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79R4863 HLT-F
By: Pitts H.B. No. 3544
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Ellis County Municipal Utility
District No. 1; providing authority to impose a tax and issue bonds;
granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8121 to read as follows:
CHAPTER 8121. ELLIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8121.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Ellis County Municipal
Utility District No. 1.
Sec. 8121.002. NATURE OF DISTRICT. The district is a
municipal utility district in Ellis County created under and
essential to accomplish the purposes of Section 52, Article III,
and Section 59, Article XVI, Texas Constitution.
Sec. 8121.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8121.022 before September 1, 2007:
(1) the district is dissolved September 1, 2007,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Ellis County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2010.
Sec. 8121.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect:
(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 board.
Sec. 8121.005. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapters 49 and 54, Water Code,
apply to the district.
[Sections 8121.006-8121.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8121.021. TEMPORARY DIRECTORS. (a) On or after
September 1, 2005, a person who owns land in the proposed district
may submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as temporary
directors the five persons named in the petition.
(b) The commission shall appoint as temporary directors the
five persons named in the first petition received by the commission
under Subsection (a).
(c) If a temporary director fails to qualify for office, the
commission shall appoint a person to fill the vacancy.
(d) As soon as practicable after all of the temporary
directors have qualified, the temporary directors shall meet and
elect officers from among their membership.
(e) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
8121.022; or
(2) the date this chapter expires under Section
8121.003.
Sec. 8121.022. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. The temporary directors shall hold an election to
confirm the creation of the district and to elect five initial
directors as provided by Section 49.102, Water Code.
Sec. 8121.023. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8121.022 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8121.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8121.024. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8121.025-8121.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8121.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8121.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8121.053-8121.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8121.101. COMPLIANCE WITH CITY ORDINANCE OR
RESOLUTION. Subject to the limitations of Section 54.016, Water
Code, the district shall comply with all valid and applicable
requirements of an ordinance or resolution adopted by the city
council of the City of Ferris, including an ordinance or resolution
adopted before September 1, 2005, that consents to the creation of
the district or to the inclusion of lands within the district.
SECTION 2. BOUNDARIES. The Ellis County Municipal Utility
District No. 1 initially includes the territory contained within
the following area:
BEGINNING at a point for corner at an iron rod found at the
intersection of the southerly line of FM 664 and the southwesterly
line of said 79.75 acre tract said point being South 54 degrees 49
minutes 05 seconds East a distance of 110.16 feet from the
northwesterly corner of said 79.75 acre tract and also being in the
easterly line of that 74 acre tract of land conveyed to Logan B.
Cox, Jr. by deed recorded in Volume 508, Page 952 of the Deed
Records of Ellis County;
THENCE North 60 degrees 01 minutes 30 seconds East along the
southerly line of FM 664 a distance of 669.07 feet to an angle point
at a highway monument;
THENCE North 59 degrees 55 minutes 50 seconds East continuing
along the southerly line of FM 664 a distance of 499.75 feet to an
angle point at a highway monument;
THENCE North 60 degrees 05 minutes 35 seconds East continuing
along the southerly line of FM 664 a distance of 450.59 feet to an
angle point at a highway monument;
THENCE North 61 degrees 06 minutes 35 seconds East continuing
along the southerly line of FM 664 a distance of 1168.57 feet to the
beginning of a curve to the right;
THENCE in an easterly direction continuing along the
southerly line of FM 664 and along said curve to the right having a
radius of 1849.86 feet, a central angle of 00 degrees 50 minutes 24
seconds, and an arc length of 27.21feet to a point for corner at an
iron rod set in the easterly line of said 79.75 acre tract;
THENCE South 27 degrees 16 minutes 40 seconds East along the
easterly line of said 79.75 acre tract a distance of 1347.75 feet to
a point for corner at an iron rod set;
THENCE South 61 degrees 07 minutes 30 seconds West along the
southerly line of said tract a distance of 58.34 feet to a point for
corner in the center of a ditch;
THENCE South 28 degrees 30 minutes 10 seconds East along the
center of said ditch and the easterly line of said 45.9 acre tract a
distance of 1,091.36 feet to a point for corner at an iron rod set;
THENCE North 60 degrees 02 minutes 45 seconds East along the
northerly line of said 80.4 acre tract a distance of 682.53 feet to
an angle point at an iron pipe found;
THENCE South 89 degrees 13 minutes 30 seconds East continuing
along the northerly line of said 80.4 acre tract a distance of
876.81 feet to a point for corner at an iron rod set in the center
line of a creek;
THENCE in a southerly direction along the meanders of said
creek the following calls:
South 01 degrees 11 minutes 30 seconds East a distance
of 224.29 feet,
North 85 degrees 37 minutes 35 seconds West a distance
of 63.46 feet,
South 01 degrees 45 minutes 30 seconds West a distance
of 152.23 feet,
South 44 degrees 42 minutes 10 seconds East a distance
of 119.7 feet,
South 37 degrees 27 minutes 10 seconds West a distance
of 112.17 feet,
South 46 degrees 42 minutes 30 seconds East a distance
of 109.35 feet,
South 22 degrees 09 minutes 50 seconds West a distance
of 223.42 feet,
South 87 degrees 58 minutes 35 seconds East a distance
of 83.12 feet,
South 07 degrees 39 minutes 30 seconds West a distance
of 75.62 feet,
South 46 degrees 54 minutes 10 seconds East a distance
of 52.78 feet,
South 05 degrees 56 minutes 20 seconds West a distance
of 83.24 feet,
South 33 degrees 42 minutes East a distance of 366.94
feet,
South 48 degrees 18 minutes 40 seconds East a distance
of 175.86 feet
South 02 degrees 23 minutes 20 seconds West a distance
of 324.45 feet,
South 26 degrees 36 minutes 40 seconds East a distance
of 60.00 feet,
South 08 degrees 57 minutes 05 seconds East a distance
of 448.46 feet
To a point for corner in the center line of another
creek;
THENCE in a southeasterly direction along the meanders of
said creek the following calls:
South 63 degrees 20 minutes 45 seconds East a distance of
375.58 feet,
South 70 degrees 45 minutes 45 seconds East a distance of
393.92 feet to a point for corner in the northerly line of FM 983;
THENCE South 39 degrees 20 minutes 10 seconds West along the
northerly line of FM 983 a distance of 78.87 feet to the beginning
of a curve to the right;
THENCE in a westerly direction continuing along the northerly
line of FM 983 and along said curve to the right having a radius of
909.93 feet, a central angle of 21 degrees 00 minutes, and an arc
length of 333.51 feet to the end of said curve to the right;
THENCE South 60 degrees 20 minutes 10 seconds West continuing
along the northerly Line of FM983 a distance of 121.4 feet to an
angle point;
THENCE South 48 degrees 53 minutes 35 seconds West continuing
along the northerly line of FM 983 a distance of 25.2 feet to an
angle point;
THENCE South 60 degrees 20 minutes 10 seconds West continuing
along the northerly line of FM 983 a distance of 650.5 feet to the
beginning of a curve to the left;
THENCE in a westerly direction continuing along the northerly
line of FM 983 and along said curve to the left having a radius of
1949.86 feet, a central angle of 02 degrees 11 minutes 37 seconds,
and an arc length of 74.65 feet to a point for corner at an iron rod
set;
THENCE North 15 degrees 36 minutes 15 seconds West a distance
of 593.06 feet to a point for corner at an iron rod set;
THENCE South 54 degrees 41 minutes 15 seconds West a distance
of 235.06 feet to a point for corner at an iron rod set;
THENCE South 15 degrees 36 minutes 15 seconds East a distance
of 593.08 feet to a point for corner at an iron rod set in the
northerly line of FM 983;
THENCE in a westerly direction along the northerly line of FM
983 and along a curve to the left having a radius of 1949.86 feet, a
central angle of 11 degrees 28 minutes 23 seconds, and an arc length
of 390.44 feet to the end of said curve to the left;
THENCE South 39 degrees 45 minutes 30 seconds West continuing
along the northerly line of FM 983 a distance of 734.13 feet to the
beginning of a curve to the right;
THENCE in a westerly direction continuing along the northerly
line of FM 983 and along said curve to the right having a radius of
437.46 feet, a central angle of 50 degrees 54 minutes 50 seconds,
and arc length of 388.73 feet to the end of said curve to the right;
THENCE North 89 degrees 19 minutes 40 seconds West continuing
along the northerly line of FM 983 a distance of 1697.73 feet to the
beginning of a curve to the left;
THENCE in a westerly direction continuing along the northerly
line of FM 983 and along said curve to the left having a radius of
421.97 feet, a central angle of 15 degrees 08 minutes 47 seconds,
and an arc length of 111.55 feet to a point for corner at an iron rod
set;
THENCE North 29 degrees 45 minutes 35 seconds West along the
westerly line of said 160.04 and 10.6 acre tracts and the easterly
line of that 122.75 acre tract of land conveyed to M.A. Keeling by
deed recorded Volume 321, Page 422 of the Deed Records of Ellis
County, a distance of 2235.66 feet to a point for corner at an iron
rod found;
THENCE North 36 degrees 50 minutes 45 seconds East along the
northerly line of said 160.04 and 10.6 acre tracts and the southerly
line of the 74 and 9.1 acre tracts of land conveyed to Logan B. Cox,
Jr. by deed recorded in Volume 508, page 952 of the Deed Records of
Ellis County a distance of 1706.33 feet to a point for corner at an
iron rod found;
THENCE North 54 degrees 49 minutes 05 seconds West along the
common line between said 9.1 acre tract and 45.9 acre tract a
distance of 569.4 feet to an angle point;
THENCE North 54 degrees 11 minutes 30 seconds West along the
southwesterly line of said 79.75 acre tract a distance of 816.24
feet to an angle point;
THENCE North 54 degrees 49 minutes 05 seconds West continuing
along said southwesterly line and the northeasterly line of said
Cox 74 acre tract a distance of 642.64 a feet to the PLACE OF
BEGINNING and containing 450.296 acres.
SAVE & EXCEPT:
BEGINNING at a point for a corner at an iron rod found at the
intersection of the southerly line of FM 664 and the southwesterly
line of said 79.75 acre tract, said point being South 54 degrees 49
minutes 05 seconds East a distance of 110.16 feet from the
northwesterly corner of said 79.75 acre tract and also being in the
easterly line of that 74 acre tract of land conveyed to Logan B.
Cox, Jr. by deed recorded in Volume 508, Page 952 of the Deed
Records of Ellis County;
THENCE North 60 degrees 01 minutes 30 seconds East along the
southerly line of FM 664 a distance of 415.62 feet to a point for a
corner;
THENCE South 0 degrees 0 minutes 0 seconds East departing
said FM 664 right-of-way, A distance of 461.46 feet to the southerly
line of the 74 and 9.1 acre tract of land conveyed to Logan B. Cox,
Jr. by deed recorded in Volume 508, Page 952 of the Deed Records of
Ellis County a distance of 1706.33 feet to a point for corner;
THENCE North 54 degrees 49 minutes 05 seconds West continuing
along said southwesterly line and the northeasterly line of said
Cox 74 acre tract a distance of 44050 feet to the PLACE OF BEGINNING
and containing 1.907 acres.
SECTION 3. (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.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) 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 4. This Act takes effect September 1, 2005.