Bill Text: TX SB752 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 530; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2013-06-14 - Effective immediately [SB752 Detail]

Download: Texas-2013-SB752-Enrolled.html

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S.B. No. 752

relating to the creation of the Harris County Municipal Utility
District No. 530; providing authority to impose a tax and issue
bonds; granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8451 to read as follows:
CHAPTER 8451. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 530
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8451.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Harris County Municipal
Utility District No. 530.
Sec. 8451.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8451.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8451.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8451.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8451.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8451.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8451.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8451.052, directors serve
staggered four-year terms.
Sec. 8451.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Jerry Ashmore;
(2) Bari Pace;
(3) Robert Quarles;
(4) Neal Shudde; and
(5) Jim Thomas.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8451.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8451.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8451.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8451.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8451.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8451.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8451.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8451.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8451.151. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8451.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8451.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8451.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8451.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8451.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8451.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8451.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Harris County Municipal Utility District
No. 530 initially includes all the territory contained in the
following area:
Being 384.307 acres of land located in the William Hironymus
Survey, Abstract 352, the Thomas Martin Survey, Abstract 552, the
Milton Yates Survey, Abstract 945 and the G. C. & S. F. R.R. Survey,
Abstract 1301, Harris County, Texas, more particularly being all
portion of that certain called 151.830 acre tract conveyed to
District & Urban (Texas), Inc. by an instrument of record under File
Number V839891, of the Official Public Records of Real Property, of
said Harris County, Texas (H.C.O.P.R.R.P.), all of the residue of
that certain called 76.3015 acre tract conveyed to District & Urban
(Texas), Inc. by an instrument of record under File Number U759568,
H.C.O.P.R.R.P., all of that certain called 134.113 acre tract
conveyed to New Light Church World Outreach and Worship Centers,
Inc. by an instrument of record under File Number 20110367407,
H.C.O.P.R.R.P., and a portion of that certain called 48.1306 acre
tract conveyed to New Light Church World Outreach and Worship
Centers, Inc. by an instrument of record under File Number S473526,
H.C.O.P.R.R.P., said 384.307 acre tract being more particularly
described by metes and bounds as follows (all bearings referenced
to the Texas State Plane Coordinate System, South Central Zone,
NAD83, 2001 adjustment);
BEGINNING at a 1/2-inch iron rod found at the northwest
corner of Klein I.S.D. Benignus Elementary School, a subdivision of
record under Film Code 591255, Harris County Map Records,
(H.C.M.R.), same being the northeast corner of said 134.113 acre
tract and being on the southerly right-of-way line of F.M. 2920 (120
feet wide) as recorded in Volume 7182, Pg. 575, Volume 7195, Page
405, and Volume 8040, Page 330, Harris County Deed Records
(H.C.D.R.);
Thence, South 02° 18' 34" East, along the west line of said
Klein I.S.D. Benignus Elementary School, 889.00 feet to a point for
the southwest corner of said School, same being the northwest
corner of Windrose West Sec. 15 Amending Plat No. 1, a subdivision
of record under Film Code 600043, H.C.M.R. and from which a 3/4-inch
iron rod with a cap stamped "COTTON SURVEYING" found bears North 88°
22' 58" West, 2.47 feet;
Thence, South 02° 19' 34" East, along the west line of said
Windrose West Sec. 15, 613.36 feet to an angle point for corner;
Thence, South 02° 15' 50" East, continuing along the west line
of said Windrose West Sec. 15, 421.93 feet to an angle point for
corner;
Thence, South 02° 27' 35" East, continuing along the west line
of said Windrose West Sec. 15, 737.94 feet to a 5/8-inch iron rod
with a cap stamped "CARTER & BURGESS" found for the southwest corner
of said Windrose West Sec. 15, same being the northeast corner of
Windrose West Sec. 12, a subdivision of record under Film Code
556244, H.C.M.R.;
Thence, South 02° 24' 52" East, along the west line of said
Windrose West Sec. 12, 574.92 feet to a 5/8-inch iron rod with a cap
stamped "CARTER & BURGESS" found for the southwest corner of said
Windrose West Sec. 12;
Thence, North 87° 22' 10" East, along the south line of said
Windrose West Sec. 12, 291.75 feet to a 5/8-inch iron rod with a cap
stamped "CARTER & BURGESS" found for the northwest corner of
Windrose West Sec. 14, a subdivision of record under Film Code
576205, H.C.M.R.;
Thence, South 01° 41' 48" East, along the west line of said of
Windrose West Sec. 14, 1,358.62 feet to a 5/8-inch iron rod with a
cap stamped "CARTER & BURGESS" found for an interior angle point for
corner on said west line, same being the southeast corner of said
134.113 acre tract, said point being on the common survey line of
the aforementioned Thomas Martin and G.C. & S.F. R.R. Surveys;
Thence, South 87° 53' 49" West, continuing along said west
line and along the south line of said 134.113 acre tract and said
common survey line, passing the most northerly southwest corner of
said Windrose West Sec. 14 at 63.99 feet, same being the northeast
corner of the residue of a called 16.7436 acre tract known as "Tract
2" being conveyed to New Light Church World Outreach and Worship
Centers, Inc. under File Number S473526, H.C.O.P.R.R.P., from which
a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears
South 11° 59' 34" East, 1.08 feet, continuing along said south line,
a total of 1,332.77 feet to a point for corner, said point being on
the north line of the aforementioned 48.1306 acre tract;
Thence, South 34° 56' 11" West, departing the south line of
said 134.113 acre tract, the north line of said 48.1306 acre tract
and said common survey line, over and across said 48.1306 acre
tract, 359.28 feet to a point for corner;
Thence, South 02° 02' 25" East, continuing across said 48.1306
acre tract, 795.30 feet to a point for corner on the south line of
said 48.1306 acre tract;
Thence, South 87° 57' 28" West, along said south line, 857.69
feet to a 5/8-inch iron rod with cap stamped "AECOM-INC" found for
corner on the easterly right-of-way line of Stuebner-Airline Road
(called 120 feet wide) as described under File Number 20100437741,
H.C.O.P.R.R.P. and Volume 3042, Page 345, H.C.D.R.;
Thence, North 25° 49' 27" West, along said easterly
right-of-way line, 1,180.95 feet to a point for corner on the north
line of said 48.1306 acre tract and the south line of that certain
called 10.4772 acre tract conveyed to Morris Strack and Helen R.
Strack by an instrument of record under File Number T245825,
H.C.O.P.R.R.P., and the aforementioned common survey line of the
Thomas Martin and G. C. and S.F. R.R. Surveys;
Thence, North 87° 53' 49" East, along the north line of said
48.1306 acre tract, the south line of said 10.4772 acre tract and
along said common survey line, 767.63 feet to a 1/2-inch iron rod
found for the southeast corner of said 10.4722 acre tract and the
southwest corner of the aforementioned 134.113 acre tract;
Thence, North 16° 50' 36" West, departing said common survey
line and along the east line of said 10.4772 acre tract, 763.85 feet
to a 1/2-inch iron rod found for the northeast corner of said
10.4772 acre tract;
Thence, along the northerly line of said 10.4772 acre tract
and a southerly line of said 134.113 acre tract, the following three
(3) courses:
1) South 73° 26' 34" West, 532.31 feet to a 1/2-inch iron rod
found for corner;
2) South 26° 26' 59" East, 233.61 feet to a 5/8-inch iron rod
found for corner;
3) South 63° 25' 39" West, 299.22 feet to a 5/8-inch iron rod
with cap stamped "AECOM-INC" found for corner on the easterly
right-of-way line of said Stuebner-Airline Road;
Thence, North 25° 49' 27" West, along said easterly
right-of-way line, 751.96 feet to a 5/8-inch iron rod with cap
stamped "SURVCON" found for the south corner of that certain called
1.955 acre tract conveyed to Harris County by an instrument of
record under File Number 20100437741, H.C.O.P.R.R.P.;
Thence, along the southeasterly line of said 1.955 acre
tract, the following four (4) courses:
1) North 64° 13' 10" East, 106.29 feet to a 5/8-inch iron rod
with cap stamped "SURVCON" found for corner;
2) North 09° 27' 35" East, 62.36 feet to a 5/8-inch iron rod
with cap stamped "SURVCON" found for corner;
3) North 22° 59' 23" East, 225.45 feet to a 5/8-inch iron rod
with cap stamped "SURVCON" found for corner;
4) North 25° 49' 17" West, 77.74 feet to a 5/8-inch iron rod
with cap stamped "SURVCON" found for the northeast corner of said
1.955 acre tract, said point being on the south line of that certain
called 5.000 acre tract conveyed to J.M.C. and Associates, Inc. by
an instrument of record under File Number R457814, H.C.O.P.R.R.P.,
said point being on the north line of said 134.113 acre tract, and
being on the common survey line of the Thomas Martin and Milton
Yates Surveys;
Thence, North 87° 21' 28" East, along said common survey line,
207.75 feet to a point for the southeast corner of said 5.000 acre
tract and a re-entrant corner on the west line of said 134.113 acre
tract, same being the common south corner of said Milton Yates
Survey and the aforementioned Thomas Hironymus Survey;
Thence, North 02° 22' 08" West, along the common survey line
of the Milton Yates and said Thomas Hironymus Surveys and along a
west line of said 134.113 acre tract at 231.67 feet pass a 3/8-inch
iron rod found for the most northerly northwest corner of said
134.113 acre tract, same being the southwest corner of the
aforementioned 151.830 acre tract, continuing along said common
survey line and along the west line of said 151.830 acre tract, in
all a total distance of 1,104.29 feet to a 3/8-inch iron rod found
for the southeast corner of the aforementioned 76.3015 acre tract,
same being the northeast corner of that certain called 4.023 acre
tract conveyed to Sterling Bank by an instrument of record under
File Number 20090503482, H.C.O.P.R.R.P., said 4.023 acre tract
being a portion of that certain called 8.0240 acre tract conveyed to
John Dempsey, Brian Dempsey and Darryl Dempsey by an instrument of
record under File Number X690238, H.C.O.P.R.R.P.;
Thence, along the south line of said 76.3015 acre tract, the
following six (6) courses:
1) South 76° 50' 39" West, along the north line of said
8.0240 acre tract, 440.36 feet to a 5/8-inch iron rod with cap
stamped "HOVIS" found for the southeast corner of that certain
called 1.003 acre tract conveyed to Dan A. Hughes by an instrument
of record under File Number T782305, H.C.O.P.R.R.P.;
2) North 13° 09' 21" West, departing the north line of said
8.0240 acre tract and along the east line of said 1.003 acre tract,
235.00 feet to a point for corner;
3) South 76° 50' 39" West, along the north line of said 1.003
acre tract, 186.00 feet to a point for corner;
4) South 13° 09' 21" East, along the west line of said 1.003
acre tract, 235.00 feet to a 5/8-inch iron rod with cap stamped
"HOVIS" found for the southwest corner of said 1.003 acre tract,
said point being on the north line of said 8.0240 acre tract;
5) South 76° 44' 34" West, along the north line of said
8.0240 acre tract, 46.98 feet to a 3/8-inch iron rod found for an
angle point on the north line of said 8.0240 acre tract and the
south line of said 76.3015 acre tract;
6) South 62° 27' 26" West, continuing along the north line of
said 8.0240 acre tract, 285.67 feet to a point for corner on the
easterly right-of-way line of Stuebner-Airline Road (called 120
feet wide) as described under File Number 20100319615,
H.C.O.P.R.R.P.;
Thence, North 25° 49' 27" West, along said easterly
right-of-way line, 2,215.66 feet to a point for corner, the
beginning of a curve;
Thence, 392.98 feet continuing along said easterly
right-of-way line (width varies) and the arc of a tangent curve to
the right having a radius of 1,082.00 feet, a central angle of 20°
48' 35", and a chord that bears North 15° 25' 10" West, 390.82 feet
to a point for corner at the end of said curve on the aforementioned
southerly right-of-way line of F.M. 2920, the beginning of a curve;
Thence, 560.99 feet along said southerly right-of-way line of
F.M. 2920 and the arc of a non-tangent curve to the left having a
radius of 3,879.77 feet, a central angle of 08° 17' 05", and a chord
that bears South 88° 23' 15" East, 560.51 feet to a point for corner;
Thence, North 87° 28' 13" East, continuing along said
southerly right-of-way line of F.M. 2920, 3,971.10 feet to the
POINT OF BEGINNING and containing 384.307 acres of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8451, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8451.106 to read as follows:
Sec. 8451.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of 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. 752 passed the Senate on
April 4, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 752 passed the House on
May 22, 2013, by the following vote: Yeas 147, Nays 1, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor