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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