1-1 By: Rabuck (Senate Sponsor - Parker) H.B. No. 2815 1-2 (In the Senate - Received from the House April 19, 1993; 1-3 April 19, 1993, read first time and referred to Committee on 1-4 Natural Resources; May 21, 1993, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 9, Nays 0; 1-6 May 21, 1993, sent to printer.) 1-7 COMMITTEE VOTE 1-8 Yea Nay PNV Absent 1-9 Sims x 1-10 Truan x 1-11 Armbrister x 1-12 Barrientos x 1-13 Bivins x 1-14 Brown x 1-15 Carriker x 1-16 Lucio x 1-17 Montford x 1-18 Ratliff x 1-19 Shelley x 1-20 COMMITTEE SUBSTITUTE FOR H.B. No. 2815 By: Carriker 1-21 A BILL TO BE ENTITLED 1-22 AN ACT 1-23 relating to the creation, administration, powers, duties, 1-24 operation, and financing of the Chateau Woods Municipal Utility 1-25 District and the abolition of the city of Chateau Woods. 1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-27 SECTION 1. CREATION. (a) A conservation and reclamation 1-28 district, to be known as Chateau Woods Municipal Utility District, 1-29 is created in Montgomery County, subject to approval at an election 1-30 under Section 9 of this Act. The district is a governmental agency 1-31 and a body politic and corporate. 1-32 (b) The district is created under and is essential to 1-33 accomplish the purposes of Article XVI, Section 59, of the Texas 1-34 Constitution. 1-35 SECTION 2. DEFINITIONS. In this Act: 1-36 (1) "City" means the city of Chateau Woods. 1-37 (2) "District" means Chateau Woods Municipal Utility 1-38 District. 1-39 SECTION 3. BOUNDARIES. (a) The district includes the 1-40 territory contained within the corporate boundaries of the city of 1-41 Chateau Woods: 1-42 BEING 412.3198 acres of land, more or less, situated in the 1-43 Montgomery County School Land Survey, Abstract Number 350 and the 1-44 R. Ross Survey, Abstract Number 471, in Montgomery County, Texas, 1-45 and being referenced to Volume 929, Page 556 of the Deed Records of 1-46 Montgomery County, Texas; said 412.3198 acres being more 1-47 particularly described by metes and bounds as follows: 1-48 COMMENCING at a point at the Northeast corner of the Charles 1-49 Eisterwall Survey, Abstract Number 191 at the Northeast corner of 1-50 Oak Ridge North, Section 10, the map or plat thereof recorded in 1-51 Cabinet A, Sheet 51 of the Map Records of Montgomery County, Texas; 1-52 Texas State Plane Coordinate System, Lambert Projection, South 1-53 Central Zone; 1-54 THENCE South 02 degrees 26 minutes 26 seconds East, a 1-55 distance of 1444.80 feet along the East line of the Charles 1-56 Eisterwall Survey and the Westerly line of the Montgomery County, 1-57 School Land Survey, Abstract Number 350, same being the East line 1-58 of Oak Ridge North, Section 10, to a 5/8 inch iron rod, found in 1-59 the Northerly right-of-way line of Woodson Road, based on a width 1-60 of 60 feet, for the most Westerly Northwest corner and POINT OF 1-61 BEGINNING of the herein described tract; 1-62 THENCE North 80 degrees 48 minutes 29 seconds East, a 1-63 distance of 936.80 feet along the Northerly line of Woodson Road to 1-64 a point for an interior corner in the Westerly line of Lake Chateau 1-65 Woods, Section Two, the map or plat thereof recorded in Volume 7, 1-66 Page 137 of the map records of Montgomery County, Texas; 1-67 THENCE North 12 degrees 05 minutes 17 seconds West, a 1-68 distance of 799.11 feet along the West line of Lake Chateau Woods, 2-1 Section Two to a 1/2 inch iron rod, found for the most Northerly 2-2 Northwest corner of the herein described tract and being the 2-3 Northwest corner of Lot 1A, Block 1, Lake Chateau Woods, Section 2-4 Two; 2-5 THENCE North 84 degrees 09 minutes 43 seconds East, a 2-6 distance of 201.02 feet along the North line of Lake Chateau Woods, 2-7 Section Two, to a 1/2 inch iron pipe, found for the Northeast 2-8 corner of Lot 1B and the Northwest corner of Lot 2, Block 1, Lake 2-9 Chateau Woods, Section Two; 2-10 THENCE North 88 degrees 02 minutes 38 seconds East, a 2-11 distance of 215.07 feet along the North line of Lake Chateau Woods, 2-12 Section Two, to a 1/2 inch iron pipe, found for the Northeast 2-13 corner of Lot 2 and the Northwest corner of Lot 3, Block 1, Lake 2-14 Chateau Woods, Section Two; 2-15 THENCE North 89 degrees 12 minutes 31 seconds East, a 2-16 distance of 657.33 feet along the North line of Lake Chateau Woods, 2-17 Section Two, to a point for angle; 2-18 THENCE North 77 degrees 00 minutes 08 seconds East, a 2-19 distance of 186.50 feet along the North line of Lake Chateau Woods, 2-20 Section Two, to a point for angle; 2-21 THENCE North 88 degrees 22 minutes 08 seconds East, a 2-22 distance of 502.50 feet along the North line of Lake Chateau Woods, 2-23 Section Two, to a point at the Northeast corner of Lake Chateau 2-24 Woods, Section Two and the Northwest corner of Lake Chateau Woods, 2-25 Section Four, the map or plat thereof recorded in Volume 7, Page 2-26 223 of the Map Records, Montgomery County, Texas; 2-27 THENCE North 88 degrees 10 minutes 08 seconds East, a 2-28 distance of 1708.60 feet along the North line of Lake Chateau 2-29 Woods, Section Four, and the North line of Lake Chateau Woods, 2-30 Section Five, the map or plat thereof recorded in Volume 7, Page 2-31 225 of the Map Records of Montgomery County, Texas, to a 3 inch 2-32 iron pipe, found for an interior corner at the Northeast corner of 2-33 Lake Chateau Woods, Section Five in the West line of Lake Chateau 2-34 Woods, Section Six, the map or plat thereof recorded in Volume 7, 2-35 Page 275 of the Map Records of Montgomery County, Texas; 2-36 THENCE North 02 degrees 52 minutes 52 seconds West, a 2-37 distance of 452.37 feet along the most Westerly West line of Lake 2-38 Chateau Woods Section Six to a 1/2 inch iron rod, found for the 2-39 Northwest corner of Lake Chateau Woods, Section Six; 2-40 THENCE North 88 degrees 46 minutes 08 seconds East, a 2-41 distance of 2545.50 feet along the North line of Lake Chateau 2-42 Woods, Section Six, to a point for the Northeast corner of Section 2-43 Seven, the map or plat thereof recorded in Volume 7, Page 283 of 2-44 the Map Records of Montgomery County, Texas, and the most Southerly 2-45 Northeast corner of Lake Chateau Woods, Section Eight, an 2-46 unrecorded subdivision; 2-47 THENCE North 88 degrees 49 minutes 08 seconds East, a 2-48 distance of 397.00 feet along the most Westerly North line of Lake 2-49 Chateau Woods, Section Eight, to a point for the Northeast corner 2-50 of Lot 3, Block 4 in the West line of Lot 6, Block 4, Lake Chateau 2-51 Woods, Section Eight; said corner being in the West line of the R. 2-52 Ross Survey, Abstract Number 471, common to the East line of the 2-53 Montgomery County School Land Survey, Abstract Number 350; 2-54 THENCE North 01 degrees 00 minutes 52 seconds West, a 2-55 distance of 793.30 feet along the West line of Lake Chateau Woods, 2-56 Section Eight, and the West line of the R. Ross Survey to a an 2-57 angle point in the East line of that certain 8.21 acre tract 2-58 recorded in Volume 609, page 149 of the Deed Records of Montgomery 2-59 County, Texas; 2-60 THENCE North 01 degrees 18 minutes 20 seconds West, a 2-61 distance of 478.35 feet along the West line of Lake Chateau Woods, 2-62 Section Eight and the West line of the R. Ross Survey to a fence 2-63 post found for the Northwest corner of Lot 20, Block 4, Lake 2-64 Chateau Woods, Section Eight, and being in the Southerly line of 2-65 Sleepy Hollow Road 2-66 THENCE North 85 degrees 47 minutes 49 seconds East, a 2-67 distance of 1656.00 feet along the South line of Sleepy Hollow Road 2-68 to a point for the Northeast corner of the herein described tract 2-69 and from which a nail is referenced North 31 degrees 16 minutes 12 2-70 seconds West, 29.54 feet and a tree with old barbed wire referenced 3-1 South 50 degrees 57 minutes 00 seconds West, 21.03 feet; 3-2 THENCE South 01 degrees 01 minutes 56 seconds East, passing 3-3 at a distance of 1981.40 feet, a point located on the East line of 3-4 the herein described tract referencing a 3/4 inch iron pipe, found 3-5 West, 140.00 feet of said West line and being the Southeast 3-6 intersection corner of Blue Ridge Drive and Longleaf Drive; in all, 3-7 a distance of 4976.00 feet along the East line of the herein 3-8 described tract to a 3/4 inch iron pipe, found for the Southeast 3-9 corner of the herein described tract and the Southeast corner of 3-10 Lot 6, Block 6, Lake Chateau Woods, Section Seven as recorded in 3-11 Volume 7, Page 283 of the Map Records of Montgomery County, Texas; 3-12 said Southeast corner being in the North line of the Thomas Toby 3-13 Survey, Abstract Number 579 common to the Southerly line of the 3-14 Montgomery County School Land Survey, Abstract Number 350; 3-15 THENCE South 88 degrees 25 minutes 27 seconds West, a 3-16 distance of 2395.11 feet along the common line of the Thomas Toby 3-17 Survey and the Montgomery County School Land Survey and the South 3-18 line of Lake Chateau Woods, Section 7, to a 3 inch iron pipe, found 3-19 for the most Southerly Southwest corner of the herein described 3-20 tract and the Southwest corner of Lot 26, Block II, Lake Chateau 3-21 Woods, Section Six as recorded in Volume 7, Page 25 of the Map 3-22 Records of Montgomery County, Texas; 3-23 THENCE North 02 degrees 13 minutes 11 seconds West, a 3-24 distance of 3123.84 feet along the West line of Lake Chateau Woods, 3-25 Section Six to a 5/8 inch iron rod, found for the Northwest corner 3-26 of Lot 11A, Block II and an angle point for Lot 9B, Block II, Lake 3-27 Chateau Woods, Section Six; 3-28 THENCE South 87 degrees 40 minutes 29 seconds West, a 3-29 distance of 2126.00 feet along the South line of Lake Chateau 3-30 Woods, Section Six to a point for the most Westerly Southwest 3-31 corner of Lake Chateau Woods, Section Six in the East line of Lake 3-32 Chateau Woods, Section Five; 3-33 THENCE South 02 degrees 42 minutes 28 seconds East, a 3-34 distance of 1484.00 feet along the East line of Lake Chateau Woods, 3-35 Section Five, to a 3 inch iron pipe, found for the Southeast corner 3-36 of Lake Chateau Woods, Section Five; 3-37 THENCE South 88 degrees 35 minutes 50 seconds West, a 3-38 distance of 1727.05 feet along the South line of Lake Chateau 3-39 Woods, Section Five, to a 1/2 inch copper weld, found for the 3-40 Southwest corner of Lake Chateau Woods, Section Three as recorded 3-41 in Volume 7, Page 223 of the Map Records of Montgomery County, 3-42 Texas; same being the Southeast corner of Lake Chateau Woods, 3-43 Section One; 3-44 THENCE South 89 degrees 42 minutes 50 seconds West, a 3-45 distance of 174.00 feet along the South line of Lake Chateau Woods, 3-46 Section One to a point for angle; 3-47 THENCE South 88 degrees 54 minutes 50 seconds West, a 3-48 distance of 400.00 feet along the South line of Lake Chateau Woods, 3-49 Section One to a point for angle; 3-50 THENCE South 85 degrees 23 minutes 19 seconds West, a 3-51 distance of 346.39 feet along the South line of Lake Chateau Woods, 3-52 Section One to a 1/2 inch iron rod, found for a point for angle; 3-53 THENCE South 84 degrees 27 minutes 19 seconds West, a 3-54 distance of 564.00 feet along the South line of Lake Chateau Woods, 3-55 Section One to a 1/2 inch iron rod, found for an angle point in the 3-56 herein described tract and the Southwest corner of Lake Chateau 3-57 Woods, Section One, same being the original point of beginning 3-58 describing the Corporate Limits of Chateau Woods as recorded in 3-59 Volume 929, Page 556 of the Deed Records of Montgomery County, 3-60 Texas; 3-61 THENCE continuing South 84 degrees 27 minutes 19 seconds 3-62 West, a distance of 395.00 feet crossing the complete right-of-way 3-63 for the Missouri-Pacific Rail Road, to a point for corner of the 3-64 herein described tract and being that same corner referenced in the 3-65 14.675 acre annexation August, 1985; 3-66 THENCE North 19 degrees 40 minutes 47 seconds West, a 3-67 distance of 226.91 feet to a 3/4 inch iron rod, found for corner 3-68 and being in the East line of Blueberry Hill Estates as recorded in 3-69 Volume 7, Page 217 of the Map records of Montgomery County, Texas; 3-70 THENCE South 87 degrees 35 minutes 17 seconds West, a 4-1 distance of 331.58 feet severing Blueberry Hill estates, to a 3/4 4-2 inch iron rod, found in the West right-of-way line of Blueberry 4-3 Hill Drive, based on a width of 60 feet; 4-4 THENCE South 87 degrees 36 minutes 31 seconds West, a 4-5 distance of 263.66 feet to a fence post found at corner in the East 4-6 line of Oak Ridge North, Section 9 as recorded in Cabinet A, Sheet 4-7 5 of the Map Records of Montgomery County, Texas, same being the 4-8 West line of Blueberry Hill Estates, in the East line of the 4-9 Montgomery County School Land Survey, A-350 common to the East line 4-10 of the Charles Eisterwall Survey, A-191; 4-11 THENCE North 02 degrees 14 minutes 57 seconds West, a 4-12 distance of 423.68 feet along the East line of the Charles 4-13 Eisterwall Survey and the West line of the Montgomery County School 4-14 Land Survey to a 1/2 inch iron rod, found for the Northeast corner 4-15 of Oak Ridge North, Section 9, and the Northwest corner of 4-16 Blueberry Hill estates, in the South right-of-way line of Woodson 4-17 Road for an angle point in the West line of the herein described 4-18 tract; 4-19 THENCE North 00 degrees 36 minutes 25 seconds East, a 4-20 distance of 61.18 feet crossing Woodson Road, back to the POINT OF 4-21 BEGINNING of the herein described tract, containing 412.3198 acres 4-22 of land, more or less, based on the survey and plat prepared by 4-23 Michael Glezman Surveying, dated January, 1993. 4-24 (b) If, on the day preceding the date on which the canvass 4-25 of the election authorized by Section 9 of this Act is completed, 4-26 the corporate boundaries of the city of Chateau Woods are not as 4-27 described in Subsection (a) of this section, the district includes 4-28 the territory included within the corporate boundaries of Chateau 4-29 Woods on that day. 4-30 SECTION 4. FINDING OF BENEFIT. All of the land and other 4-31 property included within the boundaries of the district will be 4-32 benefited by the works and projects that are to be accomplished by 4-33 the district under powers conferred by Article XVI, Section 59, of 4-34 the Texas Constitution. The district is created to serve a public 4-35 use and benefit. 4-36 SECTION 5. POWERS. (a) The district has all of the rights, 4-37 powers, privileges, authority, functions, and duties provided by 4-38 the general law of this state, including Chapters 50 and 54, Water 4-39 Code, applicable to municipal utility districts created under 4-40 Article XVI, Section 59, of the Texas Constitution. This Act 4-41 prevails over any provision of general law that is in conflict or 4-42 inconsistent with this Act. 4-43 (b) The rights, powers, privileges, authority, functions, 4-44 and duties of the district are subject to the continuing right of 4-45 supervision of the state to be exercised by and through the Texas 4-46 Water Commission. 4-47 SECTION 6. BOARD OF DIRECTORS. (a) The district is 4-48 governed by a board of five directors. 4-49 (b) A vacancy in the office of director shall be filled by 4-50 appointment of the board until the next election for directors. If 4-51 the position is not scheduled to be filled at the election, the 4-52 person elected to fill the position shall serve only for the 4-53 remainder of the unexpired term. 4-54 (c) To be eligible to serve as director, a person must be a 4-55 registered voter and reside in the district. 4-56 SECTION 7. SERVICE OF DIRECTORS. (a) Temporary directors 4-57 serve until initial directors are elected under Section 11 of this 4-58 Act. 4-59 (b) Initial directors serve until permanent directors are 4-60 elected under Section 15 of this Act. 4-61 (c) Permanent directors serve staggered four-year terms. 4-62 (d) Each director must qualify to serve as director in the 4-63 manner provided by Sections 54.025 and 54.116, Water Code. 4-64 (e) A director serves until the director's successor has 4-65 qualified. 4-66 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of 4-67 directors is composed of: 4-68 (1) Loretta Brown 4-69 (2) Kenneth Smith 4-70 (3) Eugene Mertz 5-1 (4) Betty Lambright 5-2 (5) Leon Jones 5-3 (b) If a temporary director fails to qualify for office, the 5-4 temporary directors who have qualified shall appoint a person to 5-5 fill the vacancy. If at any time there are fewer than three 5-6 qualified temporary directors, the Texas Water Commission shall 5-7 appoint the necessary number of persons to fill all vacancies on 5-8 the board. 5-9 SECTION 9. ELECTION TO ABOLISH CITY, CONFIRM DISTRICT, AND 5-10 ELECT INITIAL DIRECTORS. The mayor of the city of Chateau Woods 5-11 shall call an election to be held on August 14, 1993, to abolish 5-12 the city, to confirm the creation of the district, and to elect 5-13 five initial directors of the district. The city shall pay the 5-14 costs of the election. 5-15 SECTION 10. BALLOT PROPOSITION. The ballot for the election 5-16 to abolish the city of Chateau Woods and to confirm the creation of 5-17 the district shall be printed to permit voting for or against the 5-18 proposition: "The abolition of the city of Chateau Woods; the 5-19 creation of the Chateau Woods Municipal Utility District; the 5-20 transfer to the district of the assets and obligations of the city 5-21 of Chateau Woods relating to the city's water and sewer system; and 5-22 the levy of an ad valorem tax at a rate equal to the rate 5-23 previously set by the city to pay the bonded indebtedness of the 5-24 city relating to the city's water and sewer system." 5-25 SECTION 11. ELECTION OF INITIAL DIRECTORS. (a) A person 5-26 who desires to be a candidate for the office of initial director 5-27 may file an application with the mayor of the city of Chateau Woods 5-28 and the temporary board of directors to have the candidate's name 5-29 printed on the ballot as provided by Section 51.075, Water Code. 5-30 (b) At the election to abolish the city, confirm the 5-31 creation of the district, and elect initial directors, the mayor 5-32 and the temporary board of directors shall have the names of the 5-33 five persons serving as temporary directors placed on the ballot 5-34 together with the name of any candidate filing for the office of 5-35 director as provided by Subsection (a) of this section and blank 5-36 spaces to write in the names of other persons. If the city is 5-37 abolished and the district is created at the election, the mayor 5-38 and the temporary directors, at the time the vote is canvassed, 5-39 shall declare the five persons who receive the most votes to be 5-40 elected as the initial directors and shall include the results of 5-41 the directors' election in the election report to the Texas Water 5-42 Commission. If the city is not abolished and the district is not 5-43 created, the election of the temporary board of directors has no 5-44 effect. 5-45 SECTION 12. ABOLITION AND CONFIRMATION ELECTION RETURNS. 5-46 (a) The city is abolished and the district is created if a 5-47 majority of the voters in the city of Chateau Woods voting in the 5-48 election held under this Act favor the proposition. 5-49 (b) The district is not created and the city is not 5-50 abolished if a majority of the voters in the election do not favor 5-51 the proposition. 5-52 SECTION 13. DECLARATION AND CERTIFICATION OF ABOLITION; 5-53 TRANSFER OF ASSETS. If the city of Chateau Woods is abolished and 5-54 the district is created under this Act: 5-55 (1) the abolition of the city shall be declared and 5-56 certified as provided by Section 62.004, Local Government Code; 5-57 (2) all assets and obligations of the city, other than 5-58 assets and obligations related to the city's water and sewer 5-59 systems, shall be disposed of as provided by Subchapter E, Chapter 5-60 62, Local Government Code, and any assets remaining after all debts 5-61 have been satisfied may be transferred to the district; and 5-62 (3) all assets and obligations of the city relating to 5-63 the city's water and sewer system, including delinquent taxes owed 5-64 to the city, are transferred to the district on the 30th day after 5-65 the date of the canvass of the election has been completed. 5-66 SECTION 14. APPLICATION OF OTHER LAW. Except as provided 5-67 by this section and by Sections 8-12 of this Act, the election 5-68 authorized by Section 9 of this Act shall be conducted as provided 5-69 by Chapter 54, Water Code, and by the Election Code. 5-70 SECTION 15. ELECTION OF DIRECTORS. On the first Saturday 6-1 in May of the second year after the year in which the election 6-2 authorized by Section 9 of this Act is held, an election shall be 6-3 held in the district for the election of two directors who shall 6-4 each serve two-year terms and three directors who shall each serve 6-5 four-year terms. Thereafter, on the same date in each subsequent 6-6 second year, the appropriate number of directors shall be elected 6-7 to the board. 6-8 SECTION 16. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 6-9 (a) The proper and legal notice of the intention to introduce this 6-10 Act, setting forth the general substance of this Act, has been 6-11 published as provided by law, and the notice and a copy of this Act 6-12 have been furnished to all persons, agencies, officials, or 6-13 entities to which they are required to be furnished by the 6-14 constitution and other laws of this state, including the governor, 6-15 who has submitted the notice and Act to the Texas Water Commission. 6-16 (b) The Texas Water Commission has filed its recommendations 6-17 relating to this Act with the governor, lieutenant governor, and 6-18 speaker of the house of representatives within the required time. 6-19 (c) All requirements of the constitution and laws of this 6-20 state and the rules and procedures of the legislature with respect 6-21 to the notice, introduction, and passage of this Act are fulfilled 6-22 and accomplished. 6-23 SECTION 17. EMERGENCY. The importance of this legislation 6-24 and the crowded condition of the calendars in both houses create an 6-25 emergency and an imperative public necessity that the 6-26 constitutional rule requiring bills to be read on three several 6-27 days in each house be suspended, and this rule is hereby suspended, 6-28 and that this Act take effect and be in force from and after its 6-29 passage, and it is so enacted. 6-30 * * * * * 6-31 Austin, 6-32 Texas 6-33 May 21, 1993 6-34 Hon. Bob Bullock 6-35 President of the Senate 6-36 Sir: 6-37 We, your Committee on Natural Resources to which was referred H.B. 6-38 No. 2815, have had the same under consideration, and I am 6-39 instructed to report it back to the Senate with the recommendation 6-40 that it do not pass, but that the Committee Substitute adopted in 6-41 lieu thereof do pass and be printed. 6-42 Sims, 6-43 Chairman 6-44 * * * * * 6-45 WITNESSES 6-46 FOR AGAINST ON 6-47 ___________________________________________________________________ 6-48 Name: John Brown x 6-49 Representing: City of Chateau Woods 6-50 City: Conroe 6-51 -------------------------------------------------------------------