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                                                                  S.B. No. 1882




AN ACT
relating to the creation of the Galveston County Municipal Utility District No. 67; 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 8151 to read as follows:
CHAPTER 8151. GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT
NO. 67
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8151.001. 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. 67. Sec. 8151.002. 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. 8151.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8151.023 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 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. 8151.004. 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 8151.005-8151.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8151.021. 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). (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 8151.023; or (2) the date this chapter expires under Section 8151.003. Sec. 8151.022. 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. 8151.023. 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. 8151.024. INITIAL ELECTED DIRECTORS; TERMS. The directors elected under Section 8151.023 shall draw lots to determine which two shall serve terms expiring June 1 following the first regularly scheduled election of directors under Section 8151.052 and which three shall serve until June 1 following the second regularly scheduled election of directors. Sec. 8151.025. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2010.
[Sections 8151.026-8151.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8151.051. 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. 8151.052. ELECTION OF DIRECTORS. On the uniform election date in May of each even-numbered year, the appropriate number of directors shall be elected.
[Sections 8151.053-8151.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8151.101. 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. 8151.102. 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. 8151.103. 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. 8151.104. 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. Sec. 8151.105. DIVISION OF DISTRICT. The district may divide into two or more districts in the manner provided by Section 53.029, Water Code, if the district: (1) has no outstanding bonded debt; and (2) is not imposing an ad valorem tax.
[Sections 8151.106-8151.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8151.151. TAX TO REPAY BONDS. The district may impose a tax to pay the principal of or interest on bonds issued under Section 8151.201. Sec. 8151.152. 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 8151.153-8151.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8151.201. 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 8151.101 and 8151.102. (b) The district may not issue bonds under Subsection (a) 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 8151.102 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 8151.102 or to bonds issued by the district to finance the project. SECTION 2. The Galveston County Municipal Utility District No. 67 initially includes all the territory contained in the following area: METES AND BOUNDS: ALL OF THE FOLLOWING TRACTS OUT OF SAN LEON FARM HOME TRACTS, A SUBDIVISION IN GALVESTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 238, PAGE 25, IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS. [All references to "Volume ___, Page(s) ___," are to the Deed Records or other records in the Office of the County Clerk of Galveston County, Texas]; (PARCEL A) BLOCK 56: LOTS 6, 7 and 8 (PARCEL B) BLOCK 66, together with that portion designated as Motor Car right-of-way lying within the boundary lines of said Block. (PARCEL C) BLOCK 67, together with that portion designated as Motor Car right-of-way lying within the boundaries lines of said Block, SAVE AND EXCEPT that portion thereof conveyed to Houston Lighting and Power Company by instrument recorded in Volume 1403, Page 203, and being further described by metes and bounds in the Parcel C description ATTACHED hereto and made a part hereof. (PARCEL D) BLOCK 68: LOTS 7 and 8, SAVE AND EXCEPT those portions thereof conveyed to Houston Lighting and Power Company by instruments recorded in Volume 1403, Pages 203 and 205, and being further described by metes and bounds in Parcel D description ATTACHED hereto and made a part hereof. (PARCEL E) BLOCK 70, SAVE AND EXCEPT that portion thereof conveyed to Houston Lighting and Power Company by instrument recorded in Volume 1403, Page 200, and being further described by metes and bounds in the Parcel E description ATTACHED hereto and made a part hereof. (PARCEL F) BLOCK 71, which DOES NOT INCLUDE that portion thereof designated for railroad right-of-way, AND SAVE AND EXCEPT that portion of Lots 2 and 2A in said Block conveyed to Houston Lighting and Power Company by instrument recorded in Volume 1403, Page 200, and being further described by metes and bounds in two (2) parts in Parcel F description ATTACHED hereto and made a part hereof. (PARCEL G) BLOCK 72, which DOES NOT INCLUDE that portion thereof designated for railroad right-of-way, and being further described by metes and bounds in two (2) parts in the Parcel G description ATTACHED hereto and made a part hereof. (PARCEL H) BLOCK 73, together with that portion designated as Motor Car right-of-way lying within the boundaries of said Block. (PARCEL I) BLOCK 85, and being further described by metes and bounds in the Parcel I description ATTACHED hereto and made a part hereof. (PARCEL J) BLOCK 82: Lots 1, 1A, 2, and 2A, which DOES NOT INCLUDE that portion thereof designated for railroad right-of-way, and being further described by metes and bounds in the Parcel J description ATTACHED hereto and made a part hereof. TRACT I - Parcel "C" METES AND BOUNDS DESCRIPTION OF PART OF BLOCK 67, SAN LEON FARM HOME TRACTS, A SUBDIVISION IN GALVESTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 238, PAGE 25 IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS. BEGINNING at the Southwest corner of Lot 8, Block 67, said point being the intersection of the North line of Avenue "Q," 60 feet right of way, with the East line of 27th Street, 60 foot right of way; THENCE from said beginning point N14° 17' 00" E, along the West line of Lots 8 and 1, a distance of 1260.00 feet to a point for corner being the Northwest corner of Lot 1; THENCE S75° 43' 00" E, along the North line of Lots 1, 2 and 3, a distance of 766.43 feet to a point for corner in the West line of an H.L. & P. Company Tract recorded in Volume 1403, Page 203 in the Office of the County Clerk of Galveston County, Texas; THENCE along the West and South line of said H.L. & P. Company Tract S14° 17' 00" W 65.50 feet and S34° 35' 10" E 818.40 feet to a point for corner in the East line of Lot 4; THENCE S14° 17' 00" W, along the East line of Lots 4 and 5, a distance of 656.18 feet to a point for corner by the Southeast corner of Lot 5; THENCE N75° 43' 00" W, a distance of 1380.86 feet to the place of beginning and containing 35.2641 acres, more or less. (Part of Block 67/35.2641 Acres) TRACT I - Parcel "D" METES AND BOUNDS DESCRIPTION OF PART OF BLOCK 68, SAN LEON FARM HOME TRACTS, A SUBDIVISION IN GALVESTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 239, PAGE 25 IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS. BEGINNING at the Southwest corner of Lot 8, Block 58, said point being the intersection of the North line of Avenue "Q," 60 foot right of way, with the East right of way line of 26th Street, 60 foot right of way; THENCE from said beginning point N14° 17' 00" E, along the West line of Lot 8, a distance of 603.78 feet to a point for corner in the South line of an H.L.& P. Company Tract recorded in Volume 1403, Pages 203 and 205 in the Office of the County Clerk of Galveston County, Texas; THENCE S34° 35' 10" E, along the South line of said H.L.& P. Company Tract, a distance of 917.91 feet to a point for corner in the South line of Lot 7; THENCE N75° 43' 00" W, along the South line of Lots 7 and 8, a distance of 691.38 feet to the place of beginning and containing 4.7916 acres, more or less. (Part of Block 68/4.7916 Acres) TRACT I, PARCEL "E" METES AND BOUNDS DESCRIPTIONS OF PART OF BLOCK 70, SAN LEON FARM HOME TRACTS, A SUBDIVISION IN GALVESTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 238, PAGE 25 IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS. BEGINNING at the South corner of Block 70, said point being the intersection of the North line of Avenue "R," 60 foot right of way, with the East line of 25th Street, 60 foot right of way; THENCE from said beginning point N28° 24' 30" E, along the East line of said Block 70, a distance of 561.12 feet to a point for corner in the South line of an H.L.& P. Company Tract recorded in Volume 1403, Page 200 in the Office of the County Clerk of Galveston County, Texas; THENCE along the South line of said H.L.& P. Company Tract, N34° 35' 10" W 176.86 feet, N25° 07' 40" E 252.97 feet and N34° 50' 30" W 87.87 feet to a point for corner in the West line of said Block 70, said point lying in the East line of 25th Street; THENCE S14° 17' 00" W, along the West line of said Block 70 and the East line of 25th Street, a distance of 953.35 feet to the place of beginning and containing 1.2263 acres, more or less. (Part of Block 70/1.2263 Acres) TRACT I, PARCEL "F"-(a) METES AND BOUNDS DESCRIPTIONS OF PART OF BLOCK 71, SAN LEON FARM HOME TRACTS, A SUBDIVISION IN GALVESTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 238, PAGE 25 IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS. BEGINNING at the Northwest corner of Lot 1, Block 71, said point being the intersection of the South right of way line of Avenue "Q," 60 foot right of way, with the East right of way line of 26th Street, 60 foot right of way; THENCE from said beginning point S75° 43' 00" E, along the North line of Lots 1, 1A and 2, Block 71, a distance of 760.09 feet to a point for corner in the Southwesterly line of an H.L. & P. Company Tract as recorded in Volume 1403, Page 200 in the Office of the County Clerk of Galveston County, Texas; THENCE S34° 35' 10" E, along the Westerly line of said H.L. & P. Company Tract, a distance of 12.46 feet to a point for corner in the Northerly line of an S.P.T. Corporation Tract; THENCE S60° 30' W, along the North line of said S.P.T. Corporation Treat, a distance of 795.17 feet to the P.C. of a curve; THENCE continuing along the North line of said S.P.T. Corporation Tract around a curve to the right whose radius is 9900.00 feet, whose chord bears S61° 16' 24" W 267.20 feet, a distance of 267.21 feet to a point for corner in the West line of Lot 4, Block 71; THENCE W14° 17' 00" E, along the West line of Lots 4 and 1, Block 71, a distance of 740.66 feet to the place of beginning and containing 6.6499 acres, more or less. (Part of Block 71/6.6499 acres) TRACT I, PARCEL "F"-(b) METES AND BOUNDS DESCRIPTIONS OF PART OF BLOCK 71, SAN LEON FARM HOME TRACTS, A SUBDIVISION IN GALVESTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 238, PAGE 25 IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS. BEGINNING at the Southwest corner of Lot 4, Block 71, said point being the intersection of the North right of way line of Avenue "R," 60 foot right of way, with the East right of way line of 26th Street, 60 foot right of way; THENCE from said beginning point N14° 17' 00" E, along the West line of Lot 4, a distance of 384.02 feet to a point for corner in the South line of an S.P.T. Corporation Tract; THENCE in an Easterly direction, around a curve to the left whose radius is 10,000.00 feet, whose chord bears N61°31'56" E 360.31 feet, a distance of 360.33 feet to the P.T. of said curve; THENCE N60°30' 00" E, continuing along the South line of said S.P.T. Corporation Tract, a distance of 804.07 feet to a point for corner in the Southwesterly line of an H.L.& P. Company Tract as recorded in Volume 1403, Page 200 in the Office of the County Clerk of Galveston County, Texas; THENCE S34° 35' 10" E, along the Southwesterly line of said H.L. & P. Company Tract, a distance of 713.97 feet to a point for corner in the East line of Lot 2-A; THENCE S14° 17' 00" W, along the East line of Lots 2-A and 3-A, a distance of 716.14 feet to a point for corner being the Southeast corner of Lot 3-A; THENCE N75° 43' 00" W, along the South line of Lots 3-A, 3, 4-A and 4, a distance of 1392.86 feet to the place of beginning and containing 26.9063 acre, more less. (Part of Block 71/26.9063 Acres) TRACT I, PARCEL "G"-(a) METES AND BOUNDS DESCRIPTIONS OF PART OF BLOCK 72, SAN LEON FARM HOME TRACTS, A SUBDIVISION IN GALVESTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 238, PAGE 25 IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS. BEGINNING at the Southwest corner of Lot 4, Block 72, said point being the intersection of the North line of Avenue "R," 60 foot right of way, with the East right of way line of 27th Street, 60 foot right of way; THENCE N14° 17' 00" E, along the West line of Lots 4 and 1, a distance of 1260.00 feet to a point for corner being the Northwest corner of Lot 1; THENCE S75° 43' 00" E, along the North line of Lots 1, 1-A, 2 and 2-A, a distance of 1382.86 feet to a point for corner being the Northeast corner of Lot 2-A; THENCE S14° 17' 00" W, along the East line of Lots 2-A and 3-A, a distance of 794.69 feet to a point in the North line of an S.P.T. Company Tract; THENCE in a Westerly direction, around a curve to the right whose radius is 9900.00 feet, whose chord bears S64° 37' 26" W 729.07 feet, a distance of 729.23 feet to a point for corner in the South line of Lot 3; THENCE N75° 43' 00" W, along the South line of Lots 3, 4-A and 4, a distance of 921.58 feet to the place of beginning and containing 37.0022 acres, more or less. (Part of Block 72/37.0022 Acres) TRACT I, PARCEL "G"-(b) METES AND BOUNDS DESCRIPTIONS OF PART OF BLOCK 72, SAN LEON FARM HOME TRACTS, A SUBDIVISION IN GALVESTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 238, PAGE 25 IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS. BEGINNING at the Southwest corner of Lot 3-A, Block 72, said point being the intersection of the North line of Avenue "R," 60 foot right of way, with the West right of way line of 26th Street, 60 foot right of way; THENCE from said beginning point N75° 43' 00" W, along the South line of Lots 3-A and 3, a distance of 398.66 feet to a point for corner; THENCE in an Easterly direction, around a curve to the left whose radius is 10,000.00 feet, whose chord bears N64° 30' 33" E 518.57 feet, a distance of 518.62 feet to a point for corner in the West line of Lot 3-A; THENCE South, along the East line of Lot 3-A, a distance of 331.76 feet to the place of beginning and containing 1.4910 acre, more or less. (Part of Block 72/1.4910 Acres) TRACT I-Parcel "I" METES AND BOUNDS DESCRIPTIONS OF PART OF BLOCK 85, SAN LEON FARM HOME TRACTS, A SUBDIVISION IN GALVESTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 238, PAGE 25 IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS. BEGINNING at the Northwest corner of Lot 1, Block 85, said point being the intersection of the South line of Avenue "R," 60 foot right of way, with the East right of way line of 26th Street, 60 foot right of way; THENCE from said beginning point S75° 43' 00" E, along the North line of Lots 1, 1-A, 2 and 2-A, in Block 85, a distance of 1382.86 feet to a point for corner being the Northeast corner of Lot 2-A; THENCE S18° 54' 45" W, along the East line of Lots 2-A and 3-A, in Block 85, a distance of 1239.04 feet to a point for corner being the Southeast corner of Lot 3-A and Block 85; THENCE in an Easterly direction, along the South line of Block 85 as follows: S74° 36' 37" W, 282.80 feet N75° 43' 00" W, 585.71 feet and N34° 31' 51" W, 599.84 feet to a point for corner being the Southwest corner of Lot 4 and Block 85; THENCE N14° 17'00"E, along the West line of Lots 4 and 1, in Block 85, a distance of 980.00 feet to the place of beginning and containing 39.4702 acres, more or less. (Block 85/39.4702 Acres) TRACT 1-PARCEL "J" METES AND BOUNDS DESCRIPTIONS OF PART OF BLOCK 83, SAN LEON FARM HOME TRACTS, A SUBDIVISION IN GALVESTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 238, PAGE 25 IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS. BEGINNING at the Northwest corner of Lot 1, Block 83, said point being the intersection of the South line of Avenue "R," 60 foot right of way, with the East right of way line of 28th Street, 60 foot right of way; THENCE from said beginning corner S75° 43'00" E, along the North line of Lots 1, 1-A, 2 and 2-A, a distance of 1382.86 feet to a point for corner being the Northeast corner of Lot 2-A; THENCE S14° 17'00" W, along the East line of Lot 2-A, a distance of 601.33 feet to a point for corner in the North line of an S.P.T. Company Tract; THENCE S67° 26'50" W, along the North line of said S.P.T. Company Tract, a distance of 47.81 feet to a point for corner in the South line of Lot 2-A; THENCE N75° 43'00" W, along the South line of Lots 2-A, 2, 1-A and 1, a distance of 1344.59 feet, being the Southwest corner of Lot 1; THENCE N14° 17'00" E, along the West line of Lot 1, a distance of 630.00 feet to the place of beginning and containing 19.9874 acres, more or less. (Part of Block 83/19.9874 Acres) 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. 1882 passed the Senate on May 5, 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. 1882 passed the House, with amendment, on May 20, 2005, by a non-record vote. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor