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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. 594; 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 7999A to read as follows: |
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CHAPTER 7999A. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 594 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7999A.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. 594. |
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Sec. 7999A.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. 7999A.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. 7999A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7999A.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. 7999A.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. 7999A.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. 7999A.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 7999A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7999A.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 7999A.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 7999A.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 7999A.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. 7999A.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. 7999A.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. 7999A.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. 7999A.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. 7999A.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. 7999A.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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7999A.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. 7999A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7999A.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. 7999A.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. 7999A.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. 7999A.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. 7999A.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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594 initially includes all the territory contained in the following |
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area: |
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Being 113.297 acres of land located in the William Hurd |
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Survey, Abstract 377, Harris County, Texas, and being all of that |
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certain called 111.2797 acre tract conveyed to Martens Family |
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Partnership Ltd., by an instrument of record in File Number |
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20120088210, of the Official Public Records of Real Property of |
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said Harris County, Texas, (H.C.O.P.R.R.P.), and all of that |
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certain called 2.000 acre save and except tract described in said |
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File Number 20120088210, H.C.O.P.R.R.P., said 113.297 acre tract |
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being more particularly described by metes and bounds as follows, |
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(all bearings referenced to the Texas Coordinate System, South |
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Central Zone, NAD 83, 2001 Adjustment): |
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BEGINNING at a 1/2-inch iron rod found marking the southwest |
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corner of said 111.2797 acre tract, same being the northwest corner |
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of that certain called 113.2797 acre tract conveyed to Kimmel |
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Decedent's Trust U/T/A 4/28/1999, Irma Kimmel, Trustee (58.09% |
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interest) by an instrument of record in File Number RP-2020-77718, |
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H.C.O.P.R.R.P. and Kimmel Survivor's Trust U/T/A 4/28/1999, Irma |
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Kimmel, Trustee (41.91% interest), by an instrument of record under |
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File Number RP-2020-77719, H.C.O.P.R.R.P., said point lying on the |
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east line of that certain called 24.6576 acre tract conveyed to |
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Allen Arthur Krahn and Rhonda Jean Krahn by an instrument of record |
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under File Number RP-2022-293701, H.C.O.P.R.R.P.; |
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Thence, North 01° 52' 17" West, along the west line of said |
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111.2797 acre tract, same being the east line of said 24.6576 acre |
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tract, passing at 76.60 feet the northeast corner of said 24.6576 |
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acre tract, from which a found 1/2-inch iron rod bears South 86° 15' |
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53" East, 0.49 feet, continuing along the west line of said 111.2797 |
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acre tract, along the east line of that certain called 11.2033 acre |
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tract conveyed to Kenneth Ervin Krahn by an instrument of record |
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under File Number M592368, H.C.O.P.R.R.P., passing at 497.50 feet a |
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5/8-inch iron rod with cap stamped "TONY SWONKE RPLS 4767" found for |
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the northeast corner of said 11.2033 acre Kenneth Krahn tract, same |
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being the southeast corner of that certain called 11.2033 acre |
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tract conveyed to Shirley Ann McKinney by an instrument of record |
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under File Number S338090, H.C.O.P.R.R.P., continuing along the |
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west line of said 111.2797 acre tract, same being the east line of |
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said 11.2033 acre McKinney tract, passing at 886.53 feet the |
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northeast corner of said 11.2033 acre McKinney tract, same being |
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the southeast corner of that certain called 11.2033 acre tract |
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conveyed to Anita Lynn Treichel by an instrument of record under |
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File Number S338144, H.C.O.P.R.R.P., from which a found 1/2-inch |
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iron rod bears North 88° 34' 47" West, 0.38 feet, continuing along |
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the west line of said 111.2791 acre tract, same being the east line |
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of said 11.2033 acre Treichel tract, passing at 1,281.61 feet the |
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northeast corner of said 11.2033 acre Treichel tract, same being |
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the southeast corner of that certain called 11.2033 acre tract |
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conveyed to Kathleen Diane Schultz by an instrument of record under |
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File Number S338091, H.C.O.P.R.R.P., from which a found 5/8-inch |
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iron rod bears North 78° 45' 01" West, 0.49 feet, and continuing |
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along a west line of said 111.2791 acre tract, same being the east |
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line of said 11.2033 acre Schultz tract for a total distance of |
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1,665.30 feet to a 5/8-inch iron rod with cap stamped "LJA SURVEY" |
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set for the northwest corner of said 111.2797 acre tract, same being |
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the southwest corner of that certain called 114.9706 acre tract |
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conveyed to Festival Properties, Inc. (57.5%) and Silvestri |
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Investments of Florida, Inc. (42.5%), by an instrument of record |
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under File Number RP-2020-302036, H.C.O.P.R.R.P.; |
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Thence, North 88° 02' 48" East, departing the east line of |
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said 11.2033 acre Schultz tract, along the north line of said |
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111.2797 acre tract, same being the south line of said 114.9706 acre |
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tract, 2,954.33 feet to a 1/2-inch iron rod found for the northeast |
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corner of said 111.2797 acre tract, same being the southeast corner |
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of said 114.9706 acre tract, said point lying in the right-of-way of |
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Telge Road (called 60 feet wide); |
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Thence, South 02° 30' 25" East, along the east line of said |
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111.2797 acre tract, 1,665.38 feet to the southeast corner of said |
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111.2797 acre tract, same being the northeast corner of the |
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aforementioned 113.2797 acre tract, said point lying in the |
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right-of-way of said Telge Road, from which a found 5/8-inch iron |
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rod bears North 68° 52' 49" East, 0.56 feet; |
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Thence, South 88° 02' 48" West, along the south line of said |
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111.2797 acre tract common to the north line of said 113.2797 acre |
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tract, 2,972.80 feet to the POINT OF BEGINNING and containing |
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113.297 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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7999A, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7999A.0306 to read as |
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follows: |
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Sec. 7999A.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. |