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By: Armbrister S.B. No. 22
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of Elgin Municipal Utility District No. 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CREATION.
(a) A conservation and reclamation district, to be known as
Elgin Municipal Utility District No. 1, is created in Bastrop
County, Texas, subject to approval by the City of Elgin as provided
in Section 7 of this Act and voter approval at a confirmation
election as provided in Section 10 of this Act. The district is a
governmental agency and a body politic and corporate.
(b) The district is created under and is essential to
accomplish the purposes of Article XVI, Section 59, of the Texas
Constitution.
SECTION 2. DEFINITION. In this Act, "district" means Elgin
Municipal Utility District No. 1.
SECTION 3. BOUNDARIES. The district includes the territory
contained within the following area:
A PARCEL OF LAND IN THE ELIZABETH STANDIFER SURVEY,
ABSTRACT 59, IN BASTROP COUNTY, TEXAS, BEING A PART OF THAT 294.496
ACRE TRACT OF LAND CONVEYED TO THE RIVERS FAMILY LIMITED
PARTNERSHIP D, BY DEED RECORDED IN VOLUME 917, PAGE 766 OF THE
OFFICIAL RECORDS OF BASTROP COUNTY, TEXAS, AND BEING A PART OF THAT
132.1 ACRE TRACT OF LAND CONVEYED TO THE RIVERS FAMILY LIMITED
PARTNERSHIP D, BY DEED RECORDED IN VOLUME 793, PAGE 577 OF THE
OFFICIAL RECORDS OF BASTROP COUNTY, TEXAS, SAID 132.1 ACRE TRACT OF
LAND BEING THE SAME PROPERTY RECORDED IN VOLUME 94, PAGE 187 OF THE
DEED RECORDS OF BASTROP COUNTY, TEXAS, AND BEING ALL OF THAT 10 ACRE
TRACT OF LAND CONVEYED TO THE RIVERS FAMILY LIMITED PARTNERSHIP D IN
THE SAID DEED RECORDED IN VOLUME 793, PAGE 557, SAID 10 ACRES BEING
THE SAME PROPERTY DESCRIBED IN VOLUME 84, PAGE 438 OF THE DEED
RECORDS OF BASTROP COUNTY, TEXAS, AND BEING THE SAME PROPERTY
DESCRIBED IN DEED BOOK 44, PAGE 637 OF THE DEED RECORDS OF BASTROP
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT A POINT IN THE EAST LINE OF THE UPPER ELGIN
RIVER ROAD, SAID POINT BEING THE SOUTHWEST CORNER OF THE SAID
294.496 ACRE TRACT AND ALSO LYING IN THE NORTHERLY LINE OF THAT
103.11 ACRE TRACT OF LAND CONVEYED TO WILLIAM WESLEY SCHMIDT AND
WIFE, ALMA SCHMIDT, BY DEED RECORDED IN VOLUME 180, PAGE 650 OF THE
DEED RECORDS OF BASTROP COUNTY, TEXAS;
THENCE N.28°57'45"E., ALONG THE WEST LINE OF THE SAID
294.496 ACRE TRACT, THE SAME BEING THE EAST LINE OF THE UPPER ELGIN
RIVER ROAD, A DISTANCE OF 2,626.52 FEET;
THENCE S.61°14'10"E., CROSSING THE SAID 294.496 ACRE
TRACT, A DISTANCE OF 1,303.64 FEET;
THENCE N.28°50'12"E., CROSSING THE SAID 294.496 ACRE
TRACT, A DISTANCE OF 594.81 FEET TO THE NORTH LINE OF THE SAID
294.496 ACRE TRACT, THE SAME BEING THE SOUTH LINE OF THE SAID 132.1
ACRE TRACT;
THENCE CONTINUE N.28°50'12"E., CROSSING THE SAID 132.1
ACRE TRACT, A DISTANCE OF 1,051.98 FEET TO THE NORTH LINE OF THE
SAID 132.1 ACRE TRACT AND TO THE SOUTH LINE OF THAT 45.063 ACRE
TRACT OF LAND CONVEYED TO ELGIN BREEDING SERVICE, A PARTNERSHIP, BY
DEED RECORDED IN VOLUME 319, PAGE 257 OF THE DEED RECORDS OF BASTROP
COUNTY, TEXAS;
THENCE S.60°50'55"E., ALONG THE NORTH LINE OF THE SAID
132.1 ACRE TRACT, THE SAME BEING THE SOUTH LINE OF THE SAID 45.063
ACRE TRACT, A DISTANCE OF 963.75 FEET TO THE SOUTHEAST CORNER OF THE
SAID 45.063 ACRE TRACT AND TO THE SOUTHWEST CORNER OF THAT 32.937
ACRE TRACT OF LAND CONVEYED TO WALLACE H. CARDWELL AND ARDETH M.
CARDWELL, TRUSTEES, BY DEED RECORDED IN VOLUME 661, PAGE 576 OF THE
OFFICIAL RECORDS OF BASTROP COUNTY, TEXAS;
THENCE ALONG THE NORTH LINE OF SAID 132.1 ACRE TRACT,
THE SAME BEING THE SOUTH LINE OF THE SAID 32.937 ACRE TRACT THE
FOLLOWING TWO (2) COURSES:
1. S.62°03'10"E., A DISTANCE OF 1,473.94 FEET;
2. S.61°25'10"E., A DISTANCE OF 382.17 FEET TO THE
SOUTHEAST CORNER OF THE SAID 32.937 ACRE TRACT AND TO A SOUTHWEST
CORNER OF THAT 11.476 ACRE TRACT OF LAND CONVEYED TO THE LOWER
COLORADO RIVER AUTHORITY BY DEED RECORDED IN VOLUME 871, PAGE 687 OF
THE OFFICIAL RECORDS OF BASTROP COUNTY, TEXAS;
THENCE S.61°12'58"E., ALONG THE NORTH LINE OF THE SAID
132.1 ACRE TRACT, THE SAME BEING THE SOUTH LINE OF THE SAID 11.476
ACRE TRACT, A DISTANCE OF 453.91 FEET TO THE SOUTHEAST CORNER OF THE
SAID 11.476 ACRE TRACT AND TO THE SOUTHWEST CORNER OF THAT 2.00 ACRE
TRACT OF LAND CONVEYED TO CONRRADO JONSE, III AND WIFE, LISA JONSE,
BY DEED RECORDED IN VOLUME 423, PAGE 516 OF THE OFFICIAL RECORDS OF
BASTROP COUNTY, TEXAS;
THENCE S.61°39'46"E., ALONG THE NORTH LINE OF THE SAID
132.1 ACRE TRACT, THE SAME BEING THE SOUTH LINE OF THE SAID 2.00
ACRE TRACT, A DISTANCE OF 295.16 FEET TO THE SOUTHEAST CORNER OF THE
SAID 2.00 ACRE TRACT
THENCE CONTINUE S.61°39'46"E.ALONG THE NORTH LINE OF THE
SAID 132.1 ACRE TRACT, THE SAME BEING THE SOUTH LINE OF THAT 16.12
ACRE TRACT OF LAND CONVEYED TO PEDRO BEGA BY DEED RECORDED IN VOLUME
113, PAGE 266 OF THE DEED RECORDS OF BASTROP COUNTY, TEXAS, AT A
DISTANCE OF 342.72 FEET PASS THE NORTHEAST CORNER OF THE SAID 132.1
ACRE TRACT, THE SAME BEING NORTHWEST CORNER OF THE 10 ACRE TRACT,
AND AT A DISTANCE OF 593.73 FEET PASS THE SOUTHEAST CORNER OF THE
SAID 16.12 ACRE TRACT, IN ALL A TOTAL DISTANCE OF 707.47 FEET TO THE
NORTHEAST CORNER OF THE SAID 10 ACRE TRACT;
THENCE S.28°59'32"W., ALONG THE EAST LINE OF THE SAID 10
ACRE TRACT, A DISTANCE OF 1,198.61 FEET TO THE SOUTHEAST CORNER OF
THE SAID 10 ACRE TRACT;
THENCE N.61°58'15"W., ALONG THE SOUTH LINE OF THE SAID
10 ACRE TRACT, IN PART, AND CONTINUING ALONG A SOUTH LINE OF THE
SAID 132.1 ACRE TRACT, A DISTANCE OF 1,302.89 FEET TO THE SOUTHERLY
NORTHEAST CORNER OF THE SAID 294.496 ACRE TRACT, THE SAME BEING THE
NORTHWEST CORNER OF THAT 50 ACRE TRACT OF LAND CONVEYED TO HEINE
NEIDIG BY DEED RECORDED IN VOLUME 160, PAGE 300 OF THE DEED RECORDS
OF BASTROP COUNTY, TEXAS;
THENCE S.27°11'21"W., ALONG THE EAST LINE OF THE SAID
294.496 ACRE TRACT, THE SAME BEING THE WEST LINE OF THE 50 ACRE
TRACT, A DISTANCE OF 1,489.14 FEET TO A POINT IN THE NORTH LINE OF
THAT 99.294 ACRE TRACT OF LAND CONVEYED TO A. E. MASSENGALE, JR.,
AND LINDA D. MASSENGALE BY DEED RECORDED IN VOLUME 825, PAGE 377 OF
THE OFFICIAL RECORDS OF BASTROP COUNTY, TEXAS;
THENCE ALONG THE EASTERLY LINE OF THE SAID 294.496 ACRE
TRACT, THE SAME BEING THE NORTHERLY AND WESTERLY LINES OF THE SAID
99.294 ACRE TRACT, THE FOLLOWING TWO (2) COURSES:
1. N.61°20'05"W., A DISTANCE OF 668.18 FEET;
2. S.28°20'03"W., A DISTANCE OF 1,610.81 FEET TO THE
SOUTHEAST CORNER OF THE SAID 294.486 ACRE TRACT AND TO THE SOUTHWEST
CORNER OF THE SAID 99.924 ACRE TRACT;
THENCE N.60°44'02"W., ALONG THE SOUTH LINE OF THE SAID
294.496 ACRE TRACT, THAT SAME BEING THE NORTH LINE OF THAT 170.255
ACRE TRACT OF LAND CONVEYED TO FRED D. HOOPER, JR., AND WIFE, MARY
E. HOOPER, BY DEED RECORDED IN VOLUME 300, PAGE 733 OF THE DEED
RECORDS OF BASTROP COUNTY, TEXAS, A DISTANCE OF 1,233.47 FEET TO THE
NORTHWEST CORNER OF THE SAID 170.255 ACRE TRACT AND TO THE NORTHEAST
CORNER OF THE SAID 103.11 ACRE TRACT;
THENCE ALONG THE SOUTH LINE OF THE SAID 294.496 ACRE
TRACT, THE SAME BEING THE NORTH LINE OF THE SAID 103.11 ACRE TRACT,
THE FOLLOWING TWO (2) COURSES:
1. N.60°29'39"W., A DISTANCE OF 1,324.83 FEET;
2. N.61°40'28"W., A DISTANCE OF 1,110.17 FEET TO THE
POINT OF BEGINNING.
CONTAINING, within these metes and bounds 384.83 acres of
land area.
THIS DESCRIPTION WAS PREPARED FROM THE DEEDS OF RECORD AND
DOES NOT PURPORT TO BE AN ON-THE-GROUND SURVEY.
SECTION 4. FINDINGS RELATING TO BOUNDARIES. The
legislature finds that the boundaries and field notes of the
district form one or more closures. A mistake in the field notes or
in copying the field notes in the legislative process does not
affect the organization, existence, or validity of the district,
the right of the district to levy and collect taxes, or the legality
or operation of the district or its governing body.
SECTION 5. FINDING OF BENEFIT. All of the land and other
property included within the boundaries of the district will be
benefitted by the works and projects that are to be accomplished by
the district under the powers conferred by Article XVI, Section 59,
of the Texas Constitution. The district is created to serve a
public use and benefit.
SECTION 6. POWERS.
(a) The district has all of the rights, powers, privileges,
authority, functions, and duties provided by the general law of
this state, including Chapters 49 and 54, Water Code, applicable to
municipal utility districts created under Article XVI, Section 59,
of the Texas Constitution.
(b) The district created under this Act is wholly located
within the area of extra-territorial jurisdiction of the City of
Elgin. Creation of the district is subject to approval of the City
of Elgin, as provided in Section 42.042, Local Government Code and
54.016, Water Code,. Subject to approval by the City of Elgin, the
district has the power and authority to divide into two or more
districts following the procedure set forth in Sections 51.749
through 51.758, Water Code, without any further approval or
consent. The district is further subject to the requirements of
municipal ordinances of the City of Elgin applicable to
extra-territorial areas, unless the municipality's governing body
waives compliance.
(c) The rights, powers, privileges, authority, functions,
and duties of the district are subject to the continuing right of
supervision of the state to be exercised by and through the Texas
Commission on Environmental Quality.
(d) This Act prevails over any provision of general law that
is in conflict or inconsistent with this Act.
SECTION 7. DEVELOPMENT AGREEMENT. The district, and/or the
owners of land within the district, may enter into written
contracts with any municipality within whose extraterritorial
jurisdiction the district is located, in whole or in part:
(a) to guarantee the continuation of the extraterritorial
status of the district and its immunity from annexation by the
municipality for a period not to exceed 25 years;
(b) regulating the development within the boundaries of the
district in a manner that the parties agree will further the health,
safety and welfare of the residents of the district;
(c) containing other terms and consideration that the
district and the municipality agree to be reasonable and
appropriate; and
(d) which may be renewed or extended for successive periods
of time not to exceed 15 years.
A municipality may contract with the district, and/or the
owners of the land within the district, to accomplish the purposes
set forth above.
SECTION 8. BOARD OF DIRECTORS.
(a) The district is governed by a board of five directors.
(b) Temporary directors serve until initial permanent
directors are elected under Section 10 of this Act.
(c) Initial permanent directors serve until permanent
directors are elected under Section 11 of this Act.
(d) Permanent directors other than initial permanent
directors serve staggered four-year terms.
(e) Each director must qualify to serve as director in the
manner provided by Section 49.055, Water Code.
(f) A director serves until the director's successor has
qualified.
SECTION 9. TEMPORARY DIRECTORS. (a) The temporary board
of directors is composed of:
(1) Gary Jones;
(2) Harry Turner;
(3) Stan McElroy;
(4) Billy Ray Walker; and
(5) Richard Fadal.
(b) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than three
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of persons
to fill all vacancies on the board.
SECTION 10. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
The temporary board of directors shall call and hold an election to
confirm establishment of the district and to elect five initial
directors as provided by Chapter 49, Water Code.
SECTION 11. ELECTION OF DIRECTORS. On the first Saturday in
May of the first even-numbered year occurring at least three years
after the year in which the confirmation election is held, an
election shall be held in the district for the election of two
directors who shall each serve two-year terms and three directors
who shall each serve four-year terms. Thereafter, on the same date
in each subsequent even-numbered year, the appropriate number of
directors shall be elected to the board.
SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
(a) The proper and legal notice of the intention to introduce this
Act, setting forth the general substance of this Act, has been
published as provided by law, and the notice and a copy of this Act
have been furnished to all persons, agencies, officials, or
entities to which they are required to be furnished by the
constitution and other laws of this state, including the governor,
who has submitted the notice and Act to the Texas Commission on
Environmental Quality.
(b) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(c) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 13. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.