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. 3-62 * * * * *