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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Harris County Municipal Utility |
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District No. 597; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7997A to read as follows: |
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CHAPTER 7997A. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 597 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7997A.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Harris County Municipal |
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Utility District No. 597. |
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Sec. 7997A.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7997A.0103. CONFIRMATION AND DIRECTOR ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 7997A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7997A.0103 until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district as required by |
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applicable law. |
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Sec. 7997A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7997A.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7997A.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors. |
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(b) Except as provided by Section 7997A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7997A.0202. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7997A.0103; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 7997A.0103 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7997A.0103; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7997A.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7997A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7997A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads. |
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Sec. 7997A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7997A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7997A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section |
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7997A.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7997A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7997A.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7997A.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7997A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7997A.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7997A.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Harris County Municipal Utility District No. |
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597 initially includes all the territory contained in the following |
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area: |
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Being 528.9 acres of land located in the Harris County School |
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Land Survey, Section 2, Abstract No. 332, Harris County, Texas; |
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said 528.9 acres being all of Lots 1-8, 12, and 13, and a portion of |
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Lots 9-11 and 14, Section 2 of the plat of Harris County School Land |
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Four Leagues as recorded in Volume 17, Page 222-223 of the Harris |
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County Deed Records (H.C.D.R.) and being a part of a called 534.5455 |
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acre tract of land recorded in the name of Bud Adams Ranches, Inc. |
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in Clerk's File (C.F.) No. N143996 of the Official Public Records |
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of Real Property of Harris County (O.P.R.R.P.H.C.); said 528.9 acre |
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tract being more particularly described by metes and bounds as |
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follows (all bearings are referenced to the Texas Coordinate |
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System, North American Datum of 1983 (NAD83), South Central Zone): |
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Beginning at a 5/8-inch iron rod with cap stamped "COSTELLO |
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INC" set at the intersection of the southerly right-of-way line of |
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Castle Road (width varies), the southerly 29 feet being established |
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by said plat of Harris County School Lands Four Leagues and the |
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easterly right-of-way line of Stokes Road (called 99 feet wide in |
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said plat of Harris County School Land Four Leagues), and being on |
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the northerly line of said 534.5455 acre tract, from which a 1-inch |
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iron pipe found at the northwest corner of said 534.5455 acre tract |
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bears South 87 degrees 44 minutes 32 seconds West, a distance of |
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35.24 feet; |
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1. Thence, with the northerly line of said 534.5455 acre |
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tract and the southerly right-of-way line of said Castle Road, |
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North 87 degrees 44 minutes 32 seconds East, a distance of 5,372.87 |
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feet to a 5/8-inch iron rod with cap stamped "COSTELLO INC" set at |
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the northeast corner of said 534.5455 acre tract, being at the |
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intersection of the southerly right-of-way line of said Castle Road |
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and the westerly right-of-way line of Binford Road (called 66 feet |
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wide in aforesaid plat of Harris County School Land Four Leagues); |
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2. Thence, with the easterly line of said 534.5455 acre |
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tract and the westerly right-of-way line of said Binford Road, |
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South 02 degrees 50 minutes 23 seconds East, a distance of 3,550.58 |
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feet to a 5/8-inch iron rod with cap stamped "COSTELLO INC" set at |
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the most easterly southeast corner of said 534.5455 acre tract and |
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the northeast corner of a called 2.7481 acre tract of land recorded |
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in the name of Mark W. Patrick in C.F. No. V617308 of the |
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O.P.R.R.P.H.C., from which a found 5/8-inch iron rod bears North 10 |
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degrees 36 minutes 46 seconds East, a distance of 11.53 feet; |
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3. Thence, with the southerly line of said 534.5455 acre |
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tract, the northerly line of said 2.7481 acre tract, the northerly |
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line of a called 12.967 acre tract of land recorded in the name of |
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David Allen Baskin in C.F. No. 20100430844 of the O.P.R.R.P.H.C., |
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the northerly line of the remainder of a called 13.210 acre tract of |
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land recorded in the name of James Hurschel Thompson in C.F. |
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No. G150745 of the O.P.R.R.P.H.C., the northerly line of a called |
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6.6025 acre tract of land recorded in the name of Dianna Lynn Ward |
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in C.F. No. N033932 of the O.P.R.R.P.H.C., and the northerly line |
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of a called 64.683 acre tract of land recorded in the name of David |
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Allen Baskin in said C.F. No. 20100430844 of the O.P.R.R.P.H.C., |
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South 87 degrees 41 minutes 53 seconds West, a distance of 3,037.38 |
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feet to a 5/8-inch iron rod found at an interior corner of said |
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534.5455 acre tract and the northwest corner of said 64.683 acre |
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tract; |
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4. Thence, with the easterly line of said 534.5455 acre |
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tract and the westerly line of said 64.683 acre tract, South 02 |
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degrees 34 minutes 04 seconds East, a distance of 1,659.17 feet to a |
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5/8-inch iron rod with cap stamped "COSTELLO INC" set on the |
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northerly right-of-way line of Vining Road (called 66 feet wide in |
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aforesaid plat of Harris County School Land Four Leagues); |
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5. Thence, with the northerly right-of-way line of said |
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Vining Road, South 87 degrees 35 minutes 44 seconds West, a distance |
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of 918.76 feet to a 5/8-inch iron rod with cap stamped "COSTELLO |
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INC" set; |
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6. Thence, continuing with the northerly right-of-way line |
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of said Vining Road, South 87 degrees 23 minutes 41 seconds West, a |
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distance of 1,433.80 feet to a 5/8-inch iron rod with cap stamped |
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"COSTELLO INC" set at the intersection of the northerly |
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right-of-way line of said Vining Road and the easterly right-of-way |
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line of aforesaid Stokes Road; |
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7. Thence, with the easterly right-of-way line of said |
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Stokes Road, North 02 degrees 40 minutes 05 seconds West, a distance |
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of 1,895.29 feet to a 5/8-inch iron rod with cap stamped "COSTELLO |
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INC" set; |
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8. Thence, continuing with the easterly right-of-way line |
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of said Stokes Road, North 02 degrees 29 minutes 23 seconds West, a |
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distance of 2,393.31 feet to a 5/8-inch iron rod with cap stamped |
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"COSTELLO INC" set; |
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9. Thence, continuing with the easterly right-of-way line |
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of said Stokes Road, North 02 degrees 32 minutes 53 seconds West, a |
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distance of 934.41 feet to the Point of Beginning and containing |
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528.9 acres of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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7997A, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7997A.0306 to read as |
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follows: |
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Sec. 7997A.0306. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |