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
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