80R14781 HLT-F

By: Dutton H.B. No. 3982

Substitute the following for H.B. No. 3982:

By: Puente C.S.H.B. No. 3982

A BILL TO BE ENTITLED

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.