By: Hilderbran (Senate Sponsor - Fraser) H.B. No. 1756
(In the Senate - Received from the House May 24, 2003;
May 24, 2003, read first time and referred to Committee on Natural
Resources; May 26, 2003, reported favorably by the following vote:
Yeas 7, Nays 0; May 26, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the name, administration, operations, powers, and
duties of the Menard County Water Control and Improvement District
No. 1 and the Menard County Underground Water District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 1 and 1A, Chapter 31, Acts of the 55th
Legislature, 1st Called Session, 1957 (Article 7880-147z6,
Vernon's Texas Civil Statutes), are amended to read as follows:
Sec. 1. The Menard County Water Conservation [Control] and
Improvement District [No. 1], hereinafter called "District,"
situated in Menard County, Texas, organized, established and
created pursuant to the provisions of Article XVI, Section 59, of
the Constitution of Texas and of Chapter 3a of Title 128, Vernon's
Annotated Civil Statutes of Texas, together with all amendments
thereto is, in all things, hereby validated, ratified, and
confirmed; provided, however, that nothing herein shall prevent the
annexation of additional territory to said District in the manner
now provided by general law. Said District is described by metes and
bounds as follows:
Beginning at the Southwest corner of Menard County, the
Northwest corner of Kimble County, the Northeast corner of Sutton
County, and the Southeast corner of Schleicher County near the
central part of the South one-fourth of M. L. Garcia Survey 10, TWNG
R. R. Co. Block 16, Abstract 176, Menard County, Texas, for the
Southwest corner of this district;
THENCE North with the West line of Menard County about 23
miles crossing said Survey 10; also A. 0. Striegler Survey West Half
of Survey 129; Ellen M. Hugh Survey 2; GH&SA Ry. Co. Survey 51,
Block A; Thomas Ball Surveys 48 and 24; GH&SA Ry. Co. Survey 21,
Block A, to Southwest corner of L. L. Ball Survey 12;
THENCE continuing North with the West line of Menard County
and along West line of said L. L. Ball Survey 12; West line of
Theodore H. Kleinmetz Survey 292 to South Bank of San Saba River;
THENCE continuing North with the West line of Menard County
crossing said river, and crossing John H. Burkhard Survey 1496; G.
W. Hankamer Survey 1651; John Gibson Survey 9; C. E. Treadwell
Survey 62; A. B. & M. Survey 13; EL & RR R. R. Co. Survey 69; W. W.
Treadwell Survey 24; Michael Johannes Surveys 1633 and 1634; Jos.
T. Callan Survey 78; Clemens Hartmann Survey 1637; Johann F.
Wilhelm Survey 311; TWNG R. R. Co. Survey 3; John Kennedy Surveys 18
and 8 to stake in North line of GH & SA R. R. Co. Survey 13 and South
line of Ralph Tisdale Survey 6 about 86 varas East of Northwest
corner of said Survey 13 for the most western Northwest corner of
this District;
THENCE East one mile with the South line of said Survey 6 to
its Southeast corner and Southwest corner and Southwest corner BS&F
Survey 5;
THENCE North one mile to Northwest corner said Survey 5 in
South line J. S. Tisdale Survey 134;
THENCE East about 1/12th mile to Southeast corner of said
Survey 134;
THENCE North about 5/8ths mile to Northeast corner said
Survey 134 and Southwest corner of J. S. Tisdale Survey 128;
THENCE East one mile to Southeast corner said Survey 128;
THENCE North about 59/64ths mile to North line of Menard
County for the most northern Northwest corner of this district;
THENCE East about 6 miles with North line of Menard County,
crossing EL&RR R. C. Co. Survey 127, Pink Easley Survey West Half of
20, J. Hughes Survey East Half of 20, Fred Speck Survey 7, N.
Gwatney Surveys 11 and 10, Fred Speck Survey 6, Thomas Green Surveys
5, 4 and 3 to stake in East line of said Survey 3;
THENCE South about 5/8ths mile to Southeast corner of said
Survey 3 in North line of H&OB R. R. Co. Survey 69;
THENCE East about 3/16ths mile passing Northeast corner said
Survey 69 to an inner Southwest corner of Thomas Green Survey 2;
THENCE South about 5/16ths mile with West line said Survey 2,
to its Southwest corner;
THENCE East about one mile with South line Thomas Green
Surveys 2 and 1, and North line Owen Baker Survey 112 to its
Northeast corner;
THENCE South one mile to Southeast corner said Survey 112 and
Southwest corner Hooper and Wade Survey 111 in North line W. C. Huey
Survey 62;
THENCE East one mile with said Survey 62 to its Northeast
corner;
THENCE South one mile to its Southeast corner and Southwest
corner H. & W. Survey 101;
THENCE East one mile with South line said Survey 101 to its
Southeast corner;
THENCE North one mile with East line said Survey 101 and West
line P. C. Baird Survey 102 to its Northwest corner;
THENCE East 2 miles with North line said Survey 102 and North
line of H. & W. Survey 103 to its Northeast corner;
THENCE South one mile with East line said Survey 103 to its
Southeast corner and Southwest corner of A. B. & M. Survey 9;
THENCE East 2 miles along South line said Survey 9 and A. B. &
M. Survey 7 to its southeast corner, the Northeast corner of A. B. &
M. Survey 5;
THENCE South about 1/16th mile to stake in East line said
Survey 5;
THENCE East at 1/8th mile to Southwest corner A. B. & M.
Survey 37, Northwest corner A. B. & M. Survey 25;
THENCE East 4 miles with North line A. B. & M. Survey 25,
William J. Smith Survey 28, R. J. Godfrey Survey 30, and A. B. & M.
Survey 29 to its Northeast corner and Southeast corner of John B.
Callan Survey 32;
THENCE North 15/16ths mile to stake in East line said Survey
32;
THENCE East 1/8th mile to the Northwest corner of BS&F Survey
17;
THENCE East 2 miles with North line said Survey 17 and North
line BS&F Survey 15 to its Northeast corner;
THENCE South 2 miles with East line said Survey 15 and East
line of R. J. Godfrey Survey 14 to its Southeast corner and
Southwest corner BS&F Survey 11;
THENCE East 3 miles with South lines of said Survey 11 and R.
R. Russell Survey 10 and BS&F Survey 5 to its Southeast corner and
Northeast corner BS&F Survey 1;
THENCE South one mile to Southeast corner said Survey 1 and
Northwest corner V. Sippel Survey 40;
THENCE East about 5 and 15/16ths miles with the North line of
said Survey 5 and the North line of BS&F Survey 3, H. Heynemann
Survey 89, S. C. Pittman Survey 2 1/2, Ernest Raven Survey 91, C.
Von Carlowitz Survey 741 to the East line of Menard County, the West
line of McCulloch County for the middle Northeast corner of this
district;
THENCE South with the East line of Menard County and West line
of McCulloch County about 4 and 10/16ths miles crossing C. Von
Carlowitz Survey 741, heirs of Adam Bicking Survey 92, heirs of
Johann Bicking Survey 93, J. F. Wilhelm Survey 102; Adolph Schultze
Survey 99 and Daniel Holloway Survey 1 to the Southwest corner of
McCulloch County located in said Daniel Holloway Survey 1 about
1200 varas South of its North line, and about 250 varas West of its
East line for inner corner of this district;
THENCE East about 7 mile with the South line of McCulloch
County and a North line of Menard County crossing the East part of
Daniel Holloway Survey 1, North part of George Junke Survey 126;
H&TC Ry. Co. Survey 25, North part of Wolfgang Fochs Survey 145,
IRRR Co. Survey 27, North part of John Berring Surveys 158 and 159,
North part J. C. Harper Survey 72, North part Johann Mechels Surveys
244 and 245 to the most southern Northeast corner of Menard County,
and the most southern Northeast corner of this district and the
Northwest corner of Mason County;
THENCE South about 8 miles with the East line of Menard
County, and the West line of Mason County, crossing said Johann
Mechels Survey 245, J. B. Kerr Survey 46, Louis Brumme Survey 250,
San Saba River, F. Doebbler Surveys 72 and 13, H & G N R. R. Co.
Survey 939, Heinrich Frosch Survey 456, J. C. Harper Survey 70,
HE&WT R. R. Co. Survey 123 to North line Fisher and Miller Survey 31
for the most northern Southeast corner of this district;
THENCE West about one and 5/8ths miles with the North line of
said F. & M. Survey 31, W. Steinberg Survey 93, G. Weidemann Survey
70 to its Northwest corner;
THENCE South one mile to Northeast corner Heinrich Langkopf
Survey 123;
THENCE West 6 miles with the North line of H. Langkopf Surveys
123 and 124, Eugene Ohlenburgers Surveys 2 and 20, Seth Mabry Survey
8, TT R. R. Co. Survey 7, C. C. French Survey 29 to its Northwest
corner and Northeast corner G. W. Littlefield Survey 14;
THENCE South one mile to Southeast corner said Survey 14 and
Northeast corner E. Ohlenburger Survey 24;
THENCE West one mile with North line of said Survey 24 to its
Northwest corner;
THENCE South one mile with West line of said Survey 24 to its
Southwest corner and the Northeast corner of T&NO R. R. Co. Survey
9;
THENCE West one mile to Northeast corner W. Grams Survey 217;
THENCE South one mile with the East line of W. Grams Survey
217 to its southeast corner and North east corner F. L. Banowsky
Survey 10;
THENCE West approximately two miles to Northwest corner of M.
Pofskey Survey 220;
THENCE South 1/8th mile to Northeast corner of Nancy Pierson
Survey 104;
THENCE West 3/8ths mile to Northwest corner of said Survey
104 in East line of J. H. Gibson Survey 81;
THENCE North 1/4th mile to Northeast corner said Survey 81
and South line E. Carlin Survey 43;
THENCE West one and 1/4th mile to Southwest corner A. Verite
Survey 44, Northwest corner E. Carlin Survey 45;
THENCE South one mile to Northeast corner J. J. Moore Survey
48;
THENCE West 2 miles to Northwest corner E. Carlin Survey 61,
Northeast corner R. B. Hubbard Survey 62;
THENCE South one mile to Southeast corners said Survey 62,
the Northeast corner of V. 0. Lane Survey 60;
THENCE West 3 and 1/4th miles along North line of said Survey
60, E. Carlin Survey 69, S. L. Steen Survey 70, crossing S. P.
Merchant Survey 6, to Northwest corner S. L. Steen Survey 10;
THENCE South one mile to Northeast corner J. H. Gibson Survey
17;
THENCE West one mile to Northwest corner said Survey 17 in
East line T. M. Schrier Survey 26;
THENCE South 3/8ths mile to Southeast corner said Survey 26;
THENCE West at about 3/8ths mile the Northeast corner B&B
Survey 9, at one and 1/8th miles a stake in North line of B&B Survey
9 due South of Southeast corner N. H. Corder Survey 166;
THENCE North about 3/8ths mile to Southeast corner said
Survey 166;
THENCE West 2 and 3/8ths miles with South lines of said Survey
166, GC&SF Ry. Co. Survey 165 and S. Zettlemeyer Survey 14 to a
stake due North of Northeast corner of Mrs. Mary Toliver Survey 133;
THENCE South 1/8th mile to Northeast corner said Survey 133;
THENCE West about 6 and 15/16ths miles with North lines of
said Survey 133, T. 0. Howell Survey 8, S. Zettlemeyer Survey 8, T.
0. Howell Survey 54, BS&F Survey 53, J. T. Cox Survey 56, TWNG R. R.
Co. Survey 11, and J. T. Cox Survey 2 to Northeast corner TWNG R. R.
Co. Survey 3;
THENCE South about 6/8ths mile to South line of Menard County
in South part of said Survey 3;
THENCE West about 7 and 1/2 miles crossing TWNG R. R. Co.
Survey 3, J. W. Murr Survey 4, TWNG R. R. Co. Survey 5, J. W. Murr
Survey 6, TWNG R. R. Co. Survey 7, M. L. Garcia Survey 8, TWNG R. R.
Co. Survey 9 and M. L. Garcia Survey 10 to Southwest corner of
Menard County, the place of beginning.
Sec. 1A. The District is governed by a board of five
directors [composed of the persons who serve as directors of the
Menard County Underground Water District]. A [Each] director of
[the Menard County Underground Water District serves on the board
of directors of] the Menard County Water Conservation [Control] and
Improvement District may also serve on the board of directors of the
Menard County Underground Water District, and doing so does not
violate the common-law doctrine of incompatibility [No. 1 as an
additional duty of his office as director of the underground water
district]. A director is not entitled to compensation for service
on either [the] board of directors but may be reimbursed as provided
by board rules for expenses incurred in carrying out the business of
the districts [District].
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
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