Bill Text: TX HB1455 | 2017-2018 | 85th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 552; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Bipartisan Bill

Status: (Enrolled - Dead) 2017-06-15 - Effective on . . . . . . . . . . . . . . . [HB1455 Detail]

Download: Texas-2017-HB1455-Engrossed.html

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85R17834 TSR-F
By: Bohac H.B. No. 1455

A BILL TO BE ENTITLED
relating to the creation of the Harris County Municipal Utility
District No. 552; 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 7978 to read as follows:
CHAPTER 7978. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 552
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7978.001. 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. 552.
Sec. 7978.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7978.003. 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. 7978.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7978.003
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. 7978.005. 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, or improvement of
macadamized, graveled, or paved roads described by Section 54.234,
Water Code, or improvements, including storm drainage, in aid of
those roads.
Sec. 7978.006. 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. 7978.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7978.052, directors serve
staggered four-year terms.
Sec. 7978.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Ben Gillis;
(2) Bob Bryant;
(3) Ken Belanger;
(4) Ben Pisklak; and
(5) Jonathan Blanscet.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7978.003; or
(2) June 1, 2021.
(c) If permanent directors have not been elected under
Section 7978.003 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 7978.003; 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. 7978.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7978.102. 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. 7978.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the commission as required by Section 54.234, Water Code.
Sec. 7978.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 7978.103
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 7978.105. 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.
Sec. 7978.106. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 7978.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7978.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by revenue other than ad valorem taxes.
(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. 7978.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7978.151, 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. 7978.153. WATER AND SEWER RATES. Notwithstanding any
other law, the district shall establish the same rates for
residential and commercial classes of customers for the provision
of water and sewer services. For purposes of this section, the
commercial class may not include apartment complexes or other
multifamily dwellings.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7978.201. 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. 7978.202. 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. 7978.203. 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. 552 initially includes all the territory contained in the
following area:
A METES AND BOUNDS description of a certain 150.912 acre tract of
land situated in the A.T. Miles Survey, Abstract No. 556, in Harris
County, Texas; being part of a called 174.8682 acre tract conveyed
to Metro National Corporation by Warranty Deed recorded in Harris
County Clerk's File No. F546226 of the Harris County Official
Public Records of Real Property; said 150.912 acres of land being
more particularly described as follows with all bearings being
based on the Texas Coordinate System, South Central Zone, NAD 83;
BEGINNING at a 3/4-inch iron rod (with cap stamped "JonesCarter
Property Corner") set at the southeast corner of Unrestricted
Reserve "B" of Spring Shadows Subdivision Section Twenty One, plat
of which is recorded in Film Code No. 349102 of the Harris County
Map Records, being in the west line of Kempwood North, plat of which
is recorded in Volume 133, Page 70 of the Harris County Map Records
and also being in the north right-of-way line of Kemp Forest Drive
(60 feet wide) as conveyed to the City of Houston by Instrument
recorded in Clerk's File No. D562860 of the Harris County Official
Public Records of Real Property, from said 3/4-inch iron rod (with
cap stamped "JonesCarter Property Corner") a found 1/2-inch iron
rod bears North 81° East, 0.71 feet, and also from said 3/4-inch
iron rod (with cap stamped "JonesCarter Property Corner") a found
1/2-inch iron rod bears South 02°30' East, 59.89 feet;
THENCE, South 87°21'40" West, 1011.17 feet with the said north
right-of-way line of Kemp Forest Drive to a 1-inch iron pipe found
at the intersection with the west right-of-way line of Rosefield
Drive (60 feet wide);
THENCE, South 01°33'20" East, 221.36 feet with said west
right-of-way line of Rosefield Drive (Clerk's File No. D562860
Houston Official Public Records of Real Property) to a 3/4-inch
iron rod (with cap stamped "JonesCarter Property Corner") set at
the northeast corner of a 10 foot by 10 foot cut back at the
intersection with the north right-of-way line of another part of
Kemp Forest Drive (60 feet wide), and being the northeast corner of
Spring Shadows Townhouses, Section 2, as recorded in Volume 205,
Page 36 of the Harris County Map Records;
THENCE, in a westerly direction with said north right-of-way line
of Kemp Forest Drive and with the north line of said Spring Shadows
Townhouses, Section 2, and with the north line of Spring Shadows
Townhouses, Section 1, as recorded in Volume 168, Page 15 of the
Harris County Map Records the following two (2) courses and
distances:
1. South 43°26'40" West, 14.14 feet along said cutback line
to an "X" in concrete, set;
2. South 88°26'40" West, at 730.06 feet passing a found
1-inch iron pipe, 0.53 feet right, at 2113.30 feet passing the
southeast corner of Unrestricted Reserve "A" of Spring Shadows
Subdivision Section Twenty One, plat of which is recorded in Film
Code No. 349102 of the Harris County Map Records, in all 2556.20
feet to a 5/8-inch iron road (with cap stamped "JonesCarter
Property Corner") set at the southeast corner of a cutback, same
being the most easterly corner of a called 0.0022 acre right-of-way
dedication shown on said plat recorded in Film Code No. 349102 of
the Harris County Map Records, from said 5/8-inch iron rod (with cap
stamped "Cotton Surveying Company"), a found 5/8-inch iron rod
bears South 88°26'40" West, 0.33 feet;
THENCE, North 46°48'15" West, 24.28 feet along said cutback line to
a 5/8-inch iron rod (with cap stamped "JonesCarter Property
Corner") set in the east line of Street Dedication Plat for Gessner
Road, plat of which is recorded in Volume 172, Page 8 of the Harris
County Map Records and also being in the east right-of-way line of
Gessner Road (100 feet wide);
THENCE, North 02°03'10" West along said east line of Gessner Road,
at 900.00 feet passing a found 5/8-inch iron rod at the southerly
northwest corner of said Unrestricted Reserve "A", in all 1833.03
feet to a 5/8-inch iron rod (with cap stamped "Cotton Surveying
Company") set at the southwest corner of a 10 foot by 10 foot
cutback at the intersection with the south right-of-way line of
Clay Road, said iron rod being the southwest corner of a called
0.2512 acre tract recorded in Clerk's File No. E249611 of the
Harris County Official Public Records of Real Property;
THENCE, North 42°39'45" East, 14.21 feet along said cutback line to
a 5/8-inch iron rod (with cap stamped "JonesCarter Property
Corner") set in the south line of Clay Road (ROW varies);
THENCE, in an easterly direction with the said southerly
right-of-way line of Clay Road, the southerly line of said 0.2512
acre tract and the apparent southerly line of a called 1.4830 acre
tract conveyed to the City of Houston and recorded in Clerk's File
No. R166519 of the Harris County Official Public Records of Rael
Property, the following seven (7) courses and distances:
1. North 87°22'24" East, 427.90 feet to a 5/8-inch iron rod
(with cap stamped "Cotton Survey Company") set at the southeast
corner of said 0.2512 acre tract;
2. North 02°37'36" West, 2.76 feet to a 5/8-inch iron road
(with cap stamped "JonesCarter Property Corner") set, from which a
found 5/8-inch iron rod bears South 87°22'24" West, 0.32 feet;
3. North 87°22'24" East, 2146.02 feet to an "X" in concrete;
4. South 47°27'19" East, 21.15 feet to a 3/4-inch iron rod
(with cap stamped "JonesCarter Property Corner") set, from which a
found 5/8-inch iron rod (with cap stamped "American Lupher 4752")
bears North 26° West, 0.73 feet;
5. North 87°22'24" East, 80.00 feet to a 3/4-inch iron rod
(with cap stamped "JonesCarter Property Corner") set, from which a
found 5/8-inch iron rod (with cap stamped "American Lupher 4752")
bears North 24° West, 0.71 feet;
6. North 42°33'10" East, 21.28 feet to a point in a control
box;
7. North 87°22'24" East, 902.61 feet to a bolt securing a
guard rail found at the northeast corner of the herein described
tract from which a green cap stamped "JonesCarter Reference Point"
set in concrete slope paving bears South 02°03'10" East, 5.00 feet;
THENCE, South 02°03'10" East, at 224.38 feet passing a found
1/2-inch iron rod, at 869.51 feet passing a found 1/2-inch (with cap
stamped "Precision Surveyors"), 0.55 feet left, at 1493.03 feet
passing a found 1/2-inch iron rod, 0.44 feet right, in all 1679.63
feet with the west line of a called 2.0618 acre tract recorded in
Clerk's File No. V733122 of the Harris County Official Public
Records of Real Property and the west line of said Kempwood North
Subdivision to the POINT OF BEGINNING, CONTANING 150.912 acres of
land in Harris County, Texas.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) Section 7978.106, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 7978, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 7978.106 to read as follows:
Sec. 7978.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect June 1, 2017, 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 effect on that
date, this Act takes effect September 1, 2017.