast corner of Cumberland Crossing, Section
  1, a Subdivision, map of which is recorded in Cabinet X, Sheet 155,
  Montgomery County Map Records, same being the Southeast corner of
  Horseshoe Drive and continuing in all for an arc length of 58.64
  feet, a central angle of 05° 53' 40" chord bears N. 31° 26' 19" W.,
  58.61 feet to a 5/8" iron rod found for the end of curve;
  THENCE N. 28° 29' 17" W., continuing along the East line of Horseshoe
  Drive for a distance of 60.30 feet to a 5/8" iron rod found for the
  beginning of a curve to the right;
  THENCE in a Northeasterly direction continuing with the East line
  of Horseshoe drive along said curve to the right having a radius of
  20.00 feet, a central angle of 90° 00' 00" for an arc length of 31.42
  feet, chord bears N. 16° 30' 43" E., 28.28 feet to a 5/8" iron rod
  found for the end of curve, at the Southeast corner of Painted
  Boulevard, ( 60' );
  THENCE N. 61° 30' 43" E., for a distance of 21.41 feet to a 5/8" iron
  rod found for the beginning of a curve to the right;
  THENCE in a Northeasterly direction along said curve to the right
  having a radius of 570.00 feet, a central angle of 25° 46' 55" for an
  arc length of 256.49 feet, chord bears N. 74° 24' 11" E., 254.33 feet
  to a 5/8" iron rod found for the end of curve;
  THENCE N. 87° 17' 38" E., for a distance of 716.03 feet to a 5/8" iron
  rod found for corner;
  THENCE N. 02° 42' 22" W., for a distance of 490.46 feet to a 5/8" iron
  rod found for corner, in the North line of the said 44.762 acre
  tract, the South line of the Alfredo F. Manuel Jr; and wife Maria C.
  Manuel 230.00 acre tract of land deed of which is recorded under
  County Clerk's File Number 9467115, Montgomery County Real Property
  Records;
  THENCE N. 86° 55' 27" E., along the above mentioned lines for a
  distance of 2.060.78 feet to a 1/2" iron rod found for the Southwest
  corner of the said 120.00 acre tract;
  THENCE N. 02° 55' 13" W., along the West line of the 120.00 acre
  tract for a distance of 3,125.33 feet to the POINT OF BEGINNING and
  containing in all 314.951 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 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, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3998 was passed by the House on May 9,
  2007, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3998 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor