80R12325 HLT-D

By: Smith of Harris H.B. No. 4017

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Harris County Municipal Utility District No. 510; 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 8240 to read as follows: CHAPTER 8240. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 510 SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8240.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Director" means a board member.

(3) "District" means the Harris County Municipal Utility District No. 510.

Sec. 8240.002. 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. 8240.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8240.023 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. 8240.004. 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 8240.005-8240.020 reserved for expansion] SUBCHAPTER A-1. TEMPORARY PROVISIONS

Sec. 8240.021. 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 8240.023; or

(2) the date this chapter expires under Section 8240.003.

Sec. 8240.022. 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. 8240.023. 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. 8240.024. INITIAL ELECTED DIRECTORS; TERMS. The directors elected under Section 8240.023 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. 8240.025. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2014. [Sections 8240.026-8240.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8240.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five directors.

(b) Directors serve staggered four-year terms. [Sections 8240.052-8240.100 reserved for expansion] SUBCHAPTER C. POWERS AND DUTIES

Sec. 8240.101. 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. 8240.102. 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 the district is located.

Sec. 8240.103. DIVISION OF DISTRICT. (a) The district may be divided into two new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) The division procedure is prescribed by Sections 53.030 through 53.041, Water Code.

(c) Any new district created by the division of the district has all the powers and duties of the district.

(d) Any new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 2 of the Act creating this chapter.

Sec. 8240.104. COMPLIANCE WITH MUNICIPAL CONSENT RESOLUTIONS. The district shall comply with all applicable requirements of any ordinance or resolution adopted by the city council of the City of Baytown. [Sections 8240.105-8240.150 reserved for expansion] SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8240.151. 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 8240.201. [Sections 8240.152-8240.200 reserved for expansion] SUBCHAPTER E. BONDS

Sec. 8240.201. 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 8240.101 or 8240.102.

(b) The district may not issue bonds or other obligations to finance projects authorized by Section 8240.102 unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.

(c) Bonds or other obligations issued or incurred to finance projects authorized by Section 8240.102 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. 510 includes all the territory contained in the following area: TRACT 1 ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING 116.133 ACRES (5,058,773 SQUARE FEET) MORE OF LESS, BEING AN OVERALL DESCRIPTION OF TRACTS 1, 2, 3,4 AND 5 AS DESCRIBED IN WARRANTY DEED WITH VENDOR'S LIEN FROM VELMA, INC. TO GEORGE GILMAN, TRUSTEE, RECORDED UNDER COUNTY CLERK'S FILE NO. F592126 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, HARRIS COUNTY, TEXAS, SAID 116.133 ACRES BEING COMPILED FROM DESCRIPTIONS ONLY, NO FIELD SURVEYING HAS BEEN DONE, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 10, WITH THE WEST BOUNDARY LINE OF A 203 ACRE TRACT KNOWN AS TRACT 4 OF THE GEORGE ELLIS SURVEY, ABSTRACT NO.21; THENCE NORTH 10 DEGREES 30 MINUTES 10 SECONDS WEST A DISTANCE OF 2516.60 FEET; THENCE SOUTH 79 DEGREES 05 MINUTES 30 SECONDS WEST A DISTANCE OF 17.79 FEET; THENCE NORTH 10 DEGREES 54 MINUTES 30 SECONDS WEST A DISTANCE OF 687.30 FEET TO THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 79 DEGREES 23 MINUTES 30 SECONDS EAST 1238.32 FEET TO THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 10 DEGREES 54 MINUTES 30 SECONDS EAST A DISTANCE OF 2195.79 FEET TO AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 78 DEGREES 34 MINUTES 30 SECONDS EAST A DISTANCE OF 467.78 FEET TO A POINT IN THE WEST RIGHT-OF-WAY LINE OF A 60 FOOT WIDE ROAD; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID ROAD RIGHT-OF-WAY LINE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 85.00 FEET, A CENTRAL ANGLE OF 72 DEG. 55 MIN. 26 SEC., AN ARC LENGTH OF 108.18 FEET AND HAVING A CHORD BEARING AND DISTANCE OF SOUTH 64 DEGREES 59 MINUTES 26 SECONDS EAST, 101.03 FEET TO THE END OF SAID CURVE; THENCE NORTH 78 DEGREES 34 MINUTES 30 SECONDS EAST ALONG THE SOUTH LINE OF SAID ROAD RIGHT-OF-WAY LINE 846.20 FEET TO THE INTERSECTION OF THE SOUTH LINE OF SAID 60 FOOT WIDE ROAD WITH THE WEST RIGHT-OF-WAY LINE OF CEDAR-BAYOU-CROSBY ROAD (60 FEET WIDE); THENCE SOUTH 11 DEGREES 25 MINUTES 30 SECONDS EAST ALONG THE WEST LINE OF SAID CEDAR-BAYOU-CROSBY ROAD A DISTANCE OF 625.00 FEET; THENCE SOUTH 78 DEGREES 34 MINUTES 30 SECONDS WEST A DISTANCE OF 250.30 FEET; THENCE SOUTH 11 DEGREES 25 MINUTES 30 SECONDS EAST A DISTANCE OF 207.50 FEET TO THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 10; THENCE SOUTH 79 DEGREES 57 MINUTES 30 SECONDS WEST ALONG THE NORTH LINE OF INTERSTATE HIGHWAY NO. 10 A DISTANCE OF 217.50 TO AN ANGLE POINT; THENCE SOUTH 69 DEGREES 57 MINUTES 30 SECONDS WEST ALONG THE NORTH LINE OF INTERSTATE HIGHWAY NO. 10 A DISTANCE OF 103.66 TO THE BEGINNING OF A CURVE; THENCE IN A WESTERLY DIRECTION CONTINUING ALONG SAID HIGHWAY 10, WITH A CURVE TO THE LEFT HAVING A RADIUS OF 6092.77 FEET, A CENTRAL ANGLE OF 04 DEGREES 02 MINUTES 44 SECONDS, AN ARC LENGTH OF 430.21 FEET, HAVING A CHORD BEARING AND DISTANCE OF SOUTH 77 DEGREES 05 MINUTES 58 SECONDS WEST, 430.12 FEET TO THE END OF SAID CURVE; THENCE SOUTH 75 DEGREES 54 MINUTES 30 SECONDS WEST CONTINUING ALONG SAID HIGHWAY 10, A DISTANCE OF 1644.24 FEET TO THE PLACE OF BEGINNING AND CONTAINING 116.13 ACRES (5,058,773 SQUARE FEET) MORE OR LESS. SAID 116.133 ACRES BEING COMPILED FROM DESCRIPTIONS ONLY, NO FIELD SURVEYING HAS BEEN DONE. TRACT 2 ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING 455.708 ACRES (19,850,652 SQUARE FEET) MORE OF LESS, BEING AN OVERALL DESCRIPTION OF THE FOLLOWING FOUR TRACTS OF LAND, A CALLED 69.95 ACRE TRACT DESCRIBED IN GENERAL WARRANTY DEED RECORDED UNDER HARRIS COUNTY CLERK'S FILE NO. G061967, A CALLED 116.00 ACRE TRACT DESCRIBED GENERAL WARRANTY DEED RECORDED UNDER HARRIS COUNTY CLERK'S FILE NO. G061963, A CALLED 43.31 ACRE TRACT DESCRIBED IN SPECIAL WARRANTY DEED WITH VENDOR'S LEIN RECORDED UNDER HARRIS COUNTY CLERK'S FILE NO. T086062, AND A CALLED 226.453 ACRE TRACT DESCRIBED UNDER HARRIS COUNTY CLERK'S FILE NO. G350652 SAID 455.708 ACRES BEING COMPILED FROM DESCRIPTIONS ONLY, NO FIELD SURVEYING HAS BEEN DONE, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID 226.453 ACRE TRACT IN THE WEST RIGHT-OF-WAY LINE OF SJOLANDER ROAD AND BEING IN THE SOUTH LINE OF A SAN JACINTO RIVER AUTORITY CANAL; THENCE SOUTH 12 DEGREES 59 MINUTES 35 SECONDS EAST ALONG THE WEST LINE OF SAID SJOLANDER ROAD A DISTANCE OF 2680.36 FEET TO THE NORTHERLY SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, BEING THE NORTHEAST CORNER OF A CALLED 1.0 ACRE TRACT DESCRIBED IN VOLUME 3142, PAGE 30 HARRIS COUNTY DEED RECORDS; THENCE SOUTH 63 DEGREES 42 MINUTES 21 SECONDS WEST WITH THE NORTH LINE OF SAID 1.0 ACRE TRACT A DISTANCE OF 223.99 FEET TO THE NORTHWEST CORNER OF SAID 1.0 ACRE TRACT FOR A RE-ENTRANT CORNER OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 13 DEGREES 03 MINUTES 53 SECONDS EAST ALONG THE WEST LINE OF SAID 1.0 ACRE TRACT A DISTANCE OF 200.00 FEET TO THE SOUTHWEST CORNER OF SAID 1.0 ACRE TRACT AND THE SOUTHERLY SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, LYING IN THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 10 (WIDTH VARIES); THENCE SOUTH 63 DEGREES 41 MINUTES 07 SECONDS WEST ALONG THE NORTH LINE OF SAID INTERSTATE HIGHWAY 10 A DISTANCE OF 298.01 FEET TO THE BEGINNING OF A CURVE; THENCE IN AN WESTERLY DIRECTION CONTINUING ALONG THE NORTH LINE OF SAID INTERSTATE HIGHWAY 10 WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 5456.18 FEET, A CENTRAL ANGLE OF 10 DEGREES 17 MINUTES 23 SECONDS, AN ARC LENGTH OF 979.86 FEET, AND HAVING A CHORD BEARING AND DISTANCE OF SOUTH 77 DEGREES 08 MINUTES 38 SECONDS WEST, 978.54 FEET TO THE END OF SAID CURVE; THENCE SOUTH 82 DEGREES 17 MINUTES 19 SECONDS WEST ALONG THE NORTH LINE OF SAID INTERSTATE HIGHWAY 10 A DISTANCE OF 1858.84 FEET TO AN ANGLE POINT IN THE NORTH LINE OF SAID INTERSTATE HIGHWAY 10; THENCE SOUTH 82 DEGREES 12 MINUTES 00 SECONDS WEST CONTINUING ALONG THE NORTH LINE OF SAID INTERSTATE HIGHWAY 10 A DISTANCE OF 2604.74 FEET TO AN ANGLE POINT IN THE NORTH LINE OF SAID INTERSTATE HIGHWAY 10; THENCE SOUTH 82 DEGREES 17 MINUTES 14 SECONDS WEST CONTINUING ALONG THE NORTH LINE OF SAID INTERSTATE HIGHWAY 10 A DISTANCE OF 608.34 FEET TO THE SOUTHWEST CORNER OF SAID 43.31 ACRE TRACT AND THE HEREIN DESCRIBED TRACT, AND BEING THE SOUTHEAST CORNER OF A CALLED 40 ACRE TRACT DESCRIBED UNDER CLERK'S FILE NO. B460680; THENCE NORTH 08 DEGREES 45 MINUTES 54 SECONDS WEST WITH THE EAST LINE OF SAID CALLED 40 ACRE TRACT A DISTANCE OF 3087.70 FEET TO THE NORTHWEST CORNER OF SAID 43.31 ACRE TRACT AND THE HEREIN DESCRIBED TRACT; THENCE NORTH 81 DEGREES 58 MINUTES 01 SECONDS EAST A DISTANCE OF 613.11 FEET TO THE NORTHEAST CORNER OF SAID 43.31 ACRE TRACT, FOR AN ANGLE POINT OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 08 DEGREES 43 MINUTES 32 SECONDS EAST A DISTANCE OF 0.51 FEET ALONG THE EAST LINE OF SAID 43.31 ACRE TRACT TO THE NORTHWEST CORNER OF SAID 116.00 ACRE TRACT; THENCE NORTH 82 DEGREES 11 MINUTES 59 SECONDS EAST A DISTANCE OF 2637.78 FEET TO THE NORTHEAST CORNER OF SAID 69.95 ACRE TRACT, IN THE WEST LINE OF SAID 226.453 ACRE TRACT; THENCE NORTH 08 DEGREES 06 MINUTES 47 SECONDS WEST WITH THE WEST LINE OF SAID 226.453 ACRE TRACT A DISTANCE OF 16.52 FEET TO ITS NORTHWEST CORNER; THENCE NORTH 81 DEGREES 59 MINUTES 51 SECONDS EAST A DISTANCE OF 3084.62 FEET TO THE POINT OF BEGINNING AND CONTAINING 455.708 ACRES (19,850,652 SQUARE FEET) MORE OR LESS. SAID 455.708 ACRES BEING COMPILED FROM DESCRIPTIONS ONLY, NO FIELD SURVEYING HAS BEEN DONE.

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 on the date on or after September 1, 2007, on which all of the territory described by Section 2 of this Act is annexed into the City of Baytown. If the annexation occurs before September 1, 2007, this Act takes effect September 1, 2007.