Texas 2013 - 83rd Regular

Texas Senate Bill SB1859 Compare Versions

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1	1	By: Huffman S.B. No. 1859
2	2	(Murphy)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Harris County Municipal Utility
7	7	District No. 529; granting a limited power of eminent domain;
8	8	providing authority to issue bonds; providing authority to impose
9	9	assessments, fees, and taxes.
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 8444 to read as follows:
13	13	CHAPTER 8444. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 529
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8444.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Harris County Municipal
21	21	Utility District No. 529.
22	22	Sec. 8444.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8444.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 8444.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 8444.003
31	31	until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district.
35	35	Sec. 8444.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	36	(a) The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of a
38	38	municipal utility district as provided by general law and Section
39	39	59, Article XVI, Texas Constitution.
40	40	Sec. 8444.006. INITIAL DISTRICT TERRITORY. (a) The
41	41	district is initially composed of the territory described by
42	42	Section 2 of the Act enacting this chapter.
43	43	(b) The boundaries and field notes contained in Section 2 of
44	44	the Act enacting this chapter form a closure. A mistake made in the
45	45	field notes or in copying the field notes in the legislative process
46	46	does not affect the district's:
47	47	(1) organization, existence, or validity;
48	48	(2) right to issue any type of bond for the purposes
49	49	for which the district is created or to pay the principal of and
50	50	interest on a bond;
51	51	(3) right to impose a tax; or
52	52	(4) legality or operation.
53	53	SUBCHAPTER B. BOARD OF DIRECTORS
54	54	Sec. 8444.051. GOVERNING BODY; TERMS. (a) The district is
55	55	governed by a board of five elected directors.
56	56	(b) Except as provided by Section 8444.052, directors serve
57	57	staggered four-year terms.
58	58	Sec. 8444.052. TEMPORARY DIRECTORS. (a) The temporary
59	59	board consists of:
60	60	(1) Joseph Forrester;
61	61	(2) Eric Willis;
62	62	(3) George Kaleh;
63	63	(4) Jennifer Montgomery; and
64	64	(5) Dan Quinlan.
65	65	(b) Temporary directors serve until the earlier of:
66	66	(1) the date permanent directors are elected under
67	67	Section 8444.003; or
68	68	(2) the fourth anniversary of the effective date of
69	69	the Act enacting this chapter.
70	70	(c) If permanent directors have not been elected under
71	71	Section 8444.003 and the terms of the temporary directors have
72	72	expired, successor temporary directors shall be appointed or
73	73	reappointed as provided by Subsection (d) to serve terms that
74	74	expire on the earlier of:
75	75	(1) the date permanent directors are elected under
76	76	Section 8444.003; or
77	77	(2) the fourth anniversary of the date of the
78	78	appointment or reappointment.
79	79	(d) If Subsection (c) applies, the owner or owners of a
80	80	majority of the assessed value of the real property in the district
81	81	may submit a petition to the commission requesting that the
82	82	commission appoint as successor temporary directors the five
83	83	persons named in the petition. The commission shall appoint as
84	84	successor temporary directors the five persons named in the
85	85	petition.
86	86	SUBCHAPTER C. POWERS AND DUTIES
87	87	Sec. 8444.101. GENERAL POWERS AND DUTIES. The district has
88	88	the powers and duties necessary to accomplish the purposes for
89	89	which the district is created.
90	90	Sec. 8444.102. MUNICIPAL UTILITY DISTRICT POWERS AND
91	91	DUTIES. The district has the powers and duties provided by the
92	92	general law of this state, including Chapters 49 and 54, Water Code,
93	93	applicable to municipal utility districts created under Section 59,
94	94	Article XVI, Texas Constitution.
95	95	Sec. 8444.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
96	96	OR RESOLUTION. The district shall comply with all applicable
97	97	requirements of any ordinance or resolution that is adopted under
98	98	Section 54.016 or 54.0165, Water Code, and that consents to the
99	99	creation of the district or to the inclusion of land in the
100	100	district.
101	101	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
102	102	Sec. 8444.151. ELECTIONS REGARDING TAXES OR BONDS.
103	103	(a) The district may issue, without an election, bonds and other
104	104	obligations secured by:
105	105	(1) revenue other than ad valorem taxes; or
106	106	(2) contract payments described by Section 8444.153.
107	107	(b) The district must hold an election in the manner
108	108	provided by Chapters 49 and 54, Water Code, to obtain voter approval
109	109	before the district may impose an ad valorem tax or issue bonds
110	110	payable from ad valorem taxes.
111	111	Sec. 8444.152. OPERATION AND MAINTENANCE TAX. (a) If
112	112	authorized at an election held under Section 8444.151, the district
113	113	may impose an operation and maintenance tax on taxable property in
114	114	the district in accordance with Section 49.107, Water Code.
115	115	(b) The board shall determine the tax rate. The rate may not
116	116	exceed the rate approved at the election.
117	117	Sec. 8444.153. CONTRACT TAXES. (a) In accordance with
118	118	Section 49.108, Water Code, the district may impose a tax other than
119	119	an operation and maintenance tax and use the revenue derived from
120	120	the tax to make payments under a contract after the provisions of
121	121	the contract have been approved by a majority of the district voters
122	122	voting at an election held for that purpose.
123	123	(b) A contract approved by the district voters may contain a
124	124	provision stating that the contract may be modified or amended by
125	125	the board without further voter approval.
126	126	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
127	127	Sec. 8444.201. AUTHORITY TO ISSUE BONDS AND OTHER
128	128	OBLIGATIONS. The district may issue bonds or other obligations
129	129	payable wholly or partly from ad valorem taxes, impact fees,
130	130	revenue, contract payments, grants, or other district money, or any
131	131	combination of those sources, to pay for any authorized district
132	132	purpose.
133	133	Sec. 8444.202. TAXES FOR BONDS. At the time the district
134	134	issues bonds payable wholly or partly from ad valorem taxes, the
135	135	board shall provide for the annual imposition of a continuing
136	136	direct ad valorem tax, without limit as to rate or amount, while all
137	137	or part of the bonds are outstanding as required and in the manner
138	138	provided by Sections 54.601 and 54.602, Water Code.
139	139	SECTION 2. The Harris County Municipal Utility District No.
140	140	529 initially includes all the territory contained in the following
141	141	area:
142	142	TRACT 1
143	143	BEING a 54.22 acre tract of land situated in the Joel Wheaton
144	144	Survey, A-80, City of Houston, Harris County, Texas, being out of
145	145	Lot 3 of Bringhurst Subdivision an unrecorded subdivision and being
146	146	all or part of the following ten (10) tracts of land: a called
147	147	18.4965 acre tract described and recorded under Harris County
148	148	Clerk's File Number (H.C.C.F. No.) V502562, a called 2.9313 acre
149	149	tract described and recorded under H.C.C.F. No. Z195460, a called
150	150	2.9228 acre tract described and recorded under H.C.C.F. No.
151	151	Z162927, a called 3.5932 acre tract described as Tract 1, a called
152	152	3.000 acre tract described as Tract 2, a called 4.0403 acre tract
153	153	described as Tract 4 all three recorded under H.C.C.F. No. Z167404,
154	154	a called 8.211 acre tract described and recorded under H.C.C.F. No.
155	155	Z023414, a called 3.4341 acre tract described and recorded under
156	156	H.C.C.F. No. V374135, a called 8.2113 acre tract described and
157	157	recorded under H.C.C.F. No. Y751625 and a called 3.4341 acre tract
158	158	described and recorded under H.C.C.F. No. Z023415, said 54.22 acre
159	159	tract being more particularly described by metes and bounds as
160	160	follows;
161	161	BEGINNING at a 3/4-inch iron pipe found for the southwest
162	162	corner of said 18.4965 acre tract and the southeast corner of a
163	163	called 21.8525 acre tract described and recorded under H.C.C.F. No.
164	164	20110402697 and being in the northern right-of-way line of
165	165	Westheimer Road (120-foot wide) as shown on the plat recorded in
166	166	Volume 331, Page 4 of the Harris County Map Records (H.C.M.R.)
167	167	THENCE, N 01° 42' 00" W, a distance of 2,092.45 feet (Called
168	168	SOUTH 2092.35 feet per H.C.C.F. No. V502562) along the line common
169	169	to said 18.4965 acre tract and said 21.8525 acre tract to a 3/4-inch
170	170	iron rod found for the most southerly southwest corner of LAKES OF
171	171	PARKWAY SEC. 17 as shown on the plat recorded at Film Code No.
172	172	563202 of the H.C.M.R. and being the northwest corner of the herein
173	173	described tract;
174	174	THENCE, N 87° 24' 19" E, a distance of 502.67 feet (Called S
175	175	89°05'17" W 502.62 feet per H.C.C.F. No. V502562) along the line
176	176	common to said 18.4965 acre tract and said LAKES OF PARKWAY SEC. 17
177	177	and LAKES OF PARKWAY SEC. 14 as shown on the plat recorded at Film
178	178	Code No. 540188 of the H.C.M.R. to a 1/2-inch iron pipe with cap
179	179	stamped BROWN & GAY set for the northeast corner of said 18.4965
180	180	acre tract and being in the west line of said called 8.2113 acre
181	181	tract described and recorded under H.C.C.F. No. Y751625;
182	182	THENCE, N 02° 05' 46" W, a distance of 515.73 feet (Called N
183	183	00°05'15" E per H.C.C.F. No. Y751625) along the line common to said
184	184	8.2113 acre tract and said LAKES OF PARKWAY SEC. 14 to a 5/8-inch
185	185	iron rod found for the southwest corner of SAN BRISAS APARTMENTS
186	186	REPLAT NO. 1 as shown on the plat recorded at Film Code No. 571150 of
187	187	the H.C.M.R.;
188	188	THENCE, N 87° 55' 42" E, a distance of 448.11 feet (Called S
189	189	89°53'17" E 448.11 feet per H.C.C.F. No. Y751625) along the line
190	190	common to said 8.2113 acre tract and said SAN BRISAS APARTMENTS
191	191	REPLAT NO. 1 to a 5/8-inch iron rod found for corner and being in the
192	192	west line of said called 3.4341 acre tract described and recorded
193	193	under H.C.C.F. No. Z023415;
194	194	THENCE, N 02° 04' 17" W, a distance of 136.30 feet along the
195	195	line common to said 3.4341 acre tract and said SAN BRISAS APARTMENTS
196	196	REPLAT NO. 1 to a 5/8-inch iron rod with cap stamped EHRA
197	197	713-784-4500 found for the southwest corner of a called 1.0000 acre
198	198	tract described and recorded under H.C.C.F. No. U668014 and the
199	199	northwest corner of said 3.4341 acre tract;
200	200	THENCE, N 87° 29' 27" E, a distance of 520.39 feet (Called N
201	201	89°42'32" E 520.60 feet per H.C.C.F. No. Z023415) along the line
202	202	common to said 3.4341 acre tract and said 1.0000 acre tract to a
203	203	5/8-inch iron rod with cap stamped EHRA 713-784-4500 found for the
204	204	common eastern corners of said tracts and being in the west line of
205	205	RORICK PLACE as shown on the plat recorded at Film Code No. 468117
206	206	of the H.C.M.R.;
207	207	THENCE, S 02° 07' 56" E, a distance of 287.70 feet (Called S
208	208	00°02'40" W 287.26 feet per H.C.C.F. No. Z023415) along the line
209	209	common to said 3.4341 acre tract and said RORICK PLACE and ELDRIDGE
210	210	LAND, LLC as shown on the plat recorded at Film Code No. 456014 of
211	211	the H.C.M.R. to a 5/8-inch iron rod found for the southeast corner
212	212	of said 3.4341 acre tract and being in the north line of ELDRIDGE
213	213	APARTMENTS as shown on the plat recorded at Film Code No. 522292 of
214	214	the H.C.M.R.;
215	215	THENCE, S 87° 32' 02" W, a distance of 520.69 feet (Called S
216	216	89°42'32" W 520.93 feet per H.C.C.F. No. Z023415) along the line
217	217	common to said 3.4341 acre tract and said ELDRIDGE APARTMENTS to a
218	218	1/2-inch iron pipe with cap stamped BROWN & GAY set for an interior
219	219	ell corner of the herein described tract and being in the east line
220	220	of the afore mentioned 8.2113 acre tract;
221	221	THENCE, S 02° 04' 17" E, a distance of 573.71 feet (Called S
222	222	00°06'43" W per H.C.C.F. No. Y751625) along the line common to said
223	223	8.2113 acre tract and said ELDRIDGE APARTMENTS to a Nail with shiner
224	224	found for the northwest corner of said 3.4341 acre tract described
225	225	and recorded under H.C.C.F. No. V374135;
226	226	THENCE, N 87° 32' 02" E, a distance of 521.29 feet (Called N
227	227	89°42'32" E 521.61 feet per H.C.C.F. No. V374135) along the line
228	228	common to said 3.4341 acre tract and said ELDRIDGE APARTMENTS to a
229	229	1/2-inch iron rod found for the northeast corner of said 3.4341 acre
230	230	tract and being in the west line of Rincon Drive (60-foot wide) as
231	231	shown on the plat recorded at Film Code No. 408056 of the H.C.M.R.;
232	232	THENCE, S 02° 07' 48" E, a distance of 286.10 feet (Called S
233	233	00°02'40" W 286.70 feet per H.C.C.F. No. V374135) along the east
234	234	line of said 3.4341 acre tract and the west line of said Rincon
235	235	Drive and the west line of CONCIERGE CARE PARTIAL REPLAT as shown on
236	236	the plat recorded at Film Code No. 421008 of the H.C.M.R. to a
237	237	5/8-inch iron rod found for the northeast corner of a called 3.4341
238	238	acre tract described and recorded under H.C.C.F. No. X753041;
239	239	THENCE, S 87° 31' 32" W, a distance of 521.58 feet (Called S
240	240	89°42'32" W 521.95 feet per H.C.C.F. No. V374135) along the line
241	241	common to the two said 3.4341 acre tracts to a 1/2-inch iron pipe
242	242	with cap stamped BROWN & GAY set for the west corner common to said
243	243	3.4341 acre tracts and being in the east line of said called 8.211
244	244	acre tract described and recorded under H.C.C.F. No. Z023414;
245	245	THENCE, S 02° 04' 17" E, a distance of 579.26 feet (Called S
246	246	00°06'43" W per H.C.C.F. No. Z023414) along the line common to said
247	247	8.211 acre tract and said 3.4341 acre tract and a called 3.433 acre
248	248	tract to a 1/2-inch iron pipe with cap stamped BROWN & GAY set for
249	249	the southeast corner of said 8.211 acre tract and being in the north
250	250	line of said called 4.0403 acre tract described and recorded under
251	251	H.C.C.F. No. Z167404;
252	252	THENCE, S 04° 05' 23" E, a distance of 27.97 feet to a MAG Nail
253	253	in asphalt road found for the northwest corner of a called 3.59 acre
254	254	tract described and recorded under H.C.C.F. No. 20100549644;
255	255	THENCE, S 01° 59' 03" E, a distance of 330.00 feet (Called S
256	256	00°41'03" W 330.01 feet per H.C.C.F. No. Z167404) along the line
257	257	common to said 3.59 acre tract and said 4.0403 acre tract to a MAG
258	258	Nail found in asphalt road for the southwest corner of said 3.59
259	259	acre tract and southeast corner of said 4.0403 acre tract;
260	260	THENCE, S 87° 25' 08" W, a distance of 20.00 feet to a 5/8-inch
261	261	iron rod with cap stamped BENCHMARK ENGR. found for the northeast
262	262	corner of said 3.000 acre tract;
263	263	THENCE, S 01° 59' 03" E, a distance of 305.61 feet (Called S
264	264	00°41'03" W 305.62 feet per H.C.C.F. No. Z167404) along the east
265	265	line of said 3.000 acre tract to 1/2-inch iron pipe with cap stamped
266	266	BROWN & GAY set for the southeast corner of said 3.000 acre tract;
267	267	THENCE, N 87° 25' 08" E, a distance of 20.00 feet to a MAG Nail
268	268	found in asphalt road for the northeast corner of said 3.5932 acre
269	269	tract;
270	270	THENCE, S 01° 59' 03" E, a distance of 101.16 feet (Called S
271	271	00° 41' 03" W, per H.C.C.F. No. Z167404) along the line common to
272	272	said 3.5932 acre tract and a called 2.8470 acre tract described as
273	273	Tract III and a called 0.7462 acre tract described as Tract II, both
274	274	recorded under H.C.C.F. No. 20090486602 to a 1/2-inch iron pipe
275	275	with cap stamped BROWN & GAY set for the southeast corner of the
276	276	herein described tract;
277	277	THENCE, S 87° 27' 48" W, a distance of 659.02 feet over and
278	278	across said 3.5932 acre tract and said 2.9228 acre tract to a
279	279	1/2-inch iron pipe with cap stamped BROWN & GAY set for corner;
280	280	THENCE, S 02° 21' 27" E, a distance of 250.00 feet (Called N
281	281	00° 30' 35" E, per H.C.C.F. No. Z162927) to a 5/8-inch iron rod found
282	282	for the southwest corner of said 2.9228 acre tract and the southeast
283	283	corner of a called 2.9313 acre tract described and recorded under
284	284	H.C.C.F. No. Z195460 and being in the northern right-of-way line of
285	285	said Westheimer Road;
286	286	THENCE, S 87° 27' 48" W, a distance of 306.23 feet (Called N
287	287	89°11'42" E per H.C.C.F. No. V502562) along the northern
288	288	right-of-way line of said Westheimer Road to the POINT OF BEGINNING
289	289	and containing 54.22 acres of land.
290	290	TRACT 2
291	291	A METES AND BOUNDS description of a certain 38.83 acre tract
292	292	of land situated in the Joel Wheaton Survey, Abstract No. 80 in
293	293	Harris County, Texas; being a portion of a called 67.8 acre tract
294	294	conveyed to The Restelle Company by Instruments recorded in Clerks
295	295	File Nos G898468 and G898470, both of the Harris County Official
296	296	Public Records of Real Property; said 38.83 acre tract being more
297	297	particularly described as follows with all bearings being based on
298	298	the Texas Coordinate System, South Central Zone, NAD 83:
299	299	BEGINNING at a 5/8-inch iron rod found being the southeast
300	300	corner of Westheimer At Eldridge Center recorded in Film Code No.
301	301	388053, Harris County Map Records, also being in the north
302	302	right-of-way of Westheimer Road (based on a width of 120 feet);
303	303	THENCE, North 01°58'37" West, 3017.39 feet to a 5/8-inch iron
304	304	rod (with cap stamped "Cotton Surveying") set being in the east line
305	305	of Replat Parkway Plaza Section Two recorded in Film Code No.
306	306	355131, Harris County Map Records;
307	307	THENCE, North 88°01'23" East, 855.00 feet over and across said
308	308	67.8 acre tract to a 5/8-inch iron rod (with cap stamped "Cotton
309	309	Surveying") set being in the west line of Gentryside Townhomes
310	310	recorded in Film Code No. 515264, Harris County Map Records;
311	311	THENCE, South 01°44'06" East, 851.35 feet to a 5/8-inch iron
312	312	rod (with cap stamped "Cotton Surveying") set being the southwest
313	313	corner of Lot 8, Block 6, out of Reflections Section 1 recorded in
314	314	Volume 293, Page 102, Harris County Map Records;
315	315	THENCE, South 87°23'56" West, 399.90 feet to a 5/8-inch iron
316	316	rod (with cap stamped "Cotton Surveying") set being the northwest
317	317	corner of Lot 1, Block 6 out of said Reflections Section 1;
318	318	THENCE, South 01°39'27" East, 2157.43 feet to a 5/8-inch iron
319	319	rod (with cap stamped "Cotton Surveying") set being the southwest
320	320	corner of Reserve "A" out of said Reflections Section 1, also being
321	321	in the aforementioned north right-of-way;
322	322	THENCE, South 87°27'49" West, 439.52 feet to the POINT OF
323	323	BEGINNING, CONTAINING 38.83 acres of land in Harris County, Texas
324	324	as shown on Drawing No. 7859 (OS) A in the office of Cotton
325	325	Surveying Company in Houston, Texas.
326	326	SECTION 3. (a) The legal notice of the intention to
327	327	introduce this Act, setting forth the general substance of this
328	328	Act, has been published as provided by law, and the notice and a
329	329	copy of this Act have been furnished to all persons, agencies,
330	330	officials, or entities to which they are required to be furnished
331	331	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
332	332	Government Code.
333	333	(b) The governor, one of the required recipients, has
334	334	submitted the notice and Act to the Texas Commission on
335	335	Environmental Quality.
336	336	(c) The Texas Commission on Environmental Quality has filed
337	337	its recommendations relating to this Act with the governor, the
338	338	lieutenant governor, and the speaker of the house of
339	339	representatives within the required time.
340	340	(d) All requirements of the constitution and laws of this
341	341	state and the rules and procedures of the legislature with respect
342	342	to the notice, introduction, and passage of this Act are fulfilled
343	343	and accomplished.
344	344	SECTION 4. (a) If this Act does not receive a two-thirds
345	345	vote of all the members elected to each house, Subchapter C, Chapter
346	346	8444, Special District Local Laws Code, as added by Section 1 of
347	347	this Act, is amended by adding Section 8444.104 to read as follows:
348	348	Sec. 8444.104. NO EMINENT DOMAIN POWER. The district may
349	349	not exercise the power of eminent domain.
350	350	(b) This section is not intended to be an expression of a
351	351	legislative interpretation of the requirements of Subsection (c),
352	352	Section 17, Article I, Texas Constitution.
353	353	SECTION 5. This Act takes effect immediately if it receives
354	354	a vote of two-thirds of all the members elected to each house, as
355	355	provided by Section 39, Article III, Texas Constitution. If this
356	356	Act does not receive the vote necessary for immediate effect, this
357	357	Act takes effect September 1, 2013.