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~, ~` ~
COMMISSIONERS' COURT AGENDA REDDEST
*PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Headwaters Underground Water
Conservation District, Kerr
County, Texas
MEETING DATE: August 2z, 1991
OFFICE:
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Tni nt P~Pnf'l nn nn Nnvamhar S- lQQ _ RPP
letter to Kerr County Commissioners Court attached to this Agenda Reau~t.
EXECUTIVE SESSION REQUESTED: YES yX NO
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION: 5-10 minutes
PERSONNEL MATTER - NAME OF EMPLOYEE: n/a
NAME OF PERSON ADDRESSING THE COURT: Tobin M. Parker, Temporary Director
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 15 as follows:
* Meetings held on second Monday: 12:00 P.M. previous Wednesday
* Meetings held on Thursdays: 5:00 P.M. previous Thursday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON : ~
All Agenda Requests will be screened by the County Judge's Office to determine if
adequate information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
"' your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
August 15, 1991
Kerr County Commissioners Court
Kerr County Courthouse
Kerrville, TX 78028
Gentlemen:
The Headwaters Underground Water Conservation District
("District"), Kerr County, Texas, created pursuant to HB 1463, a
governmental agency and a body politic and corporate, to be
effective August 26, 1991, is to govern within the boundaries of
the District (the boundaries of the District being coextensive with
the boundaries of Kerr County), by a board of five (5) directors.
Until the initial directors are elected, qualified temporary
directors shall serve. The temporary directors named in HB 1463
w.. are George A. Holekamp, Madge Parmley Reid, Thomas Syfan, Eddie E.
Taylor and Tobin M. Parker.
The temporary board shall call and hold an election to confirm
establishment of the District and to elect five (5) initial
directors. This election must be conducted as provided by Sections
52.059(b)-(g), Water Code, and the Election Code.
The District does not have any funds with which to conduct the
election.
The District requests of the
Court that the District be granted
County in the County's November 5,
end have the matters the temporary
have, either placed on the same ba
separate ballot.
County Commissioners and its
the right to join with the
1991 election (the "election"),
board is required by statute to
llot used by the County or a
The District requests use of the same precincts and polling
places and ballot boxes for the election as to be used by the
County so to meet the needs of all voters, including absentee
voting.
Kerr County Commissioners Court
August 15, 1991
Page 2
The District requests that the same election judges and clerks
utilized in the election by the County be utilized by the District
and that the County Clerk also serve as the absentee voting clerk.
The District also requests contracting the County Commission-
ers to canvas the vote.
The ballot for the District must be printed to provide for
voting for or against the proposition: The creation of the
Headwaters Underground Water Conservation District".
The ballot will also set forth the names of the persons who
have timely filed proper application with the temporary board
together with the names of the five (5) temporary directors, and
five (5) blank spaces to write in the names of other persons.
The ballot will not set forth any provision for the levy of a
maintenance tax for payment of the District's expenses.
The District further requests that the entire expense of the
District's election be born and paid for through the funds
administered by the Commissioners Court.
Further, the District requests that Kerr County, through its
""' duly authorized person(s), separately and/or by joining with the
District, make timely application with all proper authorities, to
hold this joint election, the costs of such filing, if any,
considered as an election expense.
These requests are made by the temporary directors, prior to
the District becoming effective, and do not warrant the validity of
same. Therefore, these requests are made, to be effective as of
August 26, 1991.
Thank you for your courtesies in these matters.
HRADWATERS UNDERGROUND IdATF.R
CONSERVATION DISTF.ICT, KF.RR,
COUNTY, TEXAS, by it emporary
Directors__ ~
~~~
By: %"`;-
.in M. Par er, Temporary
Director
-TEXAS LEGISLATIVE SERVICE HB 1463
. ~. AS FINALLY PASSED AND
SENT TO THE GOVERNOR
4-196
1 AN ACT
2 relating to the creation, administration, powers, duties,
3 operation, and financing of the Headwaters Underground Water
4 Conservation District.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
6 SECTION I. CREATION. (aJ An underground water conservation
7 district, to be known as the Headwaters Underground Water
8 Conservation District, is created in Kerr County, subject to
9 approval at a confirmation election under Section 8 of this Act.
10 The district is a governmental agency and a body politic and
11 corporate.
12 (b) The district is created under and is essential to
13 accomplish the purposes of Article XVI, Section 59, of the Texas
14 Constitution.
15 SECTION 2. DEFINITIONS. In this Act, "district" means the
16 Headwaters Underground Water Conservation District.
17 SECTION 3. BOUNDARIES. The boundaries of the district are
IB Coextensive with the boundaries of Kerr County.
19 SECTION 4. FINDING OF BENEFIT. Ail of the land and other
20 property included within the boundaries of the district will be
21 benefited by the works and projects that are to be accomplished by
i.
22 the district under pdwezs conferred by Article XVI, Section 59, of
23 the Texas Constitution. The district is created to serve a public
24 use and benefit.
1
H.H. No. 1463
1 SEC°ION 5. POWERS. (a) The district has all of the rights,
2 powers, privileges, authority, functions, and duties provided by
3 the general law of this state, including Chapters 50 and 52, Water
4 Code, applicable to underground water conservation districts
5 created under Article XVI, Section 59, of the Texas Constitution.
6 This Act prevails over any provision of general law that is in
7 conflict or inconsistent with this Act.
8 (b) The rights, powers, privileges, authority, functions,
9 and duties of the district are subject to the continuing right of
10 supervision of the state to be exercised by and through the Texas
11 Water Commission.
12 SECTION 6. BOARD OF DIRECTORS. (a) The district is
13 governed by a board of five directors.
14 (b) Temporary directors serve until initial directors are
15 elected under Section 8.
16 (c) Initial directors serve until permanent directors are
17 elected under Section 9.
18 (d) Permanent directors serve staggered four-year terms.
19 (e) Each director must qualify to serve as director in the
20 manner provided by Sections 51.078 and 51.079, Water Code.
21 (f) A director serves until the director's successor has
22 qualified.
23 (g) The directors serve without compensation; but are
24 entitled to reimbursement Eor actual expenses incurred in tie
25 performance of activities related to district business including
26 education, gravel and seminars.
27 SECTION 7. T=ttPORARZ DIAECTO?S. (a) The temporary bcard o:
2
t
{
H.H. No. 1463
,~,1 directors is composed of:
2 (1) George Holekamp
3 (2) Madge Parmley Aeid
4 (3) Thomas Syfan
5 (4) Eddie Taylor
6 (5) Tobin Parker
7 (b) If a temporary director fails to qualify for office, the
8 temporary directors who have qualified shall appoint a person to
9 fill the vacancy. If at any time there are fewer than three
30 qualified temporary directors, the Texas Water Commission shall
11 appoint the necessary .number of persons to fill all vacancies on
12 the board.
13 SECTION 8. CONFIRMATION AND INITZAL DIRECTORS' ELECTION.
t4 {a) The temporary board of directors shall call and hold an
5 election to confirm establishment of the district and to elect five
16 initial directors. '
17 (b) A person who desires to be a candidate for the office of
18 initial director may file an application with the temporary board
19 to have the candidate's name printed on the ballot as provided by
. 20 Section 51.075, Water Code.
21 (e) At the confirmation and initial directors' election, the
22 temporary board of directors shall have the names of thejfive
23 persons serving as temporary 'directors placed on the ballot
24 together with the name of any candidate filing far the office of
25 director as provided by Subsection (b) of this section and blank
26 spaces to write in the names of other persons. If the district is
27 created at the election, the temporary directors, at the time the


H.B. No. .1463
' vote is canvassed, shall declare the Five persons who receive the
2 p most votes to be elected as the initial directors and shall include k~
3 the results of the directors' election in its election reoc:t to
4 the Texas Water Commission.
5 (d) Section 41.001(a), Election Code, does not aooly to a
6 confirmation and initial directors' election held as provided by
7 'this section.
8 (e) Except as provided by this section, a confirmation a..^.d
9 initial directors' election must be conducted as provided by
tD Sections 52.059(b)-(q), Water Code, and the Election Code.
ll SECTION 9. ELECTION OF DIRECTORS. On the first Saturday in
l2 May of the second year after the year in which the district is
l3 authorized to be created at a confirmation election, an~ a/action
l4 shall be held in the distric_ for the election of two directors who
l5 " shall each serve two-year terms and three directors who sha:'_ each
l6 serve four-year terms. Thereafter, on the same date in each
!7 subsequent second year, the appropriate number of directors shall
!8 be elected to the board.
l9 SECTION 10. ADDITIONAL AUTHORITY. (a) The district shall
t0 contract with Kerr County or a river authority whose boundaries are
11 coextensive with the district's boundaries for services available
22 from the county or river authority that directly relate to the
t3 district's activities. Any party to a contract required by this
Z4 subsection may petition the commission to resolve any dispute
25 arising out of the tort:arc.
t6 (b) The district may contract with a state agency or a-cther
t7 governmental body to carry out any °_unecion of the district.
i
i
3
H.B. No. 1463
.' 1 SECTION 11. PROHIBITED ACTS. The district may not sell,
2 donate, lease, or otherwise grant rights in or to underground water
3 located in the district.
4 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
5 (a) The proper and legal notice of the intention to introduce this
6 Act, setting forth the general substance of this Act, has been
7 published as provided by law, and the notice and a copy of this Act
8 have been furnished to all persons, agencies, officials, or
9 entities to which they are required to be fuznished by the
10 constitution and other laws of this state, including the governor,
11 who has submitted the notice and Act to the Texas Water Commission.
12 (b) The Texas Water Commission has filed its recommendations
13 relating to this Act with the governor, lieutenant governor, and
'14 speaker of the house of representatives within the required time.
15 (c) All requirements of the constitution and laws of this
'"- 6 •state and the rules and procedures of the•legislature with respee_
17 to the notice, introduction, and passage of this Act are fulfilled
18 and accomplished.
19 SECTION 13. EMERGENCY. The importance of this legislation
20 and the crowded condition of the calendars in both houses create an
21emergency and an imperative public necessity that the
22 constitutional rule requiring bills to be read on three several
23 days in each house be~susaended, and this rule is hereby suspended,
24 and that this Act take effect and be in force from and after its
25 passage, and it is so enacted.
5
H.3. No. I4a3
President of the Senate Speaker of the House
I certify that H.H. No. 1463 was passed by the House on May
2, 1991, by the Following vote: Yeas 144, Nays 0, 1 present, not.
voting; and that the House concurred in Senate amendments to F_.e.
Na. 1463 on flay 23, 1991, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 1463 was passed by the Senate, with
amendments, on May 21, 1991,-by the following vote: Yeas 31, Nays
0.
Secretary of the Senate
APPROVED:
Date
Governor
6
~Rti~ ~ 20501
P~P~~ ~ ~~~~O~I~N,`,~,g~91
1~ Z~yy DIII S~`~~"
WAZ'~
Au~5t 22 1991
vo1 S Page 3'1'7