Texas 2009 - 81st Regular

Texas House Bill HB1917 Compare Versions

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1	1	81R6408 SLB-F
2	2	By: Fletcher H.B. No. 1917
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Harris County Municipal Utility
8	8	District No. 478; providing authority to impose a tax and issue
9	9	bonds; granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8334 to read as follows:
13	13	CHAPTER 8334. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 478
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8334.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Harris County Municipal
19	19	Utility District No. 478.
20	20	Sec. 8334.002. NATURE OF DISTRICT. The district is a
21	21	municipal utility district created under Section 59, Article XVI,
22	22	Texas Constitution.
23	23	Sec. 8334.003. CONFIRMATION AND DIRECTORS' ELECTION
24	24	REQUIRED. The temporary directors shall hold an election to
25	25	confirm the creation of the district and to elect five permanent
26	26	directors as provided by Section 49.102, Water Code.
27	27	Sec. 8334.004. CONSENT OF MUNICIPALITY REQUIRED. The
28	28	temporary directors may not hold an election under Section 8334.003
29	29	until each municipality in whose corporate limits or
30	30	extraterritorial jurisdiction the district is located has
31	31	consented by ordinance or resolution to the creation of the
32	32	district and to the inclusion of land in the district.
33	33	Sec. 8334.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
34	34	The district is created to serve a public purpose and benefit.
35	35	(b) The district is created to accomplish the purposes of:
36	36	(1) a municipal utility district as provided by
37	37	general law and Section 59, Article XVI, Texas Constitution; and
38	38	(2) Section 52, Article III, Texas Constitution, that
39	39	relate to the construction, acquisition, or improvement of
40	40	macadamized, graveled, or paved roads described by Section 54.234,
41	41	Water Code, or improvements, including storm drainage, in aid of
42	42	those roads.
43	43	Sec. 8334.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act creating this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act creating this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	[Sections 8334.007-8334.050 reserved for expansion]
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8334.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 8334.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8334.052. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act creating this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the Texas Commission on
66	66	Environmental Quality requesting that the commission appoint as
67	67	temporary directors the five persons named in the petition. The
68	68	commission shall appoint as temporary directors the five persons
69	69	named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8334.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act creating this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8334.003 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8334.003; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	[Sections 8334.053-8334.100 reserved for expansion]
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 8334.101. GENERAL POWERS AND DUTIES. The district has
94	94	the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 8334.102. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 8334.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
102	102	Section 52, Article III, Texas Constitution, the district may
103	103	design, acquire, construct, finance, issue bonds for, improve, and
104	104	convey to this state, a county, or a municipality for operation and
105	105	maintenance macadamized, graveled, or paved roads described by
106	106	Section 54.234, Water Code, or improvements, including storm
107	107	drainage, in aid of those roads.
108	108	(b) The district may exercise the powers provided by this
109	109	section without submitting a petition to or obtaining approval from
110	110	the Texas Commission on Environmental Quality as required by
111	111	Section 54.234, Water Code.
112	112	Sec. 8334.104. APPROVAL OF ROAD PROJECT. (a) The district
113	113	may not undertake a road project authorized by Section 8334.103
114	114	unless:
115	115	(1) each municipality or county that will operate and
116	116	maintain the road has approved the plans and specifications of the
117	117	road project, if a municipality or county will operate and maintain
118	118	the road; or
119	119	(2) the Texas Transportation Commission has approved
120	120	the plans and specifications of the road project, if the state will
121	121	operate and maintain the road.
122	122	(b) Except as provided by Subsection (a), the district is
123	123	not required to obtain approval from the Texas Transportation
124	124	Commission to design, acquire, construct, finance, issue bonds for,
125	125	improve, or convey a road project.
126	126	Sec. 8334.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
127	127	OR RESOLUTION. The district shall comply with all applicable
128	128	requirements of any ordinance or resolution that is adopted under
129	129	Section 54.016 or 54.0165, Water Code, and that consents to the
130	130	creation of the district or to the inclusion of land in the
131	131	district.
132	132	Sec. 8334.106. LIMITATION ON USE OF EMINENT DOMAIN. The
133	133	district may not exercise the power of eminent domain outside the
134	134	district to acquire a site or easement for:
135	135	(1) a road project authorized by Section 8334.103; or
136	136	(2) a recreational facility as defined by Section
137	137	49.462, Water Code.
138	138	[Sections 8334.107-8334.150 reserved for expansion]
139	139	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
140	140	Sec. 8334.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
141	141	district may issue, without an election, bonds and other
142	142	obligations secured by:
143	143	(1) revenue other than ad valorem taxes; or
144	144	(2) contract payments described by Section 8334.153.
145	145	(b) The district must hold an election in the manner
146	146	provided by Chapters 49 and 54, Water Code, to obtain voter approval
147	147	before the district may impose an ad valorem tax or issue bonds
148	148	payable from ad valorem taxes.
149	149	(c) The district may not issue bonds payable from ad valorem
150	150	taxes to finance a road project unless the issuance is approved by a
151	151	vote of a two-thirds majority of the district voters voting at an
152	152	election held for that purpose.
153	153	Sec. 8334.152. OPERATION AND MAINTENANCE TAX. (a) If
154	154	authorized at an election held under Section 8334.151, the district
155	155	may impose an operation and maintenance tax on taxable property in
156	156	the district in accordance with Section 49.107, Water Code.
157	157	(b) The board shall determine the tax rate. The rate may not
158	158	exceed the rate approved at the election.
159	159	Sec. 8334.153. CONTRACT TAXES. (a) In accordance with
160	160	Section 49.108, Water Code, the district may impose a tax other than
161	161	an operation and maintenance tax and use the revenue derived from
162	162	the tax to make payments under a contract after the provisions of
163	163	the contract have been approved by a majority of the district voters
164	164	voting at an election held for that purpose.
165	165	(b) A contract approved by the district voters may contain a
166	166	provision stating that the contract may be modified or amended by
167	167	the board without further voter approval.
168	168	[Sections 8334.154-8334.200 reserved for expansion]
169	169	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
170	170	Sec. 8334.201. AUTHORITY TO ISSUE BONDS AND OTHER
171	171	OBLIGATIONS. The district may issue bonds or other obligations
172	172	payable wholly or partly from ad valorem taxes, impact fees,
173	173	revenue, contract payments, grants, or other district money, or any
174	174	combination of those sources, to pay for any authorized district
175	175	purpose.
176	176	Sec. 8334.202. TAXES FOR BONDS. At the time the district
177	177	issues bonds payable wholly or partly from ad valorem taxes, the
178	178	board shall provide for the annual imposition of a continuing
179	179	direct ad valorem tax, without limit as to rate or amount, while all
180	180	or part of the bonds are outstanding as required and in the manner
181	181	provided by Sections 54.601 and 54.602, Water Code.
182	182	Sec. 8334.203. BONDS FOR ROAD PROJECTS. At the time of
183	183	issuance, the total principal amount of bonds or other obligations
184	184	issued or incurred to finance road projects and payable from ad
185	185	valorem taxes may not exceed one-fourth of the assessed value of the
186	186	real property in the district.
187	187	SECTION 2. The Harris County Municipal Utility District No.
188	188	478 initially includes all the territory contained in the following
189	189	area:
190	190	A METES AND BOUNDS description of a certain 566.80 acres of
191	191	land situated in the John Devine Survey, Abstract No. 238 and the
192	192	Isaac Ratcliff Survey, Abstract No. 664, in Harris County, Texas;
193	193	said 566.80 acre tract being more particularly described in two
194	194	tracts as follows:
195	195	TRACT 1 468.12 Acres
196	196	Field Notes for a certain 468.12 acre tract of land situated
197	197	in the John Devine Survey, Abstract No. 238 and the Isaac Ratcliff
198	198	Survey, Abstract No. 664 in Harris County, Texas; said 468.12 acre
199	199	tract being comprised of the following: a called 418.8430 acre
200	200	tract of land, less 1.5133 Acres, (Tract I) conveyed to JM Texas
201	201	Land Fund No. 4, L.P. by Correction General Warranty Deed recorded
202	202	under Clerk's File No. 20060281750 of the Harris County Official
203	203	Public Records of Real Property, a called 2.000 acre tract of land
204	204	conveyed to JM Texas Land Fund No. 4, L.P. by General Warranty Deed
205	205	recorded under Clerk's File No. Z374015 of the Harris County
206	206	Official Public Records of Real Property, a called 18.275 acre
207	207	tract of land conveyed to JM Texas Land Fund No. 4, L.P. by General
208	208	Warranty Deed recorded under Clerk's File No. Z224911 of the Harris
209	209	County Official Public Records of Real Property, a called 10.200
210	210	acre tract of land conveyed to JM Texas Land Fund No. 4, L.P. by
211	211	Special Warranty Deed recorded under Clerk's File No. Z254218 of
212	212	the Harris County Official Public Records of Real Property, and a
213	213	called 20.3175 acre tract of land (Tract II) conveyed to JM Texas
214	214	Land Fund No. 4, L.P. by Correction General Warranty Deed recorded
215	215	under Clerk's File No. 20060281750 of the Harris County Official
216	216	Public Records of Real Property; said 468.12 acre tract being more
217	217	particularly described as follows with all bearings based on a call
218	218	of North 8941'54" East along the north line of said 418.8430 acre
219	219	tract;
220	220	BEGINNING at the southeast corner of said called 418.8430
221	221	acre tract, being the southeast corner of said Isaac Ratcliff
222	222	Survey and an interior corner of the H. Ehrenberg Survey, Abstract
223	223	No. 247;
224	224	THENCE, along the south line of said Isaac Ratcliff Survey
225	225	and a north line of said H. Ehrenberg Survey, the following three
226	226	(3) courses and distances:
227	227	1. South 8958'59" West, 3754.53 feet to an angle point;
228	228	2. North 8909'44" West, 1391.57 feet to a point at the
229	229	southwest corner of the aforementioned called 418.8430 acre tract,
230	230	and the southeast corner of the aforementioned called 18.275 acre
231	231	tract;
232	232	3. North 8942'43" West, 150.00 feet to a point in the west
233	233	line of said Isaac Ratcliff Survey, the east line of the
234	234	aforementioned John Devine Survey, the southwest corner of said
235	235	called 18.275 acre tract, and the southeast corner of the
236	236	aforementioned called 10.200 acre tract;
237	237	THENCE, North 8942'43" West, along the south line of said
238	238	John Devine Survey and a north line of said H. Ehrenberg Survey,
239	239	330.00 feet to a point at the southwest corner of said called 10.200
240	240	acre tract and the southeast corner of the aforementioned called
241	241	20.3175 acre tract of land;
242	242	THENCE, North 8938'27" West, continuing along the south line
243	243	of said John Devine Survey, 650.00 feet to a northwesterly corner of
244	244	said H. Ehrenberg Survey and the northeast corner of the R. Hall
245	245	Survey, Abstract No. 349, continuing in all, a total distance of
246	246	660.00 feet to a point for corner the southwest corner of the
247	247	aforementioned called 20.3175 acre tract and the southwest corner
248	248	of the herein described tract;
249	249	THENCE, North 0027'32" East, 1338.52 feet to a point for
250	250	corner at the northwest corner of said called 20.3175 acre tract;
251	251	THENCE, North 8955'49" East, 660.00 feet to a point for
252	252	corner at the northeast corner of said called 20.3175 acre tract
253	253	being in the west line of the aforementioned called 10.200 acre
254	254	tract;
255	255	THENCE, North 0027'28" East, along the west line of said
256	256	called 10.200 acre tract, 2.93 feet to a point for corner;
257	257	THENCE, South 8942'43" East, 330.00 feet to a point for
258	258	corner being the northeast corner of said called 10.200 acre tract
259	259	being in the east line of the aforementioned John Devine Survey;
260	260	THENCE, North 0027'28" East, along the east line of said John
261	261	Devine Survey, 3960.00 feet to a point for corner at the northwest
262	262	corner of the aforementioned called 18.275 acre tract being the
263	263	northeast corner of said John Devine Survey, the northwest corner
264	264	of the aforementioned Isaac Ratcliff Survey, the southeast corner
265	265	of the Stephen Jarboe Survey, Abstract No. 491, and the southwest
266	266	corner of the Moses Merritt Survey, Abstract No. 578
267	267	THENCE, South 8959'45" East, along the south line of said
268	268	Moses Merritt Survey and the north line of said Isaac Ratcliff
269	269	Survey, 150.03 feet to a point for corner being the northwest corner
270	270	of said 18.275 acre tract;
271	271	THENCE, South 0027'29" West, 1698.76 feet to a point for
272	272	corner being the northwest corner of the aforementioned called
273	273	418.8430 acre tract;
274	274	THENCE, North 8941'54" East, 5076.30 feet to a point for
275	275	corner in the west right-of-way line of Katy Hockley Road;
276	276	THENCE, South 0010'14" East, along the west right-of-way
277	277	line of Katy Hockley Road, 1406.32 feet to a point for corner;
278	278	THENCE, South 8949'46" West, 660.00 feet to a point for
279	279	corner;
280	280	THENCE, South 0010'14" East, 330.00 feet to a point for
281	281	corner;
282	282	THENCE, North 8949'46" East, 660.00 feet to a point for
283	283	corner in the west right-of-way line of Katy Hockley Road;
284	284	THENCE, South 0010'14" East, along the west right-of-way
285	285	line of Katy Hockley Road, 791.87 feet to a point for corner;
286	286	THENCE, South 8757'45" West, 267.93 feet to a point for
287	287	corner;
288	288	THENCE, South 0031'54" West, 48.05 feet to a point for
289	289	corner;
290	290	THENCE, South 8908'31" West, 110.16 feet to a point for
291	291	corner;
292	292	THENCE, South 0005'00" West, 127.00 feet to a point for
293	293	corner;
294	294	THENCE, South 8156'26" East, 19.49 feet to a point for
295	295	corner;
296	296	THENCE, South 0005'00" West, 61.00 feet to a point for
297	297	corner;
298	298	THENCE, South 8938'27" East, 390.09 feet to a point for
299	299	corner in the east line of the aforementioned Isaac Ratcliff Survey
300	300	and the northeast corner of the aforementioned 2.000 acre tract;
301	301	THENCE, South 0010'14" East, 873.64 feet to the POINT OF
302	302	BEGINNING, CONTAINING 468.12 acres of land in Harris County, Texas,
303	303	as shown on Drawing No. 6165 in the office of Cotton Surveying
304	304	Company in Houston, Texas.
305	305	TRACT 2 98.68 Acres
306	306	Field Notes for a certain 98.68 acre tract of land situated in
307	307	the John Devine Survey, Abstract No. 238 in Harris County, Texas;
308	308	said 98.68 acre tract being the same called 98.6751 acre tract of
309	309	land (Tract III) conveyed to JM Texas Land Fund No. 4, L.P. by
310	310	Correction General Warranty Deed recorded under Clerk's File No.
311	311	20060281750 of the Harris County Official Public Records of Real
312	312	Property; said 98.68 acre tract being more particularly described
313	313	as follows with all bearings based on a call of North 8941'54" East
314	314	along the north line of a called 418.8430 acre tract of land (Tract
315	315	I) conveyed to JM Texas Land Fund No. 4, L.P. by Correction General
316	316	Warranty Deed recorded under Clerk's File No. 20060281750 of the
317	317	Harris County Official Public Records of Real Property;
318	318	COMMENCING at the southeast corner of said called 418.8430
319	319	acre tract, being the southeast corner of the Isaac Ratcliff
320	320	Survey, Abstract No. 664 and an interior corner of the H. Ehrenberg
321	321	Survey, Abstract No. 247;
322	322	THENCE, along the south line of said Isaac Ratcliff Survey
323	323	and a north line of said H. Ehrenberg Survey, the following three
324	324	(3) courses and distances:
325	325	1. South 8958'59" West, 3754.53 feet to an angle point;
326	326	2. North 8909'44" West, 1391.57 feet to a point at the
327	327	southwest corner of the aforementioned called 418.8430 acre tract;
328	328	3. North 8942'43" West, 150.00 feet to a point in the west
329	329	line of said Isaac Ratcliff Survey, and the east line of the
330	330	aforementioned John Devine Survey;
331	331	THENCE, North 8942'43" West, along the south line of said
332	332	John Devine Survey and the north line of said H. Ehrenberg Survey,
333	333	330.00 feet to a point being the southeast corner of a called
334	334	20.3175 acre tract of land (Tract II) conveyed to JM Texas Land Fund
335	335	No. 4, L.P. by Correction General Warranty Deed recorded under
336	336	Clerk's File No. 20060281750 of the Harris County Official Public
337	337	Records of Real Property;
338	338	THENCE, North 8938'27" West, continuing along the south line
339	339	of said John Devine Survey, 650.00 feet to a northwesterly corner of
340	340	said H. Ehrenberg Survey and the northeast corner of the R. Hall
341	341	Survey, Abstract No. 349, continuing in all, a total distance of
342	342	660.00 feet to a point being the southwest corner of said called
343	343	20.3175 acre tract;
344	344	THENCE, North 8938'27" West, 330.00 feet to the POINT OF
345	345	BEGINNING of the herein described 98.68 acre tract;
346	346	THENCE, North 8938'27" West, continuing along the south line
347	347	of the said John Devine Survey and the north line of the said R. Hall
348	348	Survey, 3312.53 feet to a point for corner;
349	349	THENCE, North 0012'43" East, 732.60 feet to a point for
350	350	corner;
351	351	THENCE, South 8938'28" East, 271.60 feet to a point for
352	352	corner;
353	353	THENCE, North 0014'06" East, 500.00 feet to a point for
354	354	corner;
355	355	THENCE, North 8938'48" West, 871.20 feet to a point for
356	356	corner in the east right of way line of Warren Ranch Road;
357	357	THENCE, North 0022'19" East, along said east right of way
358	358	line of Warren Ranch Road, 74.21 feet to a point for corner;
359	359	THENCE, North 8955'49" East, 3917.53 feet to a point for
360	360	corner;
361	361	THENCE, South 0027'35" West, 1336.05 feet to the POINT OF
362	362	BEGINNING, CONTAINING 98.68 acres of land in Harris County, Texas,
363	363	as shown on Drawing No. 6165 in the office of Cotton Surveying
364	364	Company in Houston, Texas.
365	365	SECTION 3. (a) The legal notice of the intention to
366	366	introduce this Act, setting forth the general substance of this
367	367	Act, has been published as provided by law, and the notice and a
368	368	copy of this Act have been furnished to all persons, agencies,
369	369	officials, or entities to which they are required to be furnished
370	370	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
371	371	Government Code.
372	372	(b) The governor, one of the required recipients, has
373	373	submitted the notice and Act to the Texas Commission on
374	374	Environmental Quality.
375	375	(c) The Texas Commission on Environmental Quality has filed
376	376	its recommendations relating to this Act with the governor, the
377	377	lieutenant governor, and the speaker of the house of
378	378	representatives within the required time.
379	379	(d) All requirements of the constitution and laws of this
380	380	state and the rules and procedures of the legislature with respect
381	381	to the notice, introduction, and passage of this Act are fulfilled
382	382	and accomplished.
383	383	SECTION 4. This Act takes effect immediately if it receives
384	384	a vote of two-thirds of all the members elected to each house, as
385	385	provided by Section 39, Article III, Texas Constitution. If this
386	386	Act does not receive the vote necessary for immediate effect, this
387	387	Act takes effect September 1, 2009.