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  H.B. No. 4031
 
 
 
 
AN ACT
  relating to the creation of the Brazoria County Municipal Utility
  District No. 62; 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 8213 to read as follows:
  CHAPTER 8213. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 62
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8213.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means Brazoria County Municipal
  Utility District No. 62.
         Sec. 8213.002.  NATURE OF DISTRICT. The district is a
  municipal utility district in Brazoria County created under and
  essential to accomplish the purposes of Section 52, Article III,
  and Section 59, Article XVI, Texas Constitution.
         Sec. 8213.003.  CONFIRMATION ELECTION REQUIRED. If the
  creation of the district is not confirmed at a confirmation
  election held under Section 8213.024 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 Brazoria 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. 8213.004.  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 8213.005-8213.020 reserved for expansion]
  SUBCHAPTER A-1. TEMPORARY PROVISIONS
         Sec. 8213.021.  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
  8213.024; or
               (2)  the date this chapter expires under Section
  8213.003.
         Sec. 8213.022.  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. 8213.023.  CONSENT OF MUNICIPALITY REQUIRED.  The
  temporary directors may not hold an election under Section 8213.024
  until each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located has adopted a
  resolution consenting to the creation of the district.
         Sec. 8213.024.  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. 8213.025.  INITIAL ELECTED DIRECTORS; TERMS.  The
  directors elected under Section 8213.024 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. 8213.026.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires September 1, 2014.
  [Sections 8213.027-8213.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8213.051.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of five directors.
         (b)  Directors serve staggered four-year terms.
  [Sections 8213.052-8213.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8213.101.  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. 8213.102.  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 improvements in aid of those roads,
  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. 8213.103.  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 each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located.
         Sec. 8213.104.  EFFECT OF ANNEXATION BY CITY OF ALVIN.  If,
  before the date of the confirmation election, the City of Alvin
  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 8213.105-8213.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8213.151.  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 8213.201.
  [Sections 8213.152-8213.200 reserved for expansion]
  SUBCHAPTER E.  BONDS
         Sec. 8213.201.  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
  8213.101 or 8213.102.
         (b)  The district may not issue bonds or other obligations to
  finance projects authorized by Section 8213.102 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 8213.102 may not exceed one-fourth
  of the assessed value of the real property in the district.
         SECTION 2.  The Brazoria County Utility District No. 62
  includes all the territory contained in the following area:
  TRACT ONE:
  FIELD NOTES FOR A 136.184 ACRE TRACT OF LAND IN THE CHARLES M. HAYES
  SURVEY, ABSTRACT 535 (H.T. & B. RAILROAD COMPANY SURVEY NO. 19)
  BRAZORIA COUNTY, TEXAS BEING A CALLED 140.09 ACRE TRACT, THE HAMIL
  FOUNDATION RECORDED IN 99-056005, OFFICIAL RECORDS, BRAZORIA
  COUNTY, TEXAS, THE BASE BEARING FOR THE HEREIN DESCRIBED TRACT IS
  THE SOUTH LINE OF THE AFOREMENTIONED 136.184 ACRE TRACT, SAID
  BEARING BEING SOUTH 86 DEGREES 59 MINUTES 14 SECONDS WEST.
  BEGINNING at a 5/8 inch iron rod found on the North right-of-way
  line of F.M. Highway 1462 (100-foot right-of-way) for the Southwest
  corner and PLACE OF BEGINNING of the herein described 136.184 acre
  tract of land, same being a Southeast corner of the adjoining South
  Freeway Ltd. Called 145.764 acre tract recorded in Volume 1186,
  Page 622, Official Records, Brazoria County, Texas;
  THENCE North 02 degrees 02 minutes 41 seconds West along the common
  line of the herein described tract and the aforementioned adjoining
  South Freeway Ltd. Called 145.764 acre tract (called North 02
  degrees 02 minutes 41 seconds West), at 3,050.79 feet pass a 1/2
  inch iron pipe with cap marked "Kalkomey Surveying" set on said line
  and continuing for a total distance, of 3,058.79 feet to a point on
  the centerline of canal for the Northwest corner of the herein
  described 136.184 acre tract, same being on the South line of the
  adjoining Peter Terpstra Trustee called 164.653 acre tract recorded
  in (94)-014323, Official Records, Brazoria County, Texas;
  THENCE North 86 degrees 58 minutes 25 seconds East along the North
  line of the herein described tract being the South line of the
  aforementioned adjoining called 164.653 acre tract (called North 86
  degrees 58 minutes 25 seconds East) for a distance of 1,912.57 feet
  to a point on the centerline of said canal for the Northeast corner
  of the herein described tract, said point being the Northwest
  corner of the State of Texas 0.184 acre (Parcel 152-E) recorded in
  Volume 1142, Page 612, Deed Records, Brazoria County, Texas;
  THENCE South 00 degrees 12 minutes 17 seconds West, 80.13 feet to a
  1/2 inch iron pipe with cap marked "Kalkomey Surveying" set for a
  re-entry corner to the herein described tract;
  THENCE North 86 degrees 58 minutes 25 seconds East, 100.13 feet to a
  1/2 inch iron pipe with cap marked "Kalkomey Surveying" set for the
  Southeast corner of the aforementioned 0.184 acre (Parcel 152-E)
  recorded in Volume 1142, Page 612, Deed Records, Brazoria County,
  Texas, said point being on the existing West right-of-way line of
  Highway 288;
  THENCE South 00 degrees 12 minutes 17 seconds West along the West
  right-of-way line of Highway 288 (called South 00 degrees 12
  minutes 17 seconds West) for a distance of 344.22 feet to a 1/2 inch
  iron pipe with cap marked "Kalkomey Surveying" set at the beginning
  of a curve to the left;
  THENCE around said curve to the left having a central angle of 05
  degrees 30 minutes 57 seconds, a radius of 11,669.16 feet, an arc
  length of 1,123.38 feet and a tangent of 562.12 feet. and a chord
  bearing South 02 degrees 25 minutes 32 seconds East, 1,122.94 feet
  to a concrete monument found at the tangency of said. curve;
  THENCE South 05 degrees 21 minutes 11 seconds East along the West
  right-of-way line of Highway 288 (called South 05 degrees 17
  minutes 42 seconds East, 258.85 feet) for a distance of 256.23 feet
  to a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" set at
  an angle point on said line;
  THENCE South 01 degree 17 minutes 40 seconds East along the West
  right-of-way line of Highway 288 (called South 01 degree 12 minutes
  29 seconds East, 1,031.39 feet) for a distance of 1,031.39 feet to a
  concrete monument found on said line for an angle point;
  THENCE South 42 degrees 48 minutes 11 seconds West along a cut-back
  line of Highway 288 (called South 42 degrees 53 minutes 22 seconds
  West, 287.26 feet) for a distance of 287.74 feet to a concrete
  right-of-way monument found for an angle point;
  THENCE South 86 degrees 53 minutes 31 seconds West along the North
  right-of-way line of Highway 1462 (called South 86 degrees 59
  minutes 14 seconds West, 200.00 feet) for a distance of 169.31 feet
  to a 5/8 inch iron rod found on said line for an angle point;
  THENCE South 48 degrees 09 minutes 54 seconds West along the North
  right-of-way line of Highway 1462, 39.08 feet to a 5/8 inch iron rod
  found on said line for the lower Southwest Corner of the herein
  described 136.184 acre tract of land;
  THENCE South 86 degrees 59 minutes 14 seconds West along the South
  line of said 136.184 acre tract being the North line of F.M. Highway
  1462 (called South 86 degrees 59 minutes 14 seconds West) for a
  distance of 55.28 feet to a 1/2 inch pipe with cap marked "Kalkomey
  Surveying" set at the Southeast corner of the Houston Light & Power
  Company called 0.434 acre tract of land recorded in Volume 1707,
  Page 383, Official Records, Brazoria County, Texas;
  THENCE North 03 degrees 32 minutes 14 seconds West along the East
  line of said 0.434 acre tract, at 385.96 feet pass a 1/2 inch iron
  pipe with cap marked "Kalkomey Surveying" set at the Southeast
  corner of the Houston Light & Power Company called 3.099 acre tract
  (Tract II) recorded in Volume 1707, Page 383, Official Records,
  Brazoria County, Texas and continuing for a total distance of
  685.96 feet to a concrete nail set at the Northeast corner of said
  Tract II being a re-entry corner to the herein described tract;
  THENCE South 86 degrees 25 minutes 05 seconds West along the North
  line of said Houston Light & Power Company tract, 450.00 feet to a
  concrete nail set in a concrete pad for the Northwest corner of the
  aforementioned Houston Light & Power Company Tract II for a
  re-entry corner to the herein described tract;
  THENCE South 03 degrees 32 minutes 14 seconds East along the West
  line of said Houston Light & Power Company Tract II, 300.00 feet to
  a concrete nail set a re-entry corner to the herein described tract;
  THENCE North 86 degrees 25 minutes 04 seconds East along the South
  line of the aforementioned Houston Light & Power Company Tract II,
  400 feet to a 1/2 inch iron pipe with cap marked "Kalkomey
  Surveying" set at the Northwest corner of the Houston Light & Power
  Company Tract I;
  THENCE South 03 degrees 32 minutes 14 seconds East along the West
  line of the aforementioned Houston Light & Power Company Tract I,
  385.46 feet to a 1/2 inch iron pipe with cap marked "Kalkomey
  Surveying" set at the Southwest corner of the aforementioned
  Houston Light & Power Company Tract I;
  THENCE South 86 degrees 59 minutes 14 seconds West along the South
  line of the herein described tract being the North line of F.M.
  Highway 1462 (100-foot right-of-way) for a distance of 1,497.21
  feet to the PLACE OF BEGINNING and containing 136.184 acres of land,
  more or less.
  TRACT TWO:
  145.7642 acres of land, more or less, on the West 1/2 of the East 1/2
  of Section 10 of the H. T. & B. R. R. Survey, Abstract 535, Brazoria
  County, Texas, with said tract being more particularly described by
  metes and bounds as follows:
  COMMENCING at an iron rod set in concrete marking the Southwest
  corner of State Highway #288 acquisition as recorded in Volume 509,
  Page 24 of the Deed Records of Brazoria County, Texas, with said
  iron rod also being located in the North right-of-way line of F. M.
  Road 1462;
  THENCE South 86 deg. 59 min. 14 sec. West along the North
  right-of-way line of F. M. Road 1462 a distance of 1602.23 feet to
  an iron rod set in concrete marking the Southeast corner of this
  tract and the POINT OF BEGINNING:
  THENCE continuing along the North right-of-way line of F. M. Road
  1462 South 86 deg. 57 min. 07 sec. West a distance of 2075.45 feet to
  a 1-1/4" iron pipe marking the Southwest corner of this tract;
  THENCE North 02 deg. 02 min. 41 sec. West a distance of 3066.01 feet
  to a 1-1/4" iron pipe marking the Northwest corner of this tract;
  THENCE North 87 deg. 22 min. 27 sec. East a distance of 1330.55 feet
  to a concrete monument marking a point of intersection;
  THENCE North 86 deg. 45 min. 09 sec. East a distance of 744.81 feet
  to a. 1-1/4" iron pipe marking the Northeast corner of this tract;
  THENCE South 02 deg. 02 min. 41 sec. East a distance of 3058.79 feet
  to the POINT OF BEGINNING.
         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. 4031 was passed by the House on May 8,
  2007, by the following vote:  Yeas 146, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4031 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor