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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