By Bernsen S.B. No. 1784
77R7461 SGA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the East Montgomery County Municipal
1-4 Utility District No. 3.
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 East Montgomery County Municipal
1-8 Utility District No. 3, is created in Montgomery County, subject to
1-9 approval at a confirmation election under Section 9 of this Act.
1-10 The district is a governmental agency and a body politic and
1-11 corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Section 59, Article XVI, Texas
1-14 Constitution.
1-15 SECTION 2. DEFINITION. In this Act, "district" means the
1-16 East Montgomery County Municipal Utility District No. 3.
1-17 SECTION 3. BOUNDARIES. The district includes the territory
1-18 contained within the following area:
1-19 A tract or parcel of land containing 200 acres of land situated in
1-20 the Charles Stephens Survey, Abstract No. 482, Montgomery County,
1-21 Texas, and being a portion of that certain 1177.3611 acre tract of
1-22 land conveyed by deed to C.E. Campbell Interest, L.P., as recorded
1-23 under Montgomery County Clerk's File No. 99101071. The 200.000
1-24 acre tract being more fully described by metes and bounds as
2-1 follows (All bearings referenced in this description are based on
2-2 the monumented north boundary line of the 1177.36111 acre tract,
2-3 called South 89 00'16" East):
2-4 COMMENCING at a fence corner post found for the northeast boundary
2-5 corner of the said 1177.3611 acre tract, said corner marking the
2-6 intersection of the common boundary line between the north line of
2-7 the Charles Stephens Survey, Abstract No. 482 and the south line of
2-8 the Charles Stephens Survey, Abstract No. 483 with the east
2-9 boundary line of the John Graham Survey, Abstract No. 733;
2-10 THENCE South 89 00'16" East along the said common survey line and
2-11 the north boundary line of the said 1177.3611 acre tract, for a
2-12 distance of 6,447.94 feet to a 5/8 inch iron rod with plastic cap
2-13 set for corner, said iron rod being the POINT OF BEGINNING of the
2-14 herein described tract of land;
2-15 THENCE South 89 00'16" East continuing along the said common survey
2-16 line and the north boundary line of the said 1177.3611 acre tract,
2-17 passing at a distance of 866.06 feet a found 1 inch iron pipe on
2-18 line, and continuing on for a total distance of 3,535.20 feet to a
2-19 5/8 inch iron rod with plastic cap set for corner;
2-20 THENCE South 00 59'44" West for a distance of 2,455.07 feet to a
2-21 5/8 inch iron rod with plastic cap set for corner, said iron rod is
2-22 located in the north right-of-way line of a proposed 80 foot wide
2-23 right-of-way as depicted on a survey prepared by Louis W. Bergman,
2-24 III RPLS No. 2056;
2-25 THENCE North 89 18'20" West along the north right-of-way line of
2-26 said 80 foot wide right-of-way, for a distance of 3,535.25 feet to
2-27 a 5/8 inch iron rod with plastic cap set for corner;
3-1 THENCE North 00 59'44" East for a distance of 2,473.65 feet to the
3-2 POINT OF BEGINNING and containing within these calls 8,712,001
3-3 square feet or 200.000 acres of land.
3-4 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
3-5 finds that the boundaries and field notes of the district form a
3-6 closure. A mistake in the field notes or in copying the field
3-7 notes in the legislative process does not affect the organization,
3-8 existence, or validity of the district, the validity of its bonds,
3-9 notes, or other indebtedness, the right of the district to levy and
3-10 collect taxes, or the legality or operation of the district or its
3-11 governing body.
3-12 SECTION 5. FINDING OF BENEFIT. All of the land and other
3-13 property included within the boundaries of the district will be
3-14 benefited by the works and projects that are to be accomplished by
3-15 the district under powers conferred by Section 59, Article XVI,
3-16 Texas Constitution. The district is created to serve a public use
3-17 and benefit.
3-18 SECTION 6. POWERS. (a) The district has all of the rights,
3-19 powers, privileges, authority, functions, and duties provided by
3-20 the general law of this state, including Chapters 49, 50, and 54,
3-21 Water Code, applicable to municipal utility districts created under
3-22 Section 59, Article XVI, Texas Constitution. This Act prevails
3-23 over any provision of general law that is in conflict or
3-24 inconsistent with this Act.
3-25 (b) The rights, powers, privileges, authority, functions,
3-26 and duties of the district are subject to the continuing right of
3-27 supervision of the state to be exercised by and through the Texas
4-1 Natural Resource Conservation Commission.
4-2 SECTION 7. BOARD OF DIRECTORS. (a) The district is governed
4-3 by a board of five directors.
4-4 (b) Temporary directors serve until initial directors are
4-5 elected under Section 9 of this Act.
4-6 (c) Initial directors serve until permanent directors are
4-7 elected under Section 10 of this Act.
4-8 (d) Permanent directors serve staggered four-year terms.
4-9 (e) Each director must qualify to serve as director in the
4-10 manner provided by Section 49.055, Water Code.
4-11 (f) A director serves until the director's successor has
4-12 qualified.
4-13 SECTION 8. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On or
4-14 after the effective date of this Act, a person who owns land
4-15 included in the district may petition the Texas Natural Resource
4-16 Conservation Commission to appoint the five temporary directors
4-17 listed in the petition. The commission shall appoint the directors
4-18 listed in the petition. If the commission receives more than one
4-19 petition under this subsection, the commission shall appoint the
4-20 directors listed in the first petition the commission receives.
4-21 (b) A person appointed to be a temporary director shall take
4-22 the oath of office as soon as practicable.
4-23 (c) If an appointee of the commission fails to qualify or if
4-24 a vacancy occurs in the office of temporary director, the Texas
4-25 Natural Resource Conservation Commission shall appoint an
4-26 individual to fill the vacancy.
4-27 (d) As soon as all temporary directors have qualified, the
5-1 directors shall meet and elect officers from among their
5-2 membership.
5-3 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
5-4 The temporary board of directors shall call and hold an election to
5-5 confirm establishment of the district and to elect five initial
5-6 directors as provided by Chapter 49, Water Code.
5-7 (b) Section 41.001(a), Election Code, does not apply to a
5-8 confirmation and initial directors' election held as provided by
5-9 this section.
5-10 SECTION 10. ELECTION OF DIRECTORS. (a) On the first
5-11 Saturday in May of the first even-numbered year after the year in
5-12 which the district is authorized to be created at a confirmation
5-13 election, an election shall be held in the district for the
5-14 election of two directors to serve two-year terms and three
5-15 directors to serve four-year terms.
5-16 (b) The board of directors by order may postpone the
5-17 election date for two years if:
5-18 (1) the election will occur within 60 days after the
5-19 date on which the confirmation election is held; or
5-20 (2) the board determines that there is not sufficient
5-21 time to comply with the requirements of law and to order the
5-22 election.
5-23 (c) On the first Saturday in May of each even-numbered year
5-24 following the first election held under this section, the
5-25 appropriate number of directors shall be elected.
5-26 SECTION 11. COMPLIANCE WITH MUNICIPAL ORDINANCE OR
5-27 RESOLUTION. Subject to the limitations of Section 54.016, Water
6-1 Code, the district shall comply with all valid and applicable
6-2 requirements of any ordinance or resolution adopted by any
6-3 municipality in whose corporate limits or extraterritorial
6-4 jurisdiction the district is located, including an ordinance or
6-5 resolution adopted before the effective date of this Act, that
6-6 consents to the creation of the district or to the inclusion of
6-7 lands within the district.
6-8 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
6-9 (a) The proper and legal notice of the intention to introduce this
6-10 Act, setting forth the general substance of this Act, has been
6-11 published as provided by law, and the notice and a copy of this Act
6-12 have been furnished to all persons, agencies, officials, or
6-13 entities to which they are required to be furnished by the
6-14 constitution and other laws of this state, including the governor,
6-15 who has submitted the notice and Act to the Texas Natural Resource
6-16 Conservation Commission.
6-17 (b) The Texas Natural Resource Conservation Commission has
6-18 filed its recommendations relating to this Act with the governor,
6-19 lieutenant governor, and speaker of the house of representatives
6-20 within the required time.
6-21 (c) All requirements of the constitution and laws of this
6-22 state and the rules and procedures of the legislature with respect
6-23 to the notice, introduction, and passage of this Act are fulfilled
6-24 and accomplished.
6-25 SECTION 13. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
6-26 takes effect September 1, 2001.
6-27 (b) If the creation of the district is not confirmed at a
7-1 confirmation election held under Section 9 of this Act before
7-2 September 1, 2004, this Act expires on that date.