H.B. No. 2828
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Beach Road 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 the Beach Road Municipal Utility District,
1-8 is created in Matagorda County, subject to approval at a
1-9 confirmation election under Section 9 of this Act. The district is
1-10 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. DEFINITION. In this Act, "district" means the
1-15 Beach Road Municipal Utility District.
1-16 SECTION 3. BOUNDARIES. The district includes the territory
1-17 contained within the following area:
1-18 TRACT 1
1-19 Beginning at the northerly corner of Hubert and Watson Subdivision,
1-20 a subdivision of record found in Plat Cabinet 1, Page 375-A and
1-21 375-B of the Plat Records of said Matagorda County;
1-22 Thence, S 57 11' 17" E, along the northeast line of said
1-23 subdivision, pass at a distance of 461.59 feet an iron rod which
1-24 bears N 32 48' 43" E, a distance of 0.61 feet found for the common
2-1 corner of Lot 35 A and 34 A of said subdivision, pass at a distance
2-2 of 907.35 feet an iron rod which bears N 32 48' 43" E, a distance
2-3 of 0.15 feet found for the common corner of Lot 27 A and 26 A of
2-4 said subdivision, pass at a distance of 1297.00 feet an iron rod
2-5 found for the corner of Lot 20 A and 19 A, and continuing for a
2-6 total distance of 1736.48 feet to the easterly corner of said
2-7 Hubert and Watson Subdivision and for a corner of the herein
2-8 described tract of land;
2-9 Thence, S 30 58' 33" E, along the east line of said subdivision,
2-10 pass at a distance of 306.76 feet the northeast right-of-way line
2-11 of Mobile Street, and continuing for a total distance of 443.33
2-12 feet to an iron rod found on the southwest right-of-way line of
2-13 Mobile Street being the northeast line of Lot 3 of said Hubert and
2-14 Watson Subdivision;
2-15 Thence, S 57 08' 05" E , along said southwest right-of-way line, a
2-16 distance of 126.50 feet to the most easterly corner of Lot 1 of
2-17 said subdivision, being a corner of said subdivision and a corner
2-18 of the herein described tract of land;
2-19 Thence, S 80 34' 04" E, continuing along the southwesterly
2-20 right-of-way line of Mobile Street, a distance of 152.31 feet to a
2-21 point on the northerly line of River Bend Villas Subdivision, a
2-22 subdivision of record found in Plat Cabinet 1, Page 218-A and 218-B
2-23 of said Matagorda County Plat Records, said point being at the
2-24 northeast corner of Lot 28 of said subdivision, and being on the
2-25 westerly right-of-way line of Colorado Street;
2-26 Thence, N 58 23' 23" E, along the northerly line of said River
2-27 Bend Villas Subdivision and the southerly right-of-way line of
3-1 Mobile Street, a distance of 197.51 feet to the northerly corner of
3-2 said subdivision, from which said corner, an iron rod with aluminum
3-3 cap stamped "MUD4" bears N 1 54' 55" E, a distance of 74.73 feet;
3-4 Thence, S 30 59' 34" E, along the easterly line said subdivision
3-5 and the westerly right-of-way line of Mobile Street, pass at a
3-6 distance of 650.42 feet an iron rod which bears N 59 00' 26" E, a
3-7 distance of 0.09 feet found for the common corner of Lot 72 and Lot
3-8 71 of said subdivision, and pass at a distance of 1010.56 feet an
3-9 iron rod found for the common corner of Lot 65 and Lot 64 of said
3-10 subdivision, and continuing for a total distance of 1011.81 feet to
3-11 a point on the curving west right-of-way line of F.M. Highway 2031
3-12 and for a corner of the herein described tract of land;
3-13 Thence, along said curving right-of-way line being a curve to the
3-14 left, having a radius of 5804.58 feet, a central angle of 11 18'
3-15 38", a chord which bears S 5 48' 50" E, a distance of 1144.00
3-16 feet, for an arc distance of 1145.86 feet to a concrete monument
3-17 found at a point of tangency;
3-18 Thence, S 11 28' 09" E, continuing along the west right-of-way
3-19 line of F.M. Highway 2031 and the east line of said River Bend
3-20 Villas Subdivision, pass at a distance of 499.96 feet an iron rod
3-21 which bears N 78 31' 51" E, a distance of 1.30 feet, found for the
3-22 common corner of Lot 81 and Lot 82 of said subdivision, pass at a
3-23 distance of 900.09 feet an iron rod which bears N 78 31' 51" E, a
3-24 distance of 2.22 feet, found for the common corner of Lot 89 and
3-25 Lot 90 of said subdivision, pass at a distance of 1343.19 feet the
3-26 southerly corner of said subdivision, pass at a distance of 1741.06
3-27 feet the easterly corner of Colorado River Estates, Section Two, a
4-1 subdivision of record found in Plat Cabinet A, Page 262-A through
4-2 264-A of said Matagorda Plat Records, pass at a distance of 1925.16
4-3 feet an iron rod with aluminum cap stamped "MUD3" set for
4-4 reference, which bears N 78 31' 51" E, a distance of 58.05 feet,
4-5 pass at a distance of 2660.47 feet an iron rod which bears N 78
4-6 31' 51" E, a distance of 1.89 feet, found for the common corner of
4-7 Lot 74 and Lot 75 of said Colorado River Estates, Section Two
4-8 subdivision, and continuing for a total distance of 3014.70 feet to
4-9 a point at the intersection of the water's edge of the Colorado
4-10 River and the west right-of-way line of said F.M. Highway 2031 and
4-11 being the most southerly corner of the herein described tract of
4-12 land;
4-13 Thence, along the water's edge of said Colorado River, the
4-14 following fifteen (15) courses;
4-15 1) N 20 15' 18" W, a distance of 325.18 feet;
4-16 2) N 19 46' 07" W, a distance of 1074.96 feet;
4-17 3) N 20 33' 53" W, a distance of 508.84 feet;
4-18 4) N 21 36' 27" W, a distance of 589.79 feet;
4-19 5) N 9 50' 18" W, a distance of 699.01 feet;
4-20 6) N 0 14' 31" E, a distance of 236.00 feet;
4-21 7) N 5 12' 44" W, a distance of 304.03 feet;
4-22 8) N 12 02' 52" W, a distance of 549.51 feet;
4-23 9) N 27 59' 30" W, a distance of 400.36 feet;
4-24 10) N 42 55' 05" W, a distance of 268.66 feet;
4-25 11) N 53 02' 40" W, a distance of 703.21 feet;
4-26 12) N 58 59' 11" W, a distance of 476.48 feet;
4-27 13) N 57 41' 18" W, a distance of 545.69 feet;
5-1 14) N 58 25' 31" W, a distance of 815.23 feet;
5-2 15) N 58 07' 51" W, a distance of 71.41 feet to a point at
5-3 the most westerly corner of the above referenced Hubert and
5-4 Watson Subdivision, and for a corner of the herein described
5-5 tract of land;
5-6 Thence, N 60 55' 26" E, along the northerly line of said
5-7 subdivision, a distance of 390.98 feet to the Point of Beginning,
5-8 and containing 48.833 acres of land, more or less.
5-9 TRACT 2
5-10 Beginning at a point on the west right-of-way line of F.M. Highway
5-11 2031 opposite approximate highway centerline station 129+62.38 and
5-12 being on the east line of Lot 8 of Colorado River Estates Section
5-13 Two, a subdivision of record found in Plat Cabinet A, Page 262-A
5-14 through 264-A of the Plat Records of Matagorda County, Texas;
5-15 Thence, S 14 48' 38" W, along the west right-of-way line of said
5-16 F.M. Highway 2031 and the east line of said Colorado River Estates
5-17 Section Two subdivision, a distance of 686.63 feet to a point of
5-18 intersection of said west right-of-way line and the water's edge of
5-19 the Colorado River and for the most southerly corner of the herein
5-20 described tract of land, and from which said point, a concrete
5-21 right-of-way marker opposite approximate highway centerline station
5-22 154+96.84 bears, S 14 48' 38" W, a distance of 613.04 feet, S 14
5-23 10' 51" W, a distance of 253.46 feet, and S 13 33' 05" W, a
5-24 distance of 982.95 feet;
5-25 Thence, along the water's edge of said Colorado River the following
5-26 three (3) courses;
5-27 1) N 12 30' 50" E, a distance of 401.55 feet;
6-1 2) N 9 21' 08" E, a distance of 528.19 feet;
6-2 3) N 4 33' 38" E, a distance of 341.46 feet to a point at
6-3 the intersection of said water's edge and the curving west
6-4 right-of-way line of said F.M. Highway 2031 and for the most
6-5 northerly corner of the herein described tract of land;
6-6 Thence, along said curving west right-of-way line being a curve to
6-7 the right, having a radius of 1357.39 feet, a central angle of 25
6-8 06' 55", a chord which bears S 2 22' 35" W, a distance of 590.25
6-9 feet, for an arc distance of 595.00 feet to the Point of Beginning,
6-10 and containing 0.771 acres of land, more or less.
6-11 TRACT 3
6-12 Beginning at a point at the southeast corner of Colorado River
6-13 Estates Section Two, a subdivision of record found in Plat Cabinet
6-14 A, Page 262-A through 264-A of the Plat Records of Matagorda
6-15 County, Texas and being on the west right-of-way line of F.M.
6-16 Highway 2031 opposite approximate highway centerline station
6-17 206+11.27 and from which said point a 1/2" iron rod with aluminum
6-18 cap stamped "MUD1", bears S 17 07' 11" E, a distance of 108.48
6-19 feet, said point being the southeast corner of the herein described
6-20 tract of land;
6-21 Thence, N 86 59' 55" W, along the south line of Lot 218 of said
6-22 subdivision and the south line of said subdivision, a distance of
6-23 52.62 feet to a point at the intersection of the south line of said
6-24 subdivision and the water's edge of the Colorado River;
6-25 Thence, along the water's edge of said Colorado River, the
6-26 following nineteen (19) course;
6-27 1) N 11 15' 59" E, a distance of 672.92 feet;
7-1 2) N 13 42' 04" E, a distance of 716.43 feet;
7-2 3) N 13 59' 54" E, a distance of 599.55 feet;
7-3 4) N 13 22' 15" E, a distance of 1136.62 feet;
7-4 5) N 12 55' 40" E, a distance of 647.69 feet;
7-5 6) N 13 30' 55" E, a distance of 885.45 feet;
7-6 7) N 14 28' 40" E, a distance of 509.44 feet;
7-7 8) N 13 57' 48" E, a distance of 770.36 feet;
7-8 9) N 13 43' 41" E, a distance of 650.41 feet;
7-9 10) N 12 39' 39" E, a distance of 387.05 feet;
7-10 11) N 15 07' 17" E, a distance of 585.78 feet;
7-11 12) N 15 42' 15" E, a distance of 336.42 feet;
7-12 13) N 14 34' 28" E, a distance of 552.79 feet;
7-13 14) N 11 57' 42" E, a distance of 337.95 feet;
7-14 15) N 14 06' 25" E, a distance of 224.70 feet;
7-15 16) N 13 48' 31" E, a distance of 540.32 feet;
7-16 17) N 13 24' 20" E, a distance of 516.32 feet;
7-17 18) N 13 29' 28" E, a distance of 282.25 feet;
7-18 19) N 20 55' 10" E, a distance of 414.10 feet to a point at
7-19 the intersection of said water's edge and the west
7-20 right-of-way line of said F.M. Highway 2031, and being the
7-21 most northerly corner of the herein described tract of land;
7-22 Thence, S 14 48' 38" W, along the west right-of-way of said F.M.
7-23 Highway 2031, pass at a distance of 147.59 feet a point at the most
7-24 northerly corner of Lot 31 of said Colorado River Estates Section
7-25 Two Subdivision, and continuing for a total distance of 400.93 feet
7-26 to a point at the beginning of a curve;
7-27 Thence, along said right-of-way line being a curve to the left,
8-1 having a radius of 11534.16 feet, a central angle of 1 15' 34", a
8-2 chord which bears S 14 10' 51" W, a distance of 253.46 feet, for
8-3 an arc distance of 253.48 feet to a point of tangency;
8-4 Thence, S 13 33' 05" W, along said west right-of-way line, pass at
8-5 a distance of 982.95 feet, a concrete monument found, pass at a
8-6 distance of 1458.81 feet an iron rod found which bears N 76 26'
8-7 56" W, a distance of 0.35 feet for the common corner of Lot 63 and
8-8 Lot 64 of said subdivision, pass at a distance of 1489.49 feet an
8-9 concrete monument found which bears S 76 26' 56" E, a distance of
8-10 0.06 feet, pass at a distance of 1525.16 feet a railroad spike set
8-11 for reference in the center of the pavement of said F.M. Highway
8-12 2031, which bears S 76 26' 56" E, a distance of 77.82 feet, pass
8-13 at a distance of 4098.51 feet an iron rod with aluminum cap stamped
8-14 "MUD2" set for reference, which bears S 76 26' 56" E, a distance
8-15 of 45.30 feet, and continuing for a total distance of 5516.47 feet
8-16 to an angle point in said right-of-way line;
8-17 Thence, S 13 34' 17" W, continuing along said west right-of-way
8-18 line, pass at a distance of 164.86 feet, an iron rod found, which
8-19 bears S 76 25' 43" E, a distance of 1.22 feet for the common
8-20 corner of Lot 138A and Lot 139 of said Colorado River Estates
8-21 Section Two Subdivision, pass at a distance of 488.12 feet, a
8-22 railroad spike set for reference in the center of the pavement of
8-23 said F.M. Highway, which bears S 76 25' 43" E, a distance of 75.32
8-24 feet, pass at a distance of 978.55 feet, a concrete monument found,
8-25 which bears S 76 25' 43" E, a distance of 1.83 feet, pass at a
8-26 distance of 1624.60 feet, an iron rod found, which bears S 76 25'
8-27 43" E, a distance of 1.28 feet for the common corner of Lot 164 and
9-1 Lot 165 of said Colorado River Estates Section Two Subdivision,
9-2 pass at a distance of 3363.94 feet, an iron rod found, which bears
9-3 S 76 25' 43" E, a distance of 2.87 feet for the common corner of
9-4 Lot 197 and Lot 198 of said Colorado River Estates Section Two
9-5 Subdivision, and continuing for a total distance of 4000.29 feet to
9-6 an angle point in said right-of-way line;
9-7 Thence, S 13 26' 22" W, continuing along said west right-of-way
9-8 line of said F.M. Highway, pass at a distance of 270.11 feet, an
9-9 iron rod found, which bears S 76 33' 38" E, a distance of 2.18
9-10 feet for the common corner of Lot 213 and Lot 214 of said Colorado
9-11 River Estates Section Two Subdivision, and continuing for a total
9-12 distance of 580.98 feet to the Point of Beginning, and containing
9-13 15.694 acres of land, more or less.
9-14 TRACT 4
9-15 Beginning at an iron rod found on the projection of the centerline
9-16 of Mobile Street and the curving east right-of-way line of F.M.
9-17 Highway 2031, and being the most northerly corner of that certain
9-18 2.0 acre tract of land conveyed from R. B. Green, Trustee to R. B.
9-19 Green by deed dated May 20, 1987 and recorded in Volume 152, Page
9-20 245-246 of the Official Records of said Matagorda County;
9-21 Thence, S 30 59' 39" E, continuing along said projected centerline
9-22 of Mobile Street and the northeast line of said 2.0 acre tract of
9-23 land, a distance of 646.11 feet to an iron rod found for the
9-24 southeast corner of said 2.0 acre tract of land and being the
9-25 southeast corner of the herein described tract of land;
9-26 Thence, S 81 41' 27" W, along the south line of said 2.0 acre
9-27 tract of land, a distance of 281.53 feet to an iron rod found for
10-1 the southwest corner of said 2.0 acre tract of land being on the
10-2 curving east right-of-way line of said F.M. Highway 2031, from
10-3 which said iron rod a concrete right-of-way marker opposite
10-4 approximate highway centerline station 82+20.70 bears S 14 36' 43"
10-5 W, a distance of 361.21 feet, said iron rod being the southwest
10-6 corner of the herein described tract of land ;
10-7 Thence, along said curving right-of-way line being a curve to the
10-8 right, having a radius of 5654.58 feet, a central angle of 6 03'
10-9 04", a chord which bears N 5 12' 12" W, a distance of 597.00 feet,
10-10 for an arc distance of 597.19 feet to the Point of Beginning, and
10-11 containing 1.998 acres of land more or less.
10-12 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
10-13 finds that the boundaries and field notes of the district form a
10-14 closure. A mistake in the field notes or in copying the field
10-15 notes in the legislative process does not affect the organization,
10-16 existence, or validity of the district, the right of the district
10-17 to levy and collect taxes, or the legality or operation of the
10-18 district or its governing body.
10-19 SECTION 5. FINDING OF BENEFIT. All of the land and other
10-20 property included within the boundaries of the district will be
10-21 benefited by the works and projects that are to be accomplished by
10-22 the district under powers conferred by Article XVI, Section 59, of
10-23 the Texas Constitution. The district is created to serve a public
10-24 use and benefit.
10-25 SECTION 6. POWERS. (a) The district has all of the rights,
10-26 powers, privileges, authority, functions, and duties provided by
10-27 the general law of this state, including Chapters 50 and 54, Water
11-1 Code, applicable to municipal utility districts created under
11-2 Article XVI, Section 59, of the Texas Constitution. This Act
11-3 prevails over any provision of general law that is in conflict or
11-4 inconsistent with this Act.
11-5 (b) The rights, powers, privileges, authority, functions,
11-6 and duties of the district are subject to the continuing right of
11-7 supervision of the state to be exercised by and through the Texas
11-8 Water Commission.
11-9 SECTION 7. BOARD OF DIRECTORS. (a) The district is
11-10 governed by a board of five directors.
11-11 (b) Temporary directors serve until initial permanent
11-12 directors are elected under Section 9.
11-13 (c) Initial permanent directors serve until permanent
11-14 directors are elected under Section 10.
11-15 (d) Permanent directors other than initial permanent
11-16 directors serve staggered four-year terms.
11-17 (e) Each director must qualify to serve as director in the
11-18 manner provided by Section 54.025 or 54.116, Water Code, as
11-19 appropriate.
11-20 (f) A director serves until the director's successor has
11-21 qualified.
11-22 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
11-23 directors is composed of:
11-24 (1) Charles Booth;
11-25 (2) Ben Chupick;
11-26 (3) Dr. Kenneth Culberth;
11-27 (4) James Gann; and
12-1 (5) John Rawlings.
12-2 (b) If a temporary director fails to qualify for office, the
12-3 temporary directors who have qualified shall appoint a person to
12-4 fill the vacancy. If at any time there are fewer than three
12-5 qualified temporary directors, the Texas Water Commission shall
12-6 appoint the necessary number of persons to fill all vacancies on
12-7 the board.
12-8 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
12-9 (a) The temporary board of directors shall call and hold an
12-10 election to confirm establishment of the district and to elect five
12-11 initial directors as provided by Chapter 54, Water Code.
12-12 (b) Section 41.001(a), Election Code, does not apply to a
12-13 confirmation election held as provided by this section.
12-14 SECTION 10. ELECTION OF DIRECTORS. On the first Saturday in
12-15 May of the second year after the year in which the confirmation
12-16 election is held, an election shall be held in the district for the
12-17 election of two directors who shall each serve two-year terms and
12-18 three directors who shall each serve four-year terms. Thereafter,
12-19 on the same date in each subsequent second year, the appropriate
12-20 number of directors shall be elected to the board.
12-21 SECTION 11. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
12-22 (a) The proper and legal notice of the intention to introduce this
12-23 Act, setting forth the general substance of this Act, has been
12-24 published as provided by law, and the notice and a copy of this Act
12-25 have been furnished to all persons, agencies, officials, or
12-26 entities to which they are required to be furnished by the
12-27 constitution and other laws of this state, including the governor,
13-1 who has submitted the notice and Act to the Texas Water Commission.
13-2 (b) The Texas Water Commission has filed its recommendations
13-3 relating to this Act with the governor, lieutenant governor, and
13-4 speaker of the house of representatives within the required time.
13-5 (c) All requirements of the constitution and laws of this
13-6 state and the rules and procedures of the legislature with respect
13-7 to the notice, introduction, and passage of this Act are fulfilled
13-8 and accomplished.
13-9 SECTION 12. EMERGENCY. The importance of this legislation
13-10 and the crowded condition of the calendars in both houses create an
13-11 emergency and an imperative public necessity that the
13-12 constitutional rule requiring bills to be read on three several
13-13 days in each house be suspended, and this rule is hereby suspended,
13-14 and that this Act take effect and be in force from and after its
13-15 passage, and it is so enacted.