1-1 By: Bernsen S.B. No. 1784 1-2 (In the Senate - Filed March 28, 2001; March 29, 2001, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; April 17, 2001, reported favorably by the following 1-5 vote: Yeas 7, Nays 0; April 17, 2001, 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 East Montgomery County Municipal 1-10 Utility District No. 3. 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 East Montgomery County Municipal 1-14 Utility District No. 3, is created in Montgomery County, subject to 1-15 approval at a confirmation election under Section 9 of this Act. 1-16 The district is a governmental agency and a body politic and 1-17 corporate. 1-18 (b) The district is created under and is essential to 1-19 accomplish the purposes of Section 59, Article XVI, Texas 1-20 Constitution. 1-21 SECTION 2. DEFINITION. In this Act, "district" means the 1-22 East Montgomery County Municipal Utility District No. 3. 1-23 SECTION 3. BOUNDARIES. The district includes the territory 1-24 contained within the following area: 1-25 A tract or parcel of land containing 200 acres of land situated in 1-26 the Charles Stephens Survey, Abstract No. 482, Montgomery County, 1-27 Texas, and being a portion of that certain 1177.3611 acre tract of 1-28 land conveyed by deed to C.E. Campbell Interest, L.P., as recorded 1-29 under Montgomery County Clerk's File No. 99101071. The 200.000 1-30 acre tract being more fully described by metes and bounds as 1-31 follows (All bearings referenced in this description are based on 1-32 the monumented north boundary line of the 1177.36111 acre tract, 1-33 called South 89 00'16" East): 1-34 COMMENCING at a fence corner post found for the northeast boundary 1-35 corner of the said 1177.3611 acre tract, said corner marking the 1-36 intersection of the common boundary line between the north line of 1-37 the Charles Stephens Survey, Abstract No. 482 and the south line of 1-38 the Charles Stephens Survey, Abstract No. 483 with the east 1-39 boundary line of the John Graham Survey, Abstract No. 733; 1-40 THENCE South 89 00'16" East along the said common survey line and 1-41 the north boundary line of the said 1177.3611 acre tract, for a 1-42 distance of 6,447.94 feet to a 5/8 inch iron rod with plastic cap 1-43 set for corner, said iron rod being the POINT OF BEGINNING of the 1-44 herein described tract of land; 1-45 THENCE South 89 00'16" East continuing along the said common survey 1-46 line and the north boundary line of the said 1177.3611 acre tract, 1-47 passing at a distance of 866.06 feet a found 1 inch iron pipe on 1-48 line, and continuing on for a total distance of 3,535.20 feet to a 1-49 5/8 inch iron rod with plastic cap set for corner; 1-50 THENCE South 00 59'44" West for a distance of 2,455.07 feet to a 1-51 5/8 inch iron rod with plastic cap set for corner, said iron rod is 1-52 located in the north right-of-way line of a proposed 80 foot wide 1-53 right-of-way as depicted on a survey prepared by Louis W. Bergman, 1-54 III RPLS No. 2056; 1-55 THENCE North 89 18'20" West along the north right-of-way line of 1-56 said 80 foot wide right-of-way, for a distance of 3,535.25 feet to 1-57 a 5/8 inch iron rod with plastic cap set for corner; 1-58 THENCE North 00 59'44" East for a distance of 2,473.65 feet to the 1-59 POINT OF BEGINNING and containing within these calls 8,712,001 1-60 square feet or 200.000 acres of land. 1-61 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature 1-62 finds that the boundaries and field notes of the district form a 1-63 closure. A mistake in the field notes or in copying the field 1-64 notes in the legislative process does not affect the organization, 2-1 existence, or validity of the district, the validity of its bonds, 2-2 notes, or other indebtedness, the right of the district to levy and 2-3 collect taxes, or the legality or operation of the district or its 2-4 governing body. 2-5 SECTION 5. FINDING OF BENEFIT. All of the land and other 2-6 property included within the boundaries of the district will be 2-7 benefited by the works and projects that are to be accomplished by 2-8 the district under powers conferred by Section 59, Article XVI, 2-9 Texas Constitution. The district is created to serve a public use 2-10 and benefit. 2-11 SECTION 6. POWERS. (a) The district has all of the rights, 2-12 powers, privileges, authority, functions, and duties provided by 2-13 the general law of this state, including Chapters 49, 50, and 54, 2-14 Water Code, applicable to municipal utility districts created under 2-15 Section 59, Article XVI, Texas Constitution. This Act prevails 2-16 over any provision of general law that is in conflict or 2-17 inconsistent with this Act. 2-18 (b) The rights, powers, privileges, authority, functions, 2-19 and duties of the district are subject to the continuing right of 2-20 supervision of the state to be exercised by and through the Texas 2-21 Natural Resource Conservation Commission. 2-22 SECTION 7. BOARD OF DIRECTORS. (a) The district is 2-23 governed by a board of five directors. 2-24 (b) Temporary directors serve until initial directors are 2-25 elected under Section 9 of this Act. 2-26 (c) Initial directors serve until permanent directors are 2-27 elected under Section 10 of this Act. 2-28 (d) Permanent directors serve staggered four-year terms. 2-29 (e) Each director must qualify to serve as director in the 2-30 manner provided by Section 49.055, Water Code. 2-31 (f) A director serves until the director's successor has 2-32 qualified. 2-33 SECTION 8. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On or 2-34 after the effective date of this Act, a person who owns land 2-35 included in the district may petition the Texas Natural Resource 2-36 Conservation Commission to appoint the five temporary directors 2-37 listed in the petition. The commission shall appoint the directors 2-38 listed in the petition. If the commission receives more than one 2-39 petition under this subsection, the commission shall appoint the 2-40 directors listed in the first petition the commission receives. 2-41 (b) A person appointed to be a temporary director shall take 2-42 the oath of office as soon as practicable. 2-43 (c) If an appointee of the Texas Natural Resource 2-44 Conservation Commission fails to qualify or if a vacancy occurs in 2-45 the office of temporary director, the commission shall appoint an 2-46 individual to fill the vacancy. 2-47 (d) As soon as all temporary directors have qualified, the 2-48 directors shall meet and elect officers from among their 2-49 membership. 2-50 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 2-51 (a) The temporary board of directors shall call and hold an 2-52 election to confirm establishment of the district and to elect five 2-53 initial directors as provided by Chapter 49, Water Code. 2-54 (b) Section 41.001(a), Election Code, does not apply to a 2-55 confirmation and initial directors' election held as provided by 2-56 this section. 2-57 SECTION 10. ELECTION OF DIRECTORS. (a) On the first 2-58 Saturday in May of the first even-numbered year after the year in 2-59 which the district is authorized to be created at a confirmation 2-60 election, an election shall be held in the district for the 2-61 election of two directors to serve two-year terms and three 2-62 directors to serve four-year terms. 2-63 (b) The board of directors by order may postpone the 2-64 election date for two years if: 2-65 (1) the election will occur within 60 days after the 2-66 date on which the confirmation election is held; or 2-67 (2) the board determines that there is not sufficient 2-68 time to comply with the requirements of law and to order the 2-69 election. 3-1 (c) On the first Saturday in May of each even-numbered year 3-2 following the first election held under this section, the 3-3 appropriate number of directors shall be elected. 3-4 SECTION 11. COMPLIANCE WITH MUNICIPAL ORDINANCE OR 3-5 RESOLUTION. Subject to the limitations of Section 54.016, Water 3-6 Code, the district shall comply with all valid and applicable 3-7 requirements of any ordinance or resolution adopted by any 3-8 municipality in whose corporate limits or extraterritorial 3-9 jurisdiction the district is located, including an ordinance or 3-10 resolution adopted before the effective date of this Act, that 3-11 consents to the creation of the district or to the inclusion of 3-12 lands within the district. 3-13 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 3-14 (a) The proper and legal notice of the intention to introduce this 3-15 Act, setting forth the general substance of this Act, has been 3-16 published as provided by law, and the notice and a copy of this Act 3-17 have been furnished to all persons, agencies, officials, or 3-18 entities to which they are required to be furnished by the 3-19 constitution and other laws of this state, including the governor, 3-20 who has submitted the notice and Act to the Texas Natural Resource 3-21 Conservation Commission. 3-22 (b) The Texas Natural Resource Conservation Commission has 3-23 filed its recommendations relating to this Act with the governor, 3-24 lieutenant governor, and speaker of the house of representatives 3-25 within the required time. 3-26 (c) All requirements of the constitution and laws of this 3-27 state and the rules and procedures of the legislature with respect 3-28 to the notice, introduction, and passage of this Act are fulfilled 3-29 and accomplished. 3-30 SECTION 13. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 3-31 takes effect September 1, 2001. 3-32 (b) If the creation of the district is not confirmed at a 3-33 confirmation election held under Section 9 of this Act before 3-34 September 1, 2004, this Act expires on that date. 3-35 * * * * *