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  H.B. No. 2782
 
 
 
 
AN ACT
  relating to the creation of the Liberty County Municipal Utility
  District No. 5.
         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 8185 to read as follows:
  CHAPTER 8185. LIBERTY COUNTY MUNICIPAL
  UTILITY DISTRICT NO. 5
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 8185.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the board of directors of the
  district.
               (2)  "Director" means a board member.
               (3)  "District" means the Liberty County Municipal
  Utility District No. 5.
         Sec. 8185.002.  NATURE OF DISTRICT. The district is a
  municipal utility district in Liberty County created under and
  essential to accomplish the purposes of Section 59, Article XVI,
  Texas Constitution.
         Sec. 8185.003.  CONFIRMATION ELECTION REQUIRED. If the
  creation of the district is not confirmed at a confirmation
  election held under Section 8185.023 before September 1, 2012:
               (1)  the district is dissolved September 1, 2012,
  except that:
                     (A)  any debts incurred shall be paid;
                     (B)  any assets that remain after the payment of
  debts shall be transferred to Liberty 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, 2015.
         Sec. 8185.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  
  All land and other property in the district will benefit from the
  works and projects to be accomplished by the district under powers
  conferred by Section 59, Article XVI, Texas Constitution.
         (b)  The district is created to serve a public use and
  benefit.
         Sec. 8185.005.  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
  other indebtedness; or
               (4)  the legality or operation of the district or the
  board.
  [Sections 8185.006-8185.020 reserved for expansion]
  SUBCHAPTER A-1. TEMPORARY PROVISIONS
         Sec. 8185.021.  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 or
  if a vacancy occurs in the office of temporary director, the vacancy
  shall be filled as provided by Section 49.105, Water Code.
         (d)  Temporary directors serve until the earlier of:
               (1)  the date directors are elected under Section
  8185.023; or
               (2)  the date this chapter expires under Section
  8185.003.
         Sec. 8185.022.  ORGANIZATIONAL MEETING OF TEMPORARY
  DIRECTORS. As soon as practicable after all the temporary
  directors have qualified under Section 49.055, Water Code, the
  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 Liberty County Courthouse.  At the meeting,
  the temporary directors shall elect officers from among the
  temporary directors and conduct any other district business.
         Sec. 8185.023.  CONFIRMATION AND INITIAL DIRECTORS'
  ELECTION. (a) 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.
         (b)  Section 41.001(a), Election Code, does not apply to a
  confirmation and initial directors' election held under this
  section.
         Sec. 8185.024.  INITIAL ELECTED DIRECTORS; TERMS. The
  directors elected under Section 8185.023 shall draw lots to
  determine which two serve until the first regularly scheduled
  election of directors under Section 8185.052 and which three shall
  serve until the second regularly scheduled election of directors.
         Sec. 8185.025.  FIRST REGULARLY SCHEDULED ELECTION OF
  DIRECTORS. The board by order may postpone the first election under
  Section 8185.052 following the confirmation and initial directors'
  election held under Section 8185.023 if:
               (1)  the election would otherwise occur not later than
  the 60th day after the date on which the confirmation election is
  held; or
               (2)  the board determines that there is not sufficient
  time to comply with the requirements of law and to order the
  election.
         Sec. 8185.026.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires September 1, 2015.
  [Sections 8185.027-8185.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8185.051.  DIRECTORS; TERMS. (a) The district is
  governed by a board of five directors.
         (b)  Directors serve staggered four-year terms.
         Sec. 8185.052.  ELECTION OF DIRECTORS. On the uniform
  election date in May of each even-numbered year, the appropriate
  number of directors shall be elected.
  [Sections 8185.053-8185.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8185.101.  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. 8185.102.  UTILITIES. The district may not impose an
  impact fee or assessment on the property, equipment, rights-of-way,
  facilities, or improvements of:
               (1)  an electric utility 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 cable operator as defined by 47 U.S.C. Section
  522.
         Sec. 8185.103.  COMPLIANCE WITH MUNICIPAL CONSENT
  ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
  54.016, Water Code, the district shall comply with all valid and
  applicable requirements of any ordinance or resolution adopted by a
  municipality in the corporate limits or extraterritorial
  jurisdiction of which the district is located, including an
  ordinance or resolution adopted before September 1, 2007, that
  consents to the creation of the district or to the inclusion of
  lands within the district.
         SECTION 2.  The Liberty County Municipal Utility District
  No. 5 includes all the territory contained in the following area:
         BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING
  628.863 ACRES OF LAND SITUATED IN THE I. & G. N. RAILROAD Co.
  SECTION 7, ABSTRACT No. 288, LIBERTY COUNTY, TEXAS, AND IN THE
  BEASLEY PRUITT SURVEY, ABSTRACT No. 97 AND BEING OUT AND A PART OF
  THAT CERTAIN TRACT DESCRIBED AS TRACT L-8 IN A DEED FROM
  INTERNATIONAL PAPER COMPANY TO FORMER CHAMPLANDS, LLC. AS DESCRIBED
  IN VOLUME 1902, PAGE 584 OFFICIAL PUBLIC RECORDS LIBERTY COUNTY,
  TEXAS; SAID 628.863 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
  METES AND BOUNDS AS FOLLOWS, TO-WIT:
         COMMENCING at a concrete monument found in the Northwest
  margin of Farm Market Road No. 1008 and being in the North line of
  the Town of Liberty North League, Abstract No.356 and in the South
  line of the Beasley Pruitt Survey, Abstract No. 97 and being the
  Northeast corner of that certain called 5.45 acre tract as
  described in Volume 804, Page 704 Deed Records Liberty County,
  Texas same being the Southeast corner of the parent tract;
         THENCE SOUTH 86 DEGREES 46 MINUTES 51 SECONDS WEST, a
  distance of 295.08 feet with the North line of the above mentioned
  5.45 acre tract to a concrete monument found for the Southeast
  corner of a called 10.47 acre tract as described in Volume 436, Page
  264 Deed Records Liberty County, Texas;
         THENCE NORTH 02 DEGREES 58 MINUTES 59 SECONDS WEST, a
  distance of 821.62 feet with the East line of said 10.47 acre tract
  to a concrete monument found for the Northeast corner of said 10.47
  acre tract;
         THENCE SOUTH 86 DEGREES 53 MINUTES 58 SECONDS WEST, a
  distance of 291.62 feet with the North line of said 10.47 acre tract
  to a point in the East line of the Dayton E.T.J. and the West line of
  the Dayton City Limits same being the PLACE OF BEGINNING of this
  tract herein described tract;
         THENCE SOUTH 86 DEGREES 53 MINUTES 58 SECONDS WEST, a
  distance of 234.59 feet continuing with the North line of said 10.47
  acre tract to a concrete monument found for the Northwest corner of
  said 10.47 acre tract;
         THENCE SOUTH 02 DEGREES 57 MINUTES 31 SECONDS EAST, a
  distance of 287.28 feet with the West line of 10.47 acre tract to a
  point in the East line of the Dayton E.T.J. and the West line of the
  Dayton City Limits;
         THENCE SOUTH 36 DEGREES 13 MINUTES 07 SECONDS WEST, a
  distance of 696.59 feet with the common line of said Dayton E.T.J.
  and the Dayton City Limits line to a point in the South line of said
  Pruitt Survey and the North line of said Town of Liberty North
  League;
         THENCE SOUTH 86 DEGREES 39 MINUTES 45 SECONDS WEST, a
  distance of 4555.63 feet with the common line of said Pruitt Survey
  and Town of Liberty North League to a point in the center of Linney
  Creek;
         THENCE UP LINNEY CREEK WITH IT'S MEANDERS IN A NORTHWESTERLTY
  DIRECTION AS FOLLOWS:
         THENCE NORTH 50 DEGREES 09 MINUTES 30 SECONDS WEST, a
  distance of 163.69 feet to a meander point;
         THENCE NORTH 45 DEGREES 37 MINUTES 37 SECONDS WEST, a
  distance of 143.60 feet to a meander point;
         THENCE NORTH 32 DEGREES 27 MINUTES 18 SECONDS WEST, a
  distance of 72.97 feet to a meander point;
         THENCE NORTH 44 DEGREES 58 MINUTES 01 SECONDS WEST, a
  distance of 80.73 feet to a meander point in the East line of that
  certain tract of land conveyed to K. Robert Seaberg as described
  under Clerk's File No. 2002055625 Official Public Records Liberty
  County, Texas;
         THENCE NORTH 02 DEGREES 42 MINUTES 27 SECONDS WEST, a
  distance of 1371.66 feet to a concrete monument found for the
  Northeast corner of said K. Robert Seaberg tract;
         THENCE SOUTH 87 DEGREES 03 MINUTES 53 SECONDS WEST, a
  distance of 3702.05 feet to a concrete monument found in the East
  line of that certain tract of land described in Volume 977, Page 703
  Deed Records Liberty County, Texas situated in the I. & G. N. R.R.
  Survey, Abstract No. 288 and being the Northwest corner of said K.
  Robert Seaberg tract;
         THENCE NORTH 03 DEGREES 52 MINUTES 55 SECONDS WEST, a
  distance of 658.99 feet with the common line of said Pruitt Survey
  and said I. & G. N. Survey to a 2 inch aluminum cap found for the
  Northeast corner of that certain tract of land described in Volume
  1574, Page 330 Official Public Records Liberty County, Texas;
         THENCE SOUTH 88 DEGREES 32 MINUTES 00 SECONDS WEST, a
  distance of 1569.68 feet with the North line of the above mentioned
  tract to a point in the East line of the Dayton E.T.J. and the West
  line of the Dayton City Limits;
         THENCE NORTH 25 DEGREES 37 MINUTES 53 SECONDS WEST, a
  distance of 248.66 feet with the common line said Dayton E.T.J. and
  the Dayton City Limits line to a point in the South line of the
  Charles E. Seaberg called second tract as described in Volume 1702,
  Page 883 Official Public Records Liberty County, Texas;
         THENCE NORTH 88 DEGREES 32 MINUTES 00 SECONDS EAST, a
  distance of 1645.76 feet with the South line of said Charles E.
  Seaberg tract to a 2 inch aluminum cap found in the West line of said
  Pruitt Survey and the East line of said I. & G. N. Survey same being
  the Southeast corner of said Charles E. Seaberg tract;
         THENCE NORTH 03 DEGREES 52 MINUTES 11 SECONDS WEST, a
  distance of 889.56 feet with the common line of said Pruitt Survey
  and said I. & G. N. Survey to a concrete monument found for the
  Southwest corner of that certain tract of land described in Volume
  1628, Page 688 Official Public Records Liberty County Texas;
         THENCE NORTH 86 DEGREES 35 MINUTES 54 SECONDS EAST, a
  distance of 9879.41 feet with the South line of the above mentioned
  tract to a concrete monument found for the Northeast corner of this
  tract same being in the South line of that certain tract of land
  described in Volume 1628, Page 702 Official Public Records Liberty
  County Texas and being the Northwest corner of that certain tract of
  land conveyed to Tom R. Kersh as described Volume 1355, Page 188
  Official Public Records Liberty County Texas;
         THENCE SOUTH 03 DEGREES 29 MINUTES 41 SECONDS EAST, a
  distance of 1223.82 feet with the West line of the above mentioned
  tract to a 5/8 inch iron rod found for an angle point In the West
  line of that certain tract of land as described in Volume 1244, Page
  900 Official Public Records Liberty County Texas;
         THENCE SOUTH 21 DEGREES 27 MINUTES 18 SECONDS WEST, a
  distance of 1066.08 feet with the West line of the City of Dayton
  tract to an axle found for the Southwest corner of that certain
  tract of land conveyed to the City of Dayton as described in Volume
  1346, Page 153 Official Public Records Liberty County Texas;
         THENCE SOUTH 72 DEGREES 25 MINUTES 10 SECONDS EAST, a
  distance of 201.66 feet with the South line of the above mentioned
  City of Dayton tract to a point in the East line of the Dayton E.T.J.
  and the West line of the Dayton City Limits;
         THENCE SOUTH 36 DEGREES 13 MINUTES 37 SECONDS WEST, a
  distance of 570.77 feet with the common line said Dayton E.T.J. and
  the Dayton City Limits line to the PLACE OF BEGINNING and containing
  27393252 square feet or 628.863 acres more or less.
         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. 2782 was passed by the House on May 9,
  2007, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2782 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor