By: Armbrister S.B. No. 24
(In the Senate - Filed April 15, 2003; April 16, 2003, read
first time and referred to Committee on Natural Resources;
May 2, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 10, Nays 0; May 2, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 24 By: Armbrister
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of the Ranch at Clear Fork Creek Municipal
Utility District No. 1; granting the authority to impose taxes and
issue bonds; granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
district.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "District" means the Ranch at Clear Fork Creek
Municipal Utility District No. 1.
SECTION 2. CREATION. (a) A conservation and reclamation
district to be known as the Ranch at Clear Fork Creek Municipal
Utility District No. 1 is created in Caldwell County, subject to
approval by the City of Uhland, as provided by Section 7(b) of this
Act, and to approval at a confirmation election under Section 12 of
this Act.
(b) The district is a governmental agency and a political
subdivision of this state.
SECTION 3. AUTHORITY FOR CREATION. The district is created
under and is essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution.
SECTION 4. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) All of the land and other property included within the
boundaries of the district will be benefited by the works and
projects that are to be accomplished by the district under powers
conferred by Section 59, Article XVI, Texas Constitution.
SECTION 5. 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 the 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 6. FINDINGS RELATIVE TO BOUNDARIES. The
legislature finds that the boundaries and field notes of the
district form one or more closures. If a mistake is made in the
field notes or in copying the field notes in the legislative
process, the mistake does not affect in any way:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes; or
(3) the legality or operation of the district or the
board.
SECTION 7. 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
Section 59, Article XVI, Texas Constitution.
(b) The district is wholly located in the extraterritorial
jurisdiction of the City of Uhland and is subject to the
requirements of municipal ordinances of the City of Uhland
applicable to extraterritorial areas, unless the municipality's
governing body waives compliance. Creation of the district is
subject to approval of the City of Uhland, as provided by Section
42.042, Local Government Code, and Section 54.016, Water Code.
(c) Subject to the approval of the governing body of the
City of Uhland, the district may divide into two or more contiguous
districts as provided by Sections 51.749-51.758, Water Code,
without any further approval or consent.
(d) 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
commission.
SECTION 8. DEVELOPMENT AGREEMENT. (a) The district or the
owners of land within the district may enter into a written contract
with a municipality within whose extraterritorial jurisdiction the
district is wholly or partly located:
(1) guaranteeing 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;
(2) 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; and
(3) containing other terms and consideration that the
district and the municipality agree to be reasonable and
appropriate.
(b) A contract under this section may be renewed or extended
for successive periods not to exceed 15 years.
SECTION 9. APPLICABILITY OF OTHER LAW. This Act prevails
over any provision of general law that is in conflict or
inconsistent with this Act.
SECTION 10. BOARD OF DIRECTORS. (a) The district is
governed by a board of five directors.
(b) Temporary directors serve until initial directors are
elected under Section 12 of this Act.
(c) Initial directors serve until the election of permanent
directors under Section 13 of this Act.
(d) Except as provided by Section 13(a) of this Act,
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.
SECTION 11. TEMPORARY DIRECTORS. (a) The temporary board
consists 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 commission shall appoint the
necessary number of persons to fill all vacancies on the board.
SECTION 12. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
(a) Not later than the fourth anniversary of the effective date of
this Act, the temporary board shall hold an election to confirm
establishment of the district and to elect five initial directors
as provided by Section 49.102, Water Code.
(b) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors election held under this
section.
SECTION 13. ELECTION OF PERMANENT DIRECTORS. (a) On the
first Saturday in May of an even-numbered year occurring not later
than three years after the year in which the district is authorized
to be created at a confirmation election, an election shall be held
in the district to elect five permanent directors. The directors
elected shall draw lots to determine which two directors shall
serve two-year terms and which three shall serve four-year terms.
(b) On the first Saturday in May of each subsequent
even-numbered year, the appropriate number of directors shall be
elected.
SECTION 14. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(a) The 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 under Section 59, Article XVI,
Texas Constitution, and Chapter 313, Government Code.
(b) The governor has submitted the notice and Act to the
commission.
(c) The commission has filed its recommendations relating
to this Act with the governor, lieutenant governor, and speaker of
the house of representatives within the required time.
(d) 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 15. 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.
* * * * *