1-1 By: Uher (Senate Sponsor - Armbrister) H.B. No. 2828
1-2 (In the Senate - Received from the House May 3, 1993;
1-3 May 4, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 21, 1993, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 21, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the creation, administration, powers, duties,
1-22 operation, and financing of the Beach Road Municipal Utility
1-23 District.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. CREATION. (a) A conservation and reclamation
1-26 district, to be known as the Beach Road Municipal Utility District,
1-27 is created in Matagorda County, subject to approval at a
1-28 confirmation election under Section 9 of this Act. The district is
1-29 a governmental agency and a body politic and corporate.
1-30 (b) The district is created under and is essential to
1-31 accomplish the purposes of Article XVI, Section 59, of the Texas
1-32 Constitution.
1-33 SECTION 2. DEFINITION. In this Act, "district" means the
1-34 Beach Road Municipal Utility District.
1-35 SECTION 3. BOUNDARIES. The district includes the territory
1-36 contained within the following area:
1-37 TRACT 1
1-38 Beginning at the northerly corner of Hubert and Watson Subdivision,
1-39 a subdivision of record found in Plat Cabinet 1, Page 375-A and
1-40 375-B of the Plat Records of said Matagorda County;
1-41 Thence, S 57 11' 17" E, along the northeast line of said
1-42 subdivision, pass at a distance of 461.59 feet an iron rod which
1-43 bears N 32 48' 43" E, a distance of 0.61 feet found for the common
1-44 corner of Lot 35 A and 34 A of said subdivision, pass at a distance
1-45 of 907.35 feet an iron rod which bears N 32 48' 43" E, a distance
1-46 of 0.15 feet found for the common corner of Lot 27 A and 26 A of
1-47 said subdivision, pass at a distance of 1297.00 feet an iron rod
1-48 found for the corner of Lot 20 A and 19 A, and continuing for a
1-49 total distance of 1736.48 feet to the easterly corner of said
1-50 Hubert and Watson Subdivision and for a corner of the herein
1-51 described tract of land;
1-52 Thence, S 30 58' 33" E, along the east line of said subdivision,
1-53 pass at a distance of 306.76 feet the northeast right-of-way line
1-54 of Mobile Street, and continuing for a total distance of 443.33
1-55 feet to an iron rod found on the southwest right-of-way line of
1-56 Mobile Street being the northeast line of Lot 3 of said Hubert and
1-57 Watson Subdivision;
1-58 Thence, S 57 08' 05" E , along said southwest right-of-way line, a
1-59 distance of 126.50 feet to the most easterly corner of Lot 1 of
1-60 said subdivision, being a corner of said subdivision and a corner
1-61 of the herein described tract of land;
1-62 Thence, S 80 34' 04" E, continuing along the southwesterly
1-63 right-of-way line of Mobile Street, a distance of 152.31 feet to a
1-64 point on the northerly line of River Bend Villas Subdivision, a
1-65 subdivision of record found in Plat Cabinet 1, Page 218-A and 218-B
1-66 of said Matagorda County Plat Records, said point being at the
1-67 northeast corner of Lot 28 of said subdivision, and being on the
1-68 westerly right-of-way line of Colorado Street;
2-1 Thence, N 58 23' 23" E, along the northerly line of said River
2-2 Bend Villas Subdivision and the southerly right-of-way line of
2-3 Mobile Street, a distance of 197.51 feet to the northerly corner of
2-4 said subdivision, from which said corner, an iron rod with aluminum
2-5 cap stamped "MUD4" bears N 1 54' 55" E, a distance of 74.73 feet;
2-6 Thence, S 30 59' 34" E, along the easterly line said subdivision
2-7 and the westerly right-of-way line of Mobile Street, pass at a
2-8 distance of 650.42 feet an iron rod which bears N 59 00' 26" E, a
2-9 distance of 0.09 feet found for the common corner of Lot 72 and Lot
2-10 71 of said subdivision, and pass at a distance of 1010.56 feet an
2-11 iron rod found for the common corner of Lot 65 and Lot 64 of said
2-12 subdivision, and continuing for a total distance of 1011.81 feet to
2-13 a point on the curving west right-of-way line of F.M. Highway 2031
2-14 and for a corner of the herein described tract of land;
2-15 Thence, along said curving right-of-way line being a curve to the
2-16 left, having a radius of 5804.58 feet, a central angle of 11 18'
2-17 38", a chord which bears S 5 48' 50" E, a distance of 1144.00
2-18 feet, for an arc distance of 1145.86 feet to a concrete monument
2-19 found at a point of tangency;
2-20 Thence, S 11 28' 09" E, continuing along the west right-of-way
2-21 line of F.M. Highway 2031 and the east line of said River Bend
2-22 Villas Subdivision, pass at a distance of 499.96 feet an iron rod
2-23 which bears N 78 31' 51" E, a distance of 1.30 feet, found for the
2-24 common corner of Lot 81 and Lot 82 of said subdivision, pass at a
2-25 distance of 900.09 feet an iron rod which bears N 78 31' 51" E, a
2-26 distance of 2.22 feet, found for the common corner of Lot 89 and
2-27 Lot 90 of said subdivision, pass at a distance of 1343.19 feet the
2-28 southerly corner of said subdivision, pass at a distance of 1741.06
2-29 feet the easterly corner of Colorado River Estates, Section Two, a
2-30 subdivision of record found in Plat Cabinet A, Page 262-A through
2-31 264-A of said Matagorda Plat Records, pass at a distance of 1925.16
2-32 feet an iron rod with aluminum cap stamped "MUD3" set for
2-33 reference, which bears N 78 31' 51" E, a distance of 58.05 feet,
2-34 pass at a distance of 2660.47 feet an iron rod which bears N 78
2-35 31' 51" E, a distance of 1.89 feet, found for the common corner of
2-36 Lot 74 and Lot 75 of said Colorado River Estates, Section Two
2-37 subdivision, and continuing for a total distance of 3014.70 feet to
2-38 a point at the intersection of the water's edge of the Colorado
2-39 River and the west right-of-way line of said F.M. Highway 2031 and
2-40 being the most southerly corner of the herein described tract of
2-41 land;
2-42 Thence, along the water's edge of said Colorado River, the
2-43 following fifteen (15) courses;
2-44 1) N 20 15' 18" W, a distance of 325.18 feet;
2-45 2) N 19 46' 07" W, a distance of 1074.96 feet;
2-46 3) N 20 33' 53" W, a distance of 508.84 feet;
2-47 4) N 21 36' 27" W, a distance of 589.79 feet;
2-48 5) N 9 50' 18" W, a distance of 699.01 feet;
2-49 6) N 0 14' 31" E, a distance of 236.00 feet;
2-50 7) N 5 12' 44" W, a distance of 304.03 feet;
2-51 8) N 12 02' 52" W, a distance of 549.51 feet;
2-52 9) N 27 59' 30" W, a distance of 400.36 feet;
2-53 10) N 42 55' 05" W, a distance of 268.66 feet;
2-54 11) N 53 02' 40" W, a distance of 703.21 feet;
2-55 12) N 58 59' 11" W, a distance of 476.48 feet;
2-56 13) N 57 41' 18" W, a distance of 545.69 feet;
2-57 14) N 58 25' 31" W, a distance of 815.23 feet;
2-58 15) N 58 07' 51" W, a distance of 71.41 feet to a point at
2-59 the most westerly corner of the above referenced Hubert and
2-60 Watson Subdivision, and for a corner of the herein described
2-61 tract of land;
2-62 Thence, N 60 55' 26" E, along the northerly line of said
2-63 subdivision, a distance of 390.98 feet to the Point of Beginning,
2-64 and containing 48.833 acres of land, more or less.
2-65 TRACT 2
2-66 Beginning at a point on the west right-of-way line of F.M. Highway
2-67 2031 opposite approximate highway centerline station 129+62.38 and
2-68 being on the east line of Lot 8 of Colorado River Estates Section
2-69 Two, a subdivision of record found in Plat Cabinet A, Page 262-A
2-70 through 264-A of the Plat Records of Matagorda County, Texas;
3-1 Thence, S 14 48' 38" W, along the west right-of-way line of said
3-2 F.M. Highway 2031 and the east line of said Colorado River Estates
3-3 Section Two subdivision, a distance of 686.63 feet to a point of
3-4 intersection of said west right-of-way line and the water's edge of
3-5 the Colorado River and for the most southerly corner of the herein
3-6 described tract of land, and from which said point, a concrete
3-7 right-of-way marker opposite approximate highway centerline station
3-8 154+96.84 bears, S 14 48' 38" W, a distance of 613.04 feet, S 14
3-9 10' 51" W, a distance of 253.46 feet, and S 13 33' 05" W, a
3-10 distance of 982.95 feet;
3-11 Thence, along the water's edge of said Colorado River the following
3-12 three (3) courses;
3-13 1) N 12 30' 50" E, a distance of 401.55 feet;
3-14 2) N 9 21' 08" E, a distance of 528.19 feet;
3-15 3) N 4 33' 38" E, a distance of 341.46 feet to a point at
3-16 the intersection of said water's edge and the curving west
3-17 right-of-way line of said F.M. Highway 2031 and for the most
3-18 northerly corner of the herein described tract of land;
3-19 Thence, along said curving west right-of-way line being a curve to
3-20 the right, having a radius of 1357.39 feet, a central angle of 25
3-21 06' 55", a chord which bears S 2 22' 35" W, a distance of 590.25
3-22 feet, for an arc distance of 595.00 feet to the Point of Beginning,
3-23 and containing 0.771 acres of land, more or less.
3-24 TRACT 3
3-25 Beginning at a point at the southeast corner of Colorado River
3-26 Estates Section Two, a subdivision of record found in Plat Cabinet
3-27 A, Page 262-A through 264-A of the Plat Records of Matagorda
3-28 County, Texas and being on the west right-of-way line of F.M.
3-29 Highway 2031 opposite approximate highway centerline station
3-30 206+11.27 and from which said point a 1/2" iron rod with aluminum
3-31 cap stamped "MUD1", bears S 17 07' 11" E, a distance of 108.48
3-32 feet, said point being the southeast corner of the herein described
3-33 tract of land;
3-34 Thence, N 86 59' 55" W, along the south line of Lot 218 of said
3-35 subdivision and the south line of said subdivision, a distance of
3-36 52.62 feet to a point at the intersection of the south line of said
3-37 subdivision and the water's edge of the Colorado River;
3-38 Thence, along the water's edge of said Colorado River, the
3-39 following nineteen (19) course;
3-40 1) N 11 15' 59" E, a distance of 672.92 feet;
3-41 2) N 13 42' 04" E, a distance of 716.43 feet;
3-42 3) N 13 59' 54" E, a distance of 599.55 feet;
3-43 4) N 13 22' 15" E, a distance of 1136.62 feet;
3-44 5) N 12 55' 40" E, a distance of 647.69 feet;
3-45 6) N 13 30' 55" E, a distance of 885.45 feet;
3-46 7) N 14 28' 40" E, a distance of 509.44 feet;
3-47 8) N 13 57' 48" E, a distance of 770.36 feet;
3-48 9) N 13 43' 41" E, a distance of 650.41 feet;
3-49 10) N 12 39' 39" E, a distance of 387.05 feet;
3-50 11) N 15 07' 17" E, a distance of 585.78 feet;
3-51 12) N 15 42' 15" E, a distance of 336.42 feet;
3-52 13) N 14 34' 28" E, a distance of 552.79 feet;
3-53 14) N 11 57' 42" E, a distance of 337.95 feet;
3-54 15) N 14 06' 25" E, a distance of 224.70 feet;
3-55 16) N 13 48' 31" E, a distance of 540.32 feet;
3-56 17) N 13 24' 20" E, a distance of 516.32 feet;
3-57 18) N 13 29' 28" E, a distance of 282.25 feet;
3-58 19) N 20 55' 10" E, a distance of 414.10 feet to a point at
3-59 the intersection of said water's edge and the west
3-60 right-of-way line of said F.M. Highway 2031, and being the
3-61 most northerly corner of the herein described tract of land;
3-62 Thence, S 14 48' 38" W, along the west right-of-way of said F.M.
3-63 Highway 2031, pass at a distance of 147.59 feet a point at the most
3-64 northerly corner of Lot 31 of said Colorado River Estates Section
3-65 Two Subdivision, and continuing for a total distance of 400.93 feet
3-66 to a point at the beginning of a curve;
3-67 Thence, along said right-of-way line being a curve to the left,
3-68 having a radius of 11534.16 feet, a central angle of 1 15' 34", a
3-69 chord which bears S 14 10' 51" W, a distance of 253.46 feet, for
3-70 an arc distance of 253.48 feet to a point of tangency;
4-1 Thence, S 13 33' 05" W, along said west right-of-way line, pass at
4-2 a distance of 982.95 feet, a concrete monument found, pass at a
4-3 distance of 1458.81 feet an iron rod found which bears N 76 26'
4-4 56" W, a distance of 0.35 feet for the common corner of Lot 63 and
4-5 Lot 64 of said subdivision, pass at a distance of 1489.49 feet an
4-6 concrete monument found which bears S 76 26' 56" E, a distance of
4-7 0.06 feet, pass at a distance of 1525.16 feet a railroad spike set
4-8 for reference in the center of the pavement of said F.M. Highway
4-9 2031, which bears S 76 26' 56" E, a distance of 77.82 feet, pass
4-10 at a distance of 4098.51 feet an iron rod with aluminum cap stamped
4-11 "MUD2" set for reference, which bears S 76 26' 56" E, a distance
4-12 of 45.30 feet, and continuing for a total distance of 5516.47 feet
4-13 to an angle point in said right-of-way line;
4-14 Thence, S 13 34' 17" W, continuing along said west right-of-way
4-15 line, pass at a distance of 164.86 feet, an iron rod found, which
4-16 bears S 76 25' 43" E, a distance of 1.22 feet for the common
4-17 corner of Lot 138A and Lot 139 of said Colorado River Estates
4-18 Section Two Subdivision, pass at a distance of 488.12 feet, a
4-19 railroad spike set for reference in the center of the pavement of
4-20 said F.M. Highway, which bears S 76 25' 43" E, a distance of 75.32
4-21 feet, pass at a distance of 978.55 feet, a concrete monument found,
4-22 which bears S 76 25' 43" E, a distance of 1.83 feet, pass at a
4-23 distance of 1624.60 feet, an iron rod found, which bears S 76 25'
4-24 43" E, a distance of 1.28 feet for the common corner of Lot 164 and
4-25 Lot 165 of said Colorado River Estates Section Two Subdivision,
4-26 pass at a distance of 3363.94 feet, an iron rod found, which bears
4-27 S 76 25' 43" E, a distance of 2.87 feet for the common corner of
4-28 Lot 197 and Lot 198 of said Colorado River Estates Section Two
4-29 Subdivision, and continuing for a total distance of 4000.29 feet to
4-30 an angle point in said right-of-way line;
4-31 Thence, S 13 26' 22" W, continuing along said west right-of-way
4-32 line of said F.M. Highway, pass at a distance of 270.11 feet, an
4-33 iron rod found, which bears S 76 33' 38" E, a distance of 2.18
4-34 feet for the common corner of Lot 213 and Lot 214 of said Colorado
4-35 River Estates Section Two Subdivision, and continuing for a total
4-36 distance of 580.98 feet to the Point of Beginning, and containing
4-37 15.694 acres of land, more or less.
4-38 TRACT 4
4-39 Beginning at an iron rod found on the projection of the centerline
4-40 of Mobile Street and the curving east right-of-way line of F.M.
4-41 Highway 2031, and being the most northerly corner of that certain
4-42 2.0 acre tract of land conveyed from R. B. Green, Trustee to R. B.
4-43 Green by deed dated May 20, 1987 and recorded in Volume 152, Page
4-44 245-246 of the Official Records of said Matagorda County;
4-45 Thence, S 30 59' 39" E, continuing along said projected centerline
4-46 of Mobile Street and the northeast line of said 2.0 acre tract of
4-47 land, a distance of 646.11 feet to an iron rod found for the
4-48 southeast corner of said 2.0 acre tract of land and being the
4-49 southeast corner of the herein described tract of land;
4-50 Thence, S 81 41' 27" W, along the south line of said 2.0 acre
4-51 tract of land, a distance of 281.53 feet to an iron rod found for
4-52 the southwest corner of said 2.0 acre tract of land being on the
4-53 curving east right-of-way line of said F.M. Highway 2031, from
4-54 which said iron rod a concrete right-of-way marker opposite
4-55 approximate highway centerline station 82+20.70 bears S 14 36' 43"
4-56 W, a distance of 361.21 feet, said iron rod being the southwest
4-57 corner of the herein described tract of land ;
4-58 Thence, along said curving right-of-way line being a curve to the
4-59 right, having a radius of 5654.58 feet, a central angle of 6 03'
4-60 04", a chord which bears N 5 12' 12" W, a distance of 597.00 feet,
4-61 for an arc distance of 597.19 feet to the Point of Beginning, and
4-62 containing 1.998 acres of land more or less.
4-63 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
4-64 finds that the boundaries and field notes of the district form a
4-65 closure. A mistake in the field notes or in copying the field
4-66 notes in the legislative process does not affect the organization,
4-67 existence, or validity of the district, the right of the district
4-68 to levy and collect taxes, or the legality or operation of the
4-69 district or its governing body.
4-70 SECTION 5. FINDING OF BENEFIT. All of the land and other
5-1 property included within the boundaries of the district will be
5-2 benefited by the works and projects that are to be accomplished by
5-3 the district under powers conferred by Article XVI, Section 59, of
5-4 the Texas Constitution. The district is created to serve a public
5-5 use and benefit.
5-6 SECTION 6. POWERS. (a) The district has all of the rights,
5-7 powers, privileges, authority, functions, and duties provided by
5-8 the general law of this state, including Chapters 50 and 54, Water
5-9 Code, applicable to municipal utility districts created under
5-10 Article XVI, Section 59, of the Texas Constitution. This Act
5-11 prevails over any provision of general law that is in conflict or
5-12 inconsistent with this Act.
5-13 (b) The rights, powers, privileges, authority, functions,
5-14 and duties of the district are subject to the continuing right of
5-15 supervision of the state to be exercised by and through the Texas
5-16 Water Commission.
5-17 SECTION 7. BOARD OF DIRECTORS. (a) The district is
5-18 governed by a board of five directors.
5-19 (b) Temporary directors serve until initial permanent
5-20 directors are elected under Section 9.
5-21 (c) Initial permanent directors serve until permanent
5-22 directors are elected under Section 10.
5-23 (d) Permanent directors other than initial permanent
5-24 directors serve staggered four-year terms.
5-25 (e) Each director must qualify to serve as director in the
5-26 manner provided by Section 54.025 or 54.116, Water Code, as
5-27 appropriate.
5-28 (f) A director serves until the director's successor has
5-29 qualified.
5-30 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
5-31 directors is composed of:
5-32 (1) Charles Booth;
5-33 (2) Ben Chupick;
5-34 (3) Dr. Kenneth Culberth;
5-35 (4) James Gann; and
5-36 (5) John Rawlings.
5-37 (b) If a temporary director fails to qualify for office, the
5-38 temporary directors who have qualified shall appoint a person to
5-39 fill the vacancy. If at any time there are fewer than three
5-40 qualified temporary directors, the Texas Water Commission shall
5-41 appoint the necessary number of persons to fill all vacancies on
5-42 the board.
5-43 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
5-44 (a) The temporary board of directors shall call and hold an
5-45 election to confirm establishment of the district and to elect five
5-46 initial directors as provided by Chapter 54, Water Code.
5-47 (b) Section 41.001(a), Election Code, does not apply to a
5-48 confirmation election held as provided by this section.
5-49 SECTION 10. ELECTION OF DIRECTORS. On the first Saturday in
5-50 May of the second year after the year in which the confirmation
5-51 election is held, an election shall be held in the district for the
5-52 election of two directors who shall each serve two-year terms and
5-53 three directors who shall each serve four-year terms. Thereafter,
5-54 on the same date in each subsequent second year, the appropriate
5-55 number of directors shall be elected to the board.
5-56 SECTION 11. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
5-57 (a) The proper and legal notice of the intention to introduce this
5-58 Act, setting forth the general substance of this Act, has been
5-59 published as provided by law, and the notice and a copy of this Act
5-60 have been furnished to all persons, agencies, officials, or
5-61 entities to which they are required to be furnished by the
5-62 constitution and other laws of this state, including the governor,
5-63 who has submitted the notice and Act to the Texas Water Commission.
5-64 (b) The Texas Water Commission has filed its recommendations
5-65 relating to this Act with the governor, lieutenant governor, and
5-66 speaker of the house of representatives within the required time.
5-67 (c) All requirements of the constitution and laws of this
5-68 state and the rules and procedures of the legislature with respect
5-69 to the notice, introduction, and passage of this Act are fulfilled
5-70 and accomplished.
6-1 SECTION 12. EMERGENCY. The importance of this legislation
6-2 and the crowded condition of the calendars in both houses create an
6-3 emergency and an imperative public necessity that the
6-4 constitutional rule requiring bills to be read on three several
6-5 days in each house be suspended, and this rule is hereby suspended,
6-6 and that this Act take effect and be in force from and after its
6-7 passage, and it is so enacted.
6-8 * * * * *
6-9 Austin,
6-10 Texas
6-11 May 21, 1993
6-12 Hon. Bob Bullock
6-13 President of the Senate
6-14 Sir:
6-15 We, your Committee on Natural Resources to which was referred H.B.
6-16 No. 2828, have had the same under consideration, and I am
6-17 instructed to report it back to the Senate with the recommendation
6-18 that it do pass and be printed.
6-19 Sims,
6-20 Chairman
6-21 * * * * *
6-22 WITNESSES
6-23 No witnesses appeared on H.B. No. 2828.