By Brady H.B. No. 2842
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of Montgomery County Municipal Utility
1-4 District No. 87, of Montgomery County, Texas.
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 Montgomery County Municipal Utility
1-8 District No. 87, of Montgomery County, Texas, is created in
1-9 Montgomery County, subject to approval at a confirmation election
1-10 under Section 9 of this Act. The district is a governmental agency
1-11 and a body politic and corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Article XVI, Section 59, of the Texas
1-14 Constitution.
1-15 SECTION 2. DEFINITION. In this Act, "district" means
1-16 Montgomery County Municipal Utility District No. 87, of Montgomery
1-17 County, Texas.
1-18 SECTION 3. BOUNDARIES. The district includes the territory
1-19 contained within the following area:
1-20 Being a 127.205 acre tract of land situated in Montgomery
1-21 County, Texas in the William McDermott Survey, A-389, and the
1-22 George Taylor Survey, A-555, and being more particularly described
1-23 by metes and bounds as follows with all control referred to the
2-1 Texas State Plane Coordinate System, Lambert Projection, South
2-2 Central Zone:
2-3 BEGINNING at the southeast corner of the Extraterritorial
2-4 Jurisdiction of the City of Houston as created by Ordinance
2-5 #73-921, located in the west right-of-way line of Interstate
2-6 Highway No. 45 having a Texas State Plane Coordinate Value of X=
2-7 3,119,706.83, Y= 877,057.75 and being N 2751'36" E, 6,755.61 feet
2-8 from the southwest corner of said William McDermott Survey, A-389,
2-9 common to the northwest corner of the Montgomery County School Land
2-10 Survey, A-350;
2-11 THENCE along said right-of-way line of Interstate Highway No.
2-12 45, S 1141'32" E, 407.64 feet to an angle point;
2-13 THENCE continuing along said right-of-way line S 1141'24" E,
2-14 48.47 feet to a point located in the northwesterly line of the
2-15 Extraterritorial Jurisdiction of the City of Shenandoah;
2-16 THENCE with said northwesterly line along a curve to the left
2-17 an arc distance of 701.76 feet based on a radius of 2,640.00 feet,
2-18 a central angle of 1513'49" and having a chord which bears S
2-19 3710'49" W a chord distance of 699.69 feet to a point for corner;
2-20 THENCE continuing with said northwesterly line along a curve
2-21 to the left an arc distance of 921.37 feet based on a radius of
2-22 2,640.00 feet, a central angle of 1959'47" and having a chord
2-23 which bears S 4916'32" W a chord distance of 916.70 feet to a
2-24 point for corner;
2-25 THENCE continuing with said northwesterly line along a curve
3-1 to the left an arc distance of 962.61 feet based on a radius of
3-2 2,640.00 feet, a central angle of 2053'29" and having a chord
3-3 which bears S 6925'49" W a chord distance of 957.28 feet to a
3-4 point for corner located in the north line of Country Lane, a 20
3-5 foot wide road as recorded in Volume 34, Page 174 of the Montgomery
3-6 County Deed Records;
3-7 THENCE along the north line of said Country Lane S 8742'07"
3-8 W, 84.87 feet to a point for corner;
3-9 THENCE leaving said north line N 0239'33" W, 1,298.86 feet
3-10 to a point for corner;
3-11 THENCE N 8719'17" E, 1,275.80 feet to a point for corner;
3-12 THENCE N 0134'38" W, 148.06 feet to a point for corner;
3-13 THENCE S 8735'51" W, 518.76 feet to a point for corner in
3-14 the east line of Lakeland Subdivision;
3-15 THENCE along the east line of said Lakeland Subdivision N
3-16 0213'38" W, at 2,497.93 feet past its northeast corner, in all a
3-17 total distance of 3,272.16 feet to a point for corner in the south
3-18 line of State Highway No. 242 as conveyed to the State of Texas by
3-19 Donation Deed as recorded in File No. 9244676 of the Montgomery
3-20 County Real Property Records;
3-21 THENCE easterly with the south line of said State Highway No.
3-22 242 along a curve to the left an arc distance of 272.77 feet based
3-23 on a radius of 17,308.45 feet, a central angle of 0054'11" and
3-24 having a chord which bears N 8459'24" E a chord distance of 272.77
3-25 feet to the southeast corner of said State Highway No. 242 located
4-1 in the west right-of-way line of said Interstate Highway No. 45;
4-2 THENCE along the west right-of-way line of said Interstate
4-3 Highway No. 45 as follows:
4-4 S 0130'24" W, 37.98 feet to a point for corner,
4-5 N 8336'03" E, 644.56 feet to a point for corner,
4-6 S 0907'56" E, 712.87 feet to a point for corner,
4-7 S 0324'51" E, 467.82 feet to a point for corner,
4-8 N 8714'30" E, 50.91 feet to a point for corner,
4-9 S 0946'29" E, 394.34 feet to a point for corner,
4-10 And S 1141'39" E, 1,339.60 feet to the POINT OF BEGINNING and
4-11 containing 127.205 acres of land.
4-12 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
4-13 finds that the boundaries and field notes of the district form a
4-14 closure. A mistake in the field notes or in copying the field
4-15 notes in the legislative process does not affect the organization,
4-16 existence, or validity of the district or its bonds, notes, or
4-17 indebtedness, the right of the district to levy and collect taxes,
4-18 or the legality or operation of the district or its governing body.
4-19 SECTION 5. FINDING OF BENEFIT. All of the land and other
4-20 property included within the boundaries of the district will be
4-21 benefited by the works and projects that are to be accomplished by
4-22 the district under powers conferred by Article XVI, Section 59, of
4-23 the Texas Constitution. The district is created to serve a public
4-24 use and benefit.
4-25 SECTION 6. POWERS. (a) The district has all of the rights,
5-1 powers, privileges, authority, functions, and duties provided by
5-2 the general law of this state, including Chapters 50 and 54, Water
5-3 Code, applicable to municipal utility districts created under
5-4 Article XVI, Section 59, of the Texas Constitution. This Act
5-5 prevails over any provision of general law that is in conflict or
5-6 inconsistent with this Act.
5-7 (b) The rights, powers, privileges, authority, functions,
5-8 and duties of the district are subject to the continuing right of
5-9 supervision of the state to be exercised by and through the Texas
5-10 Water Commission.
5-11 SECTION 7. BOARD OF DIRECTORS. (a) The district is
5-12 governed by a board of five directors.
5-13 (b) Temporary directors serve until initial directors are
5-14 elected under Section 9 of this Act.
5-15 (c) Initial directors serve until permanent directors are
5-16 elected under Section 10 of this Act.
5-17 (d) Permanent directors serve staggered four-year terms.
5-18 (e) Each director must qualify to serve as director in the
5-19 manner provided by Section 54.025 or 54.116, Water Code, as
5-20 appropriate.
5-21 (f) A director serves until the director's successor has
5-22 qualified.
5-23 SECTION 8. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On or
5-24 after the effective date of this Act, a person who owns land
5-25 included in the district may petition the Texas Water Commission to
6-1 appoint the five temporary directors listed in the petition. The
6-2 commission shall appoint the directors listed in the petition. If
6-3 the commission receives more than one petition under this
6-4 subsection, the commission shall appoint the directors listed in
6-5 the first petition the commission receives.
6-6 (b) A person appointed to be a temporary director shall take
6-7 the oath of office as soon as practicable.
6-8 (c) If an appointee of the commission fails to qualify or if
6-9 a vacancy occurs in the office of temporary director, the
6-10 commission shall appoint an individual to fill the vacancy.
6-11 (d) As soon as all temporary directors have qualified, the
6-12 directors shall meet and elect officers from among their
6-13 membership.
6-14 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
6-15 The temporary board of directors shall call and hold an election to
6-16 confirm establishment of the district and to elect five initial
6-17 directors as provided by Chapter 54, Water Code.
6-18 SECTION 10. ELECTION OF DIRECTORS. (a) On the first
6-19 Saturday in May that occurs in an even-numbered year and after the
6-20 date on which the confirmation election is held, an election shall
6-21 be held in the district for the election of two directors who shall
6-22 each serve two-year terms and three directors who shall each serve
6-23 four-year terms.
6-24 (b) The board of directors by order may postpone the
6-25 election date for two years if:
7-1 (1) the election will occur within 60 days after the
7-2 date on which the confirmation election is held; or
7-3 (2) the board determines that there is not sufficient
7-4 time to comply with the requirements of law and to order the
7-5 election.
7-6 (c) On the same date in each even-numbered year following
7-7 the first election held under this section, the appropriate number
7-8 of directors shall be elected to the board.
7-9 SECTION 11. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
7-10 (a) Proper and legal notice of the intention to introduce this
7-11 Act, setting forth the general substance of this Act, has been
7-12 published as provided by law, and the notice and a copy of this Act
7-13 have been furnished to all persons, agencies, officials, or
7-14 entities to which they are required to be furnished by the
7-15 constitution and other laws of this state, including the governor,
7-16 who has submitted the notice and Act to the Texas Water Commission.
7-17 (b) The Texas Water Commission has filed its recommendations
7-18 relating to this Act with the governor, lieutenant governor, and
7-19 speaker of the house of representatives within the required time.
7-20 (c) All requirements of the constitution and laws of this
7-21 state and the rules and procedures of the legislature with respect
7-22 to the notice, introduction, and passage of this Act are fulfilled
7-23 and accomplished.
7-24 (d) Subject to the limitations of Section 54.016, Water
7-25 Code, the district shall comply with all valid and applicable
8-1 requirements of any ordinance or resolution adopted by the city
8-2 council of the city of Houston, Texas, including an ordinance or
8-3 resolution adopted before the effective date of this Act, that
8-4 consents to the creation of the district or to the inclusion of
8-5 lands within the district.
8-6 SECTION 12. EMERGENCY. The importance of this legislation
8-7 and the crowded condition of the calendars in both houses create an
8-8 emergency and an imperative public necessity that the
8-9 constitutional rule requiring bills to be read on three several
8-10 days in each house be suspended, and this rule is hereby suspended
8-11 and that this Act take effect and be in force from and after its
8-12 passage, and it is so enacted.