Bill Text: TX HB964 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 529; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-06-14 - Effective immediately [HB964 Detail]

Download: Texas-2013-HB964-Enrolled.html

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H.B. No. 964

relating to the creation of the Harris County Municipal Utility
District No. 529; 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 8444 to read as follows:
CHAPTER 8444. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 529
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8444.001. 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. 529.
Sec. 8444.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8444.003. 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. 8444.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8444.003
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. 8444.005. 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 a
municipal utility district as provided by general law and Section
59, Article XVI, Texas Constitution.
Sec. 8444.006. 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. 8444.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8444.052, directors serve
staggered four-year terms.
Sec. 8444.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Joseph Forrester;
(2) Eric Willis;
(3) George Kaleh;
(4) Jennifer Montgomery; and
(5) Dan Quinlan.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8444.003; 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 8444.003 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 8444.003; 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. 8444.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8444.102. 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. 8444.103. 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. 8444.151. 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 8444.153.
(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.
Sec. 8444.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8444.151, 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. 8444.153. 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. 8444.201. 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. 8444.202. 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.
SECTION 2. The Harris County Municipal Utility District No.
529 initially includes all the territory contained in the following
area:
TRACT 1
BEING a 54.22 acre tract of land situated in the Joel Wheaton
Survey, A-80, City of Houston, Harris County, Texas, being out of
Lot 3 of Bringhurst Subdivision an unrecorded subdivision and being
all or part of the following ten (10) tracts of land: a called
18.4965 acre tract described and recorded under Harris County
Clerk's File Number (H.C.C.F. No.) V502562, a called 2.9313 acre
tract described and recorded under H.C.C.F. No. Z195460, a called
2.9228 acre tract described and recorded under H.C.C.F. No.
Z162927, a called 3.5932 acre tract described as Tract 1, a called
3.000 acre tract described as Tract 2, a called 4.0403 acre tract
described as Tract 4 all three recorded under H.C.C.F. No. Z167404,
a called 8.211 acre tract described and recorded under H.C.C.F. No.
Z023414, a called 3.4341 acre tract described and recorded under
H.C.C.F. No. V374135, a called 8.2113 acre tract described and
recorded under H.C.C.F. No. Y751625 and a called 3.4341 acre tract
described and recorded under H.C.C.F. No. Z023415, said 54.22 acre
tract being more particularly described by metes and bounds as
follows;
BEGINNING at a 3/4-inch iron pipe found for the southwest
corner of said 18.4965 acre tract and the southeast corner of a
called 21.8525 acre tract described and recorded under H.C.C.F. No.
20110402697 and being in the northern right-of-way line of
Westheimer Road (120-foot wide) as shown on the plat recorded in
Volume 331, Page 4 of the Harris County Map Records (H.C.M.R.)
THENCE, N 01° 42' 00" W, a distance of 2,092.45 feet (Called
SOUTH 2092.35 feet per H.C.C.F. No. V502562) along the line common
to said 18.4965 acre tract and said 21.8525 acre tract to a 3/4-inch
iron rod found for the most southerly southwest corner of LAKES OF
PARKWAY SEC. 17 as shown on the plat recorded at Film Code No.
563202 of the H.C.M.R. and being the northwest corner of the herein
described tract;
THENCE, N 87° 24' 19" E, a distance of 502.67 feet (Called S
89°05'17" W 502.62 feet per H.C.C.F. No. V502562) along the line
common to said 18.4965 acre tract and said LAKES OF PARKWAY SEC. 17
and LAKES OF PARKWAY SEC. 14 as shown on the plat recorded at Film
Code No. 540188 of the H.C.M.R. to a 1/2-inch iron pipe with cap
stamped BROWN & GAY set for the northeast corner of said 18.4965
acre tract and being in the west line of said called 8.2113 acre
tract described and recorded under H.C.C.F. No. Y751625;
THENCE, N 02° 05' 46" W, a distance of 515.73 feet (Called N
00°05'15" E per H.C.C.F. No. Y751625) along the line common to said
8.2113 acre tract and said LAKES OF PARKWAY SEC. 14 to a 5/8-inch
iron rod found for the southwest corner of SAN BRISAS APARTMENTS
REPLAT NO. 1 as shown on the plat recorded at Film Code No. 571150 of
the H.C.M.R.;
THENCE, N 87° 55' 42" E, a distance of 448.11 feet (Called S
89°53'17" E 448.11 feet per H.C.C.F. No. Y751625) along the line
common to said 8.2113 acre tract and said SAN BRISAS APARTMENTS
REPLAT NO. 1 to a 5/8-inch iron rod found for corner and being in the
west line of said called 3.4341 acre tract described and recorded
under H.C.C.F. No. Z023415;
THENCE, N 02° 04' 17" W, a distance of 136.30 feet along the
line common to said 3.4341 acre tract and said SAN BRISAS APARTMENTS
REPLAT NO. 1 to a 5/8-inch iron rod with cap stamped EHRA
713-784-4500 found for the southwest corner of a called 1.0000 acre
tract described and recorded under H.C.C.F. No. U668014 and the
northwest corner of said 3.4341 acre tract;
THENCE, N 87° 29' 27" E, a distance of 520.39 feet (Called N
89°42'32" E 520.60 feet per H.C.C.F. No. Z023415) along the line
common to said 3.4341 acre tract and said 1.0000 acre tract to a
5/8-inch iron rod with cap stamped EHRA 713-784-4500 found for the
common eastern corners of said tracts and being in the west line of
RORICK PLACE as shown on the plat recorded at Film Code No. 468117
of the H.C.M.R.;
THENCE, S 02° 07' 56" E, a distance of 287.70 feet (Called S
00°02'40" W 287.26 feet per H.C.C.F. No. Z023415) along the line
common to said 3.4341 acre tract and said RORICK PLACE and ELDRIDGE
LAND, LLC as shown on the plat recorded at Film Code No. 456014 of
the H.C.M.R. to a 5/8-inch iron rod found for the southeast corner
of said 3.4341 acre tract and being in the north line of ELDRIDGE
APARTMENTS as shown on the plat recorded at Film Code No. 522292 of
the H.C.M.R.;
THENCE, S 87° 32' 02" W, a distance of 520.69 feet (Called S
89°42'32" W 520.93 feet per H.C.C.F. No. Z023415) along the line
common to said 3.4341 acre tract and said ELDRIDGE APARTMENTS to a
1/2-inch iron pipe with cap stamped BROWN & GAY set for an interior
ell corner of the herein described tract and being in the east line
of the afore mentioned 8.2113 acre tract;
THENCE, S 02° 04' 17" E, a distance of 573.71 feet (Called S
00°06'43" W per H.C.C.F. No. Y751625) along the line common to said
8.2113 acre tract and said ELDRIDGE APARTMENTS to a Nail with shiner
found for the northwest corner of said 3.4341 acre tract described
and recorded under H.C.C.F. No. V374135;
THENCE, N 87° 32' 02" E, a distance of 521.29 feet (Called N
89°42'32" E 521.61 feet per H.C.C.F. No. V374135) along the line
common to said 3.4341 acre tract and said ELDRIDGE APARTMENTS to a
1/2-inch iron rod found for the northeast corner of said 3.4341 acre
tract and being in the west line of Rincon Drive (60-foot wide) as
shown on the plat recorded at Film Code No. 408056 of the H.C.M.R.;
THENCE, S 02° 07' 48" E, a distance of 286.10 feet (Called S
00°02'40" W 286.70 feet per H.C.C.F. No. V374135) along the east
line of said 3.4341 acre tract and the west line of said Rincon
Drive and the west line of CONCIERGE CARE PARTIAL REPLAT as shown on
the plat recorded at Film Code No. 421008 of the H.C.M.R. to a
5/8-inch iron rod found for the northeast corner of a called 3.4341
acre tract described and recorded under H.C.C.F. No. X753041;
THENCE, S 87° 31' 32" W, a distance of 521.58 feet (Called S
89°42'32" W 521.95 feet per H.C.C.F. No. V374135) along the line
common to the two said 3.4341 acre tracts to a 1/2-inch iron pipe
with cap stamped BROWN & GAY set for the west corner common to said
3.4341 acre tracts and being in the east line of said called 8.211
acre tract described and recorded under H.C.C.F. No. Z023414;
THENCE, S 02° 04' 17" E, a distance of 579.26 feet (Called S
00°06'43" W per H.C.C.F. No. Z023414) along the line common to said
8.211 acre tract and said 3.4341 acre tract and a called 3.433 acre
tract to a 1/2-inch iron pipe with cap stamped BROWN & GAY set for
the southeast corner of said 8.211 acre tract and being in the north
line of said called 4.0403 acre tract described and recorded under
H.C.C.F. No. Z167404;
THENCE, S 04° 05' 23" E, a distance of 27.97 feet to a MAG Nail
in asphalt road found for the northwest corner of a called 3.59 acre
tract described and recorded under H.C.C.F. No. 20100549644;
THENCE, S 01° 59' 03" E, a distance of 330.00 feet (Called S
00°41'03" W 330.01 feet per H.C.C.F. No. Z167404) along the line
common to said 3.59 acre tract and said 4.0403 acre tract to a MAG
Nail found in asphalt road for the southwest corner of said 3.59
acre tract and southeast corner of said 4.0403 acre tract;
THENCE, S 87° 25' 08" W, a distance of 20.00 feet to a 5/8-inch
iron rod with cap stamped BENCHMARK ENGR. found for the northeast
corner of said 3.000 acre tract;
THENCE, S 01° 59' 03" E, a distance of 305.61 feet (Called S
00°41'03" W 305.62 feet per H.C.C.F. No. Z167404) along the east
line of said 3.000 acre tract to 1/2-inch iron pipe with cap stamped
BROWN & GAY set for the southeast corner of said 3.000 acre tract;
THENCE, N 87° 25' 08" E, a distance of 20.00 feet to a MAG Nail
found in asphalt road for the northeast corner of said 3.5932 acre
tract;
THENCE, S 01° 59' 03" E, a distance of 101.16 feet (Called S
00° 41' 03" W, per H.C.C.F. No. Z167404) along the line common to
said 3.5932 acre tract and a called 2.8470 acre tract described as
Tract III and a called 0.7462 acre tract described as Tract II, both
recorded under H.C.C.F. No. 20090486602 to a 1/2-inch iron pipe
with cap stamped BROWN & GAY set for the southeast corner of the
herein described tract;
THENCE, S 87° 27' 48" W, a distance of 659.02 feet over and
across said 3.5932 acre tract and said 2.9228 acre tract to a
1/2-inch iron pipe with cap stamped BROWN & GAY set for corner;
THENCE, S 02° 21' 27" E, a distance of 250.00 feet (Called N
00° 30' 35" E, per H.C.C.F. No. Z162927) to a 5/8-inch iron rod found
for the southwest corner of said 2.9228 acre tract and the southeast
corner of a called 2.9313 acre tract described and recorded under
H.C.C.F. No. Z195460 and being in the northern right-of-way line of
said Westheimer Road;
THENCE, S 87° 27' 48" W, a distance of 306.23 feet (Called N
89°11'42" E per H.C.C.F. No. V502562) along the northern
right-of-way line of said Westheimer Road to the POINT OF BEGINNING
and containing 54.22 acres of land.
TRACT 2
A METES AND BOUNDS description of a certain 38.83 acre tract
of land situated in the Joel Wheaton Survey, Abstract No. 80 in
Harris County, Texas; being a portion of a called 67.8 acre tract
conveyed to The Restelle Company by Instruments recorded in Clerks
File Nos G898468 and G898470, both of the Harris County Official
Public Records of Real Property; said 38.83 acre tract being more
particularly described as follows with all bearings being based on
the Texas Coordinate System, South Central Zone, NAD 83:
BEGINNING at a 5/8-inch iron rod found being the southeast
corner of Westheimer At Eldridge Center recorded in Film Code No.
388053, Harris County Map Records, also being in the north
right-of-way of Westheimer Road (based on a width of 120 feet);
THENCE, North 01°58'37" West, 3017.39 feet to a 5/8-inch iron
rod (with cap stamped "Cotton Surveying") set being in the east line
of Replat Parkway Plaza Section Two recorded in Film Code No.
355131, Harris County Map Records;
THENCE, North 88°01'23" East, 855.00 feet over and across said
67.8 acre tract to a 5/8-inch iron rod (with cap stamped "Cotton
Surveying") set being in the west line of Gentryside Townhomes
recorded in Film Code No. 515264, Harris County Map Records;
THENCE, South 01°44'06" East, 851.35 feet to a 5/8-inch iron
rod (with cap stamped "Cotton Surveying") set being the southwest
corner of Lot 8, Block 6, out of Reflections Section 1 recorded in
Volume 293, Page 102, Harris County Map Records;
THENCE, South 87°23'56" West, 399.90 feet to a 5/8-inch iron
rod (with cap stamped "Cotton Surveying") set being the northwest
corner of Lot 1, Block 6 out of said Reflections Section 1;
THENCE, South 01°39'27" East, 2157.43 feet to a 5/8-inch iron
rod (with cap stamped "Cotton Surveying") set being the southwest
corner of Reserve "A" out of said Reflections Section 1, also being
in the aforementioned north right-of-way;
THENCE, South 87°27'49" West, 439.52 feet to the POINT OF
BEGINNING, CONTAINING 38.83 acres of land in Harris County, Texas
as shown on Drawing No. 7859 (OS) A in the office of Cotton
Surveying Company in Houston, 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) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8444, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8444.104 to read as follows:
Sec. 8444.104. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 964 was passed by the House on April
25, 2013, by the following vote: Yeas 136, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 964 was passed by the Senate on May
17, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor