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A BILL TO BE ENTITLED
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relating to the creation of the Harris County Municipal Utility |
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District No. 552; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7978 to read as follows: |
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CHAPTER 7978. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 552 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7978.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Harris County Municipal |
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Utility District No. 552. |
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Sec. 7978.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7978.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 7978.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7978.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 7978.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, or improvement of |
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macadamized, graveled, or paved roads described by Section 54.234, |
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Water Code, or improvements, including storm drainage, in aid of |
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those roads. |
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Sec. 7978.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7978.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 7978.052, directors serve |
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staggered four-year terms. |
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Sec. 7978.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Ben Gillis; |
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(2) Bob Bryant; |
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(3) Ken Belanger; |
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(4) Ben Pisklak; and |
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(5) Jonathan Blanscet. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7978.003; or |
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(2) June 1, 2021. |
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(c) If permanent directors have not been elected under |
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Section 7978.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7978.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7978.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7978.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7978.103. AUTHORITY FOR ROAD PROJECTS. (a) Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, and |
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convey to this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads described by |
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Section 54.234, Water Code, or improvements, including storm |
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drainage, in aid of those roads. |
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(b) The district may exercise the powers provided by this |
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section without submitting a petition to or obtaining approval from |
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the commission as required by Section 54.234, Water Code. |
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Sec. 7978.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 7978.103 |
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unless: |
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(1) each municipality or county that will operate and |
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maintain the road has approved the plans and specifications of the |
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road project, if a municipality or county will operate and maintain |
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the road; or |
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(2) the Texas Transportation Commission has approved |
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the plans and specifications of the road project, if the state will |
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operate and maintain the road. |
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(b) Except as provided by Subsection (a), the district is |
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not required to obtain approval from the Texas Transportation |
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Commission to design, acquire, construct, finance, issue bonds for, |
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improve, or convey a road project. |
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Sec. 7978.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 7978.106. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 7978.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7978.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by revenue other than ad valorem taxes. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7978.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7978.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7978.153. WATER AND SEWER RATES. Notwithstanding any |
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other law, the district shall establish the same rates for |
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residential and commercial classes of customers for the provision |
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of water and sewer services. For purposes of this section, the |
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commercial class may not include apartment complexes or other |
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multifamily dwellings. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7978.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7978.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7978.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Harris County Municipal Utility District |
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No. 552 initially includes all the territory contained in the |
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following area: |
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A METES AND BOUNDS description of a certain 150.912 acre tract of |
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land situated in the A.T. Miles Survey, Abstract No. 556, in Harris |
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County, Texas; being part of a called 174.8682 acre tract conveyed |
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to Metro National Corporation by Warranty Deed recorded in Harris |
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County Clerk's File No. F546226 of the Harris County Official |
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Public Records of Real Property; said 150.912 acres of land being |
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more particularly described as follows with all bearings being |
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based on the Texas Coordinate System, South Central Zone, NAD 83; |
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BEGINNING at a 3/4-inch iron rod (with cap stamped "JonesCarter |
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Property Corner") set at the southeast corner of Unrestricted |
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Reserve "B" of Spring Shadows Subdivision Section Twenty One, plat |
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of which is recorded in Film Code No. 349102 of the Harris County |
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Map Records, being in the west line of Kempwood North, plat of which |
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is recorded in Volume 133, Page 70 of the Harris County Map Records |
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and also being in the north right-of-way line of Kemp Forest Drive |
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(60 feet wide) as conveyed to the City of Houston by Instrument |
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recorded in Clerk's File No. D562860 of the Harris County Official |
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Public Records of Real Property, from said 3/4-inch iron rod (with |
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cap stamped "JonesCarter Property Corner") a found 1/2-inch iron |
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rod bears North 81° East, 0.71 feet, and also from said 3/4-inch |
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iron rod (with cap stamped "JonesCarter Property Corner") a found |
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1/2-inch iron rod bears South 02°30' East, 59.89 feet; |
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THENCE, South 87°21'40" West, 1011.17 feet with the said north |
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right-of-way line of Kemp Forest Drive to a 1-inch iron pipe found |
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at the intersection with the west right-of-way line of Rosefield |
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Drive (60 feet wide); |
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THENCE, South 01°33'20" East, 221.36 feet with said west |
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right-of-way line of Rosefield Drive (Clerk's File No. D562860 |
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Houston Official Public Records of Real Property) to a 3/4-inch |
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iron rod (with cap stamped "JonesCarter Property Corner") set at |
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the northeast corner of a 10 foot by 10 foot cut back at the |
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intersection with the north right-of-way line of another part of |
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Kemp Forest Drive (60 feet wide), and being the northeast corner of |
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Spring Shadows Townhouses, Section 2, as recorded in Volume 205, |
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Page 36 of the Harris County Map Records; |
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THENCE, in a westerly direction with said north right-of-way line |
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of Kemp Forest Drive and with the north line of said Spring Shadows |
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Townhouses, Section 2, and with the north line of Spring Shadows |
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Townhouses, Section 1, as recorded in Volume 168, Page 15 of the |
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Harris County Map Records the following two (2) courses and |
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distances: |
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1. South 43°26'40" West, 14.14 feet along said cutback line |
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to an "X" in concrete, set; |
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2. South 88°26'40" West, at 730.06 feet passing a found |
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1-inch iron pipe, 0.53 feet right, at 2113.30 feet passing the |
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southeast corner of Unrestricted Reserve "A" of Spring Shadows |
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Subdivision Section Twenty One, plat of which is recorded in Film |
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Code No. 349102 of the Harris County Map Records, in all 2556.20 |
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feet to a 5/8-inch iron road (with cap stamped "JonesCarter |
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Property Corner") set at the southeast corner of a cutback, same |
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being the most easterly corner of a called 0.0022 acre right-of-way |
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dedication shown on said plat recorded in Film Code No. 349102 of |
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the Harris County Map Records, from said 5/8-inch iron rod (with cap |
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stamped "Cotton Surveying Company"), a found 5/8-inch iron rod |
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bears South 88°26'40" West, 0.33 feet; |
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THENCE, North 46°48'15" West, 24.28 feet along said cutback line to |
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a 5/8-inch iron rod (with cap stamped "JonesCarter Property |
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Corner") set in the east line of Street Dedication Plat for Gessner |
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Road, plat of which is recorded in Volume 172, Page 8 of the Harris |
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County Map Records and also being in the east right-of-way line of |
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Gessner Road (100 feet wide); |
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THENCE, North 02°03'10" West along said east line of Gessner Road, |
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at 900.00 feet passing a found 5/8-inch iron rod at the southerly |
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northwest corner of said Unrestricted Reserve "A", in all 1833.03 |
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feet to a 5/8-inch iron rod (with cap stamped "Cotton Surveying |
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Company") set at the southwest corner of a 10 foot by 10 foot |
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cutback at the intersection with the south right-of-way line of |
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Clay Road, said iron rod being the southwest corner of a called |
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0.2512 acre tract recorded in Clerk's File No. E249611 of the |
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Harris County Official Public Records of Real Property; |
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THENCE, North 42°39'45" East, 14.21 feet along said cutback line to |
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a 5/8-inch iron rod (with cap stamped "JonesCarter Property |
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Corner") set in the south line of Clay Road (ROW varies); |
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THENCE, in an easterly direction with the said southerly |
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right-of-way line of Clay Road, the southerly line of said 0.2512 |
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acre tract and the apparent southerly line of a called 1.4830 acre |
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tract conveyed to the City of Houston and recorded in Clerk's File |
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No. R166519 of the Harris County Official Public Records of Rael |
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Property, the following seven (7) courses and distances: |
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1. North 87°22'24" East, 427.90 feet to a 5/8-inch iron rod |
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(with cap stamped "Cotton Survey Company") set at the southeast |
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corner of said 0.2512 acre tract; |
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2. North 02°37'36" West, 2.76 feet to a 5/8-inch iron road |
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(with cap stamped "JonesCarter Property Corner") set, from which a |
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found 5/8-inch iron rod bears South 87°22'24" West, 0.32 feet; |
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3. North 87°22'24" East, 2146.02 feet to an "X" in concrete; |
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4. South 47°27'19" East, 21.15 feet to a 3/4-inch iron rod |
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(with cap stamped "JonesCarter Property Corner") set, from which a |
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found 5/8-inch iron rod (with cap stamped "American Lupher 4752") |
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bears North 26° West, 0.73 feet; |
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5. North 87°22'24" East, 80.00 feet to a 3/4-inch iron rod |
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(with cap stamped "JonesCarter Property Corner") set, from which a |
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found 5/8-inch iron rod (with cap stamped "American Lupher 4752") |
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bears North 24° West, 0.71 feet; |
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6. North 42°33'10" East, 21.28 feet to a point in a control |
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box; |
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7. North 87°22'24" East, 902.61 feet to a bolt securing a |
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guard rail found at the northeast corner of the herein described |
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tract from which a green cap stamped "JonesCarter Reference Point" |
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set in concrete slope paving bears South 02°03'10" East, 5.00 feet; |
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THENCE, South 02°03'10" East, at 224.38 feet passing a found |
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1/2-inch iron rod, at 869.51 feet passing a found 1/2-inch (with cap |
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stamped "Precision Surveyors"), 0.55 feet left, at 1493.03 feet |
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passing a found 1/2-inch iron rod, 0.44 feet right, in all 1679.63 |
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feet with the west line of a called 2.0618 acre tract recorded in |
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Clerk's File No. V733122 of the Harris County Official Public |
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Records of Real Property and the west line of said Kempwood North |
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Subdivision to the POINT OF BEGINNING, CONTANING 150.912 acres of |
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land in Harris County, Texas. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) Section 7978.106, Special District Local |
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Laws Code, as added by Section 1 of this Act, takes effect only if |
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this Act receives a two-thirds vote of all the members elected to |
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each house. |
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(b) If this Act does not receive a two-thirds vote of all the |
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members elected to each house, Subchapter C, Chapter 7978, Special |
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District Local Laws Code, as added by Section 1 of this Act, is |
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amended by adding Section 7978.106 to read as follows: |
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Sec. 7978.106. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(c) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect June 1, 2017, if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for effect on that |
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date, this Act takes effect September 1, 2017. |