Bill Text: TX SB1841 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the creation of the Harris County Water Control and Improvement District No. 161; granting the power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2013-06-14 - Effective immediately [SB1841 Detail]

Download: Texas-2013-SB1841-Enrolled.html

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S.B. No. 1841

AN ACT
relating to the creation of the Harris County Water Control and
Improvement District No. 161; granting the 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 I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9047 to read as follows:
CHAPTER 9047. HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
NO. 161
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9047.001. 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 Water Control
and Improvement District No. 161.
Sec. 9047.002. NATURE OF DISTRICT. The district is a water
control and improvement district created under Section 59, Article
XVI, Texas Constitution.
Sec. 9047.003. 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. 9047.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 9047.003
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. 9047.005. 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 water control and improvement 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. 9047.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating 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.
Sec. 9047.007. APPLICABILITY OF LAW GOVERNING METROPOLITAN
WATER CONTROL AND IMPROVEMENT DISTRICTS. (a) Except as otherwise
provided by this chapter, Chapter 702 (S.B. 1358), Acts of the 68th
Legislature, Regular Session, 1983 (Article 717r, Vernon's Texas
Civil Statutes), applies to the district.
(b) Section 3, Chapter 702 (S.B. 1358), Acts of the 68th
Legislature, Regular Session, 1983 (Article 717r, Vernon's Texas
Civil Statutes), does not apply to the district.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9047.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 9047.052, directors serve
staggered four-year terms.
Sec. 9047.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Jeff Safe;
(2) Katy Walston;
(3) Brandon Buell;
(4) Bob Mueller; and
(5) Chad Meacham.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 9047.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 9047.003 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 9047.003; 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. 9047.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 9047.102. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS AND DUTIES. The district has the powers and duties provided
by the general law of this state, including Chapters 49 and 51,
Water Code, applicable to water control and improvement districts
created under Section 59, Article XVI, Texas Constitution.
Sec. 9047.103. 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. 9047.104. 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, zoning and
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. 9047.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted by the
City of Houston, Texas, that consents to the creation of the
district or to the inclusion of land in the district.
Sec. 9047.106. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district boundaries to acquire:
(1) a site for a water treatment plant, water storage
facility, wastewater treatment plant, or wastewater disposal
plant;
(2) a site for a park, swimming pool, or other
recreational facility, as defined by Section 49.462, Water Code;
(3) an exclusive easement through a county regional
park; or
(4) a site or easement for a road project.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9047.151. 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 9047.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 51, 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. 9047.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 9047.151, 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. 9047.153. 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. 9047.201. 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. 9047.202. 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 Section 51.433, Water Code.
Sec. 9047.203. 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 Water Control and Improvement
District No. 161 initially includes all the territory contained in
the following area:
Being 411.665 acres of land located in the Sylvester Murphy
League, Abstract 53, William Dobie 1/4 League, Abstract 16 and
James Routh Survey, Abstract 64, Harris County, Texas, more
particularly being all of that certain called 344.69 acre tract
(described herein as Tract 1) conveyed to Clear Dorado Land
Associates, L.P., by instrument of record in File No. 20070394486,
Official Public Records of Real Property, of said Harris County
(H.C.O.P.R.R.P.), and that certain called 66.96 acre tract
(described herein as Tract 2) conveyed to Clear Dorado Land
Associates, L.P., by instrument of record in File No. 20070394486,
and a portion of Clear Lake Substation, a Partial Replat, a
subdivision of record at Film Code No. 350118, Map Records, Harris
County, Texas (H.C.M.R.), said 411.665 acres being more
particularly described in two (2) parts by metes and bounds as
follows (all bearings referenced to the Texas State Plane
Coordinate System, South Central Zone, NAD 83, 2001 adjustment);
TRACT 1
Beginning at a 5/8-inch iron rod found for the Northeast
corner of Northfork, Section Seven, a subdivision of record under
Film Code No. 374011 of the Harris County Map Records (H.C.M.R),
same being a point on the southeasterly line of a called 50.342 acre
tract reserved by Exxon Corporation as recorded under File No.
P454723 of said H.C.O.P.R.R.P, and being the most westerly corner
of aforementioned 344.69 acre tract;
Thence, along the common line of said 50.342 acre tract and
said 344.69 acre tract the following four (4) courses;
1) North 34° 41' 55" East, 115.25 feet to a 5/8-inch
iron rod with cap stamped "SURVCON" found for corner;
2) South 30° 53' 52" East, 3.52 feet to a 5/8-inch iron
rod with cap stamped "SURVCON" found for corner;
3) North 36° 19' 04" East, 1,324.88 feet to a 5/8-inch
iron rod with cap stamped "SURVCON" found for corner;
4) North 35° 33' 30" East, 932.52 feet to a 5/8-inch
iron rod with cap stamped "SURVCON" found for corner, same being the
northwest corner of said 344.69 acre tract;
Thence, North 86° 13' 52" East, along the north line of said
344.69 acre tract and departing said common line, a distance of
4,426.85 feet to a 5/8-inch iron rod with cap stamped "SURVCON"
found for corner, same being the northeasterly corner of said
344.69 acre tract;
Thence, South 07° 01' 20" West, along the easterly line of
said 344.69 acre tract, 1,326.87 feet to a 5/8-inch iron rod with
cap stamped "SURVCON" found for corner, same being the most
northerly corner of a called 13.815 acre tract reserved by Exxon
Corporation as recorder under File No. P454723 of aforementioned
H.C.O.P.R.R.P;
Thence, South 52° 01' 20" West, along the northwesterly line
of said 13.815 acre tract 2,676.23 feet to a 5/8-inch iron rod with
aluminum disc found for corner, same being the southeast corner of
Restricted Reserve "A" as shown on the map of Clear Lake Substation
as recorded under Volume 345, Page 135 of Harris County Map Records;
Thence, departing said northwesterly line, along the
easterly, northerly and westerly lines of said Restricted Reserve
"A", the following five (5) courses;
1) North 04° 17' 13" West, 96.15 feet to a 5/8-inch iron
rod with aluminum disc found for corner;
2) South 52° 01' 20" West, 457.57 feet to a 5/8-inch
iron rod with aluminum disc found for corner;
3) North 37° 58' 40" West, 270.00 feet to a 5/8-inch
iron rod with aluminum disc found for corner;
4) South 52° 01' 20" West, 350.00 feet to a 5/8-inch
iron rod found for corner;
5) South 37° 58' 40" East, 350.00 feet to a 5/8-inch
iron rod with aluminum disc found for corner on the aforementioned
northwesterly line of said 13.815 acre tract;
Thence, along the northwesterly line of aforementioned
13.815 acre tract the following three (3) courses;
1) South 52° 01' 20" West, 1,423.48 feet to a 5/8-inch
iron rod, found for corner;
2) South 51° 00' 38" West, 1,057.28 feet to a 5/8-inch
iron rod, found for corner;
3) South 53° 12' 58" West, 159.01 feet to a 5/8-inch
iron rod with cap stamped "SURVCON" found for corner, the beginning
of a curve, same being a point on the northeasterly right-of-way
line of Almond Creek Drive (60 feet wide) as shown on Northfork
Section Three, a subdivision of record at film Code No. 357077 of
said Harris County Map Records;
Thence 38.01 feet along said existing northeasterly
right-of-way line of Almond Creek Drive and along the arc of a
non-tangent curve to the right, having a radius of 570.00 feet, a
central angle of 03° 49' 14" and a chord which bears North 35° 43' 49"
West 38.00 feet to a 5/8-inch iron rod, found for corner;
Thence, North 33° 49' 13" West, continuing along said existing
northeasterly right-of-way line to the most southerly corner of Lot
1, Block 4 of Northfork Section Three, 76.16 feet to a 5/8-inch
iron rod, found for corner;
Thence, North 51° 00' 33" East, along the southeasterly line
of said Block 4, 732.55 feet to a 5/8-inch iron rod, found for
corner, same being the southeast corner of Northfork Section Five,
a subdivision of record at Film Code No. 371088 of said Harris
County Map Records;
Thence, North 30° 56' 29" West, along the northeasterly line
of said Northfork Section Five, passing at 793.92 a found 5/8-inch
iron rod for the common easterly corner of said Northfork Section
Five and aforementioned Northfork Section Seven, continuing in all,
2,682.04 feet to the POINT OF BEGINNING and containing 344.695
acres of land.
TRACT 2
BEGINNING at a found 5/8-inch iron rod, found for the
northeast corner of aforementioned 66.96 acre tract;
Thence, South 07° 01' 17" West, 141.53 feet, to a 5/8-inch
iron rod with cap stamped "LJA ENG", set for corner on the
northwesterly line of Pine Brook Section Nine, a subdivision of
record at Film Code 385128 of said H.C.M.R;
Thence, South 52° 01' 20" West, along said northwesterly line
of Pine Brook Section Nine, 1,000.00 feet to a point for corner,
from which a found 5/8-inch iron rod bears North 16°52'22" West,
0.47 feet;
Thence, South 22° 07' 41" West, 2,004.76 feet to a point for
corner, same being the northeasterly corner of Restricted Reserve
"B", as shown on El Dorado Boulevard Fire Station, a subdivision of
record at Film Code No. 358053 of the Harris County Map Records and
an angle point on the southerly line of said 66.96 acre tract;
Thence, along the common line of said Restricted Reserve "B"
and said 66.96 acre tract the following four (4) courses;
1) South 63° 49' 46" West, 344.32 feet to a point for
corner, the beginning of a curve;
2) 26.43 feet along the arc of a non-tangent curve to
the left, having a radius of 3055.00 feet, a central angle of 00° 29'
44", and a chord which bears South 63°55' 26" West, 26.43 feet to a
point for corner, the beginning of a curve;
3) 65.86 feet along the arc of a non-tangent curve to
the left, having a radius of 2075.00 feet, a central angle of 01° 49'
06", and a chord which bears North 35° 26' 45" West, 65.85 feet to a
point for corner, the beginning of a curve;
4) 352.28 feet along the arc of a non-tangent curve to
the left, having a radius of 2575.00 feet, a central angle of 07° 50'
18", and a chord which bears North 38° 19' 18" West, 352.00 feet to a
point for corner, the beginning of a curve;
Thence, along the northerly line of said Restricted Reserve
"B" and the south line of said 66.96 acre tract, passing at an arc
distance of 25.81 feet the northwesterly corner of said Restricted
Reserve "B" and the easterly right-of-way line of said El Dorado
Boulevard, passing at an arc distance of 128.72 feet the westerly
right-of-way line of said El Dorado Boulevard and northeasterly
corner of Restricted Reserve "A" of said El Dorado Boulevard Fire
Station, passing at an arc distance of 502.38 feet the common
northerly corner of said Restricted Reserve "A" and a called
16.0808 acre tract, conveyed to Harris County Flood Control
District at File No. S990332 of the Harris County Official Public
Records of Real Property, and continuing in all, 823.58 feet along
the arc of a non-tangent curve to the left, having a radius of
3465.00 feet, a central angle of 13° 37' 06", and a chord which bears
South 55° 28' 50" West, 821.64 feet to a point for corner;
Thence, South 48° 40' 17" West, along the northerly line of
said 16.0808 acre tract and the south line of said 66.96 acre tract,
100.00 feet to a point for corner, the beginning of a curve;
Thence, with the common line of said 16.0808 acre tract and
said 66.96 acre tract, along the arc of a tangent curve to the
right, having a radius of 4,535.00 feet, passing at an arc distance
of 1,186.78 feet the nortwest corner of said 16.0808 acre tract and
the northeast corner of Restricted Reserve "B" as shown on
Northfork Section Three, a subdivision of record as shown at Film
Code No. 357077 of the Harris County Map Records, continuing in all
a total arc length of 1,201.84 feet through a central angle of 15°
11' 03", and a chord which bears South 56° 15' 49" West, 1,198.32
feet to a point for corner;
Thence, South 30° 56' 24" East, along the westerly line of
said Restricted Reserve "B" 104.90 feet to a point for corner, same
being the northerly corner of Lot 9, Block 2 of said Northfork,
Section Three
Thence, South 86° 49' 38" West, along the northerly line of
said Northfork, Section Three and the most southwesterly line of
aforementioned 66.96 acre tract, 726.08 feet to a point for corner,
same being the northwest corner of Lot 23, Block 2 as shown on said
Northfork, Section Three and a point on the easterly right-of-way
line of Almond Creek Drive, (60 feet wide) as shown on the map of
Northfork, Section Three, a subdivision of record at Film Code
Number 357077, of the Harris County Map Records;
Thence, North 53° 17' 55" West, along the east right-of-way
line of said Almond Creek Drive and said 66.96 acre tract, 97.01
feet to a point for corner, the beginning of a curve;
Thence, along the common line of said Almond Creek Drive and
said 66.96 acre tract, 55.12 feet along the arc of a tangent curve
to the right, having a radius of 570.00 feet, a central angle of 05°
32' 27", and a chord which bears North 50° 31' 41" West, 55.10 feet
to a point for corner, same being the Northwest corner of said 66.96
acre tract, and a point on the northeasterly right-of-way line of
said Almond Creek Drive, and the most southerly corner of a called
13.815 acre tract reserved by Exxon Corporation as recorded under
File No. P454723 of the Harris County Official Public Records of
Real Property (H.C.O.P.R.R.P);
Thence along the southerly line of said 13.815 acre tract and
the north line of said 66.96 acre tract the following three (3)
courses;
1) North 53° 12' 58" East 150.62 feet to a point for
corner;
2) Thence, North 51° 00' 38" East, 1,058.39 feet to a
point for corner;
3) Thence, North 52° 01' 20" East, 4,753.03 feet to the
POINT OF BEGINNING and containing 66.970 acres of land.
Said Tract 1 and Tract 2, containing a total of 411.665 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) Section 9047.106, 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 9047, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 9047.106 to read as follows:
Sec. 9047.106. 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 Subsection (c),
Section 17, 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 hereby certify that S.B. No. 1841 passed the Senate on
April 25, 2013, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1841 passed the House on
May 20, 2013, by the following vote: Yeas 147, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor