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S.B. No. 1889
AN ACT
relating to the creation of the Harris County Municipal Utility
District No. 464; 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 8158 to read as follows:
CHAPTER 8158. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT
NO. 464
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8158.001. 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. 464.
Sec. 8158.002. 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. 8158.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8158.023 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. 8158.004. 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 8158.005-8158.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8158.021. 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
8158.023; or
(2) the date this chapter expires under Section
8158.003.
Sec. 8158.022. 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. 8158.023. 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. 8158.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8158.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8158.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8158.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8158.026-8158.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8158.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8158.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8158.053-8158.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8158.101. 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. 8158.102. 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. 8158.103. 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 8158.104-8158.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8158.151. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of or interest on bonds issued under
Section 8158.201.
[Sections 8158.152-8158.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8158.201. 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 8158.101 and 8158.102.
(b) The district may not issue bonds to finance projects
authorized by Section 8158.102 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 8158.102 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 8158.102 or to
bonds issued by the district to finance the project.
SECTION 2. The Harris County Municipal Utility District No.
464 initially includes all the territory contained in the following
area:
TRACT 1:
FIELD NOTES FOR A 78.95 16 ACRE TRACT OF LAND BEING THE SOUTH 1/2 OF
THE SOUTHWEST 1/4 OF THE H. & T. C. RMLROAD COMPANY SURVEY SECTION
59 ABSTRACT 444, HARRIS COUNTY, TEXAS, SAID 78.95 16 ACRE TRACT
BEING THAT CERTAIN CALLED 80.2305 ACRES (TRACT 1) LYLE TALBERT
JORDAN, TRUSTEE OF THE LYLE TALBERT JORDAN NON GST TRUST, MYRNA JEAN
JORDAN NAIL, TRUSTEE OF THE MYRNA JEAN JORDAN NAIL NON GST TRUSTEE
TRUST COUNTY CLERK'S FILE NO. U348230, OFFICIAL PUBLIC RECORDS OF
REAL PROPERTY, HARRIS COUNTY, TEXAS, THE BASE BEARING OF THE HEREIN
DESCR1BED TRACT IS THE SOUTH LINE OF THE EAST 1/2 OF THE
AFOREMENTIONED H & T. C. RAILROAD COMPANY SURVEY, SECTION 59,
ABSTRACT 444, SAID BEARING BEING EAST.
BEGINNING at a 1 inch iron rod found at the southeast corner of the
south 1/2 of the southwest 1/4 of said Section 59 for the southeast
corner Place of Beginning of the herein described 78.9516 acre
tract of land, said point also being a southwest corner of the west
1/2 of said Section 59, same being the northwest corner of the
adjoining (tract 2) of the Lyle Talbert Jordan Trustee of the Lyle
Talbert Jordan Non GST Trust, the Myrna Jean Jordan Nail Trustee of
the Myrna Than Jordan Nail Non GST Trust, County Clerk's File
U348230, Official Public Records of Real Property, Harris County,
Texas, said point also being the northeast corner of the adjoining
Dennis Donahue and wife, Pauline Donahue called 78 acre tract
recorded in County Clerk's File No. P-955853, Official Public
Records of Real Property, Harris County, Texas;
THENCE South 89 degrees 58 minutes 50 seconds West along the south
line of the herein described tract being a north line of the
aforementioned adjoining called 78 acre tract and a north line of
the adjoining Melvin Jordan (called 14 acre tract) recorded in
Volume 2936, Page 109, Deed Records, Harris County, Texas, for a
distance of 2,601.80 feet to a 5/8 inch iron rod with cap marked
"Kalkomey Surveying" set on the existing east margin of Katy
Hockley Cut-Off Road for the southwest corner of the herein
described tract being on the north line of the aforementioned
Melvin Jordan called 14 acre tact;
THENCE North 00 degrees 07 minutes 58 seconds West along the
existing fenced east line of Katy Hockley Cut-Off Road for a
distance of 1,321.97 feet to a 5/8 inch iron rod with cap marked
"Kalkorney Surveying" set on said line for the northwest corner of
the herein described tact, same being on the south line of the
adjoining Hidden Forest Estate Subdivision recorded in Volume 410,
Page 35, Harris County Map Records;
THENCE North 89 degrees 58 minutes 50 seconds East along the common
line of the herein described tract and the aforementioned adjoining
Hidden Forest Estates Subdivision, at 641.39 feet pass a 5/8 inch
iron rode at 848.22 feet pass a 5/8 inch iron rod, at 0.22 feet
North, at 1058.40 feet pass a 5/8 inch. iron rod, 0.25 feet North,
at 1,268.51 feet pass a 5/8 inch iron rod, 0.34 North and 1,478.41
feet pass a 5/8 inch iron rod, 0.27 feet North, at 1,688.36 feet
pass a 5/8 inch iron rod, 0.16 feet North, at 1,898.37 feet pass a
5/8 inch iron rod, 0.19 North, at 2,108.32 feet pass a 5/8 inch iron
rod, 0.18 feet North and continuing for a total distance of 2,604.73
feet to a 1-1/4 inch iron pipe found for the northeast corner of the
herein described tract being the southeast corner of the
aforementioned Hidden Forest Estates Subdivision and being in the
west line of the adjoining 156.6146 acre tract (County Clerk's File
No. W-871836, Official Public Records of Real Property, Harris
County, Texas);
THENCE South 00 degrees 00 minutes 21 seconds East along the east
line of the herein described tract and the west line of the
aforementioned 156.6 146 acre tract, for a distance of 1,320.20
feet to the Place of Beginning and containing 78.9516 acres of land,
more or less, of which 1.7719 acres lie within the limits of a
30-foot wide easement along the south line of the herein described
tract (Beckendorff Road) leaving a net acreage of 77.1597 acres of
land, more or less.
TRACT 2:
FIELD NOTES FOR A 156.6146 ACRE TRACT OF LAND BEING THE SOUTHWEST
1/4 AND THE NORThWEST `/4 OF THE EAST `/ OF THE H. & T. C. RAILROAD
COMPANY SURVEY, SECTION 59, ABSTRACT 444, AND BEING THAT CERTAIN
CALLED 159.736 ACRE TRACT IN DEED TO JDP/EHP, ET. LP., A TEXAS
LIMITED PARTNERSHIIP, RECORDED IN COUNTY CLERK'S FILE NO. W871836,
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, HARRIS COUNTY, TEXAS, THE
BASE BEARING FOR THE HEREIN DESCRIBED TRACT IS THE SOUTH LINE OF
SAID SECTION 59 AND SAID BEARING BEING EAST.
BEGINNING at a 1 inch iron rod found at the southwest corner of the
east 1/2 of the aforementioned Section 59 for the southwest corner
and Place of Beginning of the herein described 156.6 146 acre tract
of land, same being the southeast corner of the west 14 of said
Section 59, said corner also being the southeast corner of a called
80,2305 acre tract (Tract 1) Lyle Talbert Jordan, Trustee of the
Lyle Talbert Non GST Trust, and Myrna Jean Jordan Nail, Trustee of
the Myrna Jean Jordan Nail, Non GST Trust and being of record in
County Clerk's File No. U348230, Official Records of Real Property,
Harris County, Texas, said point also being the northeast corner of
the adjoining Dennis O. Donahue and wife, Pauline O. Donahue called
78 acre tract recorded in County Clerk's File No. P-955853,
Official Public Records of Real Property, Harris County, Texas and
the northwest corner of the adjoining 160.00 acre tract (Tract 2)
Lyle Talbert Jordan, Trustee of the Lyle Talbert Jordan Non GST
Trust, Myrna Jean Jordan Nail Trustee of the Myrna Jean Jordan Nail
Non GST Trust County Clerk's File No. U348230, Official Public
Records of Real Property, Harris County, Texas;
THENCE North 00 degrees 00 minutes 21 seconds West along the west
line of the herein described tract being the east line of the
aforementioned adjoining called 80.2305 acre tract, 1,320.20 feet
to a 1-1/4 iron pipe found on said line being the northeast corner
of the aforementioned adjoining 80.2305 acre tract and being a
southeast corner of the Hidden Forest Estates Subdivision recorded
in Volume 410, Page 35, Harris County Map Records;
THENCE North 00 degrees 01 minute 59 seconds East continuing along
the west line of the herein described tract being the east line of
the aforementioned Hidden Forest Estate Subdivision, 1,319.86 feet
to a 1-1/4 iron pipe found at the northeast corner of said
subdivision for an angle point, same being the southeast corner of
the adjoining Jawad N. Alsheikh called 54.245 acre tract recorded
in County Clerk's File No. J-047965, Official Public Records, of
Real Property, Harris County, Texas;
THENCE North 00 degrees 18 minutes 55 seconds West continuing along
the west line of the herein described tract being an east line of
the aforementioned adjoining called 54.245 acre tract, at 875 feet
pass a fence corner post (7.8 feet east) being the north line of the
aforementioned adjoining 54.245 acre tract and the south line of
the adjoining David Gerber, Trustee No. 2 called 100.00 acre tract
recorded under County Clerk's File No. H541658, Official Public
Records of Real Property, Harris County, Texas, and continuing
along the common line of the herein described tract and the
aforementioned adjoining called 100.00 acre tract, a total distance
of 2,588.27 feet to a 5/8 inch iron rod found on said line at its
point of intersection with the south right-of-way line of F.M
Highway 529 (120 foot right-of-way);
THENCE South 89 degrees 36 minutes 38 seconds East along the
southerly right-of-way line of F.M. Highway 529 being the northerly
line of the herein described tract, 1,306.22 feet to a 5/8 inch iron
rod found on said line for the northeast corner of the herein
described tract, same being a northwest corner of the adjoining
Akram A. Muihtaha called 158.039 acre tract recorded in County
Clerk's File No. W-268492, Official Public Records of Real
Property, Harris County, Texas;
THENCE South 00 degrees 13 minutes 28 seconds East (called South 00
degrees 36 minutes 25 seconds East) at 5,189.43 feet pass a 5/8 inch
iron rod with cap marked "Kalkomey Surveying" set on said line being
the north margin of a 30-foot wide easement and continuing, for a
total distance of 5,219.46 feet to a 5/8 inch iron rod, with cap
marked "Kalkomey Surveying" set for the southeast corner of the
herein described 156.6 146 acre tract of land, same being on the
common line of the aforementioned H. & T. C. Railroad Company
Section 59 and the adjoining W. M. Salyars Survey, Abstract 1532,
Harris County, Texas;
THENCE West along the south line of the herein described tract being
the north line of the aforementioned adjoining called 160.00 acre
tract and the common, line of the H. & T. C. Railroad Company
Survey, Section 59 and the adjoining W. M. Salyars Survey, Abstract
1532 (called South 89 degrees 26 minutes 49 seconds West, 1,313.02
feet) for a distance of 1,313.03 feet to the Place of Beginning and
containing 156.6146 acres of land, more or less, of which 0.9043
acres lie within the limits of a 30-foot wide easement along the
south line of said 156.6146 acre tract (Beckendorff Road) leaving a
net acreage of 155.7103 acres of land, more or less.
TRACT 3:
FIELD NOTES FOR A 160.0000 ACRE TRACT OF LAND IN THE W. M. SALYARS
SURVEY, ABSTRACT 1532, HARRIS COUNTY, TEXAS, BEING THE EAST 1/4 OF
THE H. & T. C. RAILROAD COMPANY SURVEY, SECTION 60 (TRACT 2) LYLE
TALBERT JORDAN, TRUSTEE OF THE LYLE TAIJBERT JORDAN NON GST TRUST,
MYRNA JEAN JORDAN NAIL, TRUSTEE OF THE MYRNA JEAN JORDAN NAIL NON
GST TRUST, RECORDED IN COUNTY CLERK'S FILE NO. U348230, OFFICIAL
PUBLIC RECORDS OF REAL PROPERTY, HARRIS COUNTY, TEXAS, THE BASE
BEARING FOR THE HEREIN DESCRIBED TRACT IS THE NORTH LINE OF SAID
160.0000 ACRE TRACT BEING THE NORTH LINE OF THE AFOREMENTIONED W. M.
SALYARS SURVEY, ABSTRACT 1532, SAME BEING A SOUTH LINE OF THE
ADJOINING H. & T. C. RAILROAD COMPANY SURVEY, SECTION 59, ABSTRACT
444, SAID BEARING BEING EAST.
BEGINNING at a 1 inch iron rod found at the northwest corner of the
aforementioned W. M. Salyars Survey, Abstract 1532, for the
northwest corner and Place of Beginning of the herein described
160.0000 acre tract of land, same being a northeast corner of the
adjoining Dennis Donahue and wife, Pauline Donahue called 78 acre
tract recorded in County Clerk's File No. P-955853, Official Public
Records of Real Property, Harris County, Texas, same being a
southeast corner of the adjoining 78.9516 acre tract, Lyle Talbert
Jordan, Trustee of the Lyle Talbert Jordan Non GST Trust, Myrna Jean
Jordan Nail, Trustee of the Myrna Jean Jordan Nail Non GST Trust,
said point also being a southwest corner of the west 1/2 of said
Section 59, same being a southwest corner of the adjoining 156.6146
acre tract, JDP/EHP, ET. LP. a Texas Limited Partnership, recorded
in County Clerk's File W-871836, Official Public Records, Harris
County, Texas;
THENCE East along the north line of the herein described tract being
a south line of the aforementioned adjoining 156.6146 acre tract,
at 1,313.03 feet pass a 5/8 inch iron rod set on said line at the
southeast corner of the aforementioned adjoining 156.6146 acre
tract and continuing for a total distance of 2,639.75 feet to a 3/4
inch iron pipe found on said line for the northeast corner of the
herein described tract, same being a southeast corner of the
aforementioned H. & T. C. Railroad Company Survey, Section 59,
Abstract 444, said point also being a southwest corner of the
adjoining A.R Connell Survey, Abstract 1387, said point also being
a northwest corner of the H. & T. C. Railroad Company Section 47,
Abstract 440;
THENCE South 00 degrees 03 minutes 53 seconds East along the east
line of the herein described tract being the west line of the
aforementioned H. & T. C, Railroad Company Survey, Section 47,
Abstract 440, same being the west line of a called 73.8972 acre
tract recorded in County Clerk's File No, R 7108 Official Public
Records of Real Property, Harris County, Texas and a portion of the
west line of an adjoining called 84.6828 acre tract recorded in
County Clerk's File No. R789123, Official Public Records of Real
Property, Harris County, Texas for a distance of 2,640.00 feet to a
1-1/4 inch iron pipe found on said tine for the southeast corner of
the herein described tract, same being a northeast corner of an
adjoining called 160 acre tract recorded in Volume 7035, Page 410 &
Volume 857, Page 640, Deed Records, Harris County, Texas, and being
the southeast 1/4 of the H. & T. C. Railroad Company Survey, Section
60;
THENCE South 89 degrees 59 minutes 43 seconds West along the south
line of the herein described tract and the aforementioned adjoining
cal led 160.00 acre tract, 2,640.00 feet to a 1-1/4 iron pipe found
on said line for the southwest corner of the herein described
160.0000 acre tract of land, same being a northwest corner of the
aforementioned adjoining 160.00 acre tract, said point also being
the southeast corner of adjoining Farid Bakht Trustee, called 17.00
acre tract (Tract A), recorded in S1 47734, Official Public Records
of Real Property, Harris County, Texas;
THENCE North 00 degrees 03 minutes 36 seconds West along the west
line of the herein described tract being the cast line of the
aforementioned adjoining tract, at 280.54 feet pass a 1/2 inch iron
pipe found with cap 0.88 feet East, being the northeast corner of
the aforementioned adjoining called 17.00 acre tract, (Tract A) and
the southeast corner of the adjoining called 17 acre tract, (Tract
B) recorded in County Clerk's File No. S345743, Official Public
Records of Real Property, Harris County, Texas, at 560.78 feet pass
a 1/2 inch iron rod 1.35 feet east, being the northeast corner of
the aforementioned Tract B, same being the southeast corner of the
adjoining Tract C, recorded in County Clerk's File No. P006246,
Official Public Records of Real Property, Harris County, Texas, at
841.51 feet pass a 3/4 inch iron pipe being 2.2 feet east, being the
northeast corner of the aforementioned Tract C and the southeast
corner of Tract B recorded in County Clerk's File POO6244, Official
Public Records, Harris County, Texas, at 1,122.45 feet pass a 5/8
inch iron rod with cap marked "Kalkomey Surveying" set on said line
for the northeast corner of the aforementioned Tract D, same being a
southeast corner of the adjoining Dennis Donahue and wife, Pauline
Donahue called 78 acre tract recorded in County Clerk's File No.
P955853, Official Public Records, Harris County, Texas and
continuing for a total distance of 2,640.22 feet to the Place of
Beginning and containing 160.0000 acres of land, of which 1.8180
acres lie within the limits of a 30-foot wide easement adjoining the
north line of the herein described tract and 1.7974 acres lie within
the limits of a 30-foot wide strip of land along the east line of the
herein described tract leaving a net acreage of 156.3845 acres of
land, more or less.
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. 1889 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. 1889 passed the House on
May 25, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor