Texas 2009 - 81st Regular

Texas House Bill HB4716 Compare Versions

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1	1	81R6267 HLT-F
2	2	By: Creighton H.B. No. 4716
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Harris County Municipal Utility
8	8	District No. 525; providing authority to impose a tax and issue
9	9	bonds; granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8326 to read as follows:
13	13	CHAPTER 8326. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 525
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8326.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Harris County Municipal
19	19	Utility District No. 525.
20	20	Sec. 8326.002. NATURE OF DISTRICT. The district is a
21	21	municipal utility district created under Section 59, Article XVI,
22	22	Texas Constitution.
23	23	Sec. 8326.003. CONFIRMATION AND DIRECTORS' ELECTION
24	24	REQUIRED. The temporary directors shall hold an election to
25	25	confirm the creation of the district and to elect five permanent
26	26	directors as provided by Section 49.102, Water Code.
27	27	Sec. 8326.004. CONSENT OF MUNICIPALITY REQUIRED. The
28	28	temporary directors may not hold an election under Section 8326.003
29	29	until each municipality in whose corporate limits or
30	30	extraterritorial jurisdiction the district is located has
31	31	consented by ordinance or resolution to the creation of the
32	32	district and to the inclusion of land in the district.
33	33	Sec. 8326.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
34	34	The district is created to serve a public purpose and benefit.
35	35	(b) The district is created to accomplish the purposes of:
36	36	(1) a municipal utility district as provided by
37	37	general law and Section 59, Article XVI, Texas Constitution; and
38	38	(2) Section 52, Article III, Texas Constitution, that
39	39	relate to the construction, acquisition, or improvement of
40	40	macadamized, graveled, or paved roads described by Section 54.234,
41	41	Water Code, or improvements, including storm drainage, in aid of
42	42	those roads.
43	43	Sec. 8326.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act creating this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act creating this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	[Sections 8326.007-8326.050 reserved for expansion]
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8326.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 8326.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8326.052. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act creating this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the Texas Commission on
66	66	Environmental Quality requesting that the commission appoint as
67	67	temporary directors the five persons named in the petition. The
68	68	commission shall appoint as temporary directors the five persons
69	69	named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8326.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act creating this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8326.003 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8326.003; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	[Sections 8326.053-8326.100 reserved for expansion]
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 8326.101. GENERAL POWERS AND DUTIES. The district has
94	94	the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 8326.102. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 8326.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
102	102	Section 52, Article III, Texas Constitution, the district may
103	103	design, acquire, construct, finance, issue bonds for, improve, and
104	104	convey to this state, a county, or a municipality for operation and
105	105	maintenance macadamized, graveled, or paved roads described by
106	106	Section 54.234, Water Code, or improvements, including storm
107	107	drainage, in aid of those roads.
108	108	(b) The district may exercise the powers provided by this
109	109	section without submitting a petition to or obtaining approval from
110	110	the Texas Commission on Environmental Quality as required by
111	111	Section 54.234, Water Code.
112	112	Sec. 8326.104. APPROVAL OF ROAD PROJECT. (a) The district
113	113	may not undertake a road project authorized by Section 8326.103
114	114	unless:
115	115	(1) each municipality or county that will operate and
116	116	maintain the road has approved the plans and specifications of the
117	117	road project, if a municipality or county will operate and maintain
118	118	the road; or
119	119	(2) the Texas Transportation Commission has approved
120	120	the plans and specifications of the road project, if the state will
121	121	operate and maintain the road.
122	122	(b) Except as provided by Subsection (a), the district is
123	123	not required to obtain approval from the Texas Transportation
124	124	Commission to design, acquire, construct, finance, issue bonds for,
125	125	improve, or convey a road project.
126	126	Sec. 8326.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
127	127	OR RESOLUTION. The district shall comply with all applicable
128	128	requirements of any ordinance or resolution that is adopted under
129	129	Section 54.016 or 54.0165, Water Code, and that consents to the
130	130	creation of the district or to the inclusion of land in the
131	131	district.
132	132	Sec. 8326.106. LIMITATION ON USE OF EMINENT DOMAIN. The
133	133	district may not exercise the power of eminent domain outside the
134	134	district to acquire a site or easement for:
135	135	(1) a road project authorized by Section 8326.103; or
136	136	(2) a recreational facility as defined by Section
137	137	49.462, Water Code.
138	138	[Sections 8326.107-8326.150 reserved for expansion]
139	139	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
140	140	Sec. 8326.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
141	141	district may issue, without an election, bonds and other
142	142	obligations secured by:
143	143	(1) revenue other than ad valorem taxes; or
144	144	(2) contract payments described by Section 8326.153.
145	145	(b) The district must hold an election in the manner
146	146	provided by Chapters 49 and 54, Water Code, to obtain voter approval
147	147	before the district may impose an ad valorem tax or issue bonds
148	148	payable from ad valorem taxes.
149	149	(c) The district may not issue bonds payable from ad valorem
150	150	taxes to finance a road project unless the issuance is approved by a
151	151	vote of a two-thirds majority of the district voters voting at an
152	152	election held for that purpose.
153	153	Sec. 8326.152. OPERATION AND MAINTENANCE TAX. (a) If
154	154	authorized at an election held under Section 8326.151, the district
155	155	may impose an operation and maintenance tax on taxable property in
156	156	the district in accordance with Section 49.107, Water Code.
157	157	(b) The board shall determine the tax rate. The rate may not
158	158	exceed the rate approved at the election.
159	159	Sec. 8326.153. CONTRACT TAXES. (a) In accordance with
160	160	Section 49.108, Water Code, the district may impose a tax other than
161	161	an operation and maintenance tax and use the revenue derived from
162	162	the tax to make payments under a contract after the provisions of
163	163	the contract have been approved by a majority of the district voters
164	164	voting at an election held for that purpose.
165	165	(b) A contract approved by the district voters may contain a
166	166	provision stating that the contract may be modified or amended by
167	167	the board without further voter approval.
168	168	[Sections 8326.154-8326.200 reserved for expansion]
169	169	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
170	170	Sec. 8326.201. AUTHORITY TO ISSUE BONDS AND OTHER
171	171	OBLIGATIONS. The district may issue bonds or other obligations
172	172	payable wholly or partly from ad valorem taxes, impact fees,
173	173	revenue, contract payments, grants, or other district money, or any
174	174	combination of those sources, to pay for any authorized district
175	175	purpose.
176	176	Sec. 8326.202. TAXES FOR BONDS. At the time the district
177	177	issues bonds payable wholly or partly from ad valorem taxes, the
178	178	board shall provide for the annual imposition of a continuing
179	179	direct ad valorem tax, without limit as to rate or amount, while all
180	180	or part of the bonds are outstanding as required and in the manner
181	181	provided by Sections 54.601 and 54.602, Water Code.
182	182	Sec. 8326.203. BONDS FOR ROAD PROJECTS. At the time of
183	183	issuance, the total principal amount of bonds or other obligations
184	184	issued or incurred to finance road projects and payable from ad
185	185	valorem taxes may not exceed one-fourth of the assessed value of the
186	186	real property in the district.
187	187	SECTION 2. The Harris County Municipal Utility District No.
188	188	525 initially includes all the territory contained in the following
189	189	area:
190	190	TRACT 1
191	191	Being a tract of land containing 383.184 acres, located in
192	192	the William Whitlock League, Abstract-85 in Harris County, Texas;
193	193	Said 383.184 acre tract being all of a called 383.184 acre tract of
194	194	land of record in the name of Crystal Clear Realty, Ltd., in Harris
195	195	County Clerk's File (H.C.C.F.) Number X992419; said 383.184 acre
196	196	tract being more particularly described by metes and bounds as
197	197	follows (all bearings are based on the north Right-Of-Way (R.O.W.)
198	198	line of Foley Road (80 feet wide) with a bearing of North 87 degrees
199	199	16 minutes 12 seconds East as reflected in Volume 4457, Page 321, of
200	200	the Harris County Deed Records (H.C.D.R.)):
201	201	Beginning at a 1/2-inch iron rod found at the southeast
202	202	corner of aforesaid 383.184 acre tract being on the east line of a
203	203	50 foot wide United Gas Pipeline Easement as redefined in Volume
204	204	2350, Page 287, H.C.D.R., and being on the north R.O.W. line of
205	205	aforesaid Foley Road;
206	206	Thence, with the north R.O.W. line of aforesaid Foley Road,
207	207	South 87 degrees 16 minutes 12 seconds West, at a distance of
208	208	6649.67 feet pass a 1/2-inch iron rod found at the northeast corner
209	209	of a call 0.0747 acre tract of land of record in the name of Robert
210	210	Edward Leger and Susan Leger in H.C.C.F. Number R991612, and
211	211	continue in all a total distance of 6771.69 feet to a 5/8-inch iron
212	212	rod found at the southwest corner of aforesaid 383.184 acre tract
213	213	and the northwest corner of aforesaid 0.0747 acre tract, and being
214	214	on the 45 foot contour line for Lake Houston of record in Volume
215	215	2479, Page 370, H.C.D.R.;
216	216	Thence, with aforesaid 45 foot contour line, and the 45 foot
217	217	contour line for Lake Houston of record in Volume 2448, Page 408,
218	218	the following sixteen (16) courses:
219	219	1. North 18 degrees 28 minutes 00 seconds East, a distance
220	220	of 610.10 feet;
221	221	2. North 73 degrees 25 minutes 00 seconds East, a distance
222	222	of 760.00 feet;
223	223	3. North 55 degrees 27 minutes 20 seconds East, a distance
224	224	of 405.37 feet;
225	225	4. North 32 degrees 50 minutes 00 seconds East, a distance
226	226	of 404.37 feet to an angle point, from which a found 1/2-inch iron
227	227	rod bears North 87 degrees 14 minutes 37 seconds East, a distance of
228	228	110.95 feet;
229	229	5. North 35 degrees 29 minutes 10 seconds East, a distance
230	230	of 127.83 feet to a 3/4-inch iron rod found at the waters edge;
231	231	6. North 07 degrees 10 minutes 00 seconds East, a distance
232	232	of 1052.61 feet;
233	233	7. North 57 degrees 02 minutes 40 seconds East, a distance
234	234	of 238.52 feet to a 5/8-inch iron rod found;
235	235	8. South 83 degrees 50 minutes 00 seconds East, a distance
236	236	of 370.00 feet;
237	237	9. South 62 degrees 02 minutes 15 seconds East, a distance
238	238	of 261.72 feet;
239	239	10. South 28 degrees 30 minutes 00 seconds East, a distance
240	240	of 270.00 feet to a 5/8-inch iron rod found;
241	241	11. North 35 degrees 32 minutes 21 seconds East, a distance
242	242	of 86.02 feet to a 5/8-inch iron rod found;
243	243	12. North 35 degrees 02 minutes 28 seconds West, a distance
244	244	of 292.62 feet to a 5/8-inch iron rod found;
245	245	13. North 61 degrees 00 minutes 00 seconds West, a distance
246	246	of 295.00 feet;
247	247	14. South 89 degrees 10 minutes 00 seconds West, a distance
248	248	of 179.00 feet;
249	249	15. North 63 degrees 37 minutes 05 seconds West, a distance
250	250	of 196.94 feet;
251	251	16. North 28 degrees 30 minutes 00 seconds West, a distance
252	252	of 118.42 feet to a 5/8-inch iron rod found at the northwest corner
253	253	of aforesaid 383.184 acre tract, and the southwest corner of a
254	254	called 361.2455 acre tract of land of record in the name of Aron S.
255	255	Gordon in H.C.C.F. Number G416496, from which a found 4-inch square
256	256	concrete marker bears South 87 degrees 16 minutes West, a distance
257	257	of 9.9 feet;
258	258	Thence, with the line common to aforesaid 383.184 and
259	259	361.2455 acre tracts, North 87 degrees 16 minutes 12 seconds East, a
260	260	distance of 5789.82 feet to a 3/4-inch iron rod set at the northeast
261	261	corner of said 383.184 acre tract and being on the west line of
262	262	aforesaid 50 foot pipeline easement;
263	263	Thence, with the east of aforesaid 383.184 acre tract, and
264	264	the west line of aforesaid 50 foot pipeline easement, the following
265	265	two (2) courses:
266	266	1. South 17 degrees 21 minutes 12 seconds West, a distance
267	267	of 617.08 feet to a 3/4-inch iron rod set;
268	268	2. South 17 degrees 28 minutes 12 seconds West, a distance
269	269	of 979.97 feet to a 1/2-inch iron rod with cap found at the
270	270	southwest corner of a 78.5886 acre tract, of record in the name of
271	271	Crystal Clear Realty, LTD in H.C.C.F. No. Y2211837, and being an
272	272	interior corner of said 383.184 acre tract;
273	273	Thence, with the line common to aforesaid 78.5886 and 383.184
274	274	acre tracts, North 87 degrees 14 minutes 37 seconds East, a distance
275	275	of 53.28 feet to a 1/2-inch iron rod with cap found at the east
276	276	corner of said 383.184 acre tract and the northwest corner of a
277	277	called 20.00 acre tract of land of record in the name of David
278	278	Spencer and wife Janna L. Spencer in H.C.C.F. Number W570995, from
279	279	which a found 1/2-inch iron rod bears South 50 degrees 56 minutes
280	280	West, a distance of 5.9 feet;
281	281	Thence, with the east line of said 383.184 and the east line
282	282	of aforesaid 50 foot pipeline easement, South 17 degrees 28 minutes
283	283	12 seconds West, a distance of 1381.03 feet to the Point of
284	284	Beginning and containing 383.184 acres of land.
285	285	TRACT 2
286	286	FIELD NOTES of a 78.3183 acre tract of land situated in the
287	287	William Whitlock League, Abstract No. 85, Harris County, Texas, and
288	288	being out of and a part of a called 108.553 acre tract of land
289	289	conveyed by Spur Land Company, Trustee to Paul H. Krebs, Trustee, by
290	290	deed dated December 14, 1994 and recorded in County Clerk's File No.
291	291	R198447 of the Deed Records of Harris County, Texas. This 78.3183
292	292	acre tract of land is more particularly described by metes and
293	293	bounds as follows, to-wit:
294	294	NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND MONUMENTS
295	295	IN THE EASTERNMOST NORTH LINE AND SOUTHERNMOST EAST LINE OF A
296	296	108.553 ACRE TRACT OF LAND CONVEYED BY SPUR LAND COMPANY, TRUSTEE,
297	297	TO PAUL H. KREBS, TRUSTEE, BY DEED DATED DECEMBER 14, 1994 AND
298	298	RECORDED IN COUNTY CLERK'S FILE NO. R198447 OF THE OFFICIAL PUBLIC
299	299	RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS. REFERENCE IS MADE
300	300	TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS
301	301	DESCRIPTION.
302	302	COMMENCING at a point in the west right of way line of Dallas
303	303	Road, 80 foot wide right of way, being the Southeast corner of a
304	304	361.2455 acres as per deed recorded in County Clerk's File No.
305	305	G416496 of the Official Public Records of Real Property of Harris
306	306	County, Texas and the Northeast corner of that certain 336.5 acre
307	307	tract of land described in Volume 3155 at Page 658 of the Deed
308	308	Records of Harris County, Texas.
309	309	THENCE: South 8717'29" West along the South line of said
310	310	361.2455 acres and the North line of the residue of said 336.5 acre
311	311	tract for a distance of 2680.91 feet to a 3/4 inch iron rod found for
312	312	the Northwest corner of said residue of 336.5 acre tract, the
313	313	Northernmost Northeast corner of said 108.553 acres and the
314	314	Northeast corner and POINT OF BEGINNING of this tract.
315	315	THENCE: South 0245'43" East along the East line of this
316	316	tract, the West line of said residue of 336.5 acre tract, the
317	317	Northernmost East line of said 108.553 acres and the West line of
318	318	the residue of said 108.553 acre tract, at 719.09 feet pass a 5/8
319	319	inch iron rod found for the Southwest corner of said residue of
320	320	336.5, an interior corner of said 108.553 acres and the Northwest
321	321	corner of said residue of 108.553 acre tract, in all, a total
322	322	distance of 1499.58 feet to a 1/2 inch iron rod, with cap, found for
323	323	the Southeast corner of this tract, the Southwest corner of said
324	324	residue of 108.553 acre tract, in the North line of a residue of
325	325	158.1189 acre tract (herein called Tract 3) conveyed by Kail and
326	326	Mackinnon-Lake Houston, LTD., to Stanley H. Voelkel, et al, by deed
327	327	dated July 1,1979 and recorded in County Clerk's File No. G226074 of
328	328	the Deed Records of Harris County, Texas, the South line of said
329	329	108.553 acres and in the North line of a 20 foot pipeline easement
330	330	conveyed to United Texas Transmission Company, as per deed recorded
331	331	in County Clerk's File No. G999981 of the Deed Records of Harris
332	332	County, Texas.
333	333	THENCE: South 8718'10" West along the South line of this
334	334	tract, the South line of said 108.553 acres, the North line of said
335	335	residue of 158.1189 acre tract, the North line of said United Texas
336	336	Transmission Company easement, the North line of that certain 20.00
337	337	acre tract described under Harris County Clerk's File No. X174447,
338	338	and the North line of that certain 20.00 acre tract of land conveyed
339	339	to David Spencer and wife, Janna L. Spencer by Deed recorded under
340	340	Harris County Clerk's File No. W570995, and at 2498.63 feel pass a
341	341	1/2 inch iron rod, with cap, found for the Northwest corner of said
342	342	residue of 158.1189 acre tract, the Northwest corner of said
343	343	Spencer 20.00 acres and the Northeast corner of that certain
344	344	187.8474 acre tract conveyed by Houston Clinic, P.A. to Timothy L.
345	345	Sharma by Deed dated June 21, 1983 and recorded under Harris County
346	346	Clerk's File No. J044836; in all a total distance of 2551.72 feet to
347	347	a 1/2 inch iron rod, with cap, found for the Southwest corner of
348	348	this tract, the Southwest corner of said 108.553 acres and the
349	349	Southeast corner of a 195.043 acre tract conveyed by Houston
350	350	Clinic, P.A., to Timothy L. Sharma by deed dated June 21, 1983 and
351	351	recorded in County Clerk's File No. J048276 of the Deed Records of
352	352	Harris County, Texas.
353	353	THENCE: North 1730'34" East (called in error North 1657'15"
354	354	East) along the West line of this tract, the West line of said
355	355	108.553 acres and the East line of said 195.043 acre tract for a
356	356	distance of 979.97 feet to a 3/4 inch iron rod found for an angle
357	357	point in said line.
358	358	THENCE: North 1721'56" East (called in error North 1657'15"
359	359	East) along the West line of this tract, the West line of said
360	360	108.553 acres and the East line of said 195.043 acre tract for a
361	361	distance of 616.99 feet to a 3/4 inch iron rod found in the South
362	362	line of said 361.2455 acres for the Northwest corner of this tract,
363	363	the Northwest corner of said 108.553 acres and the Northeast corner
364	364	of said 195.043 acre tract.
365	365	THENCE: North 8717'31" East along the North line of this
366	366	tract, the North line of said 108.553 acres and the South line of
367	367	said 361.2455 acre tract for a distance of 1999.88 feet (called in
368	368	error North 8717'29" East 2014.67 feet) to the PLACE OF BEGINNING,
369	369	containing within said boundaries 78.3183 acres of land.
370	370	SECTION 3. (a) The legal notice of the intention to
371	371	introduce this Act, setting forth the general substance of this
372	372	Act, has been published as provided by law, and the notice and a
373	373	copy of this Act have been furnished to all persons, agencies,
374	374	officials, or entities to which they are required to be furnished
375	375	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
376	376	Government Code.
377	377	(b) The governor, one of the required recipients, has
378	378	submitted the notice and Act to the Texas Commission on
379	379	Environmental Quality.
380	380	(c) The Texas Commission on Environmental Quality has filed
381	381	its recommendations relating to this Act with the governor, the
382	382	lieutenant governor, and the speaker of the house of
383	383	representatives within the required time.
384	384	(d) All requirements of the constitution and laws of this
385	385	state and the rules and procedures of the legislature with respect
386	386	to the notice, introduction, and passage of this Act are fulfilled
387	387	and accomplished.
388	388	SECTION 4. This Act takes effect immediately if it receives
389	389	a vote of two-thirds of all the members elected to each house, as
390	390	provided by Section 39, Article III, Texas Constitution. If this
391	391	Act does not receive the vote necessary for immediate effect, this
392	392	Act takes effect September 1, 2009.