S.B. No. 1464
AN ACT
relating to the creation of the Harris County Municipal Utility
District No. 525; providing authority to impose a tax and issue
bonds; granting a limited 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 8326 to read as follows:
CHAPTER 8326. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 525
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8326.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Harris County Municipal
Utility District No. 525.
Sec. 8326.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8326.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8326.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8326.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8326.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, or improvement of
macadamized, graveled, or paved roads described by Section 54.234,
Water Code, or improvements, including storm drainage, in aid of
those roads.
Sec. 8326.006. 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 the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 8326.007-8326.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8326.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8326.052, directors serve
staggered four-year terms.
Sec. 8326.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property 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. The
commission shall appoint as temporary directors the five persons
named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8326.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8326.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8326.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the five
persons named in the petition.
[Sections 8326.053-8326.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8326.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8326.102. 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. 8326.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the Texas Commission on Environmental Quality as required by
Section 54.234, Water Code.
Sec. 8326.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8326.103
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 8326.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 8326.106. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8326.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8326.107-8326.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8326.151. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8326.153.
(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 the district voters voting at an
election held for that purpose.
Sec. 8326.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8326.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8326.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 8326.154-8326.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8326.201. 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, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8326.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8326.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Harris County Municipal Utility District No.
525 initially includes all the territory contained in the following
area:
TRACT 1
Being a tract of land containing 383.184 acres, located in
the William Whitlock League, Abstract-85 in Harris County, Texas;
Said 383.184 acre tract being all of a called 383.184 acre tract of
land of record in the name of Crystal Clear Realty, Ltd., in Harris
County Clerk's File (H.C.C.F.) Number X992419; said 383.184 acre
tract being more particularly described by metes and bounds as
follows (all bearings are based on the north Right-Of-Way (R.O.W.)
line of Foley Road (80 feet wide) with a bearing of North 87 degrees
16 minutes 12 seconds East as reflected in Volume 4457, Page 321, of
the Harris County Deed Records (H.C.D.R.)):
Beginning at a 1/2-inch iron rod found at the southeast
corner of aforesaid 383.184 acre tract being on the east line of a
50 foot wide United Gas Pipeline Easement as redefined in Volume
2350, Page 287, H.C.D.R., and being on the north R.O.W. line of
aforesaid Foley Road;
Thence, with the north R.O.W. line of aforesaid Foley Road,
South 87 degrees 16 minutes 12 seconds West, at a distance of
6649.67 feet pass a 1/2-inch iron rod found at the northeast corner
of a call 0.0747 acre tract of land of record in the name of Robert
Edward Leger and Susan Leger in H.C.C.F. Number R991612, and
continue in all a total distance of 6771.69 feet to a 5/8-inch iron
rod found at the southwest corner of aforesaid 383.184 acre tract
and the northwest corner of aforesaid 0.0747 acre tract, and being
on the 45 foot contour line for Lake Houston of record in Volume
2479, Page 370, H.C.D.R.;
Thence, with aforesaid 45 foot contour line, and the 45 foot
contour line for Lake Houston of record in Volume 2448, Page 408,
the following sixteen (16) courses:
1. North 18 degrees 28 minutes 00 seconds East, a distance
of 610.10 feet;
2. North 73 degrees 25 minutes 00 seconds East, a distance
of 760.00 feet;
3. North 55 degrees 27 minutes 20 seconds East, a distance
of 405.37 feet;
4. North 32 degrees 50 minutes 00 seconds East, a distance
of 404.37 feet to an angle point, from which a found 1/2-inch iron
rod bears North 87 degrees 14 minutes 37 seconds East, a distance of
110.95 feet;
5. North 35 degrees 29 minutes 10 seconds East, a distance
of 127.83 feet to a 3/4-inch iron rod found at the waters edge;
6. North 07 degrees 10 minutes 00 seconds East, a distance
of 1052.61 feet;
7. North 57 degrees 02 minutes 40 seconds East, a distance
of 238.52 feet to a 5/8-inch iron rod found;
8. South 83 degrees 50 minutes 00 seconds East, a distance
of 370.00 feet;
9. South 62 degrees 02 minutes 15 seconds East, a distance
of 261.72 feet;
10. South 28 degrees 30 minutes 00 seconds East, a distance
of 270.00 feet to a 5/8-inch iron rod found;
11. North 35 degrees 32 minutes 21 seconds East, a distance
of 86.02 feet to a 5/8-inch iron rod found;
12. North 35 degrees 02 minutes 28 seconds West, a distance
of 292.62 feet to a 5/8-inch iron rod found;
13. North 61 degrees 00 minutes 00 seconds West, a distance
of 295.00 feet;
14. South 89 degrees 10 minutes 00 seconds West, a distance
of 179.00 feet;
15. North 63 degrees 37 minutes 05 seconds West, a distance
of 196.94 feet;
16. North 28 degrees 30 minutes 00 seconds West, a distance
of 118.42 feet to a 5/8-inch iron rod found at the northwest corner
of aforesaid 383.184 acre tract, and the southwest corner of a
called 361.2455 acre tract of land of record in the name of Aron S.
Gordon in H.C.C.F. Number G416496, from which a found 4-inch square
concrete marker bears South 87 degrees 16 minutes West, a distance
of 9.9 feet;
Thence, with the line common to aforesaid 383.184 and
361.2455 acre tracts, North 87 degrees 16 minutes 12 seconds East, a
distance of 5789.82 feet to a 3/4-inch iron rod set at the northeast
corner of said 383.184 acre tract and being on the west line of
aforesaid 50 foot pipeline easement;
Thence, with the east of aforesaid 383.184 acre tract, and
the west line of aforesaid 50 foot pipeline easement, the following
two (2) courses:
1. South 17 degrees 21 minutes 12 seconds West, a distance
of 617.08 feet to a 3/4-inch iron rod set;
2. South 17 degrees 28 minutes 12 seconds West, a distance
of 979.97 feet to a 1/2-inch iron rod with cap found at the
southwest corner of a 78.5886 acre tract, of record in the name of
Crystal Clear Realty, LTD in H.C.C.F. No. Y2211837, and being an
interior corner of said 383.184 acre tract;
Thence, with the line common to aforesaid 78.5886 and 383.184
acre tracts, North 87 degrees 14 minutes 37 seconds East, a distance
of 53.28 feet to a 1/2-inch iron rod with cap found at the east
corner of said 383.184 acre tract and the northwest corner of a
called 20.00 acre tract of land of record in the name of David
Spencer and wife Janna L. Spencer in H.C.C.F. Number W570995, from
which a found 1/2-inch iron rod bears South 50 degrees 56 minutes
West, a distance of 5.9 feet;
Thence, with the east line of said 383.184 and the east line
of aforesaid 50 foot pipeline easement, South 17 degrees 28 minutes
12 seconds West, a distance of 1381.03 feet to the Point of
Beginning and containing 383.184 acres of land.
TRACT 2
FIELD NOTES of a 78.3183 acre tract of land situated in the
William Whitlock League, Abstract No. 85, Harris County, Texas, and
being out of and a part of a called 108.553 acre tract of land
conveyed by Spur Land Company, Trustee to Paul H. Krebs, Trustee, by
deed dated December 14, 1994 and recorded in County Clerk's File No.
R198447 of the Deed Records of Harris County, Texas. This 78.3183
acre tract of land is more particularly described by metes and
bounds as follows, to-wit:
NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND MONUMENTS
IN THE EASTERNMOST NORTH LINE AND SOUTHERNMOST EAST LINE OF A
108.553 ACRE TRACT OF LAND CONVEYED BY SPUR LAND COMPANY, TRUSTEE,
TO PAUL H. KREBS, TRUSTEE, BY DEED DATED DECEMBER 14, 1994 AND
RECORDED IN COUNTY CLERK'S FILE NO. R198447 OF THE OFFICIAL PUBLIC
RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS. REFERENCE IS MADE
TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS
DESCRIPTION.
COMMENCING at a point in the west right of way line of Dallas
Road, 80 foot wide right of way, being the Southeast corner of a
361.2455 acres as per deed recorded in County Clerk's File No.
G416496 of the Official Public Records of Real Property of Harris
County, Texas and the Northeast corner of that certain 336.5 acre
tract of land described in Volume 3155 at Page 658 of the Deed
Records of Harris County, Texas.
THENCE: South 8717'29" West along the South line of said
361.2455 acres and the North line of the residue of said 336.5 acre
tract for a distance of 2680.91 feet to a 3/4 inch iron rod found for
the Northwest corner of said residue of 336.5 acre tract, the
Northernmost Northeast corner of said 108.553 acres and the
Northeast corner and POINT OF BEGINNING of this tract.
THENCE: South 0245'43" East along the East line of this
tract, the West line of said residue of 336.5 acre tract, the
Northernmost East line of said 108.553 acres and the West line of
the residue of said 108.553 acre tract, at 719.09 feet pass a 5/8
inch iron rod found for the Southwest corner of said residue of
336.5, an interior corner of said 108.553 acres and the Northwest
corner of said residue of 108.553 acre tract, in all, a total
distance of 1499.58 feet to a 1/2 inch iron rod, with cap, found for
the Southeast corner of this tract, the Southwest corner of said
residue of 108.553 acre tract, in the North line of a residue of
158.1189 acre tract (herein called Tract 3) conveyed by Kail and
Mackinnon-Lake Houston, LTD., to Stanley H. Voelkel, et al, by deed
dated July 1,1979 and recorded in County Clerk's File No. G226074 of
the Deed Records of Harris County, Texas, the South line of said
108.553 acres and in the North line of a 20 foot pipeline easement
conveyed to United Texas Transmission Company, as per deed recorded
in County Clerk's File No. G999981 of the Deed Records of Harris
County, Texas.
THENCE: South 8718'10" West along the South line of this
tract, the South line of said 108.553 acres, the North line of said
residue of 158.1189 acre tract, the North line of said United Texas
Transmission Company easement, the North line of that certain 20.00
acre tract described under Harris County Clerk's File No. X174447,
and the North line of that certain 20.00 acre tract of land conveyed
to David Spencer and wife, Janna L. Spencer by Deed recorded under
Harris County Clerk's File No. W570995, and at 2498.63 feel pass a
1/2 inch iron rod, with cap, found for the Northwest corner of said
residue of 158.1189 acre tract, the Northwest corner of said
Spencer 20.00 acres and the Northeast corner of that certain
187.8474 acre tract conveyed by Houston Clinic, P.A. to Timothy L.
Sharma by Deed dated June 21, 1983 and recorded under Harris County
Clerk's File No. J044836; in all a total distance of 2551.72 feet to
a 1/2 inch iron rod, with cap, found for the Southwest corner of
this tract, the Southwest corner of said 108.553 acres and the
Southeast corner of a 195.043 acre tract conveyed by Houston
Clinic, P.A., to Timothy L. Sharma by deed dated June 21, 1983 and
recorded in County Clerk's File No. J048276 of the Deed Records of
Harris County, Texas.
THENCE: North 1730'34" East (called in error North 1657'15"
East) along the West line of this tract, the West line of said
108.553 acres and the East line of said 195.043 acre tract for a
distance of 979.97 feet to a 3/4 inch iron rod found for an angle
point in said line.
THENCE: North 1721'56" East (called in error North 1657'15"
East) along the West line of this tract, the West line of said
108.553 acres and the East line of said 195.043 acre tract for a
distance of 616.99 feet to a 3/4 inch iron rod found in the South
line of said 361.2455 acres for the Northwest corner of this tract,
the Northwest corner of said 108.553 acres and the Northeast corner
of said 195.043 acre tract.
THENCE: North 8717'31" East along the North line of this
tract, the North line of said 108.553 acres and the South line of
said 361.2455 acre tract for a distance of 1999.88 feet (called in
error North 8717'29" East 2014.67 feet) to the PLACE OF BEGINNING,
containing within said boundaries 78.3183 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, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1464 passed the Senate on
April 23, 2009, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1464 passed the House on
May 15, 2009, by the following vote: Yeas 144, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor