86R9811 TSR-F

By: Paul H.B. No. 4652

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Harris County Municipal Utility District No. 568; 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 8349 to read as follows:

CHAPTER 8349. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 568

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8349.0101. 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. 568.

Sec. 8349.0102. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 8349.0103. CONFIRMATION AND DIRECTOR 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. 8349.0104. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8349.0103 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. 8349.0105. 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. 8349.0106. 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. 8349.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 8349.0202, directors serve staggered four-year terms.

Sec. 8349.0202. TEMPORARY DIRECTORS. (a) The temporary board consists of:

(1) James M. Pratt;

(2) Eric P. Mayfield;

(3) Spencer Harkness;

(4) Courtney Blackburn; and

(5) Bryson Grover.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section 8349.0103; 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 8349.0103 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 8349.0103; 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. 8349.0301. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 8349.0302. 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. 8349.0303. 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. 8349.0304. 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. 8349.0305. 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. 8349.0401. 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 8349.0403.

(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. 8349.0402. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8349.0401, 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. 8349.0403. 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. 8349.0501. 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. 8349.0502. 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. 8349.0503. 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. 568 initially includes all the territory contained in the following area:

Being 134.40 acres of land located in the Thomas Choate League, Abstract No. 12, Harris County, Texas; being a portion of that certain called 381.61 acre tract of land described in an instrument of record under in Volume 834, Page 533, of the Deed Records of said Harris County, Texas (H.C.D.R.) (hereinafter referred to as the 381.61 acre Beamer Tract), of which one quarter (1/4) interests in said 381.61 acre Beamer Tract were conveyed equally to Kathryn Beamer Breiling, individually and as Trustee and Scott Beamer, individually and as Trustee by an instrument of record under File Number K242495, of the Official Public Records of Real Property of Harris County, Texas (H.C.O.P.R.R.P.) and a portion of a separate called 381.61 acre tract of land was conveyed to George A. Scott by an instrument of record under in Volume 834, Page 534, H.C.D.R. (hereinafter referred to as the 381.61 acre Scott Tract), said 130.40 acres being more particularly described by metes and bounds as follows, all bearings referenced to the Texas Coordinate System, South Central Zone, NAD 83 (1993 adjustment):

BEGINNING at a 5/8-inch iron rod with cap stamped "Baseline Corp" found for the southeast corner of a 3.1271 acre tract of land (described as Parcel No. 2, Part 2B) conveyed to County of Houston for the widening of Beamer Road of record under File Number 2014032626, H.C.O.P.R.R.P., also being the northwest corner of Restricted Reserve "A" of Clear Creek I.S.D. Intermediate School No. 9, a subdivision of record under Film Code Number 579002, of the Map Records of Harris County, Texas (H.C.M.R.), said point being on the easterly right-of-way line of Beamer Road (width varies) Volume 69, Page 231 and Volume 663, Page 272, Deed Records of Harris County Texas (H.C.D.R.), Volume 315, Page 30, H.C.M.R. and Film Code Number 579002, H.C.M.R. and File Number 2014032626, H.C.O.P.R.R.P.;

Thence, along the easterly line of said Beamer Road described in File Number 2014032626, H.C.O.P.R.R.P. the following six (6) courses:

1. North 48° 26' 02" West, 42.19 feet to a 5/8-inch iron rod with cap stamped "Baseline Corp" found for corner, the beginning of a curve;

2. 141.83 feet, along the arc of a tangent curve to the right, having a radius of 1,849.86 feet, a central angle of 04° 23' 34", and a chord which bears North 46° 14' 14" West 141.79 feet to a 5/8-inch iron rod with cap stamped "Baseline Corp" found for corner;

3. North 44° 02' 27" West, 304.11 feet to a 5/8-inch iron rod with cap stamped "Baseline Corp" found for corner, the beginning of a curve;

4. 147.99 feet, along the arc of a tangent curve to the left, having a radius of 1,969.86 feet, a central angle of 04° 18' 16", and a chord which bears North 46° 11' 35" West 147.95 feet to a 5/8-inch iron rod with cap stamped "Baseline Corp" found for corner;

5. North 48° 20' 43" West, 1,827.98 feet to a 5/8-inch iron rod with cap stamped "Baseline Corp" found for corner;

6. South 41° 39' 45" West, 61.62 feet to a point for the northwest corner of the aforementioned 3.1271 acre tract, said point being on the easterly right-of-way line of Beamer Road described in Volume 663, Page 272, H.C.D.R. (called 60 feet wide at this point);

Thence, North 48° 24' 53" West, continuing along the easterly line of said Beamer Road, 1,216.93 feet to a point for corner;

Thence, North 18° 55' 59" East, departing said easterly right-of-way line, at 2.30 feet pass a 5/8-inch iron rod with aluminum disk stamped HL&P CO PT 103C found for the southwest corner of a 2.298 acre Houston Lighting & Power Company right-of-way easement (120 feet wide at this point) granted under File Number L544227, H.C.O.P.R.R.P., continuing in all a total distance of 54.36 feet to an angle point on the southeasterly line of said right-of-way easement (80 feet wide at this point);

Thence, North 44° 16' 59" East, continuing along the southeasterly line of said right-of-way easement, 520.81 feet to a point for corner, from which a found 5/8-inch iron rod with aluminum disk stamped HL&P CO PT 101A at an angle point on the southeasterly line of said right-of-way easement bears North 44° 16' 59" East, 360.31 feet;

Thence, South 46° 14' 34" East, departing said southeasterly line and generally along the westerly line of a dirt road, 325.93 feet to a point for corner ;

Thence, North 41° 35' 30" East, generally along the remains of a 4 foot barbed wire fence, 1,134.09 feet to a point for corner on the easterly line of the aforementioned 381.61 acre Scott Tract, same being the westerly line of the residue of that certain called 76.52 acre tract described conveyed to Thomas Franklin Riggs, Catherine Riggs, Brian Riggs and Grace India Riggs by an instrument of record under File Number F028674, H.C.O.P.R.R.P., to Bumble Bee Partners, Ltd by an instrument of record under File Number T669265, H.C.O.P.R.R.P., and to Tessa Ellen Blake by an instrument of record under File Number W794835, H.C.O.P.R.R.P.;

Thence, South 49° 45' 00" East, along the easterly line of said 381.61 acre Scott Tract and the westerly line of said 76.52 acre tract and its extension along Glenwest Drive (60 feet wide at this point) as shown on Film Code Number 660047, H.C.M.R., 3,351.29 feet to a 3/4-inch iron pipe for the northeast corner of that certain called 99.19 acre tract conveyed to Lakefield Realty, Inc. by an instrument of record under File Number U476294, H.C.O.P.R.R.P., said point being an angle point on the westerly right-of-way line of Glenwest Drive;

Thence, South 41° 34' 48" West, along the northwesterly line of said 99.19 acre tract, at 466.79 feet pass a 1-1/4-inch iron pipe found for the most western northeast corner of Restricted Reserve "A" of the aforementioned Clear Creek I.S.D. Intermediate School No. 9 subdivision, continuing along the northwest line of said Reserve "A", in all a total distance of 1,745.13 feet to the POINT OF BEGINNING and containing 134.40 acre 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 8349, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8349.0306 to read as follows:

Sec. 8349.0306. 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 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, 2019.