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By: Armbrister S.B. No. 24
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of Ranch at Clear Fork Creek Municipal
Utility District No. 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CREATION.
(a) A conservation and reclamation district, to be known as
Ranch at Clear Fork Creek Municipal Utility District No. 1, is
created in Caldwell County, Texas, subject to voter approval at a
confirmation election as provided in Section 9 of this Act. The
district is a governmental agency and a body politic and corporate.
(b) The district is created under and is essential to
accomplish the purposes of Article XVI, Section 59, of the Texas
Constitution.
SECTION 2. DEFINITION. In this Act, "district" means Ranch
at Clear Fork Creek Municipal Utility District No. 1..
SECTION 3. BOUNDARIES. The district includes the territory
contained within the following area:
BEGINNING, at an iron rod set in the south right-of-way
line of State Highway No. 21 at the northwest corner of said Pape
tract, being also the northeast corner of that certain tract of land
described in a deed to Jack Turner, recorded in Volume 448, Page 310
of the Deed Records of Caldwell County, Texas, for the northwest
corner and POINT OF BEGINNING of the herein described 405.39 acre
tract of land, from which point a concrete monument found in the
south right-of-way line of said State Highway No. 21 bears,
S60°16'12"W, a distance of 3077.82 feet,
THENCE, continuing with the south right-of-way line of
said State Highway No. 21, being also the north line of said Pape
tract, the following three (3) courses and distances, numbered 1
through 3,
1. N60°16'12"E, a distance of 1340.33 feet to an
iron rod set,
2. N65°14'11"E, a distance of 556.14 feet to an
iron rod found, and
3. continuing with the south right-of-way line of
County Road No. 227, being also the north line of said Pape tract,
N65°44'19"E, a distance of 3736.36 feet to an iron rod found at the
northeast corner of said Pape tract, being also at the intersection
of the south right-of-way line of said County Road No. 227 and the
west right-of-way line of F.M. Highway No. 2720, for the northeast
corner of the herein described tract,
THENCE, with the east line of said Pape tract, being
also the west right-of-way line of said F.M. Highway No. 2720,
S42°12'40"E, a distance of 1758.47 feet to an iron rod found at the
most easterly southeast corner of said Pape tract, being also the
northeast corner of that certain tract of land described in a deed
to Leeona Jo Schaeffer and Clifton N. Schaeffer, recorded in Volume
128, Page 294 of the Deed Records of Caldwell County, Texas, for the
most easterly southeast corner of the herein described tract,
THENCE, departing the west right-of-way line of said
F.M. Highway No. 2720, with the south line of said Pape tract, being
also the north line of said Schaeffer tract, S47°34'13"W, a distance
of 2482.31 feet to an iron rod set at the northwest corner of said
Schaeffer tract, being also an interior corner of said Pape tract,
THENCE, with an east line of said Pape tract, being also
the west line of said Schaeffer tract, S42°18'42"E, a distance of
619.67 feet to an iron rod found at the most southerly southeast
corner of said Pape tract, being also the northeast corner of that
certain tract of land described in a deed to Roland Holz, recorded
in Volume 88, Page 318 of the Deed Records of Caldwell County,
Texas,
THENCE, continuing with the south line of said Pape
tract, being also the north line of said Holz tract, S47°37'18"W, a
distance of 706.95 feet to an iron rod found at the northwest corner
of said Holz tract, being also the northeast corner of that certain
tract of land described in a deed to Florence M. Holz Vickery,
recorded in Volume 88, Page 318 of the Deed Records of Caldwell
County, Texas,
THENCE, continuing with the south line of said Pape
tract, being also the north line of said Vickery tract, S47°31'05"W,
a distance of 701.12 feet to an iron rod found at the northwest
corner of said Vickery tract, being also the northeast corner of
that certain tract of land described in a deed to William Walter
Holz, recorded in Volume 378, Page 47 of the Deed Records of
Caldwell County, Texas,
THENCE, continuing with the south line of said Pape
tract, S47°35'46"W, a distance of 2332.36 feet to an iron rod found
at the northwest corner of that certain tract of land described in a
deed to Helen Sue Carter, recorded in Volume 117, Page 72 of the
Deed Records of Caldwell County, Texas, being also the northeast
corner of that certain tract of land described in a deed to Wilbur
Burklund, recorded in Volume 340, Page 209 of the Deed Records of
Caldwell County, Texas,
THENCE, continuing with the south line of said Pape
tract, being also the north line of said Burklund tract,
S47°47'30"W, a distance of 81.93 feet to an iron rod set at the
southwest corner of said Pape tract, being also the southeast
corner of that certain tract of land described in a deed to Jim
Mattox, Trustee, recorded in Volume 197, Page 926 of the Deed
Records of Caldwell County, Texas, for the southwest corner of the
herein described tract,
THENCE, with the west line of said Pape tract, being
also the east line of said Mattox tract, N29°28'35"W, a distance of
1953.89 feet to an iron rod found at the northeast corner of said
Mattox tract, being also the southeast corner of that certain tract
of land described in a deed to Jack Turner, recorded in Volume 448,
Page 310 of the Deed Records of Caldwell County, Texas,
THENCE, continuing with the west line of said Pape
tract, being also the east line of said Turner tract, the following
two (2) courses and distances, numbered 1 and 2,
1. N19°23'14"W, a distance of 680.16 feet to an
iron rod found, and
2. N33°54'43"W, a distance of 1491.63 feet to the
POINT OF BEGINNING and containing 405.39 Acres of Land.
SECTION 4. FINDINGS RELATING TO BOUNDARIES. The
legislature finds that the boundaries and field notes of the
district form one or more closures. A mistake in the field notes or
in copying the field notes in the legislative process does not
affect the organization, existence, or validity of the district,
the right of the district to levy and collect taxes, or the legality
or operation of the district or its governing body.
SECTION 5. FINDING OF BENEFIT. All of the land and other
property included within the boundaries of the district will be
benefitted by the works and projects that are to be accomplished by
the district under the powers conferred by Article XVI, Section 59,
of the Texas Constitution. The district is created to serve a
public use and benefit.
SECTION 6. POWERS.
(a) The district has all of the rights, powers, privileges,
authority, functions, and duties provided by the general law of
this state, including Chapters 49 and 54, Water Code, applicable to
municipal utility districts created under Article XVI, Section 59,
of the Texas Constitution.
(b) Subject to approval by the City of Uhland, the district
has the power and authority to divide into two or more contiguous
districts following the procedure set forth in Sections 51.749
through 51.758, Water Code, without any further approval or
consent.
(c) The rights, powers, privileges, authority, functions,
and duties of the district are subject to the continuing right of
supervision of the state to be exercised by and through the Texas
Commission on Environmental Quality.
(d) The district created under this Act is wholly located
within the area of extra-territorial jurisdiction of the City of
Uhland and is subject to the requirements of municipal ordinances
applicable to extra-territorial areas, unless the municipality's
governing body waives compliance.
(e) This Act prevails over any provision of general law that
is in conflict or inconsistent with this Act.
SECTION 7. BOARD OF DIRECTORS.
(a) The district is governed by a board of five directors.
(b) Temporary directors serve until initial permanent
directors are elected under Section 9 of this Act.
(c) Initial permanent directors serve until permanent
directors are elected under Section 10 of this Act.
(d) Permanent directors other than initial permanent
directors serve staggered four-year terms.
(e) Each director must qualify to serve as director in the
manner provided by Section 49.055, Water Code.
(f) A director serves until the director's successor has
qualified.
SECTION 8. TEMPORARY DIRECTORS.
(a) The temporary board of directors is composed of:
(1) Barry Krieger;
(2) Tim Hendon
(3) Shelly Ledyard;
(4) Michael Matz; and
(5) Danny Smith.
(b) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than three
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of persons
to fill all vacancies on the board.
SECTION 9. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
The temporary board of directors shall call and hold an election to
confirm establishment of the district and to elect five initial
directors as provided by Chapter 49, Water Code.
SECTION 10. ELECTION OF DIRECTORS. On the first Saturday in
May of the first even-numbered year occurring at least three years
after the year in which the confirmation election is held, an
election shall be held in the district for the election of two
directors who shall each serve two-year terms and three directors
who shall each serve four-year terms. Thereafter, on the same date
in each subsequent even-numbered year, the appropriate number of
directors shall be elected to the board.
SECTION 11. DEVELOPMENT AGREEMENT. The district, and/or
the owners of land within the district, may enter into written
contracts with any municipality within whose extraterritorial
jurisdiction the district is located, in whole or in part:
(a) to guarantee the continuation of the extraterritorial
status of the district and its immunity from annexation by the
municipality for a period not to exceed 25 years;
(b) regulating the development within the boundaries of the
district in a manner that the parties agree will further the health,
safety and welfare of the residents of the district;
(c) containing other terms and consideration that the
district and the municipality agree to be reasonable and
appropriate; and
(d) which may be renewed or extended for successive periods
of time not to exceed 15 years.
A municipality may contract with the district, and/or the
owners of the land within the district, to accomplish the purposes
set forth.
SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
(a) The proper and legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished by
the constitution and other laws of this state, including the
governor, who has submitted the notice and Act to the Texas
Commission on Environmental Quality.
(b) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(c) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 13. EFFECTIVE DATE. 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.