1-1 By: Lindsay S.B. No. 1775 1-2 (In the Senate - Filed March 22, 2001; March 26, 2001, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; April 17, 2001, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 7, Nays 0; 1-6 April 17, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1775 By: Lindsay 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation, administration, powers, duties, 1-11 operation, and financing of the Harris County Municipal Utility 1-12 District No. 386. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. CREATION. (a) A conservation and reclamation 1-15 district, to be known as the Harris County Municipal Utility 1-16 District No. 386, is created in Harris County, subject to approval 1-17 at a confirmation election under Section 10 of this Act. The 1-18 district is a governmental agency and a body politic and corporate. 1-19 (b) The district is created under and is essential to 1-20 accomplish the purposes of Section 59, Article XVI, Texas 1-21 Constitution. 1-22 SECTION 2. DEFINITION. In this Act, "district" means the 1-23 Harris County Municipal Utility District No. 386. 1-24 SECTION 3. BOUNDARIES. The district includes the territory 1-25 contained within the following area: 1-26 A tract or parcel of land containing 200.000 acres (8,712,000 1-27 square feet) of land out of the Andrew Lawson Survey, Abstract No. 1-28 509, Harris County, Texas, said 200.000 acres being more 1-29 particularly described by metes and bounds as follows with all 1-30 control referred to the 1927 Texas State Plane Coordinate System, 1-31 Lambert Projection, South Central Zone; 1-32 COMMENCING at an axle found at the northwest corner of the John 1-33 Brock Survey, Abstract No. 122, also being the northeast corner of 1-34 the Isaac Bunker Survey, Abstract No. 120, lying in the south line 1-35 of the Andrew Lawson Survey, Abstract No. 509, having a Texas State 1-36 Plane Coordinate Value of X = 3,097,761.69 (E), Y = 853,817.96 (N); 1-37 THENCE NORTH 88 degrees 24 minutes 13 seconds EAST, 721.18 feet to 1-38 a point; 1-39 THENCE NORTH 88 degrees 25 minutes 09 seconds EAST, 312.27 feet to 1-40 a point; 1-41 THENCE NORTH 88 degrees 27 minutes 01 seconds EAST, 211.70 feet to 1-42 the POINT OF BEGINNING and the southwest corner of the herein 1-43 described tract; 1-44 THENCE NORTH 01 degrees 34 minutes 50 seconds WEST, 2,000.08 feet 1-45 to the northwest corner of the herein described tract; 1-46 THENCE NORTH 88 degrees 25 minutes 10 seconds EAST, 4,355.60 feet 1-47 to the northeast corner of the herein described tract; 1-48 THENCE SOUTH 01 degrees 50 minutes 48 seconds EAST, 91.63 feet to a 1-49 5/8" iron rod found at an easterly corner of the herein described 1-50 tract, lying in the east line of said Andrew Lawson Survey, A-509, 1-51 also being the west line of the James Cooper Survey Abstract No. 1-52 189; 1-53 THENCE SOUTH 01 degrees 42 minutes 18 seconds EAST, 729.98 feet to 1-54 an easterly corner of the herein described tract; 1-55 THENCE SOUTH 01 degrees 42 minutes 23 seconds EAST, 1,178.56 feet 1-56 to a 1-inch iron pipe found at the southeast corner of said Andrew 1-57 Lawson Survey, A-509, also being the southeast corner of the herein 1-58 described tract; 1-59 THENCE SOUTH 88 degrees 25 minutes 10 seconds WEST, 1,356.53 feet 1-60 to a southerly corner of the herein described tract; 1-61 THENCE SOUTH 88 degrees 27 minutes 17 seconds WEST, 661.31 feet to 1-62 a southerly corner of the herein described tract; 1-63 THENCE SOUTH 88 degrees 24 minutes 42 seconds WEST, 2,340.36 feet 1-64 to the POINT OF BEGINNING, containing 200.000 acres (8,712,000 2-1 square feet) of land. 2-2 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature 2-3 finds that the boundaries and field notes of the district form a 2-4 closure. A mistake in the field notes or in copying the field 2-5 notes in the legislative process does not affect the organization, 2-6 existence, or validity of the district, the validity of its bonds, 2-7 notes, or other indebtedness, the right of the district to levy and 2-8 collect taxes, or the legality or operation of the district or its 2-9 governing body. 2-10 SECTION 5. FINDING OF BENEFIT. All of the land and other 2-11 property included within the boundaries of the district will be 2-12 benefited by the works and projects that are to be accomplished by 2-13 the district under powers conferred by Section 59, Article XVI, 2-14 Texas Constitution. The district is created to serve a public use 2-15 and benefit. 2-16 SECTION 6. POWERS. (a) The district has all of the rights, 2-17 powers, privileges, authority, functions, and duties provided by 2-18 the general law of this state, including Chapters 49, 50, and 54, 2-19 Water Code, applicable to municipal utility districts created under 2-20 Section 59, Article XVI, Texas Constitution. This Act prevails 2-21 over any provision of general law that is in conflict or 2-22 inconsistent with this Act. 2-23 (b) The rights, powers, privileges, authority, functions, 2-24 and duties of the district are subject to the continuing right of 2-25 supervision of the state to be exercised by and through the Texas 2-26 Natural Resource Conservation Commission. 2-27 (c) The district may not impose an impact fee or assessment 2-28 on the property, equipment, rights of way, facilities, or 2-29 improvements of an electric utility or a power generation company 2-30 as defined by Section 31.002, Utilities Code, or a gas utility as 2-31 defined by Section 101.003 or 121.001, Utilities Code. 2-32 SECTION 7. RELOCATION OF FACILITIES. The district may 2-33 relocate, raise, reroute, change the grade of, or alter the 2-34 construction of a highway, railroad, electric transmission line, 2-35 pipeline, canal, or drainage ditch if considered necessary by the 2-36 board of directors. The district shall pay for any relocation, 2-37 raising, rerouting, changing, or altering under this section, 2-38 unless otherwise agreed in writing by the interested parties. If a 2-39 facility is replaced, the cost of replacement is limited to an 2-40 amount equal to the cost of replacing the facility with a 2-41 comparable facility, less the replaced facility's net salvage 2-42 value. 2-43 SECTION 8. BOARD OF DIRECTORS. (a) The district is 2-44 governed by a board of five directors. 2-45 (b) Temporary directors serve until initial directors are 2-46 elected under Section 10 of this Act. 2-47 (c) Initial directors serve until permanent directors are 2-48 elected under Section 11 of this Act. 2-49 (d) Permanent directors serve staggered four-year 2-50 terms. 2-51 (e) Each director must qualify to serve as director in the 2-52 manner provided by Section 49.055, Water Code. 2-53 (f) A director serves until the director's successor has 2-54 qualified. 2-55 SECTION 9. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On or 2-56 after the effective date of this Act, a person who owns land 2-57 included in the district may petition the Texas Natural Resource 2-58 Conservation Commission to appoint the five temporary directors 2-59 listed in the petition. The commission shall appoint the directors 2-60 listed in the petition. If the commission receives more than one 2-61 petition under this subsection, the commission shall appoint the 2-62 directors listed in the first petition the commission receives. 2-63 (b) A person appointed to be a temporary director shall take 2-64 the oath of office as soon as practicable. 2-65 (c) If an appointee of the commission fails to qualify or if 2-66 a vacancy occurs in the office of temporary director, the Texas 2-67 Natural Resource Conservation Commission shall appoint an 2-68 individual to fill the vacancy. 2-69 (d) As soon as all temporary directors have qualified, the 3-1 directors shall meet and elect officers from among their 3-2 membership. 3-3 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 3-4 (a) The temporary board of directors shall call and hold an 3-5 election to confirm establishment of the district and to elect five 3-6 initial directors as provided by Chapter 49, Water Code. 3-7 (b) Section 41.001(a), Election Code, does not apply to a 3-8 confirmation and initial directors' election held as provided by 3-9 this section. 3-10 SECTION 11. ELECTION OF DIRECTORS. (a) On the first 3-11 Saturday in May of the first even-numbered year after the year in 3-12 which the district is authorized to be created at a confirmation 3-13 election, an election shall be held in the district for the 3-14 election of two directors to serve two-year terms and three 3-15 directors to serve four-year terms. 3-16 (b) The board of directors by order may postpone the 3-17 election date for two years if: 3-18 (1) the election will occur within 60 days after the 3-19 date on which the confirmation election is held; or 3-20 (2) the board determines that there is not sufficient 3-21 time to comply with the requirements of law and to order the 3-22 election. 3-23 (c) On the first Saturday in May of each even-numbered year 3-24 following the first election held under this section, the 3-25 appropriate number of directors shall be elected. 3-26 SECTION 12. COMPLIANCE WITH CITY ORDINANCE OR RESOLUTION. 3-27 Subject to the limitations of Section 54.016, Water Code, the 3-28 district shall comply with all valid and applicable requirements of 3-29 any ordinance or resolution adopted by the city council of the City 3-30 of Houston, including an ordinance or resolution adopted before the 3-31 effective date of this Act, that consents to the creation of the 3-32 district or to the inclusion of lands within the district. 3-33 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 3-34 (a) The proper and legal notice of the intention to introduce this 3-35 Act, setting forth the general substance of this Act, has been 3-36 published as provided by law, and the notice and a copy of this Act 3-37 have been furnished to all persons, agencies, officials, or 3-38 entities to which they are required to be furnished by the 3-39 constitution and other laws of this state, including the governor, 3-40 who has submitted the notice and a copy of this Act to the Texas 3-41 Natural Resource Conservation Commission. 3-42 (b) The Texas Natural Resource Conservation Commission has 3-43 filed its recommendations relating to this Act with the governor, 3-44 lieutenant governor, and speaker of the house of representatives 3-45 within the required time. 3-46 (c) All requirements of the constitution and laws of this 3-47 state and the rules and procedures of the legislature with respect 3-48 to the notice, introduction, and passage of this Act are fulfilled 3-49 and accomplished. 3-50 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 3-51 takes effect September 1, 2001. 3-52 (b) If the creation of the district is not confirmed at a 3-53 confirmation election held under Section 10 of this Act before 3-54 September 1, 2003, this Act expires on that date. 3-55 * * * * *