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S.B. No. 1888
AN ACT
relating to the creation of the Harris County Municipal Utility
District No. 465; 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 8157 to read as follows:
CHAPTER 8157. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT
NO. 465
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8157.001. 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. 465.
Sec. 8157.002. NATURE OF DISTRICT. The district is a
municipal utility district in Harris County created under and
essential to accomplish the purposes of Section 52, Article III,
and Section 59, Article XVI, Texas Constitution.
Sec. 8157.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8157.023 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. 8157.004. 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; or
(3) the legality or operation of the board.
[Sections 8157.005-8157.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8157.021. 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 to
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
8157.023; or
(2) the date this chapter expires under Section
8157.003.
Sec. 8157.022. 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. 8157.023. 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. 8157.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8157.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8157.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8157.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8157.026-8157.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8157.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8157.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8157.053-8157.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8157.101. 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. 8157.102. ROAD PROJECTS. 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 or outside the district.
Sec. 8157.103. 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.
[Sections 8157.104-8157.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8157.151. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of or interest on bonds issued under
Section 8157.201.
[Sections 8157.152-8157.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8157.201. 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 8157.101 and 8157.102.
(b) The district may not issue bonds to finance projects
authorized by Section 8157.102 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 8157.102 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 8157.102 or to
bonds issued by the district to finance the project.
SECTION 2. The Harris County Municipal Utility District No.
465 initially includes all the territory contained in the following
area:
TRACT I:
FIELD NOTES FOR A 315.38 ACRE TRACT OF LAND, 156.84 ACRES OUT OF THE
W.B. MACOMER SURVEY, ABSTRACT 1528, BEING THE SOUTHWEST ¼ OF
SECTION 76, BLOCK 2 OF THE H. & T. C. R.R. COMPANY SURVEY AND 158.54
ACRES OUT OF THE A. E. SPENCER SURVEY, ABSTRACT 1365, BEING THE
NORTHWEST ¼ OF SECTION 76, BLOCK 2 OF THE H. & T. C. R.R. COMPANY
SURVEY, HARRIS COUNTY, TEXAS.
BEGINNING at 1-1/4 inch Iron Pipe found on the North line of F. M.
Highway 529, said point being the Southeast corner and Place of
Beginning of the herein described 315.38 Acre Tract, said point
being located West 2639.44 feet and North 52 feet from the Southeast
corner of the H. & T. C. R.R. Company Survey, Section 76;
THENCE North along the East line of the W. B. Macomer Survey being a
part of the aforementioned H. & T. C. R.R. Company Survey Section
76, at 2588 feet pass a 5/8 inch Iron Rod set on said line at the
Northeast corner of the aforementioned W. B. Macomer Survey, same
being in the South line of the A. E. Spencer Survey, and continuing
for a total distance of 5204 feet to a 1-1/4 inch Iron Pipe set on
the South line of Longenbaugh Road for the Northeast corner of the
herein described 315.58 Acre Tract;
THENCE West along the South line of Longenbaugh Road, 2640 feet to a
1-1/4 inch Iron Pipe set in the West line of the H. & T. C. R.R.
Company Survey Section 76 for the Northwest corner of the herein
described 315.38 Acre Tract;
THENCE South along the West line of said Section 76, at 2616 feet
pass the Southwest corner of the A.E. Spencer Survey, being a part
of the aforementioned Section 76, same being the Northwest corner
of the W. B. Macomer Survey, being a part of the aforementioned
Section 76, and continuing for a total distance of 3204 feet to a
1-1/4 inch Iron Pipe set in the South line of F.M. Highway 529 for
the Southwest corner of the herein described 315.38 Acre Tract;
THENCE East along the South line of said F.M. Highway 529, 2640 feet
to the Place of BEGINNING and containing 315.38 acres of land.
TRACT II:
FIELD NOTES FOR A 19.768 ACRE TRACT OF LAND, BEING 9.77 ACRES OUT OF
THE C. BREEDING SURVEY, ABSTRACT 1467, AND 9.998 ACRES OUT OF THE L.
BREEDING SURVEY, ABSTRACT 1468, AND BEING IN THE SOUTHEAST ¼ OF
SECTION 76, BLOCK 2 OF THE H. & T. C. R.R. COMPANY SURVEY, HARRIS
COUNTY, TEXAS.
BEGINNING at a 3/4 inch Iron Pipe found on the West line of
Katy-Hockley Road at the Southeast corner and Place of Beginning of
the herein described 19.768 Acre Tract said point being located
North 1319.4 feet and West 30 feet from a Railroad Spike found at
the Southeast corner of Section 76 as located in the intersection of
F.M. Highway 529 and Katy-Hockley Road;
THENCE West along the common line of the L. Breeding Survey,
Abstract 1468, and the C. Breeding Survey, Abstract 1467, at
1289.44 feet pass the Southwest corner of the C. Breeding Survey,
same being a reentry corner to the L. Breeding Survey, and
continuing for a total distance of 2609.44 feet to a 1-1/4 inch Iron
Pipe found in the East line of the W. B. Macomer Survey for the
Southwest corner of the herein described 19.768 Acre Tract;
THENCE North along the East line of said W. B. Macomer Survey, same
being a West line of the L. Breeding Survey, 330 feet to a 5/8 inch
Iron Rod set on said line for the Northwest corner of the herein
described 19.768 Acre Tract;
THENCE East along a line establishing the North line of the herein
described 19.768 Acre Tract; 2609.44 feet to a 5/8 inch Iron Rod set
in the West line of Katy-Hockley Road for the Northeast corner of
the herein described 19.768 Acre Tract of land;
THENCE south along the West line of said Katy-Hockley Road, 330 feet
to the Place of BEGINNING and containing 19.768 acres of land.
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. 1888 passed the Senate on
May 12, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1888 passed the House on
May 25, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor