|
|
|
|
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 |