Bill Text: TX HB3876 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 530; 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 [HB3876 Detail]
Download: Texas-2013-HB3876-Introduced.html
83R10375 RWG-F | ||
By: Riddle | H.B. No. 3876 |
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relating to the creation of the Harris County Municipal Utility | ||
District No. 530; 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 8451 to read as follows: | ||
CHAPTER 8451. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 530 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8451.001. 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. 530. | ||
Sec. 8451.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8451.003. 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. 8451.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 8451.003 | ||
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. 8451.005. 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. 8451.006. 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. 8451.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8451.052, directors serve | ||
staggered four-year terms. | ||
Sec. 8451.052. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Jerry Ashmore; | ||
(2) Bari Pace; | ||
(3) Robert Quarles; | ||
(4) Neal Shudde; and | ||
(5) Jim Thomas. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8451.003; 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 8451.003 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 8451.003; 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. 8451.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8451.102. 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. 8451.103. 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. 8451.104. 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. 8451.105. 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. 8451.151. 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 8451.153. | ||
(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. 8451.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8451.151, 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. 8451.153. 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. 8451.201. 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. 8451.202. 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. 8451.203. 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. 530 initially includes all the territory contained in the | ||
following area: | ||
Being 384.307 acres of land located in the William Hironymus | ||
Survey, Abstract 352, the Thomas Martin Survey, Abstract 552, the | ||
Milton Yates Survey, Abstract 945 and the G. C. & S. F. R.R. Survey, | ||
Abstract 1301, Harris County, Texas, more particularly being all | ||
portion of that certain called 151.830 acre tract conveyed to | ||
District & Urban (Texas), Inc. by an instrument of record under File | ||
Number V839891, 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 76.3015 acre tract conveyed to District & Urban | ||
(Texas), Inc. by an instrument of record under File Number U759568, | ||
H.C.O.P.R.R.P., all of that certain called 134.113 acre tract | ||
conveyed to New Light Church World Outreach and Worship Centers, | ||
Inc. by an instrument of record under File Number 20110367407, | ||
H.C.O.P.R.R.P., and a portion of that certain called 48.1306 acre | ||
tract conveyed to New Light Church World Outreach and Worship | ||
Centers, Inc. by an instrument of record under File Number S473526, | ||
H.C.O.P.R.R.P., said 384.307 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 1/2-inch iron rod found at the northwest | ||
corner of Klein I.S.D. Benignus Elementary School, a subdivision of | ||
record under Film Code 591255, Harris County Map Records, | ||
(H.C.M.R.), same being the northeast corner of said 134.113 acre | ||
tract and being on the southerly right-of-way line of F.M. 2920 (120 | ||
feet wide) as recorded in Volume 7182, Pg. 575, Volume 7195, Page | ||
405, and Volume 8040, Page 330, Harris County Deed Records | ||
(H.C.D.R.); | ||
Thence, South 02° 18' 34" East, along the west line of said | ||
Klein I.S.D. Benignus Elementary School, 889.00 feet to a point for | ||
the southwest corner of said School, same being the northwest | ||
corner of Windrose West Sec. 15 Amending Plat No. 1, a subdivision | ||
of record under Film Code 600043, H.C.M.R. and from which a 3/4-inch | ||
iron rod with a cap stamped "COTTON SURVEYING" found bears North 88° | ||
22' 58" West, 2.47 feet; | ||
Thence, South 02° 19' 34" East, along the west line of said | ||
Windrose West Sec. 15, 613.36 feet to an angle point for corner; | ||
Thence, South 02° 15' 50" East, continuing along the west line | ||
of said Windrose West Sec. 15, 421.93 feet to an angle point for | ||
corner; | ||
Thence, South 02° 27' 35" East, continuing along the west line | ||
of said Windrose West Sec. 15, 737.94 feet to a 5/8-inch iron rod | ||
with a cap stamped "CARTER & BURGESS" found for the southwest corner | ||
of said Windrose West Sec. 15, same being the northeast corner of | ||
Windrose West Sec. 12, a subdivision of record under Film Code | ||
556244, H.C.M.R.; | ||
Thence, South 02° 24' 52" East, along the west line of said | ||
Windrose West Sec. 12, 574.92 feet to a 5/8-inch iron rod with a cap | ||
stamped "CARTER & BURGESS" found for the southwest corner of said | ||
Windrose West Sec. 12; | ||
Thence, North 87° 22' 10" East, along the south line of said | ||
Windrose West Sec. 12, 291.75 feet to a 5/8-inch iron rod with a cap | ||
stamped "CARTER & BURGESS" found for the northwest corner of | ||
Windrose West Sec. 14, a subdivision of record under Film Code | ||
576205, H.C.M.R.; | ||
Thence, South 01° 41' 48" East, along the west line of said of | ||
Windrose West Sec. 14, 1,358.62 feet to a 5/8-inch iron rod with a | ||
cap stamped "CARTER & BURGESS" found for an interior angle point for | ||
corner on said west line, same being the southeast corner of said | ||
134.113 acre tract, said point being on the common survey line of | ||
the aforementioned Thomas Martin and G.C. & S.F. R.R. Surveys; | ||
Thence, South 87° 53' 49" West, continuing along said west | ||
line and along the south line of said 134.113 acre tract and said | ||
common survey line, passing the most northerly southwest corner of | ||
said Windrose West Sec. 14 at 63.99 feet, same being the northeast | ||
corner of the residue of a called 16.7436 acre tract known as "Tract | ||
2" being conveyed to New Light Church World Outreach and Worship | ||
Centers, Inc. under File Number S473526, H.C.O.P.R.R.P., from which | ||
a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears | ||
South 11° 59' 34" East, 1.08 feet, continuing along said south line, | ||
a total of 1,332.77 feet to a point for corner, said point being on | ||
the north line of the aforementioned 48.1306 acre tract; | ||
Thence, South 34° 56' 11" West, departing the south line of | ||
said 134.113 acre tract, the north line of said 48.1306 acre tract | ||
and said common survey line, over and across said 48.1306 acre | ||
tract, 359.28 feet to a point for corner; | ||
Thence, South 02° 02' 25" East, continuing across said 48.1306 | ||
acre tract, 795.30 feet to a point for corner on the south line of | ||
said 48.1306 acre tract; | ||
Thence, South 87° 57' 28" West, along said south line, 857.69 | ||
feet to a 5/8-inch iron rod with cap stamped "AECOM-INC" found for | ||
corner on the easterly right-of-way line of Stuebner-Airline Road | ||
(called 120 feet wide) as described under File Number 20100437741, | ||
H.C.O.P.R.R.P. and Volume 3042, Page 345, H.C.D.R.; | ||
Thence, North 25° 49' 27" West, along said easterly | ||
right-of-way line, 1,180.95 feet to a point for corner on the north | ||
line of said 48.1306 acre tract and the south line of that certain | ||
called 10.4772 acre tract conveyed to Morris Strack and Helen R. | ||
Strack by an instrument of record under File Number T245825, | ||
H.C.O.P.R.R.P., and the aforementioned common survey line of the | ||
Thomas Martin and G. C. and S.F. R.R. Surveys; | ||
Thence, North 87° 53' 49" East, along the north line of said | ||
48.1306 acre tract, the south line of said 10.4772 acre tract and | ||
along said common survey line, 767.63 feet to a 1/2-inch iron rod | ||
found for the southeast corner of said 10.4722 acre tract and the | ||
southwest corner of the aforementioned 134.113 acre tract; | ||
Thence, North 16° 50' 36" West, departing said common survey | ||
line and along the east line of said 10.4772 acre tract, 763.85 feet | ||
to a 1/2-inch iron rod found for the northeast corner of said | ||
10.4772 acre tract; | ||
Thence, along the northerly line of said 10.4772 acre tract | ||
and a southerly line of said 134.113 acre tract, the following three | ||
(3) courses: | ||
1) South 73° 26' 34" West, 532.31 feet to a 1/2-inch iron rod | ||
found for corner; | ||
2) South 26° 26' 59" East, 233.61 feet to a 5/8-inch iron rod | ||
found for corner; | ||
3) South 63° 25' 39" West, 299.22 feet to a 5/8-inch iron rod | ||
with cap stamped "AECOM-INC" found for corner on the easterly | ||
right-of-way line of said Stuebner-Airline Road; | ||
Thence, North 25° 49' 27" West, along said easterly | ||
right-of-way line, 751.96 feet to a 5/8-inch iron rod with cap | ||
stamped "SURVCON" found for the south corner of that certain called | ||
1.955 acre tract conveyed to Harris County by an instrument of | ||
record under File Number 20100437741, H.C.O.P.R.R.P.; | ||
Thence, along the southeasterly line of said 1.955 acre | ||
tract, the following four (4) courses: | ||
1) North 64° 13' 10" East, 106.29 feet to a 5/8-inch iron rod | ||
with cap stamped "SURVCON" found for corner; | ||
2) North 09° 27' 35" East, 62.36 feet to a 5/8-inch iron rod | ||
with cap stamped "SURVCON" found for corner; | ||
3) North 22° 59' 23" East, 225.45 feet to a 5/8-inch iron rod | ||
with cap stamped "SURVCON" found for corner; | ||
4) North 25° 49' 17" West, 77.74 feet to a 5/8-inch iron rod | ||
with cap stamped "SURVCON" found for the northeast corner of said | ||
1.955 acre tract, said point being on the south line of that certain | ||
called 5.000 acre tract conveyed to J.M.C. and Associates, Inc. by | ||
an instrument of record under File Number R457814, H.C.O.P.R.R.P., | ||
said point being on the north line of said 134.113 acre tract, and | ||
being on the common survey line of the Thomas Martin and Milton | ||
Yates Surveys; | ||
Thence, North 87° 21' 28" East, along said common survey line, | ||
207.75 feet to a point for the southeast corner of said 5.000 acre | ||
tract and a re-entrant corner on the west line of said 134.113 acre | ||
tract, same being the common south corner of said Milton Yates | ||
Survey and the aforementioned Thomas Hironymus Survey; | ||
Thence, North 02° 22' 08" West, along the common survey line | ||
of the Milton Yates and said Thomas Hironymus Surveys and along a | ||
west line of said 134.113 acre tract at 231.67 feet pass a 3/8-inch | ||
iron rod found for the most northerly northwest corner of said | ||
134.113 acre tract, same being the southwest corner of the | ||
aforementioned 151.830 acre tract, continuing along said common | ||
survey line and along the west line of said 151.830 acre tract, in | ||
all a total distance of 1,104.29 feet to a 3/8-inch iron rod found | ||
for the southeast corner of the aforementioned 76.3015 acre tract, | ||
same being the northeast corner of that certain called 4.023 acre | ||
tract conveyed to Sterling Bank by an instrument of record under | ||
File Number 20090503482, H.C.O.P.R.R.P., said 4.023 acre tract | ||
being a portion of that certain called 8.0240 acre tract conveyed to | ||
John Dempsey, Brian Dempsey and Darryl Dempsey by an instrument of | ||
record under File Number X690238, H.C.O.P.R.R.P.; | ||
Thence, along the south line of said 76.3015 acre tract, the | ||
following six (6) courses: | ||
1) South 76° 50' 39" West, along the north line of said | ||
8.0240 acre tract, 440.36 feet to a 5/8-inch iron rod with cap | ||
stamped "HOVIS" found for the southeast corner of that certain | ||
called 1.003 acre tract conveyed to Dan A. Hughes by an instrument | ||
of record under File Number T782305, H.C.O.P.R.R.P.; | ||
2) North 13° 09' 21" West, departing the north line of said | ||
8.0240 acre tract and along the east line of said 1.003 acre tract, | ||
235.00 feet to a point for corner; | ||
3) South 76° 50' 39" West, along the north line of said 1.003 | ||
acre tract, 186.00 feet to a point for corner; | ||
4) South 13° 09' 21" East, along the west line of said 1.003 | ||
acre tract, 235.00 feet to a 5/8-inch iron rod with cap stamped | ||
"HOVIS" found for the southwest corner of said 1.003 acre tract, | ||
said point being on the north line of said 8.0240 acre tract; | ||
5) South 76° 44' 34" West, along the north line of said | ||
8.0240 acre tract, 46.98 feet to a 3/8-inch iron rod found for an | ||
angle point on the north line of said 8.0240 acre tract and the | ||
south line of said 76.3015 acre tract; | ||
6) South 62° 27' 26" West, continuing along the north line of | ||
said 8.0240 acre tract, 285.67 feet to a point for corner on the | ||
easterly right-of-way line of Stuebner-Airline Road (called 120 | ||
feet wide) as described under File Number 20100319615, | ||
H.C.O.P.R.R.P.; | ||
Thence, North 25° 49' 27" West, along said easterly | ||
right-of-way line, 2,215.66 feet to a point for corner, the | ||
beginning of a curve; | ||
Thence, 392.98 feet continuing along said easterly | ||
right-of-way line (width varies) and the arc of a tangent curve to | ||
the right having a radius of 1,082.00 feet, a central angle of 20° | ||
48' 35", and a chord that bears North 15° 25' 10" West, 390.82 feet | ||
to a point for corner at the end of said curve on the aforementioned | ||
southerly right-of-way line of F.M. 2920, the beginning of a curve; | ||
Thence, 560.99 feet along said southerly right-of-way line of | ||
F.M. 2920 and the arc of a non-tangent curve to the left having a | ||
radius of 3,879.77 feet, a central angle of 08° 17' 05", and a chord | ||
that bears South 88° 23' 15" East, 560.51 feet to a point for corner; | ||
Thence, North 87° 28' 13" East, continuing along said | ||
southerly right-of-way line of F.M. 2920, 3,971.10 feet to the | ||
POINT OF BEGINNING and containing 384.307 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 | ||
8451, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8451.106 to read as follows: | ||
Sec. 8451.106. 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. |