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78R11527 RCJ-F
By: Armbrister S.B. No. 1917
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of the Elgin Municipal Utility District
No. 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Elgin Municipal Utility
District No. 1.
SECTION 2. CREATION. (a) A municipal utility district, to
be known as the Elgin Municipal Utility District No. 1, is created
in Bastrop County, subject to approval by the City of Elgin under
Section 7 of this Act and voter approval at a confirmation election
under Section 12 of this Act.
(b) The district is a governmental agency and a political
subdivision of this state.
SECTION 3. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) The district is created under and is essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
(c) All of the land and other property included within the
boundaries of the district will be benefited by the works and
projects that are to be accomplished by the district under powers
conferred by Section 59, Article XVI, Texas Constitution.
SECTION 4. BOUNDARIES. The boundaries of the district are
as follows:
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 384.83 ACRES, MORE OR LESS.
THIS DESCRIPTION WAS PREPARED FROM THE DEEDS OF RECORD AND
DOES NOT PURPORT TO BE AN ON-THE-GROUND SURVEY.
CONTAINING, within these metes and bounds 384.83 acres of
land area.
SECTION 5. FINDINGS RELATIVE TO BOUNDARIES. The
legislature finds that the boundaries and field notes of the
district form a closure. If a mistake is made in the field notes or
in copying the field notes in the legislative process, the mistake
does not affect in any way:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes; or
(3) the legality or operation of the district or the
board.
SECTION 6. GENERAL POWERS. 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 Section 59, Article XVI, Texas Constitution.
SECTION 7. CITY OF ELGIN. (a) The district is wholly
located within the extraterritorial jurisdiction of the City of
Elgin. The district is subject to the requirements of municipal
ordinances of the City of Elgin applicable to extraterritorial
areas, unless the municipality's governing body waives compliance.
Creation of the district is subject to approval by the City of Elgin
under Sections 42.042, Local Government Code, and 54.016, Water
Code.
(b) Subject to the approval of the City of Elgin, the
district may divide into two or more contiguous districts as
provided by Sections 51.749-51.758, Water Code.
SECTION 8. DEVELOPMENT AGREEMENT. The district may enter
into a written contract with the City of Elgin that:
(1) guarantees 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;
(2) regulates 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;
(3) contains other terms and considerations that the
parties agree are reasonable and appropriate; and
(4) may be renewed or extended for successive periods
not to exceed a total of 15 years.
SECTION 9. APPLICABILITY OF OTHER LAW. This Act prevails
over any provision of general law that is in conflict or
inconsistent with this Act.
SECTION 10. BOARD OF DIRECTORS. (a) The district is
governed by a board of five directors.
(b) Temporary directors serve until initial directors are
elected under Section 12 of this Act.
(c) Two of the initial directors serve until the first
election of permanent directors under Section 13 of this Act. Three
of the initial directors serve until the second election of
permanent directors under Section 13 of this Act.
(d) 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 11. TEMPORARY DIRECTORS. (a) The temporary board
consists 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 12. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary board shall call and hold an election to confirm
establishment of the district and to elect five initial directors
as provided by Section 49.102, Water Code.
(b) The initial directors elected shall draw lots to decide
which two shall serve terms lasting until replacement directors are
elected at the first regularly scheduled election of directors
under Section 13 of this Act and which three shall serve until the
second regularly scheduled election of directors.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held as provided by
this section.
SECTION 13. ELECTION OF DIRECTORS. (a) On the first
Saturday in May of the first even-numbered year after the year in
which the district is authorized to be created at a confirmation
election, an election shall be held in the district for the election
of two directors to replace the two initial directors serving
shorter terms from the confirmation election.
(b) On the first Saturday in May of each subsequent
even-numbered year following the election, the appropriate number
of directors shall be elected.
SECTION 14. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(a) The 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 under Section 59, Article XVI,
Texas Constitution, and Chapter 313, Government Code. The
governor, one of the required recipients, 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 15. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
takes effect September 1, 2003.
(b) If the creation of the district is not confirmed at a
confirmation election held under Section 12 of this Act before
September 1, 2005, this Act expires on that date.