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By: Estes S.B. No. 1849
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
functions, operations, and financing of the Stephens Regional
Special Utility District; granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7205 to read as follows:
CHAPTER 7205. STEPHENS REGIONAL SPECIAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7205.001. DEFINITION. In this chapter, "district"
means the Stephens Regional Special Utility District.
Sec. 7205.002. NATURE OF DISTRICT. The district is a
special utility district in Stephens, Eastland, Palo Pinto,
Shackelford, and Throckmorton Counties created under and essential
to accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
Sec. 7205.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation and
initial directors' election held before September 1, 2007:
(1) the district is dissolved on September 1, 2007,
except that:
(A) any debts of the district incurred shall be
paid;
(B) any assets of the district that remain after
the payment of debts shall be transferred to Stephens, Eastland,
Palo Pinto, Shackelford, or Throckmorton County as appropriate; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2010.
Sec. 7205.004. APPLICABILITY OF OTHER SPECIAL UTILITY
DISTRICT LAW. Except as otherwise provided by this chapter,
Chapters 49 and 65, Water Code, apply to the district.
Sec. 7205.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to issue any type of
bond, including a refunding bond, for a purpose for which the
district is created or to pay the principal of and interest on a
bond; or
(3) the legality or operation of the district or the
board of directors of the district.
[Sections 7205.006-7205.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 7205.021. TEMPORARY DIRECTORS. (a) The temporary
board of directors of the district is composed of:
(1) Gary Brockman;
(2) Roger Broyles;
(3) Kelley Grissom;
(4) Cotton Kinnard;
(5) Donnie Lockhart;
(6) Monroe Pugh; and
(7) Danny Stephens.
(b) Each temporary director shall qualify for office as
provided by Section 49.055, Water Code.
(c) 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 four
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of
directors to fill all vacancies on the board.
(d) Temporary directors serve until initial directors are
elected under Section 7205.022.
Sec. 7205.022. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a) The temporary directors shall hold an election to
confirm the creation of the district and to elect seven initial
directors in accordance with Chapters 49 and 65, Water Code, on or
before September 1, 2007.
(b) The temporary board of directors shall determine the
method for determining the initial term of each person on the
initial board of directors. The terms must be clearly stated on the
ballot for the confirmation and directors' election.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation election held as provided by this section.
(d) Initial directors serve until the first regularly
scheduled election of directors under Subchapter C, Chapter 65,
Water Code.
Sec. 7205.023. TRANSFER OF ASSETS; DISSOLUTION. (a) If
the district's creation is confirmed under Section 7205.022, the
Stephens County Rural Water Supply Corporation shall transfer the
assets, debts, and contractual rights and obligations of the
corporation to the district.
(b) Not later than the 30th day after the date of the
transfer under Subsection (a), the board of directors of the
Stephens County Rural Water Supply Corporation shall commence
dissolution proceedings of the corporation.
(c) On dissolution of the Stephens County Rural Water Supply
Corporation, Certificate of Convenience and Necessity No. 11456 is
considered to be held by the district.
(d) The board of directors of the Stephens County Rural
Water Supply Corporation shall notify the Texas Commission on
Environmental Quality of the dissolution of the corporation and of
the transfer of Certificate of Convenience and Necessity No. 11456
to the district.
(e) On receipt of notice under Subsection (d), the Texas
Commission on Environmental Quality shall note in its records that
Certificate of Convenience and Necessity No. 11456 is held by the
district and shall reissue the certificate in the name of the
district without further application or notice.
Sec. 7205.024. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 7205.025-7205.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7205.051. DIRECTORS. The district is governed by a
board of not fewer than five and not more than 11 directors.
[Sections 7205.052-7205.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7205.101. GENERAL POWERS. 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
65, Water Code, applicable to special utility districts created
under Section 59, Article XVI, Texas Constitution.
Sec. 7205.102. WATER SERVICE IMPACT FEE. (a) The district
may charge a water service impact fee that is equal to the equity
buy-in fee charged by the Stephens County Rural Water Supply
Corporation on January 31, 2005, under that corporation's tariff.
(b) Chapter 395, Local Government Code, does not apply to
the initial water service impact fee set under this section.
(c) The district may increase the water service impact fee
only as provided by Chapter 395, Local Government Code, or as
approved by the Texas Commission on Environmental Quality.
Sec. 7205.103. EMINENT DOMAIN. (a) Except as provided by
Subsection (b), the district has all the authority under Chapters
49 and 65, Water Code, of a special utility district to acquire by
condemnation any land, easement, or other property located inside
or outside the boundaries of the district for any district project
or purpose.
(b) The district may not exercise the power of eminent
domain to condemn, for sanitary sewer purposes, land, easements, or
other property located outside the boundaries of the district.
SECTION 2. The Stephens Regional Special Utility District
initially includes all the territory contained in the following
area:
BEING that portion of Stephens, Shackelford, Throckmorton, Palo
Pinto, and Eastland Counties, Texas, which has a boundary more
particularly described as follows:
BEGINNING at the northwest corner of said Stephens County,
same being the northeast corner of said Shackelford County and said
point being on the South line of said Throckmorton County;
Thence in an easterly direction approximately 8,310 feet
along the common boundary line of said Stephens and Throckmorton
Counties to a point;
Thence north, cross-country, at approximately 9,575 feet
past the centerline of County Road 383, continuing a total distance
of 16,450 feet to a point 500 feet at right angles and in a southerly
direction from the centerline of Farm to Market Road 209;
Thence in an easterly direction parallel and 500 feet in a
southerly direction from said centerline of Farm to Market Road 209
approximately 920 feet to a point;
Thence in a northerly direction perpendicular to said
centerline of Farm to Market Road 209, at 500 feet past said
centerline of Farm to Market Road 209, continuing a total distance
of 1000 feet to a point 500 feet at right angles and in a northerly
direction from said centerline of Farm to Market Road 209;
Thence in a westerly direction parallel and 500 feet in a
northerly direction from said centerline of Farm to Market Road 209
approximately 3,470 feet to a point;
Thence north, cross-country, at approximately 6,940 feet
past the centerline of Lake Road, continuing a total distance of
approximately 11,960 feet to the centerline of U.S. Highway 183;
Thence in a northwesterly direction along said centerline of
U.S. Highway 183 approximately 5,870 feet to a point;
Thence east, cross-country, at approximately 11,220 feet
past the centerline of Farm to Market Road 1710, continuing a total
distance of approximately 20,460 feet to a point;
Thence south approximately 11,370 feet cross-country to the
centerline of Farm to Market Road 209;
Thence in an easterly direction along said centerline of Farm
to Market Road 209 approximately 13,300 feet to the centerline of
County Road 395;
Thence in a southerly direction along said centerline of
County Road 395 approximately 7,700 feet to the centerline of
County Road 396;
Thence south approximately 13,240 feet cross-country to said
Stephens/Throckmorton County line;
Thence in an easterly direction along said
Stephens/Throckmorton County line, at approximately 9,890 feet
past a point being the intersection of the southeast corner of said
Throckmorton County and southwest corner of Young County,
continuing a total distance of approximately 12,500 feet to a
point;
Thence south approximately 860 feet cross-country to the
centerline of the Brazos River;
Thence in a southeasterly then easterly direction along said
centerline of the Brazos River approximately 12,400 feet to a
point;
Thence east, cross-country, at approximately 5,150 feet past
the centerline of Farm to Market Road 578, continuing a total
distance of approximately 5,775 feet to a point 625 feet at right
angles and in an easterly direction from said centerline;
Thence in a northerly direction parallel and 625 feet in an
easterly direction from said centerline of Farm to Market Road 578
approximately 6,450 to the common boundary line of said Stephens
and Young Counties;
Thence in an easterly direction approximately 20,850 feet
along said Stephens/Young County line to the centerline of County
Road 283;
Thence south approximately 4,050 feet cross-country to the
centerline of a Brazos River Tributary;
Thence in an easterly direction along said centerline of the
Brazos River Tributary approximately 2,375 feet to the centerline
of the Brazos River;
Thence in an easterly direction along said centerline of the
Brazos River approximately 22,900 feet to a point;
Thence south 78 degrees 1 minute east approximately 750 feet
cross-country to the centerline of Farm to Market Road 701;
Thence south 24 degrees 51 minutes east cross-country, at
approximately 20,150 feet past the centerline of County Road 169,
continuing a total distance of approximately 21,280 feet to a point
being 1050 feet at right angles and in a southerly direction from
said centerline of County Road 169;
Thence in an easterly direction approximately 2,400 feet
parallel and 1,050 feet in a southerly direction from said
centerline of County Road 169 to a point;
Thence north 25 degrees 48 minutes east, cross-country, at
approximately 1,150 feet past the centerline of County Road 168,
continuing a total distance of approximately 25,850 feet to a point
on said Stephens/Young County line;
Thence in an easterly direction approximately 34,070 feet
along said Stephens/Young County line to a point 1000 feet at right
angles and in a westerly direction from the centerline of Farm to
Market Road 1287;
Thence south, cross-country, at approximately 5,620 feet
past the centerline of County Road 165, continuing a total distance
of 19,630 feet to a point;
Thence west approximately 8,990 feet cross-country to a
point;
Thence south approximately 670 feet cross-country to a point;
Thence west approximately 930 feet cross-country to a point;
Thence south 59 degrees 54 minutes west approximately 2,090
feet cross-country to a point;
Thence south 9 degrees 13 minutes east, cross country, at
approximately 600 feet past the centerline of Farm to Market Road
1148, continuing a total distance of approximately 1680 feet to the
centerline of Veale Creek;
Thence south 18 degrees 34 minutes east approximately 8,670
feet cross-country to a point;
Thence east approximately 12,900 to a point along the common
boundary line of said Stephens and Palo Pinto Counties;
Thence in a southerly direction along said Stephens/Palo
Pinto County line, at approximately 5,380 feet past the centerline
of Park Road 33, continuing a total distance of 42,940 feet to the
centerline of Little Caddo Creek;
Thence north 76 degrees 37 minutes east approximately 8,180
feet cross country to a point;
Thence south 13 degrees 48 minutes east, cross-country, at
approximately V 5,240 feet past the centerline of U.S. Highway 180,
continuing a total distance of 8,050 feet to a point;
Thence south 74 degrees 33 minutes west approximately 10,140
feet cross-country to said Stephens/Palo Pinto County line;
Thence in a southerly direction along said Stephens/Palo
Pinto County line, at approximately 27,270 feet past the centerline
of County Road 104, continuing a total distance of approximately
27,470 to a point 200 feet at right angles in a southerly direction
from said centerline of County Road 104;
Thence in a westerly then northwesterly direction parallel
and 200 feet in a southerly direction from the centerline of said
County Road 104 approximately 6,100 feet to a point;
Thence south 84 degrees 4 minutes west, cross-country, at
approximately 10,500 feet past the centerline of County Road 105,
at approximately 26,275 feet past the centerline of Farm to Market
Road 717, and continuing a total distance of approximately 32,275
feet to a point 200 feet at right angles in an easterly direction
from the centerline of County Road 129;
Thence in a southerly direction parallel and 200 feet in an
easterly direction from said centerline of said County Road 129, at
approximately 4,230 feet past the centerline of County Road 132,
continuing a total distance of approximately 4,430 feet to a point
200 feet at right angles and in an southerly direction from said
centerline of County Road 132;
Thence in a westerly direction parallel and 200 feet in a
southerly direction from said centerline of County Road 132, at
approximately 200 feet past said centerline of County Road 129,
continuing a total distance of approximately 5,250 feet to a point
200 feet at right angles in an easterly direction from a north/south
portion of the centerline of County Road 132;
Thence in a southerly direction parallel and 200 feet in an
easterly direction from said north/south portion of the centerline
of County Road 132 approximately 2,570 feet to a point;
Thence in a westerly direction parallel and 200 feet in a
southerly direction from an east/west portion of said centerline of
County Road 132 approximately 2,700 feet to a point being 200 feet
at right angles in an easterly direction from another north/south
portion of said centerline of County Road 132;
Thence in a southerly direction parallel and 200 feet in an
easterly direction from said centerline of County Road 132
approximately 1,310 feet to a point;
Thence in a westerly direction perpendicular to said
centerline of County Road 132 a distance of 200 feet to a point in
said centerline of County Road 132, said point being 300 feet at
right angles in a southerly direction from the easterly projection
of the centerline of County Road 140;
Thence in a westerly direction parallel and 300 feet in a
southerly direction from the centerline of County Road 140
approximately 1,320 feet to a point;
Thence south 37 degrees 52 minutes west approximately 5,650
feet cross-country to a point;
Thence south 6 degrees 11 minutes east approximately 4,630
feet cross-country to a point being 300 feet at right angles in a
northerly direction from the centerline of Farm to Market Road 207;
Thence in an easterly direction parallel and 200 feet in a
northerly direction from said centerline of Farm to Market Road 207
approximately 4,600 feet to a point;
Thence south 5 degrees 30 minutes east approximately 200 feet
to a point in the centerline of Farm to Market Road 207;
Thence south 3 degrees 41 minutes east approximately 1,480
feet cross-country to a point;
Thence north 83 degrees 23 minutes east approximately 1,030
feet cross-country to a point;
Thence south 1 degree 6 minutes west approximately 17,300
feet cross-country to a point being the midpoint of a curve in said
centerline of County Road 126;
Thence in a southerly direction approximately 1,450 feet
along said centerline of County Road 126 to a point;
Thence south 1 degree 17 minutes east approximately 3,600
feet cross-country to a point being 200 feet at right angles in an
easterly direction from the centerline of the curve of County Road
118;
Thence in a southerly direction parallel and 200 feet in an
easterly direction from said centerline of County Road 118
approximately 2,960 feet to a point;
Thence South, cross-country, at approximately 200 feet past
said centerline of County Road 118, continuing a total distance of
approximately 3,760 feet to a point in the common boundary line of
Stephens and Eastland Counties;
Thence in a westerly direction along said Stephens/Eastland
County line, at approximately 2,090 feet past the centerline of
County Road 119, at approximately 12,850 feet past the centerline
of County Road 125, at approximately 21,590 feet past the
centerline of Farm to Market Road 1852, continuing a total distance
of approximately 41,170 feet to a point being 200 feet at right
angles in an easterly direction from the centerline of County Road
331;
Thence in a southerly direction parallel and 200 feet in an
easterly direction from said centerline of County Road 331
approximately 8,650 feet to a point;
Thence west, cross-country, at approximately 200 feet past
said centerline of County Road 331, continuing a total distance of
approximately 32,400 feet to a point;
Thence north approximately 500 feet cross-country to a point;
Thence west, cross country, at approximately 4,300 feet past
the centerline of County Road 104, continuing a total distance of
approximately 4,500 feet to a point being 200 feet at right angles
in a westerly direction from said centerline of County Road 104;
Thence in a northerly direction parallel and 200 feet in a
westerly direction from said centerline of County Road 104
approximately 7,760 feet to said Stephens/Eastland County line;
Thence in a westerly direction approximately 19,200 feet
along said Stephens/Eastland County line to a point;
Thence north 1 degree 0 minutes west, cross-county, at
approximately 24,740 feet past the centerline of County Road 190,
at approximately 33,200 feet past the centerline of County Road
188, at approximately 43,570 feet past the centerline of County
Road 196, continuing a total distance of approximately 48,770 to a
point in the centerline of Farm to Market Road 576;
Thence in a westerly direction along said centerline of Farm
to Market Road 576, at approximately 6,250 feet past the centerline
of Farm to Market Road 1853, at approximately 18,720 feet past a
point on the common boundary line of said Stephens and Shackelford
Counties, continuing a total distance of 25,475 feet to a point in
the centerline of Farm to Market Road 601 at its intersection with
Farm to Market Road 576;
Thence in a northerly direction along said centerline of Farm
to Market Road 601, at approximately 10,700 feet past the
centerline of County Road 141, continuing a total distance of
approximately 12,500 feet to a point in the centerline of County
Road 103 at its intersection with said Farm To Market Road 601;
Thence in a northerly direction along said centerline of
County Road 103 approximately 15,000 feet to said
Stephens/Shackelford County line;
Thence in a northerly direction along said
Stephens/Shackelford County line approximately 300 feet to a point;
Thence in an easterly direction parallel and 300 feet in a
northerly direction from the centerline of said County Road 290, at
approximately 4,200 feet past the centerline of County Road 294,
continuing a total distance of approximately 22,200 feet to a
point;
Thence north 10 degrees 7 minutes east approximately 7,500
feet cross-country to a point along the normal pool elevation
contour line of 1183.0 feet of Hubbard Creek Reservoir;
Thence approximately 349,000 along said normal pool
elevation contour line of Hubbard Creek Reservoir to said
Stephens/Shackelford County line;
Thence in a northerly direction along said
Stephens/Shackelford County line, at approximately 7,350 feet past
the centerline of County Road 288, at approximately 28,970 feet
past the centerline of County Road 287, continuing a total distance
of approximately 70,650 feet to the POINT OF BEGINNING;
SAVE AND EXCEPT the following tract of land that includes the
City of Breckenridge:
BEGINNING at a point on the centerline of U.S. Highway 180
approximately 5,375 feet in a westerly direction from the
intersection of U.S. Highway 180 and Farm to Market Road 3099;
Thence north 8 degrees 29 minutes west approximately 1,025
feet cross-country to a point;
Thence north 87 degrees 32 minutes east, cross-country, at
approximately 2,575 past the centerline of County Road 222,
continuing a total distance of approximately 5,315 feet to a point
in the centerline of said Farm to Market Road 3099;
Thence in a northerly direction approximately 5,175 feet
along the centerline of said Farm to Market Road 3099 to a point;
Thence north 84 degrees 5 minutes east approximately 3,160
feet cross-country to a point;
Thence south 74 degrees 24 minutes east approximately 4,070
feet cross-country to a point;
Thence south approximately 1,275 feet cross-country to a
point;
Thence east, cross-country, at approximately 5,140 feet past
the centerline of U.S. Highway 183, continuing a total distance of
approximately 6,470 feet to a point;
Thence south approximately 900 feet cross-country to a point;
Thence east, cross-country, at approximately 4,060 feet past
the centerline of County Road 176, continuing a total distance of
4,260 feet to a point;
Thence south approximately 3,280 feet cross-country to a
point;
Thence south 38 degrees 41 minutes east approximately 1,405
feet cross-country to a point;
Thence east approximately 2,680 feet cross-country to a point
in the centerline of Lake Grand Road;
Thence south 85 degrees 8 minutes east approximately 2,650
feet cross-country to a point;
Thence south approximately 450 feet cross-country to a point;
Thence east approximately 2,455 feet cross-country to a point
in the centerline of State Highway 67;
Thence in a southwesterly direction along said centerline of
State Highway 67 approximately 500 feet to a point;
Thence in a southeasterly direction parallel and 250 feet in
a northerly direction from said centerline of U.S. Highway 180
approximately 500 feet to a point;
Thence in a southwesterly direction at right angles to said
U.S. Highway 180 approximately 250 feet to the intersection of U.S.
Highway 180 with County Road 228;
Thence in a southwesterly direction along the centerline of
said County Road 228 approximately 300 feet to a point;
Thence north 70 degrees 48 minutes west approximately 120
feet cross-country to a point;
Thence in a southwesterly direction parallel and 120 feet in
a westerly direction from said centerline of County Road 228
approximately 500 feet to a point;
Thence west approximately 450 feet cross-country to a point;
Thence south approximately 340 feet cross-country to a point
in the centerline of Old Caddo Road;
Thence in a westerly direction along said centerline of Old
Caddo Road approximately 4,965 feet to a point;
Thence south approximately 1,440 feet cross-country to a
point;
Thence south 65 degrees 26 minutes west approximately 3,200
feet cross-country to a point;
Thence west approximately 2,760 feet cross-country to a
point;
Thence south approximately 635 feet cross-country to a point;
Thence west, cross-country, at approximately 2,930 feet past
the centerline of U.S. Highway 183, continuing a total distance of
approximately 5,500 feet to a point in the centerline of County Road
229;
Thence in a southerly direction along said centerline of
County Road 229 approximately 1,170 feet to a point;
Thence west approximately 4,915 feet cross-country to a point
200 feet at right angles and in an easterly direction from the
centerline of County Road 224;
Thence in a southerly direction parallel and 200 feet in an
easterly direction from said centerline of County Road 224
approximately 1,715 feet to a point;
Thence west approximately 200 feet to said centerline of
County Road 224;
Thence south 88 degrees 47 minutes west approximately 2,905
feet cross-country to a point;
Thence north approximately 5,465 feet cross-country to a
point;
Thence west approximately 2,455 feet cross-country to a point
in the centerline of Farm to Market Road 3418;
Thence in a northerly direction along said centerline of Farm
to Market Road 3418 approximately 805 feet to a point in the
centerline of County Road 225 at its intersection with Farm to
Market Road 3418;
Thence west approximately 1,190 feet cross-country to a
point;
Thence north approximately 950 feet cross-country to a point;
Thence north 52 degrees 21 minutes west approximately 1,860
feet cross-country to a point;
Thence north 87 degrees 51 minutes west approximately 2,300
feet cross-country to a point;
Thence north 8 degrees 29 minutes west approximately 1,745
feet cross-country to the POINT OF BEGINNING.
SECTION 3. (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
Texas Commission on Environmental Quality.
(c) 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.
(d) The general law relating to consent by political
subdivisions to the creation of a conservation and reclamation
district and the inclusion of land in the district has been complied
with. 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 4. 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, 2005.