73R8385 MI-D
By Rabuck H.B. No. 2815
Substitute the following for H.B. No. 2815:
By Turner of Coleman C.S.H.B. No. 2815
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 Chateau Woods Municipal Utility
1-4 District.
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 a
1-9 confirmation election under Section 10 of this Act. The district
1-10 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 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 to abolish the city is completed, the corporate
8-27 boundaries of the city of Chateau Woods are not as described in
9-1 Subsection (a) of this section, the district includes the territory
9-2 included within the corporate boundaries of Chateau Woods on that
9-3 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. ELECTION OF DIRECTORS. (a) The directors of the
9-22 district shall be elected according to the single-member
9-23 subdistrict method as provided by this Act.
9-24 (b) One director shall be elected from each single-member
9-25 subdistrict by the electors of that subdistrict.
9-26 (c) A person shall indicate on the application for a place
9-27 on the ballot the single-member subdistrict that the person seeks
10-1 to represent.
10-2 (d) The board of directors shall revise each single-member
10-3 subdistrict after each federal decennial census to reflect
10-4 population changes. At the first election after the subdistricts
10-5 are revised, a new director shall be elected from each subdistrict.
10-6 The directors shall draw lots to determine which two directors
10-7 shall serve two-year terms and which three directors shall serve
10-8 four-year terms.
10-9 SECTION 7. BOARD OF DIRECTORS. (a) The district is
10-10 governed by a board of five directors.
10-11 (b) A vacancy in the office of director shall be filled by
10-12 appointment of the board until the next election for directors. If
10-13 the position is not scheduled to be filled at the election, the
10-14 person elected to fill the position shall serve only for the
10-15 remainder of the unexpired term.
10-16 (c) To be eligible to serve as director, a person must be a
10-17 registered voter and reside in the single-member subdistrict from
10-18 which the person is elected or appointed.
10-19 SECTION 8. SERVICE OF DIRECTORS. (a) Temporary directors
10-20 serve until initial directors are elected under Section 14.
10-21 (b) Initial directors serve until permanent directors are
10-22 elected under Section 16.
10-23 (c) Permanent directors serve staggered four-year terms.
10-24 (d) Each director must qualify to serve as director in the
10-25 manner provided by Sections 54.025 and 54.116, Water Code.
10-26 (e) A director serves until the director's successor has
10-27 qualified.
11-1 SECTION 9. TEMPORARY DIRECTORS. (a) The temporary board of
11-2 directors is composed of:
11-3 (1) Loretta Brown
11-4 (2) Kenneth Smith
11-5 (3) Eugene Mertz
11-6 (4) Betty Lambright
11-7 (5) Leon Jones
11-8 (b) If a temporary director fails to qualify for office, the
11-9 temporary directors who have qualified shall appoint a person to
11-10 fill the vacancy. If at any time there are fewer than three
11-11 qualified temporary directors, the Texas Water Commission shall
11-12 appoint the necessary number of persons to fill all vacancies on
11-13 the board.
11-14 (c) The temporary board of directors shall establish five
11-15 single-member voting subdistricts from which initial and permanent
11-16 directors are elected.
11-17 SECTION 10. CONFIRMATION ELECTION. The temporary directors
11-18 shall call an election to be held on May 1, 1993, to confirm the
11-19 creation of the district.
11-20 SECTION 11. BALLOT PROPOSITION. The ballot for the election
11-21 to confirm the creation of the district shall be printed to permit
11-22 voting for or against the proposition: "The creation of the
11-23 Chateau Woods Municipal Utility District; the transfer to the
11-24 district of the assets and obligations of the city of Chateau Woods
11-25 relating to the city's water and sewer system; and the levy of an
11-26 ad valorem tax at a rate equal to the rate previously set by the
11-27 city to pay the bonded indebtedness of the city relating to the
12-1 city's water and sewer system."
12-2 SECTION 12. CONFIRMATION ELECTION RETURNS. (a) The
12-3 district is created if:
12-4 (1) a majority of the voters in the city of Chateau
12-5 Woods voting in the election held under this Act favor the
12-6 proposition; and
12-7 (2) a majority of the voters in the city of Chateau
12-8 Woods voting in an election held on the same date under Section
12-9 62.002, Local Government Code, favor a proposition to abolish the
12-10 city of Chateau Woods, contingent upon the creation of the district
12-11 under this Act, and to transfer to the district the city's assets
12-12 and obligations relating to the city's water and sewer system.
12-13 (b) The district is not created and the city is not
12-14 abolished if a majority of the voters in either election do not
12-15 favor the proposition on which they voted.
12-16 SECTION 13. TRANSFER OF ASSETS. If the district is created
12-17 under this Act, all assets and obligations of the city of Chateau
12-18 Woods relating to the city's water and sewer system are transferred
12-19 to the district on the 30th day after the date of the canvasses of
12-20 both elections have been completed.
12-21 SECTION 14. ELECTION OF INITIAL DIRECTORS. (a) If the
12-22 district is created under Section 12 of this Act, initial directors
12-23 shall be elected at an election to be held on November 2, 1993.
12-24 (b) If the temporary directors determine that there is not
12-25 sufficient time to draw the subdistricts or to comply with the
12-26 requirements of law, the temporary directors may postpone the
12-27 election date until the next uniform election date that is at least
13-1 60 days after the earlier of:
13-2 (1) the date on which the United States Department of
13-3 Justice approves the single-member subdistricts created by the
13-4 temporary board of directors; or
13-5 (2) the date on which the time within which the United
13-6 States Department of Justice must approve or disapprove the
13-7 subdistricts expires without action by that department.
13-8 (c) A person, including a temporary director, who desires to
13-9 be a candidate for the office of initial director may file an
13-10 application with the temporary board to have the candidate's name
13-11 printed on the ballot as provided by Section 54.104, Water Code.
13-12 (d) At the initial directors' election, the temporary board
13-13 of directors shall have the name of any candidate filing for the
13-14 office of director as provided by Subsection (c) of this section
13-15 placed on the ballot and blank spaces to write in the names of
13-16 other persons. The temporary board of directors, at the time the
13-17 vote is canvassed, shall declare the person who receives the most
13-18 votes in each subdistrict to be elected as director for that
13-19 subdistrict.
13-20 SECTION 15. APPLICATION OF OTHER LAW. (a) Section
13-21 41.001(a), Election Code, does not apply to a confirmation election
13-22 or an initial directors' election held as provided by this Act.
13-23 (b) Except as provided by this section and by Sections 9-12
13-24 of this Act, a confirmation or initial directors' election shall be
13-25 conducted as provided by Chapter 54, Water Code, and by the
13-26 Election Code.
13-27 SECTION 16. ELECTION OF DIRECTORS. On the first Saturday
14-1 in May of the second year after the year in which the confirmation
14-2 election is held, an election shall be held in the district for the
14-3 election of two directors who shall each serve two-year terms and
14-4 three directors who shall each serve four-year terms. Thereafter,
14-5 on the same date in each subsequent second year, the appropriate
14-6 number of directors shall be elected to the board.
14-7 SECTION 17. VALIDATION. (a) The order of the mayor of the
14-8 city of Chateau Woods calling an election to confirm the creation
14-9 of the district to be held on May 1, 1993, is validated as of the
14-10 date it was issued. The order, the election, and other acts or
14-11 proceedings may not be held invalid on the ground that the order
14-12 was not authorized by law.
14-13 (b) This section does not apply to any matter that on the
14-14 effective date of this Act:
14-15 (1) is involved in litigation if the litigation
14-16 ultimately results in the matter being held invalid by a final
14-17 judgment of a court; or
14-18 (2) has been held invalid by a final judgment of a
14-19 court.
14-20 SECTION 18. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
14-21 (a) The proper and legal notice of the intention to introduce this
14-22 Act, setting forth the general substance of this Act, has been
14-23 published as provided by law, and the notice and a copy of this Act
14-24 have been furnished to all persons, agencies, officials, or
14-25 entities to which they are required to be furnished by the
14-26 constitution and other laws of this state, including the governor,
14-27 who has submitted the notice and Act to the Texas Water Commission.
15-1 (b) The Texas Water Commission has filed its recommendations
15-2 relating to this Act with the governor, lieutenant governor, and
15-3 speaker of the house of representatives within the required time.
15-4 (c) All requirements of the constitution and laws of this
15-5 state and the rules and procedures of the legislature with respect
15-6 to the notice, introduction, and passage of this Act are fulfilled
15-7 and accomplished.
15-8 SECTION 19. EMERGENCY. The importance of this legislation
15-9 and the crowded condition of the calendars in both houses create an
15-10 emergency and an imperative public necessity that the
15-11 constitutional rule requiring bills to be read on three several
15-12 days in each house be suspended, and this rule is hereby suspended,
15-13 and that this Act take effect and be in force from and after its
15-14 passage, and it is so enacted.