H.B. No. 3982
 
 
 
 
AN ACT
  relating to the creation of the Harris County Municipal Utility
  District No. 494; 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 8214 to read as follows:
  CHAPTER 8214. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 494
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8214.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means Harris County Municipal Utility
  District No. 494.
         Sec. 8214.002.  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. 8214.003.  CONFIRMATION ELECTION REQUIRED. If the
  creation of the district is not confirmed at a confirmation
  election held under Section 8214.023 before September 1, 2011:
               (1)  the district is dissolved September 1, 2011,
  except that the district shall:
                     (A)  pay any debts incurred;
                     (B)  transfer to Harris County any assets that
  remain after the payment of debts; and
                     (C)  maintain the organization of the district
  until all debts are paid and remaining assets are transferred; and
               (2)  this chapter expires September 1, 2014.
         Sec. 8214.004.  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 8214.005-8214.020 reserved for expansion]
  SUBCHAPTER A-1. TEMPORARY PROVISIONS
         Sec. 8214.021.  TEMPORARY DIRECTORS.  (a) On or after
  September 1, 2007, 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
  8214.023; or
               (2)  the date this chapter expires under Section
  8214.003.
         Sec. 8214.022.  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.  At the meeting, the
  temporary directors shall elect officers from among the temporary
  directors and conduct any other district business.
         Sec. 8214.023.  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. 8214.024.  INITIAL ELECTED DIRECTORS; TERMS.  The
  directors elected under Section 8214.023 shall draw lots to
  determine which two shall serve until the first regularly scheduled
  election of directors and which three shall serve until the second
  regularly scheduled election of directors.
         Sec. 8214.025.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires September 1, 2014.
  [Sections 8214.026-8214.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8214.051.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of five directors.
         (b)  Directors serve staggered four-year terms.
  [Sections 8214.052-8214.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8214.101.  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. 8214.102.  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 regulations of
  each municipality in whose corporate limits or extraterritorial
  jurisdiction the district is located.  If the district is not
  located in the corporate limits or extraterritorial jurisdiction of
  a municipality, a road project must meet all applicable
  construction standards, zoning and subdivision requirements, and
  regulations of each county in which the district is located.
         (c)  The district may not undertake a road project unless
  each municipality in whose corporate limits or extraterritorial
  jurisdiction the district is located consents by resolution.
         Sec. 8214.103.  COMPLIANCE WITH MUNICIPAL ORDINANCES OR
  RESOLUTIONS. The district shall comply with all applicable
  requirements of any ordinance or resolution adopted by the
  governing body of the City of Houston.
         Sec. 8214.104.  EFFECT OF ANNEXATION BY CITY OF HOUSTON.  If,
  before the date of the confirmation election, the City of Houston
  annexes into its corporate limits all territory described by the
  Act creating this chapter, Section 43.075, Local Government Code,
  does not apply to the district.
  [Sections 8214.105-8214.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8214.151.  TAX TO REPAY BONDS. The district may impose
  a tax to pay the principal of or interest on bonds or other
  obligations issued under Section 8214.201.
         Sec. 8214.152.  UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
  ASSESSMENTS.  The district may not impose an impact fee or
  assessment on the property, including the equipment,
  rights-of-way, facilities, or improvements, of:
               (1)  an electric utility or a power generation company
  as defined by Section 31.002, Utilities Code;
               (2)  a gas utility as defined by Section 101.003 or
  121.001, Utilities Code;
               (3)  a telecommunications provider as defined by
  Section 51.002, Utilities Code; or
               (4)  a person who provides to the public cable
  television or advanced telecommunications services.
  [Sections 8214.153-8214.200 reserved for expansion]
  SUBCHAPTER E.  BONDS
         Sec. 8214.201.  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 a project under Section
  8214.101 or 8214.102.
         (b)  The district may not issue bonds or other obligations to
  finance projects authorized by Section 8214.102 unless the issuance
  is approved by a vote of a two-thirds majority of the district
  voters voting at an election called for that purpose.
         (c)  Bonds or other obligations issued or incurred to finance
  projects authorized by Section 8214.102 may not exceed one-fourth
  of the assessed value of the real property in the district.
         SECTION 2.  The Harris County Municipal Utility District No.
  494 includes all the territory contained in the following area:
  TRACT ONE:
  Being a 267.01 acre (11,630,986 square feet) parcel situated in the
  David Harris Survey, A-26, Harris County, Texas, being all of a
  called 165.928 acre tract conveyed to Frank J. Dimara, Victor M.
  Manon, Ursula Quentel, and James S. Henson, Jr. by Special Warranty
  Deed with Vendor's Lien by Clerk's File No. S740603 of the Harris
  County Official Public Records of Real Property, said parcel being
  more particularly described by metes and bounds as follows with all
  bearings based on Texas State Plane South Central Zone;
  BEGINNING, at a 3/8-inch iron rod found in the southeasterly right
  of way line of the B.S.L. & W. Railroad, in the north line of a tract
  described as the "Second Tract" by Deed recorded under Clerk's File
  No. F946397 of the Harris County Official Public Records of Real
  Property, for the southwest corner of said 165.928 acre tract and
  the herein described parcel beginning a curve to the right;
  THENCE, along the arc of said curve to the right having a radius of
  4699.74 feet, an arc length of 3187.30 feet, through a delta of
  38°51'26", and a chord bearing North 63°21'18" East, 3126.56 feet to
  a 5/8-inch iron rod set with cap (stamped "Montgomery and
  Associates") for a point in the south right of way line of said
  B.S.L. & W. Railroad, and the north line of said 165.928 acre tract
  and the herein described parcel;
  THENCE, North 82°47'01" East, 2073.06 feet along the south right of
  way line of said B.S.L. & W. Railroad, and the north line of said
  165.928 acre tract to a 5/8-inch iron rod set with cap (stamped
  "Montgomery and Associates") beginning a curve to the left;
  THENCE, along the arc of said curve to the left having a radius of
  4372.28 feet, an arc length of 1770.41 feet, through a delta of
  23°12'00", and a chord bearing North 71°11'01" East, 1758.34 feet to
  a 5/8-inch iron rod set with cap (stamped "Montgomery and
  Associates") for a point in south right of way line of said B.S.L. &
  W. Railroad, and the north line of said 165.928 acre tract and the
  herein described parcel;
  THENCE, North 59°35'01" East, 165.57 feet along the southeasterly
  right of way of said B.S.L. & W. Railroad, and the north line of said
  165.928 acre tract to a 5/8-inch iron rod set with cap (stamped
  "Montgomery and Associates") in the high bank of Lake Houston, for a
  northeasterly corner of the herein described parcel;
  THENCE, meandering along the high bank of said Lake Houston the
  following calls:
  South 33°27'43" East, a distance of 194.49 feet;
  South 31°19'07" East, a distance of 205.30 feet;
  South 04°32'51" East, a distance of 110.27 feet;
  South 29°02'57" West, a distance of 312.01 feet;
  South 17°21'54" West, a distance of 95.43 feet;
  South 60°33'31" West, a distance of 682.21 feet;
  South 33°36'35" West, a distance of 310.86 feet;
  South 41°26'46" West, a distance of 173.95 feet;
  South 37°04'07" West, a distance of 195.61 feet;
  South 66°51'30" West, a distance of 98.64 feet;
  South 78°44'55" West, a distance of 242.84 feet;
  South 78°30'34" West, a distance of 281.07 feet;
  South 80°48'27" West, a distance of 88.84 feet;
  South 68°02'21" West, a distance of 214.27 feet;
  South 40°00'15" West, a distance of 81.51 feet;
  South 21°39'56" West, a distance of 98.08 feet;
  South 03°46'20" East, a distance of 50.58 feet to a 5/8-inch iron rod
  set with cap (stamped "Montgomery and Associates") for the
  northeast corner of said "Second Tract", for the southeast corner
  of the herein described parcel;
  THENCE, along the west bank of Lake Houston and the east line of
  said 92.3892 acre tract the following courses and distances:
  South 26°44'05" West, 487.30 feet;
  South 67°10'29" West, 540.91 feet;
  South 83°01'25" West, 2363.77 feet to a point in the south line of
  the herein described parcel;
  THENCE, South 87°30'48" West, 1285.37 feet along the south line of
  the "Second Tract", and the north line of said 18.6469 acres to a
  point for an interior corner of the herein described parcel from
  which a 5/8-inch iron rod found bears South 01°54'32" West, 2.05
  feet;
  THENCE, South 02°25'06" East, 539.72 feet to a 5/8-inch iron rod
  found with cap in the north line of a called 5.161 acre tract
  conveyed to Mary Ellen Kindrick, Carol Ann Mills, Leslie Earl
  Meyer, Jr., Rose Lee Jenkins, James Earl Meyer, and Pamela Dawn
  Meadors by Correction Special Warranty Deed recorded under Clerk's
  File No. T872891 of the Harris County Official Public Records of
  Real Property, for the southeast corner of said 18.6469 acre tract,
  and the herein described parcel;
  THENCE, South 87°55'07" West, 1347.74 feet along the north line of
  said 5.161 acre tract, and the north line of a called 1.729 acre
  tract conveyed to Carol Mills by Warranty Deed recorded under
  Clerk's File No. W826336 of the Harris County Official Public
  Records of Real Property, to a point in a sand pit for a
  southwesterly corner of the herein described parcel;
  THENCE, South 35°24'58" West, 126.15 feet along the southerly line
  of said 18.6469 acre tract to a point in the north line of Houston
  Groves according to the map or plat thereof recorded under Volume 8,
  Page 51 of the Harris County Map Records, for a southwesterly corner
  of said 18.6469 acre tract, and the herein described parcel;
  THENCE, South 87°33'08" West, 164.31 feet along the north line of
  said Houston Groves, and the southerly line of said 18.6469 acre
  tract to a point in a sand pit, in the east right of way line of said
  B.S.L. & W. Railroad for the southwest corner of the herein
  described parcel;
  THENCE, North 40°05'56" East, 637.78 feet along the east right of
  way of said B.S.L. & W. Railroad to a 5/8-inch iron rod set with cap
  (stamped "Montgomery and Associates") for a northwesterly corner of
  the herein described parcel;
  THENCE, North 49°56'03" West, 100.00 feet along the easterly right
  of way line of said B.S.L. & W. Railroad to a 5/8-inch iron rod set
  with cap (stamped "Montgomery and Associates") for a northwesterly
  corner of the herein described parcel;
  THENCE, North 40°05'56" East, 125.52 feet along the easterly right
  of way line of said B.S.L. & W. Railroad to a found concrete
  monument, for the southwest corner of the aforementioned "second
  tract" and the northwest corner of the aforementioned 18.6469 acre
  tract;
  THENCE, North 40°05'56" East, 1117.65 feet along the southeasterly
  right of way line of said B.S.L. & W. Railroad, and the westerly
  line of the aforementioned 92.3892 acre tract to a 3/8-inch iron rod
  found for the northwest corner of said 92.3892 acre tract and the
  west line of the herein described parcel;
  THENCE, North 87 degrees 48 minutes 29 seconds East, 48.77 feet,
  along the north line of the aforementioned 92.3892 acre tract and
  the east line of the aforementioned B.S.L. & W. Railroad back to the
  POINT OF BEGINNING, CONTAINING 267.01 acres (11,630,986 square
  feet) of land in Montgomery County, Texas.
  TRACT TWO:
  Being a 53.04 acre (2,310,369 square feet) parcel situated in the
  David Harris Survey, A-26, Harris County, Texas, being all of a
  called 118.8737 acre tract referred to as the "First Tract"
  recorded under Clerk's File No. F946397 of the Harris County
  Official Public Records of Real Property, said parcel being more
  particularly described by metes and bounds as follows with all
  bearings based on Texas State Plane South Central Zone;
  BEGINNING, at a 5/8-inch iron rod found in the southeasterly right
  of way line of West Lake Houston Parkway (called 120 feet wide), for
  the southwest corner of the residue of a called 422.45 acre tract
  described in Deed recorded under Clerk's File No, R489964 of the
  Harris County Official Public Records of Real Property, for the
  northwest corner of said 118.8737 acre tract and the herein
  described parcel;
  THENCE, North 87°44'36" East, 2569.75 feet along the south line of
  said 422.45 acre tract, the south line of Walden on Lake Houston
  Phase 3, Sportsman's Village according to the plat recorded under
  Volume 315, Page 89 of the Harris County Map Records, and the north
  line of said 118.8737 acre tract to a 5/8-inch iron rod found in the
  northwesterly right of way line of the B.S.L. & W. Railroad Right of
  Way, for the northeast corner of said 118.8737 acre tract and the
  herein described parcel;
  THENCE, South 40°05'56" West, 490.10 feet along the northwesterly
  right of way of said B.S.L. & W. Railroad, and an easterly line of
  said 118.8737 acre tract to a 5/8-inch iron rod found for an angle
  point;
  THENCE, North 49°54'04" West, 50.00 feet along the northwesterly
  right of way of said B.S.L. & W. Railroad, and an easterly line of
  said 118.8737 acre tract to a 5/8-inch iron rod found for an angle
  point;
  THENCE, South 40°05'57" West, 680.00 feet along the northwesterly
  right of way of said B.S.L. & W. Railroad, and an easterly line of
  said 118.8737 acre tract to a 3/4-inch iron pipe found for the
  northeast corner of said 45.1184 acre tract, for the southeast
  corner of said 118.8737 acre tract and the herein described parcel;
  THENCE, South 87°39'43" West, 2981.27 feet along the north line of
  said 45.1184 acre tract, and the south line of said 118.8737 acre
  tract to a 5/8-inch iron rod found in the southeasterly right of way
  line of said West Lake Houston Parkway, for the northwest corner of
  said 45.1184 acre tract, and the southwest corner of said 118.8737
  acre tract and the herein described parcel, beginning a non-tangent
  curve to the right;
  THENCE, along the southeasterly right of way line of said West Lake
  Houston Parkway, and the westerly line of said 118.8737 acre tract,
  along the arc of said curve to the right with a radius of 2040.00
  feet, an arc length of 172.19 feet, through a delta of 04°50'10", and
  a chord bearing North 51°34'21" East, 172.14 feet to a 5/8-nch iron
  rod found;
  THENCE, North 53°59'26" East, 1320.40 feet along the southeasterly
  right of way line of said West Lake Houston Parkway, and the west
  line of said 118.8737 acre tract to the POINT OF BEGINNING,
  CONTAINING 53.04 acres (2,310,369 square feet) of land in 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, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3982 was passed by the House on May
  11, 2007, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3982 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor