Texas 2015 - 84th Regular

Texas House Bill HB4165 Compare Versions

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Version 2 (New)

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1	1	84R7296 TSR-F
2	2	By: Schofield H.B. No. 4165
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. 545; 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 7911 to read as follows:
13	13	CHAPTER 7911. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 545
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 7911.001. 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. 545.
22	22	Sec. 7911.002. 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. 7911.003. 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. 7911.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 7911.003
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. 7911.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
36	36	The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 7911.006. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 7911.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 7911.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 7911.052. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act enacting this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the commission requesting that
66	66	the commission appoint as temporary directors the five persons
67	67	named in the petition. The commission shall appoint as temporary
68	68	directors the five persons named in the petition.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 7911.003; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act enacting this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 7911.003 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 7911.003; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 7911.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 7911.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 7911.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 7911.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
106	106	project must meet all applicable construction standards, zoning and
107	107	subdivision requirements, and regulations of each municipality in
108	108	whose corporate limits or extraterritorial jurisdiction the road
109	109	project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 7911.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of any ordinance or resolution that is adopted under
121	121	Section 54.016 or 54.0165, Water Code, and that consents to the
122	122	creation of the district or to the inclusion of land in the
123	123	district.
124	124	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	125	Sec. 7911.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
126	126	district may issue, without an election, bonds and other
127	127	obligations secured by:
128	128	(1) revenue other than ad valorem taxes; or
129	129	(2) contract payments described by Section 7911.153.
130	130	(b) The district must hold an election in the manner
131	131	provided by Chapters 49 and 54, Water Code, to obtain voter approval
132	132	before the district may impose an ad valorem tax or issue bonds
133	133	payable from ad valorem taxes.
134	134	(c) The district may not issue bonds payable from ad valorem
135	135	taxes to finance a road project unless the issuance is approved by a
136	136	vote of a two-thirds majority of the district voters voting at an
137	137	election held for that purpose.
138	138	Sec. 7911.152. OPERATION AND MAINTENANCE TAX. (a) If
139	139	authorized at an election held under Section 7911.151, the district
140	140	may impose an operation and maintenance tax on taxable property in
141	141	the district in accordance with Section 49.107, Water Code.
142	142	(b) The board shall determine the tax rate. The rate may not
143	143	exceed the rate approved at the election.
144	144	Sec. 7911.153. CONTRACT TAXES. (a) In accordance with
145	145	Section 49.108, Water Code, the district may impose a tax other than
146	146	an operation and maintenance tax and use the revenue derived from
147	147	the tax to make payments under a contract after the provisions of
148	148	the contract have been approved by a majority of the district voters
149	149	voting at an election held for that purpose.
150	150	(b) A contract approved by the district voters may contain a
151	151	provision stating that the contract may be modified or amended by
152	152	the board without further voter approval.
153	153	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	154	Sec. 7911.201. AUTHORITY TO ISSUE BONDS AND OTHER
155	155	OBLIGATIONS. The district may issue bonds or other obligations
156	156	payable wholly or partly from ad valorem taxes, impact fees,
157	157	revenue, contract payments, grants, or other district money, or any
158	158	combination of those sources, to pay for any authorized district
159	159	purpose.
160	160	Sec. 7911.202. TAXES FOR BONDS. At the time the district
161	161	issues bonds payable wholly or partly from ad valorem taxes, the
162	162	board shall provide for the annual imposition of a continuing
163	163	direct ad valorem tax, without limit as to rate or amount, while all
164	164	or part of the bonds are outstanding as required and in the manner
165	165	provided by Sections 54.601 and 54.602, Water Code.
166	166	Sec. 7911.203. BONDS FOR ROAD PROJECTS. At the time of
167	167	issuance, the total principal amount of bonds or other obligations
168	168	issued or incurred to finance road projects and payable from ad
169	169	valorem taxes may not exceed one-fourth of the assessed value of the
170	170	real property in the district.
171	171	SECTION 2. The Harris County Municipal Utility District No.
172	172	545 initially includes all the territory contained in the following
173	173	area:
174	174	TRACT 1
175	175	Being a 375.4904 acre tract of land located in the Alex
176	176	Gulliver Survey, A-287, Harris County, Texas; said 375.490 acre
177	177	tract being all of Parcel 2 and part of Parcel 1 of those certain
178	178	tracts of land conveyed to Browning-Ferris, Inc. in Clerk's File
179	179	No. J423478 of the Official Public Records of Real Property of
180	180	Harris County (O.P.R.R.P.H.C.); said 375.4904 acre tract being more
181	181	particularly described by metes and bounds as follows:
182	182	BEGINNING at a 2 inch iron pipe found marking the South East
183	183	corner of said Parcel 2 and this 375.4904 acre tract, said iron pipe
184	184	also being at the west right-of-way line of Katy-Hockley Road (60
185	185	ROW) with the south line of said Alex Gulliver Survey (Texas State
186	186	Plane Grid Coordinate - N 13,901,376.95, E 2,979,348.81) from which
187	187	a 6"x8" wood post bears 3.4' South and 1' West and a 6"x8" wood post
188	188	bears 9.8' North and 7.4' West;
189	189	THENCE with the South line of said Parcel 2 and said Alex
190	190	Gulliver Survey S 87° 45' 04" W (call N 89° 35' 30" W), a distance of
191	191	3693.56 feet (call 3693.5') to a 5/8 inch iron rod found marking the
192	192	South West corner of said Parcel 2 and this 375.4904 acre tract from
193	193	which a found 2 inch iron pipe bears 0.3 feet South and 1.1 feet West
194	194	and a 10" wood post bears 0.4' North and 0.7' East and a 6"x6" post
195	195	bears 7.0' North;
196	196	THENCE with the West line of said Parcel 1 and Parcel 2 N 02°
197	197	39' 32" W (call North); passing at 3543.85 feet a 5/8 inch rod found
198	198	on line; for a total distance of 3738.68 feet to a point marking the
199	199	most Westerly Northwest corner of this 375.4904 acre tract and the
200	200	center of Cypress Creek from which a found 5/8 inch iron rod on the
201	201	South right-of-way line of Jack Road bears N 02° 39' 32" W -
202	202	7855.85';
203	203	THENCE in a Northeasterly direction following the centerline
204	204	of Cypress Creek as follows;
205	205	N 77° 15' 48" E a distance of 101.67';
206	206	N 44° 09' 12" E a distance of 364.36';
207	207	N 52° 36' 41" E a distance of 96.99';
208	208	N 69° 47' 56" E a distance of 257.30';
209	209	N 70° 28' 26" E a distance of 40.96';
210	210	N 60° 01' 08" E a distance of 306.21;
211	211	N 34° 02' 48" E a distance of 206.56';
212	212	N 54° 45' 52" E a distance of 379.68';
213	213	S 87° 13' 46" E a distance of 304.19';
214	214	N 60° 37' 56" E a distance of 202.01';
215	215	N 72° 51' 00" E a distance of 123.01';
216	216	N 75° 04' 09" E a distance of 106.47';
217	217	S 82° 54' 21" E a distance of 217.72';
218	218	N 67° 26' 24" E a distance of 43.87';
219	219	N 44° 46' 22" E a distance of 22.16';
220	220	N 27° 45' 53" E a distance of 146.73';
221	221	N 10° 34' 30" E a distance of 107.54';
222	222	N 04° 41' 58" E a distance of 155.90';
223	223	N 10° 17' 33" W a distance of 109.20';
224	224	N 19° 34' 23" W a distance of 96.97';
225	225	N 13° 40' 48" E a distance of 78.84';
226	226	N 42° 29' 48" E a distance of 94.79';
227	227	N 44° 24' 16" E a distance of 185.03;
228	228	N 68° 38' 22" E a distance of 54.86';
229	229	N 87° 07' 41" E a distance of 102.87';
230	230	S 75° 42' 29" E a distance of 88.44';
231	231	S 59° 29' 38" E a distance of 143.78';
232	232	S 44° 01' 53" E a distance of 268.54';
233	233	S 57° 21' 29" E a distance of 73.29';
234	234	S 81° 34' 10" E a distance of 106.15';
235	235	N 58° 07' 34" E a distance of 185.00';
236	236	N 67° 38' 05" E a distance of 91.09 feet to the Northeast
237	237	corner of this 375.4904 acre tract;
238	238	THENCE leaving the centerline of Cypress Creek and following
239	239	the West line of said Katy-Hockley Road S 02° 40' 13" E (call South);
240	240	passing at 78.03 feet a 5/8 inch iron rod with cap set on line; for a
241	241	total distance of 406.03 feet to a bent 5/8 inch iron rod found at an
242	242	offset in the West line of said road;
243	243	THENCE N 88° 51' 46" E (call East) a distance of 19.92 feet
244	244	(call 20.00') to a found 5/8 inch iron rod in the West line of said
245	245	Katy-Hockley Road;
246	246	THENCE with the West line of said Katy-Hockley Road S 02° 09'
247	247	39" E (call South) a distance of 8.28 feet (call 8.25') to a set 5/8
248	248	inch iron rod with cap marking the North East corner of that certain
249	249	27.84 acre conservation easement conveyed to Wetland Habitat
250	250	Alliance of Texas, Inc. in Clerk's File No. Z224251 of the Harris
251	251	County Clerk's File (HCCF) from which a 6"x8" wood post bears 0.1'
252	252	North and 5.3' West;
253	253	THENCE along the North line of said 27.84 acre tract N 89° 16'
254	254	47" W (call N 89° 16' 46" W) a distance of 481.38 feet to a set 5/8
255	255	inch iron rod with cap for a corner;
256	256	THENCE along the North line of said 27.84 acre tract S 89° 25'
257	257	12" W (call S 89° 24' 54" W) a distance of 445.28 feet to a set 5/8
258	258	inch iron rod with cap for a corner;
259	259	THENCE along the Westerly line of said 27.84 acre tract S 26°
260	260	10' 39" W (call S 26° 10' 48" W) a distance of 770.56 feet to a found
261	261	6 inch metal fence post for a corner;
262	262	THENCE along the West line of said 27.84 acre tract S 10° 38'
263	263	48" E (call S 10° 38' 39" E) a distance of 391.77 feet to a set 5/8
264	264	inch iron rod with cap marking the Southwest corner of said 27.84
265	265	acre tract from which a 6 inch fence post bears 0.6' North and 0.6'
266	266	East;
267	267	THENCE along the South line of said 27.84 acre tract N 86° 26'
268	268	48" E (call N 86° 27' 01" E) a distance of 1242.91 (call 1242.97')
269	269	feet to a set 5/8 inch iron rod with cap marking the Southeast
270	270	corner of said 27.84 acre tract on the West line of said
271	271	Katy-Hockley Road from which a 4" wood post bears 0.2' North and
272	272	1.1' East;
273	273	THENCE with the West line of said Katy-Hockley Road and said
274	274	Parcels 1 and Parcel 2 S 02° 39' 32" E (call South) a distance of
275	275	4007.75 feet to the POINT OF BEGINNING. Bearings based on Texas
276	276	Coordinate System NAD 83 (SCZ).
277	277	TRACT 2
278	278	Being 131.7873 acres of land situated partially in the Alex
279	279	Gulliver Survey, Abstract No. 287 and partially within the Thomas
280	280	Coghill Survey, Abstract No. 203, Harris County, Texas, and being
281	281	all of that certain called 131.8340 acre tract of land as conveyed
282	282	to James M. Meley, by deed, recorded under Harris County Clerk's
283	283	File No. P295053, on June 17, 1993. Said 131.7873 acre tract being
284	284	more fully described by metes and bounds as follows:
285	285	All bearings referenced herein are based on the Texas State
286	286	Plane Coordinate System, Texas South Central Zone.
287	287	COMMENCING at a 1/2 inch iron rod inside of a 2 inch iron pipe
288	288	found for the southeasterly boundary corner of that certain called
289	289	375.4904 acre tract of land as conveyed to Cunningham Interests II,
290	290	Ltd., by deed, recorded under Harris County Clerk's File
291	291	No. 20110540938, on December 21, 2011, and being the northeasterly
292	292	boundary corner of that certain called 440.7637 acre tract of land
293	293	as conveyed to Harris County Flood Control District, by deed,
294	294	recorded under Harris County Clerk's File No. V437474, on October
295	295	31, 2001, also being located in the westerly right-of-way line of
296	296	Katy - Hockley Road, based on a width of 60 feet;
297	297	THENCE South 87°45'10" West, along the common boundary line
298	298	between the said 375.4904 acre tract and the said 440.7637 acre
299	299	tract, for a distance of 3,693.56 feet, to a 5/8 inch iron rod found
300	300	for the POINT OF BEGINNING of the herein described tract of land;
301	301	THENCE South 87°45'10" West, continuing along the northerly
302	302	boundary line of the said 440.7637 acre tract of land, for a
303	303	distance of 1,644.87 feet, to a 5/8 inch iron rod found for corner,
304	304	said iron rod being the southeasterly boundary corner of that
305	305	certain called 50.9771 acre tract as conveyed to N.W.R.C. Land,
306	306	Ltd., by deed, recorded under Harris County Clerk's File
307	307	No. P295056, on June 17, 1993;
308	308	THENCE North 21°34'47" West, along the easterly boundary line
309	309	of the said 50.9771 acre tract, passing at a distance of 1,576.52
310	310	feet, a 5/8 inch iron rod found on line for reference, and
311	311	continuing on for a total distance of 1,772.23 feet, to the
312	312	centerline of Cypress Creek, a natural drainage course;
313	313	THENCE along the natural meanders of Cypress Creek, the
314	314	following thirteen (13) courses and distances:
315	315	South 84°00'48" East, for a distance of 42.29 feet to a
316	316	point for corner;
317	317	North 48°15'04" East, for a distance of 244.19 feet to a
318	318	point for corner;
319	319	North 33°00'21" East, for a distance of 156.79 feet to a
320	320	point for corner;
321	321	North 23°17'34" East, for a distance of 279.59 feet to a
322	322	point for corner;
323	323	North 38°51'29" East, for a distance of 113.35 feet to a
324	324	point for corner;
325	325	North 41°48'59" East, for a distance of 89.56 feet to a
326	326	point for corner;
327	327	North 43°13'33" East, for a distance of 366.87 feet to a
328	328	point for corner;
329	329	North 48°08'11" East, for a distance of 268.75 feet to a
330	330	point for corner;
331	331	North 41°56'26" East, for a distance of 480.31 feet to a
332	332	point for corner;
333	333	North 40°42'48" East, for a distance of 271.12 feet to a
334	334	point for corner;
335	335	North 53°11'28" East, for a distance of 194.90 feet to a
336	336	point for corner;
337	337	North 53°39'35" East, for a distance of 337.61 feet to a
338	338	point for corner;
339	339	North 56°23'37" East, for a distance of 232.22 feet to a
340	340	point for corner, said point being the northwesterly boundary
341	341	corner of the said 375.4904 acre tract;
342	342	THENCE South 02°39'34" East, along the westerly boundary line
343	343	of the said 375.4904 acre tract, for a distance of 3743.84 feet, to
344	344	the POINT OF BEGINNING and containing within these calls 5,740,655
345	345	square feet or 131.7873 acres of land.
346	346	SECTION 3. (a) The legal notice of the intention to
347	347	introduce this Act, setting forth the general substance of this
348	348	Act, has been published as provided by law, and the notice and a
349	349	copy of this Act have been furnished to all persons, agencies,
350	350	officials, or entities to which they are required to be furnished
351	351	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
352	352	Government Code.
353	353	(b) The governor, one of the required recipients, has
354	354	submitted the notice and Act to the Texas Commission on
355	355	Environmental Quality.
356	356	(c) The Texas Commission on Environmental Quality has filed
357	357	its recommendations relating to this Act with the governor, the
358	358	lieutenant governor, and the speaker of the house of
359	359	representatives within the required time.
360	360	(d) All requirements of the constitution and laws of this
361	361	state and the rules and procedures of the legislature with respect
362	362	to the notice, introduction, and passage of this Act are fulfilled
363	363	and accomplished.
364	364	SECTION 4. (a) If this Act does not receive a two-thirds
365	365	vote of all the members elected to each house, Subchapter C, Chapter
366	366	7911, Special District Local Laws Code, as added by Section 1 of
367	367	this Act, is amended by adding Section 7911.106 to read as follows:
368	368	Sec. 7911.106. NO EMINENT DOMAIN POWER. The district may
369	369	not exercise the power of eminent domain.
370	370	(b) This section is not intended to be an expression of a
371	371	legislative interpretation of the requirements of Section 17(c),
372	372	Article I, Texas Constitution.
373	373	SECTION 5. This Act takes effect immediately if it receives
374	374	a vote of two-thirds of all the members elected to each house, as
375	375	provided by Section 39, Article III, Texas Constitution. If this
376	376	Act does not receive the vote necessary for immediate effect, this
377	377	Act takes effect September 1, 2015.