|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of Double Platinum Ranch Water Control and |
|
Improvement District No. 1 of Grayson County; providing authority |
|
to impose a tax and issue bonds; granting the power of eminent |
|
domain. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle F, Title 6, Special District Local Laws |
|
Code, is amended by adding Chapter ____to read as follows: |
|
CHAPTER _____. DOUBLE PLATINUM RANCH WATER CONTROL AND |
|
IMPROVEMENT DISTRICT NO. 1 OF GRAYSON COUNTY. |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. _____.001. DEFINITIONS. In this chapter |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means Double Platinum Ranch Water |
|
Control and Improvement District No. 1 of Grayson County. |
|
Sec. _____.002. NATURE OF DISTRICT. The district is a water |
|
control and improvement district in Grayson County created under |
|
and essential to accomplish the purposes of Section 59, Article XVI |
|
Texas Constitution. |
|
Sec. _____.003. CONFIRMATION ELECTION REQUIRED. If the |
|
creation of the district is not confirmed at a confirmation |
|
election held under Section. _____.025 before September 1, 2011, |
|
(1) the district is dissolved September 1, 2011, |
|
except that: |
|
(A) any debts incurred shall be paid; |
|
(B) any assets that remain after the payment of |
|
debts shall be transferred to Grayson County; 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, 2014. |
|
Sec. _____.004. 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 impose taxes; |
|
(3) the validity of the district's bonds, notes, or |
|
indebtedness; or |
|
(4) the legality or operation of the district or the |
|
board. |
|
Sections [____.005-____.020 reserved for expansion] |
|
SUBCHAPTER A1. TEMPORARY PROVISIONS |
|
Sec. _____.021. TEMPORARY DIRECTORS. (a) On or after |
|
September 1, 2007, a person who owns land in the district may submit |
|
a petition to the Texas Commission on Environmental Quality |
|
requesting that the Commission appoint as temporary directors the |
|
five persons named in the petition. |
|
(b) The commission shall appoint as temporary directors the |
|
five persons named in the first petition received by the commission |
|
under Subsection (a). |
|
(c) If a temporary director fails to qualify for office, the |
|
commission shall appoint a person to fill the vacancy. |
|
(d) Temporary directors serve until the earlier of: |
|
(1) the date directors are elected under Section |
|
____.024; or |
|
(2) the date this chapter expires under Section |
|
____.026. |
|
Sec. _____.022. ORGANIZATIONAL MEETING OF TEMPORARY |
|
DIRECTORS. As soon as practicable after all the temporary directors |
|
have qualified under Section 49.055, Water Code, the temporary |
|
directors shall meet at a location in the district agreeable to a |
|
majority of the directors. |
|
At the meeting, the temporary directors shall elect officers |
|
from among the temporary directors and conduct any other district |
|
business. |
|
Sec. _____.023. ANNEXATION INTO CITY OF GUNTER. |
|
Notwithstanding any other provision of law to the contrary, in the |
|
event all of the land in a district is annexed into the corporate |
|
limits of the City of Gunter before the date of the election held to |
|
confirm the creation of the district, the district shall not be |
|
dissolved but shall continue in full force and effect. Any future |
|
annexation or inclusion of additional territory into a district |
|
governed by this Act may not occur unless the City of Gunter is |
|
allowed to voluntarily annex said territory into the City of |
|
Gunter's corporate limits. Section 43.074, Local Government Code, |
|
shall apply to dissolution of the district. |
|
Sec. _____.024. CONFIRMATION AND INITIAL DIRECTORS' |
|
ELECTION. The temporary directors of each district shall hold an |
|
election to confirm the creation of the district and to elect five |
|
directors as provided by Section 49.102, Water Code. The temporary |
|
directors may not hold an election to confirm the creation of the |
|
district until all of the land in the district is included in the |
|
corporate limits of the City of Gunter |
|
Sec. _____.025 INITIAL ELECTED DIRECTORS; TERMS. The |
|
directors elected under Section _____.024 shall draw lots to |
|
determine which two shall serve until the first regularly scheduled |
|
election of directors under Section ____.052 and which three shall |
|
serve until the second regularly scheduled election of directors. |
|
Sec. _____.026. EXPIRATION OF SUBCHAPTER. This subchapter |
|
expires September 1, 2014. |
|
Sections [____.027-____.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. _____.051. BOARD OF DIRECTORS; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. |
|
Sec. _____.052. ELECTION OF DIRECTORS. On the uniform |
|
election date in May of each even-numbered year, the appropriate |
|
number of directors shall be elected. |
|
Sections [____.053-____.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. _____.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS AND DUTIES. The district has the powers and duties provided |
|
by the general law of this state, including Chapters 49 and 51, |
|
Water Code, applicable to water control and improvement districts |
|
created under Section 59, Article XVI, Texas Constitution, |
|
including Section 51.331, Water Code. |
|
Sec. _____.102. ROAD PROJECTS. (a) To the extent authorized |
|
by Section 52, Article III, Texas Constitution, the district may |
|
construct, acquire, improve, maintain, or operate macadamized, |
|
graveled, or paved roads or turnpikes, or improvements in aid of |
|
those roads or turnpikes, inside the district. |
|
(b) A road project must meet or exceed all applicable |
|
construction standards, zoning and subdivision requirements, and |
|
regulatory ordinances of each municipality in whose corporate |
|
limits or extraterritorial jurisdiction the district is located. |
|
Sec. _____.103 DIVISION OF THE DISTRICT. (a) The district |
|
may be divided into two (2) new districts only if the district: |
|
(1) has no outstanding bonded debt; |
|
(2) is not imposing ad valorem taxes; and |
|
(3) each new District is within the corporate limits |
|
of the City of Gunter. |
|
(b) The division procedure is prescribed in Sections 53.030 |
|
through 53.041, Water Code. Sections 51.748 through 51.753, Water |
|
Code, do not apply to the district. |
|
(c) Any new district created by the division of the district |
|
has all the powers and duties of the district |
|
(d) At the time of creation, any new district created by the |
|
division of the district may not contain any land outside the area |
|
described by Section 2 of the Act creating this chapter. |
|
[Sections _____.104 _____.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. _____.151 TAX TO REPAY BONDS. The district may impose a |
|
tax to pay the principal of or interest on bonds issued under |
|
Section _____.201. |
|
[Sections _____.152-_____.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. _____.201. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. (a) The district may issue bonds or other obligations |
|
as provided by chapters 49 and 51, Water Code, to finance the |
|
construction, maintenance, or operation of projects under Sections |
|
_____.101 and _____.102. |
|
(b) The district may not issue bonds to finance projects |
|
authorized by Section ____.102 unless the issuance is approved by a |
|
vote of a two-thirds majority of the voters of the district voting |
|
at an election called for that purpose. |
|
(c) Bonds or other obligations issued or incurred to finance |
|
projects authorized by Section _____.102 may not exceed one-fourth |
|
of the assessed value of the real property in the district. |
|
SECTION 2. Double Platinum Ranch Water Control and |
|
Improvement District No. 1 of Grayson County initially includes all |
|
the territory contained in the following area: |
|
TRACT ONE: |
|
All that certain tract or parcel of land situated in the John Palms |
|
Survey, Abstract Number 926, County of Grayson, State of Texas, |
|
said tract being part of a called 197.3 acre tract as described in |
|
Deed to Dryden Dorchester Ltd., filed 27 December 2000, and |
|
Recorded in Volume 3014, Page 743 of the Deed Records of the County |
|
of Grayson, State of Texas, and being more fully described as |
|
follows: |
|
Beginning for the northeast corner of the tract being herein at a |
|
Wood Fence corner Post, said post being the northeast corner of said |
|
Dryden tract, and the southeast corner of a tract as described in |
|
Deed to Gordon W. Doodier et ux, Delores Goodier, filed 14 January |
|
1971, and Recorded in Volume 1179, Page 63 of said Deed Records, |
|
said post also being on a west line of a called 1022 acre tract as |
|
described in Tract 7 in Deed to Jeribeth Sharp, filed 30 June 1998, |
|
and Recorded in Volume 2668 Page 09 of said Deed Records; |
|
Thence South 00 degrees 20 minutes 01 seconds East, with the east |
|
line of said Dryden tract, and west line of said Sharp tract, a |
|
distance of 3318.06 feet to a set 1/2 inch Steel Square Tubing for |
|
the southeast corner of said Dryden tract, and an ell corner of said |
|
Sharp tract; |
|
Thence South 88 degrees 45 minutes 58 8 seconds West, with the south |
|
line at said Dryden tract, a distance of 2576.18 feet to a set 1\2 |
|
inch Steel Square Tubing for the southwest corner of said Dryden |
|
tract, and an ell corner of said Sharp tract, |
|
Thence: North 00 degrees 23 minutes 33 seconds West, with the west |
|
line of said Dryden tract, a distance of 3325.00 feet to a found 1/2 |
|
inch Steel Rebar at the base of a wood fence corner post, being an |
|
ell corner of said Dryden tract and Sharp tract and the Palms |
|
Survey, and being the northeast corner of the John D. Nelson Survey, |
|
Abstract Number 902; |
|
Thence South 89 degrees 45 minutes 03 seconds West, with a wire |
|
fence line, and a south line of said Dryden tract, and a line of said |
|
Sharp tract, a distance of 790.04 feet to a Wood Fence post for the |
|
southwest corner of said Dryden tract, an ell corner of said Palms |
|
Survey, and the southeast corner of the Antonia Hernandez Survey, |
|
Abstract Number 489; |
|
Thence North, a distance of 26.12 feet to a set 1/2 inch Steel |
|
Square Tubing Ike the northwest corner of said Dryden tract, and the |
|
southwest corner of a tract described in Deed to Marjoriet Limited, |
|
filed 24 March 1999, and Recorded in Volume 2769 Page 624 of said |
|
Deed Records; |
|
Thence North 89 degrees 45 minutes 03 seconds East, with the north |
|
line of said Dryden tact, and the south line of said Marjoriet |
|
tract, a distance of 789.43 feet to a Wood Fence corner Post for a |
|
corner; |
|
Thence North 89 degrees 30 minuses 06 seconds East, with the north |
|
line of said Dryden tract, and passing the southeast comer of said |
|
Marjoriet tract, and the southwest corner of said Goodier tract, |
|
and continuing on said course for a total distance of 2579.75 feet |
|
to the POINT OF BEGINNING and containing 197.783 acres of land. |
|
TRACT TWO: |
|
Being a 1,022.20 acre tract of land situated in the John Palms |
|
Survey, Abstract No. 926, and the John D. Nelson Survey, Abstract |
|
No. 902, and being that certain tract of land conveyed to as Tract |
|
I, to Marita Wiseman Sharp, Marita Wiseman Sharp Grantor Trust, and |
|
Billy Jack Sharp Grantor Trust, by deed recorded in Volume 2427, |
|
Page 448, and also conveyed as Tract 7, to Billy Jack Sharp Grantor |
|
Trust, by deed recorded in Volume 2668, Page 00009, all of the Deed |
|
Records of Grayson County, Texas, and being more particularly |
|
described by metes and bounds as follows: |
|
BEGINNING at a 1/2 inch iron rod set for corner, said point being |
|
the southeast corner of said Billy Jack Sharp Grantor Trust tract, |
|
and being at the centerline intersection more or less, of McDonald |
|
Road, and Kimberlin Road; |
|
THENCE North 86°52'06" West, along the common line of said Billy |
|
Jack Sharp Grantor Trust tract, and the centerline more or less of |
|
said Kimberlin Road, and along the south line of said Palms Survey, |
|
passing the southwest corner of said Palms Survey, same being the |
|
southeast corner of said Nelson Survey, and continuing along the |
|
south line of said Nelson Survey, a distance of 6400.79 feet to a |
|
1/2 inch iron rod set for corner, said point being in the centerline |
|
of Kimberlin Road more of less, said point being the southwest |
|
corner of said Billy Jack Sharp Grantor Trust tract, and being the |
|
southeast corner of a called 1073.77 acre tract of land conveyed to |
|
Davidson Land and Cattle Company, by deed recorded in Volume 2235, |
|
Page 583, of the Deed Records of Grayson County, Texas; |
|
THENCE North 02°35'02" East, along the common line of said Billy |
|
Jack Sharp Grantor Trust tract, and said called 1073.77 acre tract, |
|
a distance of 3806.58 feet to a 1/2 inch iron rod found for corner; |
|
THENCE North 85°53'34" West, continuing along the common line of |
|
said Billy Jack Sharp Grantor Trust tract, and said called 1073.77 |
|
acre tract, a distance of 150.50 feet to a 1/2 inch iron rod found |
|
for corner; |
|
THENCE North 02°33'45" East, continuing along the common line of |
|
said Billy Sank Grantor Trust tract, and said called 1073.77 acre |
|
tract, a distance of 1112.85 feet to a 1/2 inch iron rod found for |
|
corner; |
|
THENCE South 87°0916' East, continuing along the common line of said |
|
Billy Jack Sharp Grantor Trust tract, and said called 1073.77 acre |
|
tract, a distance of 149.97 feet to a 1/2 inch iron rod found for |
|
corner; |
|
THENCE North 02°38'21" East, continuing along the common line of |
|
said Billy Jack Sharp Grantor Trust tract, and said called 1073.77 |
|
acre tract, a distance of 2500.00 feet to a 1/2 inch iron rod found |
|
for corner, said point being in the north line of said Nelson |
|
Survey, and the south line of Antonio Hernandez Survey, Abstract |
|
No. 489, and being in the south line of a called 300 acre tract of |
|
land conveyed to Lucian Touchtone, et ux, by deed recorded in Volume |
|
1013, Page 677, of the Deed Records of Grayson County, Texas, and |
|
being the northeast corner of said called 1073.77 acre tract, and |
|
being the northwest corner of said Billy Jack Sharp Grantor Trust |
|
tract; |
|
THENCE South 87°07'47" East, along the common line of said Palms |
|
Survey, and the said Antonio Survey, and the common line of said |
|
Billy Jack Sharp Grantor Trust tract, and said called 300 acre |
|
tract, and passing the southeast corner of said called 300 acre |
|
tract, same being the southeast corner of said Antonio Survey, same |
|
being the southwest corner of said Palms Survey, and being the |
|
southwest corner of a called 108.84 acre tract of land conveyed to |
|
Lucian Touchtone, by deed recorded in Volume 1219, Page 360, of the |
|
Deed Records of Grayson County, Texas, and continuing a total |
|
distance of 2698.53 feet to a 1/2 inch iron rod found for corner, |
|
said point being the northeast corner of said Nelson Survey, and an |
|
ell corner of a called 197.3 acre tract of land conveyed to S.A. |
|
Schott by deed recorded in Volume 359, Page 369, of the Deed Records |
|
of Grayson County, Texas; |
|
THENCE South 02°52'48" West, along the common line of said Billy |
|
Jack Sharp Grantor Trust tract, and said called 197.3 acre tract, a |
|
distance of 3325.00 feet to a 1/2 inch iron rod set for corner, said |
|
point being the southwest corner of said called 197.3 acre tract; |
|
THENCE South 87°56'40" East, along the common line of said Billy |
|
Jack Sharp Grantor Trust tract, and said called 197.3 acre tract, a |
|
distance of 2577.31 feet to a 1/2 inch iron rod set for corner, said |
|
point being the southeast corner of said called 197.3 acre tract; |
|
THENCE North 02°54'54" East, along the common line of said Billy |
|
Jack Sharp Grantor Trust tract, and said called 197.3 acre tract, a |
|
distance of 3318.06 feet to a 1/2 inch iron rod set for corner, said |
|
point being the northwest corner of said called 197.3 acre tract, |
|
same being the southeast comer of a called 245.67 acre tract of land |
|
conveyed to Gordon W. Goodier, et ux, by deed recorded in Volume |
|
1179, Page 63, of the Deed Records of Grayson County, Texas; |
|
THENCE North 03°09'39" East, along the common line of said Billy |
|
Jack Sharp Grantor Trust tract, and said called 245.67 acre tract, a |
|
distance of 4542.15 feet to a 1/2 inch iron rod found for corner, |
|
said point being the northwest comer of said Billy Jack Sharp |
|
Grantor Trust tract, same being the northeast corner of said called |
|
245.67 acre tract, and being in the south right-of-way line of F.M. |
|
Highway 902; |
|
THENCE South 86°51'00" East, along the north line of said Billy Jack |
|
Sharp Grantor Trust tract, with the south right-of-way line of F.M. |
|
Highway 902, a distance of 1119.25 feet to a railroad spike found |
|
for corner, said point being in the centerline intersection more or |
|
less of the south right-of-way line of F.M. Highway 902, and |
|
McDonald Road, and being in the east line of said Palms Survey; |
|
THENCE South 02°47'31" West, with the east line of said Palms |
|
Survey, and the east line of said Billy Jack Sharp Grantor Trust |
|
tract, and along the centerline of McDonald Road more or less, a |
|
distance of 12,018.20 feet to the POINT OF BEGINNING and containing |
|
44,527,033 square feet or 1,022.20 acres of computed land. |
|
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, one of the required recipients, 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, the |
|
lieutenant governor, and the 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 4. This Act takes effect September 1, 2007. |