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  H.B. No. 3990
 
 
 
 
AN ACT
  relating to the creation of the Burnet County Water Control and
  Improvement District No. 1; providing authority to impose a tax and
  issue bonds.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle I, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 9030 to read as follows:
  CHAPTER 9030. BURNET COUNTY WATER CONTROL AND
  IMPROVEMENT DISTRICT NO. 1
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 9030.001.  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 the Burnet County Water Control
  and Improvement District No. 1.
               (4)  "Project" means a program or project authorized by
  this chapter or general law, to be undertaken inside or outside the
  boundaries of the district, that is necessary to accomplish the
  public purposes of the district.
         Sec. 9030.002.  NATURE OF DISTRICT. The district is a water
  control and improvement district in Burnet County created under and
  essential to accomplish the purposes of Section 52, Article III,
  and Section 59, Article XVI, Texas Constitution.
         Sec. 9030.003.  LEGISLATIVE FINDINGS. The legislature finds
  that:
               (1)  all of the land and other property included in 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; and
               (2)  the district serves a public use and benefit.
         Sec. 9030.004.  CONFIRMATION ELECTION REQUIRED. If the
  creation of the district is not confirmed at a confirmation
  election held under Section 9030.023 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 Burnet 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. 9030.005.  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 impose taxes; or
               (3)  the legality or operation of the district or the
  board.
         Sec. 9030.006.  APPLICABILITY OF ADMINISTRATIVE PROVISIONS
  OF OTHER LAW; CONFLICT OF LAW. The district shall operate as a
  water control and improvement district and comply with the
  administrative provisions of Chapter 51, Water Code, except as
  otherwise provided by this chapter. The district shall also comply
  with Chapter 49, Water Code, to the extent that chapter does not
  conflict with Chapter 51 of that code. If there is a conflict
  between Chapters 49 and 51, Water Code, Chapter 51 controls.
         Sec. 9030.007.  LIBERAL CONSTRUCTION OF CHAPTER. This
  chapter shall be liberally construed in conformity with the
  legislative findings and purposes stated in this chapter.
  [Sections 9030.008-9030.020 reserved for expansion]
  SUBCHAPTER A-1. TEMPORARY PROVISIONS
         Sec. 9030.021.  TEMPORARY DIRECTORS. (a)  The temporary
  board is composed of:
               (1)  Brian Carlton;
               (2)  Brandon Myers;
               (3)  Brent Wicker;
               (4)  Bob Sewell; and
               (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 Texas Commission on
  Environmental Quality shall appoint the necessary number of persons
  to fill all vacancies on the board.
         Sec. 9030.022.  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. If a location cannot be
  agreed upon, the meeting shall be at the Burnet County Courthouse.
  At the meeting the temporary directors shall elect officers from
  among the temporary directors and conduct any other district
  business.
         Sec. 9030.023.  CONFIRMATION AND INITIAL DIRECTORS'
  ELECTION. (a)  The temporary directors shall hold an election to
  confirm the creation of the district and to elect five directors as
  provided by Section 49.102, Water Code.
         (b)  Section 41.001(a), Election Code, does not apply to a
  confirmation election held under this section.
         Sec. 9030.024.  INITIAL ELECTED DIRECTORS; TERMS. The
  directors elected under Section 9030.023 shall draw lots to
  determine which two shall serve until the first regularly scheduled
  election of directors and which three shall serve until the second
  regularly scheduled election of directors.
         Sec. 9030.025.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires September 1, 2014.
  [Sections 9030.026-9030.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 9030.051.  DIRECTORS; TERMS. (a)  The district is
  governed by a board of five directors.
         (b)  Directors serve staggered four-year terms.
         Sec. 9030.052.  ELECTION OF DIRECTORS. On the uniform
  election date in May of each even-numbered year, the appropriate
  number of directors shall be elected.
  [Sections 9030.053-9030.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 9030.101.  WATER CONTROL AND IMPROVEMENT DISTRICT AND
  MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has all
  of the rights, powers, privileges, authority, functions, and duties
  provided by the general law of this state applicable to:
               (1)  water control and improvement districts,
  including Chapters 49 and 51, Water Code; and
               (2)  municipal utility districts, including Chapter
  54, Water Code.
         Sec. 9030.102.  ROAD PROJECTS. 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 improvements in aid of those roads.
         Sec. 9030.103.  CONTRACT WITH POLITICAL SUBDIVISION FOR
  WATER OR SEWER SERVICES. (a)  The district may enter into a
  contract to allow a political subdivision to provide retail water
  or sewer service in the district. The contract may contain terms
  the board considers desirable, fair, and advantageous to the
  district.
         (b)  The contract may provide that the district will
  construct or acquire and convey to the political subdivision a
  water supply or treatment system, a water distribution system, or a
  sanitary sewage collection or treatment system, as necessary to
  provide water or sewer service in the district.
         (c)  The district may use bond proceeds or other available
  district money to pay for its obligations under, or for services or
  facilities provided under, the contract.
         (d)  If the contract requires the district to make payments
  from taxes other than operation and maintenance taxes, the contract
  is subject to Section 49.108, Water Code.
  [Sections 9030.104-9030.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 9030.151.  TAX TO REPAY BONDS. The district may impose
  a tax to pay the principal of or interest on bonds or other
  obligations issued under Section 9030.201.
  [Sections 9030.152-9030.200 reserved for expansion]
  SUBCHAPTER E. BONDS
         Sec. 9030.201.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS. (a) The district may issue bonds or other obligations
  as provided by Chapters 49, 51, and 54, Water Code, to finance:
               (1)  the construction, maintenance, or operation of
  projects under Sections 9030.101 and 9030.102; or
               (2)  the district's contractual obligations under
  Section 9030.103.
         (b)  The district may issue bonds or other obligations
  payable wholly or partly from ad valorem taxes, impact fees,
  revenue, grants, or other district money.
         (c)  The district may not issue bonds or other obligations
  secured wholly or partly by ad valorem taxation to finance projects
  authorized by Section 9030.102 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.
         (d)  Bonds or other obligations issued or incurred to finance
  projects authorized by Section 9030.101 or 9030.102 or contractual
  obligations under Section 9030.103 may not exceed one-fourth of the
  assessed value of the real property in the district.
         SECTION 2.  The Burnet County Water Control and Improvement
  District No. 1 initially includes all the territory contained in
  the following area:
  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 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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3990 was passed by the House on May
  17, 2007, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3990 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor