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. 5-4 * * * * *