CHAPTER 8148. GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 52 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8148. GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT

NO. 52

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8148.001. DEFINITIONS. In this chapter:

(1) "Board" means the board of directors of the district.

(2) "Director" means a member of the board.

(3) "District" means the Galveston County Municipal Utility

District No. 52.

Added by Acts 2005, 79th Leg., Ch.

439, Sec. 1, eff. June 17, 2005.

Sec. 8148.002. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) All

land and other property included in the district will benefit

from the works and projects to be provided by the district under

powers conferred by Section 59, Article XVI, Texas Constitution.

(b) The district exists to accomplish:

(1) the same purposes as a municipal utility district as

provided by Section 54.012, Water Code;

(2) the same purposes as a navigation district created under

Section 59, Article XVI, Texas Constitution, and operating under

Chapters 60 and 62, Water Code; and

(3) to the extent authorized by Section 52, Article III, Texas

Constitution, the construction, acquisition, improvement,

maintenance, or operation of macadamized, graveled, or paved

roads or turnpikes, or improvements in aid of those roads or

turnpikes, inside the district.

Added by Acts 2005, 79th Leg., Ch.

439, Sec. 1, eff. June 17, 2005.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 8148.051. 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.

Added by Acts 2005, 79th Leg., Ch.

439, Sec. 1, eff. June 17, 2005.

Sec. 8148.052. NAVIGATION POWERS. The district may purchase,

construct, acquire, own, operate, maintain, improve, or extend,

inside and outside the district, canals, waterways, bulkheads,

docks, and any other improvements or facilities necessary or

convenient to accomplish the navigation purposes of the district

authorized by Section 59, Article XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., Ch.

439, Sec. 1, eff. June 17, 2005.

Sec. 8148.053. ROAD PROJECTS. (a) The district may construct,

acquire, improve, maintain, or operate macadamized, graveled, or

paved roads or turnpikes, or improvements in aid of those roads

or turnpikes, inside the district.

(b) A road project must meet all applicable construction

standards, zoning and subdivision requirements, and regulatory

ordinances of the municipality or county in whose jurisdiction

the district is located.

(c) The district may not undertake a road project unless each

municipality or county in whose jurisdiction the district is

located consents by ordinance or resolution.

Added by Acts 2005, 79th Leg., Ch.

439, Sec. 1, eff. June 17, 2005.

Sec. 8148.054. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR

RESOLUTIONS. Subject to the limitations of Section 54.016, Water

Code, the district shall comply with all applicable requirements

of any ordinance or resolution adopted by the city council of the

City of Texas City that consents to the creation of the district

or to the inclusion of lands within the district.

Added by Acts 2005, 79th Leg., Ch.

439, Sec. 1, eff. June 17, 2005.

Sec. 8148.055. LIMITATION ON USE OF EMINENT DOMAIN. The

district may exercise the power of eminent domain outside the

district only to acquire an easement necessary for underground

water, sewage, or drainage facilities that serve the district.

Added by Acts 2005, 79th Leg., Ch.

439, Sec. 1, eff. June 17, 2005.

SUBCHAPTER C. BONDS

Sec. 8148.101. 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 projects under Section

8148.053.

(b) The district may not issue bonds to finance projects

authorized by Section 8148.053 unless the issuance is approved by

a vote of a two-thirds majority of the voters of the district

voting at an election called for that purpose.

(c) Bonds or other obligations issued or incurred to finance

projects authorized by Section 8148.053 may not exceed one-fourth

of the assessed value of the real property in the district.

(d) Sections 49.181 and 49.182, Water Code, do not apply to a

project undertaken by the district under Section 8148.053 or to

bonds issued by the district to finance the project.

Added by Acts 2005, 79th Leg., Ch.

439, Sec. 1, eff. June 17, 2005.