S.B. No. 1967
 
 
 
 
AN ACT
  relating to the creation of the Montgomery County Municipal Utility
  District No. 124; 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 8232 to read as follows:
  CHAPTER 8232. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 124
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8232.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Montgomery County Municipal
  Utility District No. 124.
         Sec. 8232.002.  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
  8232.103 and Section 52, Article III, Texas Constitution, has road
  powers.
         Sec. 8232.003.  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. 8232.004.  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. 8232.005.  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 8232.006-8232.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8232.051.  GOVERNING BODY; TERMS. (a)  The district is
  governed by a board of five elected directors.
         (b)  Directors serve staggered four-year terms.
         Sec. 8232.052.  INITIAL DIRECTORS. (a)  The initial board
  consists of:
               (1)  Richard Brent;
               (2)  Tom Martin;
               (3)  Larry Calhoun;
               (4)  Mary Daily; and
               (5)  Bill Crowl.
         (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 8232.053-8232.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8232.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8232.102.  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. 8232.103.  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 is located in the district and 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. 8232.104.  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. 8232.105.  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 8232.106-8232.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8232.151.  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. 8232.152.  OPERATION AND MAINTENANCE TAX. (a)  If
  authorized at an election held under Section 8232.151, 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 8232.153-8232.200 reserved for expansion]
  SUBCHAPTER E. BONDS
         Sec. 8232.201.  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. 8232.202.  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. 8232.203.  BONDS FOR RECREATIONAL FACILITIES. If
  authorized at an election under Section 8232.151, the district may
  issue bonds payable from ad valorem taxes to pay for the development
  and maintenance of recreational facilities.
         Sec. 8232.204.  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 Montgomery County Municipal Utility District
  No. 124 initially includes all the territory contained in the
  following area:
  TRACT 1:
  BEING 295.750 ACRES OF LAND IN THE ELIJAH COLLARD SURVEY, A-7,
  MONTGOMERY COUNTY, TEXAS, SAID 295.750 ACRES BEING OUT OF THE RCR
  VENTURES, LTD; 294.888 ACRE TRACT OF LAND DEED OF WHICH IS RECORDED
  UNDER COUNTY CLERK'S FILE NUMBER 2000-034156, MONTGOMERY COUNTY
  REAL PROPERTY RECORDS, AND BEING OUT OF THE TWO DEAL LIMITED
  PARTNERSHIP 87.555 ACRE TRACT OF LAND DEED OF WHICH IS RECORDED
  UNDER COUNTY CLERK'S FILE NUMBER 2005-041607, MONTGOMERY COUNTY
  REAL PROPERTY RECORDS, SAID 295.750 ACRES BEING DESCRIBED MORE
  PARTICULARLY AS FOLLOWS:
  BEGINNING at a 5/8" iron rod found for the Southeast corner of the
  herein described
  tract, the Southeast corner of the said 294.888 acre tract, the
  Northeast corner of the Roberta Roberts 2 acre tract of land deed of
  which is recorded in Volume 447, Page 208, Montgomery County Deed
  Records;
  THENCE N. 74° 54' 18" W., passing at 269.50 feet a 1-1/2" iron rod
  found for Robert's apparent Northwest corner, passing at 583.00
  feet and 1.0 foot South a chain link fence post found for a
  reference corner to the Lee Howell and wife Markey Jean Howell 1.18
  acre tract of land deed of which is recorded under County Clerk's
  File Number 8247429, Montgomery County Real Property Records,
  passing at 1,514.18 a 3/8" iron rod found for the apparent West
  corner of the Lindsey Howell and Amber Howell 2.430 acre tract of
  land deed of which is recorded under County Clerk's File Number
  9526142, Montgomery County Real Property Records, from whence a
  concrete monument found for the called for Northeast corner of the
  Diana L. Stegman 5.195 acre tract deed of which is recorded under
  County Clerk's File Number 2002-072484, Montgomery County Real
  Property Records bears N. 53° 13' 37" E., 0.88 feet, passing at
  1,616.14 feet and 0.69 feet North a 3/4" iron pipe found for
  Stegman's called for Northwest corner, same being the apparent
  Northeast corner of the Robert Bennett, Trustee 6.25 acre tract of
  land deed of which is recorded under County Clerk's File Number
  9454162, Montgomery County Real Property Records, passing at
  2,018.70 feet and 2.09 feet North a 1-1/2" iron pipe found for
  Bennett's apparent Northwest corner, the apparent Northeast corner
  of the Edward M. Gurney and wife Darlene J. Gurney 1.0 acre tract of
  land deed of which is recorded under County Clerk's File Number
  2000-014476, Montgomery County Real Property Records, passing at
  2,226.51 feet and 0.42 feet South a 6" x 8" concrete monument found
  for the apparent Northwest corner of the said Gurney 1.0 acre tract,
  same being the apparent Lower Northeast corner of the Howard
  Russell and wife Velma W. Russell tract of land deed of which is
  recorded in Volume 482, Page 152, Montgomery County Deed Records
  and continuing in all for a distance of 2,598.79 feet to a 2" iron
  pipe found at a x-tie;
  THENCE N. 15° 19' 51" E., along an inside line of the said Russell
  tract for a distance of 183.63 feet to a 2" iron pipe found at a 6"
  fence corner post for Russell's apparent Northeast corner;
  THENCE N. 75° 36' 27" W., along Russell's apparent North line for a
  distance of 717.44 feet to a ½" iron rod set at a x-tie for the
  Southwest corner of the herein described tract, in the Northeast
  occupied line of Longmire Road;
  THENCE N. 33° 52' 54" W., along the Northeast line of Longmire Road
  for a distance of 1,314.11 feet to a 5/8" iron rod found for the most
  Westerly corner of the said 294.888 acre tract, the most Westerly
  corner of the herein described tract;
  THENCE N. 16° 21' 27" E., leaving the Northeast line of Longmire Road
  for a distance of 53.76 feet to a 2" iron pipe found at a x-tie;
  THENCE N. 00° 12' 21" E., for a distance of 18.08 feet to a 6" cedar
  post found for corner;
  THENCE N. 52° 16' 24" E., for a distance of 1,064.97 feet to a 2" iron
  pipe found for corner;
  THENCE N. 31° 54' 52" E., for a distance of 1,114.95 feet to a ½" iron
  rod found for the most Westerly corner of the R. Kyle Reneau and
  wife Beth C. Reneau 45.000 acre tract of land deed of which is
  recorded under County Clerk's File Number 2005-050053, Montgomery
  County Real Property Records;
  THENCE S. 64° 34' 05" E., along Reneau's South line, across the
  294.888 acre tract for a distance of 2,126.16 feet to a ½" iron rod
  found with a cap stamped Moon RPLS 4639, for his Southeast corner,
  in the West line of the Two Deal Limited Partnership 87.555 acre
  tract of land deed of which is recorded under County Clerk's File
  Number 2005-041607, Montgomery County Real Property Records, same
  being an inside line of the said 294.888 acre tract;
  THENCE N. 14° 59' 51" E., along the West line of the said 87.555 acre
  tract, an inside line of the 294.888 acre tract, Reneau's East line,
  passing at 999.52 feet a ½" iron rod found for Reneau's Northeast
  corner, the Southeast corner of the R. Kyle Reneau and Beth C.
  Reneau 22.000 acre tract of land deed of which is recorded under
  County Clerk's File Number 2004-036473, Montgomery County Real
  Property Records and continuing in all for a distance of 2,251.62
  feet to a 3" x 3" concrete monument found for the Northwest corner
  of the 87.555 acre tract, an inside corner of the 294.888 acre
  tract, the Southwest corner of the Ronald Rod 17.502 acre tract of
  land deed of which is recorded under County Clerk's File Number
  2004-118267, Montgomery County Real Property Records;
  THENCE S. 74° 58' 39" E., along the North line of the 87.555 acre
  tract, a Lower North line of the 294.888 acre tract, Rod's South
  line for a distance of 1,087.04 feet to a ½" iron rod found in the
  West line of Old Conroe-Willis Road, ( Cab. Y, Sht. 163, M.C.M.R. )
  for the Northeast corner of the herein described tract
  THENCE in a Southwesterly direction with the West line of Old
  Conroe-Willis Road along a curve to the left having a radius of
  1,330.00 feet, a central angle of 11° 01' 53, for an arc length of
  256.07 feet, chord bears S. 16° 14' 24" W., 255.68 feet to a ½" iron
  rod set for the end of curve;
  THENCE S. 10° 43' 28" W., continuing along said West line for a
  distance of 193.61 feet to a ½" iron rod set;
  THENCE S. 07° 13' 37" W., continuing along said West line for a
  distance of 291.97 feet to a ½" iron rod set for the beginning of a
  curve to the right;
  THENCE continuing with said West line, along said curve to the right
  having a radius of 4,970.00 feet, a central angle of 03° 26' 48" for
  an arc length of 298.97 feet, chord bears S. 08° 57' 00" W., 298.93
  feet to a ½" iron rod set for the end of curve;
  THENCE S. 10° 40' 24" W., continuing with said West line for a
  distance of 200.32 feet to a ½" iron rod set;
  THENCE S. 08° 51' 30" W., continuing with said West line for a
  distance of 202.97 feet to a ½" iron rod set for the beginning of a
  curve to the right;
  THENCE continuing with said West line, along said curve to the right
  having a radius of 1,470.00 feet, a central angle of 06° 57' 56" for
  an arc length of 178.71 feet, chord bears S. 12° 20' 28" W., 178.60
  feet to a ½" iron rod set for the end of curve;
  THENCE S. 15° 49' 25" W., continuing with said West line for a
  distance of 1,031.43 feet to a ½" iron rod set;
  THENCE S. 13° 16' 09" W., continuing with said West line for a
  distance of 348.05 feet to a ½" iron rod set;
  THENCE S. 14° 22' 25" W., continuing with said West line for a
  distance of 177.43 feet to a ½" iron rod set in the South line of the
  said 87.555 acre tract;
  THENCE S. 75° 02' 09" E., for a distance of 66.96 feet to a 3" x 3"
  concrete monument found for the Lower Northeast corner of the said
  294.888 acre tract, the Southeast corner of the Foster Timber Ltd;
  5.673 acre tract of land deed of which is recorded under County
  Clerk's File Number 2004-117093, Montgomery County Real Property
  Records;
  THENCE S. 15° 56' 43" W., along the most Easterly line of the 294.888
  acre tract for a distance of 1,724.57 feet to the POINT OF BEGINNING
  and containing in all 295.750 acres of land.
  TRACT 2:
  BEING 34.868 ACRES OF LAND IN THE ELIJAH COLLARD SURVEY, A-7,
  MONTGOMERY COUNTY, TEXAS, SAID 34.868 ACRES BEING THE SAME TRACT OF
  LAND AS CONVEYED TO RCR VENTURES, LTD; DEED OF WHICH IS RECORDED
  UNDER COUNTY CLERK'S FILE NUMBER 2000-034156, MONTGOMERY COUNTY
  REAL PROPERTY RECORDS, SAID 34.868 ACRES BEING DESCRIBED MORE
  PARTICULARLY AS FOLLOWS:
  BEGINNING at a ½" iron pipe found in the North line of
  Willis-Montgomery Road, (60' Vol. 197, Pg. 417, M.C.D.R. ) for the
  Southwest corner of the herein described tract;
  THENCE N. 15° 00' 04" W., leaving the North line of
  Willis-Montgomery Road, passing at 9.76 feet a 1" galvanized iron
  pipe found at a 4" iron post, said 1" galvanized iron pipe being the
  Southeast corner of the Newton B. Derby and wife Violet W. Derby
  80.650 acre tract of land deed of which is recorded under County
  Clerk's File Number 9025433, Montgomery County Real Property
  Records and continuing in all along Derby's East line for a distance
  of 281.40 feet to a 1" iron bar found for corner at a 4" iron post,
  from whence a deed call 18" dead Pine tree bears S. 86° E., 10.8
  feet, a 26" White Oak bears N. 35° 40' E., 29.5 feet;
  THENCE N. 15° 13' 25" E., continuing along Derby's East line for a
  distance of 1,366.12 feet to a 5/8" iron rod found at a 4" iron post
  for his Northeast corner, the Northwest corner of the herein
  described tract, in the South line of Farm to Market Highway No.
  830, ( Vol. 677, Pg. 98, M.C.D.R. );
  THENCE S. 75° 38' 36" E., along the South line of F. M. 830 for a
  distance of 136.56 feet to a 3" x 3 " concrete monument found for the
  beginning of a curve to the right;
  THENCE in a Southeasterly direction continuing with the South line
  of F. M. 830, along said curve to the right having a radius of
  5,669.65 feet, a central angle of 15° 10' 58" for an arc length of
  1,502.41 feet, chord bears S. 58° 21' 09" E., 1,498.02 feet to a 3" x
  3" concrete monument found for the Northeast corner of the herein
  described tract;
  THENCE S. 15° 57' 19" W., for a distance of 149.45 feet to a 3" x 3"
  concrete monument found in the North line of Willis-Montgomery Road
  for the Southeast corner of the herein described tract;
  THENCE S. 69° 14' 15" W., along the North line of Willis-Montgomery
  Road for a distance of 1,767.12 feet to the POINT OF BEGINNING and
  containing in all 34.868 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 hereby certify that S.B. No. 1967 passed the Senate on
  April 26, 2007, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1967 passed the House on
  May 17, 2007, by the following vote:  Yeas 143, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor