By: Gallegos S.B. No. 813
(Smith of Harris)
A BILL TO BE ENTITLED
relating to the creation of the Harris County Municipal Utility
District No. 528; 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 8318 to read as follows:
CHAPTER 8318. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8318.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Harris County Municipal
Utility District No. 528.
Sec. 8318.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8318.003. 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. 8318.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8318.003
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. 8318.005. 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, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8318.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting 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 8318.007-8318.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8318.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8318.052, directors serve
staggered four-year terms.
Sec. 8318.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2011, the owner or owners of a majority of the assessed
value of the real property in the district may submit a petition to
the commission 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 8318.003; or
(2) September 1, 2015.
(c) If permanent directors have not been elected under
Section 8318.003 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 8318.003; 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 commission 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 8318.053-8318.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8318.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8318.102. 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. 8318.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8318.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8318.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution adopted by the city
council of the City of Baytown.
Sec. 8318.106. 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 8318.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8318.107-8318.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8318.151. 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 8318.153.
(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. 8318.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8318.151, 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. 8318.153. 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 8318.154-8318.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8318.201. 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. 8318.202. 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. 8318.203. 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.
528 initially includes all the territory contained in the following
area:
TRACT 1
FIELD NOTES of a 27.8347 acre tract of land situated in the William
Scott Lower league, Abstract No. 65, Harris County, Texas, and
being out of and a part of a 1541 acre tract of land conveyed to
Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated
November 29, 1935, and recorded in Volume 996 at Page 379 of the
Deed Records of Harris County, Texas. This 27.8347 acre tract of
land is more particularly described by metes and bounds as follows,
to-wit:
NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR =
0.9998389.
BEGINNING at a concrete right-of-way monument found at the
intersection of the North right-of-way line of Spur 55
(right-of-way width varies) and the East right-of-way line of State
Highway 146 (right-of-way width varies). Said point being
Westernmost Southwest corner and POINT OF BEGINNING of this tract
and having a State Plane Coordinate Value of N=13,832,328.10 and
E=3,250,340.20. Said point being in a curve to the left, concave
Westerly.
THENCE: Along and around said curve to the left, in a Northerly
direction, along the West line of this tract and the East
right-of-way line of said State Highway No. 146, said curve having a
central angle of 15°57'18", a radius of 1629.82 feet, and a chord
bearing and distance of North 23°06'38" East 452.39 feet, for an arc
length of 453.85 feet to a concrete right-of-way monument found for
the TERMINATION POINT of said curve.
THENCE: North 10°06'20" East along the West line of this tract and
the East right-of-way line of said State Highway No. 146, for a
distance of 97.12 feet to a 1/2 inch iron rod, with cap, set for the
Northwest corner of this tract and the Southwest corner of that
certain 33.00 acre tract of land conveyed by Ashbel Smith
Management Company, et al, to Goose Creek Consolidated Independent
School District by Deed dated June 5, 1991 and recorded under County
Clerk's File No. N174232 of the Official Public Records of Real
Property of Harris County, Texas.
THENCE: South 73°11'36" East along the North line of this tract and
the South line of said 33.00 acre tract for a distance of 1795.57
feet to a 1/2 inch iron rod, with cap, set in the West right-of-way
line of Tri-Cities Beach Road (80 feet wide right-of-way) for the
Southeast corner of said 33.00 acres and the Northeast corner of
this tract.
THENCE: South 08°04'39" East along the Northernmost East line of
this tract and the West right-of-way line of said Tri-Cities Beach
Road for a distance of 572.67 feet to a 1/2 inch iron rod, with cap,
set for the Easternmost Southeast corner of this tract at the
intersection of the West right-of-way line of Tri-Cities Beach Road
with the North right-of-way line of said Spur 55.
THENCE: South 49°20'06" West along the Southernmost East line of
this tract and the North right-of-way line of said Spur 55 for a
distance of 104.30 feet to 1/2 inch iron rod, with cap, set for the
Southernmost Southeast corner of this tract and an angle point in
the North right-of-way line of said Spur 55.
THENCE: North 73°15'09" West along the South line of this tract and
the North right-of-way line of said Spur 55 for a distance of 118.36
feet to a 1/2 inch iron rod, with cap, set for an angle point in said
line.
THENCE: North 74°30'59" West along the South line of this tract and
the North right-of-way line of said Spur 55 for a distance of
1813.52 feet to a 1/2 inch iron rod, with cap, set for the
Southernmost Southwest corner of this tract and an angle point in
the North right-of-way line of said Spur 55.
THENCE: North 23°25'09" West along the Southernmost West line of
this tract and the North right-of-way line of said Spur 55 for a
distance of 135.34 feet to the PLACE OF BEGINNING and containing
within these boundaries 27.8347 acres of land.
TRACT 2
FIELD NOTES of a 28.5456 acre tract of land situated in the William
Scott Lower league, Abstract No. 65, Harris County, Texas, and
being out of and a part of a 1541 acre tract of land conveyed to
Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated
November 29, 1935, and recorded in Volume 996 at Page 379 of the
Deed Records of Harris County, Texas. This 28.5456 acre tract of
land is more particularly described by metes and bounds as follows,
to-wit:
NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR =
0.9998389.
BEGINNING at a 1/2 inch iron rod, with cap, set at the intersection
of the Northwest right-of-way line of State Highway No. 146 (200
feet wide right-of-way) with the East right-of-way of the Missouri
Pacific Railroad (Parcel No. 1 containing 3.66104 acres conveyed by
Ashbel Smith Land Company to Missouri Pacific Railroad Company by
Deed dated January 9, 1967 and recorded in Volume 6644 at Page 486
of the Deed Records of Harris County, Texas). Said point being the
Southwest corner and POINT OF BEGINNING of this tract and having a
State Plane Coordinate Value of N=13,831,254.86 and
E=3,248,223.73.
THENCE: North 24°15'03" West along the Southernmost West line of
this tract and the East right-of-way line of said Missouri Pacific
Railroad for a distance of 540.66 feet to a 1/2 inch iron, with cap,
set for the BEGINNING POINT of a curve to the right, concave
Easterly.
THENCE: Along and around said curve to the right, in a
Northwesterly direction, along the Southernmost West line of this
tract and the East right-of-way line of said Missouri Pacific
Railroad, said curve having a central angle of 06°37'49", a radius
of 1065.93 feet, and a chord bearing and distance of North 20°56'07"
West 123.28 feet, for an arc length of 123.35 feet to a fence corner
post found for an interior corner of this tract and an exterior
corner of said Missouri Pacific Railroad.
THENCE: South 71°27'32" West along the Westernmost South line of
this tract and an exterior line of said Missouri Pacific Railroad
for a distance of 30.00 feet to a fence corner post found for an
exterior corner of this tract and an interior corner of said
Missouri Pacific Railroad; said point being the BEGINNING POINT of
a curve to the right, concave Easterly.
THENCE: Along and around said curve to the right, in a Northerly
direction, along the Northernmost West line of this tract and the
East right-of-way line of said Missouri Pacific Railroad, said
curve having a central angle of 17°22'22", a radius of 1095.93 feet,
and a chord bearing of North 08°57'32" West 331.03 feet, for an arc
length of 332.30 feet to a 1/2 inch iron rod, with cap, set for the
TERMINATION POINT of said curve.
THENCE: North 00°22'43" West along the Northernmost West line of
this tract and the East right-of-way line of said Missouri Pacific
Railroad for a distance of 164.82 feet to a fence corner post found
at the intersection of said line with the South right-of-way line of
Alexander Drive (120 feet wide right-of-way) for the Northwest
corner of this tract.
THENCE: South 88°36'31" East along the South right-of-way line of
South Alexander Drive and the North line of this tract for a
distance of 742.80 feet to a concrete right-of-way monument found
for an angle point in said line.
THENCE: South 88°51'51" East along the South right-of-way line of
South Alexander Drive and the North line of this tract for a
distance of 648.31 feet to a concrete right-of-way monument found
for the BEGINNING POINT of a curve to the right, concave Southerly.
THENCE: Along and around said curve to the right, along the North
line of this tract and the South right-of-way line of said South
Alexander Drive, in an Easterly direction, said curve having a
central angle of 07°23'27", a radius of 2804.76 feet, and a chord
bearing and distance of South 84°50'16" East 361.55 feet, for an arc
length of 361.80 feet to a 1/2 inch iron rod, with cap, set for the
Northeast corner of this tract at the intersection of the South
right-of-way line of South Alexander Drive with a West right-of-way
line of State Highway No. 146.
THENCE: South 18°20'49" East along the East line of this tract and a
West right-of-way line of said State Highway No. 146, for a distance
of 156.45 feet to a 1/2 inch iron rod, with cap, set for the
Southeast corner of this tract and an interior corner of said State
Highway No. 146 right-of-way. Said point being in a curve to the
right, concave Northerly.
THENCE: Along and around said curve to the right, in a Westerly
direction, along the South line of this tract and the North
right-of-way line of said State Highway No. 146, said curve having a
central angle of 07°12'01", a chord bearing and distance of South
48°00'47" West 476.69 feet, for an arc length of 477.00 feet to a 1/2
inch iron rod, with cap, set for the TERMINATION POINT of said
curve.
THENCE: South 59°19'20" West along the South line of this tract and
the North right-of-way line of said State Highway No. 146 for a
distance of 478.02 feet to a 1/2 inch iron rod, with cap, set for an
angle point in said line.
THENCE: South 65°20'11" West along the South line of this tract and
the North right-of-way line of said State Highway No. 146 for a
distance of 756.46 feet to the PLACE OF BEGINNING and containing
within these boundaries 28.5456 acres of land.
TRACT 3
FIELD NOTES of a 180.9042 acre tract of land situated in the William
Scott Lower League, Abstract No. 65, Harris County, Texas, and
being out of and a part of a 1541 acre tract of land conveyed to
Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated
November 29, 1935, and recorded in Volume 996 at Page 379 of the
Deed Records of Harris County, Texas. This 180.9042 acre tract of
land is more particularly described by metes and bounds as follows,
to-wit:
NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR =
0.9998389.
COMMENCING at a 2 inch iron pipe for the Northeast corner of a
1.5116 acre tract of land called Tract 2 conveyed to Jack A. Howard,
et al, by Robert O. Busch, et al, by Deed dated March 15, 1978, and
recorded at County Clerk's file No. F530458 of the Official Public
Records of Real Property of Harris County, Texas, and in the South
right-of-way line of State Highway No. 146, 200 foot wide
right-of-way. Said COMMENCING POINT has a State Plane Coordinate
Value of N=13,830,522.01 and E=3,247,084.46.
THENCE: South 16°07'47" West along the East line of said 1.5116
acres for a distance of 677.44 feet to a 2-1/2 inch metal post for
the Northwest corner and POINT OF BEGINNING of this tract.
THENCE: South 89°15'51" East along the North line of this tract for
a distance of 1329.80 feet to a point for the Northeast corner of
this tract.
THENCE: South 00°44'09" West along the East line of this tract for a
distance of 2982.46 feet to a point for an angle point in said East
line.
THENCE: South 19°20'00" West along the East line of this tract for a
distance of 1000.68 feet to a point for an angle point in said East
line.
THENCE: South 31°08'04" West along the East line of this tract for a
distance of 908.34 feet to a point in the North right-of-way line of
Evergreen Road (60 feet wide right-of-way) for the Southeast corner
of this tract.
THENCE: North 58°51'56" West along the Easternmost South line of
this tract and the North right-of-way line of Evergreen Road for a
distance of 409.49 feet to a 1/2 inch iron rod, with cap, for the
BEGINNING POINT of a curve to the right, concave Northeast.
THENCE: Along and around said curve, in a Northwesterly direction,
with the Easternmost South line of this tract of land and the
Northeast right-of-way line of Evergreen Road, said curve having a
central angle of 15°59'48", a radius of 789.20 feet, and a chord
bearing and distance of North 50°50'40" West 219.63 feet, for an arc
length of 220.34 feet to a 1/2 inch iron rod for the TERMINATION
POINT of said curve.
THENCE: North 42°52'16" West along the Easternmost South line of
this tract of land and the Northeast right-of-way line of Evergreen
Road for a distance of 685.33 feet to a 1/2 inch iron rod for the
BEGINNING POINT of a curve to the left, concave Southwest.
THENCE: Along and around said curve to the left, in a Northerly
direction, with the Easternmost South line of this tract of land and
the Northeast right-of-way line of Evergreen Road, said curve
having a central angle of 03°08'33", a radius of 6814.28 feet, and a
chord bearing and distance of North 44°27'42" West 373.68 feet, for
an arc length of 373.73 feet, to a 1/2 inch iron rod for the
TERMINATION POINT of said curve.
THENCE: North 46°00'58" West along the Easternmost South line of
this tract of land and the Northeast right-of-way line of Evergreen
Road for a distance of 531.26 feet to a 1/2 inch iron rod, with cap,
for the Southernmost Southwest corner of this tract of land and the
Southeast corner of an 80 acre tract of land conveyed to Bill W.
Nance by Alvie Wright Nance, by Deed dated October 22, 1996, and
recorded under County Clerk's File No. S210455 of the Official
Public Records of Real Property of Harris County, Texas.
THENCE: North 50°36'12" East along the Southernmost West line of
this tract of land and the East line of said 80 acre tract of land,
and at 2.37 feet pass a 4 inch pipe fence corner post, continuing
along said line and a barb wire fence a total distance of 536.04
feet to a 2 inch iron pipe for an interior corner of this tract of
land and an angle corner of said 80 acre tract of land.
THENCE: North 54°45'13" West along the Westernmost South line of
this tract and an exterior line of said 80 acre tract, and along a
barb wire fence, for a distance of 293.16 feet to a 1/2 inch iron
rod, with cap, for the Westernmost Southwest corner of this tract.
THENCE: In a Northerly direction along the Northernmost West line
of this tract of land and the East line of said 80 acre tract of
land, and a barb wire fence line the following courses and
distances:
North 16°15'01" East for a distance of 1171.99 feet to a 2 inch
iron pipe;
North 43°11'17" East for a distance of 341.17 feet to a 2 inch
iron pipe;
North 18°00'45" East for a distance of 481.29 feet to a 1/2
inch iron rod, with cap;
North 15°59'25" East for a distance of 927.59 feet to the
PLACE OF BEGINNING and containing within these boundaries 180.9042
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. (a) Section 8318.106, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 8318, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 8318.106 to read as follows:
Sec. 8318.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Subsection (c),
Section 17, Article I, Texas Constitution.
SECTION 5. Except as provided by Section 4 of this Act, this
Act takes effect September 1, 2011.