1-1     By:  Patterson (Senate Sponsor - Cain)                H.B. No. 1484

 1-2           (In the Senate - Received from the House April 14, 1997;

 1-3     April 16, 1997, read first time and referred to Committee on

 1-4     Natural Resources; May 15, 1997, reported favorably by the

 1-5     following vote:  Yeas 11, Nays 0; May 15, 1997, 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 Gober Municipal Utility District.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  CREATION.  (a)  A conservation and reclamation

1-12     district, to be known as the Gober Municipal Utility District, is

1-13     created in Fannin County, subject to approval at a confirmation

1-14     election under Section 9 of this Act.  The district is a

1-15     governmental agency and a body politic and corporate.

1-16           (b)  The district is created under and is essential to

1-17     accomplish the purposes of Section 59, Article XVI, Texas

1-18     Constitution.

1-19           SECTION 2.  DEFINITION.  In this Act, "district" means the

1-20     Gober Municipal Utility District.

1-21           SECTION 3.  BOUNDARIES.  The district includes the territory

1-22     contained within the following area:

1-23     Being a partial of land, lying and being situated in the Gober

1-24     community of Fannin County, Texas.  The partial of land being a

1-25     part of the Charles Logan Survey # 643, Milliam R. Harrison Survey

1-26     Abstract # 494, Andrew Manson Survey Abstract # 732, James Dalton

1-27     Survey Abstract # 288, Thomas Stalcup Survey Abstract # 1008, Jesse

1-28     F. Thomas Survey Abstract # 1119, Samuel Johnson Survey Abstract #

1-29     569, John H. Painter Survey Abstract # 903, Russell Bogart Survey

1-30     Abstract # 63, Walter T. Beaugard Survey Abstract # 65, Cathline

1-31     Self Survey Abstract # 1347, Mary C. Fleffing Survey Abstract #

1-32     375, E. M. Eubanks Survey Abstract # 343, William Webb Survey

1-33     Abstract # 1152, Samuel Turner Survey Abstract # 1111, John Hart

1-34     Survey Abstract # 474, Elijah Keller Survey Abstract # 612, John

1-35     Sise Survey Abstract # 1059, James Fletcher Survey Abstract # 390,

1-36     M.  R. Calvin Survey Abstract # 226, Robert B. Glenn Survey

1-37     Abstract # 434, German Emigration Co. Survey Abstract # 441 and all

1-38     of the D. W. Morrison Survey Abstract # 752, R. M. Williamson

1-39     Survey Abstract # 1210, Mary Allen Survey Abstract # 13, William

1-40     Saunders Survey Abstract # 1002, T. & P. Rail Road Survey Abstract

1-41     # 1257 and F. D. Stuart Survey Abstract # 1314.  This partial of

1-42     land being the Gober Water Supply Corporation # 0740024, CCN #

1-43     12337.  The said partial of land being described in general calls

1-44     using creek banks, highway right-of-ways, abstract survey lines and

1-45     calls for private property corners.

1-46     Beginning at the intersection of the North bank of the main channel

1-47     of North Sulphur River and the East right-of-way of F. M. Highway

1-48     68, for the point of beginning.

1-49     THENCE:  In a Northeasterly direction with the North bank of North

1-50     Sulphur River approximately 3000 feet to a point of intersection of

1-51     the West bank of Bear Creek and North bank of North Sulphur River,

1-52     for the Easternmost corner of this tract.

1-53     THENCE:  Northwesterly with the West bank of Bear Creek to the

1-54     point of intersection with the West line of the referenced German

1-55     Emigration Co.  Survey, for an inside Northeast corner.

1-56     THENCE:  Northerly with the West line of the said Emigration Co.

1-57     Survey and the East line of the said Robert Glenn Survey to the

1-58     Northeast corner of a called 45.48 acre tract conveyed to James

1-59     O' Mally in Volume 773, Page 470 for a Northeast corner.

1-60     THENCE:  Westerly with the North line of the said O'Malley tract,

1-61     passing the Northwest corner of the said tract and continuing to

1-62     the West bank of the said Bear Creek, for an inside Northeast

1-63     corner.

1-64     THENCE:  Northwesterly along the West bank of Bear Creek to a point

 2-1     that is West of the inside Southwest corner of the referenced

 2-2     Elijah Keller Survey, for a corner.

 2-3     THENCE:  Westerly passing the said inside Southwest corner of the

 2-4     said Keller Survey and continuing with its Westernmost South line

 2-5     and the Southernmost South line of the referenced John Hart Survey

 2-6     to a point in the West bank of Allen Creek, for a corner.

 2-7     THENCE:  Northwesterly with the West bank of Allen Creek to the

 2-8     intersection of the West right-of-way of F. M. Highway 271, for the

 2-9     Northernmost Northwest corner of this tract.

2-10     THENCE:  West a distance of 200 feet to a point, for the

2-11     Northernmost Northwest corner of this tract.

2-12     THENCE:  Southerly, 200' West of and parallel the said West Highway

2-13     right-of-way of F. M. Highway 271 to a point that is 200 feet North

2-14     of the North line of the referenced William Saunders Survey, for

2-15     the inside Northwest corner.

2-16     THENCE:  Westerly to the Northwest corner of a called 100 acre

2-17     tract conveyed to the United States of America in Volume 812, Page

2-18     1099, for the Westernmost Northwest corner of this tract.

2-19     THENCE:  South along the West line of the said 100 acre tract and

2-20     continuing to cross F. M. Highway 68 passing the Northeast corner

2-21     of a called 97.92 acre tract conveyed to LaJana Brooks in Vol. 822,

2-22     Page 902, passing the Southwest corner of the 97.92 acre tract and

2-23     continuing South a distance of approximately 2180 feet to a point

2-24     that is West of the Southwest corner of a called 60 acre tract

2-25     conveyed to James Williams, for the Westernmost Southwest corner of

2-26     this tract.

2-27     THENCE:  Easterly passing the Southwest corner of the said 60 acre

2-28     tract and continuing along the South line of a called 40 acre tract

2-29     conveyed to William Watson in Vol. 813, Page 755 and with the South

2-30     line of a called 70 acre tract conveyed to Jerry W. Zoomwalt in

2-31     Volume 819, Page 531, passing the Southeast corner of the said 70

2-32     acre tact and continuing approximately 4180 feet to a point in the

2-33     East bank of an unnamed North tributary creek of Sulphur Creek, for

2-34     a corner of this tract.

2-35     THENCE:  Southeasterly with the East bank of the said tributary

2-36     creek, crossing the Northernmost East line of a called 99 acre

2-37     tract conveyed to Allen R. McGee and continuing to a point at the

2-38     intersection with the North bank of the main channel of North

2-39     Sulphur River, for a corner in a called 290 acre tract conveyed to

2-40     Bobby McCraw in Vol. 835, Page 213.

2-41     THENCE:  Easterly with the North bank of North Sulphur River and

2-42     Channel to the point of beginning.

2-43           SECTION 4.  FINDINGS RELATING TO BOUNDARIES.  The legislature

2-44     finds that the boundaries and field notes of the district form a

2-45     closure.  A mistake in the field notes or in copying the field

2-46     notes in the legislative process does not affect the organization,

2-47     existence, or validity of the district, the right of the district

2-48     to levy and collect taxes, or the legality or operation of the

2-49     district or its governing body.

2-50           SECTION 5.  FINDING OF BENEFIT.  All of the land and other

2-51     property included within the boundaries of the district will be

2-52     benefited by the works and projects that are to be accomplished by

2-53     the district under powers conferred by Section 59, Article XVI,

2-54     Texas Constitution.  The district is created to serve a public use

2-55     and benefit.

2-56           SECTION 6.  POWERS.  (a)  The district has all of the rights,

2-57     powers, privileges, authority, functions, and duties provided by

2-58     the general law of this state, including Chapters 49 and 54, Water

2-59     Code, applicable to municipal utility districts created under

2-60     Section 59, Article XVI, Texas Constitution.  This Act prevails

2-61     over any provision of general law that is in conflict or

2-62     inconsistent with this Act.

2-63           (b)  The rights, powers, privileges, authority, functions,

2-64     and duties of the district are subject to the continuing right of

2-65     supervision of the state to be exercised by and through the Texas

2-66     Natural Resource Conservation Commission.

2-67           SECTION 7.  BOARD OF DIRECTORS.  (a)  The district is

2-68     governed by a board of five directors.

2-69           (b)  Temporary directors serve until initial directors are

 3-1     elected under Section 9 of this Act.

 3-2           (c)  Initial directors serve until permanent directors are

 3-3     elected under Section 10 of this Act.

 3-4           (d)  Permanent directors serve staggered four-year terms.

 3-5           (e)  Each director must qualify to serve as director in the

 3-6     manner provided by Section 49.055, Water Code.

 3-7           (f)  A director serves until the director's successor has

 3-8     qualified.

 3-9           SECTION 8.  TEMPORARY DIRECTORS.  The temporary board of

3-10     directors is composed of:

3-11                 (1)  Kent Smith, president;

3-12                 (2)  Leon Haggard, vice president;

3-13                 (3)  Shane Wallace, secretary-treasurer;

3-14                 (4)  Jimmy Green; and

3-15                 (5)  Kevin Brooks.

3-16           SECTION 9.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

3-17     (a) The temporary board of directors shall call and hold an

3-18     election to confirm establishment of the district and to elect five

3-19     initial directors as provided by Chapter 49, Water Code.

3-20           (b)  Section 41.001(a), Election Code, does not apply to a

3-21     confirmation election held as provided by this section.

3-22           SECTION 10.  ELECTION OF DIRECTORS.  (a)  On the first

3-23     Saturday in May that occurs in an even-numbered year after the date

3-24     on which the confirmation election is held, an election shall be

3-25     held in the district for the election of two directors who shall

3-26     each serve two-year terms and three directors who shall each serve

3-27     four-year terms.

3-28           (b)  The board of directors by order may postpone the

3-29     election for two years if:

3-30                 (1)  the election will occur within 60 days after the

3-31     date on which the confirmation election is held; or

3-32                 (2)  the board determines that there is not sufficient

3-33     time to comply with the requirements of law and to order the

3-34     election.

3-35           (c)  On the first Saturday in May of each even-numbered year

3-36     following the first election held under this section, the

3-37     appropriate number of directors shall be elected to the board.

3-38           SECTION 11.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.

3-39     (a)  The proper and legal notice of the intention to introduce this

3-40     Act, setting forth the general substance of this Act, has been

3-41     published as provided by law, and the notice and a copy of this Act

3-42     have been furnished to all persons, agencies, officials, or

3-43     entities to which they are required to be furnished by the

3-44     constitution and other laws of this state, including the governor,

3-45     who has submitted the notice and Act to the Texas Natural Resource

3-46     Conservation Commission.

3-47           (b)  The Texas Natural Resource Conservation Commission has

3-48     filed its recommendations relating to this Act with the governor,

3-49     lieutenant governor, and speaker of the house of representatives

3-50     within the required time.

3-51           (c)  All requirements of the constitution and laws of this

3-52     state and the rules and procedures of the legislature with respect

3-53     to the notice, introduction, and passage of this Act are fulfilled

3-54     and accomplished.

3-55           SECTION 12. EMERGENCY.  The importance of this legislation

3-56     and the crowded condition of the calendars in both houses create an

3-57     emergency and an imperative public necessity that the

3-58     constitutional rule requiring bills to be read on three several

3-59     days in each house be suspended, and this rule is hereby suspended,

3-60     and that this Act take effect and be in force from and after its

3-61     passage, and it is so enacted.

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