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  H.B. No. 4056
 
 
 
 
AN ACT
  relating to the creation of the Hays County Municipal Utility
  District No. 6; 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 8297 to read as follows:
  CHAPTER 8297. HAYS COUNTY MUNICIPAL UTILITY
  DISTRICT NO. 6
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8297.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Hays County Municipal Utility
  District No. 6.
         Sec. 8297.002.  NATURE OF DISTRICT. The district is a
  municipal utility district in Hays County created under and
  essential to accomplish the purposes of Section 52, Article III,
  and Section 59, Article XVI, Texas Constitution.
         Sec. 8297.003.  FINDINGS OF PUBLIC USE AND BENEFIT.  (a) The
  district is created to serve a public use and benefit.
         (b)  All land and other property included in the district
  will benefit from the works and projects to be accomplished by the
  district under powers conferred by Section 52, Article III, and
  Section 59, Article XVI, Texas Constitution.
         Sec. 8297.004.  CONFIRMATION ELECTION REQUIRED. If the
  creation of the district is not confirmed at a confirmation
  election held under Section 8297.023 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 Hays 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, 2012.
         Sec. 8297.005.  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;
               (3)  the validity of the district's bonds, notes, or
  indebtedness; or
               (4)  the legality or operation of the district or the
  board.
         Sec. 8297.006.  CONSTRUCTION OF CHAPTER. This chapter shall
  be liberally construed in conformity with the findings and purposes
  set forth in this chapter.
  [Sections 8297.007-8297.020 reserved for expansion]
  SUBCHAPTER A-1. TEMPORARY PROVISIONS
         Sec. 8297.021.  TEMPORARY DIRECTORS.  (a) The temporary
  board consists of:
               (1)  Sam McBride;
               (2)  Ken Austin;
               (3)  Mike Coble;
               (4)  Mike Schroeder; and
               (5)  David Fulkerson.
         (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.
         (c)  Temporary directors serve until the earlier of:
               (1)  the date directors are elected under Section
  8297.023; or
               (2)  the date this chapter expires under Section
  8297.004.
         Sec. 8297.022.  CONSENT OF MUNICIPALITY REQUIRED.  (a)  The
  temporary directors may not hold an election under Section 8297.023
  until each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located has adopted a
  resolution consenting to the creation of the district.
         (b)  A resolution adopted by a municipality before April 1,
  2007, is not effective under this section.
         Sec. 8297.023.  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)  If a majority of the votes cast at the election favor the
  creation of the district, the temporary directors shall declare the
  district created. If a majority of the votes cast at the election
  do not favor the creation of the district, the district is not
  created. The temporary directors shall file a copy of the election
  results with the Texas Commission on Environmental Quality.
         Sec. 8297.024.  INITIAL ELECTED DIRECTORS; TERMS.  The
  directors elected under Section 8297.023 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. 8297.025.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires September 1, 2012.
  [Sections 8297.026-8297.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8297.051.  DIRECTORS; TERMS. (a) The district is
  governed by a board of five directors.
         (b)  Directors serve staggered four-year terms.
  [Sections 8297.052-8297.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8297.101.  MUNICIPAL UTILITY DISTRICT POWERS AND
  DUTIES.  The district has the powers and duties provided by the
  general law of this state, including Chapters 49 and 54, Water Code,
  applicable to municipal utility districts created under Section 59,
  Article XVI, Texas Constitution.
         Sec. 8297.102.  COMPLIANCE WITH MUNICIPAL CONSENT
  ORDINANCES OR RESOLUTIONS. The district shall comply with all
  applicable requirements of any ordinance or resolution adopted by
  the city council of the City of Dripping Springs that consents to
  the creation of the district.
         Sec. 8297.103.  LIMITATION ON USE OF EMINENT DOMAIN. The
  district may exercise the power of eminent domain outside the
  district only to acquire an easement necessary for a pipeline that
  serves the district.
         SECTION 2.  The Hays County Municipal Utility District No. 6
  includes all the territory contained in the following area:
  FIELD NOT DESCRIPTION OF 127.59 ACRES OF LAND OUT OF THE TEXAS
  CENTRAL RR. CO. SURVEY ABSTRACT No. 621, THE GEORGE W. LINDSAY
  SURVEY ABSTRACT No. 289 AND THE GEORGE A. HARVEY SURVEY ABSTRACT No.
  254 IN HAYS COUNTY, TEXAS, AND BEING COMPRISED OF A PORTION OF THAT
  CERTAIN (120.00) ACRE TRACT OF LAND AS CONVEYED TO B.L. JOHNSON, ET
  UX, BY DEED RECORDED IN VOLUME 757 PAGE 587 OF THE REAL PROPERTY
  RECORDS OF HAYS COUNTY, TEXAS, TOGETHER WITH A PORTION OF THAT
  CERTAIN (56.27 ACRE) TRACT OF LAND AS CONVEYED TO B.L. JOHNSON, ET
  UX, BY DEED RECORDED IN VOLUME 728 PAGE 438 OF THE REAL PROPERTY
  RECORDS OF HAYS COUNTY TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
  AS FOLLOWS:
  BEGINNING FOR REFERENCE at a 3/8" iron rod found for the Southeast
  corner of that certain (120.00 acre) tract of land as conveyed to
  B.L. Johnson, et ux, by deed recorded in Volume 757 Page 587 of the
  Real Property Records of Hays County, Texas, and for the Southwest
  corner of that certain (23.327 acre) tract of land as conveyed to
  B.L. Johnson, et ux, by deed recorded in Volume 600 Page 474 of the
  Real Property Records of Hays County, Texas, and for the Northwest
  corner of that certain (31.63 acre) tract of land as conveyed to
  Harry Simon, et ux, by deed recorded in Volume 1309 Page 104 of the
  Official Public Records of Hays County, Texas, and for an angle
  corner of that certain (128.22 acre) tract of land as conveyed to
  Barry Walker and Michael Kenoyer by Warranty Deed recorded in
  Volume 1675 Page 734 of the Official Public Records of Hays County,
  Texas, and from which a 3/8" iron rod found for an angle corner in
  the East line of said Walker and Kenoyer (1298.22 acre) tract bears
  S 01 deg. 33' 30" W 327.34 ft.;
  THENCE with the South line of said Johnson (120.00 acre) tract, N 89
  deg. 59' 45" W 1150.77 ft. to a two inch (2") metal fence corner post
  for the Southwest corner of said Johnson (120.00 acre) tract and for
  an angle corner of said Walker and Kenoyer (1298.22 acre) tract;
  THENCE with the common line of said Johnson (120.00 acre) tract and
  said Walker and Kenoyer (1298.22 acre) tract, N 00 deg. 05' 55" W
  866.04 ft. to a point for the Southwest corner and PLACE OF
  BEGINNING of the herein described tract;
  THENCE continuing with the common line of said Johnson (120.00
  acre) tract and said Walker and Kenoyer (1298.22 acre) tract, N 00
  deg. 05' 55" W 3608.01 ft. to a ½" iron rod found for the Northwest
  corner of said Johnson (120.00 acre) tract and for the Northeast
  corner of said Walker and Kenoyer (1298.22 acre) tract, and for an
  angle corner in the South line of that certain (226.20 acre) tract
  of land as conveyed to Kimbo Investments Limited Partnership by
  deed recorded in Volume 1487 Page 474 of the Official Public Records
  of Hays County, Texas, and being the Northwest corner of this tract;
  THENCE with the North line of said Johnson (120.00 acre) tract, the
  following two (2) courses;
  1)  S 88 deg. 08' 08" E 414.16 ft. to a 60D nail set in a fence angle
  post;
  2)  N 87 deg. 55' 49" E 749.94 ft. to a 60D nail found in the top of a
  fence corner post (remnant of a broken 4"x4" concrete monument
  found lying next to post) for the Northeast corner of said Johnson
  (120.00 acre) tract and being the northerly Northeast corner of
  this tract;
  THENCE with the East line of said Johnson (120.00 acre) tract, the
  following five (5) courses;
  1)  S 00 deg. 31' 56" E 904.11 ft. to a ½" iron rod found at a fence
  corner post;
  2)  S 00 deg. 28' 10" E 351.91 ft. to a ½" iron rod found at a fence
  corner post;
  3)  S 00 deg. 08' 50" E 400.35 ft. to a ½" iron rod set with a
  plastic cap imprinted with "Carson and Bush Professional Surveyors"
  at a fence corner post for the Northwest corner of that certain
  (56.27 acre) tract of land as conveyed to B.L. Johnson, et ux, by
  deed recorded in Volume 728 Page 438 of the Real Property Records of
  Hays County, Texas;
  4)  S 00 deg. 11' 02" W 459.51 ft. to a point;
  5)  S 02 deg. 55' 19" E at 178.59 ft. passing a bent 60D nail found
  in a rock and continuing with the same bearing for a total distance
  of 206.45 ft. to a point for an angle corner of this tract;
  THENCE crossing the interior of said Johnson (56.27 acre) tract,
  the following twelve (12) courses;
  1)  S 77 deg. 05' 07" E 69.09 ft. to a ½" iron rod set;
  2)  S 88 deg. 45' E 75.20 ft. to a ½" iron rod set;
  3)  S 84 deg. 41' E 94.73 ft. to a ½" iron rod set;
  4)  S 65 deg. 50' 39" E 46.68 ft. to a ½" iron rod set;
  5)  S 73 deg. 56' 29" E 119.11 ft. to a ½" iron rod set with a
  plastic cap imprinted with "Carson and Bush Professional
  Surveyors";
  6)  S 61 deg. 05' E 103.62 ft. to a ½" iron rod set;
  7)  S 58 deg. 32' 24" E 54.95 ft. to a ½" iron rod set;
  8)  S 82 deg. 30' 40" E 47.93 ft. to a ½" iron rod set;
  9)  N 83 deg. 09' 17" E 91.07 ft. to a ½" iron rod set;
  10)  N 80 deg. 49' 48" E 45.36 ft. to a ½" iron rod set with a
  plastic cap imprinted with "Carson and Bush Professional
  Surveyors";
  11)  N 76 deg. 01' 35" E 229.85 ft. to a ½" iron rod set with a
  plastic imprinted with "Carson and Bush Professional Surveyors";
  12)  N 86 deg. 28' 22" E 326.01 ft. to a point in the approximate
  centerline of Bell Springs Road and in the East line of said Johnson
  (56.27 acre) tract, and being the easterly Northwest corner of this
  tract;
  THENCE with the approximate centerline of Bell Spring Road and with
  the East line of said Johnson (56.27 acre) tract, the following
  three (3) courses;
  1)  S 21 deg. 22' 44" E 92.56 ft.;
  2)  S 03 deg. 53' W 76.71 ft.;
  3)  S 15 deg. 03' 16" W 71.03 ft. to a point for the easterly
  Southeast corner of this tract;
  THENCE leaving the centerline of Bell Springs Road and crossing the
  interiors of said Johnson (56.27 acre) and (120.00 acre) tracts,
  respectively, the following twenty-nine (29) courses;
  1)  S 87 deg. 00' W 121.29 ft.;
  2)  S 66 deg. 17' 07" W 147.01 ft.;
  3)  S 60 deg. 14' 31" W 107.95 ft.;
  4)  S 20 deg. 11' 34" W 85.58 ft.;
  5)  S 74 deg. 47' 20" E 103.71 ft.;
  6)  S 49 deg. 58' 19" W 80.43 ft.;
  7)  S 38 deg. 33' 16" W 189.44 ft.;
  8)  S 89 deg. 24' 09" W 61.41 ft.;
  9)  S 56 deg. 26' 24" W 147.12 ft.;
  10)  S 29 deg. 52' 49" W 161.04 ft.;
  11)  S 04 deg. 23' 11" W 128.88 ft.;
  12)  S 11 deg. 32' 31" E 52.83 ft.;
  13)  S 45 deg. 30' 40" W 198.97 ft.;
  14)  S 13 deg. 34' 44" W 75.22 ft.;
  15)  S 39 deg. 09' 44" W 282.63 ft.;
  16)  S 72 deg. 32' W 108.87 ft.;
  17)  S 83 deg. 56' 30" W 121.64 ft.;
  18)  S 01 deg. 09' 24" E 100.82 ft.;
  19)  S 87 deg. 29' 28" W 55.83 ft.;
  20)  N 67 deg. 16' 44" W 106.19 ft.;
  21)  S 75 deg. 48' 38" W 204.32 ft.;
  22)  N 78 deg. 46' 35" W 211.83 ft.;
  23)  N 29 deg. 32' 24" W 39.48 ft.;
  24)  N 01 deg. 15' 00" E 160.45 ft.;
  25)  N 88 deg. 45' 00" W 50.00 ft.;
  26)  N 01 deg. 15' 00" E 57.73 ft. to a non-tangent point of
  curvature;
  27)  Along a curve to the right with a radius of 65.00 ft. for an arc
  length of 145.96 ft. and which chord bears N 03 deg. 05' 08" W 117.17
  ft.;
  28)  N 05 deg. 25' W 7.00 ft.;
  29)  S 90 deg. 00' 00" W 538.74 ft. to the PLACE OF BEGINNING
  containing 127.95 acres of 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 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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4056 was passed by the House on May 9,
  2007, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4056 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor