80R1584 TAD-D

By: Keffer H.B. No. 1573

A BILL TO BE ENTITLED

AN ACT

relating to the creation, administration, powers, duties, functions, operations, and financing of the Fort Griffin Special Utility District.

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 7210 to read as follows: CHAPTER 7210. FORT GRIFFIN SPECIAL UTILITY DISTRICT SUBCHAPTER A. GENERAL PROVISIONS

Sec. 7210.001. DEFINITION. In this chapter, "district" means the Fort Griffin Special Utility District.

Sec. 7210.002. NATURE OF DISTRICT. The district is a special utility district in portions of Shackelford, Stephens, and Throckmorton Counties created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution. The district is created to serve a public use and benefit.

Sec. 7210.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation and initial directors' election held before September 1, 2009:

(1) the district is dissolved on September 1, 2009, 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 Shackelford, Stephens, and Throckmorton Counties 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, 2012.

Sec. 7210.004. 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. 7210.005. 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 7210.006-7210.020 reserved for expansion] SUBCHAPTER A-1. TEMPORARY PROVISIONS

Sec. 7210.021. TEMPORARY DIRECTORS. (a) The temporary board of directors of the district is composed of:

(1) E. D. "Buddy" Fincher;

(2) Sam R. Snyder;

(3) Burrell R. McKelvain;

(4) John A. Adams;

(5) James Lamoine Johnson;

(6) Sidney Collinsworth; and

(7) Richard Lawrence Spore.

(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 7210.022.

(e) As soon as practicable after all the temporary directors have qualified under Section 49.055, Water Code, the temporary directors shall meet and elect officers from among their membership.

Sec. 7210.022. 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, 2009.

(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. 7210.023. TRANSFER OF ASSETS; DISSOLUTION. (a) If the district's creation is confirmed under Section 7210.022, the Shackelford 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 Shackelford Water Supply Corporation shall commence dissolution proceedings of the corporation.

(c) On dissolution of the Shackelford Water Supply Corporation, Certificate of Convenience and Necessity No. 11637 is considered to be held by the district.

(d) The board of directors of the Shackelford 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. 11637 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. 11637 is held by the district and shall reissue the certificate in the name of the district without further application, notice, or hearing. A person does not have a right to protest or to request an administrative review of the transfer prescribed by this section.

Sec. 7210.024. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2012. [Sections 7210.025-7210.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 7210.051. DIRECTORS. The district is governed by a board of not fewer than five and not more than 11 directors. [Sections 7210.052-7210.100 reserved for expansion] SUBCHAPTER C. POWERS AND DUTIES

Sec. 7210.101. GENERAL POWERS. Except as otherwise provided by this subchapter, the district has all of the rights, powers, privileges, 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. 7210.102. 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 Shackelford Water Supply Corporation on December 31, 2006, 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.

SECTION 2. The Fort Griffin Special Utility District initially includes all the territory contained in the following area:

BEING that portion of Shackelford, Stephens and Throckmorton 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 in a northerly direction, cross-country, a distance of 16,450 feet to a point 500 feet at right angles and in a southerly direction from the centerline of FM Highway 209;

Thence in an easterly direction parallel and 500 feet in a southerly direction from said centerline of FM Highway 209 approximately 920 feet to a point;

Thence in a northerly direction perpendicular to said centerline of FM Highway 209, at 500 feet pass said centerline, continuing a total distance of 1000 feet to a point 500 feet at right angles and in a northerly direction from said centerline;

Thence in a westerly direction parallel and 500 feet in a northerly direction from said centerline approximately 3,470 feet to a point;

Thence in a northerly direction, cross-country, a 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 the intersection of said centerline with the centerline of County Road 334;

Thence in a northerly direction along said centerline of County Road 334 a distance of approximately 6,720 feet to the beginning of a curve to the right in said centerline;

Thence in an easterly direction continuing along the centerline of said County Road 334 approximately 11,150 feet to the intersection of said centerline with the centerline of FM Highway 1710;

Thence in a northerly direction along said centerline of FM Highway 1710, at approximately 6300 feet pass a point being the beginning of a curve to the right in said centerline, said point further being the beginning of the centerline of County Road 324, continuing northerly, at approximately 11,200 feet pass a point where said centerline of County Road 324 turns easterly, and continuing northerly, cross country, a total distance of 43,860 feet to the intersection of said centerline with the centerline of U.S. Highway 380;

Thence in a westerly direction along said centerline of U.S. Highway 380 approximately 23,550 feet to its intersection with the centerline of County Road 306;

Thence in a southerly direction along said centerline of County Road 306 approximately 6,300 feet to the intersection of said centerline with the centerline of County Road 304;

Thence in a westerly direction along said centerline of County Road 304 a distance of approximately 13,100 feet to the intersection of said centerline with the centerline of U.S. Highway 183;

Thence in a southeasterly direction, then in a southwesterly direction along said centerline approximately 5,800 feet to a point;

Thence in a westerly direction, cross-country, approximately 12,750 feet to the centerline of County Road 212;

Thence in a northerly direction along said centerline of said County Road 212, at approximately 4,225 feet pass the termination of County Road 212 at a point on the centerline of FM Highway 923, and continuing along said centerline of FM Highway 923 a total distance of 9,190 feet to its intersection with the centerline of U.S. Highway 380;

Thence in a westerly direction along the centerline of said U.S. Highway 380 a distance of approximately 78,155 feet to the common boundary line of Haskell and Throckmorton Counties;

Thence in a southerly direction approximately 82,400 feet along said Haskell/ Throckmorton County line to the Southeast corner of Haskell County, same being the Southwest corner of Throckmorton County at a point on the North line of Shackelford County;

Thence in an easterly direction approximately 25,380 feet along said Throckmorton/Shackelford County line to a point;

Thence in a southerly direction, cross-country, approximately 128,518 feet to a point;

Thence South 31 degrees 52 minutes East, cross-country, at approximately 28,145 feet pass County Road 191, continuing a total distance of approximately 28,624 feet to the centerline of U.S. Highway 283;

Thence in a southerly direction, cross-country, approximately 7,660 feet to the common boundary line of Callahan and Shackelford Counties;

Thence in an easterly direction along said Callahan/ Shackelford County line approximately 51,500 feet to the centerline of County Road 192;

Thence in a northerly direction along said centerline of County Road 192 approximately 7,280 feet to a point;

Thence in an easterly direction, cross-country, a distance of approximately 4,040 feet to the centerline of State Highway 6;

Thence in a southeasterly direction along said State Highway 6 a distance of approximately 8190 feet to the common boundary line of Shackelford and Callahan Counties;

Thence in an easterly direction along said Shackelford/ Callahan County line a distance of approximately 33,750 feet to a point;

Thence North 01 degree 00 minutes West, cross-county, a distance of approximately 48,770 to a point in the centerline of FM Highway 576;

Thence in a westerly direction along said centerline of FM Highway 576, a distance of 25,475 feet to a point being the intersection of said centerline with the centerline of FM Road 601;

Thence in a northerly direction along said centerline of FM Highway 601 a distance of approximately 12,500 feet to a point being the intersection of said centerline with the centerline of County Road 103;

Thence in a northerly direction along said centerline of County Road 103 approximately 15,000 feet to its intersection with 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 approximately 22,200 feet to a point;

Thence North 09 degrees 57 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 in a westerly direction, following said normal pool elevation contour line of Hubbard Creek Reservoir, approximately 150,000 feet to said Stephens/ Shackelford County line;

Thence in a northerly direction along said Stephens/Shackelford County line, a distance of approximately 71,700 feet to the POINT OF BEGINNING;

SAVE AND EXCEPT the following tract of land that includes the City of Albany:

BEGINNING at a point on the centerline of U.S Highway 283 approximately 3,040 feet North of the intersection of U.S. Highway 283 and County Road 147;

Thence South 81 degrees 20 minutes East approximately 6,250 feet to a beginning of a curve to the left;

Thence along said curve having a radius of 2,000 feet at approximately 1,730 feet pass State Highway 6, continuing a total distance of approximately 2,265 feet to the point of tangency, said curve having a long chord with a bearing of North 66 degrees 13 minutes East and an approximate length of 2,145 feet;

Thence North 33 degrees 45 minutes East at approximately 2,820 feet pass FM Highway 601, continuing a total distance of approximately 6,690 feet to the beginning of curve to the left;

Thence along said curve having a radius of 2,000 feet, a total distance 3,790 feet to the point of tangency, said curve having a long chord with a bearing of North 20 degrees 30 minutes West and a length of approximately 3,245 feet;

Thence North 74 degrees 47 minutes West at approximately 2,225 feet to the beginning of a curve to the right;

Thence along said curve having a radius of 2,000 feet a distance of 1,885 feet to the point of tangency, said curve having a long chord which bears North 47 degrees 45 minutes West and a length of approximately 1,815 feet;

Thence North 20 degrees 45 minutes West at approximately 3,045 feet to the beginning of curve to the left;

Thence along said curve having a radius of 2,000 feet, a distance of approximately 3,140 feet to the point of tangency, said curve having a long chord which bears North 65 degrees 40 minutes West approximately 2,825 feet;

Thence South 69 degrees 20 minutes West approximately 1,025 feet to the beginning of curve to the left;

Thence along said curve having a radius of 2,000 feet, a distance of approximately 2,930 feet to the point of tangency, same being a point in the centerline of a county road, said curve having a long chord with a bearing of South 42 degrees West and a length of approximately 2,675 feet;

Thence South 01 degree 00 minutes East approximately 7,430 feet to the beginning of curve to the left;

Thence along said curve having a radius of 2,000 feet, approximately 2,805 feet to the point of tangency, said curve having a long chord which bears South 41 degrees 08 minutes East and a length of approximately 2,580 feet;

Thence South 81 degrees 20 minutes East at approximately 3,090 feet to a point;

Thence in a southerly direction approximately 10,170 feet to a point;

Thence in an easterly direction approximately 4,960 feet to a point;

Thence in a northerly direction approximately 9,410 feet 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, 2007.