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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. 555; 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 7999 to read as follows: |
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CHAPTER 7999. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 555 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7999.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Baytown. |
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(3) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(4) "Director" means a board member. |
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(5) "District" means the Harris County Municipal |
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Utility District No. 555. |
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Sec. 7999.002. 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. 7999.003. CONFIRMATION AND DIRECTORS' 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. 7999.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7999.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has: |
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(1) consented by ordinance or resolution to the |
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creation of the district and to the inclusion of land in the |
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district; and |
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(2) entered into a development agreement with the |
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owner or owners of the real property within the district regarding |
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the municipality's requirements for developing or improving the |
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land. |
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Sec. 7999.005. 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. 7999.006. 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. 7999.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 7999.052, directors serve |
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staggered four-year terms. |
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Sec. 7999.052. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2017, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the commission requesting that the commission appoint as temporary |
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directors the five persons named in the petition. The commission |
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shall appoint as temporary directors the five persons named in the |
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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 7999.003; or |
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(2) September 1, 2021. |
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(c) If permanent directors have not been elected under |
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Section 7999.003 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 7999.003; 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. 7999.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7999.102. 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. 7999.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7999.104. 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. 7999.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7999.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) 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 7999.153. |
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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. 7999.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7999.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water 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. 7999.153. 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. 7999.201. 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. 7999.202. 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. 7999.203. 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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SUBCHAPTER F. ANNEXATION BY CITY |
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Sec. 7999.251. EFFECT OF ANNEXATION BY CITY. |
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(a) Notwithstanding any other law, if all of the territory of the |
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district is annexed by the city into the corporate limits of the |
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city before the date of the election held to confirm the creation of |
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the district and the district is confirmed at that election, the |
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district may not be dissolved and continues in existence. |
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(b) Notwithstanding Section 54.016(f)(2), Water Code, an |
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allocation agreement between the city and the district that |
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provides for the allocation of the taxes or revenues of the district |
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and the city following the date of inclusion of all the district's |
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territory in the corporate limits of the city may provide that the |
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total annual ad valorem taxes collected by the city and the district |
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from taxable property in the district may exceed the city's ad |
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valorem tax on that property. |
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SECTION 2. The Harris County Municipal Utility District No. |
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555 initially includes all the territory contained in the following |
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area: |
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Being a tract of land containing 119.398 Acres of land |
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situated in the George Ellis League, Abstract No. 21, Harris |
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County, Texas and being out a called 214.397 described in Vol. 7038 |
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Page 45 Harris County Deed of Records (H.C.D.R.) and all of a called |
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119.7776 acre tract conveyed to Anthony Lee Polumbo and Wife |
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Carolyn Adams-Polumbo by deed recorded under Harris County Clerks |
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File (H.C.C.F.) number V074141. Said 119.398 acre tract being more |
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particularly described as following (Bearings are oriented to the |
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bearing base reflected in said deed recorded under H.C.C.F. Number |
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V074141): |
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COMMENCING at a found 1/2 inch iron rod found in the southerly |
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right of way (R.O.W.) line at F.M. 1942 marking the northeast corner |
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of said 214.397 acre tract and the northeast corner of a called 6.40 |
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acre tract conveyed to Joaquin Garcia by deed recorded under |
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H.C.C.F. Number T898933; |
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THENCE S 80°25'00" W along the south R.O.W. line of said F.M. |
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1942, a distance of 109.00 feet to a 5/8 inch iron rod found marking |
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the northeast corner of said 6.40 acre tract the POINT OF BEGINNING |
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and the northeast corner of the herein described tract; |
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THENCE S 09°29'00" E departing said F.M. 1942 and along the |
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west line of said 6.40 acre tract a distance of 2557.34 feed to a 5/8 |
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inch iron rod set in the north line of that certain tract conveyed |
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to Malcom Brown by deed recording in Vol. 1708, Pg. 203, H.C.D.R. |
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and marking the southeast corner of the herein described tract; |
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THENCE S 80°47'00" W along the north line of said Brown tract, |
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the north line of a called 14.04 acre tract conveyed to Word of |
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Faith Fellowship Church by deed recorded under H.C.C.F. Number |
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U757159, a distance of 2845.90 feet to a found 1/2 inch iron rod in |
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the southeasterly R.O.W. line of a called 18.668 acre Coastal |
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Industrial Water Authority tract described in H.C.C.F. Number |
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D282570 said point marking the southwest corner of the herein |
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described tract; |
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THENCE N 28°34'52" E along the west R.O.W. line of said 18.668 |
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acre tract a distance of 1483.38 feet to a set 5/8" iron rod marking |
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a point for curvature to the left; |
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THENCE, northeasterly along the easterly R.O.W. line of said |
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Coast Industrial Water Authority and said curve to the left, having |
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a radius of 1000 feet, an arc length of 609.91 feet, a central angle |
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of 34°56'43" and a chord bearing a distance of N 11°06'31", 600.50 |
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feet to a set 5/8" iron rod marking a point of tangency; |
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THENCE N 06°21'51" W continuing along the east R.O.W. line of |
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said Coastal Industrial Water Authority a distance of 732.40 feet |
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to an angle point from which a found 5/8 inch iron rod bears N 87°13' |
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E a distance of 1.41 feet; |
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THENCE N 21°35'21" E continuing along the east R.O.W. line of |
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said Coastal Industrial Water Authority a distance of 124.90 feet |
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to a point in the south R.O.W. of said F.M. 1942, from which a found |
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5/8 inch iron rod bears S 77°13' E, 1.55 feet; |
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THENCE N 83°38'16" E, departing said Coastal Industrial Water |
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Authority and along said south R.O.W. line of F.M. 1942, a distance |
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of 399.37 feet to a point for curvature to the left, from which a |
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found 5/8 inch iron rod bears N 31°58' W, 2.22 Feet; |
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THENCE in a northeasterly direction with said curve to the |
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left having a central angle of 03°13'16", a radius of 2914.93 feet, |
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an arc length of 163.87 feet, a chord bearing of N 82°01'38" E and a |
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chord distance of 163.85 feet to a point of tangency from which a |
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found 5/8 inch iron rod bears N 24°23' W, 1.87 feet; |
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THENCE N 80°25'00" E, continuing along the south R.O.W. of |
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F.M. 1942, a distance of 1053.21 feet to the POINT OF BEGINNING and |
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containing 119.398 acres of land. |
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SAVE AND EXCEPT the following described portion of said |
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119.398 acre tract: |
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(SAVE AND EXCEPT TRACT): |
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Being a tract of land containing 0.0729 acres (3,175 square |
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feet) situated in the George Ellis League, A-21 in Harris County, |
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Texas, and also being out of a 119.7776-acre tract from Two Fourteen |
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LTD., to Anthony Lee Polumbo and wife, Carolyn Adams-Polumbo by |
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deed dated May 24, 2001 as recorded under County Clerk's File No. |
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V074141, Film Code No. 540-37-0998 of the Official Public Records |
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of Harris County, Texas. Said 0.0729-acre tract being more |
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particularly described by metes and bounds as follows: |
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Note: The bearings referenced herein are based on the |
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119.7776-acre tract as recorded under County Clerk's File No. |
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V074141, Film Code No. 540-37-0998 of the Official Public Records |
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of Real Property of Harris County, Texas. |
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BEGINNING at a found 1/2-inch iron rod located at the |
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intersection of the south right-of-way line of Barbers Hill Road |
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(F.M. 1942) (100 feet wide) as conveyed unto the State of Texas by |
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the following deeds: Volume 4101, Page 586 of the Deed Records of |
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Harris County, Texas, County Clerk's File No. B328808, Film Code |
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No. 051-19-0916, File No. B357094, Film Code No. 061-11-0735 of the |
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Official Public Records of Real Property of Harris County, Texas, |
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and the east Canal line of an 18.67-acre tract as conveyed unto |
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Coastal Industrial Water Authority by deed recorded under County |
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Clerk's File No. D282570, Film Code No. 126-26-1855 of the Official |
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Public Records of Real Property of Harris County, Texas, for the |
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northwest corner of said 119.7776-acre tract and for northwest |
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corner of said tract herein described; |
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THENCE North 83°19'01" East with the south right-of-way line |
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of said Barbers Hill Road and the north line of said 119.7776-acre |
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tract, a distance of 50.00 feet to a set 5/8-inch iron rod with cap |
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stamped "Cobb, Fendley & Associates" for the northeast corner of |
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said tract herein described; |
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THENCE South 06°40'59" East, a distance of 50.00 feet to a set |
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5/8-inch iron rod with cap stamp "Cobb, Fendley & Associates" for |
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the southeast corner of said tract herein described; |
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THENCE South 83°19'01" West, a distance of 76.99 feet to a set |
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5/8-inch iron rod with cap stamped "Cobb, Fendley & Associates" |
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located in the east line of said 18.67-acre tract and the west line |
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of said 119.7776-acre tract for the southwest corner of said tract |
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herein described; |
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THENCE North 21°40'31" East with the east line of said |
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18.67-acre tract and the west line of said 119.7776-acre tract, a |
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distance of 56.82 feet to the POINT OF BEGINNING and containing |
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0.0729 acres (3,175 square feet) of land, more or less. |
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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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7999, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7999.106 to read as follows: |
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Sec. 7999.106. 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 September 1, 2017. |