1-1 By: Brady (Senate Sponsor - Parker) H.B. No. 2842 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 14, 1993, reported favorably by the following vote: 1-5 Yeas 9, Nays 0; May 14, 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 Montgomery County Municipal Utility 1-23 District No. 87, of Montgomery County, Texas. 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 Montgomery County Municipal Utility 1-27 District No. 87, of Montgomery County, Texas, is created in 1-28 Montgomery County, subject to approval at a confirmation election 1-29 under Section 9 of this Act. The district is a governmental agency 1-30 and a body politic and corporate. 1-31 (b) The district is created under and is essential to 1-32 accomplish the purposes of Article XVI, Section 59, of the Texas 1-33 Constitution. 1-34 SECTION 2. Definition. In this Act, "district" means 1-35 Montgomery County Municipal Utility District No. 87, of Montgomery 1-36 County, Texas. 1-37 SECTION 3. Boundaries. The district includes the territory 1-38 contained within the following area: 1-39 Being a 127.205 acre tract of land situated in Montgomery 1-40 County, Texas in the William McDermott Survey, A-389, and the 1-41 George Taylor Survey, A-555, and being more particularly described 1-42 by metes and bounds as follows with all control referred to the 1-43 Texas State Plane Coordinate System, Lambert Projection, South 1-44 Central Zone: 1-45 BEGINNING at the southeast corner of the extraterritorial 1-46 jurisdiction of the City of Houston as created by Ordinance 1-47 #73-921, located in the west right-of-way line of Interstate 1-48 Highway No. 45 having a Texas State Plane Coordinate Value of X= 1-49 3,119,706.83, Y= 877,057.75 and being N 2751'36" E, 6,755.61 feet 1-50 from the southwest corner of said William McDermott Survey, A-389, 1-51 common to the northwest corner of the Montgomery County School Land 1-52 Survey, A-350; 1-53 THENCE along said right-of-way line of Interstate Highway 1-54 No. 45, S 1141'32" E, 407.64 feet to an angle point; 1-55 THENCE continuing along said right-of-way line S 1141'24" E, 1-56 48.47 feet to a point located in the northwesterly line of the 1-57 extraterritorial jurisdiction of the City of Shenandoah; 1-58 THENCE with said northwesterly line along a curve to the left 1-59 an arc distance of 701.76 feet based on a radius of 2,640.00 feet, 1-60 a central angle of 1513'49" and having a chord which bears S 1-61 3710'49" W a chord distance of 699.69 feet to a point for corner; 1-62 THENCE continuing with said northwesterly line along a curve 1-63 to the left an arc distance of 921.37 feet based on a radius of 1-64 2,640.00 feet, a central angle of 1959'47" and having a chord 1-65 which bears S 4916'32" W a chord distance of 916.70 feet to a 1-66 point for corner; 1-67 THENCE continuing with said northwesterly line along a curve 1-68 to the left an arc distance of 962.61 feet based on a radius of 2-1 2,640.00 feet, a central angle of 2053'29" and having a chord 2-2 which bears S 6925'49" W a chord distance of 957.28 feet to a 2-3 point for corner located in the north line of Country Lane, a 20 2-4 foot wide road as recorded in Volume 34, Page 174 of the Montgomery 2-5 County Deed Records; 2-6 THENCE along the north line of said Country Lane S 8742'07" 2-7 W, 84.87 feet to a point for corner; 2-8 THENCE leaving said north line N 0239'33" W, 1,298.86 feet 2-9 to a point for corner; 2-10 THENCE N 8719'17" E, 1,275.80 feet to a point for corner; 2-11 THENCE N 0134'38" W, 148.06 feet to a point for corner; 2-12 THENCE S 8735'51" W, 518.76 feet to a point for corner in 2-13 the east line of Lakeland Subdivision; 2-14 THENCE along the east line of said Lakeland Subdivision N 2-15 0213'38" W, at 2,497.93 feet pass its northeast corner, in all a 2-16 total distance of 3,272.16 feet to a point for corner in the south 2-17 line of State Highway No. 242 as conveyed to the State of Texas by 2-18 Donation Deed as recorded in File No. 9244676 of the Montgomery 2-19 County Real Property Records; 2-20 THENCE easterly with the south line of said State Highway 2-21 No. 242 along a curve to the left an arc distance of 272.77 feet 2-22 based on a radius of 17,308.45 feet, a central angle of 0054'11" 2-23 and having a chord which bears N 8459'24" E a chord distance of 2-24 272.77 feet to the southeast corner of said State Highway No. 242 2-25 located in the west right-of-way line of said Interstate Highway 2-26 No. 45; 2-27 THENCE along the west right-of-way line of said Interstate 2-28 Highway No. 45 as follows: 2-29 S 0130'24" W, 37.98 feet to a point for corner, 2-30 N 8336'03" E, 644.56 feet to a point for corner, 2-31 S 0907'56" E, 712.87 feet to a point for corner, 2-32 S 0324'51" E, 467.82 feet to a point for corner, 2-33 N 8714'30" E, 50.91 feet to a point for corner, 2-34 S 0946'29" E, 394.34 feet to a point for corner, 2-35 And S 1141'39" E, 1,339.60 feet to the POINT OF BEGINNING and 2-36 containing 127.205 acres of land. 2-37 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature 2-38 finds that the boundaries and field notes of the district form a 2-39 closure. A mistake in the field notes or in copying the field 2-40 notes in the legislative process does not affect the organization, 2-41 existence, or validity of the district, the validity of its bonds, 2-42 notes, or indebtedness, the right of the district to levy and 2-43 collect taxes, or the legality or operation of the district or its 2-44 governing body. 2-45 SECTION 5. FINDING OF BENEFIT. All of the land and other 2-46 property included within the boundaries of the district will be 2-47 benefited by the works and projects that are to be accomplished by 2-48 the district under powers conferred by Article XVI, Section 59, of 2-49 the Texas Constitution. The district is created to serve a public 2-50 use and benefit. 2-51 SECTION 6. POWERS. (a) The district has all of the rights, 2-52 powers, privileges, authority, functions, and duties provided by 2-53 the general law of this state, including Chapters 50 and 54, Water 2-54 Code, applicable to municipal utility districts created under 2-55 Article XVI, Section 59, of the Texas Constitution. This Act 2-56 prevails over any provision of general law that is in conflict or 2-57 inconsistent with this Act. 2-58 (b) The rights, powers, privileges, authority, functions, 2-59 and duties of the district are subject to the continuing right of 2-60 supervision of the state to be exercised by and through the Texas 2-61 Water Commission. 2-62 SECTION 7. BOARD OF DIRECTORS. (a) The district is 2-63 governed by a board of five directors. 2-64 (b) Temporary directors serve until initial directors are 2-65 elected under Section 9 of this Act. 2-66 (c) Initial directors serve until permanent directors are 2-67 elected under Section 10 of this Act. 2-68 (d) Permanent directors serve staggered four-year terms. 2-69 (e) Each director must qualify to serve as director in the 2-70 manner provided by Section 54.025 or 54.116, Water Code, as 3-1 appropriate. 3-2 (f) A director serves until the director's successor has 3-3 qualified. 3-4 SECTION 8. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On or 3-5 after the effective date of this Act, a person who owns land 3-6 included in the district may petition the Texas Water Commission to 3-7 appoint the five temporary directors listed in the petition. The 3-8 commission shall appoint the directors listed in the petition. If 3-9 the commission receives more than one petition under this 3-10 subsection, the commission shall appoint the directors listed in 3-11 the first petition the commission receives. 3-12 (b) A person appointed to be a temporary director shall take 3-13 the oath of office as soon as practicable. 3-14 (c) If an appointee of the commission fails to qualify or if 3-15 a vacancy occurs in the office of temporary director, the 3-16 commission shall appoint an individual to fill the vacancy. 3-17 (d) As soon as all temporary directors have qualified, the 3-18 directors shall meet and elect officers from among their 3-19 membership. 3-20 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 3-21 The temporary board of directors shall call and hold an election to 3-22 confirm establishment of the district and to elect five initial 3-23 directors as provided by Chapter 54, Water Code. 3-24 SECTION 10. ELECTION OF DIRECTORS. (a) On the first 3-25 Saturday in May that occurs in an even-numbered year and after the 3-26 date on which the confirmation election is held, an election shall 3-27 be held in the district for the election of two directors who shall 3-28 each serve two-year terms and three directors who shall each serve 3-29 four-year terms. 3-30 (b) The board of directors by order may postpone the 3-31 election date for two years if: 3-32 (1) the election will occur within 60 days after the 3-33 date on which the confirmation election is held; or 3-34 (2) the board determines that there is not sufficient 3-35 time to comply with the requirements of law and to order the 3-36 election. 3-37 (c) On the same date in each even-numbered year following 3-38 the first election held under this section, the appropriate number 3-39 of directors shall be elected to the board. 3-40 SECTION 11. COMPLIANCE WITH CITY ORDINANCE OR RESOLUTION. 3-41 Subject to the limitations of Section 54.016, Water Code, the 3-42 district shall comply with all valid and applicable requirements of 3-43 any ordinance or resolution adopted by the city council of the city 3-44 of Houston, including an ordinance or resolution adopted before the 3-45 effective date of this Act, that consents to the creation of the 3-46 district or to the inclusion of lands within the district. 3-47 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 3-48 (a) The proper and legal notice of the intention to introduce this 3-49 Act, setting forth the general substance of this Act, has been 3-50 published as provided by law, and the notice and a copy of this Act 3-51 have been furnished to all persons, agencies, officials, or 3-52 entities to which they are required to be furnished by the 3-53 constitution and other laws of this state, including the governor, 3-54 who has submitted the notice and Act to the Texas Water Commission. 3-55 (b) The Texas Water Commission has filed its recommendations 3-56 relating to this Act with the governor, lieutenant governor, and 3-57 speaker of the house of representatives within the required time. 3-58 (c) All requirements of the constitution and laws of this 3-59 state and the rules and procedures of the legislature with respect 3-60 to the notice, introduction, and passage of this Act are fulfilled 3-61 and accomplished. 3-62 SECTION 13. EMERGENCY. The importance of this legislation 3-63 and the crowded condition of the calendars in both houses create an 3-64 emergency and an imperative public necessity that the 3-65 constitutional rule requiring bills to be read on three several 3-66 days in each house be suspended, and this rule is hereby suspended, 3-67 and that this Act take effect and be in force from and after its 3-68 passage, and it is so enacted. 3-69 * * * * * 3-70 Austin, 4-1 Texas 4-2 May 14, 1993 4-3 Hon. Bob Bullock 4-4 President of the Senate 4-5 Sir: 4-6 We, your Committee on Natural Resources to which was referred H.B. 4-7 No. 2842, have had the same under consideration, and I am 4-8 instructed to report it back to the Senate with the recommendation 4-9 that it do pass and be printed. 4-10 Sims, 4-11 Chairman 4-12 * * * * * 4-13 WITNESSES 4-14 FOR AGAINST ON 4-15 ___________________________________________________________________ 4-16 Name: Bob Stout x 4-17 Representing: Mitchell Energy & Development 4-18 City: The Woodlands 4-19 -------------------------------------------------------------------