By: Kolkhorst S.B. No. 1001
(In the Senate - Filed March 5, 2015; March 10, 2015, read
first time and referred to Committee on Intergovernmental
Relations; April 29, 2015, reported favorably by the following
vote: Yeas 7, Nays 0; April 29, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Harris County Municipal Utility
District No. 545; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
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 7911 to read as follows:
CHAPTER 7911. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 545
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7911.001. 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. 545.
Sec. 7911.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7911.003. 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. 7911.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7911.003
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. 7911.005. 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. 7911.006. 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.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7911.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7911.052, directors serve
staggered four-year terms.
Sec. 7911.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the 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 7911.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7911.003 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 7911.003; 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.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7911.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7911.102. 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. 7911.103. 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. 7911.104. 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. 7911.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7911.151. 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 7911.153.
(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. 7911.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7911.151, 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. 7911.153. 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.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7911.201. 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. 7911.202. 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. 7911.203. 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.
545 initially includes all the territory contained in the following
area:
TRACT 1
Being a 375.4904 acre tract of land located in the Alex
Gulliver Survey, A-287, Harris County, Texas; said 375.490 acre
tract being all of Parcel 2 and part of Parcel 1 of those certain
tracts of land conveyed to Browning-Ferris, Inc. in Clerk's File
No. J423478 of the Official Public Records of Real Property of
Harris County (O.P.R.R.P.H.C.); said 375.4904 acre tract being more
particularly described by metes and bounds as follows:
BEGINNING at a 2 inch iron pipe found marking the South East
corner of said Parcel 2 and this 375.4904 acre tract, said iron pipe
also being at the west right-of-way line of Katy-Hockley Road (60
ROW) with the south line of said Alex Gulliver Survey (Texas State
Plane Grid Coordinate - N 13,901,376.95, E 2,979,348.81) from which
a 6"x8" wood post bears 3.4' South and 1' West and a 6"x8" wood post
bears 9.8' North and 7.4' West;
THENCE with the South line of said Parcel 2 and said Alex
Gulliver Survey S 87° 45' 04" W (call N 89° 35' 30" W), a distance of
3693.56 feet (call 3693.5') to a 5/8 inch iron rod found marking the
South West corner of said Parcel 2 and this 375.4904 acre tract from
which a found 2 inch iron pipe bears 0.3 feet South and 1.1 feet West
and a 10" wood post bears 0.4' North and 0.7' East and a 6"x6" post
bears 7.0' North;
THENCE with the West line of said Parcel 1 and Parcel 2 N 02°
39' 32" W (call North); passing at 3543.85 feet a 5/8 inch rod found
on line; for a total distance of 3738.68 feet to a point marking the
most Westerly Northwest corner of this 375.4904 acre tract and the
center of Cypress Creek from which a found 5/8 inch iron rod on the
South right-of-way line of Jack Road bears N 02° 39' 32" W -
7855.85';
THENCE in a Northeasterly direction following the centerline
of Cypress Creek as follows;
N 77° 15' 48" E a distance of 101.67';
N 44° 09' 12" E a distance of 364.36';
N 52° 36' 41" E a distance of 96.99';
N 69° 47' 56" E a distance of 257.30';
N 70° 28' 26" E a distance of 40.96';
N 60° 01' 08" E a distance of 306.21;
N 34° 02' 48" E a distance of 206.56';
N 54° 45' 52" E a distance of 379.68';
S 87° 13' 46" E a distance of 304.19';
N 60° 37' 56" E a distance of 202.01';
N 72° 51' 00" E a distance of 123.01';
N 75° 04' 09" E a distance of 106.47';
S 82° 54' 21" E a distance of 217.72';
N 67° 26' 24" E a distance of 43.87';
N 44° 46' 22" E a distance of 22.16';
N 27° 45' 53" E a distance of 146.73';
N 10° 34' 30" E a distance of 107.54';
N 04° 41' 58" E a distance of 155.90';
N 10° 17' 33" W a distance of 109.20';
N 19° 34' 23" W a distance of 96.97';
N 13° 40' 48" E a distance of 78.84';
N 42° 29' 48" E a distance of 94.79';
N 44° 24' 16" E a distance of 185.03;
N 68° 38' 22" E a distance of 54.86';
N 87° 07' 41" E a distance of 102.87';
S 75° 42' 29" E a distance of 88.44';
S 59° 29' 38" E a distance of 143.78';
S 44° 01' 53" E a distance of 268.54';
S 57° 21' 29" E a distance of 73.29';
S 81° 34' 10" E a distance of 106.15';
N 58° 07' 34" E a distance of 185.00';
N 67° 38' 05" E a distance of 91.09 feet to the Northeast
corner of this 375.4904 acre tract;
THENCE leaving the centerline of Cypress Creek and following
the West line of said Katy-Hockley Road S 02° 40' 13" E (call South);
passing at 78.03 feet a 5/8 inch iron rod with cap set on line; for a
total distance of 406.03 feet to a bent 5/8 inch iron rod found at an
offset in the West line of said road;
THENCE N 88° 51' 46" E (call East) a distance of 19.92 feet
(call 20.00') to a found 5/8 inch iron rod in the West line of said
Katy-Hockley Road;
THENCE with the West line of said Katy-Hockley Road S 02° 09'
39" E (call South) a distance of 8.28 feet (call 8.25') to a set 5/8
inch iron rod with cap marking the North East corner of that certain
27.84 acre conservation easement conveyed to Wetland Habitat
Alliance of Texas, Inc. in Clerk's File No. Z224251 of the Harris
County Clerk's File (HCCF) from which a 6"x8" wood post bears 0.1'
North and 5.3' West;
THENCE along the North line of said 27.84 acre tract N 89° 16'
47" W (call N 89° 16' 46" W) a distance of 481.38 feet to a set 5/8
inch iron rod with cap for a corner;
THENCE along the North line of said 27.84 acre tract S 89° 25'
12" W (call S 89° 24' 54" W) a distance of 445.28 feet to a set 5/8
inch iron rod with cap for a corner;
THENCE along the Westerly line of said 27.84 acre tract S 26°
10' 39" W (call S 26° 10' 48" W) a distance of 770.56 feet to a found
6 inch metal fence post for a corner;
THENCE along the West line of said 27.84 acre tract S 10° 38'
48" E (call S 10° 38' 39" E) a distance of 391.77 feet to a set 5/8
inch iron rod with cap marking the Southwest corner of said 27.84
acre tract from which a 6 inch fence post bears 0.6' North and 0.6'
East;
THENCE along the South line of said 27.84 acre tract N 86° 26'
48" E (call N 86° 27' 01" E) a distance of 1242.91 (call 1242.97')
feet to a set 5/8 inch iron rod with cap marking the Southeast
corner of said 27.84 acre tract on the West line of said
Katy-Hockley Road from which a 4" wood post bears 0.2' North and
1.1' East;
THENCE with the West line of said Katy-Hockley Road and said
Parcels 1 and Parcel 2 S 02° 39' 32" E (call South) a distance of
4007.75 feet to the POINT OF BEGINNING. Bearings based on Texas
Coordinate System NAD 83 (SCZ).
TRACT 2
Being 131.7873 acres of land situated partially in the Alex
Gulliver Survey, Abstract No. 287 and partially within the Thomas
Coghill Survey, Abstract No. 203, Harris County, Texas, and being
all of that certain called 131.8340 acre tract of land as conveyed
to James M. Meley, by deed, recorded under Harris County Clerk's
File No. P295053, on June 17, 1993. Said 131.7873 acre tract being
more fully described by metes and bounds as follows:
All bearings referenced herein are based on the Texas State
Plane Coordinate System, Texas South Central Zone.
COMMENCING at a 1/2 inch iron rod inside of a 2 inch iron pipe
found for the southeasterly boundary corner of that certain called
375.4904 acre tract of land as conveyed to Cunningham Interests II,
Ltd., by deed, recorded under Harris County Clerk's File
No. 20110540938, on December 21, 2011, and being the northeasterly
boundary corner of that certain called 440.7637 acre tract of land
as conveyed to Harris County Flood Control District, by deed,
recorded under Harris County Clerk's File No. V437474, on October
31, 2001, also being located in the westerly right-of-way line of
Katy - Hockley Road, based on a width of 60 feet;
THENCE South 87°45'10" West, along the common boundary line
between the said 375.4904 acre tract and the said 440.7637 acre
tract, for a distance of 3,693.56 feet, to a 5/8 inch iron rod found
for the POINT OF BEGINNING of the herein described tract of land;
THENCE South 87°45'10" West, continuing along the northerly
boundary line of the said 440.7637 acre tract of land, for a
distance of 1,644.87 feet, to a 5/8 inch iron rod found for corner,
said iron rod being the southeasterly boundary corner of that
certain called 50.9771 acre tract as conveyed to N.W.R.C. Land,
Ltd., by deed, recorded under Harris County Clerk's File
No. P295056, on June 17, 1993;
THENCE North 21°34'47" West, along the easterly boundary line
of the said 50.9771 acre tract, passing at a distance of 1,576.52
feet, a 5/8 inch iron rod found on line for reference, and
continuing on for a total distance of 1,772.23 feet, to the
centerline of Cypress Creek, a natural drainage course;
THENCE along the natural meanders of Cypress Creek, the
following thirteen (13) courses and distances:
South 84°00'48" East, for a distance of 42.29 feet to a
point for corner;
North 48°15'04" East, for a distance of 244.19 feet to a
point for corner;
North 33°00'21" East, for a distance of 156.79 feet to a
point for corner;
North 23°17'34" East, for a distance of 279.59 feet to a
point for corner;
North 38°51'29" East, for a distance of 113.35 feet to a
point for corner;
North 41°48'59" East, for a distance of 89.56 feet to a
point for corner;
North 43°13'33" East, for a distance of 366.87 feet to a
point for corner;
North 48°08'11" East, for a distance of 268.75 feet to a
point for corner;
North 41°56'26" East, for a distance of 480.31 feet to a
point for corner;
North 40°42'48" East, for a distance of 271.12 feet to a
point for corner;
North 53°11'28" East, for a distance of 194.90 feet to a
point for corner;
North 53°39'35" East, for a distance of 337.61 feet to a
point for corner;
North 56°23'37" East, for a distance of 232.22 feet to a
point for corner, said point being the northwesterly boundary
corner of the said 375.4904 acre tract;
THENCE South 02°39'34" East, along the westerly boundary line
of the said 375.4904 acre tract, for a distance of 3743.84 feet, to
the POINT OF BEGINNING and containing within these calls 5,740,655
square feet or 131.7873 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) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7911, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7911.106 to read as follows:
Sec. 7911.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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