1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Spring Meadows Municipal Utility
1-4 District.
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 the Spring Meadows Municipal Utility
1-8 District, is created in Harris County, subject to approval at a
1-9 confirmation election under Section 9 of this Act. The district is
1-10 a governmental agency and a body politic and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution.
1-14 SECTION 2. DEFINITION. In this Act, "district" means the
1-15 Spring Meadows Municipal Utility District.
1-16 SECTION 3. BOUNDARIES. The district includes the territory
1-17 contained within the following area:
1-18 FIELD NOTES of a 421.927 acre tract of land situated in the George
1-19 Ellis League, Abstract Number 21, Harris County, Texas, being all
1-20 of that same called 374.5336 acre tract of land conveyed to
1-21 Anheuser-Busch, Inc. by William F. Miller, Sr., by deed dated
1-22 February 9, 1979, and recorded at County Clerk's File Number F
1-23 963334 of the Official Public Records of Real Property of Harris
1-24 County, and all of that same called 47.355 acre tract of land
2-1 conveyed to Legna Land Development Company, Inc. by Citizen's Bank
2-2 & Trust Company of Baytown by deed dated February 26, 1998, and
2-3 recorded at County Clerk's File Number S 895400 of the Official
2-4 Public Records of Real Property of Harris County. This 421.927 acre
2-5 tract of land is more particularly described my metes and bounds as
2-6 follows, to-wit:
2-7 NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
2-8 REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS
2-9 DEFINED BY ARTICLE 21.071 OF THE NATURAL RESOURCES CODE OF THE
2-10 STATE OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES.
2-11 REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND
2-12 BOUNDS DESCRIPTION.
2-13 BEGINNING at a 1 inch iron pipe found for the most Westerly
2-14 Northwest corner of this tract of land, and the Southwest corner of
2-15 a 1 acre tract of land conveyed to Clarence Wilder Leavins by
2-16 Margaret G. Leavins by deed dated October 28, 1982, and recorded at
2-17 County Clerk's File Number H 675430 of the Official Public Records
2-18 of Real Property of Harris County, and in the West right of way
2-19 line of Garth Road, 80 foot wide right of way. This BEGINNING
2-20 corner has a State Plane Coordinate Value of Y = 743,844.93 and X =
2-21 3,273,224.12.
2-22 THENCE North 7748'15" East with the most Southerly North line of
2-23 this tract of land, the South line of said 1 acre tract, and the
2-24 South line of a 5 acre tract of land conveyed to E. F. Peterson,
2-25 et ux, by Ross Leavins, et ux, by deed dated July 13, 1949, and
2-26 recorded in Volume 1976 at Page 192 of the Deed Records of Harris
2-27 County a distance of 926.00 feet to a 1/2 inch iron rod set for an
3-1 interior corner of this tract of land, and the Southeast corner of
3-2 said 5 acres.
3-3 THENCE North 1052'46" West with the West line of this tract of
3-4 land, the East line of said 5 acres, the East line of a 9 acre
3-5 tract of land conveyed to Ivy Ross Leavins, et ux, by G. W.
3-6 Leavins, by deed dated August 11, 1945, and recorded in Volume 1390
3-7 at Page 660 of the Deed Records of Harris County, and the East line
3-8 of a 1 acre tract of land conveyed to Jake Earl Leavins, Jr., by
3-9 Margaret Leavins by deed dated December 28, 1977, and recorded at
3-10 County Clerk's File Number F 816640 of the Official Public Records
3-11 of Real Property of Harris County a distance of 735.18 feet to a
3-12 point for the Northwest corner of this tract of land, and the
3-13 Northeast corner of said Jake Leavins 1 acre tract in the South
3-14 right of way line of Wallisville Road, 60 foot wide right of way.
3-15 THENCE North 7750'34" East with the North line of this tract of
3-16 land and the South right of way of Wallisville Road a distance of
3-17 4174.88 feet to a 1/2 inch iron rod set for the Northeast corner of
3-18 this tract of land, and the point of intersection of the South
3-19 right of way of Wallisville Road and the West right of way line of
3-20 North Main Street, 60 foot wide right of way.
3-21 THENCE South 1159'35" East with the East line of this tract of
3-22 land, and the West right of way of North Main a distance of 2596.96
3-23 feet to a 1/2 inch iron rod set for the most Northerly Southeast
3-24 corner of this tract of land, and the Northeast corner of Lot 37 of
3-25 Bay Meadows Subdivision, an unrecorded Subdivision.
3-26 THENCE South 7728'17" West with the most Northerly South line of
3-27 this tract of land, the North line of said unrecorded subdivision,
4-1 and the North line of a 63.0475 acre tract of land called Tract 5
4-2 and conveyed to George Gillman, Trustee, by Velma Inc., by deed
4-3 dated July 14, 1977, and recorded at County Clerk's File Number E
4-4 592126 of the Official Public Records of Real Property of Harris
4-5 County a distance of 2614.03 feet to a 1/2 inch iron rod set for an
4-6 interior corner of this tract of land.
4-7 THENCE South 1219'14" East with the middle East line of this tract
4-8 of land a distance of 1456.80 feet to a 2 inch iron pipe found for
4-9 the Southeast corner of this tract of land, and the Northeast
4-10 corner of a 26.01 acre tract of land conveyed to Lynn Miller
4-11 Weiskittel and William F. Miller, Jr., by deed dated May 10, 1993,
4-12 and recorded at County Clerk's File Number P 250232 of the Official
4-13 Public Records of Real Property of Harris County.
4-14 THENCE South 7907'14" West with a South line of this tract of land
4-15 and the North line of said 26.01 acres a distance of 734.65 feet to
4-16 a 2 inch iron pipe found for an interior corner of this tract of
4-17 land, the Northeast corner of said 47.355 acres, the Southwest
4-18 corner of said 374.5336 acres, the Northwest corner of said 26.01
4-19 acres, and in the centerline of a 60 foot wide easement conveyed in
4-20 an Easement Instrument and Agreement between N. H. Condor, Trustee
4-21 and William F. Miller, Sr., dated February 9, 1979, and recorded
4-22 at County Clerk's File Number F 976471 of the Official Public
4-23 Records of Real Property of Harris County.
4-24 THENCE South 1219'14" East with the most Southerly East line of
4-25 this tract of land, the centerline of said 60 foot wide easement
4-26 and the West line of said 26.01 acres a distance of 1811.70 feet to
4-27 a 1/2 inch iron rod set for the Southeast corner of this tract of
5-1 land, the Southwest corner of said 26.01 acres, and in the North
5-2 right-of-way line of Interstate Highway Number 10, 300 foot
5-3 right-of-way.
5-4 THENCE South 7406'13" West with the South line of this tract of
5-5 land, and the North Right-of-Way line of Interstate No. 10, a
5-6 distance of 30.00 feet to a 1/2 inch iron rod set for the Southwest
5-7 corner of this tract of land, the Southwest corner of said 60 foot
5-8 wide easement, and the Southeast corner of a 5.565 acre tract of
5-9 land conveyed to R & M Realty Investment, L. P., by Citizens Bank
5-10 and Trust by deed dated recorded at County Clerk's File Number S
5-11 125721 of the Official Public Records of Real Property of Harris
5-12 County, Texas.
5-13 THENCE North 1219'14" West with the West line of this tract of
5-14 land, the East line of said 5.565 acres, and the West line of said
5-15 60 foot wide easement a distance of 600.88 feet to a 1/2 inch iron
5-16 rod set for an interior corner of this tract of land, and the
5-17 Northeast corner of said 5.565 acres.
5-18 THENCE South 7406'13" West with a South line of this tract of land
5-19 and the North line of said 5.565 acres, at 413.02 feet found a 1/2
5-20 inch iron rod on line for the Northwest corner of said 5.565 acres,
5-21 and the Northeast corner of a 6.195 acre tract of land conveyed to
5-22 R & M Realty Investment, L. P., by Citizens Bank and Trust by deed
5-23 dated February 26, 1996, and recorded at County Clerk's File Number
5-24 R 816969 of the Official Public Records of Real Property of Harris
5-25 County, Texas, in all a total distance of 863.02 feet to a 1/2 inch
5-26 iron rod found for a Southwest corner of this tract of land, and
5-27 the Northwest corner of said 6.195 acres in the East line of a
6-1 0.8350 acre tract of land conveyed to N. H. Conder by V. C. Conder
6-2 by deed dated July 1, 1987, and recorded at County Clerk's File
6-3 Number L 325398 of the Official Public Records of Real Property of
6-4 Harris County, Texas.
6-5 THENCE North 1406'46" West with a West line of this tract of land
6-6 and the East line of said 0.8350 of an acre tract a distance of
6-7 299.84 feet to a 1/2 inch iron rod found for an interior corner of
6-8 this tract of land and the Northeast corner of said 0.8350 of an
6-9 acre tract.
6-10 THENCE South 8053'20" West with a South line of this tract of land,
6-11 the North line of said 0.8350 of an acre tract, and the North line
6-12 of a 20.971 acre tract of land conveyed to Vona C. Conder by N. H.
6-13 Conder by deed dated July 1, 1987, and recorded at County Clerk's
6-14 File Number L 330578 of the Official Public Records of Real
6-15 Property of Harris County a distance of 963.51 feet to a 1/2 inch
6-16 iron rod found for the most Westerly Southwest corner of this tract
6-17 of land, and the Northwest corner of said 20.971 acres in the East
6-18 right-of-way of Garth Road.
6-19 THENCE North 1052'46" West with a West line of this tract of land,
6-20 and the East right-of-way of Garth Road a distance of 900.06 feet
6-21 to a 1/2 inch iron rod found for a Northwest corner of this tract
6-22 of land, and the Southwest corner of a 0.8205 of an acre tract of
6-23 land conveyed to Gary N. Herrington by Harry N. Holmes, Trustee, by
6-24 deed dated September 25, 1971, and recorded at County Clerk's File
6-25 Number D 425528 of the Official Public Records of Real Property of
6-26 Harris County
6-27 THENCE North 7907'14" East with a North line of this tract of land
7-1 and the South line of said 0.8205 of an acre tract a distance of
7-2 110.02 feet to a 1/2 inch iron rod found for an interior corner of
7-3 this tract of land, and the Southeast corner of said 0.8205 of an
7-4 acre tract.
7-5 THENCE North 1052'46" West with a West line of this tract of land
7-6 and the East line of said 0.8205 of an acre tract, at 59.39 feet
7-7 found a 2 inch iron pipe on line for the Northwest corner of said
7-8 47.355 acres, and the Southwest corner of said 374.5336 acres, in
7-9 all a total distance of 325.54 feet to a 1/2 inch iron rod set for
7-10 an interior corner of this tract of land, and the Northeast corner
7-11 of said 0.8205 of an acre tract.
7-12 THENCE South 7907'14" West with a South line of this tract of land,
7-13 and the North line of said 0.8205 of an acre tract a distance of
7-14 110.02 feet to a 2 inch iron pipe found for the most Northerly
7-15 Southwest corner of this tract of land, and the Northwest corner of
7-16 said 0.8205 of an acre tract in the East right of way of Garth
7-17 Road.
7-18 THENCE North 1052'46" West with the West line of this tract of
7-19 land, and the East line of Garth Road a distance of 3012.32 feet to
7-20 the PLACE OF BEGINNING, containing within said boundaries 421.927
7-21 acres of land, more or less.
7-22 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
7-23 finds that the boundaries and field notes of the district form a
7-24 closure. A mistake in the field notes or in copying the field
7-25 notes in the legislative process does not affect the organization,
7-26 existence, or validity of the district, the right of the district
7-27 to levy and collect taxes, or the legality or operation of the
8-1 district or its governing body.
8-2 SECTION 5. FINDING OF BENEFIT. All of the land and other
8-3 property included within the boundaries of the district will be
8-4 benefited by the works and projects that are to be accomplished by
8-5 the district under powers conferred by Section 59, Article XVI,
8-6 Texas Constitution. The district is created to serve a public use
8-7 and benefit.
8-8 SECTION 6. POWERS. (a) The district has all of the rights,
8-9 powers, privileges, authority, functions, and duties provided by
8-10 the general law of this state, including Chapters 49 and 54, Water
8-11 Code, applicable to municipal utility districts created under
8-12 Section 59, Article XVI, Texas Constitution. This Act prevails
8-13 over any provision of general law that is in conflict or
8-14 inconsistent with this Act.
8-15 (b) The rights, powers, privileges, authority, functions,
8-16 and duties of the district are subject to the continuing right of
8-17 supervision of the state to be exercised by and through the Texas
8-18 Natural Resource Conservation Commission.
8-19 SECTION 7. BOARD OF DIRECTORS. (a) The district is
8-20 governed by a board of five directors.
8-21 (b) Temporary directors serve until initial directors are
8-22 elected under Section 9 of this Act.
8-23 (c) Initial directors serve until permanent directors are
8-24 elected under Section 10 of this Act.
8-25 (d) Permanent directors serve staggered four-year terms.
8-26 (e) Each director must qualify to serve as director in the
8-27 manner provided by Section 49.055, Water Code.
9-1 (f) A director serves until the director's successor has
9-2 qualified.
9-3 SECTION 8. TEMPORARY DIRECTORS. The temporary board of
9-4 directors is composed of:
9-5 (1) Frank Cope;
9-6 (2) Riley Verdine;
9-7 (3) Trent Slovak;
9-8 (4) ________________; and
9-9 (5) ________________.
9-10 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
9-11 (a) The temporary board of directors shall call and hold an
9-12 election to confirm establishment of the district and to elect five
9-13 initial directors as provided by Chapter 49, Water Code.
9-14 (b) Section 41.001(a), Election Code, does not apply to a
9-15 confirmation election held as provided by this section.
9-16 SECTION 10. ELECTION OF DIRECTORS. (a) On the first
9-17 Saturday in May that occurs in an even-numbered year after the date
9-18 on which the confirmation election is held, an election shall be
9-19 held in the district for the election of two directors who shall
9-20 each serve two-year terms and three directors who shall each serve
9-21 four-year terms.
9-22 (b) The board of directors by order may postpone the
9-23 election for two years if:
9-24 (1) the election will occur within 60 days after the
9-25 date on which the confirmation election is held; or
9-26 (2) the board determines that there is not sufficient
9-27 time to comply with the requirements of law and to order the
10-1 election.
10-2 (c) On the first Saturday in May of each even-numbered year
10-3 following the first election held under this section, the
10-4 appropriate number of directors shall be elected to the board.
10-5 SECTION 11. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
10-6 (a) The proper and legal notice of the intention to introduce this
10-7 Act, setting forth the general substance of this Act, has been
10-8 published as provided by law, and the notice and a copy of this Act
10-9 have been furnished to all persons, agencies, officials, or
10-10 entities to which they are required to be furnished by the
10-11 constitution and other laws of this state, including the governor,
10-12 who has submitted the notice and Act to the Texas Natural Resource
10-13 Conservation Commission.
10-14 (b) The Texas Natural Resource Conservation Commission has
10-15 filed its recommendations relating to this Act with the governor,
10-16 lieutenant governor, and speaker of the house of representatives
10-17 within the required time.
10-18 (c) All requirements of the constitution and laws of this
10-19 state and the rules and procedures of the legislature with respect
10-20 to the notice, introduction, and passage of this Act are fulfilled
10-21 and accomplished.
10-22 SECTION 12. EMERGENCY. The importance of this legislation
10-23 and the crowded condition of the calendars in both houses create an
10-24 emergency and an imperative public necessity that the
10-25 constitutional rule requiring bills to be read on three several
10-26 days in each house be suspended, and this rule is hereby suspended,
10-27 and that this Act take effect and be in force from and after its
11-1 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 952 was passed by the House on March
25, 1999, by the following vote: Yeas 140, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 952 was passed by the Senate on April
22, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor