By: Lindsay S.B. No. 1776
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Harris County Municipal Utility
1-4 District No. 387.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) A conservation and reclamation
1-7 district, to be known as the Harris County Municipal Utility
1-8 District No. 387, is created in Harris County, subject to approval
1-9 at a confirmation election under Section 10 of this Act. The
1-10 district is a governmental agency and a body politic and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution.
1-14 SECTION 2. DEFINITION. In this Act, "district" means the
1-15 Harris County Municipal Utility District No. 387.
1-16 SECTION 3. BOUNDARIES. The district includes the territory
1-17 contained within the following area:
1-18 A tract or parcel of land containing 200.000 acres (8,712,000
1-19 square feet) of land out of the Andrew Lawson Survey, Abstract No.
1-20 509, Harris County, Texas, said 200.000 acres being more
1-21 particularly described by metes and bounds as follows with all
1-22 control referred to the 1927 Texas State Plane Coordinate System,
1-23 Lambert Projection, South Central Zone;
1-24 BEGINNING at an axle found at the northwest corner of the John
1-25 Brock Survey, Abstract No. 122, also being the northeast corner of
2-1 the Isaac Bunker Survey, Abstract No. 120, lying in the south line
2-2 of the Andrew Lawson Survey, Abstract No. 509, having a Texas State
2-3 Plane Coordinate Value of X = 3,097,761.69 (E), Y = 853,817.96 (N);
2-4 THENCE SOUTH 87 degrees 55 minutes 09 seconds WEST, 349.81 feet to
2-5 a southerly corner of the herein described tract;
2-6 THENCE SOUTH 87 degrees 56 minutes 12 seconds WEST, 1,074.17 feet
2-7 to a southerly corner of the herein described tract;
2-8 THENCE SOUTH 87 degrees 58 minutes 18 seconds WEST, 515.87 feet to
2-9 a southerly corner of the herein described tract;
2-10 THENCE SOUTH 87 degrees 53 minutes 15 seconds WEST, 396.54 feet to
2-11 a southerly corner of the herein described tract;
2-12 THENCE SOUTH 87 degrees 56 minutes 45 seconds WEST, 649.93 feet to
2-13 a southerly corner of the herein described tract;
2-14 THENCE SOUTH 87 degrees 54 minutes 54 seconds WEST, 124.30 feet to
2-15 the southwest corner of the herein described tract;
2-16 THENCE NORTH 02 degrees 03 minutes 51 seconds WEST, 1,999.94 feet
2-17 to the northwest corner of the herein described tract;
2-18 THENCE NORTH 88 degrees 04 minutes 16 seconds EAST, 4,372.62 feet
2-19 to the northeast corner of the herein described tract;
2-20 THENCE SOUTH 01 degrees 34 minutes 50 seconds EAST, 2,000.08 feet
2-21 to the southeast corner of the herein described tract;
2-22 THENCE SOUTH 88 degrees 27 minutes 01 seconds WEST, 211.70 feet to
2-23 a southerly corner of the herein described tract;
2-24 THENCE SOUTH 88 degrees 25 minutes 09 seconds WEST, 312.27 feet to
2-25 a southerly corner of the herein described tract;
2-26 THENCE SOUTH 88 degrees 24 minutes 13 seconds WEST, 721.18 feet to
3-1 the POINT OF BEGINNING, containing 200.000 acres (8,712,000 square
3-2 feet) of land.
3-3 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
3-4 finds that the boundaries and field notes of the district form a
3-5 closure. A mistake in the field notes or in copying the field
3-6 notes in the legislative process does not affect the organization,
3-7 existence, or validity of the district, the validity of its bonds,
3-8 notes, or other indebtedness, the right of the district to levy and
3-9 collect taxes, or the legality or operation of the district or its
3-10 governing body.
3-11 SECTION 5. FINDING OF BENEFIT. All of the land and other
3-12 property included within the boundaries of the district will be
3-13 benefited by the works and projects that are to be accomplished by
3-14 the district under powers conferred by Section 59, Article XVI,
3-15 Texas Constitution. The district is created to serve a public use
3-16 and benefit.
3-17 SECTION 6. POWERS. (a) The district has all of the rights,
3-18 powers, privileges, authority, functions, and duties provided by
3-19 the general law of this state, including Chapters 49, 50, and 54,
3-20 Water Code, applicable to municipal utility districts created under
3-21 Section 59, Article XVI, Texas Constitution. This Act prevails
3-22 over any provision of general law that is in conflict or
3-23 inconsistent with this Act.
3-24 (b) The rights, powers, privileges, authority, functions,
3-25 and duties of the district are subject to the continuing right of
3-26 supervision of the state to be exercised by and through the Texas
4-1 Natural Resource Conservation Commission.
4-2 (c) The district may not impose an impact fee or assessment
4-3 on the property, equipment, rights of way, facilities, or
4-4 improvements of an electric utility or a power generation company
4-5 as defined by Section 31.002, Utilities Code, or a gas utility as
4-6 defined by Section 101.003 or 121.001, Utilities Code.
4-7 SECTION 7. RELOCATION OF FACILITIES. The district may
4-8 relocate, raise, reroute, change the grade of, or alter the
4-9 construction of a highway, railroad, electric transmission line,
4-10 pipeline, canal, or drainage ditch if considered necessary by the
4-11 board of directors. The district shall pay for any relocation,
4-12 raising, rerouting, changing, or altering under this section unless
4-13 otherwise agreed in writing by the interested parties. If a
4-14 facility is replaced, the cost of replacement is limited to an
4-15 amount equal to the cost of replacing the facility with a
4-16 comparable facility, less the replaced facility's net salvage
4-17 value.
4-18 SECTION 8. BOARD OF DIRECTORS. (a) The district is
4-19 governed by a board of five directors.
4-20 (b) Temporary directors serve until initial directors are
4-21 elected under Section 10 of this Act.
4-22 (c) Initial directors serve until permanent directors are
4-23 elected under Section 11 of this Act.
4-24 (d) Permanent directors serve staggered four-year terms.
4-25 (e) Each director must qualify to serve as director in the
4-26 manner provided by Section 49.055, Water Code.
5-1 (f) A director serves until the director's successor has
5-2 qualified.
5-3 SECTION 9. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On or
5-4 after the effective date of this Act, a person who owns land
5-5 included in the district may petition the Texas Natural Resource
5-6 Conservation Commission to appoint the five temporary directors
5-7 listed in the petition. The commission shall appoint the directors
5-8 listed in the petition. If the commission receives more than one
5-9 petition under this subsection, the commission shall appoint the
5-10 directors listed in the first petition the commission receives.
5-11 (b) A person appointed to be a temporary director shall take
5-12 the oath of office as soon as practicable.
5-13 (c) If an appointee of the commission fails to qualify or if
5-14 a vacancy occurs in the office of temporary director, the Texas
5-15 Natural Resource Conservation Commission shall appoint an
5-16 individual to fill the vacancy.
5-17 (d) As soon as all temporary directors have qualified, the
5-18 directors shall meet and elect officers from among their
5-19 membership.
5-20 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
5-21 (a) The temporary board of directors shall call and hold an
5-22 election to confirm establishment of the district and to elect five
5-23 initial directors as provided by Chapter 49, Water Code.
5-24 (b) Section 41.001(a), Election Code, does not apply to a
5-25 confirmation and initial directors' election held as provided by
5-26 this section.
6-1 SECTION 11. ELECTION OF DIRECTORS. (a) On the first
6-2 Saturday in May of the first even-numbered year after the year in
6-3 which the district is authorized to be created at a confirmation
6-4 election, an election shall be held in the district for the
6-5 election of two directors to serve two-year terms and three
6-6 directors to serve four-year terms.
6-7 (b) The board of directors by order may postpone the
6-8 election date for two years if:
6-9 (1) the election will occur within 60 days after the
6-10 date on which the confirmation election is held; or
6-11 (2) the board determines that there is not sufficient
6-12 time to comply with the requirements of law and to order the
6-13 election.
6-14 (c) On the first Saturday in May of each even-numbered year
6-15 following the first election held under this section, the
6-16 appropriate number of directors shall be elected.
6-17 SECTION 12. COMPLIANCE WITH CITY ORDINANCE OR RESOLUTION.
6-18 Subject to the limitations of Section 54.016, Water Code, the
6-19 district shall comply with all valid and applicable requirements of
6-20 any ordinance or resolution adopted by the city council of the City
6-21 of Houston, including an ordinance or resolution adopted before the
6-22 effective date of this Act, that consents to the creation of the
6-23 district or to the inclusion of lands within the district.
6-24 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
6-25 (a) The proper and legal notice of the intention to introduce this
6-26 Act, setting forth the general substance of this Act, has been
7-1 published as provided by law, and the notice and a copy of this Act
7-2 have been furnished to all persons, agencies, officials, or
7-3 entities to which they are required to be furnished by the
7-4 constitution and other laws of this state, including the governor,
7-5 who has submitted the notice and a copy of the Act to the Texas
7-6 Natural Resource Conservation Commission.
7-7 (b) The Texas Natural Resource Conservation Commission has
7-8 filed its recommendations relating to this Act with the governor,
7-9 lieutenant governor, and speaker of the house of representatives
7-10 within the required time.
7-11 (c) All requirements of the constitution and laws of this
7-12 state and the rules and procedures of the legislature with respect
7-13 to the notice, introduction, and passage of this Act are fulfilled
7-14 and accomplished.
7-15 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
7-16 takes effect September 1, 2001.
7-17 (b) If the creation of the district is not confirmed at a
7-18 confirmation election held under Section 10 of this Act before
7-19 September 1, 2003, this Act expires on that date.