81R6408 SLB-F
By: Fletcher H.B. No. 1917
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Harris County Municipal Utility
District No. 478; providing authority to impose a tax and issue
bonds; granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8334 to read as follows:
CHAPTER 8334. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 478
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8334.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Harris County Municipal
Utility District No. 478.
Sec. 8334.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8334.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8334.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8334.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8334.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, or improvement of
macadamized, graveled, or paved roads described by Section 54.234,
Water Code, or improvements, including storm drainage, in aid of
those roads.
Sec. 8334.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 8334.007-8334.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8334.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8334.052, directors serve
staggered four-year terms.
Sec. 8334.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the Texas Commission on
Environmental Quality 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 8334.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8334.003 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 8334.003; 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.
[Sections 8334.053-8334.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8334.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8334.102. 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 XVI, Texas Constitution.
Sec. 8334.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the Texas Commission on Environmental Quality as required by
Section 54.234, Water Code.
Sec. 8334.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8334.103
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 8334.105. 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
district.
Sec. 8334.106. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8334.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8334.107-8334.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8334.151. 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 8334.153.
(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. 8334.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8334.151, 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. 8334.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 8334.154-8334.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8334.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8334.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8334.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Harris County Municipal Utility District No.
478 initially includes all the territory contained in the following
area:
A METES AND BOUNDS description of a certain 566.80 acres of
land situated in the John Devine Survey, Abstract No. 238 and the
Isaac Ratcliff Survey, Abstract No. 664, in Harris County, Texas;
said 566.80 acre tract being more particularly described in two
tracts as follows:
TRACT 1 468.12 Acres
Field Notes for a certain 468.12 acre tract of land situated
in the John Devine Survey, Abstract No. 238 and the Isaac Ratcliff
Survey, Abstract No. 664 in Harris County, Texas; said 468.12 acre
tract being comprised of the following: a called 418.8430 acre
tract of land, less 1.5133 Acres, (Tract I) conveyed to JM Texas
Land Fund No. 4, L.P. by Correction General Warranty Deed recorded
under Clerk's File No. 20060281750 of the Harris County Official
Public Records of Real Property, a called 2.000 acre tract of land
conveyed to JM Texas Land Fund No. 4, L.P. by General Warranty Deed
recorded under Clerk's File No. Z374015 of the Harris County
Official Public Records of Real Property, a called 18.275 acre
tract of land conveyed to JM Texas Land Fund No. 4, L.P. by General
Warranty Deed recorded under Clerk's File No. Z224911 of the Harris
County Official Public Records of Real Property, a called 10.200
acre tract of land conveyed to JM Texas Land Fund No. 4, L.P. by
Special Warranty Deed recorded under Clerk's File No. Z254218 of
the Harris County Official Public Records of Real Property, and a
called 20.3175 acre tract of land (Tract II) conveyed to JM Texas
Land Fund No. 4, L.P. by Correction General Warranty Deed recorded
under Clerk's File No. 20060281750 of the Harris County Official
Public Records of Real Property; said 468.12 acre tract being more
particularly described as follows with all bearings based on a call
of North 8941'54" East along the north line of said 418.8430 acre
tract;
BEGINNING at the southeast corner of said called 418.8430
acre tract, being the southeast corner of said Isaac Ratcliff
Survey and an interior corner of the H. Ehrenberg Survey, Abstract
No. 247;
THENCE, along the south line of said Isaac Ratcliff Survey
and a north line of said H. Ehrenberg Survey, the following three
(3) courses and distances:
1. South 8958'59" West, 3754.53 feet to an angle point;
2. North 8909'44" West, 1391.57 feet to a point at the
southwest corner of the aforementioned called 418.8430 acre tract,
and the southeast corner of the aforementioned called 18.275 acre
tract;
3. North 8942'43" West, 150.00 feet to a point in the west
line of said Isaac Ratcliff Survey, the east line of the
aforementioned John Devine Survey, the southwest corner of said
called 18.275 acre tract, and the southeast corner of the
aforementioned called 10.200 acre tract;
THENCE, North 8942'43" West, along the south line of said
John Devine Survey and a north line of said H. Ehrenberg Survey,
330.00 feet to a point at the southwest corner of said called 10.200
acre tract and the southeast corner of the aforementioned called
20.3175 acre tract of land;
THENCE, North 8938'27" West, continuing along the south line
of said John Devine Survey, 650.00 feet to a northwesterly corner of
said H. Ehrenberg Survey and the northeast corner of the R. Hall
Survey, Abstract No. 349, continuing in all, a total distance of
660.00 feet to a point for corner the southwest corner of the
aforementioned called 20.3175 acre tract and the southwest corner
of the herein described tract;
THENCE, North 0027'32" East, 1338.52 feet to a point for
corner at the northwest corner of said called 20.3175 acre tract;
THENCE, North 8955'49" East, 660.00 feet to a point for
corner at the northeast corner of said called 20.3175 acre tract
being in the west line of the aforementioned called 10.200 acre
tract;
THENCE, North 0027'28" East, along the west line of said
called 10.200 acre tract, 2.93 feet to a point for corner;
THENCE, South 8942'43" East, 330.00 feet to a point for
corner being the northeast corner of said called 10.200 acre tract
being in the east line of the aforementioned John Devine Survey;
THENCE, North 0027'28" East, along the east line of said John
Devine Survey, 3960.00 feet to a point for corner at the northwest
corner of the aforementioned called 18.275 acre tract being the
northeast corner of said John Devine Survey, the northwest corner
of the aforementioned Isaac Ratcliff Survey, the southeast corner
of the Stephen Jarboe Survey, Abstract No. 491, and the southwest
corner of the Moses Merritt Survey, Abstract No. 578
THENCE, South 8959'45" East, along the south line of said
Moses Merritt Survey and the north line of said Isaac Ratcliff
Survey, 150.03 feet to a point for corner being the northwest corner
of said 18.275 acre tract;
THENCE, South 0027'29" West, 1698.76 feet to a point for
corner being the northwest corner of the aforementioned called
418.8430 acre tract;
THENCE, North 8941'54" East, 5076.30 feet to a point for
corner in the west right-of-way line of Katy Hockley Road;
THENCE, South 0010'14" East, along the west right-of-way
line of Katy Hockley Road, 1406.32 feet to a point for corner;
THENCE, South 8949'46" West, 660.00 feet to a point for
corner;
THENCE, South 0010'14" East, 330.00 feet to a point for
corner;
THENCE, North 8949'46" East, 660.00 feet to a point for
corner in the west right-of-way line of Katy Hockley Road;
THENCE, South 0010'14" East, along the west right-of-way
line of Katy Hockley Road, 791.87 feet to a point for corner;
THENCE, South 8757'45" West, 267.93 feet to a point for
corner;
THENCE, South 0031'54" West, 48.05 feet to a point for
corner;
THENCE, South 8908'31" West, 110.16 feet to a point for
corner;
THENCE, South 0005'00" West, 127.00 feet to a point for
corner;
THENCE, South 8156'26" East, 19.49 feet to a point for
corner;
THENCE, South 0005'00" West, 61.00 feet to a point for
corner;
THENCE, South 8938'27" East, 390.09 feet to a point for
corner in the east line of the aforementioned Isaac Ratcliff Survey
and the northeast corner of the aforementioned 2.000 acre tract;
THENCE, South 0010'14" East, 873.64 feet to the POINT OF
BEGINNING, CONTAINING 468.12 acres of land in Harris County, Texas,
as shown on Drawing No. 6165 in the office of Cotton Surveying
Company in Houston, Texas.
TRACT 2 98.68 Acres
Field Notes for a certain 98.68 acre tract of land situated in
the John Devine Survey, Abstract No. 238 in Harris County, Texas;
said 98.68 acre tract being the same called 98.6751 acre tract of
land (Tract III) conveyed to JM Texas Land Fund No. 4, L.P. by
Correction General Warranty Deed recorded under Clerk's File No.
20060281750 of the Harris County Official Public Records of Real
Property; said 98.68 acre tract being more particularly described
as follows with all bearings based on a call of North 8941'54" East
along the north line of a called 418.8430 acre tract of land (Tract
I) conveyed to JM Texas Land Fund No. 4, L.P. by Correction General
Warranty Deed recorded under Clerk's File No. 20060281750 of the
Harris County Official Public Records of Real Property;
COMMENCING at the southeast corner of said called 418.8430
acre tract, being the southeast corner of the Isaac Ratcliff
Survey, Abstract No. 664 and an interior corner of the H. Ehrenberg
Survey, Abstract No. 247;
THENCE, along the south line of said Isaac Ratcliff Survey
and a north line of said H. Ehrenberg Survey, the following three
(3) courses and distances:
1. South 8958'59" West, 3754.53 feet to an angle point;
2. North 8909'44" West, 1391.57 feet to a point at the
southwest corner of the aforementioned called 418.8430 acre tract;
3. North 8942'43" West, 150.00 feet to a point in the west
line of said Isaac Ratcliff Survey, and the east line of the
aforementioned John Devine Survey;
THENCE, North 8942'43" West, along the south line of said
John Devine Survey and the north line of said H. Ehrenberg Survey,
330.00 feet to a point being the southeast corner of a called
20.3175 acre tract of land (Tract II) conveyed to JM Texas Land Fund
No. 4, L.P. by Correction General Warranty Deed recorded under
Clerk's File No. 20060281750 of the Harris County Official Public
Records of Real Property;
THENCE, North 8938'27" West, continuing along the south line
of said John Devine Survey, 650.00 feet to a northwesterly corner of
said H. Ehrenberg Survey and the northeast corner of the R. Hall
Survey, Abstract No. 349, continuing in all, a total distance of
660.00 feet to a point being the southwest corner of said called
20.3175 acre tract;
THENCE, North 8938'27" West, 330.00 feet to the POINT OF
BEGINNING of the herein described 98.68 acre tract;
THENCE, North 8938'27" West, continuing along the south line
of the said John Devine Survey and the north line of the said R. Hall
Survey, 3312.53 feet to a point for corner;
THENCE, North 0012'43" East, 732.60 feet to a point for
corner;
THENCE, South 8938'28" East, 271.60 feet to a point for
corner;
THENCE, North 0014'06" East, 500.00 feet to a point for
corner;
THENCE, North 8938'48" West, 871.20 feet to a point for
corner in the east right of way line of Warren Ranch Road;
THENCE, North 0022'19" East, along said east right of way
line of Warren Ranch Road, 74.21 feet to a point for corner;
THENCE, North 8955'49" East, 3917.53 feet to a point for
corner;
THENCE, South 0027'35" West, 1336.05 feet to the POINT OF
BEGINNING, CONTAINING 98.68 acres of land in Harris County, Texas,
as shown on Drawing No. 6165 in the office of Cotton Surveying
Company in Houston, Texas.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.