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S.B. No. 1884
AN ACT
relating to the creation of the Harris County Municipal Utility
District No. 460; providing authority to impose a tax and issue
bonds; granting the 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 8124 to read as follows:
CHAPTER 8124. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT
NO. 460
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8124.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Harris County Municipal
Utility District No. 460.
Sec. 8124.002. NATURE OF DISTRICT. The district is a
municipal utility district in Harris County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution.
Sec. 8124.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8124.023 before September 1, 2007:
(1) the district is dissolved September 1, 2007,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Harris County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2010.
Sec. 8124.004. 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:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes;
(3) the validity of the district's bonds, notes, or
indebtedness; or
(4) the legality or operation of the district or the
board.
[Sections 8124.005-8124.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8124.021. TEMPORARY DIRECTORS. (a) On or after
September 1, 2005, a person who owns land 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.
(b) The commission shall appoint as temporary directors the
five persons named in the first petition received by the commission
under Subsection (a).
(c) If a temporary director fails to qualify for office, the
commission shall appoint a person to fill the vacancy.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
8124.023; or
(2) the date this chapter expires under Section
8124.003.
Sec. 8124.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, the
temporary directors shall meet at a location in the district
agreeable to a majority of the directors. If a location cannot be
agreed upon, the meeting shall be at the Harris County Courthouse.
At the meeting, the temporary directors shall elect officers from
among the temporary directors and conduct any other district
business.
Sec. 8124.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. The temporary directors shall hold an election to
confirm the creation of the district and to elect five directors as
provided by Section 49.102, Water Code.
Sec. 8124.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8124.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8124.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8124.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8124.026-8124.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8124.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8124.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8124.053-8124.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8124.101. 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. 8124.102. ROAD PROJECTS. (a) To the extent
authorized by Section 52, Article III, Texas Constitution, the
district may construct, acquire, improve, maintain, or operate
macadamized, graveled, or paved roads or turnpikes, or improvements
in aid of those roads or turnpikes, inside the district.
(b) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulatory
ordinances of the municipality or county in whose jurisdiction the
district is located.
(c) The district may not undertake a road project unless
each municipality or county in whose jurisdiction the district is
located consents by ordinance or resolution.
Sec. 8124.103. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
54.016, Water Code, the district shall comply with all applicable
requirements of any ordinance or resolution adopted by the city
council of the City of Houston, including an ordinance or
resolution adopted before September 1, 2005, that consents to the
creation of the district or to the inclusion of lands within the
district.
Sec. 8124.104. LIMITATION ON USE OF EMINENT DOMAIN. The
district may exercise the power of eminent domain outside the
district only to acquire an easement necessary for a pipeline that
serves the district.
[Sections 8124.105-8124.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8124.151. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of or interest on bonds issued under
Section 8124.201.
[Sections 8124.152-8124.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8124.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) The district may issue bonds or other
obligations as provided by Chapters 49 and 54, Water Code, to
finance the construction, maintenance, or operation of projects
under Sections 8124.101 and 8124.102.
(b) The district may not issue bonds to finance projects
authorized by Section 8124.102 unless the issuance is approved by a
vote of a two-thirds majority of the voters of the district voting
at an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8124.102 may not exceed one-fourth
of the assessed value of the real property in the district.
(d) Sections 49.181 and 49.182, Water Code, do not apply to
a project undertaken by the district under Section 8124.102 or to
bonds issued by the district to finance the project.
SECTION 2. The Harris County Municipal Utility District No.
460 initially includes all the territory contained in the following
area:
TRACT I:
BEING all of Lot 191 of Minnetex Place an addition in Harris
County, Texas according to the map or plat thereof recorded at
Volume 2, Page 57 of the Harris County Map Records (HCMR) situated
in the William J. Lovett Survey, Abstract No. 526;
BEGINNING at the northwest corner of Lot 191 in the south line
of Fuqua Street same being the northwest corner of Lot 192;
THENCE West along the south line of Fuqua Street, 655 feet
(Volume 2 Page 57 HCMR) to a point for the northeast corner of said
Lot 191 in the West right-of-way line of Myakawa Road;
THENCE 15° 20' E, 810.5 feet (calculated) along the west
right-of-way line of Myakawa Road to a point for the southeast
corner of this tract same being the northeast corner of Lot 255;
THENCE West 869.4 feet (Volume 2, Page 57 HCMR) along the
north line of Lots 255 and 254 to a point for the southwest corner of
Lot 191 same being the southeast corner of Lot 192;
THENCE North 781.6 feet (Volume 2, Page 57 HCMR) along the
common line of Lot 191 and 192 to PLACE OF BEGINNING and containing
14.08 acres of land.
TRACT II:
The East one-half of Block 192 of Minnetex Place Subdivision
as shown in Volume 2, Page 27, of the Map Records of Harris County,
Texas.
BEGINNIING at a found iron rod for the Southeast corner of
said Block 192;
THENCE in a Northerly direction along the East line of said
Block 192 a distance of 780.30 feet to a found iron rod marking the
South line of Fuqua Street; and being a point for corner;
THENCE in a Westerly direction along the South line of Fuqua
Street; a distance of 270.60 feet to a point for corner;
THENCE in a Southerly direction along a line parallel to the
East line of said Block 192, a distance of 780.30 feet to a point for
corner, said point being on the South line of said Block 192;
THENCE in an Easterly direction along said line a distance of
270.60 feet to the Point of BEGINNING and containing 4.85 acres,
more or less.
TRACT III
BEING 6.500 acres of land out of and a part of Lot 192 and Lot
193 of Minnetex Place Subdivision, situated in the William J.
Lovett Abstract 526, according to the map or plat thereof record in
Volume 2, Page 57, Map Records, Harris County, Texas; said 6.500
acres more fully described as follows:
BEGINNING at a point in the centerline of Fuqua Road from
which a 5/8 inch iron rod set in the South line of Fuqua Road, lying
due West 81.18 feet and North 00° 33' 01" West, 0.98 feet from an old
iron pipe found on line between Lot 192 and said Lot 193;
THENCE due East with the centerline of Fuqua Road, at 81.18
feet pass the North common corner of Lots 192 and 193 from which an
old 1 1/2 inch iron pipe found bears South 00° 33' 01" East 25.00
feet, continuing in all a distance of 351.78 feet to a point for the
North common corner of the East one-half and the West one-half of
Lot 192;
THENCE South 00° 33' 01" East at 25.00 feet pass a 5/8 inch
iron rod set for reference in the South line of Fuqua Road,
continuing in all, a distance of 804.90 feet to a 5/8 inch iron rod
set for corner in the North line of Lot 253;
THENCE due West with the North line of Lot 253, at 269.97 feet
pass the South common corner of Lots 192 and 193 continuing in all,
a distance of 351.78 feet to a 5/8 inch iron rod set for corner, in
the North line of Lot 252;
THENCE North 00° 33' 01" West a distance of 804.90 feet to the
Place of Beginning containing 6.50 acres;
TRACT IV
BEING 6.500 acres of land out of and a part of Lot 193 of
Minnetex Place Subdivision, situated in the William J. Lovett
Survey Abstract 526, according to the map or plat thereof record in
Volume 2, Page 57, Map Records, Harris County, Texas; said 6.500
acres more fully described as follows:
BEGINNING at a point in the centerline of Fuqua Road from
which a 5/8 inch iron rod set in the South line of Fuqua Road, lying
due West 81.18 feet and North 00° 33' 01" West, 0.98 feet from an old
iron pipe found on line between Lot 192 and said Lot 193;
THENCE South 00° 33' 01" East a distance of 804.90 feet to a
5/8 inch iron rod set for corner in the North line of Lot 252;
THENCE due West with the North line of Lot 252, a distance of
351.78 feet to a 5/8 inch iron rod set for corner, from which a
railroad "X" tie for fence corner bears South 00° 33' 01" East, 23.62
feet;
THENCE North 00° 33' 01" West with the East line of a 2.000
acre tract, part of said Lot 193, at 779.90 feet pass a 5/8 inch iron
rod set for reference in the South line of Fuqua Road continuing in
all, a distance of 804.90 feet to a point for corner, in the
centerline of Fuqua Road; 5/8 inch iron rod set for corner in the
South line of Fuqua Road from which a chain link fence post bears
North 84° 34' 17" East, 6.9 feet and a railroad "X" tie for fence
corner post bears North 85° 41' 38" East, 8.9 feet;
THENCE due East with the centerline of Fuqua Road, a distance
of 351.78 feet to the Place of Beginning containing 6.500 acres.
TRACT V:
A tract or parcel of land containing 36.8116 acres of land
being all of lots 252, 253, 254, and 255 of Minnetex Place
Subdivision in the William J. Lovett Survey, Abstract 526 in Harris
County, Texas, according to the map or plat thereof recorded in
Volume 2, Page 57 of the Harris County Map Records, said 36.8116
acre tract of land being more particularly described by metes and
bounds as follows to-wit:
BEGINNING at a 5/8 inch iron rod set at the residual Southeast
corner of Lot 255 marking the intersection of the North
right-of-way line of Schurmier Road (50.00 ft. in width) and the
Southwesterly right-of-way line of Mykawa Road (60.00 ft. in width)
and the Southeast corner of the herein described 36.8116 acre
tract;
THENCE South 88 degrees 26 minutes 10 seconds West with the
North right-of-way line of Schurmier Road at a distance of 2162.38
ft. to a 5/8 inch iron rod set at the Southwest corner of the herein
described tract;
THENCE North 1 degree 22 minutes 58 seconds West with the
division line between Lots 251 and 252 and passing a 5/8 inch iron
rod at the Southeast corner of the William Shoff Estate tract at
2.19 ft. and following an old fence line a total distance of 779.59
ft. (called 779.9 ft.) to 1/2 inch iron rod found at a fence corner
marking the Northwest corner of Lot 252, the Northeast corner of Lot
251, the Southeast corner of Lot 194, and the Southwest corner of
Lot 193;
THENCE North 88 degrees 26 minutes 10 seconds East with the
division line between Lots 193 and 252, and 192 and 253, and 191 and
254 and 255 and with the South line of the Ada Sullivan tract and the
South line of the Texas A&M Development Foundation tracts a total
distance of 1952.78 ft. to a 5/8 inch iron rod marking the Northeast
corner of Lot 255 and the Southwest corner of Lot 191;
THENCE South 16 degrees 26 minutes 44 seconds East with the
Westerly right-of-way line of said Mykawa Road a distance of 806.48
ft. to the PLACE OF BEGINNING and containing 36.8116 acres of land.
TRACT VI
All that certain tract or parcel of land lying and being
situated in the County of Harris, State of Texas, in the W. J.
Lovett Survey, and described by metes and bounds as follows,
to-wit:
BEGINNING at the Northeast corner of the tract which is South
13 deg. 25' East 60 feet from the Southeast corner of Block R of the
Townsite of Mykawa, Texas, for description of which reference is
hereby made to Volume 2, Page 57, of the Map Records of Harris
County, Texas;
THENCE North 88 deg. 31' West 1507.1 feet to the Northwest
corner of this tract;
THENCE South 1 deg. 29' West 1554.7 feet to the Southwest
corner of this tract;
THENCE South 88 deg. 31' East 1920.8 feet to the West edge of
Mykawa and Pearland Road for the Southeast corner of this tract;
THENCE North 13 deg. 25' West 1615 feet to the place of
beginning, containing 61.1 acres of land, and being the same
property conveyed to E. G. Siadous by Peter Martin, et al, by Deed
dated February 1, 1928, recorded in Volume 734, Page 606 of the Deed
Records of Harris County, 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 September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1884 passed the Senate on
May 9, 2005, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 23, 2005, by a viva-voce
vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1884 passed the House, with
amendment, on May 20, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor