Law:Title 6. Water And Wastewater. Subtitle B. Fresh Water Supply Districts (Texas)

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Subtitle B. Fresh Water Supply Districts

Contents

Chapter 6901. Bayview Municipal Utility District Of Galveston County

Subchapter A. General Provisions

Section  6901.001.  Definitions.

In this chapter:

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

(2)  "District" means the Bayview Municipal Utility District of Galveston County, Texas.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  6901.002.  Nature Of District.

The Bayview Municipal Utility District of Galveston County is:

(1)  a conservation and reclamation district established under Section 59, Article XVI, Texas Constitution; and

(2)  a fresh water supply district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  6901.003.  Declaration And Findings.

(a) The legislature declares that the district is:

(1)  essential to the accomplishment of the purposes of Section 59, Article XVI, Texas Constitution; and

(2)  a municipal corporation.

(b)  The legislature finds that:

(1)  the district is created to serve a public use and benefit; and

(2)  all land and other property included in the district are, and will be, benefited by the creation of the district and the improvements that the district purchases, constructs, or otherwise acquires.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  6901.004.  Territory Of District. The

district is composed of the territory described by Section 1, Chapter 245, Acts of the 58th Legislature, Regular Session, 1963 (V.A.C.S. Art. 8280-287), as that territory may have been modified under:

(1)  Section 6901.058 or its predecessor statute, Section 5, Chapter 245, Acts of the 58th Legislature, Regular Session, 1963 (V.A.C.S. Art. 8280-287);

(2)  Chapter 4, Title 128, Revised Statutes, before August 30, 1971;

(3)  Subchapter G, Chapter 53, Water Code, before September 1, 1995;

(4)  Subchapter J, Chapter 49, Water Code; or

(5)  other law.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Subchapter B. Powers And Duties

Section  6901.051.  General Powers And Duties.

The district has all the rights, powers, privileges, and duties conferred and imposed by a general law of this state on a fresh water supply district created under Section 59, Article XVI, Texas Constitution, including Chapters 49 and 53, Water Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  6901.053.  Board Of Directors.

The board consists of five directors.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  6901.054.  Limitation On Use Of Eminent Domain.

The district may not exercise the power of eminent domain outside the boundaries of the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  6901.055.  Limitation On Length Of Certain Contracts.

A district contract for the purchase or sale of water may not exceed 40 years.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  6901.056.  Installment Of Street Lights.

(a) After voter approval, the district may:

(1)  install, operate, and maintain street lighting within a public utility easement or public right-of-way inside the district's boundaries; and

(2)  assess the cost of installing, operating, and maintaining the street lighting as an additional charge in the monthly billings of the district's customers.

(b)  This section does not authorize the district to install, operate, or maintain street lighting on a right-of-way that is part of the designated state highway system.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  6901.057.  District Tax Assessor And Collector.

(a) The board shall appoint a tax assessor and collector for the district for a period not to exceed the term of office of the directors making the appointment.

(b)  The district's tax assessor and collector is not required to be a resident or voter of the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  6901.058.  Addition Of Territory To District.

(a) In addition to the method of adding territory to a district provided by Subchapter J, Chapter 49, Water Code, the district may add territory as provided by this section.

(b)  The owner or owners of land may request by petition that the board include the land in the district.

(c)  A petition under Subsection (b) must be filed with the board and describe the land to be added to the district. The description may be by metes and bounds or by lot and block number. The petition must be signed and executed in the manner provided by law for the conveyance of real estate.

(d)  The board shall hear and consider a petition filed under this section. The board may add the land to the district if the board considers the addition to be to the advantage of the district.

(e)  A petition granted under this section shall be filed and recorded in the deed records of Galveston County.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  6901.059.  Acquisition Of Improvements. The

district may make, construct, or otherwise acquire improvements inside or outside the district that are necessary or convenient to execute a power granted to the district under this chapter or a general law described in Section 6901.051.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  6901.060.  Cost Of Relocating Property.

(a) In this section " sole expense" means the actual cost of the relocating, raising, lowering, rerouting, changing the grade of, or altering the construction of a facility described in Subsection (b) in providing comparable replacement without enhancement of the facility, after deducting from that cost the net salvage value of the old facility.

(b)  If the district, in the exercise of the power of eminent domain or relocation or another power granted under this chapter, makes necessary the relocating, raising, rerouting, changing the grade of, or altering the construction of a highway, a railroad, an electric transmission line, telephone or telegraph properties and facilities, or a pipeline, the necessary relocating, raising, rerouting, changing of grade, or alteration of construction shall be accomplished at the sole expense of the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section 6901.061.  Defined Areas.

(a) Notwithstanding the limitation on authorization based on acreage under Section 54.801(a), Water Code, the district may establish and administer defined areas as provided by Subchapter J, Chapter 54, Water Code.

(b)  Under Section 52, Article III, Texas Constitution, the district may construct, acquire, improve, maintain, or operate in a defined area established under this section:

(1)  macadamized, graveled, or paved roads; or

(2)  improvements, including storm drainage, in aid of those roads.

(c)  The district may issue bonds or other obligations as provided by Chapters 49 and 53, Water Code, to finance the construction, acquisition, improvement, maintenance, or operation of projects under Subsection (b).

(d)  The district may impose an ad valorem tax on real property in a defined area to pay the principal of or interest on bonds issued under Subsection (c) to finance projects benefiting the defined area.

(e)  The district may not issue bonds or other obligations secured wholly or partly by ad valorem taxes to finance a project authorized by Subsection (b) unless the issuance is approved by a vote of a two-thirds majority of the voters of the defined area to be benefited by the project as provided by Subchapter J, Chapter 54, Water Code, voting at an election called for that purpose.  The simple majority vote approval required by Section 54.808(a), Water Code, does not apply to an election under this subsection.

(f)  At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance projects authorized by Subsection (b) benefiting a defined area may not exceed one-fourth of the assessed value of the real property in the defined area.

Added by Acts 2009, 81st Leg., R.S., Ch. 1069, Sec. 1, eff. June 19, 2009.


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