S.B. No. 1865




AN ACT
relating to the creation of the Galveston County Municipal Utility District No. 53; 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 8131 to read as follows:
CHAPTER 8131. GALVESTON COUNTY MUNICIPAL UTILITY
DISTRICT NO. 53
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8131.001. 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 Galveston County Municipal Utility District No. 53. Sec. 8131.002. NATURE OF DISTRICT. The district is a municipal utility district in Galveston County created under and essential to accomplish the purposes of Section 52, Article III, and Section 59, Article XVI, Texas Constitution. Sec. 8131.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8131.023 before September 1, 2009: (1) the district is dissolved September 1, 2009, except that: (A) any debts incurred shall be paid; (B) any assets that remain after the payment of debts shall be transferred to Galveston 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. 8131.004. 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. Sec. 8131.005. APPLICABILITY OF OTHER LAW. Except as otherwise provided by this chapter, Chapters 49 and 54, Water Code, apply to the district.
[Sections 8131.006-8131.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8131.021. TEMPORARY DIRECTORS. (a) On or after September 1, 2005, a person who owns land inside the boundaries of the proposed district may petition the Texas Commission on Environmental Quality to appoint as temporary directors the five persons listed in the petition. (b) The commission shall appoint as temporary directors the persons listed in a petition received by the commission under Subsection (a). If the commission receives more than one petition, the commission shall appoint the directors listed in the first petition the commission receives. (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 8131.023; or (2) the date this chapter expires under Section 8131.003. Sec. 8131.022. 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 Galveston County Courthouse. At the meeting, the temporary directors shall elect officers from among the temporary directors and conduct any other district business. Sec. 8131.023. 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. 8131.024. INITIAL ELECTED DIRECTORS; TERMS. The directors elected under Section 8131.023 shall draw lots to determine which two shall serve terms expiring June 1 following the first regularly scheduled election of directors under Section 8131.052 and which three shall serve until June 1 following the second regularly scheduled election of directors. Sec. 8131.025. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2010.
[Sections 8131.026-8131.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8131.051. DIRECTORS; TERMS. (a) The district is governed by a board of five directors. (b) Directors serve staggered four-year terms that expire June 1 of even-numbered years. Sec. 8131.052. ELECTION OF DIRECTORS. On the uniform election date in May of each even-numbered year, the appropriate number of directors shall be elected.
[Sections 8131.053-8131.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8131.101. GENERAL POWERS. The district has all of the rights, powers, privileges, authority, functions, 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. 8131.102. 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 regulatory ordinances of the municipality or county in whose jurisdiction the district is located. (c) The district may not undertake a road project unless each municipality or county in whose jurisdiction the district is located consents by ordinance or resolution. Sec. 8131.103. LIMITATION ON USE OF EMINENT DOMAIN. The district may exercise the power of eminent domain outside the district only to acquire an easement necessary for a pipeline that serves the district. Sec. 8131.104. 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 Texas City, 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 8131.105-8131.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8131.151. TAX TO REPAY BONDS. The district may impose a tax to pay the principal of or interest on bonds issued under Section 8131.201. Sec. 8131.152. 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 8131.153-8131.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8131.201. 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 8131.101 and 8131.102. (b) The district may not issue bonds to finance projects authorized by Section 8131.102 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 8131.102 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 a district under Section 8131.102 or to bonds issued by the district to finance the project. SECTION 2. The Galveston County Municipal Utility District No. 53 initially includes all the territory contained in the following area: TRACT I: BEING a 299.300-acre (13,037,520 square foot) tract of land out of the W.G. BANK SURVEY, A-36, Galveston County, Texas, being out of Lots 2 through 4 and 6 through 21 of the J.F. DUGAT SUBDIVISION as recorded in Volume 141, Page 37 of the Galveston County Deed Records, being out of the remainder of a 249.2069-acre tract of land conveyed to B.C. Schroeder, Jr., Trustee, as recorded in Volume 1741, Pages 903 and 908 of the Galveston County Deed Records, being out of a. 60.0-acre tract of land conveyed to B.C. Schroeder, Jr., Trustee, as recorded under Galveston County Clerk's File No. 8457526, being out of a 10-acre tract of land conveyed to B.C. Schroeder, Jr., Trustee, as recorded under Galveston County Clerk's File No. 8440855 and being more particularly described by metes and bounds as follows with the basis of bearings being the Texas State Plane Coordinate System, South: Central Zone; BEGINNING at a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston, Tx." set in the Easterly, line of a 51.1-acre tract of land conveyed to Frank Riley as recorded in Volume 1579, Page 114 of the Galveston County Deed Records for the Southwesterly corner of a 23.762-acre tract of land described as "Tract IV" as conveyed to League City Investors, Ltd. as recorded under Galveston County Clerk's File No. 2002045006, for the Northwesterly corner of said. 60.0-acre tract and for the Northwesterly corner of this tract; THENCE North 87° 06' 54" East, a distance of 2,630.78 feet with the Southerly line of said 23.762-acre tract, with the Southerly line of a 7.396-acre tract of land described as "Tract VI" as conveyed to League City Investors, Ltd. as recorded under Galveston County Clerk's File No. 2002045006, with the Southerly line of a tract of land described as "Tract 3" as conveyed to Dan Mihailovich and Stephen Wormington as recorded under Galveston County Clerk's File No. 2000023039 and with the Southerly line of the Wilken's Family Partners, LP 9.036-acre tract as recorded under Galveston County Clerk's File No. 2002020372 to a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston Tx." set for the Northeasterly corner of this tract; THENCE South 03° 04' 21" West, a distance of 3,965.57 feet with the Westerly line of Jones Subdivision as recorded in Volume 134, Page 10 of the Galveston County Deed Records to a, 5/8-inch iron rod with cap stamped "Weisser Eng. Houston, Tx." set for a Southeasterly corner of this tract; THENCE South 86° 55' 39" West, a distance of 1,200.00 feet with the Northerly line of Lot 5 of said J.F. Dugat Subdivision to a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston, Tx." set for an interior corner of this tract; THENCE South 03° 04' 21" East, a distance of 180.00 feet with the Westerly line of said Lot 5 to a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston, TX." set for an interior corner of this tract, from which a 1/2-inch iron pipe found bears North 05° 49' 47" East, a distance of 1.53 feet; THENCE North 86° 55' 39" East, a distance of 1,200.00 feet with the Southerly line of said Lot 5 to a 1/2-inch iron pipe found for Northeasterly corner of this tract; THENCE South 03° 04' 21" East, a distance of '1,049.51 feet with the Westerly line of said Jones Subdivision to a 5/8-inch iron rod with cap stamped " Weisser Eng. Houston, Tx." set for a Southeasterly corner of this tract; THENCE South 86° 13' 29" West, a distance of 1.88 feet with the Northerly line of the remainder of a 6.75-acre tract of land described as "Tract II" as conveyed to B.C. Schroeder, Jr. as recorded under Galveston County Clerk's File No. 8938252 to a 1-inch iron pipe for an interior corner of this tract; THENCE South 02° 58' 41" East, a distance of 572.31 feet with the Westerly line of said 6.75-acre tract to a 1-1/2-inch iron pipe found for the Southeasterly corner of this tract; THENCE South 85° 56' 43" West, a distance of 790.67 feet with the Northerly line of a tract of land conveyed to Sylvia A. Cantu as recorded under Galveston County Clerk's File No. 2003019644 to a 1-1/4-inch pipe found in the Northeasterly bank of Gum Bayou for the most Southwesterly corner of this tract; THENCE in a Northwesterly direction with the meanders of the Northeasterly bank of Gum Bayou the following bearings and distances: North 07° 52' 40" West, a distance of 230.73 feet to an angle point; North 34° 56' 52" West, a distance of 62.34 feet to an angle point; North 15° 16' 59" West, a distance of 137.48 feet to an angle point; North 69° 51' 27" West, a distance of 129.69 feet to an angle point; North 51° 21' 01" West, a distance of 112.26 feet to an angle' point; North 28° 39' 42" West, a distance of 165.49 feet to an angle point; North 11° 30' 11" West, a distance of 147.82 feet to an angle point; North 67° 30' 52" West, a distance of 372.50 feet to a angle point; North 52° 59' 20" West, a distance of 167.58 feet to an angle point; North 83° 30' 14" West, a distance of 96.30 feet to an angle point; South 60° 12' 03" West, a distance of 234.97 feet to an angle point; North 50° 49' 04" West, a distance of 164.88 feet to an angle point; North 01° 40' 36" West, a distance of 118.20 feet to an angle point; North 35° 10' 41" West, a distance of 161.56 feet to an angle point; South 76° 07' 56" West, a distance of 214.7 feet to an angle point; North 10° 00' 01" East, a distance of 100.00 feet to an angle point; North 11° 03' 16" West, a distance of 226.60 feet to an angle point; North 41° 23' 18" West, a distance of 146.85 feet to an angle point; North 78° 26' 05" West, a distance of 91.92 feet to an angle point; South 78° 08' 03" West, a distance of 90.99 feet to a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston, Tx." set for the most Westerly Southwesterly corner of this tract; THENCE North 03° 01' 00" West, a distance of 4,000.08 feet with the Easterly line of an 81.99-acre tract of land conveyed to NationsBank of Texas, N.A. as recorded under Galveston County Clerk's File No. 9746910, with the Easterly line of a 20.387-acre tract of land conveyed to Seymour B. Shwiff and Joseph J. Tramonte as recorded under Galveston County Clerk's File No. 9928141, with the Easterly line of a tract of land conveyed to Tracy D. High as recorded under Galveston County Clerk's File No. 9921239 and with the Easterly line of said 51.1-acre tract TO THE POINT OF BEGINNING and CONTAINING 299.300 acres (13,037,520 square feet) of land. TRACT II: BEING a 6.637 acre (289,089 square foot) tract of land out of the J.S. SHERMAN SURVEY, A-181, Galveston County, Texas, being out of Lot L of Jones Subdivision as recorded in Volume 134, Page 10 of the Galveston County Deed Records, being but of a .75 acre tract of land described as "Tract II" conveyed to B.C. Schroeder, Jr. as recorded under Galveston County Clerk's File No. 8938252 and being more particularly described by metes and bounds as follows with the basis of bearings being the Texas State Plane Coordinate System, South Central Zone: BEGINNING at a 5/8-inch-iron rod with cap stamped "Weisser Eng. Houston, TX." Set in the northerly right-of-way line of F.M. Road No. 517 (90 feet wide) for the southeasterly corner of a tract of land conveyed to Sylvia A. Cantu as recorded under Galveston County Clerk's File No. 2003019644 and for the southwesterly corner of this tract; THENCE North 02° 58' 41" West, a distance of 1,050.28 feet with the easterly line of said Sylvia A. Cantu tract and with the easterly line of the remainder of a 249.2069 acre tract of land conveyed to B.C. Schroeder, Jr., Trustee, as recorded in Volume 1741, Page 903 of the Galveston County Deed Records to a 1-inch iron pipe found for the northwesterly corner of this tract.; THENCE North 86° 13' 29" East, a distance of 279.22 feet to a 1 inch iron pipe found for the northeasterly corner of this tract; THENCE South 03° 01' 14" East, a distance of 1,013.79 feet to a 1 inch iron pipe found in the northerly right-of-way line of said F.M. Road No. 517 for the southeasterly corner of this tract; "THENCE South 77° 41' 21" West, a distance of 158.70 feet with the northerly right-of-way line of said F.M. Road No. 517 to a 5/8 inch iron rod with cap stamped "Weisser Eng. Houston, Tx." Set for a point-of-curvature; THENCE in a westerly direction with the northerly right-of-way line of said F.M. Road No. 517 and with a tangent curve to the right having a radius of 1,387.39, a central angle 05° 07' 52", and a length of 124.25 feet and a chord bearing South 80° 15' 17" West, a distance of 124.21 feet to the POINT OF BEGINNING and CONTAINING 6.637 acres TRACT III: Lot Five (5) of the J.F. Dugat Subdivision of the Wm. G. Banks Survey, Abstract 36, in Galveston County, Texas, according to the map of said subdivision recorded in Volume 141, Page 37, in the Office of the County Clerk of Galveston County, Texas. TRACT IV: BEING a 47.485-acre (2,068.447 square foot) tract of land out of the J. S. SHERMAN SURVEY, A-181, Galveston County, Texas, being out of Lots H, I and J of the JONES SUBDIVISION as recorded in Volume 134, Page 10 of the Galveston County Deed Records, said Lots H, I and J being conveyed to Johnny H. Huynh and Tham T. Nguyen as recorded under Galveston County Clerk's File No. 2001045439 and-being more particularly described by metes and bounds as follows with the basis of bearing being the Texas State Plane Coordinate System, South Central Zone: BEGINNING at a 5/8-inch iron rod with cap found in the Easterly line of the J.F. Dugat Subdivision as recorded in Volume 141, Page 37 of the Galveston County Deed Records and in the Easterly line of the remainder of a 249.2069-acre tract of land conveyed to B.C. Schroeder, Jr., Trustee, as recorded in Volume 1741, Page 903 of the Galveston County Deed Records for the Southwesterly corner of Lot G of said JONES SUBDIVISION, for the Northwesterly corner of said Lot H and for the Northwesterly corner of this tract; THENCE North 86 deg. 55 min. 39 sec. East, a distance of 1,213.09 feet with the Southerly line of said Lot G to a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston, Tx." set in the Westerly right-of-way line of F.M. Road No. 3436 (100 feet wide) for the Northeasterly corner of this tract, from which a 1/2-inch iron rod found bears South 78 deg. 26 min. 26 sec. West, a distance of 0.38 feet; THENCE South 03 deg. 04 min. 39 sec. East, a distance of 1,705.00 feet with the Westerly right-of-way line of said FM. Road No. 3436 to a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston, Tx." set for the Southeasterly corner of this tract; THENCE South 86 deg. 55 min. 39 sec. West, a distance of 1,213.24 feet over and across said Lot J to a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston, TX." set for the Southwesterly corner of this tract; THENCE North 03 deg. 04 min. 21 sec. West, a distance of 1,705.00 feet with the Westerly line of said Lots H, I and J and with the Easterly line of said J.F. Dugat Subdivision to the POINT OF BEGINNING and CONTAINING 47.485 acres (2,068,447 square feet) of land. 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. 1865 passed the Senate on May 10, 2005, by the following vote: Yeas 31, Nays 0; and that the Senate concurred in House amendment on May 23, 2005, by a viva-voce vote. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1865 passed the House, with amendment, on May 20, 2005, by a non-record vote. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor