80R10699 T

By: Aycock H.B. No. 3990

A BILL TO BE ENTITLED

AN ACT

relating to the creation and to the administration, powers, duties, operation and financing of Burnet County Water Control and Improvement District No. 1

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

Section 1. CREATION. A Water Control and Improvement District, to be known as Burnet County Water Control and Improvement District No. 1, is created in Burnet County, subject to approval at a confirmation election under Section 8 of this Act. The District is created as a special district pursuant to and is essential to accomplish the purposes of Section 52, Article III, Texas Constitution, Section 59, Article XVI of the Texas Constitution.

Section 2. DEFINITIONS. In this Act,

(1) "Board means board of directors of the district.

(2) "Commission" means the Texas Commission on Environmental Quality or its successor agency.

(3) "District" means the Burnet County Water Control and Improvement District No. 1.

(4) "Project" means any program or project authorized by this Act or general laws, inside or outside the boundaries of the district that is necessary to accomplish the public purposes of the district.

Section 3. BOUNDARIES. The district's boundaries include approximately 324 acres to wit: FIELD NOTES TO DESCRIBE A 324.621 ACRE TRACT OF LAND, CONSISTING OF APPROXIMATELY 149.768 ACRES OF LAND, OUT OF THE F. LEUDERS SURVEY NO. 602, ABSTRACT NO. 560 AND APPROXIMATELY 174.852 ACRES OF LAND, OUT OF THE F ENGLEKING SURVEY NO. 611, ABSTRACT NO. 284, BOTH OF WHICH ARE SITUATED IN BURNET COUNTY, TEXAS, AND BEING A PORTION OF THAT CALLED 414.78 ACRE TRACT OF LAND, DESCRIBED IN A DEED TO SEALY KRUMM PARTNERS, L.P., A GEORGIA LIMITED PARTNERSHIP, AS RECORDED IN VOLUME 1382, PAGE 439 OF THE OFFICIAL PUBLIC RECORDS OF BURNET COUNTY, TEXAS (O.P.R.B.C.T.), SAID 324.621 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A ½" IRON ROD FOUND, LYING IN THE SOUTH RIGHT-OF-WAY, DESCRIBED IN A DEED TO THE STATE OF TEXAS, AS RECORDED IN VOLUME 129, PAGE 551 OF THE DEED RECORDS OF BURNET COUNTY TEXAS (D.R.B.C.T.), THE APPROXIMATE WEST LINE OF THE JASON WORMSLEY SURVEY NO. 601, ABSTRACT NO. 959 AND THE APPROXIMATE EAST LINE OF SAID F. LEUDERS SURVEY, FOR THE NORTHWEST CORNER OF THAT CALLED 470 ACRE TRACT OF LAND, DESCRIBED IN A DEED TO H. R. ANDERSON, AS RECORDED IN VOLUME 80, PAGE 593 D.R.B.C.T., THE NORTHEAST CORNER OF SAID 414.7 ACRE TRACT, AND THE NORTHEAST CORNER HEREOF. THENCE S01°52'16"E [S01°52'16"E], WITH THE APPROXIMATE WEST LINE OF SAID JASON WORMSLEY SURVEY, THE WEST LINE OF SAID 470 ACRE TRACT, THE APPROXIMATE EAST LINE OF SAID F. LEUDERS SURVEY, THE EAST LINE OF SAID 414.78 ACRE TRACT, AND THE EAST LINE HEREOF, A DISTANCE OF 2,643.85 FEET, TO A CALCULATED POINT, IN THE CITY OF HORSESHOE BAY'S APPROXIMATE EXTRA TERRITORIAL JURISDICTION (ETJ) LINE, FOR THE EASTERLY SOUTHEST CORNER HEREOF, FROM WHICH A ½" IRON ROD FOUND, FOR THE NORTHEAST CORNER OF HORSESHOE BAY SOUTH PLAT K10.1, AS RECORDED IN VOLUME 4 PAGE 87-B OF THE PLAT RECORDS OF BURNET COUNTY, TEXAS (P.R.B.C.T.) AND THE EASTERLY SOUTHEAST CORNER OF SAID 414.78 ACRE TRACT, BEARS S01°52'16"E [S01°52'16"E]. A DISTANCE OF 1,628.02 FEET; THENCE, OVER AND ACROSS, SAID 414.78 ACRE TRACT, WITH SAID CITY OF HORSESHOE BAY'S APPROXIMATE ETJ LINE, THE FOLLOWING TWO (2) CALLS NUMBERED 1 AND 2:

1. S88°25'56"W, WITH A SOUTH LINE HEREOF, A DISTANCE OF 2,117.67 FEET. TO A CALCULATED POINT, AT THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, FOR AN INTERIOR CONER HEREOF, AND

2. WITH AN INTERIOR LINE HEREOF AND SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC LENGTH OF 1,262.09 FEET, HAVING A RADIUS OF 2,545.06 FEET, THROUGH A CENTRAL ANGLE OF 28°24'47", A CHORD BEARING S32°48'10"W, A DISTANCE OF 1,249.20 FEET, TO A CALCULATED POINT, IN THE APPROXIMATE NORTH LINE OF THE J. HARRELL SURVEY NO. 570, ABSTRACT NO. 454, THE NORTH LINE OF HORSESHOE BAY SOUTH PLAT K8.1, AS RECODED IN VOLUME 3, PAGE 86 P.R.B.C.T., THE APPROXIMATE SOUTH LINE OF SAID F. ENGLEKING SURVEY, A SOUTH LINE OF SAID 414.78 ACRE TRACT, FOR THE WESTERLY SOUTHEAST CONER HEREOF; THENCE S88°51'32"W [S88°51'32"W], WITH THE APPROXIMATE NORTH LINE OF SAID J. HARRELL SURVEY, THE NORTH LINE OF SAID HORSESHOE BAY PLAT K8.1, A NORTH LINE OF HORSESHOE BAY PLAT K11.1, AS RECORDED IN VOLUME 4, PAGE 103 P.R.B.C.T., THE APPROXIMATE SOUTH LINE OF SAID F. ENGLEKING SURVEY, A SOUTH LINE OF SAID 414.78 ACRE TRACT, AND A SOUTH LINE HEREOF, A DISTANCE OF 1,727.31 FEET, TO A STONE MOUND FOUND, LYING WITHIN SAID HORSESHOE BAY PLAT K11.1, IN THE APPROXIMATE EAST LINE OF THE A.C. FUCHS SURVEY NO. 1448, ABSTRACT NO. 1484, FOR THE SOUTHWEST CONER OF SAID F. ENGLEKING SURVEY, THE SOUTHWEST CORNER OF SAID 414.78 ACRE TRACT, AND THE SOUTHWEST CORNER HEREOF; THENCE, N01°59'42"W [N01°59'42"W], WITH THE APPROXIMATE EAST LINE OF SAID A. C. FUCHS SURVEY, THE EAST LINE OF SAID HORSESHOE BAY SOUTH PLAT K11.1, THE EAST LINE OF HORSESHOE BAY PLAT K13.1, AS RECORDED IN VOLUME 4, PAGE 135 P.R.B.C.T., THE EAST LINE OF CASTLE TERRACE, AS RECODED IN VOLUME 1, PAGE 135 P.R.B.C.T., THE EAST LINE OF CASTLE TERRACE, AS RECORDED IN VOLUME 1 PAGE 198 P.R.B.C.T., THE APPROXIMATE WEST LINE OF SAID F. ENGLEKING SURVEY, THE WEST LINE OF SAID 414.78 ACRE TRACT, AND THE WEST LINE HEREOF, A DISTANCE OF 3,529.55 FEET, TO A PK NAIL FOUND, LYING IN THE SOUTH RIGHT-OF-WAY LINE OF SAID FM HIGHWAY NO. 2147, FOR THE NORTHEAST CORNER OF SAID CASTLE TERRACE, THE NORTHWEST CORNER OF SAID 414.78 ACRE TRACT AND THE NORTHWEST CORNER HEREOF; THENCE, WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID FM HIGHWAY NO. 2147, THE NORTHERLY LINE OF SAID 414.78 ACRE TRACT, AND THE NORTHERLY LINE HEREOF, THE FOLLOWING SIX (6) CALLS, NUMBERED 3 THRU 8:

3. N79°32'49"E [N79°32'49"E], A DISTANCE OF 37.51 FEET [37.51 FEET], TO A TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) TYPE I CONCRETE MARKER FOUND;

4. N80°43'47"E [N80°43'47"E], A DISTANCE OF 370.69 FEET [370.69 FEET], TO A TXDOT TPE I CONCRETE MARKER FOUND, AT THE BEGINNING OF A TANGENT CURVE TO THE LEFT, 50 FEET RIGHT OF ENGINEER'S PC STATION NO. 31+69.60, FROM WHICH A TXDOT TYPE I CONCRETE MARKER FOUND, LYING IN THE NORTH RIGHT-OF-WAY LINE OF SAID FM HIGHWAY NO. 2147, BEARS N09°21'04"W, A DISTANCE OF 100.01 FEET;

5. WITH SAID CURVE TO THE LEFT, AN ARC LENGTH OF 740.00 FEET [740 FEET], HAVING A RADIUS OF 5,679.58 FEET [5,679.58 FEET], THROUGH A CENTRAL ANGLE OF 07°27'54" [07°27'54"], A CHORD BEARING N84°22'32"E [N84°22'32"E], A DISTANCE OF 739.47 FEET [739.47 FEET], TO A TXDOT TYPE I CONCRETE MARKER FOUND, FOR A POINT OF TANGENCY HEREOF, FROM WHICH A TXDOT TYPE I CONCRETE MARKER FOUND, LYING IN THE NORTH RIGHT-OF-WAY LINE OF SAID FM HIGHWAY NO. 2147, BEARS N01°51'40"W, A DISTANCE OF 100.20 FEET;

6. N88°02'40"E [N88°02'40"E], A DISTANCE OF 983.60 FEET, TO A TXDOT TYPE I CONCRETE MARKER FOUND, FROM WHICH A TXDOT TYPE I CONCRETE MARKER FOUND, LYING IN THE NORTH RIGHT-OF-WAY LINE OF SAID FM HIGHWAY NO. 2147, BEARS N01°44'07"W, A DISTANCE OF 99.01 FEET;

7. N88°04'28"E [N88°04'28"E], A DISTANCE OF 1,400.30 FEET [1,400.30 FEET], TO A TXDOT TYPE I CONCRETE MARKER FOUND, AND

8. N87°54'44"E [N87°54'44'E], A DISTANCE OF 1036.65 FEET, TO THE POINT OF BEGINNING, AND CONTAINING 324.621 ACRES OF LAND, MORE OR LESS.

Section 4. FINDINGS RELATED TO BOUNDARIES. The Legislature finds that the boundaries and field notes of the district form a closure. 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 benefited by the works and projects that are to be accomplished by the district pursuant to the powers conferred by Section 52, Article III and Section 59, Article XVI, Texas Constitution. The district serves 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:

(1) Chapters 49, 51 and 54 of the Texas Water Code;

(2) The general laws of the state on road districts and road utility districts created pursuant to Section 52, Article III, Texas Constitution, and on conservation and reclamation districts created pursuant to Section 59, Article XVI, Texas Constitution.

(3) This Act shall be liberally construed in conformity with the legislative findings and purposes set forth therein.

(4) This Act prevails over any provision of general law that is in conflict or inconsistent with this Act.

Section 7. ADMINISTRATIVE PROVISIONS. The district shall operate as a Water Control and Improvement District and comply with the Administrative Provisions in Texas Water Code Chapter 51, except as specifically provided in this Act. The district shall also comply with Texas Water Code Chapter 49 to the extent it does not conflict with Chapter 51, in which case Chapter 51 controls.

Section 8. TEMPORARY DIRECTORS. (a) The temporary board of directors is composed of:

(1) Brian Carlton

(2) Brandon Myers

(3) Brent Wicker

(4) Bob Sewell

(5) Brandon Raney

(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 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) The temporary board of directors shall call and hold an election to confirm establishment of the district and to elect five initial directors.

(b) The Uniform Election dates do not apply to an election to confirm establishment of the district.

(c) If a majority of votes cast at the election favor the establishment of the district, the temporary directors shall declare the district created. The temporary directors shall file a copy of the election results with the Commission.

Section 10. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. The initial board of directors shall serve a term of six years. The terms shall expire as follows:

(a) Two initial directors' term shall expire on September 1, 2011;

(b) Three initial directors' term shall expire on September 1, 2013.

(c) The election for directors following the expired term for initial directors shall comply with Chapters 49 and 51 Texas Water Code as those provisions read at that time.

Section 11. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. The Legislature finds:

(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 rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 12. 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, 2007.

SECTION 13. EMERGENCY. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.