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11 S.B. No. 1464
22
33
44 AN ACT
55 relating to the creation of the Harris County Municipal Utility
66 District No. 525; providing authority to impose a tax and issue
77 bonds; granting a limited power of eminent domain.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1010 Code, is amended by adding Chapter 8326 to read as follows:
1111 CHAPTER 8326. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 525
1212 SUBCHAPTER A. GENERAL PROVISIONS
1313 Sec. 8326.001. DEFINITIONS. In this chapter:
1414 (1) "Board" means the district's board of directors.
1515 (2) "Director" means a board member.
1616 (3) "District" means the Harris County Municipal
1717 Utility District No. 525.
1818 Sec. 8326.002. NATURE OF DISTRICT. The district is a
1919 municipal utility district created under Section 59, Article XVI,
2020 Texas Constitution.
2121 Sec. 8326.003. CONFIRMATION AND DIRECTORS' ELECTION
2222 REQUIRED. The temporary directors shall hold an election to
2323 confirm the creation of the district and to elect five permanent
2424 directors as provided by Section 49.102, Water Code.
2525 Sec. 8326.004. CONSENT OF MUNICIPALITY REQUIRED. The
2626 temporary directors may not hold an election under Section 8326.003
2727 until each municipality in whose corporate limits or
2828 extraterritorial jurisdiction the district is located has
2929 consented by ordinance or resolution to the creation of the
3030 district and to the inclusion of land in the district.
3131 Sec. 8326.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3232 (a) The district is created to serve a public purpose and benefit.
3333 (b) The district is created to accomplish the purposes of:
3434 (1) a municipal utility district as provided by
3535 general law and Section 59, Article XVI, Texas Constitution; and
3636 (2) Section 52, Article III, Texas Constitution, that
3737 relate to the construction, acquisition, or improvement of
3838 macadamized, graveled, or paved roads described by Section 54.234,
3939 Water Code, or improvements, including storm drainage, in aid of
4040 those roads.
4141 Sec. 8326.006. INITIAL DISTRICT TERRITORY. (a) The
4242 district is initially composed of the territory described by
4343 Section 2 of the Act creating this chapter.
4444 (b) The boundaries and field notes contained in Section 2 of
4545 the Act creating this chapter form a closure. A mistake made in the
4646 field notes or in copying the field notes in the legislative process
4747 does not affect the district's:
4848 (1) organization, existence, or validity;
4949 (2) right to issue any type of bond for the purposes
5050 for which the district is created or to pay the principal of and
5151 interest on a bond;
5252 (3) right to impose a tax; or
5353 (4) legality or operation.
5454 [Sections 8326.007-8326.050 reserved for expansion]
5555 SUBCHAPTER B. BOARD OF DIRECTORS
5656 Sec. 8326.051. GOVERNING BODY; TERMS. (a) The district is
5757 governed by a board of five elected directors.
5858 (b) Except as provided by Section 8326.052, directors serve
5959 staggered four-year terms.
6060 Sec. 8326.052. TEMPORARY DIRECTORS. (a) On or after the
6161 effective date of the Act creating this chapter, the owner or owners
6262 of a majority of the assessed value of the real property in the
6363 district may submit a petition to the Texas Commission on
6464 Environmental Quality requesting that the commission appoint as
6565 temporary directors the five persons named in the petition. The
6666 commission shall appoint as temporary directors the five persons
6767 named in the petition.
6868 (b) Temporary directors serve until the earlier of:
6969 (1) the date permanent directors are elected under
7070 Section 8326.003; or
7171 (2) the fourth anniversary of the effective date of
7272 the Act creating this chapter.
7373 (c) If permanent directors have not been elected under
7474 Section 8326.003 and the terms of the temporary directors have
7575 expired, successor temporary directors shall be appointed or
7676 reappointed as provided by Subsection (d) to serve terms that
7777 expire on the earlier of:
7878 (1) the date permanent directors are elected under
7979 Section 8326.003; or
8080 (2) the fourth anniversary of the date of the
8181 appointment or reappointment.
8282 (d) If Subsection (c) applies, the owner or owners of a
8383 majority of the assessed value of the real property in the district
8484 may submit a petition to the Texas Commission on Environmental
8585 Quality requesting that the commission appoint as successor
8686 temporary directors the five persons named in the petition. The
8787 commission shall appoint as successor temporary directors the five
8888 persons named in the petition.
8989 [Sections 8326.053-8326.100 reserved for expansion]
9090 SUBCHAPTER C. POWERS AND DUTIES
9191 Sec. 8326.101. GENERAL POWERS AND DUTIES. The district has
9292 the powers and duties necessary to accomplish the purposes for
9393 which the district is created.
9494 Sec. 8326.102. MUNICIPAL UTILITY DISTRICT POWERS AND
9595 DUTIES. The district has the powers and duties provided by the
9696 general law of this state, including Chapters 49 and 54, Water Code,
9797 applicable to municipal utility districts created under Section 59,
9898 Article XVI, Texas Constitution.
9999 Sec. 8326.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
100100 Section 52, Article III, Texas Constitution, the district may
101101 design, acquire, construct, finance, issue bonds for, improve, and
102102 convey to this state, a county, or a municipality for operation and
103103 maintenance macadamized, graveled, or paved roads described by
104104 Section 54.234, Water Code, or improvements, including storm
105105 drainage, in aid of those roads.
106106 (b) The district may exercise the powers provided by this
107107 section without submitting a petition to or obtaining approval from
108108 the Texas Commission on Environmental Quality as required by
109109 Section 54.234, Water Code.
110110 Sec. 8326.104. APPROVAL OF ROAD PROJECT. (a) The district
111111 may not undertake a road project authorized by Section 8326.103
112112 unless:
113113 (1) each municipality or county that will operate and
114114 maintain the road has approved the plans and specifications of the
115115 road project, if a municipality or county will operate and maintain
116116 the road; or
117117 (2) the Texas Transportation Commission has approved
118118 the plans and specifications of the road project, if the state will
119119 operate and maintain the road.
120120 (b) Except as provided by Subsection (a), the district is
121121 not required to obtain approval from the Texas Transportation
122122 Commission to design, acquire, construct, finance, issue bonds for,
123123 improve, or convey a road project.
124124 Sec. 8326.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
125125 OR RESOLUTION. The district shall comply with all applicable
126126 requirements of any ordinance or resolution that is adopted under
127127 Section 54.016 or 54.0165, Water Code, and that consents to the
128128 creation of the district or to the inclusion of land in the
129129 district.
130130 Sec. 8326.106. LIMITATION ON USE OF EMINENT DOMAIN. The
131131 district may not exercise the power of eminent domain outside the
132132 district to acquire a site or easement for:
133133 (1) a road project authorized by Section 8326.103; or
134134 (2) a recreational facility as defined by Section
135135 49.462, Water Code.
136136 [Sections 8326.107-8326.150 reserved for expansion]
137137 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
138138 Sec. 8326.151. ELECTIONS REGARDING TAXES OR BONDS.
139139 (a) The district may issue, without an election, bonds and other
140140 obligations secured by:
141141 (1) revenue other than ad valorem taxes; or
142142 (2) contract payments described by Section 8326.153.
143143 (b) The district must hold an election in the manner
144144 provided by Chapters 49 and 54, Water Code, to obtain voter approval
145145 before the district may impose an ad valorem tax or issue bonds
146146 payable from ad valorem taxes.
147147 (c) The district may not issue bonds payable from ad valorem
148148 taxes to finance a road project unless the issuance is approved by a
149149 vote of a two-thirds majority of the district voters voting at an
150150 election held for that purpose.
151151 Sec. 8326.152. OPERATION AND MAINTENANCE TAX. (a) If
152152 authorized at an election held under Section 8326.151, the district
153153 may impose an operation and maintenance tax on taxable property in
154154 the district in accordance with Section 49.107, Water Code.
155155 (b) The board shall determine the tax rate. The rate may not
156156 exceed the rate approved at the election.
157157 Sec. 8326.153. CONTRACT TAXES. (a) In accordance with
158158 Section 49.108, Water Code, the district may impose a tax other than
159159 an operation and maintenance tax and use the revenue derived from
160160 the tax to make payments under a contract after the provisions of
161161 the contract have been approved by a majority of the district voters
162162 voting at an election held for that purpose.
163163 (b) A contract approved by the district voters may contain a
164164 provision stating that the contract may be modified or amended by
165165 the board without further voter approval.
166166 [Sections 8326.154-8326.200 reserved for expansion]
167167 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
168168 Sec. 8326.201. AUTHORITY TO ISSUE BONDS AND OTHER
169169 OBLIGATIONS. The district may issue bonds or other obligations
170170 payable wholly or partly from ad valorem taxes, impact fees,
171171 revenue, contract payments, grants, or other district money, or any
172172 combination of those sources, to pay for any authorized district
173173 purpose.
174174 Sec. 8326.202. TAXES FOR BONDS. At the time the district
175175 issues bonds payable wholly or partly from ad valorem taxes, the
176176 board shall provide for the annual imposition of a continuing
177177 direct ad valorem tax, without limit as to rate or amount, while all
178178 or part of the bonds are outstanding as required and in the manner
179179 provided by Sections 54.601 and 54.602, Water Code.
180180 Sec. 8326.203. BONDS FOR ROAD PROJECTS. At the time of
181181 issuance, the total principal amount of bonds or other obligations
182182 issued or incurred to finance road projects and payable from ad
183183 valorem taxes may not exceed one-fourth of the assessed value of the
184184 real property in the district.
185185 SECTION 2. The Harris County Municipal Utility District No.
186186 525 initially includes all the territory contained in the following
187187 area:
188188 TRACT 1
189189 Being a tract of land containing 383.184 acres, located in
190190 the William Whitlock League, Abstract-85 in Harris County, Texas;
191191 Said 383.184 acre tract being all of a called 383.184 acre tract of
192192 land of record in the name of Crystal Clear Realty, Ltd., in Harris
193193 County Clerk's File (H.C.C.F.) Number X992419; said 383.184 acre
194194 tract being more particularly described by metes and bounds as
195195 follows (all bearings are based on the north Right-Of-Way (R.O.W.)
196196 line of Foley Road (80 feet wide) with a bearing of North 87 degrees
197197 16 minutes 12 seconds East as reflected in Volume 4457, Page 321, of
198198 the Harris County Deed Records (H.C.D.R.)):
199199 Beginning at a 1/2-inch iron rod found at the southeast
200200 corner of aforesaid 383.184 acre tract being on the east line of a
201201 50 foot wide United Gas Pipeline Easement as redefined in Volume
202202 2350, Page 287, H.C.D.R., and being on the north R.O.W. line of
203203 aforesaid Foley Road;
204204 Thence, with the north R.O.W. line of aforesaid Foley Road,
205205 South 87 degrees 16 minutes 12 seconds West, at a distance of
206206 6649.67 feet pass a 1/2-inch iron rod found at the northeast corner
207207 of a call 0.0747 acre tract of land of record in the name of Robert
208208 Edward Leger and Susan Leger in H.C.C.F. Number R991612, and
209209 continue in all a total distance of 6771.69 feet to a 5/8-inch iron
210210 rod found at the southwest corner of aforesaid 383.184 acre tract
211211 and the northwest corner of aforesaid 0.0747 acre tract, and being
212212 on the 45 foot contour line for Lake Houston of record in Volume
213213 2479, Page 370, H.C.D.R.;
214214 Thence, with aforesaid 45 foot contour line, and the 45 foot
215215 contour line for Lake Houston of record in Volume 2448, Page 408,
216216 the following sixteen (16) courses:
217217 1. North 18 degrees 28 minutes 00 seconds East, a distance
218218 of 610.10 feet;
219219 2. North 73 degrees 25 minutes 00 seconds East, a distance
220220 of 760.00 feet;
221221 3. North 55 degrees 27 minutes 20 seconds East, a distance
222222 of 405.37 feet;
223223 4. North 32 degrees 50 minutes 00 seconds East, a distance
224224 of 404.37 feet to an angle point, from which a found 1/2-inch iron
225225 rod bears North 87 degrees 14 minutes 37 seconds East, a distance of
226226 110.95 feet;
227227 5. North 35 degrees 29 minutes 10 seconds East, a distance
228228 of 127.83 feet to a 3/4-inch iron rod found at the waters edge;
229229 6. North 07 degrees 10 minutes 00 seconds East, a distance
230230 of 1052.61 feet;
231231 7. North 57 degrees 02 minutes 40 seconds East, a distance
232232 of 238.52 feet to a 5/8-inch iron rod found;
233233 8. South 83 degrees 50 minutes 00 seconds East, a distance
234234 of 370.00 feet;
235235 9. South 62 degrees 02 minutes 15 seconds East, a distance
236236 of 261.72 feet;
237237 10. South 28 degrees 30 minutes 00 seconds East, a distance
238238 of 270.00 feet to a 5/8-inch iron rod found;
239239 11. North 35 degrees 32 minutes 21 seconds East, a distance
240240 of 86.02 feet to a 5/8-inch iron rod found;
241241 12. North 35 degrees 02 minutes 28 seconds West, a distance
242242 of 292.62 feet to a 5/8-inch iron rod found;
243243 13. North 61 degrees 00 minutes 00 seconds West, a distance
244244 of 295.00 feet;
245245 14. South 89 degrees 10 minutes 00 seconds West, a distance
246246 of 179.00 feet;
247247 15. North 63 degrees 37 minutes 05 seconds West, a distance
248248 of 196.94 feet;
249249 16. North 28 degrees 30 minutes 00 seconds West, a distance
250250 of 118.42 feet to a 5/8-inch iron rod found at the northwest corner
251251 of aforesaid 383.184 acre tract, and the southwest corner of a
252252 called 361.2455 acre tract of land of record in the name of Aron S.
253253 Gordon in H.C.C.F. Number G416496, from which a found 4-inch square
254254 concrete marker bears South 87 degrees 16 minutes West, a distance
255255 of 9.9 feet;
256256 Thence, with the line common to aforesaid 383.184 and
257257 361.2455 acre tracts, North 87 degrees 16 minutes 12 seconds East, a
258258 distance of 5789.82 feet to a 3/4-inch iron rod set at the northeast
259259 corner of said 383.184 acre tract and being on the west line of
260260 aforesaid 50 foot pipeline easement;
261261 Thence, with the east of aforesaid 383.184 acre tract, and
262262 the west line of aforesaid 50 foot pipeline easement, the following
263263 two (2) courses:
264264 1. South 17 degrees 21 minutes 12 seconds West, a distance
265265 of 617.08 feet to a 3/4-inch iron rod set;
266266 2. South 17 degrees 28 minutes 12 seconds West, a distance
267267 of 979.97 feet to a 1/2-inch iron rod with cap found at the
268268 southwest corner of a 78.5886 acre tract, of record in the name of
269269 Crystal Clear Realty, LTD in H.C.C.F. No. Y2211837, and being an
270270 interior corner of said 383.184 acre tract;
271271 Thence, with the line common to aforesaid 78.5886 and 383.184
272272 acre tracts, North 87 degrees 14 minutes 37 seconds East, a distance
273273 of 53.28 feet to a 1/2-inch iron rod with cap found at the east
274274 corner of said 383.184 acre tract and the northwest corner of a
275275 called 20.00 acre tract of land of record in the name of David
276276 Spencer and wife Janna L. Spencer in H.C.C.F. Number W570995, from
277277 which a found 1/2-inch iron rod bears South 50 degrees 56 minutes
278278 West, a distance of 5.9 feet;
279279 Thence, with the east line of said 383.184 and the east line
280280 of aforesaid 50 foot pipeline easement, South 17 degrees 28 minutes
281281 12 seconds West, a distance of 1381.03 feet to the Point of
282282 Beginning and containing 383.184 acres of land.
283283 TRACT 2
284284 FIELD NOTES of a 78.3183 acre tract of land situated in the
285285 William Whitlock League, Abstract No. 85, Harris County, Texas, and
286286 being out of and a part of a called 108.553 acre tract of land
287287 conveyed by Spur Land Company, Trustee to Paul H. Krebs, Trustee, by
288288 deed dated December 14, 1994 and recorded in County Clerk's File No.
289289 R198447 of the Deed Records of Harris County, Texas. This 78.3183
290290 acre tract of land is more particularly described by metes and
291291 bounds as follows, to-wit:
292292 NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND MONUMENTS
293293 IN THE EASTERNMOST NORTH LINE AND SOUTHERNMOST EAST LINE OF A
294294 108.553 ACRE TRACT OF LAND CONVEYED BY SPUR LAND COMPANY, TRUSTEE,
295295 TO PAUL H. KREBS, TRUSTEE, BY DEED DATED DECEMBER 14, 1994 AND
296296 RECORDED IN COUNTY CLERK'S FILE NO. R198447 OF THE OFFICIAL PUBLIC
297297 RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS. REFERENCE IS MADE
298298 TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS
299299 DESCRIPTION.
300300 COMMENCING at a point in the west right of way line of Dallas
301301 Road, 80 foot wide right of way, being the Southeast corner of a
302302 361.2455 acres as per deed recorded in County Clerk's File No.
303303 G416496 of the Official Public Records of Real Property of Harris
304304 County, Texas and the Northeast corner of that certain 336.5 acre
305305 tract of land described in Volume 3155 at Page 658 of the Deed
306306 Records of Harris County, Texas.
307307 THENCE: South 8717'29" West along the South line of said
308308 361.2455 acres and the North line of the residue of said 336.5 acre
309309 tract for a distance of 2680.91 feet to a 3/4 inch iron rod found for
310310 the Northwest corner of said residue of 336.5 acre tract, the
311311 Northernmost Northeast corner of said 108.553 acres and the
312312 Northeast corner and POINT OF BEGINNING of this tract.
313313 THENCE: South 0245'43" East along the East line of this
314314 tract, the West line of said residue of 336.5 acre tract, the
315315 Northernmost East line of said 108.553 acres and the West line of
316316 the residue of said 108.553 acre tract, at 719.09 feet pass a 5/8
317317 inch iron rod found for the Southwest corner of said residue of
318318 336.5, an interior corner of said 108.553 acres and the Northwest
319319 corner of said residue of 108.553 acre tract, in all, a total
320320 distance of 1499.58 feet to a 1/2 inch iron rod, with cap, found for
321321 the Southeast corner of this tract, the Southwest corner of said
322322 residue of 108.553 acre tract, in the North line of a residue of
323323 158.1189 acre tract (herein called Tract 3) conveyed by Kail and
324324 Mackinnon-Lake Houston, LTD., to Stanley H. Voelkel, et al, by deed
325325 dated July 1,1979 and recorded in County Clerk's File No. G226074 of
326326 the Deed Records of Harris County, Texas, the South line of said
327327 108.553 acres and in the North line of a 20 foot pipeline easement
328328 conveyed to United Texas Transmission Company, as per deed recorded
329329 in County Clerk's File No. G999981 of the Deed Records of Harris
330330 County, Texas.
331331 THENCE: South 8718'10" West along the South line of this
332332 tract, the South line of said 108.553 acres, the North line of said
333333 residue of 158.1189 acre tract, the North line of said United Texas
334334 Transmission Company easement, the North line of that certain 20.00
335335 acre tract described under Harris County Clerk's File No. X174447,
336336 and the North line of that certain 20.00 acre tract of land conveyed
337337 to David Spencer and wife, Janna L. Spencer by Deed recorded under
338338 Harris County Clerk's File No. W570995, and at 2498.63 feel pass a
339339 1/2 inch iron rod, with cap, found for the Northwest corner of said
340340 residue of 158.1189 acre tract, the Northwest corner of said
341341 Spencer 20.00 acres and the Northeast corner of that certain
342342 187.8474 acre tract conveyed by Houston Clinic, P.A. to Timothy L.
343343 Sharma by Deed dated June 21, 1983 and recorded under Harris County
344344 Clerk's File No. J044836; in all a total distance of 2551.72 feet to
345345 a 1/2 inch iron rod, with cap, found for the Southwest corner of
346346 this tract, the Southwest corner of said 108.553 acres and the
347347 Southeast corner of a 195.043 acre tract conveyed by Houston
348348 Clinic, P.A., to Timothy L. Sharma by deed dated June 21, 1983 and
349349 recorded in County Clerk's File No. J048276 of the Deed Records of
350350 Harris County, Texas.
351351 THENCE: North 1730'34" East (called in error North 1657'15"
352352 East) along the West line of this tract, the West line of said
353353 108.553 acres and the East line of said 195.043 acre tract for a
354354 distance of 979.97 feet to a 3/4 inch iron rod found for an angle
355355 point in said line.
356356 THENCE: North 1721'56" East (called in error North 1657'15"
357357 East) along the West line of this tract, the West line of said
358358 108.553 acres and the East line of said 195.043 acre tract for a
359359 distance of 616.99 feet to a 3/4 inch iron rod found in the South
360360 line of said 361.2455 acres for the Northwest corner of this tract,
361361 the Northwest corner of said 108.553 acres and the Northeast corner
362362 of said 195.043 acre tract.
363363 THENCE: North 8717'31" East along the North line of this
364364 tract, the North line of said 108.553 acres and the South line of
365365 said 361.2455 acre tract for a distance of 1999.88 feet (called in
366366 error North 8717'29" East 2014.67 feet) to the PLACE OF BEGINNING,
367367 containing within said boundaries 78.3183 acres of land.
368368 SECTION 3. (a) The legal notice of the intention to
369369 introduce this Act, setting forth the general substance of this
370370 Act, has been published as provided by law, and the notice and a
371371 copy of this Act have been furnished to all persons, agencies,
372372 officials, or entities to which they are required to be furnished
373373 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
374374 Government Code.
375375 (b) The governor, one of the required recipients, has
376376 submitted the notice and Act to the Texas Commission on
377377 Environmental Quality.
378378 (c) The Texas Commission on Environmental Quality has filed
379379 its recommendations relating to this Act with the governor, the
380380 lieutenant governor, and the speaker of the house of
381381 representatives within the required time.
382382 (d) All requirements of the constitution and laws of this
383383 state and the rules and procedures of the legislature with respect
384384 to the notice, introduction, and passage of this Act are fulfilled
385385 and accomplished.
386386 SECTION 4. This Act takes effect immediately if it receives
387387 a vote of two-thirds of all the members elected to each house, as
388388 provided by Section 39, Article III, Texas Constitution. If this
389389 Act does not receive the vote necessary for immediate effect, this
390390 Act takes effect September 1, 2009.
391391 ______________________________ ______________________________
392392 President of the Senate Speaker of the House
393393 I hereby certify that S.B. No. 1464 passed the Senate on
394394 April 23, 2009, by the following vote: Yeas 30, Nays 0.
395395 ______________________________
396396 Secretary of the Senate
397397 I hereby certify that S.B. No. 1464 passed the House on
398398 May 15, 2009, by the following vote: Yeas 144, Nays 0, one
399399 present not voting.
400400 ______________________________
401401 Chief Clerk of the House
402402 Approved:
403403 ______________________________
404404 Date
405405 ______________________________
406406 Governor