1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Gober Municipal Utility District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. CREATION. (a) A conservation and reclamation
1-6 district, to be known as the Gober Municipal Utility District, is
1-7 created in Fannin County, subject to approval at a confirmation
1-8 election under Section 9 of this Act. The district is a
1-9 governmental agency and a body politic and corporate.
1-10 (b) The district is created under and is essential to
1-11 accomplish the purposes of Section 59, Article XVI, Texas
1-12 Constitution.
1-13 SECTION 2. DEFINITION. In this Act, "district" means the
1-14 Gober Municipal Utility District.
1-15 SECTION 3. BOUNDARIES. The district includes the territory
1-16 contained within the following area:
1-17 Being a partial of land, lying and being situated in the Gober
1-18 community of Fannin County, Texas. The partial of land being a
1-19 part of the Charles Logan Survey # 643, Milliam R. Harrison Survey
1-20 Abstract # 494, Andrew Manson Survey Abstract # 732, James Dalton
1-21 Survey Abstract # 288, Thomas Stalcup Survey Abstract # 1008, Jesse
1-22 F. Thomas Survey Abstract # 1119, Samuel Johnson Survey Abstract #
1-23 569, John H. Painter Survey Abstract # 903, Russell Bogart Survey
1-24 Abstract # 63, Walter T. Beaugard Survey Abstract # 65, Cathline
2-1 Self Survey Abstract # 1347, Mary C. Fleffing Survey Abstract #
2-2 375, E. M. Eubanks Survey Abstract # 343, William Webb Survey
2-3 Abstract # 1152, Samuel Turner Survey Abstract # 1111, John Hart
2-4 Survey Abstract # 474, Elijah Keller Survey Abstract # 612, John
2-5 Sise Survey Abstract # 1059, James Fletcher Survey Abstract # 390,
2-6 M. R. Calvin Survey Abstract # 226, Robert B. Glenn Survey
2-7 Abstract # 434, German Emigration Co. Survey Abstract # 441 and all
2-8 of the D. W. Morrison Survey Abstract # 752, R. M. Williamson
2-9 Survey Abstract # 1210, Mary Allen Survey Abstract # 13, William
2-10 Saunders Survey Abstract # 1002, T. & P. Rail Road Survey Abstract
2-11 # 1257 and F. D. Stuart Survey Abstract # 1314. This partial of
2-12 land being the Gober Water Supply Corporation # 0740024, CCN #
2-13 12337. The said partial of land being described in general calls
2-14 using creek banks, highway right-of-ways, abstract survey lines and
2-15 calls for private property corners.
2-16 Beginning at the intersection of the North bank of the main channel
2-17 of North Sulphur River and the East right-of-way of F. M. Highway
2-18 68, for the point of beginning.
2-19 THENCE: In a Northeasterly direction with the North bank of North
2-20 Sulphur River approximately 3000 feet to a point of intersection of
2-21 the West bank of Bear Creek and North bank of North Sulphur River,
2-22 for the Easternmost corner of this tract.
2-23 THENCE: Northwesterly with the West bank of Bear Creek to the
2-24 point of intersection with the West line of the referenced German
2-25 Emigration Co. Survey, for an inside Northeast corner.
2-26 THENCE: Northerly with the West line of the said Emigration Co.
2-27 Survey and the East line of the said Robert Glenn Survey to the
3-1 Northeast corner of a called 45.48 acre tract conveyed to James
3-2 O' Mally in Volume 773, Page 470 for a Northeast corner.
3-3 THENCE: Westerly with the North line of the said O'Malley tract,
3-4 passing the Northwest corner of the said tract and continuing to
3-5 the West bank of the said Bear Creek, for an inside Northeast
3-6 corner.
3-7 THENCE: Northwesterly along the West bank of Bear Creek to a point
3-8 that is West of the inside Southwest corner of the referenced
3-9 Elijah Keller Survey, for a corner.
3-10 THENCE: Westerly passing the said inside Southwest corner of the
3-11 said Keller Survey and continuing with its Westernmost South line
3-12 and the Southernmost South line of the referenced John Hart Survey
3-13 to a point in the West bank of Allen Creek, for a corner.
3-14 THENCE: Northwesterly with the West bank of Allen Creek to the
3-15 intersection of the West right-of-way of F. M. Highway 271, for the
3-16 Northernmost Northwest corner of this tract.
3-17 THENCE: West a distance of 200 feet to a point, for the
3-18 Northernmost Northwest corner of this tract.
3-19 THENCE: Southerly, 200' West of and parallel the said West Highway
3-20 right-of-way of F. M. Highway 271 to a point that is 200 feet North
3-21 of the North line of the referenced William Saunders Survey, for
3-22 the inside Northwest corner.
3-23 THENCE: Westerly to the Northwest corner of a called 100 acre
3-24 tract conveyed to the United States of America in Volume 812, Page
3-25 1099, for the Westernmost Northwest corner of this tract.
3-26 THENCE: South along the West line of the said 100 acre tract and
3-27 continuing to cross F. M. Highway 68 passing the Northeast corner
4-1 of a called 97.92 acre tract conveyed to LaJana Brooks in Vol. 822,
4-2 Page 902, passing the Southwest corner of the 97.92 acre tract and
4-3 continuing South a distance of approximately 2180 feet to a point
4-4 that is West of the Southwest corner of a called 60 acre tract
4-5 conveyed to James Williams, for the Westernmost Southwest corner of
4-6 this tract.
4-7 THENCE: Easterly passing the Southwest corner of the said 60 acre
4-8 tract and continuing along the South line of a called 40 acre tract
4-9 conveyed to William Watson in Vol. 813, Page 755 and with the South
4-10 line of a called 70 acre tract conveyed to Jerry W. Zoomwalt in
4-11 Volume 819, Page 531, passing the Southeast corner of the said 70
4-12 acre tact and continuing approximately 4180 feet to a point in the
4-13 East bank of an unnamed North tributary creek of Sulphur Creek, for
4-14 a corner of this tract.
4-15 THENCE: Southeasterly with the East bank of the said tributary
4-16 creek, crossing the Northernmost East line of a called 99 acre
4-17 tract conveyed to Allen R. McGee and continuing to a point at the
4-18 intersection with the North bank of the main channel of North
4-19 Sulphur River, for a corner in a called 290 acre tract conveyed to
4-20 Bobby McCraw in Vol. 835, Page 213.
4-21 THENCE: Easterly with the North bank of North Sulphur River and
4-22 Channel to the point of beginning.
4-23 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
4-24 finds that the boundaries and field notes of the district form a
4-25 closure. A mistake in the field notes or in copying the field
4-26 notes in the legislative process does not affect the organization,
4-27 existence, or validity of the district, the right of the district
5-1 to levy and collect taxes, or the legality or operation of the
5-2 district or its governing body.
5-3 SECTION 5. FINDING OF BENEFIT. All of the land and other
5-4 property included within the boundaries of the district will be
5-5 benefited by the works and projects that are to be accomplished by
5-6 the district under powers conferred by Section 59, Article XVI,
5-7 Texas Constitution. The district is created to serve a public use
5-8 and benefit.
5-9 SECTION 6. POWERS. (a) The district has all of the rights,
5-10 powers, privileges, authority, functions, and duties provided by
5-11 the general law of this state, including Chapters 49 and 54, Water
5-12 Code, applicable to municipal utility districts created under
5-13 Section 59, Article XVI, Texas Constitution. This Act prevails
5-14 over any provision of general law that is in conflict or
5-15 inconsistent with this Act.
5-16 (b) The rights, powers, privileges, authority, functions,
5-17 and duties of the district are subject to the continuing right of
5-18 supervision of the state to be exercised by and through the Texas
5-19 Natural Resource Conservation Commission.
5-20 SECTION 7. BOARD OF DIRECTORS. (a) The district is
5-21 governed by a board of five directors.
5-22 (b) Temporary directors serve until initial directors are
5-23 elected under Section 9 of this Act.
5-24 (c) Initial directors serve until permanent directors are
5-25 elected under Section 10 of this Act.
5-26 (d) Permanent directors serve staggered four-year terms.
5-27 (e) Each director must qualify to serve as director in the
6-1 manner provided by Section 49.055, Water Code.
6-2 (f) A director serves until the director's successor has
6-3 qualified.
6-4 SECTION 8. TEMPORARY DIRECTORS. The temporary board of
6-5 directors is composed of:
6-6 (1) Kent Smith, president;
6-7 (2) Leon Haggard, vice president;
6-8 (3) Shane Wallace, secretary-treasurer;
6-9 (4) Jimmy Green; and
6-10 (5) Kevin Brooks.
6-11 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
6-12 (a) The temporary board of directors shall call and hold an
6-13 election to confirm establishment of the district and to elect five
6-14 initial directors as provided by Chapter 49, Water Code.
6-15 (b) Section 41.001(a), Election Code, does not apply to a
6-16 confirmation election held as provided by this section.
6-17 SECTION 10. ELECTION OF DIRECTORS. (a) On the first
6-18 Saturday in May that occurs in an even-numbered year after the date
6-19 on which the confirmation election is held, an election shall be
6-20 held in the district for the election of two directors who shall
6-21 each serve two-year terms and three directors who shall each serve
6-22 four-year terms.
6-23 (b) The board of directors by order may postpone the
6-24 election for two years if:
6-25 (1) the election will occur within 60 days after the
6-26 date on which the confirmation election is held; or
6-27 (2) the board determines that there is not sufficient
7-1 time to comply with the requirements of law and to order the
7-2 election.
7-3 (c) On the first Saturday in May of each even-numbered year
7-4 following the first election held under this section, the
7-5 appropriate number of directors shall be elected to the board.
7-6 SECTION 11. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
7-7 (a) The proper and legal notice of the intention to introduce this
7-8 Act, setting forth the general substance of this Act, has been
7-9 published as provided by law, and the notice and a copy of this Act
7-10 have been furnished to all persons, agencies, officials, or
7-11 entities to which they are required to be furnished by the
7-12 constitution and other laws of this state, including the governor,
7-13 who has submitted the notice and Act to the Texas Natural Resource
7-14 Conservation Commission.
7-15 (b) The Texas Natural Resource Conservation Commission has
7-16 filed its recommendations relating to this Act with the governor,
7-17 lieutenant governor, and speaker of the house of representatives
7-18 within the required time.
7-19 (c) All requirements of the constitution and laws of this
7-20 state and the rules and procedures of the legislature with respect
7-21 to the notice, introduction, and passage of this Act are fulfilled
7-22 and accomplished.
7-23 SECTION 12. EMERGENCY. The importance of this legislation
7-24 and the crowded condition of the calendars in both houses create an
7-25 emergency and an imperative public necessity that the
7-26 constitutional rule requiring bills to be read on three several
7-27 days in each house be suspended, and this rule is hereby suspended,
8-1 and that this Act take effect and be in force from and after its
8-2 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1484 was passed by the House on April
11, 1997, by the following vote: Yeas 132, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1484 was passed by the Senate on May
22, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor