S.B. No. 1997
 
 
 
 
AN ACT
  relating to the creation of the Galveston County Municipal Utility
  District No. 65; 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 8216 to read as follows:
  CHAPTER 8216. GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 65
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8216.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Galveston County Municipal
  Utility District No. 65.
         Sec. 8216.002.  NATURE OF DISTRICT. (a)  The district is a
  municipal utility district created under and essential to
  accomplish the purposes of Section 59, Article XVI, Texas
  Constitution.
         (b)  The district, to the extent authorized by Section
  8216.103 and Section 52, Article III, Texas Constitution, has road
  powers.
         Sec. 8216.003.  CONFIRMATION ELECTION REQUIRED. The board
  shall hold an election to confirm the creation of the district as
  provided by Section 49.102, Water Code.
         Sec. 8216.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All
  land and other property in the district will benefit from the
  improvements and services to be provided by the district.
         Sec. 8216.005.  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 in the
  field notes or in copying the field notes in the legislative process
  does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bond for a purpose for
  which the district is created or to pay the principal of and
  interest on the bond;
               (3)  right to impose an assessment or tax; or
               (4)  legality or operation.
  [Sections 8216.006-8216.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8216.051.  GOVERNING BODY; TERMS. (a)  The district is
  governed by a board of five elected directors.
         (b)  Directors serve staggered four-year terms.
         Sec. 8216.052.  INITIAL DIRECTORS. (a)  The initial board
  consists of:
               (1)  Kristina Lanningham;
               (2)  Cynthia Mesusan;
               (3)  Larry M. Flores;
               (4)  Richard R. Gumke; and
               (5)  Sandra Erickson.
         (b)  Unless the initial board agrees otherwise, the initial
  directors 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.
         (c)  This section expires September 1, 2014.
  [Sections 8216.053-8216.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8216.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8216.102.  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. 8216.103.  ROAD PROJECTS. (a)  Under Section 52,
  Article III, Texas Constitution, the district may finance,
  construct, or acquire a road project as provided by this section.
         (b)  The district shall employ, or contract with, a licensed
  engineer to certify whether a proposed road project meets the
  criteria for a thoroughfare, arterial, or collector road of:
               (1)  a county in whose jurisdiction the proposed road
  project is located; or
               (2)  a municipality in whose corporate limits or
  extraterritorial jurisdiction the proposed road project is
  located.
         (c)  The district may finance, construct, or acquire a road
  that has been certified by the licensed engineer as a thoroughfare,
  arterial, or collector road, or any improvements in aid of the
  certified road.
         (d)  A road project must meet all applicable standards,
  regulations, ordinances, or orders of:
               (1)  each municipality in whose corporate limits or
  extraterritorial jurisdiction the road project is located; and
               (2)  each county in which the road project is located if
  the road project is not located in the corporate limits of a
  municipality.
         (e)  The district may, with the consent of the municipality
  or county, convey a completed road project to:
               (1)  a municipality in whose corporate limits or
  extraterritorial jurisdiction the road project is located; or
               (2)  a county in which the road project is located.
         Sec. 8216.104.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
  OR RESOLUTION. The district shall comply with all applicable
  requirements of any ordinance or resolution, adopted by the
  governing body of a municipality under Section 54.016, Water Code,
  that consents to the creation of the district or to the inclusion of
  land in the district.
         Sec. 8216.105.  NAVIGATION DISTRICT POWERS. (a)   The
  district has the powers provided by the general law of this state,
  including Chapters 60 and 62, Water Code, applicable to navigation
  districts created under Section 59, Article XVI, Texas
  Constitution.
         (b)  The district may purchase, construct, acquire, own,
  operate, maintain, improve, or extend, inside or outside the
  district, a canal, waterway, bulkhead, dock, or other improvement
  necessary or convenient to accomplish the navigation purposes of
  the district.
  [Sections 8216.106-8216.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8216.151.  ELECTIONS REGARDING TAXES OR BONDS.
  (a)  The district may issue, without an election, bonds and other
  obligations secured by revenue or contract payments from a source
  other than ad valorem taxation.
         (b)  The district must hold an election in the manner
  provided by Chapters 49 and 54, Water Code, to obtain voter approval
  before the district may impose an ad valorem tax or issue bonds
  payable from ad valorem taxes.
         (c)  The district may not issue bonds payable from ad valorem
  taxes to finance a road project unless the issuance is approved by a
  vote of a two-thirds majority of district voters voting at an
  election held for that purpose.
         Sec. 8216.152.  OPERATION AND MAINTENANCE TAX. (a)  If
  authorized at an election held under Section 8216.151, the district
  may impose an operation and maintenance tax on taxable property in
  the district as provided by Chapter 49.107, Water Code.
         (b)  The board shall determine the tax rate. The rate may not
  exceed the rate approved at the election.
  [Sections 8216.153-8216.200 reserved for expansion]
  SUBCHAPTER E. BONDS
         Sec.  8216.201.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS.  The district may issue bonds or other obligations
  payable wholly or partly from ad valorem taxes, impact fees,
  revenue, grants, or other district money, or any combination of
  those sources, to pay for any authorized district purpose.
         Sec. 8216.202.  BONDS FOR ROAD PROJECTS. At the time of
  issuance, the total principal amount of a bond, note, or other
  obligation issued or incurred to finance a road project may not
  exceed one-fourth of the assessed value of real property in the
  district according to the most recent certified tax appraisal roll
  for Galveston County.
         Sec. 8216.203.  TAXES FOR BONDS AND OTHER OBLIGATIONS. At
  the time bonds or other obligations payable wholly or partly from ad
  valorem taxes are issued:
               (1)  the board shall impose a continuing direct annual
  ad valorem tax, without limit as to rate or amount, for each year
  that all or part of the bonds are outstanding; and
               (2)  the district annually shall impose an ad valorem
  tax on all taxable property in the district in an amount sufficient
  to:
                     (A)  pay the interest on the bonds or other
  obligations as the interest becomes due;
                     (B)  create a sinking fund for the payment of the
  principal of the bonds or other obligations when due or the
  redemption price at any earlier required redemption date; and
                     (C)  pay the expenses of imposing the taxes.
         SECTION 2.  The Galveston County Municipal Utility District
  No. 65 initially includes all the territory contained in the
  following area:
  A tract of land containing 492.662 acres out of the B.B.B. & C.R.R.
  Survey, Abstract No. 629, and the J.S. Jones Survey, Abstract No.
  129, Galveston County, Texas, being comprised of a 273.547 acre
  tract (Tract "A"), and a 219.115 acre tract (Tract "B"), said
  273.547 acre tract (Tract "A") being the remainder of that certain
  376.289 acre tract described in deed dated May 17, 1924, from Susie
  C. Robinson to Horace L. Thompson recorded in Volume 357, Page 470
  of the Deed Records of Galveston County (D.R.G.C.), said 219.115
  acre tract (Tract "B") being the remainder of a 135.085 acre tract
  also described in the abovementioned deed, and the remainder of a
  97.73 acre tract and a 21.2 acre tract described in deed dated April
  20, 1926, from E.J. Condon to E.E. Townes recorded in Volume 381,
  Page 605 of the D.R.G.C., the remainder of a 5.0 acre tract
  described in deed dated January 4, 1926, from E.J. Condon to E.E.
  Townes, recorded in Volume 381, Page 167 of the D.R.G.C., the
  remainder of a 10.16 acre tract described in deed dated January 12,
  1926, from E.J. Condon to E.E. Townes, recorded in Volume 495, Page
  38 of the D.R.G.C. and being the same 10.16 acre tract dated January
  12, 1926, described in deed from J.D. Taryer to E.E. Townes,
  recorded in Volume 381, Page 161 of the D.R.G.C., said Tract "A" and
  Tract "B" being more particularly described by metes and bounds as
  follows: (All bearings are based on the Texas Coordinate System,
  South Central Zone, NAD 83 (CORS96) as established by GPS
  observations from continuously operating reference stations COH 3,
  TS11 and TXLM)
  273.547 ACRES (TRACT "A")
  BEGINNING at a 3/8-inch iron rod found at the intersection of the
  line dividing the east and west halves of the J.S. Jones Survey,
  Abstract No. 129, and the north right-of-way line of F.M. 517 (80
  feet wide) formerly known as the Dickinson-San Leon County Road,
  being the southwest corner of that certain 135.1988 acre tract
  referred to as "Tract No. 1" in deed to Dickinson Land, L.L.C., as
  recorded under County Clerk's File No. 9963052 of the Official
  Public Records of Real Property of Galveston County
  (O.P.R.R.P.G.C.), and also being the southeast corner of the herein
  described 273.547 acre tract (Tract "A");
  THENCE South 77° 37' 57" West, 2511.18 feet along said north
  right-of-way line to a 5/8-inch iron rod with cap set at the
  southwest corner of the herein described 273.547 acre tract (Tract
  "A"), same being the southeast corner of that certain 21.2440 acre
  tract referred to as "Tract 2" in deed to E. Hopmann, as recorded
  under County Clerk's File No. 2000012494 of the O.P.R.R.P.G.C.;
  THENCE North 02° 06' 25" West, 1,880.12 feet along the common
  boundary line of said 21.2440 acre tract and said 273.547 acre tract
  (Tract "A") to a 5/8-inch iron rod with cap set at a westerly corner
  of the herein described tract;
  THENCE North 01° 54' 40" West, 3,160.60 feet continuing along said
  common boundary line to a 5/8-inch iron rod with cap set at the
  northwest corner of the herein described 273.547 acre tract (Tract
  "A"), and also being an interior corner of said 21.440 acre tract;
  THENCE North 87° 45' 18" East, 431.29 feet along the common line of
  said 21.2440 acre tract to a 1-1/2-inch iron pipe found at a
  northerly corner of the herein described 273.547 acre tract (Tract
  "A"), and the southwest corner of that certain 1.004 acre tract
  conveyed by deed to Ngyen Thanh Toan, as recorded under County
  Clerk's File No. 8741146 of the O.P.R.R.P.G.C.;
  THENCE North 87° 37' 54" East, 2,036.78 feet along the north line of
  said 273.547 acre tract (Tract "A") and with the south line of said
  Ngyen Thanh Toan 1.004 acre tract, the Phillip R. Baldwin tract, and
  a 1.004 acre tract conveyed to Phuc Huu Luu, recorded under County
  Clerk's File No. 8741132 of the O.P.R.R.P.G.C., and another 1.004
  acre tract conveyed to Dickinson Independent School District,
  Trustee, as recorded under County Clerk's File No. 2002059673 of
  the O.P.R.R.P.G.C., and a 1.007 acre tract conveyed to Ba Van To, as
  recorded under County Clerk's File No. 8741137 of the
  O.P.R.R.P.G.C., to a 1-inch iron pipe found at the northwest corner
  of the herein described tract, lying in the west line of the
  aforementioned 135.1988 acre tract;
  THENCE South 02° 00' 35" East, 4,603.74 feet with the common
  boundary line of said 135.1988 acre tract and the herein described
  273.547 acre tract (Tract "A") to the POINT OF BEGINNING,
  containing 273.547 acres (11,915,712 square feet) of land.
  219.115 ACRES (TRACT "B")
  BEGINNING at a 3/8-inch iron rod found at the intersection of the
  line dividing the east and west halves of the J.S. Jones Survey,
  Abstract No. 129, and the south right-of-way line of F.M. 517 (80
  feet wide), formerly known as the Dickinson-San Leon County Road,
  being the northwest corner of that certain 183.5474 acre tract
  referred to as "Tract No. 2" in deed to Dickinson Land, L.L.C., as
  recorded under County Clerk's File No. 9963052 of the Official
  Public Records of Real Property of Galveston County
  (O.P.R.R.P.G.C.), and also being the northeast corner of the herein
  described 219.115 acre tract (Tract "B");
  South 02° 00' 35" East, at 5,101.97 feet passing a 5/8-inch iron rod
  with cap set for reference and continuing for a total distance of
  5,551.97 feet with said dividing line and with the common boundary
  line of said 183.5474 acre tract and the herein described 219.115
  acre tract (Tract "B") to the northerly limits of Dickinson Bayou,
  being the southeast corner of the herein described tract;
  THENCE with the northerly limits and meanders of Dickinson Bayou
  the following courses and distances:
  North 62° 44' 29" West, 79.11 feet to a point;
  North 63° 27' 23" West, 165.55 feet to a point;
  North 48° 29' 22" West, 190.58 feet to a point;
  North 59° 25' 13" West, 225.23 feet to a point;
  North 34° 53' 24" East, 79.20 feet to a point;
  North 57° 14' 47" East, 71.51 feet to a point;
  North 19° 46' 01" East, 93.53 feet to a point;
  North 65° 03' 09" East, 69.38 feet to a point;
  North 54° 57' 59" West, 62.70 feet to a point;
  North 35° 06' 22" West, 52.61 feet to a point;
  North 05° 29' 53" West, 48.90 feet to a point;
  South 55° 51' 23" West, 132.54 feet to a point;
  South 69° 08' 52" West, 77.06 feet to a point;
  South 87° 34' 12" West, 90.14 feet to a point;
  North 63° 18' 31" West, 122.00 feet to a point;
  North 52° 37' 21" West, 53.95 feet to a point;
  North 39° 00' 14" West, 124.84 feet to a point;
  North 37° 00' 46" West, 140.12 feet to a point;
  North 28° 48' 25" West, 183.17 feet to a point;
  North 68° 50' 42" West, 80.53 feet to a point;
  South 83° 18' 14" West, 101.23 feet to a point;
  North 52° 58' 46" West, 52.37 feet to a point;
  North 10° 46' 01" East, 1.52 feet to a point;
  North 66° 34' 38" West, 20.30 feet to a point;
  North 62° 44' 20" West, 19.38 feet to a point;
  North 17° 03' 37" West, 14.90 feet to a point;
  North 31° 14' 44" West, 91.10 feet to a point;
  North 29° 18' 07" West, 111.23 feet to a point;
  North 32° 18' 17" West, 119.46 feet to a point;
  North 36° 31' 30" West, 72.43 feet to a point;
  North 35° 11' 13" West, 50.78 feet to a point;
  North 42° 30' 53" West, 93.57 feet to a point;
  South 86° 45' 52" West, 11.31 feet to a point;
  North 43° 04' 08" West, 36.11 feet to a point;
  North 11° 50' 44" East, 14.29 feet to a point;
  North 37° 07' 31" West, 54.21 feet to a point;
  North 53° 28' 37" West, 94.53 feet to a point;
  North 52° 30' 59" West, 61.18 feet to a point;
  North 86° 47' 20" West, 33.94 feet to a point;
  North 80° 35' 23" West, 16.67 feet to a point;
  North 38° 12' 29" West, 18.66 feet to a point;
  North 79° 25' 31" West, 31.83 feet to a point;
  South 26° 43' 00" West, 14.77 feet to a point;
  South 74° 59' 14" West, 14.75 feet to a point;
  North 75° 53' 07" West, 49.46 feet to a point;
  North 40° 42' 38" West, 20.62 feet to a point;
  North 77° 34' 11" West, 76.16 feet to a point;
  North 71° 38' 03" West, 86.16 feet to a point;
  North 61° 51' 10" West, 86.94 feet to a point;
  North 51° 55' 57" West, 56.28 feet to a point;
  North 42° 04' 45" West, 49.09 feet to a point;
  North 51° 50' 00" West, 52.83 feet to a point;
  North 79° 27' 09" West, 60.68 feet to a point;
  South 71° 25' 59" West, 54.76 feet to a point;
  South 67° 11' 09" West, 70.30 feet to the southwest corner of the
  herein described 219.599 acre tract (Tract "B"), same being the
  southeast corner of that certain 59.804 acre tract conveyed by deed
  to 517 Bayou, L.L.C., as recorded under County Clerk's File No.
  2004054781 of the O.P.R.R.P.G.C.;
  North 02° 04' 55" West along the common boundary line of said 59.804
  acre tract and said 219.115 acre tract (Tract "B"), at 16.09 feet
  passing a found 5/8-inch iron rod, and continuing for a total
  distance of 1,800.16 feet to a 5/8-inch iron rod found at a westerly
  corner of the herein described 219.115 acre tract (Tract "B"), same
  being the southwest corner of that certain 5.0 acre tract conveyed
  by deed to Community Public Service Company, as recorded in Volume
  1651, Page 679 of the Deed Records of Galveston County (D.R.G.C.);
  North 87° 55' 16" East, 657.60 feet to a 5/8-inch iron rod with cap
  set at a westerly interior corner of the herein described 219.115
  acre tract (Tract "B") and at the southeast corner of said 5.0 acre
  tract;
  North 02° 04' 44" West, 1,383.28 feet with the east boundary line of
  said 5.0 acre tract to a 5/8-inch iron rod with cap set in the south
  right-of-way line of the aforementioned F.M. 517, being the
  northwest corner of the herein described 219.115 acre tract (Tract
  "B") and the northeast corner of a tract of land conveyed by deed to
  Robert P. McGuire, as recorded under County Clerk's File No.
  2000044076 of the O.P.R.R.P.G.C.;
  North 77° 42' 17" East, 1,875.03 feet along said south right-of-way
  line to the POINT OF BEGINNING, containing 219.115 acres (9,544,630
  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 immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1997 passed the Senate on
  May 3, 2007, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1997 passed the House on
  May 23, 2007, by the following vote:  Yeas 144, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor