By: Armbrister S.B. No. 1822 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation and to the administration, powers, duties, 1-3 operation and financing of Hays County Water Control and 1-4 Improvement District No. 4. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. CREATION. Hays County Water Control and 1-7 Improvement District No. 4 (the "District"), is hereby created in 1-8 Hays County, subject to approval at a confirmation election under 1-9 Section 9 of this Act. The District is created as a special 1-10 district pursuant to and is essential to accomplish the purposes of 1-11 Article III, Section 52 and Article XVI, Section 59 of the Texas 1-12 Constitution. 1-13 SECTION 2. DEFINITIONS. In this Act, 1-14 (1) "Board" means board of directors of the District. 1-15 (2) "Commission" means the Texas Natural Resource 1-16 Conservation Commission. 1-17 (3) "District" means the Hays County Water Control and 1-18 improvement District No. 4. 1-19 (4) "Project" means any program or project authorized 1-20 by this Act or general laws relating to water control and 1-21 improvement districts, inside or outside the boundaries of the 1-22 District, that is necessary to accomplish the public purposes of 1-23 the District. 2-1 SECTION 3. BOUNDARIES. The District's boundaries are as 2-2 follows: 2-3 DESCRIPTION OF A 561.490 ACRE TRACT OF LAND OUT OF THE P. A. SMITH 2-4 SURVEY ABSTRACT NO. 415, HAYS COUNTY, TEXAS, BEING PART OF THAT 2-5 CERTAIN 538.03 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO M. K. 2-6 HAGE, JR. OF RECORD IN VOLUME 756, PAGE 369 OF THE REAL PROPERTY 2-7 RECORDS OF HAYS COUNTY, TEXAS, BEING ALL OF THAT CERTAIN 22.61 ACRE 2-8 TRACT OF LAND AS DESCRIBED IN A DEED TO M. K. HAGE, JR. OF RECORD 2-9 IN VOLUME 744, PAGE 308 OF THE REAL PROPERTY RECORDS OF HAYS COUNTY 2-10 TEXAS, AND BEING PART OF THAT CERTAIN 25.885 ACRE TRACT OF LAND AS 2-11 DESCRIBED IN A DEED TO M. K. HAGE, JR. OF RECORD IN VOLUME 1152, 2-12 PAGE 839 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 2-13 561.490 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND 2-14 BOUNDS AS FOLLOWS: 2-15 BEGINNING at a 5/8-inch iron pin for the southeast corner of Lot 4 2-16 of the Beulah Marie Needham Estate, a subdivision of record in Book 2-17 2, Page 102 of the Plat Records of Hays County, Texas, being also 2-18 an ell corner in the north line of said 538.03 acre tract and being 2-19 the northeast corner of the herein described tract; 2-20 THENCE S 00 25'19" E, over and across said 538.03 acre tract with 2-21 the east line of the herein described tract, for a distance of 2-22 978.22 feet to a 3/4-inch iron pipe found for an ell corner in the 2-23 east line of said 538.03 acre tract and being the northwest corner 2-24 of that certain tract 4.0 acre tract of land as described in a deed 2-25 of record in Volume 439, Page 584 of the Real Property Records of 2-26 Hays County, Texas; 3-1 THENCE, S 01 39'49" E, at distance of 133.10 feet passing the 3-2 northeast corner of said 22.61 acre Hage Tract and continuing for a 3-3 total distance of 382.95 feet to a 5/8-inch iron pin found at the 3-4 northwest corner of that certain 1.28 acre tract of land described 3-5 in Volume 293, Page 174 of the Real Property Records of Hays 3-6 County, Texas; 3-7 THENCE, S 00 11'44" E, continuing along the east line of the said 3-8 22.61 acre Hage Tract, for a distance of 1407.56 feet to a 1/2-inch 3-9 iron pin found at the northwest corner of that certain tract of 3-10 land as described in a quitclaim deed to M.K. Hage, of record in 3-11 Volume 882, Page 772 of the Official Records of Williamson County, 3-12 Texas; 3-13 THENCE, S 00 11'42" E, continuing along the east line of said 0.32 3-14 acre tract, for a distance of 126.19 feet to a point for the 3-15 southeast corner of said 0.32 acre tract, being also the most 3-16 easterly southeast corner of the herein described tract, being in 3-17 the northerly line of Phillips Cemetery and being in the east line 3-18 of said 25.865 acre Hage Tract; 3-19 THENCE, along the east line of said 25.856 acre Hage Tract, being 3-20 along the north and west lines of Phillips Cemetery for the 3-21 following five (5) courses; 3-22 1. S 81 20'53" W for a distance of 298.05 feet to a chain link 3-23 fence post, 3-24 2. S 81 04'50" W for a distance of 209.95 feet to a 1/2-inch iron 3-25 pin found, 3-26 3. S 06 34'25" E for a distance of 426.96 feet to a 1/2-inch iron 4-1 pin found, 4-2 4. N 81 03'37" E for a distance of 209.74 feet to a chain link 4-3 fence post, and 4-4 5. S 05 50'59" E for a distance of 212.11 feet to a chain link 4-5 fence post at the southeast corner of the said 25.856 acre Hage 4-6 Tract, being at the southwest corner of Phillips Cemetery, being in 4-7 the north line of that certain 538.2 acre tract of land described 4-8 in Volume 391, Page 583 of the Real Property Records of Hays 4-9 County, Texas, for the southeast corner hereof; 4-10 THENCE, along the south line of the said 25.856 acre Hage Tract, 4-11 being along the north line of said 538.2 acre tract with the 4-12 meanders of a wire fence for the following four (4) courses: 4-13 1. S 89 48'00" W for a distance of 594.44 feet to a point, 4-14 2. S 89 48'00" W for a distance of 594.44 feet to a point, 4-15 3. S 89 44'46" W for a distance of 460.67 feet to a point, and 4-16 4. S 89 44'23" W for a distance of 168.62 feet to a 1/2-inch iron 4-17 pin found at the southwest corner of the said 25.856 acre Hage 4-18 Tract and being at the most southerly southeast corner of the said 4-19 538.03 acre Hage Tract; 4-20 THENCE, along the south line of the said 538.03 acre Hage Tract, 4-21 being the north line of the said 538.2 acre tract for the following 4-22 three (3) courses: 4-23 1. S 89 45'27" W for a distance of 1358.36 feet to a 5/8-inch iron 4-24 pin found, 4-25 2. S 89 41'19" W for a distance of 2500.06 feet to a 5/8-inch iron 4-26 pin found, and 5-1 3. S 89 33'15" W for a distance of 1482.47 feet to a 5/8-inch iron 5-2 pin fond at the southwest corner of the said 538.03 acre Hage 5-3 Tract, being at the southeast corner of that certain 274.70 acre 5-4 tract of land described in Volume 356, page 362 of the Real 5-5 Property Records of Hays County, Texas, for the southwest corner 5-6 hereof; 5-7 THENCE, along the west line of the said 538.03 acre Hage Tract, 5-8 being the east line of the said 274.70 acre tract, N 01 21'36" E 5-9 for a distance of 2018.93 feet to a 5/8-inch iron pin found at the 5-10 northeast corner of the said 274.70 acre tract, being at the 5-11 southeast corner of that certain 105.54 acre tract of land 5-12 described in Volume 247, Page 581 of the Real Property Records of 5-13 Hays County, Texas; 5-14 THENCE, continuing along the west line of the said 538.03 acre Hage 5-15 Tract, being the east line of the said 105.54 acre tract for the 5-16 following three (3) courses: 5-17 1. N 01 31'32" E for a distance of 1048.37 feet to a 1/4-inch iron 5-18 pin found, 5-19 2. N 00 52'05" W for a distance of 229.49 feet to a 1/2-inch iron 5-20 pin found, and 5-21 3. N 00 44'52" W for a distance of 226.64 feet to a 1/2-inch iron 5-22 pin found at the northwest corner of the said 538.03 acre Hage 5-23 Tract, being at the southwest corner of that certain 386 acre tract 5-24 of land described in Volume 184, Page 597 of the Real Property 5-25 Records of Hays County, Texas, for the northwest corner hereof; 5-26 THENCE along the North line of said 538.03 acre Hage Tract, being 6-1 the South line of the said 386 acre tract for the following four 6-2 (4) courses: 6-3 1. S 78 05'25" E for a distance of 670.81 feet to a 1/2-inch iron 6-4 pin found in a tree, 6-5 2. N 88 37'13" E for a distance of 1628.60 feet to a 5/8-inch iron 6-6 pin found, 6-7 3. N 84 55'00" E for a distance of 1508.00 feet to a 5/8-inch iron 6-8 pin found, and 6-9 4. S 89 59'57" E for a distance of 640.96 feet to a 1/2-inch iron 6-10 pin set; 6-11 THENCE, continuing along the north line of said 538.03 acre Hage 6-12 Tract, N 89 01'03" E at approximately 100 feet passing the 6-13 approximate centerline of Archer's north Fork of Onion Creek and 6-14 continuing for a total distance of 971.30 feet to a 5/8-inch iron 6-15 pin found i the south line of Lot 4 of said Beulah Marie Needham 6-16 Estate Subdivision; 6-17 THENCE, continuing along the north line of said 538.03 acre Hage 6-18 Tract, being the south line of said Lot 4 for the following three 6-19 (3) courses; 6-20 1. N 09 19'15" E for a distance of 10.30 feet to a 5/8-inch iron 6-21 pin found, 6-22 2. N 89 05'12" E for a distance of 339.69 feet to a 1/2-inch iron 6-23 pin found, and 6-24 3. N 89 02'29" E for a distance of 1306.46 feet to the POINT OF 6-25 BEGINNING and containing 561.490 acres of land. 6-26 THIS DESCRIPTION WAS PREPARED FROM RECORD AND BASED ON THE PLAT OF 7-1 568.777 ACRES FOR THE M. K. HAGE JR. TRACT, PREPARED BY ROY D. 7-2 SMITH DATED JULY 1993. 7-3 SECTION 4. FINDINGS RELATED TO BOUNDARIES. The Legislature 7-4 finds that the boundaries and field notes of the District form a 7-5 closure. A mistake in the field notes or in copying the field 7-6 notes in the legislative process does not affect the organization, 7-7 existence, or validity of the District, the right of the District 7-8 to levy and collect taxes, or the legality or operation of the 7-9 District or its governing body. 7-10 SECTION 5. FINDING OF BENEFIT. All of the land and other 7-11 property included within the boundaries of the District will be 7-12 benefitted by the works and projects that are to be accomplished by 7-13 the District pursuant to the powers conferred by Section 59, 7-14 Article XVI, Texas Constitution. The District serves a public use 7-15 and benefit. 7-16 SECTION 6. POWERS. (a) The District has all of the rights, 7-17 powers, privileges, authority, functions, and duties provided by 7-18 the general law of this state to conservation and reclamation 7-19 districts, including, but not limited to Chapter 49, 51 and 54, 7-20 Water Code, as amended. After approval at an election pursuant to 7-21 Section 53.029 (c) and (d), Water Code, as amended, the District 7-22 shall have all of the rights and powers of a road district. 7-23 SECTION 7. ADMINISTRATIVE PROVISIONS. The District shall 7-24 operate as a Water Control and Improvement District and comply with 7-25 the Administrative Provisions of Chapter 51, Water Code, as 7-26 amended, except as specifically provided in this Act. The District 8-1 shall also comply with Texas Water Code Chapter 49 to the extent it 8-2 does not conflict with Chapter 51. 8-3 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of 8-4 directors is composed of: 8-5 (1) Donald J. Finley 8-6 (2) Michael McKinney 8-7 (3) Colleen Rene Jackson 8-8 (4) Thomas P. Flood 8-9 (5) George C. Davis, Jr. 8-10 (b) A director of the District must meet the qualifications 8-11 of a director under Chapter 51 and 49, Water Code, as amended. 8-12 (c) If a director fails to qualify for office, the directors 8-13 who have qualified shall appoint a person to fill the vacancy. If 8-14 at any time there are fewer than three qualified temporary 8-15 directors, the Commission shall appoint the necessary number of 8-16 persons to fill all vacancies on the board. 8-17 SECTION 9. CONFIRMATION AND DIRECTORS' ELECTION. (a) The 8-18 temporary board of directors shall call and hold an election to 8-19 confirm the creation of the District and to elect five permanent 8-20 directors, in the manner required by Sections 49.101 through 8-21 49.105, Water Code, as amended. 8-22 (b) The confirmation and permanent directors' election may 8-23 be conducted on a date other than the Uniform Election Date 8-24 designated in the Election Code. The confirmation and permanent 8-25 directors' election shall otherwise conform to the Election Code 8-26 and Chapter 49, Water Code, as amended. All subsequent directors' 9-1 elections shall be held in conformity with Section 49.103, Water 9-2 Code, as amended. 9-3 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 9-4 The Legislature finds: 9-5 (a) The proper and legal notice of the intention to 9-6 introduce this Act, setting forth the general substance of this 9-7 Act, has been published as provided by law, and the notice and a 9-8 copy of this Act have been furnished to all persons, agencies, 9-9 officials, or entities to which they are required to be furnished 9-10 by the constitution and other laws of this state, including the 9-11 governor, who has submitted the notice and Act to the Texas Natural 9-12 Resource Conservation Commission. 9-13 (b) The Texas Natural Resource Conservation Commission has 9-14 filed its recommendations relating to this Act with the governor, 9-15 lieutenant governor, and speaker of the house of representatives 9-16 within the required time. 9-17 (c) All requirements of the constitution and laws of this 9-18 state and rules and procedures of the legislature with respect to 9-19 the notice, introduction, and passage of this Act are fulfilled and 9-20 accomplished. 9-21 SECTION 11. AD VALOREM TAXES. The District shall have 9-22 authority to conduct elections and levy, assess and collect ad 9-23 valorem taxes in the manner and for the purposes authorized by 9-24 Sections 49.106, 49.107 and 49.108(a) - (d), Water Code as amended 9-25 and need to obtain no approval other than those specified in 9-26 Section 1 of Chapter 778, Acts of the 74th Legislature, Regular 10-1 Session, 1995. 10-2 SECTION 12. EFFECTIVE DATE. This Act takes effect 10-3 immediately if it receives a vote of two-thirds of all the members 10-4 elected to each house, as provided by Section 39, Article III, 10-5 Texas Constitution. If this Act does not receive the vote necessary 10-6 for immediate effect, this Act takes effect August 28, 2001. 10-7 SECTION 13. EMERGENCY. The importance of this legislation 10-8 and the crowded condition of the calendars in both houses create an 10-9 emergency and an imperative public necessity that the 10-10 constitutional rule requiring bills to be read on three several 10-11 days in each house be suspended and this rule is hereby suspended.