82R4383 RWG-F

By: Smith of Harris H.B. No. 886

A BILL TO BE ENTITLED

relating to the creation of the Harris County Municipal Utility

District No. 528; 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 8318 to read as follows:

CHAPTER 8318. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8318.001. 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. 528.

Sec. 8318.002. NATURE OF DISTRICT. The district is a

municipal utility district created under Section 59, Article XVI,

Texas Constitution.

Sec. 8318.003. 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. 8318.004. CONSENT OF MUNICIPALITY REQUIRED. The

temporary directors may not hold an election under Section 8318.003

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. 8318.005. 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. 8318.006. 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.

[Sections 8318.007-8318.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8318.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five elected directors.

(b) Except as provided by Section 8318.052, directors serve

staggered four-year terms.

Sec. 8318.052. TEMPORARY DIRECTORS. (a) On or after

September 1, 2011, 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 8318.003; or

(2) September 1, 2015.

(c) If permanent directors have not been elected under

Section 8318.003 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 8318.003; 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.

[Sections 8318.053-8318.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8318.101. GENERAL POWERS AND DUTIES. The district has

the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 8318.102. 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. 8318.103. 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. 8318.104. 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. 8318.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE

OR RESOLUTION. The district shall comply with all applicable

requirements of any ordinance or resolution adopted by the city

council of the City of Baytown.

Sec. 8318.106. LIMITATION ON USE OF EMINENT DOMAIN. The

district may not exercise the power of eminent domain outside the

district to acquire a site or easement for:

(1) a road project authorized by Section 8318.103; or

(2) a recreational facility as defined by Section

49.462, Water Code.

[Sections 8318.107-8318.150 reserved for expansion]

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8318.151. 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 8318.153.

(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. 8318.152. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held under Section 8318.151, 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. 8318.153. 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.

[Sections 8318.154-8318.200 reserved for expansion]

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 8318.201. 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. 8318.202. 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. 8318.203. 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.

528 initially includes all the territory contained in the following

area:

TRACT 1

FIELD NOTES of a 27.8347 acre tract of land situated in the William

Scott Lower league, Abstract No. 65, Harris County, Texas, and

being out of and a part of a 1541 acre tract of land conveyed to

Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated

November 29, 1935, and recorded in Volume 996 at Page 379 of the

Deed Records of Harris County, Texas. This 27.8347 acre tract of

land is more particularly described by metes and bounds as follows,

to-wit:

NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES

REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL

ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR =

0.9998389.

BEGINNING at a concrete right-of-way monument found at the

intersection of the North right-of-way line of Spur 55

(right-of-way width varies) and the East right-of-way line of State

Highway 146 (right-of-way width varies). Said point being

Westernmost Southwest corner and POINT OF BEGINNING of this tract

and having a State Plane Coordinate Value of N=13,832,328.10 and

E=3,250,340.20. Said point being in a curve to the left, concave

Westerly.

THENCE: Along and around said curve to the left, in a Northerly

direction, along the West line of this tract and the East

right-of-way line of said State Highway No. 146, said curve having a

central angle of 15°57'18", a radius of 1629.82 feet, and a chord

bearing and distance of North 23°06'38" East 452.39 feet, for an arc

length of 453.85 feet to a concrete right-of-way monument found for

the TERMINATION POINT of said curve.

THENCE: North 10°06'20" East along the West line of this tract and

the East right-of-way line of said State Highway No. 146, for a

distance of 97.12 feet to a 1/2 inch iron rod, with cap, set for the

Northwest corner of this tract and the Southwest corner of that

certain 33.00 acre tract of land conveyed by Ashbel Smith

Management Company, et al, to Goose Creek Consolidated Independent

School District by Deed dated June 5, 1991 and recorded under County

Clerk's File No. N174232 of the Official Public Records of Real

Property of Harris County, Texas.

THENCE: South 73°11'36" East along the North line of this tract and

the South line of said 33.00 acre tract for a distance of 1795.57

feet to a 1/2 inch iron rod, with cap, set in the West right-of-way

line of Tri-Cities Beach Road (80 feet wide right-of-way) for the

Southeast corner of said 33.00 acres and the Northeast corner of

this tract.

THENCE: South 08°04'39" East along the Northernmost East line of

this tract and the West right-of-way line of said Tri-Cities Beach

Road for a distance of 572.67 feet to a 1/2 inch iron rod, with cap,

set for the Easternmost Southeast corner of this tract at the

intersection of the West right-of-way line of Tri-Cities Beach Road

with the North right-of-way line of said Spur 55.

THENCE: South 49°20'06" West along the Southernmost East line of

this tract and the North right-of-way line of said Spur 55 for a

distance of 104.30 feet to 1/2 inch iron rod, with cap, set for the

Southernmost Southeast corner of this tract and an angle point in

the North right-of-way line of said Spur 55.

THENCE: North 73°15'09" West along the South line of this tract and

the North right-of-way line of said Spur 55 for a distance of 118.36

feet to a 1/2 inch iron rod, with cap, set for an angle point in said

line.

THENCE: North 74°30'59" West along the South line of this tract and

the North right-of-way line of said Spur 55 for a distance of

1813.52 feet to a 1/2 inch iron rod, with cap, set for the

Southernmost Southwest corner of this tract and an angle point in

the North right-of-way line of said Spur 55.

THENCE: North 23°25'09" West along the Southernmost West line of

this tract and the North right-of-way line of said Spur 55 for a

distance of 135.34 feet to the PLACE OF BEGINNING and containing

within these boundaries 27.8347 acres of land.

TRACT 2

FIELD NOTES of a 28.5456 acre tract of land situated in the William

Scott Lower league, Abstract No. 65, Harris County, Texas, and

being out of and a part of a 1541 acre tract of land conveyed to

Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated

November 29, 1935, and recorded in Volume 996 at Page 379 of the

Deed Records of Harris County, Texas. This 28.5456 acre tract of

land is more particularly described by metes and bounds as follows,

to-wit:

NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES

REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL

ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR =

0.9998389.

BEGINNING at a 1/2 inch iron rod, with cap, set at the intersection

of the Northwest right-of-way line of State Highway No. 146 (200

feet wide right-of-way) with the East right-of-way of the Missouri

Pacific Railroad (Parcel No. 1 containing 3.66104 acres conveyed by

Ashbel Smith Land Company to Missouri Pacific Railroad Company by

Deed dated January 9, 1967 and recorded in Volume 6644 at Page 486

of the Deed Records of Harris County, Texas). Said point being the

Southwest corner and POINT OF BEGINNING of this tract and having a

State Plane Coordinate Value of N=13,831,254.86 and

E=3,248,223.73.

THENCE: North 24°15'03" West along the Southernmost West line of

this tract and the East right-of-way line of said Missouri Pacific

Railroad for a distance of 540.66 feet to a 1/2 inch iron, with cap,

set for the BEGINNING POINT of a curve to the right, concave

Easterly.

THENCE: Along and around said curve to the right, in a

Northwesterly direction, along the Southernmost West line of this

tract and the East right-of-way line of said Missouri Pacific

Railroad, said curve having a central angle of 06°37'49", a radius

of 1065.93 feet, and a chord bearing and distance of North 20°56'07"

West 123.28 feet, for an arc length of 123.35 feet to a fence corner

post found for an interior corner of this tract and an exterior

corner of said Missouri Pacific Railroad.

THENCE: South 71°27'32" West along the Westernmost South line of

this tract and an exterior line of said Missouri Pacific Railroad

for a distance of 30.00 feet to a fence corner post found for an

exterior corner of this tract and an interior corner of said

Missouri Pacific Railroad; said point being the BEGINNING POINT of

a curve to the right, concave Easterly.

THENCE: Along and around said curve to the right, in a Northerly

direction, along the Northernmost West line of this tract and the

East right-of-way line of said Missouri Pacific Railroad, said

curve having a central angle of 17°22'22", a radius of 1095.93 feet,

and a chord bearing of North 08°57'32" West 331.03 feet, for an arc

length of 332.30 feet to a 1/2 inch iron rod, with cap, set for the

TERMINATION POINT of said curve.

THENCE: North 00°22'43" West along the Northernmost West line of

this tract and the East right-of-way line of said Missouri Pacific

Railroad for a distance of 164.82 feet to a fence corner post found

at the intersection of said line with the South right-of-way line of

Alexander Drive (120 feet wide right-of-way) for the Northwest

corner of this tract.

THENCE: South 88°36'31" East along the South right-of-way line of

South Alexander Drive and the North line of this tract for a

distance of 742.80 feet to a concrete right-of-way monument found

for an angle point in said line.

THENCE: South 88°51'51" East along the South right-of-way line of

South Alexander Drive and the North line of this tract for a

distance of 648.31 feet to a concrete right-of-way monument found

for the BEGINNING POINT of a curve to the right, concave Southerly.

THENCE: Along and around said curve to the right, along the North

line of this tract and the South right-of-way line of said South

Alexander Drive, in an Easterly direction, said curve having a

central angle of 07°23'27", a radius of 2804.76 feet, and a chord

bearing and distance of South 84°50'16" East 361.55 feet, for an arc

length of 361.80 feet to a 1/2 inch iron rod, with cap, set for the

Northeast corner of this tract at the intersection of the South

right-of-way line of South Alexander Drive with a West right-of-way

line of State Highway No. 146.

THENCE: South 18°20'49" East along the East line of this tract and a

West right-of-way line of said State Highway No. 146, for a distance

of 156.45 feet to a 1/2 inch iron rod, with cap, set for the

Southeast corner of this tract and an interior corner of said State

Highway No. 146 right-of-way. Said point being in a curve to the

right, concave Northerly.

THENCE: Along and around said curve to the right, in a Westerly

direction, along the South line of this tract and the North

right-of-way line of said State Highway No. 146, said curve having a

central angle of 07°12'01", a chord bearing and distance of South

48°00'47" West 476.69 feet, for an arc length of 477.00 feet to a 1/2

inch iron rod, with cap, set for the TERMINATION POINT of said

curve.

THENCE: South 59°19'20" West along the South line of this tract and

the North right-of-way line of said State Highway No. 146 for a

distance of 478.02 feet to a 1/2 inch iron rod, with cap, set for an

angle point in said line.

THENCE: South 65°20'11" West along the South line of this tract and

the North right-of-way line of said State Highway No. 146 for a

distance of 756.46 feet to the PLACE OF BEGINNING and containing

within these boundaries 28.5456 acres of land.

TRACT 3

FIELD NOTES of a 180.9042 acre tract of land situated in the William

Scott Lower League, Abstract No. 65, Harris County, Texas, and

being out of and a part of a 1541 acre tract of land conveyed to

Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated

November 29, 1935, and recorded in Volume 996 at Page 379 of the

Deed Records of Harris County, Texas. This 180.9042 acre tract of

land is more particularly described by metes and bounds as follows,

to-wit:

NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES

REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL

ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR =

0.9998389.

COMMENCING at a 2 inch iron pipe for the Northeast corner of a

1.5116 acre tract of land called Tract 2 conveyed to Jack A. Howard,

et al, by Robert O. Busch, et al, by Deed dated March 15, 1978, and

recorded at County Clerk's file No. F530458 of the Official Public

Records of Real Property of Harris County, Texas, and in the South

right-of-way line of State Highway No. 146, 200 foot wide

right-of-way. Said COMMENCING POINT has a State Plane Coordinate

Value of N=13,830,522.01 and E=3,247,084.46.

THENCE: South 16°07'47" West along the East line of said 1.5116

acres for a distance of 677.44 feet to a 2-1/2 inch metal post for

the Northwest corner and POINT OF BEGINNING of this tract.

THENCE: South 89°15'51" East along the North line of this tract for

a distance of 1329.80 feet to a point for the Northeast corner of

this tract.

THENCE: South 00°44'09" West along the East line of this tract for a

distance of 2982.46 feet to a point for an angle point in said East

line.

THENCE: South 19°20'00" West along the East line of this tract for a

distance of 1000.68 feet to a point for an angle point in said East

line.

THENCE: South 31°08'04" West along the East line of this tract for a

distance of 908.34 feet to a point in the North right-of-way line of

Evergreen Road (60 feet wide right-of-way) for the Southeast corner

of this tract.

THENCE: North 58°51'56" West along the Easternmost South line of

this tract and the North right-of-way line of Evergreen Road for a

distance of 409.49 feet to a 1/2 inch iron rod, with cap, for the

BEGINNING POINT of a curve to the right, concave Northeast.

THENCE: Along and around said curve, in a Northwesterly direction,

with the Easternmost South line of this tract of land and the

Northeast right-of-way line of Evergreen Road, said curve having a

central angle of 15°59'48", a radius of 789.20 feet, and a chord

bearing and distance of North 50°50'40" West 219.63 feet, for an arc

length of 220.34 feet to a 1/2 inch iron rod for the TERMINATION

POINT of said curve.

THENCE: North 42°52'16" West along the Easternmost South line of

this tract of land and the Northeast right-of-way line of Evergreen

Road for a distance of 685.33 feet to a 1/2 inch iron rod for the

BEGINNING POINT of a curve to the left, concave Southwest.

THENCE: Along and around said curve to the left, in a Northerly

direction, with the Easternmost South line of this tract of land and

the Northeast right-of-way line of Evergreen Road, said curve

having a central angle of 03°08'33", a radius of 6814.28 feet, and a

chord bearing and distance of North 44°27'42" West 373.68 feet, for

an arc length of 373.73 feet, to a 1/2 inch iron rod for the

TERMINATION POINT of said curve.

THENCE: North 46°00'58" West along the Easternmost South line of

this tract of land and the Northeast right-of-way line of Evergreen

Road for a distance of 531.26 feet to a 1/2 inch iron rod, with cap,

for the Southernmost Southwest corner of this tract of land and the

Southeast corner of an 80 acre tract of land conveyed to Bill W.

Nance by Alvie Wright Nance, by Deed dated October 22, 1996, and

recorded under County Clerk's File No. S210455 of the Official

Public Records of Real Property of Harris County, Texas.

THENCE: North 50°36'12" East along the Southernmost West line of

this tract of land and the East line of said 80 acre tract of land,

and at 2.37 feet pass a 4 inch pipe fence corner post, continuing

along said line and a barb wire fence a total distance of 536.04

feet to a 2 inch iron pipe for an interior corner of this tract of

land and an angle corner of said 80 acre tract of land.

THENCE: North 54°45'13" West along the Westernmost South line of

this tract and an exterior line of said 80 acre tract, and along a

barb wire fence, for a distance of 293.16 feet to a 1/2 inch iron

rod, with cap, for the Westernmost Southwest corner of this tract.

THENCE: In a Northerly direction along the Northernmost West line

of this tract of land and the East line of said 80 acre tract of

land, and a barb wire fence line the following courses and

distances:

North 16°15'01" East for a distance of 1171.99 feet to a 2 inch

iron pipe;

North 43°11'17" East for a distance of 341.17 feet to a 2 inch

iron pipe;

North 18°00'45" East for a distance of 481.29 feet to a 1/2

inch iron rod, with cap;

North 15°59'25" East for a distance of 927.59 feet to the

PLACE OF BEGINNING and containing within these boundaries 180.9042

acres of land.

SECTION 3. (a) The legal notice of the intention to

introduce this Act, setting forth the general substance of this

Act, has been published as provided by law, and the notice and a

copy of this Act have been furnished to all persons, agencies,

officials, or entities to which they are required to be furnished

under Section 59, Article XVI, Texas Constitution, and Chapter 313,

Government Code.

(b) The governor, one of the required recipients, has

submitted the notice and Act to the Texas Commission on

Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed

its recommendations relating to this Act with the governor, the

lieutenant governor, and the speaker of the house of

representatives within the required time.

(d) All requirements of the constitution and laws of this

state and the rules and procedures of the legislature with respect

to the notice, introduction, and passage of this Act are fulfilled

and accomplished.

SECTION 4. (a) Section 8318.106, Special District Local

Laws Code, as added by Section 1 of this Act, takes effect only if

this Act receives a two-thirds vote of all the members elected to

each house.

(b) If this Act does not receive a two-thirds vote of all the

members elected to each house, Subchapter C, Chapter 8318, Special

District Local Laws Code, as added by Section 1 of this Act, is

amended by adding Section 8318.106 to read as follows:

Sec. 8318.106. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

(c) This section is not intended to be an expression of a

legislative interpretation of the requirements of Section 17(c),

Article I, Texas Constitution.

SECTION 5. Except as provided by Section 4 of this Act, this

Act takes effect September 1, 2011.