Bill Text: TX SB2267 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 555; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2017-06-12 - Effective on 9/1/17 [SB2267 Detail]
Download: Texas-2017-SB2267-Comm_Sub.html
Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 555; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2017-06-12 - Effective on 9/1/17 [SB2267 Detail]
Download: Texas-2017-SB2267-Comm_Sub.html
By: Creighton | S.B. No. 2267 | |
(Perez) | ||
|
||
|
||
relating to the creation of the Harris County Municipal Utility | ||
District No. 555; granting a limited power of eminent domain; | ||
providing authority to issue bonds; providing authority to impose | ||
assessments, fees, and 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 7999 to read as follows: | ||
CHAPTER 7999. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 555 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7999.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Baytown. | ||
(3) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(4) "Director" means a board member. | ||
(5) "District" means the Harris County Municipal | ||
Utility District No. 555. | ||
Sec. 7999.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7999.003. 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. 7999.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 7999.003 | ||
until each municipality in whose corporate limits or | ||
extraterritorial jurisdiction the district is located has: | ||
(1) consented by ordinance or resolution to the | ||
creation of the district and to the inclusion of land in the | ||
district; and | ||
(2) entered into a development agreement with the | ||
owner or owners of the real property within the district regarding | ||
the municipality's requirements for developing or improving the | ||
land. | ||
Sec. 7999.005. 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. 7999.006. 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. 7999.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7999.052, directors serve | ||
staggered four-year terms. | ||
Sec. 7999.052. TEMPORARY DIRECTORS. (a) On or after | ||
September 1, 2017, 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 7999.003; or | ||
(2) September 1, 2021. | ||
(c) If permanent directors have not been elected under | ||
Section 7999.003 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 7999.003; 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. 7999.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7999.102. 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. 7999.103. 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. 7999.104. 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. 7999.105. 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. 7999.151. 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 7999.153. | ||
(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. 7999.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7999.151, 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. 7999.153. 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. 7999.201. 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. 7999.202. 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. 7999.203. 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. | ||
SUBCHAPTER F. ANNEXATION BY CITY | ||
Sec. 7999.251. EFFECT OF ANNEXATION BY CITY. | ||
(a) Notwithstanding any other law, if all of the territory of the | ||
district is annexed by the city into the corporate limits of the | ||
city before the date of the election held to confirm the creation of | ||
the district and the district is confirmed at that election, the | ||
district may not be dissolved and continues in existence. | ||
(b) Notwithstanding Section 54.016(f)(2), Water Code, an | ||
allocation agreement between the city and the district that | ||
provides for the allocation of the taxes or revenues of the district | ||
and the city following the date of inclusion of all the district's | ||
territory in the corporate limits of the city may provide that the | ||
total annual ad valorem taxes collected by the city and the district | ||
from taxable property in the district may exceed the city's ad | ||
valorem tax on that property. | ||
SECTION 2. The Harris County Municipal Utility District No. | ||
555 initially includes all the territory contained in the following | ||
area: | ||
Being a tract of land containing 119.398 Acres of land | ||
situated in the George Ellis League, Abstract No. 21, Harris | ||
County, Texas and being out a called 214.397 described in Vol. 7038 | ||
Page 45 Harris County Deed of Records (H.C.D.R.) and all of a called | ||
119.7776 acre tract conveyed to Anthony Lee Polumbo and Wife | ||
Carolyn Adams-Polumbo by deed recorded under Harris County Clerks | ||
File (H.C.C.F.) number V074141. Said 119.398 acre tract being more | ||
particularly described as following (Bearings are oriented to the | ||
bearing base reflected in said deed recorded under H.C.C.F. Number | ||
V074141): | ||
COMMENCING at a found 1/2 inch iron rod found in the southerly | ||
right of way (R.O.W.) line at F.M. 1942 marking the northeast corner | ||
of said 214.397 acre tract and the northeast corner of a called 6.40 | ||
acre tract conveyed to Joaquin Garcia by deed recorded under | ||
H.C.C.F. Number T898933; | ||
THENCE S 80°25'00" W along the south R.O.W. line of said F.M. | ||
1942, a distance of 109.00 feet to a 5/8 inch iron rod found marking | ||
the northeast corner of said 6.40 acre tract the POINT OF BEGINNING | ||
and the northeast corner of the herein described tract; | ||
THENCE S 09°29'00" E departing said F.M. 1942 and along the | ||
west line of said 6.40 acre tract a distance of 2557.34 feed to a 5/8 | ||
inch iron rod set in the north line of that certain tract conveyed | ||
to Malcom Brown by deed recording in Vol. 1708, Pg. 203, H.C.D.R. | ||
and marking the southeast corner of the herein described tract; | ||
THENCE S 80°47'00" W along the north line of said Brown tract, | ||
the north line of a called 14.04 acre tract conveyed to Word of | ||
Faith Fellowship Church by deed recorded under H.C.C.F. Number | ||
U757159, a distance of 2845.90 feet to a found 1/2 inch iron rod in | ||
the southeasterly R.O.W. line of a called 18.668 acre Coastal | ||
Industrial Water Authority tract described in H.C.C.F. Number | ||
D282570 said point marking the southwest corner of the herein | ||
described tract; | ||
THENCE N 28°34'52" E along the west R.O.W. line of said 18.668 | ||
acre tract a distance of 1483.38 feet to a set 5/8" iron rod marking | ||
a point for curvature to the left; | ||
THENCE, northeasterly along the easterly R.O.W. line of said | ||
Coast Industrial Water Authority and said curve to the left, having | ||
a radius of 1000 feet, an arc length of 609.91 feet, a central angle | ||
of 34°56'43" and a chord bearing a distance of N 11°06'31", 600.50 | ||
feet to a set 5/8" iron rod marking a point of tangency; | ||
THENCE N 06°21'51" W continuing along the east R.O.W. line of | ||
said Coastal Industrial Water Authority a distance of 732.40 feet | ||
to an angle point from which a found 5/8 inch iron rod bears N 87°13' | ||
E a distance of 1.41 feet; | ||
THENCE N 21°35'21" E continuing along the east R.O.W. line of | ||
said Coastal Industrial Water Authority a distance of 124.90 feet | ||
to a point in the south R.O.W. of said F.M. 1942, from which a found | ||
5/8 inch iron rod bears S 77°13' E, 1.55 feet; | ||
THENCE N 83°38'16" E, departing said Coastal Industrial Water | ||
Authority and along said south R.O.W. line of F.M. 1942, a distance | ||
of 399.37 feet to a point for curvature to the left, from which a | ||
found 5/8 inch iron rod bears N 31°58' W, 2.22 Feet; | ||
THENCE in a northeasterly direction with said curve to the | ||
left having a central angle of 03°13'16", a radius of 2914.93 feet, | ||
an arc length of 163.87 feet, a chord bearing of N 82°01'38" E and a | ||
chord distance of 163.85 feet to a point of tangency from which a | ||
found 5/8 inch iron rod bears N 24°23' W, 1.87 feet; | ||
THENCE N 80°25'00" E, continuing along the south R.O.W. of | ||
F.M. 1942, a distance of 1053.21 feet to the POINT OF BEGINNING and | ||
containing 119.398 acres of land. | ||
SAVE AND EXCEPT the following described portion of said | ||
119.398 acre tract: | ||
(SAVE AND EXCEPT TRACT): | ||
Being a tract of land containing 0.0729 acres (3,175 square | ||
feet) situated in the George Ellis League, A-21 in Harris County, | ||
Texas, and also being out of a 119.7776-acre tract from Two Fourteen | ||
LTD., to Anthony Lee Polumbo and wife, Carolyn Adams-Polumbo by | ||
deed dated May 24, 2001 as recorded under County Clerk's File No. | ||
V074141, Film Code No. 540-37-0998 of the Official Public Records | ||
of Harris County, Texas. Said 0.0729-acre tract being more | ||
particularly described by metes and bounds as follows: | ||
Note: The bearings referenced herein are based on the | ||
119.7776-acre tract as recorded under County Clerk's File No. | ||
V074141, Film Code No. 540-37-0998 of the Official Public Records | ||
of Real Property of Harris County, Texas. | ||
BEGINNING at a found 1/2-inch iron rod located at the | ||
intersection of the south right-of-way line of Barbers Hill Road | ||
(F.M. 1942) (100 feet wide) as conveyed unto the State of Texas by | ||
the following deeds: Volume 4101, Page 586 of the Deed Records of | ||
Harris County, Texas, County Clerk's File No. B328808, Film Code | ||
No. 051-19-0916, File No. B357094, Film Code No. 061-11-0735 of the | ||
Official Public Records of Real Property of Harris County, Texas, | ||
and the east Canal line of an 18.67-acre tract as conveyed unto | ||
Coastal Industrial Water Authority by deed recorded under County | ||
Clerk's File No. D282570, Film Code No. 126-26-1855 of the Official | ||
Public Records of Real Property of Harris County, Texas, for the | ||
northwest corner of said 119.7776-acre tract and for northwest | ||
corner of said tract herein described; | ||
THENCE North 83°19'01" East with the south right-of-way line | ||
of said Barbers Hill Road and the north line of said 119.7776-acre | ||
tract, a distance of 50.00 feet to a set 5/8-inch iron rod with cap | ||
stamped "Cobb, Fendley & Associates" for the northeast corner of | ||
said tract herein described; | ||
THENCE South 06°40'59" East, a distance of 50.00 feet to a set | ||
5/8-inch iron rod with cap stamp "Cobb, Fendley & Associates" for | ||
the southeast corner of said tract herein described; | ||
THENCE South 83°19'01" West, a distance of 76.99 feet to a set | ||
5/8-inch iron rod with cap stamped "Cobb, Fendley & Associates" | ||
located in the east line of said 18.67-acre tract and the west line | ||
of said 119.7776-acre tract for the southwest corner of said tract | ||
herein described; | ||
THENCE North 21°40'31" East with the east line of said | ||
18.67-acre tract and the west line of said 119.7776-acre tract, a | ||
distance of 56.82 feet to the POINT OF BEGINNING and containing | ||
0.0729 acres (3,175 square feet) of land, more or less. | ||
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 | ||
7999, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7999.106 to read as follows: | ||
Sec. 7999.106. 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 September 1, 2017. |