H.B. No. 2815
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Chateau Woods Municipal Utility
1-4 District and the abolition of the city of Chateau Woods.
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 Chateau Woods Municipal Utility District,
1-8 is created in Montgomery County, subject to approval at an election
1-9 under Section 9 of this Act. The district is a governmental agency
1-10 and a body politic and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Article XVI, Section 59, of the Texas
1-13 Constitution.
1-14 SECTION 2. DEFINITIONS. In this Act:
1-15 (1) "City" means the city of Chateau Woods.
1-16 (2) "District" means Chateau Woods Municipal Utility
1-17 District.
1-18 SECTION 3. BOUNDARIES. (a) The district includes the
1-19 territory contained within the corporate boundaries of the city of
1-20 Chateau Woods:
1-21 BEING 412.3198 acres of land, more or less, situated in the
1-22 Montgomery County School Land Survey, Abstract Number 350 and the
1-23 R. Ross Survey, Abstract Number 471, in Montgomery County, Texas,
1-24 and being referenced to Volume 929, Page 556 of the Deed Records of
2-1 Montgomery County, Texas; said 412.3198 acres being more
2-2 particularly described by metes and bounds as follows:
2-3 COMMENCING at a point at the Northeast corner of the Charles
2-4 Eisterwall Survey, Abstract Number 191 at the Northeast corner of
2-5 Oak Ridge North, Section 10, the map or plat thereof recorded in
2-6 Cabinet A, Sheet 51 of the Map Records of Montgomery County, Texas;
2-7 Texas State Plane Coordinate System, Lambert Projection, South
2-8 Central Zone;
2-9 THENCE South 02 degrees 26 minutes 26 seconds East, a
2-10 distance of 1444.80 feet along the East line of the Charles
2-11 Eisterwall Survey and the Westerly line of the Montgomery County,
2-12 School Land Survey, Abstract Number 350, same being the East line
2-13 of Oak Ridge North, Section 10, to a 5/8 inch iron rod, found in
2-14 the Northerly right-of-way line of Woodson Road, based on a width
2-15 of 60 feet, for the most Westerly Northwest corner and POINT OF
2-16 BEGINNING of the herein described tract;
2-17 THENCE North 80 degrees 48 minutes 29 seconds East, a
2-18 distance of 936.80 feet along the Northerly line of Woodson Road to
2-19 a point for an interior corner in the Westerly line of Lake Chateau
2-20 Woods, Section Two, the map or plat thereof recorded in Volume 7,
2-21 Page 137 of the map records of Montgomery County, Texas;
2-22 THENCE North 12 degrees 05 minutes 17 seconds West, a
2-23 distance of 799.11 feet along the West line of Lake Chateau Woods,
2-24 Section Two to a 1/2 inch iron rod, found for the most Northerly
2-25 Northwest corner of the herein described tract and being the
2-26 Northwest corner of Lot 1A, Block 1, Lake Chateau Woods, Section
2-27 Two;
3-1 THENCE North 84 degrees 09 minutes 43 seconds East, a
3-2 distance of 201.02 feet along the North line of Lake Chateau Woods,
3-3 Section Two, to a 1/2 inch iron pipe, found for the Northeast
3-4 corner of Lot 1B and the Northwest corner of Lot 2, Block 1, Lake
3-5 Chateau Woods, Section Two;
3-6 THENCE North 88 degrees 02 minutes 38 seconds East, a
3-7 distance of 215.07 feet along the North line of Lake Chateau Woods,
3-8 Section Two, to a 1/2 inch iron pipe, found for the Northeast
3-9 corner of Lot 2 and the Northwest corner of Lot 3, Block 1, Lake
3-10 Chateau Woods, Section Two;
3-11 THENCE North 89 degrees 12 minutes 31 seconds East, a
3-12 distance of 657.33 feet along the North line of Lake Chateau Woods,
3-13 Section Two, to a point for angle;
3-14 THENCE North 77 degrees 00 minutes 08 seconds East, a
3-15 distance of 186.50 feet along the North line of Lake Chateau Woods,
3-16 Section Two, to a point for angle;
3-17 THENCE North 88 degrees 22 minutes 08 seconds East, a
3-18 distance of 502.50 feet along the North line of Lake Chateau Woods,
3-19 Section Two, to a point at the Northeast corner of Lake Chateau
3-20 Woods, Section Two and the Northwest corner of Lake Chateau Woods,
3-21 Section Four, the map or plat thereof recorded in Volume 7, Page
3-22 223 of the Map Records, Montgomery County, Texas;
3-23 THENCE North 88 degrees 10 minutes 08 seconds East, a
3-24 distance of 1708.60 feet along the North line of Lake Chateau
3-25 Woods, Section Four, and the North line of Lake Chateau Woods,
3-26 Section Five, the map or plat thereof recorded in Volume 7, Page
3-27 225 of the Map Records of Montgomery County, Texas, to a 3 inch
4-1 iron pipe, found for an interior corner at the Northeast corner of
4-2 Lake Chateau Woods, Section Five in the West line of Lake Chateau
4-3 Woods, Section Six, the map or plat thereof recorded in Volume 7,
4-4 Page 275 of the Map Records of Montgomery County, Texas;
4-5 THENCE North 02 degrees 52 minutes 52 seconds West, a
4-6 distance of 452.37 feet along the most Westerly West line of Lake
4-7 Chateau Woods Section Six to a 1/2 inch iron rod, found for the
4-8 Northwest corner of Lake Chateau Woods, Section Six;
4-9 THENCE North 88 degrees 46 minutes 08 seconds East, a
4-10 distance of 2545.50 feet along the North line of Lake Chateau
4-11 Woods, Section Six, to a point for the Northeast corner of Section
4-12 Seven, the map or plat thereof recorded in Volume 7, Page 283 of
4-13 the Map Records of Montgomery County, Texas, and the most Southerly
4-14 Northeast corner of Lake Chateau Woods, Section Eight, an
4-15 unrecorded subdivision;
4-16 THENCE North 88 degrees 49 minutes 08 seconds East, a
4-17 distance of 397.00 feet along the most Westerly North line of Lake
4-18 Chateau Woods, Section Eight, to a point for the Northeast corner
4-19 of Lot 3, Block 4 in the West line of Lot 6, Block 4, Lake Chateau
4-20 Woods, Section Eight; said corner being in the West line of the R.
4-21 Ross Survey, Abstract Number 471, common to the East line of the
4-22 Montgomery County School Land Survey, Abstract Number 350;
4-23 THENCE North 01 degrees 00 minutes 52 seconds West, a
4-24 distance of 793.30 feet along the West line of Lake Chateau Woods,
4-25 Section Eight, and the West line of the R. Ross Survey to a an
4-26 angle point in the East line of that certain 8.21 acre tract
4-27 recorded in Volume 609, page 149 of the Deed Records of Montgomery
5-1 County, Texas;
5-2 THENCE North 01 degrees 18 minutes 20 seconds West, a
5-3 distance of 478.35 feet along the West line of Lake Chateau Woods,
5-4 Section Eight and the West line of the R. Ross Survey to a fence
5-5 post found for the Northwest corner of Lot 20, Block 4, Lake
5-6 Chateau Woods, Section Eight, and being in the Southerly line of
5-7 Sleepy Hollow Road
5-8 THENCE North 85 degrees 47 minutes 49 seconds East, a
5-9 distance of 1656.00 feet along the South line of Sleepy Hollow Road
5-10 to a point for the Northeast corner of the herein described tract
5-11 and from which a nail is referenced North 31 degrees 16 minutes 12
5-12 seconds West, 29.54 feet and a tree with old barbed wire referenced
5-13 South 50 degrees 57 minutes 00 seconds West, 21.03 feet;
5-14 THENCE South 01 degrees 01 minutes 56 seconds East, passing
5-15 at a distance of 1981.40 feet, a point located on the East line of
5-16 the herein described tract referencing a 3/4 inch iron pipe, found
5-17 West, 140.00 feet of said West line and being the Southeast
5-18 intersection corner of Blue Ridge Drive and Longleaf Drive; in all,
5-19 a distance of 4976.00 feet along the East line of the herein
5-20 described tract to a 3/4 inch iron pipe, found for the Southeast
5-21 corner of the herein described tract and the Southeast corner of
5-22 Lot 6, Block 6, Lake Chateau Woods, Section Seven as recorded in
5-23 Volume 7, Page 283 of the Map Records of Montgomery County, Texas;
5-24 said Southeast corner being in the North line of the Thomas Toby
5-25 Survey, Abstract Number 579 common to the Southerly line of the
5-26 Montgomery County School Land Survey, Abstract Number 350;
5-27 THENCE South 88 degrees 25 minutes 27 seconds West, a
6-1 distance of 2395.11 feet along the common line of the Thomas Toby
6-2 Survey and the Montgomery County School Land Survey and the South
6-3 line of Lake Chateau Woods, Section 7, to a 3 inch iron pipe, found
6-4 for the most Southerly Southwest corner of the herein described
6-5 tract and the Southwest corner of Lot 26, Block II, Lake Chateau
6-6 Woods, Section Six as recorded in Volume 7, Page 25 of the Map
6-7 Records of Montgomery County, Texas;
6-8 THENCE North 02 degrees 13 minutes 11 seconds West, a
6-9 distance of 3123.84 feet along the West line of Lake Chateau Woods,
6-10 Section Six to a 5/8 inch iron rod, found for the Northwest corner
6-11 of Lot 11A, Block II and an angle point for Lot 9B, Block II, Lake
6-12 Chateau Woods, Section Six;
6-13 THENCE South 87 degrees 40 minutes 29 seconds West, a
6-14 distance of 2126.00 feet along the South line of Lake Chateau
6-15 Woods, Section Six to a point for the most Westerly Southwest
6-16 corner of Lake Chateau Woods, Section Six in the East line of Lake
6-17 Chateau Woods, Section Five;
6-18 THENCE South 02 degrees 42 minutes 28 seconds East, a
6-19 distance of 1484.00 feet along the East line of Lake Chateau Woods,
6-20 Section Five, to a 3 inch iron pipe, found for the Southeast corner
6-21 of Lake Chateau Woods, Section Five;
6-22 THENCE South 88 degrees 35 minutes 50 seconds West, a
6-23 distance of 1727.05 feet along the South line of Lake Chateau
6-24 Woods, Section Five, to a 1/2 inch copper weld, found for the
6-25 Southwest corner of Lake Chateau Woods, Section Three as recorded
6-26 in Volume 7, Page 223 of the Map Records of Montgomery County,
6-27 Texas; same being the Southeast corner of Lake Chateau Woods,
7-1 Section One;
7-2 THENCE South 89 degrees 42 minutes 50 seconds West, a
7-3 distance of 174.00 feet along the South line of Lake Chateau Woods,
7-4 Section One to a point for angle;
7-5 THENCE South 88 degrees 54 minutes 50 seconds West, a
7-6 distance of 400.00 feet along the South line of Lake Chateau Woods,
7-7 Section One to a point for angle;
7-8 THENCE South 85 degrees 23 minutes 19 seconds West, a
7-9 distance of 346.39 feet along the South line of Lake Chateau Woods,
7-10 Section One to a 1/2 inch iron rod, found for a point for angle;
7-11 THENCE South 84 degrees 27 minutes 19 seconds West, a
7-12 distance of 564.00 feet along the South line of Lake Chateau Woods,
7-13 Section One to a 1/2 inch iron rod, found for an angle point in the
7-14 herein described tract and the Southwest corner of Lake Chateau
7-15 Woods, Section One, same being the original point of beginning
7-16 describing the Corporate Limits of Chateau Woods as recorded in
7-17 Volume 929, Page 556 of the Deed Records of Montgomery County,
7-18 Texas;
7-19 THENCE continuing South 84 degrees 27 minutes 19 seconds
7-20 West, a distance of 395.00 feet crossing the complete right-of-way
7-21 for the Missouri-Pacific Rail Road, to a point for corner of the
7-22 herein described tract and being that same corner referenced in the
7-23 14.675 acre annexation August, 1985;
7-24 THENCE North 19 degrees 40 minutes 47 seconds West, a
7-25 distance of 226.91 feet to a 3/4 inch iron rod, found for corner
7-26 and being in the East line of Blueberry Hill Estates as recorded in
7-27 Volume 7, Page 217 of the Map records of Montgomery County, Texas;
8-1 THENCE South 87 degrees 35 minutes 17 seconds West, a
8-2 distance of 331.58 feet severing Blueberry Hill estates, to a 3/4
8-3 inch iron rod, found in the West right-of-way line of Blueberry
8-4 Hill Drive, based on a width of 60 feet;
8-5 THENCE South 87 degrees 36 minutes 31 seconds West, a
8-6 distance of 263.66 feet to a fence post found at corner in the East
8-7 line of Oak Ridge North, Section 9 as recorded in Cabinet A, Sheet
8-8 5 of the Map Records of Montgomery County, Texas, same being the
8-9 West line of Blueberry Hill Estates, in the East line of the
8-10 Montgomery County School Land Survey, A-350 common to the East line
8-11 of the Charles Eisterwall Survey, A-191;
8-12 THENCE North 02 degrees 14 minutes 57 seconds West, a
8-13 distance of 423.68 feet along the East line of the Charles
8-14 Eisterwall Survey and the West line of the Montgomery County School
8-15 Land Survey to a 1/2 inch iron rod, found for the Northeast corner
8-16 of Oak Ridge North, Section 9, and the Northwest corner of
8-17 Blueberry Hill estates, in the South right-of-way line of Woodson
8-18 Road for an angle point in the West line of the herein described
8-19 tract;
8-20 THENCE North 00 degrees 36 minutes 25 seconds East, a
8-21 distance of 61.18 feet crossing Woodson Road, back to the POINT OF
8-22 BEGINNING of the herein described tract, containing 412.3198 acres
8-23 of land, more or less, based on the survey and plat prepared by
8-24 Michael Glezman Surveying, dated January, 1993.
8-25 (b) If, on the day preceding the date on which the canvass
8-26 of the election authorized by Section 9 of this Act is completed,
8-27 the corporate boundaries of the city of Chateau Woods are not as
9-1 described in Subsection (a) of this section, the district includes
9-2 the territory included within the corporate boundaries of Chateau
9-3 Woods on that day.
9-4 SECTION 4. FINDING OF BENEFIT. All of the land and other
9-5 property included within the boundaries of the district will be
9-6 benefited by the works and projects that are to be accomplished by
9-7 the district under powers conferred by Article XVI, Section 59, of
9-8 the Texas Constitution. The district is created to serve a public
9-9 use and benefit.
9-10 SECTION 5. POWERS. (a) The district has all of the rights,
9-11 powers, privileges, authority, functions, and duties provided by
9-12 the general law of this state, including Chapters 50 and 54, Water
9-13 Code, applicable to municipal utility districts created under
9-14 Article XVI, Section 59, of the Texas Constitution. This Act
9-15 prevails over any provision of general law that is in conflict or
9-16 inconsistent with this Act.
9-17 (b) The rights, powers, privileges, authority, functions,
9-18 and duties of the district are subject to the continuing right of
9-19 supervision of the state to be exercised by and through the Texas
9-20 Water Commission.
9-21 SECTION 6. BOARD OF DIRECTORS. (a) The district is
9-22 governed by a board of five directors.
9-23 (b) A vacancy in the office of director shall be filled by
9-24 appointment of the board until the next election for directors. If
9-25 the position is not scheduled to be filled at the election, the
9-26 person elected to fill the position shall serve only for the
9-27 remainder of the unexpired term.
10-1 (c) To be eligible to serve as director, a person must be a
10-2 registered voter and reside in the district.
10-3 SECTION 7. SERVICE OF DIRECTORS. (a) Temporary directors
10-4 serve until initial directors are elected under Section 11 of this
10-5 Act.
10-6 (b) Initial directors serve until permanent directors are
10-7 elected under Section 15 of this Act.
10-8 (c) Permanent directors serve staggered four-year terms.
10-9 (d) Each director must qualify to serve as director in the
10-10 manner provided by Sections 54.025 and 54.116, Water Code.
10-11 (e) A director serves until the director's successor has
10-12 qualified.
10-13 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
10-14 directors is composed of:
10-15 (1) Loretta Brown
10-16 (2) Kenneth Smith
10-17 (3) Eugene Mertz
10-18 (4) Betty Lambright
10-19 (5) Leon Jones
10-20 (b) If a temporary director fails to qualify for office, the
10-21 temporary directors who have qualified shall appoint a person to
10-22 fill the vacancy. If at any time there are fewer than three
10-23 qualified temporary directors, the Texas Water Commission shall
10-24 appoint the necessary number of persons to fill all vacancies on
10-25 the board.
10-26 SECTION 9. ELECTION TO ABOLISH CITY, CONFIRM DISTRICT, AND
10-27 ELECT INITIAL DIRECTORS. The mayor of the city of Chateau Woods
11-1 shall call an election to be held on August 14, 1993, to abolish
11-2 the city, to confirm the creation of the district, and to elect
11-3 five initial directors of the district. The city shall pay the
11-4 costs of the election.
11-5 SECTION 10. BALLOT PROPOSITION. The ballot for the election
11-6 to abolish the city of Chateau Woods and to confirm the creation of
11-7 the district shall be printed to permit voting for or against the
11-8 proposition: "The abolition of the city of Chateau Woods; the
11-9 creation of the Chateau Woods Municipal Utility District; the
11-10 transfer to the district of the assets and obligations of the city
11-11 of Chateau Woods relating to the city's water and sewer system; and
11-12 the levy of an ad valorem tax at a rate equal to the rate
11-13 previously set by the city to pay the bonded indebtedness of the
11-14 city relating to the city's water and sewer system."
11-15 SECTION 11. ELECTION OF INITIAL DIRECTORS. (a) A person
11-16 who desires to be a candidate for the office of initial director
11-17 may file an application with the mayor of the city of Chateau Woods
11-18 and the temporary board of directors to have the candidate's name
11-19 printed on the ballot as provided by Section 51.075, Water Code.
11-20 (b) At the election to abolish the city, confirm the
11-21 creation of the district, and elect initial directors, the mayor
11-22 and the temporary board of directors shall have the names of the
11-23 five persons serving as temporary directors placed on the ballot
11-24 together with the name of any candidate filing for the office of
11-25 director as provided by Subsection (a) of this section and blank
11-26 spaces to write in the names of other persons. If the city is
11-27 abolished and the district is created at the election, the mayor
12-1 and the temporary directors, at the time the vote is canvassed,
12-2 shall declare the five persons who receive the most votes to be
12-3 elected as the initial directors and shall include the results of
12-4 the directors' election in the election report to the Texas Water
12-5 Commission. If the city is not abolished and the district is not
12-6 created, the election of the temporary board of directors has no
12-7 effect.
12-8 SECTION 12. ABOLITION AND CONFIRMATION ELECTION RETURNS.
12-9 (a) The city is abolished and the district is created if a
12-10 majority of the voters in the city of Chateau Woods voting in the
12-11 election held under this Act favor the proposition.
12-12 (b) The district is not created and the city is not
12-13 abolished if a majority of the voters in the election do not favor
12-14 the proposition.
12-15 SECTION 13. DECLARATION AND CERTIFICATION OF ABOLITION;
12-16 TRANSFER OF ASSETS. If the city of Chateau Woods is abolished and
12-17 the district is created under this Act:
12-18 (1) the abolition of the city shall be declared and
12-19 certified as provided by Section 62.004, Local Government Code;
12-20 (2) all assets and obligations of the city, other than
12-21 assets and obligations related to the city's water and sewer
12-22 systems, shall be disposed of as provided by Subchapter E, Chapter
12-23 62, Local Government Code, and any assets remaining after all debts
12-24 have been satisfied may be transferred to the district; and
12-25 (3) all assets and obligations of the city relating to
12-26 the city's water and sewer system, including delinquent taxes owed
12-27 to the city, are transferred to the district on the 30th day after
13-1 the date of the canvass of the election has been completed.
13-2 SECTION 14. APPLICATION OF OTHER LAW. Except as provided
13-3 by this section and by Sections 8-12 of this Act, the election
13-4 authorized by Section 9 of this Act shall be conducted as provided
13-5 by Chapter 54, Water Code, and by the Election Code.
13-6 SECTION 15. ELECTION OF DIRECTORS. On the first Saturday
13-7 in May of the second year after the year in which the election
13-8 authorized by Section 9 of this Act is held, an election shall be
13-9 held in the district for the election of two directors who shall
13-10 each serve two-year terms and three directors who shall each serve
13-11 four-year terms. Thereafter, on the same date in each subsequent
13-12 second year, the appropriate number of directors shall be elected
13-13 to the board.
13-14 SECTION 16. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
13-15 (a) The proper and legal notice of the intention to introduce this
13-16 Act, setting forth the general substance of this Act, has been
13-17 published as provided by law, and the notice and a copy of this Act
13-18 have been furnished to all persons, agencies, officials, or
13-19 entities to which they are required to be furnished by the
13-20 constitution and other laws of this state, including the governor,
13-21 who has submitted the notice and Act to the Texas Water Commission.
13-22 (b) The Texas Water Commission has filed its recommendations
13-23 relating to this Act with the governor, lieutenant governor, and
13-24 speaker of the house of representatives within the required time.
13-25 (c) All requirements of the constitution and laws of this
13-26 state and the rules and procedures of the legislature with respect
13-27 to the notice, introduction, and passage of this Act are fulfilled
14-1 and accomplished.
14-2 SECTION 17. EMERGENCY. The importance of this legislation
14-3 and the crowded condition of the calendars in both houses create an
14-4 emergency and an imperative public necessity that the
14-5 constitutional rule requiring bills to be read on three several
14-6 days in each house be suspended, and this rule is hereby suspended,
14-7 and that this Act take effect and be in force from and after its
14-8 passage, and it is so enacted.