1-1     By:  Bosse, Crabb (Senate Sponsor - Whitmire)          H.B. No. 952
 1-2           (In the Senate - Received from the House March 29, 1999;
 1-3     March 30, 1999, read first time and referred to Committee on
 1-4     Natural Resources; April 15, 1999, reported favorably by the
 1-5     following vote:  Yeas 5, Nays 0; April 15, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation, administration, powers, duties,
 1-9     operation, and financing of the Spring Meadows Municipal Utility
1-10     District.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  CREATION.  (a)  A conservation and reclamation
1-13     district, to be known as the Spring Meadows Municipal Utility
1-14     District, is created in Harris County, subject to approval at a
1-15     confirmation election under Section 9 of this Act.  The district is
1-16     a governmental agency and a body politic and corporate.
1-17           (b)  The district is created under and is essential to
1-18     accomplish the purposes of Section 59, Article XVI, Texas
1-19     Constitution.
1-20           SECTION 2.  DEFINITION.  In this Act, "district" means the
1-21     Spring Meadows Municipal Utility District.
1-22           SECTION 3.  BOUNDARIES.  The district includes the territory
1-23     contained within the following area:
1-24     FIELD NOTES of a 421.927 acre tract of land situated in the George
1-25     Ellis League, Abstract Number 21, Harris County, Texas, being all
1-26     of that same called 374.5336 acre tract of land conveyed to
1-27     Anheuser-Busch, Inc. by William F.  Miller, Sr., by deed dated
1-28     February 9, 1979, and recorded at County Clerk's File Number F
1-29     963334 of the Official Public Records of Real Property of Harris
1-30     County, and all of that same called 47.355 acre tract of land
1-31     conveyed to Legna Land Development Company, Inc. by Citizen's Bank
1-32     & Trust Company of Baytown by deed dated February 26, 1998, and
1-33     recorded at County Clerk's File Number S 895400 of the Official
1-34     Public Records of Real Property of Harris County. This 421.927 acre
1-35     tract of land is more particularly described my metes and bounds as
1-36     follows, to-wit:
1-37     NOTE:  ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
1-38     REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS
1-39     DEFINED BY ARTICLE 21.071 OF THE NATURAL RESOURCES CODE OF THE
1-40     STATE OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES.
1-41     REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND
1-42     BOUNDS DESCRIPTION.
1-43     BEGINNING at a 1 inch iron pipe found for the most Westerly
1-44     Northwest corner of this tract of land, and the Southwest corner of
1-45     a 1 acre tract of land conveyed to Clarence Wilder Leavins by
1-46     Margaret G. Leavins by deed dated October 28, 1982, and recorded at
1-47     County Clerk's File Number H 675430 of the Official Public Records
1-48     of Real Property of Harris County, and in the West right of way
1-49     line of Garth Road, 80 foot wide right of way. This BEGINNING
1-50     corner has a State Plane Coordinate Value of Y = 743,844.93 and X =
1-51     3,273,224.12.
1-52     THENCE North 7748'15" East with the most Southerly North line of
1-53     this tract of land, the South line of said 1 acre tract, and the
1-54     South line of a 5 acre tract of land conveyed to E. F.  Peterson,
1-55     et ux, by Ross Leavins, et ux, by deed dated July 13, 1949, and
1-56     recorded in Volume 1976 at Page 192 of the Deed Records of Harris
1-57     County a distance of 926.00 feet to a 1/2 inch iron rod set for an
1-58     interior corner of this tract of land, and the Southeast corner of
1-59     said 5 acres.
1-60     THENCE North 1052'46" West with the West line of this tract of
1-61     land, the East line of said 5 acres, the East line of a 9 acre
1-62     tract of land conveyed to Ivy Ross Leavins, et ux, by G. W.
1-63     Leavins, by deed dated August 11, 1945, and recorded in Volume 1390
1-64     at Page 660 of the Deed Records of Harris County, and the East line
 2-1     of a 1 acre tract of land conveyed to Jake Earl Leavins, Jr., by
 2-2     Margaret Leavins by deed dated December 28, 1977, and recorded at
 2-3     County Clerk's File Number F 816640 of the Official Public Records
 2-4     of Real Property of Harris County a distance of 735.18 feet to a
 2-5     point for the Northwest corner of this tract of land, and the
 2-6     Northeast corner of said Jake Leavins 1 acre tract in the South
 2-7     right of way line of Wallisville Road, 60 foot wide right of way.
 2-8     THENCE North 7750'34" East with the North line of this tract of
 2-9     land and the South right of way of Wallisville Road a distance of
2-10     4174.88 feet to a 1/2 inch iron rod set for the Northeast corner of
2-11     this tract of land, and the point of intersection of the South
2-12     right of way of Wallisville Road and the West right of way line of
2-13     North Main Street, 60 foot wide right of way.
2-14     THENCE South 1159'35" East with the East line of this tract of
2-15     land, and the West right of way of North Main a distance of 2596.96
2-16     feet to a 1/2 inch iron rod set for the most Northerly Southeast
2-17     corner of this tract of land, and the Northeast corner of Lot 37 of
2-18     Bay Meadows Subdivision, an unrecorded Subdivision.
2-19     THENCE South 7728'17" West with the most Northerly South line of
2-20     this tract of land, the North line of said unrecorded subdivision,
2-21     and the North line of a 63.0475 acre tract of land called Tract 5
2-22     and conveyed to George Gillman, Trustee, by Velma Inc., by deed
2-23     dated July 14, 1977, and recorded at County Clerk's File Number E
2-24     592126 of the Official Public Records of Real Property of Harris
2-25     County a distance of 2614.03 feet to a 1/2 inch iron rod set for an
2-26     interior corner of this tract of land.
2-27     THENCE South 1219'14" East with the middle East line of this tract
2-28     of land a distance of 1456.80 feet to a 2 inch iron pipe found for
2-29     the Southeast corner of this tract of land, and the Northeast
2-30     corner of a 26.01 acre tract of land conveyed to Lynn Miller
2-31     Weiskittel and William F. Miller, Jr., by deed dated May 10, 1993,
2-32     and recorded at County Clerk's File Number P 250232 of the Official
2-33     Public Records of Real Property of Harris County.
2-34     THENCE South 7907'14" West with a South line of this tract of land
2-35     and the North line of said 26.01 acres a distance of 734.65 feet to
2-36     a 2 inch iron pipe found for an interior corner of this tract of
2-37     land, the Northeast corner of said 47.355 acres, the Southwest
2-38     corner of said 374.5336 acres, the Northwest corner of said 26.01
2-39     acres, and in the centerline of a 60 foot wide easement conveyed in
2-40     an Easement Instrument and Agreement between N. H. Condor, Trustee
2-41     and William F.  Miller, Sr., dated February 9, 1979, and recorded
2-42     at County Clerk's File Number F 976471 of the Official Public
2-43     Records of Real Property of Harris County.
2-44     THENCE South 1219'14" East with the most Southerly East line of
2-45     this tract of land, the centerline of said 60 foot wide easement
2-46     and the West line of said 26.01 acres a distance of 1811.70 feet to
2-47     a 1/2 inch iron rod set for the Southeast corner of this tract of
2-48     land, the Southwest corner of said 26.01 acres, and in the North
2-49     right-of-way line of Interstate Highway Number 10, 300 foot
2-50     right-of-way.
2-51     THENCE South 7406'13" West with the South line of this tract of
2-52     land, and the North Right-of-Way line of Interstate No. 10, a
2-53     distance of 30.00 feet to a 1/2 inch iron rod set for the Southwest
2-54     corner of this tract of land, the Southwest corner of said 60 foot
2-55     wide easement, and the Southeast corner of a 5.565 acre tract of
2-56     land conveyed to R & M Realty Investment, L. P., by Citizens Bank
2-57     and Trust by deed dated recorded at County Clerk's File Number S
2-58     125721 of the Official Public Records of Real Property of Harris
2-59     County, Texas.
2-60     THENCE North 1219'14" West with the West line of this tract of
2-61     land, the East line of said 5.565 acres, and the West line of said
2-62     60 foot wide easement a distance of 600.88 feet to a 1/2 inch iron
2-63     rod set for an interior corner of this tract of land, and the
2-64     Northeast corner of said 5.565 acres.
2-65     THENCE South 7406'13" West with a South line of this tract of land
2-66     and the North line of said 5.565 acres, at 413.02 feet found a 1/2
2-67     inch iron rod on line for the Northwest corner of said 5.565 acres,
2-68     and the Northeast corner of a 6.195 acre tract of land conveyed to
2-69     R & M Realty Investment, L. P., by Citizens Bank and Trust by deed
 3-1     dated February 26, 1996, and recorded at County Clerk's File Number
 3-2     R 816969 of the Official Public Records of Real Property of Harris
 3-3     County, Texas, in all a total distance of 863.02 feet to a 1/2 inch
 3-4     iron rod found for a Southwest corner of this tract of land, and
 3-5     the Northwest corner of said 6.195 acres in the East line of a
 3-6     0.8350 acre tract of land conveyed to N. H. Conder by V. C. Conder
 3-7     by deed dated July 1, 1987, and recorded at County Clerk's File
 3-8     Number L 325398 of the Official Public Records of Real Property of
 3-9     Harris County, Texas.
3-10     THENCE North 1406'46" West with a West line of this tract of land
3-11     and the East line of said 0.8350 of an acre tract a distance of
3-12     299.84 feet to a 1/2 inch iron rod found for an interior corner of
3-13     this tract of land and the Northeast corner of said 0.8350 of an
3-14     acre tract.
3-15     THENCE South 8053'20" West with a South line of this tract of land,
3-16     the North line of said 0.8350 of an acre tract, and the North line
3-17     of a 20.971 acre tract of land conveyed to Vona C.  Conder by N. H.
3-18     Conder by deed dated July 1, 1987, and recorded at County Clerk's
3-19     File Number L 330578 of the Official Public Records of Real
3-20     Property of Harris County a distance of 963.51 feet to a 1/2 inch
3-21     iron rod found for the most Westerly Southwest corner of this tract
3-22     of land, and the Northwest corner of said 20.971 acres in the East
3-23     right-of-way of Garth Road.
3-24     THENCE North 1052'46" West with a West line of this tract of land,
3-25     and the East right-of-way of Garth Road a distance of 900.06 feet
3-26     to a 1/2 inch iron rod found for a Northwest corner of this tract
3-27     of land, and the Southwest corner of a 0.8205 of an acre tract of
3-28     land conveyed to Gary N. Herrington by Harry N. Holmes, Trustee, by
3-29     deed dated September 25, 1971, and recorded at County Clerk's File
3-30     Number D 425528 of the Official Public Records of Real Property of
3-31     Harris County
3-32     THENCE North 7907'14" East with a North line of this tract of land
3-33     and the South line of said 0.8205 of an acre tract a distance of
3-34     110.02 feet to a 1/2 inch iron rod found for an interior corner of
3-35     this tract of land, and the Southeast corner of said 0.8205 of an
3-36     acre tract.
3-37     THENCE North 1052'46" West with a West line of this tract of land
3-38     and the East line of said 0.8205 of an acre tract, at 59.39 feet
3-39     found a 2 inch iron pipe on line for the Northwest corner of said
3-40     47.355 acres, and the Southwest corner of said 374.5336 acres, in
3-41     all a total distance of 325.54 feet to a 1/2 inch iron rod set for
3-42     an interior corner of this tract of land, and the Northeast corner
3-43     of said 0.8205 of an acre tract.
3-44     THENCE South 7907'14" West with a South line of this tract of land,
3-45     and the North line of said 0.8205 of an acre tract a distance of
3-46     110.02 feet to a 2 inch iron pipe found for the most Northerly
3-47     Southwest corner of this tract of land, and the Northwest corner of
3-48     said 0.8205 of an acre tract in the East right of way of Garth
3-49     Road.
3-50     THENCE  North 1052'46" West with the West line of this tract of
3-51     land, and the East line of Garth Road a distance of 3012.32 feet to
3-52     the PLACE OF BEGINNING, containing within said boundaries 421.927
3-53     acres of land, more or less.
3-54           SECTION 4.  FINDINGS RELATING TO BOUNDARIES.  The legislature
3-55     finds that the boundaries and field notes of the district form a
3-56     closure.  A mistake in the field notes or in copying the field
3-57     notes in the legislative process does not affect the organization,
3-58     existence, or validity of the district, the right of the district
3-59     to levy and collect taxes, or the legality or operation of the
3-60     district or its governing body.
3-61           SECTION 5.  FINDING OF BENEFIT.  All of the land and other
3-62     property included within the boundaries of the district will be
3-63     benefited by the works and projects that are to be accomplished by
3-64     the district under powers conferred by Section 59, Article XVI,
3-65     Texas Constitution.  The district is created to serve a public use
3-66     and benefit.
3-67           SECTION 6.  POWERS.  (a)  The district has all of the rights,
3-68     powers, privileges, authority, functions, and duties provided by
3-69     the general law of this state, including Chapters 49 and 54, Water
 4-1     Code, applicable to municipal utility districts created under
 4-2     Section 59, Article XVI, Texas Constitution.  This Act prevails
 4-3     over any provision of general law that is in conflict or
 4-4     inconsistent with this Act.
 4-5           (b)  The rights, powers, privileges, authority, functions,
 4-6     and duties of the district are subject to the continuing right of
 4-7     supervision of the state to be exercised by and through the Texas
 4-8     Natural Resource Conservation Commission.
 4-9           SECTION 7.  BOARD OF DIRECTORS.  (a)  The district is
4-10     governed by a board of five directors.
4-11           (b)  Temporary directors serve until initial directors are
4-12     elected under Section 9 of this Act.
4-13           (c)  Initial directors serve until permanent directors are
4-14     elected under Section 10 of this Act.
4-15           (d)  Permanent directors serve staggered four-year terms.
4-16           (e)  Each director must qualify to serve as director in the
4-17     manner provided by Section 49.055, Water Code.
4-18           (f)  A director serves until the director's successor has
4-19     qualified.
4-20           SECTION 8.  TEMPORARY DIRECTORS.  The temporary board of
4-21     directors is composed of:
4-22                 (1)  Frank Cope;
4-23                 (2)  Riley Verdine;
4-24                 (3)  Trent Slovak;
4-25                 (4)  ________________; and
4-26                 (5)  ________________.
4-27           SECTION 9.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
4-28     (a) The temporary board of directors shall call and hold an
4-29     election to confirm establishment of the district and to elect five
4-30     initial directors as provided by Chapter 49, Water Code.
4-31           (b)  Section 41.001(a), Election Code, does not apply to a
4-32     confirmation election held as provided by this section.
4-33           SECTION 10.  ELECTION OF DIRECTORS.  (a)  On the first
4-34     Saturday in May that occurs in an even-numbered year after the date
4-35     on which the confirmation election is held, an election shall be
4-36     held in the district for the election of two directors who shall
4-37     each serve two-year terms and three directors who shall each serve
4-38     four-year terms.
4-39           (b)  The board of directors by order may postpone the
4-40     election for two years if:
4-41                 (1)  the election will occur within 60 days after the
4-42     date on which the confirmation election is held; or
4-43                 (2)  the board determines that there is not sufficient
4-44     time to comply with the requirements of law and to order the
4-45     election.
4-46           (c)  On the first Saturday in May of each even-numbered year
4-47     following the first election held under this section, the
4-48     appropriate number of directors shall be elected to the board.
4-49           SECTION 11.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
4-50     (a)  The proper and legal notice of the intention to introduce this
4-51     Act, setting forth the general substance of this Act, has been
4-52     published as provided by law, and the notice and a copy of this Act
4-53     have been furnished to all persons, agencies, officials, or
4-54     entities to which they are required to be furnished by the
4-55     constitution and other laws of this state, including the governor,
4-56     who has submitted the notice and Act to the Texas Natural Resource
4-57     Conservation Commission.
4-58           (b)  The Texas Natural Resource Conservation Commission has
4-59     filed its recommendations relating to this Act with the governor,
4-60     lieutenant governor, and speaker of the house of representatives
4-61     within the required time.
4-62           (c)  All requirements of the constitution and laws of this
4-63     state and the rules and procedures of the legislature with respect
4-64     to the notice, introduction, and passage of this Act are fulfilled
4-65     and accomplished.
4-66           SECTION 12.  EMERGENCY.  The importance of this legislation
4-67     and the crowded condition of the calendars in both houses create an
4-68     emergency and an imperative public necessity that the
4-69     constitutional rule requiring bills to be read on three several
 5-1     days in each house be suspended, and this rule is hereby suspended,
 5-2     and that this Act take effect and be in force from and after its
 5-3     passage, and it is so enacted.
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