Bill Text: TX HB3870 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 531; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-19 - Comm. report sent to Local & Consent Calendar [HB3870 Detail]

Download: Texas-2013-HB3870-Introduced.html

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83R10320 RWG-F
By: Fletcher H.B. No. 3870

A BILL TO BE ENTITLED
relating to the creation of the Harris County Municipal Utility
District No. 531; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, or 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 8452 to read as follows:
CHAPTER 8452. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 531
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8452.001. 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. 531.
Sec. 8452.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8452.003. 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. 8452.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8452.003
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. 8452.005. 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. 8452.006. 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. 8452.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8452.052, directors serve
staggered four-year terms.
Sec. 8452.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) J. T. Hall;
(2) Paul White;
(3) Christopher Thomas;
(4) Antoinette Hanson; and
(5) Shane Herzog.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8452.003; 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 8452.003 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 8452.003; 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. 8452.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8452.102. 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. 8452.103. 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. 8452.104. 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. 8452.105. 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. 8452.151. 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 8452.153.
(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. 8452.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8452.151, 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. 8452.153. 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. 8452.201. 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. 8452.202. 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. 8452.203. 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. 531 initially includes all the territory contained in the
following area:
Being 264.723 acres of land located in the Jacob Duckworth
Survey, Abstract 227, the George Haig (A.K.A. J.P. Douglas) Survey,
Abstract 338, and the R.H. Barrow Survey, Abstract 1624, Harris
County, Texas, more particularly being a portion of the residue of
that certain called 75.81 acre tract conveyed to Louis Niklas and
Julia Rydel by an instrument of record under File Number K252127, of
the Official Public Records of Real Property, of said Harris
County, Texas (H.C.O.P.R.R.P.), all of the residue of that certain
called 34.507 acre tract conveyed to Barbara White by an instrument
of record under File Number S646489, H.C.O.P.R.R.P., a portion of
that certain called 44.1682 acre tract conveyed to Julia Niklas
Rydel by an instrument of record under File Number G737799,
H.C.O.P.R.R.P., a portion of that certain called 1.9926 acre tract
conveyed to Clayton L. Kitzmann and Janice L. Kitzmann by an
instrument of record under File Number J023156, H.C.O.P.R.R.P., a
portion of the residue of that certain called 81.99 acre tract
conveyed to Irene Sanders Newberry by an instrument of record under
File Number L075748, H.C.O.P.R.R.P., all of the residue of those
certain tracts called 78.36 acres (referred to as Tract 1) and 4.747
acres (referred to as Tract 2) conveyed to Irene Marguerite
Newberry and R. A. Newberry by an instrument of record under File
Number K252128, H.C.O.P.R.R.P., and all of that certain called
2.00049 acre tract conveyed to R. A. Newberry, Jr. by an instrument
of record under File Number G637606, H.C.O.P.R.R.P., said 264.723
acre tract being more particularly described by metes and bounds as
follows (all bearings referenced to the Texas State Plane
Coordinate System, South Central Zone, NAD83, 2001 adjustment);
BEGINNING at a 1-3/4-inch aluminum cap stamped "RODS
SURVEYING" found in concrete at the southerly end of a cut-back
corner at the intersection of the north right-of-way line of Schiel
Road (100 feet wide) and the west right-of-way line of Mueschke Road
(width varies) as described in the easement of record under File
Number 20090575159, H.C.O.P.R.R.P.;
Thence, South 87° 48' 42" West, along the north right-of-way
line of said Schiel Road; 1,055.30 feet to a 1-3/4-inch aluminum cap
stamped "RODS SURVEYING" found in concrete for corner on the west
line of the aforementioned 75.81 acre tract and the east line of
that certain called 0.517 acre tract conveyed to Curtis E. White and
Barbara White by an instrument of record under File Number S646490,
H.C.O.P.R.R.P., said point being on the common survey line of said
Jacob Duckworth Survey and said R. H. Barrow Survey;
Thence, North 03° 33' 05" West, along the common line of said
0.517 and 75.81 acre tracts and said common survey line, 379.99 feet
to a 5/8-inch iron rod found for the northeast corner of said 0.517
acre tract;
Thence, South 87° 49' 48" West, departing said common survey
line and along the north line of said 0.517 acre tract and that
certain tract conveyed to Barbara Schiel White by an instrument of
record under Volume 7943, Page 25, of the Deed Records of said
Harris County (H.C.D.R.), 351.93 feet to a 5/8-inch iron rod found
for the northeast corner of that certain called 2.000 acre tract
conveyed to Teresa G. O'Hara Marsh and Michael O'Hara Marsh by an
instrument of record under File Number U549558, H.C.O.P.R.R.P.;
Thence, South 87° 41' 17" West, along the north line of said
2.000 acre tract, 217.58 feet to a 5/8-inch iron rod found for the
common north corner of said 2.000 acre tract and that certain called
0.552 acre tract conveyed to Curtis E. White and Barbara White by an
instrument of record under File Number S646491, H.C.O.P.R.R.P.;
Thence, South 88° 15' 25" West, along the north line of said
0.552 acre tract, 68.05 feet to a 1-inch pipe found for the common
north corner of said 0.552 acre tract and that certain called 3.524
acre tract conveyed to Norman Miller Hubbard, Jr. by an instrument
of record under File Number W304407, H.C.O.P.R.R.P.;
Thence, South 87° 45' 25" West, along the north line of said
3.524 acre tract 392.42 feet to a 1-inch pipe found for the common
north corner of said 3.524 acre tract and the aforementioned 1.9926
acre tract;
Thence, South 02° 13' 01" East, along the west line of said
3.524 acre tract and the east line of said 1.9926 acre tract, 379.68
feet to a point for corner on the north right-of-way line of Schiel
Road (100 feet wide) as described under File Numbers 20100388058,
20100471263, 20100513706 and 20110361248, H.C.O.P.R.R.P.;
Thence, South 87° 48' 37" West, along the north right-of-way
line of said Schiel Road, 1,119.11 feet to a 5/8-inch iron rod found
for the southeast corner of that certain called 3.0560 acre tract
conveyed to County of Harris by an instrument of record under File
Number 20100471263, H.C.O.P.R.R.P.;
Thence, North 01° 46' 26" West, along the east line of said
3.0560 acre tract, 497.02 feet to a 5/8-inch iron rod with cap
stamped "TERRA-SURVEYING" found for corner;
Thence, South 87° 48' 02" West, along the north line of said
3.0560 acre tract, 269.85 feet to a 5/8-inch iron rod with cap
stamped "TERRA-SURVEYING" found for corner on the west line of the
aforementioned 81.99 acre tract;
Thence, North 02° 27' 08" West, along the west line of said
81.99 acre tract, at 2,596.29 feet pass a 1/2-inch iron found on the
south line of that certain called 60 foot wide easement of record
under Volume 2921, Page, 518, H.C.D.R., continuing in all a total
distance of 2,626.29 feet to a 5/8-inch iron rod with cap stamped
"EIC" found for the west corner of said 81.99 acre tract and that
certain called 10.158 acre tract conveyed to Jeffrey J. Gulley by an
instrument of record under File Number V852607, H.C.O.P.R.R.P.,
said point also being on the centerline of said 60 foot wide
easement;
Thence, North 87° 45' 39" East, along the north line of said
81.99 acre tract and the south line of said 10.158 acre tract and
the centerline of said 60 foot wide easement, 968.92 feet to a
3/4-inch iron pipe found for the common south corner of said 10.158
acre tract and that certain called 21.2106 acre tract conveyed to
Jeffrey J. Gulley by an instrument of record under File Number
20100506999, H.C.O.P.R.R.P.;
Thence, North 87° 47' 31" East, continuing along the north
line of said 81.99 acre tract, the centerline of said 60 foot wide
easement, and along the south line of said 21.2106 acre tract and
the north line of the aforementioned 44.1682 acre tract, 791.87
feet to a 1/2-inch iron pipe with a PK nail found for an angle point
on the north line of said 44.1682 acre tract, the southeast corner
of said 21.2106 acre tract and the southwest corner of the
aforementioned 78.36 acre tract, from which a 3/4-inch iron pipe
found for an angle point on the southerly line of said 60-foot wide
easement bears South 01° 55' 59" East, 30.00 feet;
Thence, North 02° 33' 10" West, along the west line of said
78.36 acre tract, 3,886.82 feet to a point for the southeast corner
of that certain called 2.00049 acre tract conveyed to R. A.
Newberry, Jr. by an instrument of record under File Number G637606,
H.C.O.P.R.R.P.;
Thence, South 87° 37' 50" West, along the south line of said
2.00049 acre tract, 319.97 feet to a point for the southwest corner
of said 2.00049 acre tract;
Thence, North 01° 57' 05" East, along the west line of said
2.00049 acre tract, 283.02 feet to a point for the northwest corner
of said 2.00049 acre tract, same being the southwest corner of that
certain called 3.047 acre tract conveyed to Ronald G. Wood and Glena
Wood by an instrument of record under File Number P047906,
H.C.O.P.R.R.P.;
Thence, North 87° 37' 30" East, at 297.74 feet pass a 1-inch
pinched top pipe found for the northeast corner of said 2.00049 acre
tract, same being the northwest corner of that certain called 78.36
acre tract, continuing along the south line of said 3.047 acre tract
and the north line of said 78.36 acre, 691.90 feet to a 5/8-inch
iron rod found for the common east corner of said 3.047 and 78.36
acre tracts, said point being on the common survey line of the
aforementioned George Haig Survey and the William Settle Survey,
Abstract 705;
Thence, South 01° 45' 16" East, along said common survey line
and the east line of said 78.36 acre tract, 1,265.31 feet to a
1-inch iron pipe found for a re-entrant corner on the east line of
said 78.36 acre tract, same being the southwest corner of that
certain called 18.1828 acre tract (Tract A) conveyed to Loretta
Lois Froehlich Schlobohm by an instrument of record under File
Number W270309, H.C.O.P.R.R.P., and described in W270310,
H.C.O.P.R.R.P.;
Thence, North 87° 15' 43" East, along the south line of said
18.1828 acre tract and a north line of said 78.36 acre tract, 549.20
feet to a 1-1/4-inch iron pipe found for a northeast corner of said
78.36 acre tract, same being the northwest corner of that certain
called 3.707 acre tract (First Tract) conveyed to Lydia Louise
Froehlich Jordy and husband Luke M. Jordy by an instrument of record
under Volume 7078, Page 109, H.C.D.R.;
Thence, South 02° 01' 19" East, along a east line of said 78.36
acre tract passing at 2,602.33 feet a 1-3/4-inch iron pipe found for
reference, continuing in all a total distance of 2,632.00 feet to a
point for corner in the centerline of Little Cypress Creek;
Thence, along the centerline of Little Cypress Creek the
following five (5) courses:
1) North 87° 58' 41" East, 237.00 feet to a point for corner;
2) South 42° 44' 19" East, 159.00 feet to a point for corner;
3) South 68° 19' 19" East, 175.00 feet to a point for corner;
4) North 62° 03' 41" East, 133.50 feet to a point for corner;
5) North 70° 50' 40" East, 166.09 feet to a point for corner
on the westerly right-of-way line of Mueschke Road (width varies)
as described in the easement of record under File Number
20090505548, H.C.O.P.R.R.P.;
Thence, South 00° 53' 26" West, along said westerly
right-of-way line, 203.65 feet to a point for corner;
Thence, South 07° 27' 36" East, continuing along said westerly
right-of-way line, 126.48 feet to a point for corner on the
southerly line of the aforementioned 78.36 acre tract, same being
the centerline of that certain called 60 foot wide easement of
record under Volume 2921, Page 518, H.C.D.R. ;
Thence, North 87° 31' 51" West, along said southerly line and
along said centerline, 1,080.38 feet to a point for the northeast
corner of the aforementioned 34.507 acre tract, said point being on
the common survey line of said Jacob Duckworth Survey and said R. H.
Barrow Survey;
Thence, South 03° 32' 23" East, along the east line of said
34.507 acre tract and said common survey line, passing at 30.17 feet
a 5/8-inch iron rod found on the southerly line of said 60-foot wide
easement, continuing in all a distance of 1,970.98 feet to a point
for the southwest corner of that certain called 5.0000 acre tract
conveyed to Llewellyn Harkness, IV and Julie McGee Harkness by an
instrument of record under File Number S588883, H.C.O.P.R.R.P.;
Thence, South 85° 45' 57" East, along the south line of said
5.0000 acre tract, 722.02 feet to a 5/8-inch iron rod found for the
southwest corner of that certain called 1.876 acre tract of land
conveyed to John R. Kaleh by an instrument of record under File
Number T623472, H.C.O.P.R.R.P.;
Thence, South 86° 02' 16" East, along the south line of said
1.876 acre tract, 343.94 feet to a 5/8-inch iron rod with cap
stamped "RODS SURVEYING" found for corner on the west right-of-way
line of Mueschke Road (called 100 feet wide at this point) as
described in the easement of record under File Numbers 2010002193
and 20090575159, H.C.O.P.R.R.P., the beginning of a curve;
Thence, 58.79 feet along said west right-of-way line and
along the arc of a non-tangent curve to the left having a radius of
2,050.00 feet, a central angle of 01° 38' 35", and a chord that bears
South 03° 33' 24" East, 58.79 feet to a point for corner, from which
a found 5/8-inch iron rod with cap stamped "RODS SURVEYING" bears
South 10° 55' 31" East, 0.24 feet;
Thence, South 04° 22' 42" East, continuing along said west
right-of-way line, 914.05 feet to a 1-3/4-inch aluminum cap stamped
"RODS SURVEYING" found in concrete at the northerly end of a
cut-back corner on the west right-of-way line of Mueschke Road;
Thence, South 41° 43' 00" West, continuing along said west
right-of-way line, 20.80 feet to the POINT OF BEGINNING and
containing 264.723 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
8452, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8452.106 to read as follows:
Sec. 8452.106. 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, 2013.