By: Huffman S.B. No. 1483
(In the Senate - Filed March 9, 2009; March 17, 2009, read
first time and referred to Committee on Intergovernmental
Relations; April 28, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
April 28, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1483 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Galveston County Municipal Utility
District No. 76; providing authority to impose a tax and issue
bonds; granting a limited 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 8332 to read as follows:
CHAPTER 8332. GALVESTON COUNTY MUNICIPAL
UTILITY DISTRICT NO. 76
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8332.001. 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. 76.
Sec. 8332.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8332.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8332.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8332.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8332.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution;
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, or improvement of
macadamized, graveled, or paved roads described by Section 54.234,
Water Code, or improvements, including storm drainage, in aid of
those roads; and
(3) a navigation district as provided by general law
and Section 59, Article XVI, Texas Constitution.
Sec. 8332.006. 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 the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 8332.007-8332.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8332.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8332.052, directors serve
staggered four-year terms.
Sec. 8332.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property 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. The
commission shall appoint as temporary directors the five persons
named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8332.003; or
(2) the fourth anniversary of the effective date of the
Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8332.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8332.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the five
persons named in the petition.
[Sections 8332.053-8332.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8332.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8332.102. 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. 8332.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the Texas Commission on Environmental Quality as required by
Section 54.234, Water Code.
Sec. 8332.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8332.103
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 8332.105. CERTAIN NAVIGATION IMPROVEMENTS. The
district has the power to purchase, construct, acquire, own,
operate, maintain, improve, or extend, inside or outside the
district, a canal or other waterway, bulkhead, dock, or other
improvement necessary or convenient to accomplish the purposes of
the district.
Sec. 8332.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 8332.107. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8332.103;
(2) a recreational facility as defined by Section
49.462, Water Code; or
(3) a navigation facility described by Section
8332.105.
[Sections 8332.108-8332.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8332.151. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8332.153.
(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 the district voters voting at an
election held for that purpose.
Sec. 8332.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8332.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8332.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 8332.154-8332.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8332.201. 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, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8332.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8332.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Galveston County Municipal Utility District
No. 76 initially includes all the territory contained in the
following area:
TRACT I:
All that certain 94.0 acres of land, more or less, being
partially out of and a part of Lots 493 - 494, and intervening 50
foot wide roadways (closed and abandoned in Volume 2263, Pages 767,
770, and 773, Galveston County Deed Records), in the TRIMBLE AND
LINDSEY SURVEY OF GALVESTON ISLAND, SECTION ONE, and partially out
of and a part of Lots 8 - 9, 12 - 13, 28 - 29, 32 - 33, 49, 52, and
intervening 50 foot wide roadways (closed and abandoned in Volume
2263, Pages 767, 770, and 773, Galveston County Deed Records), in
the TRIMBLE AND LINDSEY SURVEY OF GALVESTON ISLAND, SECTION TWO,
and said 94.0 acres being more particularly described by metes and
bounds as follows:
COMMENCING at the point of intersection for the Southwesterly
line of 8-Mile Road, a 50 foot wide public roadway right-of-way, and
the Northwesterly line of Sportsman Road, a 100 foot wide public
roadway (as occupied), and being at the Northeasterly line of said
Lot 49;
THENCE N 2500'00" W, along the Southwesterly line of said
8-Mile Road and the Northeasterly line of said Lot 49, a distance of
100.00 feet to the POINT OF BEGINNING;
THENCE S 6500'00" W, a distance of 100.00 feet to a point for
corner;
THENCE S 2500'00" E, a distance of 50.00 feet to a point for
corner;
THENCE S 6500'00" W, a distance of 50.00 feet to a point for
corner;
THENCE S 2500'00" E, a distance of 50.00 feet to a point for
corner, said point being at the Northwesterly line of said
Sportsman Road;
THENCE S 6500'00" W, along the Northwesterly line of said
Sportsman Road, a distance of 290.00 feet to a point for corner;
THENCE N 2500'00" W, a distance of 543.47 feet to a point for
corner and being at the Southeasterly Meander Line of Mean High
Water for West Galveston Bay as determined on October 1, 2007, and
shown on survey by William E. Merten, LSLS;
THENCE generally in a Northeasterly direction, along the said
Southeasterly Meander Line of Mean High Water, the following
courses and distances:
N 5140'03" E, 167.74 feet to a point for angle to the
left;
N 4238'41" E, 36.00 feet to a point for angle to the
right;
N 4924'38" E, 45.32 feet to a point for angle to the
right;
N 5451'52" E, 36.32 feet to a point for angle to the
right;
N 7133'09" E, 108.24 feet to a point for angle to the
right;
N 8607'04" E, 113.71 feet to a point for angle to the
right;
S 7430'24" E, 49.36 feet to a point for angle to the
left;
S 8157'01" E, 52.45 feet to a point for angle to the
left;
S 8927'17" E, 49.93 feet to a point for angle to the
left;
N 8743'18" E, 75.98 feet to a point for angle to the
left;
N 7044'28" E, 61.99 feet to a point for angle to the
left;
N 0852'18" E, 45.82 feet to a point for angle to the
right;
N 5056'26" E, 66.99 feet to a point for angle to the
left;
N 4350'05" E, 267.40 feet to a point for angle to the
right;
N 6540'59" E, 52.31 feet to a point for angle to the
left;
N 3553'07" E, 54.23 feet to a point for angle to the
left;
N 3400'27" E, 50.32 feet to a point for angle to the
right;
N 5356'40" E, 60.77 feet to a point for angle to the
right;
S 6746'17" E, 39.46 feet to a point for angle to the
left;
N 6835'12" E, 64.04 feet to a point for angle to the
left;
N 1209'44" E, 59.62 feet to a point for angle to the
left;
N 3030'28" W, 51.17 feet to a point for angle to the
right;
N 3252'16" E, 66.62 feet to a point for angle to the
left;
N 2303'13" E, 47.19 feet to a point for angle to the
right;
N 4859'46" E, 34.38 feet to a point for angle to the
right;
N 6341'11" E, 93.85 feet to a point for angle to the
right;
N 6429'03" E, 84.09 feet to a point for angle to the
right;
N 8611'31" E, 103.40 feet to a point for angle to the
left;
N 7307'13" E, 81.54 feet to a point for angle to the
left;
N 6438'05" E, 85.88 feet to a point for angle to the
left;
N 4407'54" E, 156.85 feet to a point for angle to the
right;
N 5954'17" E, 72.93 feet to a point for angle to the
left; and,
N 5537'46" E, 43.92 feet to a point for corner and being
at the common line for said Lot 493 and Lot 490 of said SECTION ONE;
THENCE S 2500'00" E, leaving the said Southeasterly Meander
Line of Mean High Water, along the Northeasterly line of said Lot
493 and the Southwesterly line of said Lot 490, a distance of
2,005.31 feet to a point for corner;
THENCE S 3158'38" W, a distance of 284.15 feet to a point for
corner;
THENCE S 6100'34" E, a distance of 208.20 feet to a point for
corner;
THENCE S 2859'26" W, a distance of 60.00 feet to a point for
corner;
THENCE N 6100'34" W, a distance of 215.85 feet to a point for
corner;
THENCE S 4534'49" W, a distance of 658.78 feet to a point for
angle to the right;
THENCE S 5117'37" W, a distance of 266.07 feet to a point for
angle to the right;
THENCE S 5717'39" W, a distance of 275.04 feet to a point for
angle to the right;
THENCE S 6500'00" W, a distance of 306.38 feet to a point for
corner at the Northeasterly line of said 8-Mile Road, same being the
Southwesterly line of said Lot 33;
THENCE N 2500'00" W, along the Northeasterly line of said
8-Mile Road and the Southwesterly line of said Lots 33 and 32 of
said SECTION TWO, a distance of 2,176.41 feet to a point for corner
at the most Northwesterly terminus of said 8-Mile Road;
THENCE S 6500'00" W, along the Northwesterly terminus of said
8-Mile Road, a distance of 50.00 feet to a point for corner and
being at the Northeasterly line of said Lot 49;
THENCE S 2500'00" E, along the Southwesterly line of said
8-Mile Road, same being the Northeasterly line of said Lot 49, a
distance of 280.82 feet to the POINT OF BEGINNING and containing
within said boundaries a calculated area of 94.0 acres of land, more
or less.
TRACT II:
All that certain 6.6 acres of land, more or less, being out of
and a part of Lot 49, in the TRIMBLE AND LINDSEY SURVEY OF GALVESTON
ISLAND, SECTION TWO, and further including all of Lots 1 - 3 and
Lots 11 - 14 of ANDERSON WAY'S ADDITION NO. ONE (1), a subdivision
in Galveston County, Texas, according to the map or plat thereof
recorded in Volume 254-A, Page 78, and transferred to Volume 11,
Page 20, both of the Map Records in the Office of the County Clerk of
Galveston County, Texas, and said 6.6 acres being more particularly
described by metes and bounds as follows:
BEGINNING at the point of intersection for the Southwesterly
line of 8-Mile Road, a 50 foot wide public roadway right-of-way, and
the Southeasterly line of Sportsman Road, a 100 foot wide public
roadway (as occupied), same being the North corner of said Lot 1,
and being at the Northeasterly line of said Lot 49;
THENCE S 2500'00" E, along the Southwesterly line of said
8-Mile Road, same being the Northeasterly line of said Lot 49 and
Lots 1 - 3, a distance of 150.00 feet to a point for corner;
THENCE S 6500'00" W, along the Southeasterly line of said Lot
3, a distance of 100.00 feet to a point for corner;
THENCE S 2500'00" E, along the Southwesterly line of Lots 4 -
10 of said ANDERSON WAY'S ADDITION NUMBER ONE (1), a distance of
350.00 feet to a point for corner, same being the West corner of
said Lot 11;
THENCE N 6500'00" E, along the Northwesterly line of said Lot
11, a distance of 100.00 feet to a point for corner at the
Southwesterly line of said 8-Mile Road, same being the
Northeasterly line of said Lot 49;
THENCE S 2500'00" E, along the Southwesterly line of said
8-Mile Road, same being the Northeasterly line of said Lot 49 and
said Lots 11 - 14, a distance of 200.00 feet to a point for corner;
THENCE S 6500'00" W, along the Southeasterly line of said Lot
14, a distance of 100.00 feet to a point for corner;
THENCE S 2500'00" E, along the Southwesterly line of Lots 15
- 22 of said ANDERSON WAY'S ADDITION NUMBER ONE (1), a distance of
400.00 feet to a point for corner and being at the Southeasterly
line of said Lot 49, same being the Northwesterly line of Lot 48 of
said SECTION TWO;
THENCE S 6500'00" W, along the common line for said Lots 48
and 49, a distance of 230.00 feet to a point for corner, same being
the common corner for said Lots 48 and 49 and Lots 52 and 53 of said
SECTION TWO;
THENCE N 2500'00" W, along the common line for said Lots 49
and 52, a distance of 1,100.00 feet to a point for corner at the
Southeasterly line of said Sportsman Road;
THENCE N 6500'00" E, along the Southeasterly line of said
Sportsman Road, a distance of 330.00 feet to the POINT OF BEGINNING
and containing within said boundaries a calculated area of 6.6
acres of land, 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 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, 2009.
* * * * *