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  S.B. No. 401
 
 
 
 
AN ACT
  relating to the creation of the Moore Farm Water Control and
  Improvement District No. 1 of Kaufman 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 I, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 9014 to read as follows:
  CHAPTER 9014.  MOORE FARM WATER CONTROL AND IMPROVEMENT DISTRICT
  NO. 1 OF KAUFMAN COUNTY
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 9014.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Moore Farm Water Control and
  Improvement District No. 1 of Kaufman County.
         Sec. 9014.002.  NATURE OF DISTRICT. The district is a water
  control and improvement district in Kaufman County created under
  and essential to accomplish the purposes of Section 59, Article
  XVI, Texas Constitution.
         Sec. 9014.003.  CONFIRMATION ELECTION REQUIRED. If the
  creation of the district is not confirmed at a confirmation
  election held under Section 9014.024 before September 1, 2011:
               (1)  the district is dissolved September 1, 2011,
  except that the district shall:
                     (A)  pay any debts incurred;
                     (B)  transfer to Kaufman County any assets that
  remain after the payment of debts; and
                     (C)  maintain the organization of the district
  until all debts are paid and remaining assets are transferred; and
               (2)  this chapter expires September 1, 2014.
         Sec. 9014.004.  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 9014.005-9014.020 reserved for expansion]
  SUBCHAPTER A-1.  TEMPORARY PROVISIONS
         Sec. 9014.021.  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
  9014.024; or
               (2)  the date this chapter expires under Section
  9014.003.
         Sec. 9014.022.  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 directors shall meet at the Kaufman County
  Courthouse. At the meeting, the temporary directors shall elect
  officers from among the temporary directors and conduct any other
  district business.
         Sec. 9014.023.  CONSENT OF MUNICIPALITY REQUIRED.  The
  temporary directors may not hold an election under Section 9014.024
  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.
         Sec. 9014.024.  CONFIRMATION AND INITIAL DIRECTORS'
  ELECTION.  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.
         Sec. 9014.025.  INITIAL ELECTED DIRECTORS; TERMS.  The
  directors elected under Section 9014.024 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. 9014.026.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires September 1, 2014.
  [Sections 9014.027-9014.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 9014.051.  DIRECTORS; TERMS. (a)  The district is
  governed by a board of five directors.
         (b)  Directors serve staggered four-year terms.
  [Sections 9014.052-9014.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 9014.101.  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.
         Sec. 9014.102.  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 all applicable construction
  standards, zoning and subdivision requirements, and regulatory
  ordinances or orders of:
               (1)  each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located; and
               (2)  each county in which the district is located.
         (c)  The district may not undertake a road project unless:
               (1)  each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located consents by
  ordinance or resolution; and
               (2)  each county in which the district is located
  consents by order or resolution.
         Sec. 9014.103.  DIVISION OF DISTRICT.  (a)  The district may
  be divided into two new districts only if the district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         (b)  The division procedure is prescribed by 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)  Any new district created by the division of the district
  may not, at the time the new district is created, contain any land
  outside the area described by Section 2 of the Act creating this
  chapter.
         Sec. 9014.104.  DISSOLUTION OF DISTRICT.  (a)  Before
  December 31, 2017, the district may not be dissolved unless the
  dissolution is approved by:
               (1)  the board; and
               (2)  the governing body of each municipality in whose
  corporate limits or extraterritorial jurisdiction the district is
  located.
         (b)  This section expires December 31, 2017.
  [Sections 9014.105-9014.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 9014.151.  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 9014.201.
  [Sections 9014.152-9014.200 reserved for expansion]
  SUBCHAPTER E.  BONDS
         Sec. 9014.201.  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 a project
  under Section 9014.101 or 9014.102.
         (b)  The district may not issue bonds or other obligations to
  finance projects authorized by Section 9014.102 unless the issuance
  is approved by a vote of a two-thirds majority of the district
  voters voting at an election called for that purpose.
         (c)  Bonds or other obligations issued or incurred to finance
  projects authorized by Section 9014.102 may not exceed one-fourth
  of the assessed value of the real property in the district.
         SECTION 2.  The Moore Farm Water Control and Improvement
  District No. 1 of Kaufman County initially includes all the
  territory contained in the following area:
  BEING a tract or parcel of land situated in the Kaufman County
  Texas, and being in the F. L. Boyd Survey, Abstract Number 48, the
  F. I. Boyd Survey, Abstract Number 35, the W. Crabtree Survey,
  Abstract Number 59, thc J. Casillas Survey, Abstract Number 54, and
  the J. Casillas Survey, Abstract Number 86, Elizabeth Graves
  Survey, Abstract Number 87 and Abstract Number 168, B.B.B.& C.
  Railroad Company Survey, Abstract Number 72, and being part of the
  tracts of land describcd by Deed in Volume 598, Page 189, Decd
  Records, Kaufman County, Tcxas, and being more particularly
  described as follows:
  BEGINNING at a point for corner in County Road 243, (gravel road),
  and County Road 245, (gravel road), and being the northern corner of
  the B.B.B. & C. Railroad Company Survey;
  THENCE South 45°40'35" East, along County Road 245, and along the
  southwestern line of a 107.5 acre tract described in Volume 505,
  Page 165, Deed Records, Kaufman County, Texas, and a 60.85 acre
  tract described in Volume 445, Page 234, Deed Records, Kaufman
  County, Texas, a distance of 1803.57 feet to a point for corner from
  which a ½" iron rod bears South 42°25'52" West, at a distance of
  29.00';
  THENCE South 42°25'52" West, along a northeast line of a 9.92 acre
  tract described in Volume 780, Page 98, and a 30 acre described in
  Volume 675, Page 811, and a 149.9 acre tract described in Volume
  713, Page 761, Deed Records, Kaufman County, Texas, a total
  distance of 3994.76 feet to a 5/8" iron rod with yellow cap marked
  Cotton Surveying for corner;
  THENCE North 46°13'28" West, along southeast line of said 149.9 acre
  tract, a distance of 1884.20 feet to County Road 243 and a point for
  corner from which a 1/2" iron rod bears South 46°13'28" East, at a
  distance of 26.21 feet;
  THENCE South 43°35'22" West with said County Road 243, a distance of
  2399.33 feet to a point for corner from which a 5/8" iron bears
  North 45°36'33" West, at a distance of 27.78 feet;
  THENCE North 45°36'33" West along the northeast line of a 134.39
  acre tract described in Volume 2770, Page 243, Deed Records,
  Kaufman County Texas, a distance of 2283.55 feet to a 1" iron rod
  found for corner;
  THENCE North 45°27'16" West along the northeast line of a 96.2 acre
  tract described in Volume 537, Page 38, a distance of 2437.00 feet
  to a 5/8" iron rod with yellow cap marked Cotton Surveying for
  corner;
  THENCE South 43°55'38" West along said 96.2 acre tract a distance of
  2673.07 feet to a 5/8" iron Rod with yellow cap marked Cotton
  Surveying for corner in the northeast Right-of-Way of State Highway
  205;
  THENCE North 46°18'10" West along the said Right-of-Way State
  Highway 205 a distance of 4038.20 feet to a 1" pipe found for
  corner, passing at 3516.00 feet the centerline of a 135 foot City of
  Dallas waterline easement and passing the centerline of a 70.00
  electrical easement at approximately 2551.00 feet described in
  Volume 490, Page 6 of the Deed Records of Kaufman County Texas;
  THENCE North 43°14'48" East along the south line of a 15.97 acre
  tract described in Volume 1166, Page 260, Deed Records of Kaufman
  County, Texas, a distance of 1325.10 feet to a 5/8" iron rod with
  yellow cap marked Cotton Surveying for corner, and passing
  centerline of said 70.00 foot electrical easement at approximately
  1000.00 feet;
  THENCE North 45°47'15" West along east line of said 15.97 acre tract
  and tracts north of said tract, a distance of 1717.00 feet to a
  steel fence post for corner, passing centerline of said 70.00 foot
  electrical easement at approximately 362.00 feet;
  THENCE North 88°47'0ó" East, to a southwest line of Highpoint Lake
  Estates, Section 2, as described in Cabinet F, Slide 363,
  P.R.R.C.T., a distance of 7910.95 feet to a 5/8" iron rod with
  yellow cap marked Cotton Surveying for corner;
  THENCE South 45°29'57" East, along said Highpoint Lake Estates,
  Section 2, a distance of 203.09 feet to a steel fence post for
  corner;
  THENCE South 43°53'41" West along a 83.4 acre tract described in
  Volume 407, Page 32, of the Deed Records, Kaufman County, Texas, a
  distance of 555.35 feet to a steel fence post for corner;
  THENCE South 46°14'56" East along said 83.4 acre tract a distance of
  1316.10 feet to a steel fence post for corner, passing a City of
  Dallas brass monument at 1046.01 feet;
  THENCE North 43°49'11" East along said 83.4 acre tract, a distance
  of 1346.18 feet to a point for steel fence post for corner, and
  passing a City of Dallas brass monument at 574.00 feet;
  THENCE South 46°31'59" East along a 40.25 acre tract described in
  Volume 407, Page 32, of the Deed Records of Kaufman County, Texas, a
  distance of 1307.02 feet to a steel fence post for corner;
  THENCE South 45°44'40" East along a 61.75 acre tract described in
  Volume 692, Page 335, Deed Records, Kaufman County, Texas a
  distance of' 2067.33 feet to a point for corner from which a ½" iron
  rod hears North 45°44'40" West at 20.00 feet;
  THENCE North 43°35'22" East along said 61.75 acre tract, a distance
  of 1321.92 feet to the POINT OF BEGINNING and containing 1185 00
  acres of land, more or less.
  FIELD NOTES - TRACT 2
  BEING a tract or parcel of land situated in the Kaufman County
  Texas, and being in the Elizabeth Graves Survey Abstract Number 87
  and Abstract Number 168, and being part of the tracts of land
  described by Deed in Volume 598, Page 189, Dud Records, Kaufman
  County, Texas; and being more particularly described as follows:
  BEGINNING at a point for corner in County Road 243, (gravel road),
  and County Road 245, (gravel road), and being the south corner of
  the Elizabeth Graves Survey;
  THENCE North 45°24'59" West, with said County Road 245, and a 61.75
  acre tract as described in Volume 692, Page 335, and a 41.25 acre as
  described in Volume 407, Page 32, both of Deed Records, Kaufman
  County, Texas, a distance of 2773.27 feet to a 5/8" iron rod with
  yellow cap marked Cotton Surveying for corner;
  THENCE North 44°02'38" East, along a 20.00 acre tract described in
  Volume 701, Page 356, Deed Records Rockwall County Texas, a
  distance of 259.80 feet to a 5/8" iron rod with yellow cap marked
  Cotton Surveying for corner;
  THENCE North 88°47'06" East, to an unfiled 80.00 acre tract
  described to H. Logan Swords, a distance of 1880.48 feet to a 5/8"
  iron rod with yellow cap marked Cotton Surveying for corner;
  THENCE South 45°55'58 East, along said tract, a distance of 1451.73
  feet to a 5/8" iron rod with yellow cap marked Cotton Surveying for
  corner;
  THENCE South 44°07'26" West, along County Road 243, and a 108.0)
  acre tract described in Volume 505, Page 165, Deed Records Kaufman
  County Texas, a distance of 1621,03 feet to the POINT OF BEGINNING
  and containing 82.14 acres of land, more or less.
  FIELD NOTES - TRACT 3
  BEING a tract or parcel of land situated in the Kaufman County and
  Rockwall County, Texas, and being in the Elizabeth Graves Survey
  Abstract Number 87 and Abstract Number 168, and being part of the
  tracts of land described by Deed in Volume 598, Page 189, Deed
  Records, Kaufman County Texas; and being more particularly
  described as follows:
  Beginning at a point for corner in County Road 243, North 44°24'36"
  East, a distance of 4466.23 feet from the intersection of County
  Roads 243 & 245 from which a steel fence post bears North 58°33'58"
  West at 5.19 feet;
  THENCE North 45°59'55" West, along a 4 acre tract described in
  Volume 560, Page 436, and a 50 acre tract described in Volume 536,
  Page 417, both of Deed Records, Kaufman County Texas, a distance of
  1203.75 feet to a 5/8" iron rod with yellow cap marked Cotton
  Surveying for corner;
  THENCE South 44°14'40" West, along said 40 acre tract, a distance of
  1370.52 feet to a 5/8" iron rod with yellow cap marked Cotton
  Surveying for corner;
  THENCE North 00°00'00" East, to a 369.5 acre tract described as
  second tract in Volume 536, Page 501, Deed Records, Kaufman County
  Texas, a distance of 1719.88 feet to a 5/8" iron rod with yellow cap
  marked Cotton Surveying for corner;
  THENCE North 44°00'30" East, along said 369.5 acre tract, a distance
  of 476.97 feet to a 5/8" iron rod with yellow cap marked Cotton
  Surveying for corner;
  THENCE North 45°32'36" West, along said 369.5 acre tract, a distance
  of 147.22 feet to a wooden fence post for corner;
  THENCE North 44°21'46" East, along said 369.5 acre tract, a distance
  of 2968,83 feet to County Road 255, to a 5/8" iron rod with yellow
  cap marked Cotton Surveying for corner;
  THENCE South 45°32'36" East, along said County Road, a distance of
  882.22 feet to a 5/8" iron rod with yellow cap marked Cotton
  Surveying for corner from which a ½" iron rod bears South 44°27'33"
  west at a distance of 18.00 feet;
  THENCE South 44°27'34" West, along a 4.01 acre tract described in
  Volume 2143, Page 422, and a 50 acre tract described in Volume 157,
  Page 301, both of Deed Records Kaufman County, Texas, a distance of
  2967.73 feet to a wooden fence post for corner;
  THENCE South 46°00'38" East, along said 50 acre tract and a 25 acre
  tract described in Volume 1033, Page 129, Deed Records Kaufnan
  County Texas, a distance of 470.54 feet to a 5/8" iron rod with
  yellow cap marked Cotton Surveying for corner;
  THENCE South 45°59'55" East, along said 25 acre tract, a distance of
  1206.40 feet to a point for corner, from which a 5/8" iron rod with
  yellow cap marked Cotton Surveying, bears North 45°59'55" East at a
  distance of 10.00 feet;
  THENCE South 43°27'02" West, along County Road 243, a distance of
  339.01 feet to the POINT OF BEGINNING and containing 99.42 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 hereby certify that S.B. No. 401 passed the Senate on
  April 19, 2007, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 401 passed the House on
  May 23, 2007, by the following vote:  Yeas 144, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor