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.