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CC Resolution No. 2469RESOLUTION NO . 2469 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS , EXPRESSING ITS SUPPORT TO THE CREATION OF A POLITICAL SUBDIVISION TO BE KNOWN AS HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO . 555; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ******************************************************************************* WHEREAS , the City of Baytown, Texas, hereinafter referred to as the "City," has received a request to express its support to the creation of Harris County Municipal Utility District No . 555, hereinafter referred to as the "District," containing approximately 118.84 acres of land, more or less, within the extraterritorial jurisdiction of the City, and more particularly described in Section 1 hereof; WHEREAS , the City is in support of the legislation, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes ; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council hereby expresses its support to efforts underway to create the proposed Harris County Municipal Utility District No . 555 (the "District") and the legislation in Exhibit "A." This expression of support is not a formal consent ordinance, however, and the City's formal consent to the creation of the District, as required by Section 42.042 of the Texas Local Government Code and Section 54.016 of the Texas Water Code, and Section 7999 .004 of the proposed bill will not be granted until (a) the City of Baytown consents to the creation of the District and to the inclusion of land in the District; and (b) the City of Baytown and the owner(s) of land in the District have entered into an agreement regarding the City 's requirements relative to developing and improving such land . The land to be embraced within the limits of the District is situated within the jurisdiction of the City and is more particularly described in Exhibit "A ," which is attached hereto and made a part hereof for all intents and purposes . Section 2: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED, by the affirmative vote Baytown this the 13th day of April , 201 7. EXHIBIT "A" 85R13865 TSR -F By : Creighton S.B . No . 226 7 A BI LL TO BE ENTITLED AN ACT relati n g to the creation of the Harris County Mu nicipa l Utility Distric t No . 555 ; gra nti ng a limited power of eminent domain ; prov i d i ng authority to i ssue bonds ; providing authority to impose assessments , fees , and taxes . BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS : SECTION 1. Subtit l e F , Title 6 , Special District Local Laws Code , is amended by add in g Chap t er 7999 to read as follows : CHAPTER 7999 . HARRIS COUNTY MUNICIPAL UT ILITY DISTRICT NO . 555 SUBCHAP TE R A . GENERAL PROVISIONS Sec . 7999 .001 . DEFINITIONS . In this chapter : ( 1) "Board " means the district 's board of directors. ( 2) "City " means the City of Baytown. (3) "Commiss i on " means the Texas Commiss i on Environmental Quality . ( 4) "Director " means a board member . on (5) "District" means the Harr i s County Mu nicipa l Utility District No . 555. Sec . 7999 .002 . NA TURE OF DISTRIC T. The district is a municipal utility distr i ct created under Section 59 , Article XVI , Texas Constitution . Page -1 - S .B . No . 2267 Sec. 7999.003. CONFIRMATION AND DIRECTORS ' ELECTION REQUIRED . The temporary directors shall hold an election to con firm the creat ion of the district and to elect five permanent direc t ors as provided by Section 49 .10 2 , Water Code . Sec. 7999.004. CONSENT OF MUNICIPALITY REQUIRED . The temporary directors may not hold an election under Section 79 99.003 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has : (1) consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district ; and (2) entered into a development agreement with the owner or owners of the real property within the district regard i ng the municipality 's requirements for developing or improving the land. Sec. 7999 .005 . FINDINGS OF PUBLIC PURPOSE AND BENEFIT . (a) The district is created to serve a public purpose and benefit . (b) The district i s created to accomplish the purposes of : (1) a muni cipal utility district as provided by general law and Section 59 , Artic l e XVI , Texas Constitution ; and (2) Section 52 , Article III , Texas Constitution , that relate to the construction , acquisition , improvement , opera ti on , or maintenance of macadamized , graveled , or paved roads , or improvements , including storm drainage , in aid of those roads . Sec . 7999 .006 . INITIAL DISTRICT TERRITORY . (a) The district is initially composed of the territory described by Section 2 of the Act enacting this c hapt er . Page -2 - S .B . No. 2267 (b) The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure . A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district 's : (1) organization , existence , or validity ; (2) right to issue any type of bond for the purposes for which the district is created or to pay the principa l of and interest on a bond ; (3) right to imp ose a tax ; or (4) legality or operation . SUBCHAPTER B . BOARD OF DIRECTORS Sec. 7999 .051 . GOVERNING BODY ; TERMS. (a) The dis tr ict is governed by a board of f i ve elected directors. (b) Except as provided by Section 7999 .052 , directors serve staggered four-year terms . Sec . 7999 .052 . TEMPORARY DIRECTORS . (a) On or after September 1 , 2 017 , the owner or ow ners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as temporary directors the five persons named in the petition . The commission shall appoint as temporary directors the five persons named in the petition . (b) Temporary directors serve until the earlier of : (1) the date permanent directors are elected under Section 7999 .003 ; or Page -3 - S .B . No . 2267 (2) September 1 , 2021 . (c) If permanent directors have not been elected under Section 7 999 .003 and the terms of the temporary directors have expired , successor temporary directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of : (1) the date permanent directors are elected under Section 7999 .003 ; or ( 2) the fourth anniversary of the date of the appointment or reappointment. (d) If Subsection (c) applies , the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as successor temporary directors the five persons named in the petition . The commission shall appoint as successor temporary directors the five persons named in the petition . SUBCHAPTER C . POWERS AND DUTIES Sec. 7999 .1 01 . GEN ERAL POW ERS AND DUTIES . The district has the powers and duties necessary to accomplish the purposes for which the district is created . Sec . 7999 .102 . MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES . The district has the powers and duties provided by the general law of this state , including Chapters 49 and 54 , Water Code , applicable to municipal utility districts created under Section 59 , Article Page -4 - S.B . No . 2267 XVI , Texas Constitution . Sec . 7999 .103. AUTHORITY FOR ROAD PROJECTS. Under Section 52 , Article III , Texas Constitution , the district may design , acquire, construct , finance, issue bonds for , improve , operate , maintain, and convey to this state , a county , or a municipality for operation and maintenance macadamized, graveled , or paved roads, or improvements, including storm drainage , in aid of those roads . Sec . 7999 .104 . ROAD STANDARDS AND REQUIREMENTS . (a) A road project must meet all applicable construction standards , zoning and subdivision requirements , and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located. (b) If a road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality , the road project must meet all applicable construction standards , subdivision requirements , and regulations of each county in which the road project is located . (c) If the state will maintain and operate the road , the Texas Transportation Commission must approve the plans and specifications of the road project. Sec . 7999.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 54.016 or 54 .0165 , Water Code , and that consents to the creation of the district or to the inclusion of land in the Page -5 - S.B. No. 2267 district. SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS Sec. 7999.151. ELECTIONS REGARDING TAXES OR BONDS . (a) The district may issue , without an election , bonds and other obligations secured by: (1) revenue other than ad valorem taxes; or (2) contract payments described by Section 7999.153. (b) The district must hold an election in the manner provided by Chapters 49 and 54 , Water Code , to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes . (c) The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two -thirds majority of the district voters voting at an election held for that purpose . Sec. 7999 .152 . OP ERATI ON AND MAINTENANCE TAX. (a) If authorized at an election held under Sec tion 7999 .1 51 , the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49 .107 , Water Code . (b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election. Sec . 7999 .1 53. CO NTRA CT TAXES. (a) In accordance with Section 49 .108 , Water Code , the district may impose a tax other than an operation and maint ena nce tax and us e the revenue derived from the tax to make payments under a contract after the provisions Page -6 - S .B. No. 2267 of the contract have been approved by a majority of the district voters voting at an election held for that purpose . (b) A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval . SUBCHAPTER E . BONDS AND OTHER OBLIGATIONS Sec. 7999.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIG ATIONS. The district may issue bonds or other obli gat ions payable wholly or partly from ad valorem taxes , impact fees , revenue , contract payments , grants , or other district money , or any combination of those sources , to pay for any au thorized district purpose . Sec . 7 999 .202 . TAXES FOR BOND S. At the time the distr ict issues bonds payable wholly or partly from ad valorem taxes , the board shall provide for the annual imposition of a co ntinuing direct ad valorem tax , with out limit as to rate or amount , while all or part of the bonds are outstanding as required and in the manner provided by Sec tions 54 .601 and 54 .602 , Water Code . Sec . 7999.203 . BONDS FOR ROAD PROJECTS . At the time of issuance, the total principal amount of bonds or other obl igati ons issued or incurred to finance road projects and payable from ad valorem taxes may not exceed o ne -fourth of the assessed value of the real property in the district. SUBCHAP TER F. ANNEXATION BY CITY Sec . 7999.251. EFFECT OF ANNEXATION BY CITY . (a) Page -7 - S .B . No . 2267 Notwithstanding any other law , if all of the terri tory of the district is annexed by the city into the corporate limits of the city before the date of the election held to confirm the creation of the district and the district is confirmed at that election , the district may not be dissolved and continues in existence . (b) Notwithstanding Section 54 .016(f) (2), Water Code , an allocation agreement between the city and the district that provides for the allocation of the taxes or revenues of the district and the city following the date of inclusion of all the district 's terri tory in the corporate limits of the city may provide that the total annual ad valorem taxes collected by the city and the district from taxable property in the district may exceed the city 's ad valorem tax on that property. SECTION 2 . The Harris County Municipal Utility District No. 555 initially includes all the terri tory contained in the following area: Being a tract of land containing 119 .398 Acres of land situated in the George Ellis League , Abstract No . 21 , Harris County , Texas and being out a called 214 .397 described in Vol. 7038 Page 45 Harris County Deed of Records (H .C .D.R.) and a l l of a called 119.7776 acre tract conveyed to Anthony Lee Polumbo and Wife Carolyn Adams-Polumbo by deed recorded under Harris County Clerks File (H .C .C .F .) number V074141 . Said 119 .398 acre tract being more particularly described as following (Bearings are printed to the bearing base reflected in said deed recorded under H.C .C .F . Number Page -8 - S .B . No. 2267 V074141): Commencing at a found 1/2 inch iron rod found in the southerly right of way (R .O .W.) line at F .M . 1942 marking the northeast corner of said 214 .397 acre tract and the northeast corner of a called 6 .40 acre tract conveyed to Joaquin Garcia by deed recorded under H .C .C .F . Number T898933 ; Thence S 80°25 '00 " W along the south R .O .W. line of said F .M. 1942 , a distance of 109 .00 feet to a 5/8 inch iron rod found marking the northeast corner of said 6 .40 acre tract the Point of Beginning and the northeast corner of the herein described tract ; Thence S 12°28 '32 " E departing said F .M. 19 4 2 and a l ong the west lin e of said 6 .40 acre tract a distance of 2557 .34 feed to a 5/8 inch iron rod set i n the north line of that certain tract conveyed to Malcom Brown by deed recording in Vol . 1708 Pg 203 , H .C .D.R . and marking the southeast corner of the herein described tract ; Thence S 80°47 '00 " W along the north line of said Brown tract , the north line of a called 14 .04 acre tract conveyed to Word of Faith Fellowship Churc h by deed recorded under H. C . C . F. Number 0757159 , a distance of 2845 .90 feet to a found 1/2 inch iron rod in the southeasterly R .O.W . line of a called 18 .688 acre Coastal Industrial Water Authority tract described in H. C . C . F . Number 0282570 said point mar ki ng the southwest corner of the herein described tract ; Thence N 28°34 '52 " E along the west R .O .W. line of said 18 .688 Page -9 - S .B . No . 2267 acre tract a distance o f 1483 .38 feet to a set 5/8 " iron rod and marking a point for curvature to the left ; Thence , northeasterly along the easterly R .O .W. line of said Coast Industrial Water Authority and said curve to the l eft , having a radius of 1000 feet , an arc length of 609 .91 feet a centra l angle of 34°56 '43 " and a chord bearing a distance of N 11 °06 '31 " 600 .50 feet to a set 5/8 " iron rod marking a point of tangency ; Thence N 06°21 '51 " W continuing along the east R .O .W. line of said Coastal Industrial Water Authority a distance of 732 .40 feet to an angle point for whi ch a f ound 5/8 inch iron rod bears N 87°13 " E a distance of 1 ; Thence N 2 1 °35 '21 " E continu ing along the east R .O.W . line of said Coastal Industrial Water Authority a distance of 124 .90 feet to a point in the south R .O .W. of said F .M. 1942 from which a found 5/8 inch iron rod bears S 77°13 " E 1.55 feet ; Thence N 83°38 '16 " E departing said Coastal Industrial Water Authority and along said south R .O .W. line of F.M . 1 942 a distance of 399.37 feet to a point for c u rvature to the left from which a found 5/8 inch ir on rod bears N 31°58 " W 2 .22 Feet ; Then in a northeasterl y direction with said curve to the left having a centra l angle of 03°13 '16 " a radius of 2914 .93 feet an arc length of 163 .9 7 feet , a chord bearing of N 82°01 '38 " E and a chord distance of 163 .85 feet to a point of ta ngency form which a found 5/8 inch iron rod bears N 24°23 " W 1 .87 feet ; Thence N 80°25 '00 " E continuing along the south R .O .W. of F .M. Page -10 - S .B. No. 2267 1942 a distance of 1053 .21 feet to the Point of Beginning and containing 119 .398 acres of land . SECTION 3 . (a) The legal notice of the intention to intro duce this Act , setting forth the general substance of this Act , has been published as provided by l aw , and the not i ce and a copy of t his Act have been fur ni shed to all persons , agencies , officials , or entities to which they are required to be furnished under Section 59 , Article XVI , Texas Constitution , and Chapter 313 , Government Code . (b) The governor , one of the required recipients , has submitted the notice and Ac t to the Texas Commis s ion on Environmental Qu a l ity. (c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor , the lieutenant governor , and the speaker of the house of representatives within the required time . (d) All requireme n ts of t h e constitution and laws of this state and the ru l es and procedures of the legislature wit h respect to the notice , i ntroduct i on , and passage of this Act are fulfilled and accomplished . SECTION 4 . (a) If this Act does not rece i ve a two -thirds vote of all the members elected to each house , Subchapter C , Chapter 7999 , Special Di strict Local Laws Code , as added by Section 1 of this Act , i s amended by adding Section 7999 .1 06 to read as follows : Page -11 - S .B . No . 2267 Sec . 7999 .106 . NO EMINENT DOMAIN POWER . The district may not exercise the power of eminent domain . (b) This section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c), Article I , Texas Constitution. SECTION 5 . This Act takes effect September 1 , 2017 . Page -1 2 -