Bill Text: TX SB1898 | 2013-2014 | 83rd Legislature | Comm Sub

---

Bill Title: Relating to the dissolution of the Harris County Municipal Utility District No. 213; the creation of the Harris County Municipal Utility District No. 213-A; the creation of the Harris County Municipal Utility District No. 213-B; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

Sponsorship: Partisan Bill (Democrat 1)

Status: (N/A - Dead) 2013-05-06 - Not again placed on intent calendar [SB1898 Detail]

Download: Texas-2013-SB1898-Comm_Sub.html

---

By: Garcia S.B. No. 1898
(In the Senate - Filed April 16, 2013; April 17, 2013, read
first time and referred to Committee on Intergovernmental
Relations; April 29, 2013, reported favorably by the following
vote: Yeas 5, Nays 0; April 29, 2013, sent to printer.)

A BILL TO BE ENTITLED
AN ACT
relating to the dissolution of the Harris County Municipal Utility
District No. 213; the creation of the Harris County Municipal
Utility District No. 213-A; the creation of the Harris County
Municipal Utility District No. 213-B; 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. On the effective date of this Act:
(1) the Harris County Municipal Utility District No.
213 is dissolved;
(2) the terms of the directors of the district expire;
and
(3) any assets of the district, including any tax or
assessment revenue, that remain after payment of the district's
liabilities are transferred to the Harris County Municipal Utility
District No. 213-A.
SECTION 2. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8478 to read as follows:
CHAPTER 8478. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8478.001. 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. 213-A.
Sec. 8478.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8478.003. 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. 8478.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8478.003
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. 8478.005. 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. 8478.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 3 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 3 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.
Sec. 8478.007. ANNEXATION BY MUNICIPALITY.
Notwithstanding any other law, if all of the territory of the
district is annexed by a municipality into the corporate limits of
that municipality before the date of the election under Section
8478.003, the district may not be dissolved and shall continue
until the district is dissolved under Section 43.074, Local
Government Code.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8478.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8478.052, directors serve
staggered four-year terms.
Sec. 8478.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) William K. Taylor;
(2) James Coursey; and
(3) Jacob Saour.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8478.003; or
(2) September 1, 2017.
(c) If permanent directors have not been elected under
Section 8478.003 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 8478.003; 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. 8478.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8478.102. 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. 8478.103. 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. 8478.104. 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. 8478.105. 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. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8478.151. DIVISION OF DISTRICT; PREREQUISITES. The
district may be divided into two or more new districts only if the
district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
Sec. 8478.152. LAW APPLICABLE TO NEW DISTRICT. This
chapter applies to any new district created by division of the
district, and a new district has all the powers and duties of the
district.
Sec. 8478.153. LIMITATION ON AREA OF NEW DISTRICT. A new
district created by the division of the district may not, at the
time the new district is created, contain any land outside the area
described by Section 3 of the Act enacting this chapter.
Sec. 8478.154. DIVISION PROCEDURES. (a) The board, on its
own motion or on receipt of a petition signed by the owner or owners
of a majority of the assessed value of the real property in the
district, may adopt an order dividing the district.
(b) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8478.003 to confirm the district's creation.
(c) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between the new districts.
(d) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
Sec. 8478.155. CONFIRMATION ELECTION FOR NEW DISTRICT.
(a) A new district created by the division of the district shall
hold a confirmation and directors' election as required by Section
8478.003.
(b) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
Sec. 8478.156. TAX OR BOND ELECTION. Before a new district
created by the division of the district may impose a maintenance tax
or issue bonds payable wholly or partly from ad valorem taxes, the
new district must hold an election as required by this chapter to
obtain voter approval.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8478.201. 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 8478.203.
(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. 8478.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8478.201, 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. 8478.203. 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 F. BONDS AND OTHER OBLIGATIONS
Sec. 8478.251. 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. 8478.252. 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.
Sec. 8478.253. 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 3. The Harris County Municipal Utility District No.
213-A initially includes all the territory contained in the
following area:
BEING A TRACT OF LAND CONTAINING 571.898 ACRES, MORE OR LESS,
SITUATED IN THE TALCOT PATCHING SURVEY, ABSTRACT NO. 620, HARRIS
COUNTY, TEXAS, CONSISTING OF THAT CERTAIN 697.0651-ACRE TRACT
DESCRIBED BY METES AND BOUNDS BELOW, SAVE AND EXCEPT THAT CERTAIN
111.307-ACRE TRACT ("SAVE AND EXCEPT TRACT 1") DESCRIBED BY METES
AND BOUNDS BELOW, AND SAVE AND EXCEPT THAT CERTAIN 13.860-ACRE
TRACT ("SAVE AND EXCEPT TRACT 2") DESCRIBED BY METES AND BOUNDS
BELOW:
THE 697.0651-ACRE TRACT:
BEGINNING at the intersection of the westerly right-of-way line of
Garth Road (80-foot R.O.W.) and northerly right -of-way line of
Wallisville Road (60-foot R.O.W.);
THENCE, South 80°13'00" West, along said northerly line, a distance
of 1641.66 feet to a point for corner;
THENCE, North 09°47'00" West, a distance of 500.00 feet to a point
for corner;
THENCE, South 80°13'00" West, a distance of 473.58 feet to a point
for corner;
THENCE, South 23°42'00" East, a distance of 515.04 feet to a point
for corner in the aforementioned northerly line of Wallisville
Road;
THENCE, North 89°32'55" West, along said northerly line, a distance
of 2070.91 feet to a point for corner at the intersection of said
northerly line and the easterly line of Haney Road (80-foot
R.O.W.);
THENCE, North 09°27' 55" West, along said easterly line a distance
of 6843.50 feet to a point of curvature;
THENCE, in a northwesterly direction, along said easterly line,
following a curve to the left with a central angle of 29°33'35", a
radius distance of 919.82 feet, a long chord bearing North 24°14'43"
West, 469.30 feet, and a total arc length of 474.55 feet to a point
for corner;
THENCE, North 81°03'40" East, a distance of 4420.01 feet to a point
for corner in the aforementioned westerly line of Garth Road;
THENCE, South 07°26' 25" East, along said westerly line a distance
of 4640.76 feet to a point for corner;
THENCE, South 82°33'35" West, a distance of 1002.24 feet to a point
for corner;
THENCE, South 04°15'35" West, a distance of 700.00 feet to a point
for corner;
THENCE, South 85°44'25" East, a distance of 1168.47 feet to a point
for corner in the aforementioned westerly line of Garth Road;
THENCE, South 07°26'25" East, along said westerly line, a distance
of 2043.92 feet to the POINT OF BEGINNING, and CONTAINING 697.0651
acres (30,364,155 sq. ft.) of land in Harris County, Texas.
SAVE AND EXCEPT TRACT 1:
Being all of the 111.307-acre tract described in the deed to Compass
Bank recorded under Harris County Clerk's File Number 20110005202,
being more particularly described by metes and bounds as follows
(all bearings are based on the record bearings of the called 717.279
acres as described in the deed to Garth-Wallisville, Limited,
recorded under Harris County Clerk's File Number D892853):
COMMENCING at a 1-inch iron pipe found in the west right-of-way line
of Garth Road (width varies), recorded under Harris County Clerk's
File Numbers D838008, W485307 and X600931 and in Volume 858, Page
333 of the Harris County Deed Records, marking the southeast corner
of the called 89.1 acres conveyed to George Hamman in Volume 1054,
Page 259 of the Harris County Deed Records, common with the
northeast corner of said called 717.279 acre tract and the
northeast corner of the called 25,000 square feet tract conveyed to
Charles Kipple, Trustee recorded under Harris County Clerk's File
Number H510278;
THENCE, South 07°26'25" East, along said west right-of-way line and
said Garth Road, at a distance of 100.00 feet, pass the southeast
corner of said called 25,000 square feet tract, at a distance of
2,035.56 feet, pass a 5/8-inch iron rod with plastic cap stamped
"Terra Surveying" set marking the northeast corner of the called
36.93 acre tract, conveyed to Costal Industrial Water Authority
recorded under Harris County Clerk's File Number D838008, at a
distance of 2,364.83 feet, pass a 5/8-inch iron rod found marking
the southeast corner of said called 36.93 acre tract, at a distance
of 4,640.76 feet pass the northeast corner of the called 5.0000 acre
tract, conveyed to Goose Creek Independent School District,
recorded under Harris County Clerk's File Number G873953, at a
distance of 4,853.40 feet, pass the southeast corner of said called
5.0000 acre tract common with the northeast corner of a called
15.0000 acre tract conveyed to Goose Creek Independent School
District, recorded under Harris County Clerk's File Number G812757,
at a distance of 5,563.16 feet pass the southeast corner of said
called 15.0000 acre tract, in all a total distance of 5,685.71 feet
to an angle corner in said west right-of-way line;
THENCE, North 85°44'25" West, continuing said west right-of-way
line, a distance of 10.27 feet, to an angle corner in said west
right-of-way line;
THENCE, South 07°26'25" East, continuing along said west
right-of-way line, a distance of 25.02 feet to 5/8-inch iron rod
with plastic cap stamped "Terra Surveying" set marking the
northeast corner and the POINT OF BEGINNING of the herein described
tract;
THENCE, South 07°26'25" East, continuing along said west
right-of-way line, a distance of 1,870.53 feet, to a 5/8-inch iron
rod with plastic cap stamped "Terra Surveying" set marking the
north end of the northwest right-of-way line cutback line at the
intersection of said Garth Road and Wallisville Road (width
varies), as described in the deeds recorded under Harris County
Clerk's File Numbers W485307, X715895 and X600931 and in Volume
311, Page 3 of the Harris County Map Records;
THENCE, South 36°32'16" West, along said northwest right-of-way
cutback line, a distance of 21.59 feet, to a 5/8-inch iron rod with
plastic cap stamped "Terra Surveying" set marking the south end of
said right-of-way cutback line;
THENCE, South 80°30'56" West, along the north right-of-way line of
said Wallisville Road, a distance of 772.43 feet to a 5/8-inch iron
rod with plastic cap stamped "Terra Surveying" set marking an angle
corner of the herein described tract;
THENCE, South 07°18'28" East, continuing along the said north
right-of-way line, a distance of 18.57 feet to a 5/8-inch iron rod
with plastic cap stamped "Terra Surveying" set marking an angle
corner of the herein described tract;
THENCE, South 80°22'16" West, continuing along said north
right-of-way line, a distance of 844.01 feet, to an "X" in concrete
found marking the southeast corner of a called 4.727 acre tract
conveyed to Houston Lighting & Power Company in Volume 3018, Page 26
of the Harris County Deed Records, common with an angle corner of
the herein described tract;
THENCE, North 09°36'02" West, along the east line of said called
4.727 acre tract, a distance of 498.68 feet, to a 5/8-inch iron rod
found marking the northeast corner of said called 4.727 acre tract
common with an interior corner of the herein described tract;
THENCE, South 80°23'58" West, along the north line of said called
4.727 acre tract, a distance of 473.58 feet, to a 5/8-inch rod found
in the east line of a the 150-foot wide Houston Lighting & Power
Company easement recorded in Volume 3021, Page 30 of the Harris
County Deed Records, common with the east line of the 22-foot wide
Houston Lighting & Power Company easement recorded in Volume 2809,
Page 645 of the Harris County Deed Records, marking the northwest
corner of said called 4.727 acre tract common with an angle corner
of the herein described tract;
THENCE, North 23°29'12" West, along the east line of said 22-foot
wide Houston Lighting and Power easement common with the east line
of a said 150-foot Houston Lighting and Power easement, a distance
of 1,966.90 feet to a 5/8-inch iron rod with plastic cap stamped
"Terra Surveying" set in the south line of the 20-foot wide Seagull
Petrochemical Corporation pipeline easement recorded under Harris
County Clerk's File Numbers M373402 and M645320 marking the
northwest corner of the herein described tract;
THENCE, North 66°30'50" East, along the south line of said 20-foot
wide Seagull Petrochemical Corporation pipeline easement, a
distance of 26.94 feet, to a 5/8-inch iron rod with plastic cap
stamped "Terra Surveying" set marking an angle corner of the herein
described tract;
THENCE, North 79°53'08" East, continuing along said south line, a
distance of 505.26 feet, to a 5/8-inch iron rod with plastic cap
stamped "Terra Surveying" set marking an angle corner of the herein
described tract;
THENCE, South 85°44'33" East, continuing along said south line, a
distance of 2,147.85 feet, to a 5/8-inch iron rod with plastic cap
stamped "Terra Surveying" set marking an angle corner of the herein
described tract;
THENCE, North 85°52'33" East, continuing along said south line, a
distance of 32.31 feet to the POINT OF BEGINNING and containing
111.307 acres (4,848,534 square feet) of land.
SAVE AND EXCEPT TRACT 2:
Being all of the 13.860-acre tract described in the deed to Compass
Bank recorded under Harris County Clerk's File Number 20110005202
and being more particularly described by metes and bounds as
follows (all bearings are based on the record bearings of the called
717.279 acres as described in the deed to Garth-Wallisville,
Limited, recorded under Harris County Clerk's File Number D892853):
COMMENCING at a 5/8-inch iron rod with plastic cap stamped "TERRA
SURVEYING" set marking the north end of the northwest right-of-way
line cutback line at the intersection of Garth Road (width varies),
recorded under Harris County Clerk's File Numbers D838008, W485307
and X600931 and in Volume 858, Page 333 of the Harris County Deed
Records and Wallisville Road (width varies), as described in the
deeds recorded under Harris County Clerk's File Numbers W485307,
X715895 and X600931 and in Volume 311, Page 3 of the Harris County
Map Records;
THENCE, South 36°32'16" West, along said northwest right-of-way
cutback line, a distance of 21.59 feet, to a 5/8-inch iron rod with
plastic cap stamped "Terra Surveying" set marking the south end of
said right-of-way cutback line;
THENCE, South 80°30'56" West, along the north right-of-way line of
said Wallisville Road, a distance of 772.43 feet to a 5/8-inch iron
rod with plastic cap stamped "Terra Surveying" set marking an angle
corner of the herein described tract;
THENCE, South 07°18'28" East, continuing along the said north
right-of-way line, a distance of 18.57 feet to a 5/8-inch iron rod
with plastic cap stamped "Terra Surveying" set marking an angle
corner of the herein described tract;
THENCE, South 80°22'16" West, continuing along said north
right-of-way line, a distance of 1,199.32 feet, to a 5/8-inch iron
rod with plastic cap stamped "TERRA SURVEYING" set marking an angle
corner in said north right-of-way line;
THENCE, North 89°32'55" West, continuing along said north
right-of-way line, a distance of 158.75 feet to the intersection of
said north right-of-way line and the west line of the 150-foot wide
Houston Lighting & Power Company easement recorded in Volume 3021,
Page 30 of the Harris County Deed Records;
THENCE, North 23°29'10" West, along said west line, a distance of
403.68 feet to a 5/8-inch iron rod with plastic cap stamped "TERRA
SURVEYING" set marking the intersection of said west line and the
north line of the 50-foot wide Humble Oil and Refining Company
easement recorded in Volume 5296, Page 354, of the Harris County
Deed Records marking the south corner and POINT OF BEGINNING of the
herein described tract;
THENCE, North 57°51'55" West, along said north line, a distance of
1,342.79 feet to a 5/8-inch iron rod with plastic cap stamped "S & V
SURVEYING" found marking the west corner of the aforesaid 13.860
acre tract common with the west corner of the herein described
tract;
THENCE, North 51°01'12" East, along a northwesterly line of said
13.860 acre tract, a distance of 651.92 feet to a 5/8-inch iron rod
with plastic cap stamped "S & V SURVEYING" found marking an angle
corner of said 13.860 acre tract common with an angle corner of the
herein described tract;
THENCE, North 23°29'12" West, along a westerly line of said 13.860
acre tract, a distance of 832.92 feet to a 5/8-inch iron rod with
plastic cap stamped "S & V SURVEYING" found in the south line of the
called 11.46 acre San Jacinto River Authority easement marking the
northwest corner of said 13.860 acre tract common with the
northwest corner of the herein described tract;
THENCE, North 79°53'28" East, along said south line, a distance of
133.63 feet to a 5/8-inch iron rod with plastic cap stamped "S & V
SURVEYING" found marking the northeast corner of said 13.860 acre
tract common with the intersection of said south line and the
aforesaid west line of the 150-foot wide Houston Lighting & Power
Company easement and the northeast corner of the herein described
tract;
THENCE, South 23°29'10" East, along said west line, a distance of
2,084.38 feet to the POINT OF BEGINNING and containing 13.860 acres
(603,742 square feet) of land.
SECTION 4. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8479 to read as follows:
CHAPTER 8479. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-B
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8479.001. 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. 213-B.
Sec. 8479.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8479.003. 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. 8479.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8479.003
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. 8479.005. 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. 8479.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 5 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 5 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.
Sec. 8479.007. ANNEXATION BY MUNICIPALITY.
Notwithstanding any other law, if all of the territory of the
district is annexed by a municipality into the corporate limits of
that municipality before the date of the election under Section
8479.003, the district may not be dissolved and shall continue
until the district is dissolved under Section 43.074, Local
Government Code.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8479.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8479.052, directors serve
staggered four-year terms.
Sec. 8479.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2013, 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 temporary
directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8479.003; or
(2) September 1, 2017.
(c) If permanent directors have not been elected under
Section 8479.003 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 8479.003; 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. 8479.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8479.102. 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. 8479.103. 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. 8479.104. 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. 8479.105. 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. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8479.151. DIVISION OF DISTRICT; PREREQUISITES. The
district may be divided into two or more new districts only if the
district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
Sec. 8479.152. LAW APPLICABLE TO NEW DISTRICT. This
chapter applies to any new district created by division of the
district, and a new district has all the powers and duties of the
district.
Sec. 8479.153. LIMITATION ON AREA OF NEW DISTRICT. A new
district created by the division of the district may not, at the
time the new district is created, contain any land outside the area
described by Section 5 of the Act enacting this chapter.
Sec. 8479.154. DIVISION PROCEDURES. (a) The board, on its
own motion or on receipt of a petition signed by the owner or owners
of a majority of the assessed value of the real property in the
district, may adopt an order dividing the district.
(b) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8479.003 to confirm the district's creation.
(c) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between the new districts.
(d) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
Sec. 8479.155. CONFIRMATION ELECTION FOR NEW DISTRICT.
(a) A new district created by the division of the district shall
hold a confirmation and directors' election as required by Section
8479.003.
(b) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
Sec. 8479.156. TAX OR BOND ELECTION. Before a new district
created by the division of the district may impose a maintenance tax
or issue bonds payable wholly or partly from ad valorem taxes, the
new district must hold an election as required by this chapter to
obtain voter approval.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8479.201. 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 8479.203.
(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. 8479.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8479.201, 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. 8479.203. 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 F. BONDS AND OTHER OBLIGATIONS
Sec. 8479.251. 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. 8479.252. 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.
Sec. 8479.253. 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 5. The Harris County Municipal Utility District
No. 213-B initially includes all the territory contained in the
following area:
Tract 1 and Tract 2 collectively containing 125.167 acres
(5,452,276 square feet) of land situated in the Talcott Patching
Survey, Abstract Number 620, Harris County, Texas, and being all of
the 111.307 acre tract and all of the 13.860 acre tract described in
the deed to Compass Bank, recorded under Harris County Clerk's File
Number 20110005202; said 125.167 acres being more particularly
described in two tracts by metes and bounds as follows (all bearings
are based on the record bearings of the called 717.279 acres as
described in the deed to Garth-Wallisville, Limited, recorded under
Harris County Clerk's File Number D892853):
Tract 1:
COMMENCING at a 1-inch iron pipe found in the west right-of-way line
of Garth Road (width varies), recorded under Harris County Clerk's
File Numbers D838008, W485307 and X600931 and in Volume 858, Page
333 of the Harris County Deed Records, marking the southeast corner
of the called 89.1 acres conveyed to George Hamman in Volume 1054,
Page 259 of the Harris County Deed Records, common with the
northeast corner of said called 717.279 acre tract and the
northeast corner of the called 25,000 square feet tract conveyed to
Charles Kipple, Trustee recorded under Harris County Clerk's File
Number H510278;
THENCE, South 07°26'25" East, along said west right-of-way line and
said Garth Road, at a distance of 100.00 feet, pass the southeast
corner of said called 25,000 square feet tract, at a distance of
2,035.56 feet, pass a 5/8-inch iron rod with plastic cap stamped
"Terra Surveying" set marking the northeast corner of the called
36.93 acre tract, conveyed to Costal Industrial Water Authority
recorded under Harris County Clerk's File Number D838008, at a
distance of 2,364.83 feet, pass a 5/8-inch iron rod found marking
the southeast corner of said called 36.93 acre tract, at a distance
of 4,640.76 feet pass the northeast corner of the called 5.0000 acre
tract, conveyed to Goose Creek Independent School District,
recorded under Harris County Clerk's File Number G873953, at a
distance of 4,853.40 feet, pass the southeast corner of said called
5.0000 acre tract common with the northeast corner of a called
15.0000 acre tract conveyed to Goose Creek Independent School
District, recorded under Harris County Clerk's File Number G812757,
at a distance of 5,563.16 feet pass the southeast corner of said
called 15.0000 acre tract, in all a total distance of 5,685.71 feet
to an angle corner in said west right-of-way line;
THENCE, North 85°44'25" West, continuing said west right-of-way
line, a distance of 10.27 feet, to an angle corner in said west
right-of-way line;
THENCE, South 07°26'25" East, continuing along said west
right-of-way line, a distance of 25.02 feet to 5/8-inch iron rod
with plastic cap stamped "Terra Surveying" set marking the
northeast corner and the POINT OF BEGINNING of the herein described
tract;
THENCE, South 07°26'25" East, continuing along said west
right-of-way line, a distance of 1,870.53 feet, to a 5/8-inch iron
rod with plastic cap stamped "Terra Surveying" set marking the
north end of the northwest right-of-way line cutback line at the
intersection of said Garth Road and Wallisville Road (width
varies), as described in the deeds recorded under Harris County
Clerk's File Numbers W485307, X715895 and X600931 and in Volume
311, Page 3 of the Harris County Map Records;
THENCE, South 36°32'16" West, along said northwest right-of-way
cutback line, a distance of 21.59 feet, to a 5/8-inch iron rod with
plastic cap stamped "Terra Surveying" set marking the south end of
said right-of-way cutback line;
THENCE, South 80°30'56" West, along the north right-of-way line of
said Wallisville Road, a distance of 772.43 feet to a 5/8-inch iron
rod with plastic cap stamped "Terra Surveying" set marking an angle
corner of the herein described tract;
THENCE, South 07°18'28" East, continuing along the said north
right-of-way line, a distance of 18.57 feet to a 5/8-inch iron rod
with plastic cap stamped "Terra Surveying" set marking an angle
corner of the herein described tract;
THENCE, South 80°22'16" West, continuing along said north
right-of-way line, a distance of 844.01 feet, to an "X" in concrete
found marking the southeast corner of a called 4.727 acre tract
conveyed to Houston Lighting & Power Company in Volume 3018, Page 26
of the Harris County Deed Records, common with an angle corner of
the herein described tract;
THENCE, North 09°36'02" West, along the east line of said called
4.727 acre tract, a distance of 498.68 feet, to a 5/8-inch iron rod
found marking the northeast corner of said called 4.727 acre tract
common with an interior corner of the herein described tract;
THENCE, South 80°23'58" West, along the north line of said called
4.727 acre tract, a distance of 473.58 feet, to a 5/8-inch rod found
in the east line of a the 150-foot wide Houston Lighting & Power
Company easement recorded in Volume 3021, Page 30 of the Harris
County Deed Records, common with the east line of the 22-foot wide
Houston Lighting & Power Company easement recorded in Volume 2809,
Page 645 of the Harris County Deed Records, marking the northwest
corner of said called 4.727 acre tract common with an angle corner
of the herein described tract;
THENCE, North 23°29'12" West, along the east line of said 22-foot
wide Houston Lighting and Power easement common with the east line
of a said 150-foot Houston Lighting and Power easement, a distance
of 1,966.90 feet to a 5/8-inch iron rod with plastic cap stamped
"Terra Surveying" set in the south line of the 20-foot wide Seagull
Petrochemical Corporation pipeline easement recorded under Harris
County Clerk's File Numbers M373402 and M645320 marking the
northwest corner of the herein described tract;
THENCE, North 66°30'50" East, along the south line of said 20-foot
wide Seagull Petrochemical Corporation pipeline easement, a
distance of 26.94 feet, to a 5/8-inch iron rod with plastic cap
stamped "Terra Surveying" set marking an angle corner of the herein
described tract;
THENCE, North 79°53'08" East, continuing along said south line, a
distance of 505.26 feet, to a 5/8-inch iron rod with plastic cap
stamped "Terra Surveying" set marking an angle corner of the herein
described tract;
THENCE, South 85°44'33" East, continuing along said south line, a
distance of 2,147.85 feet, to a 5/8-inch iron rod with plastic cap
stamped "Terra Surveying" set marking an angle corner of the herein
described tract;
THENCE, North 85°52'33" East, continuing along said south line, a
distance of 32.31 feet to the POINT OF BEGINNING and containing
111.307 acres (4,848,534 square feet) of land.
Tract 2:
COMMENCING at a 5/8-inch iron rod with plastic cap stamped "TERRA
SURVEYING" set marking the north end of the northwest right-of-way
line cutback line at the intersection of Garth Road (width varies),
recorded under Harris County Clerk's File Numbers D838008, W485307
and X600931 and in Volume 858, Page 333 of the Harris County Deed
Records and Wallisville Road (width varies), as described in the
deeds recorded under Harris County Clerk's File Numbers W485307,
X715895 and X600931 and in Volume 311, Page 3 of the Harris County
Map Records;
THENCE, South 36°32'16" West, along said northwest right-of-way
cutback line, a distance of 21.59 feet, to a 5/8-inch iron rod with
plastic cap stamped "Terra Surveying" set marking the south end of
said right-of-way cutback line;
THENCE, South 80°30'56" West, along the north right-of-way line of
said Wallisville Road, a distance of 772.43 feet to a 5/8-inch iron
rod with plastic cap stamped "Terra Surveying" set marking an angle
corner of the herein described tract;
THENCE, South 07°18'28" East, continuing along the said north
right-of-way line, a distance of 18.57 feet to a 5/8-inch iron rod
with plastic cap stamped "Terra Surveying" set marking an angle
corner of the herein described tract;
THENCE, South 80°22'16" West, continuing along said north
right-of-way line, a distance of 1,199.32 feet, to a 5/8-inch iron
rod with plastic cap stamped "TERRA SURVEYING" set marking an angle
corner in said north right-of-way line;
THENCE, North 89°32'55" West, continuing along said north
right-of-way line, a distance of 158.75 feet to the intersection of
said north right-of-way line and the west line of the 150-foot wide
Houston Lighting & Power Company easement recorded in Volume 3021,
Page 30 of the Harris County Deed Records;
THENCE, North 23°29'10" West, along said west line, a distance of
403.68 feet to a 5/8-inch iron rod with plastic cap stamped "TERRA
SURVEYING" set marking the intersection of said west line and the
north line of the 50-foot wide Humble Oil and Refining Company
easement recorded in Volume 5296, Page 354, of the Harris County
Deed Records marking the south corner and POINT OF BEGINNING of the
herein described tract;
THENCE, North 57°51'55" West, along said north line, a distance of
1,342.79 feet to a 5/8-inch iron rod with plastic cap stamped "S & V
SURVEYING" found marking the west corner of the aforesaid 13.860
acre tract common with the west corner of the herein described
tract;
THENCE, North 51°01'12" East, along a northwesterly line of said
13.860 acre tract, a distance of 651.92 feet to a 5/8-inch iron rod
with plastic cap stamped "S & V SURVEYING" found marking an angle
corner of said 13.860 acre tract common with an angle corner of the
herein described tract;
THENCE, North 23°29'12" West, along a westerly line of said 13.860
acre tract, a distance of 832.92 feet to a 5/8-inch iron rod with
plastic cap stamped "S & V SURVEYING" found in the south line of the
called 11.46 acre San Jacinto River Authority easement marking the
northwest corner of said 13.860 acre tract common with the
northwest corner of the herein described tract;
THENCE, North 79°53'28" East, along said south line, a distance of
133.63 feet to a 5/8-inch iron rod with plastic cap stamped "S & V
SURVEYING" found marking the northeast corner of said 13.860 acre
tract common with the intersection of said south line and the
aforesaid west line of the 150-foot wide Houston Lighting & Power
Company easement and the northeast corner of the herein described
tract;
THENCE, South 23°29'10" East, along said west line, a distance of
2,084.38 feet to the POINT OF BEGINNING and containing 13.860 acres
(603,742 square feet) of land.
SECTION 6. (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 7. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8478, Special District Local Laws Code, as added by Section 2 of
this Act, is amended by adding Section 8478.106 to read as follows:
Sec. 8478.106. 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 Subsection (c),
Section 17, Article I, Texas Constitution.
SECTION 8. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8479, Special District Local Laws Code, as added by Section 4 of
this Act, is amended by adding Section 8479.106 to read as follows:
Sec. 8479.106. 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 Subsection (c),
Section 17, Article I, Texas Constitution.
SECTION 9. This Act takes effect September 1, 2013.
* * * * *