PETITION FOR CREATION OF
WHITETAIL ESTATES WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1
THE
STATE OF
§
TO THE HONORABLE
The undersigned (herein the “Petitioners”), being at least fifty (50) persons holding title to the land within the boundaries hereinafter described by metes and bounds in Exhibit “A” attached hereto and hereby incorporated herein by reference, and acting pursuant to the provisions of Chapters 49 and 51, Texas Water Code, respectfully petition the Commissioners Court of Williamson County, Texas, for the creation of a water control and improvement district to be known as Whitetail Estates Water Control and Improvement District No. 1 (the “District”) and would show the following:
I.
The
name of the proposed District shall be WHITETAIL ESTATES WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1. There is no
other water control and improvement district within
II.
The District shall be created and organized under the terms and provisions of Article XVI, Section 59, of the Constitution of Texas and Chapters 49 and 51, Texas Water Code, and shall have all the rights, powers, privileges, authority and functions conferred by and be subject to all duties imposed by the Texas Water Code and the general laws relating to water control and improvement districts; provided, however, the District shall not have any of the powers provided for in Section 51.331, Texas Water Code, at this time.
III.
The
District shall contain an area of approximately 891 acres of land, more or
less, situated in
IV.
The Petitioners are at least fifty
(50) persons who hold title to land proposed to be included within the District
as indicated by the tax rolls of
V.
The District shall have all of the powers authorized for water control and improvement districts under Chapters 49 and 51, Texas Water Code and other provisions of law; provided, however, nothing herein shall be construed to give the District the powers described in Section 51.331, Texas Water Code. Without limiting the generality of the foregoing, the purposes of the district will include the control, storage, preservation, and distribution of its water for useful purposes, including the purchase, acquisition, maintenance, ownership, and operation of works and improvements necessary to supply water for domestic uses.
VI.
The general nature of the work proposed to be done by the District at the present time is to investigate, acquire, construct, own, maintain, and operate necessary improvements, works, and facilities, and acquire water rights and all other properties, land, tenements, materials, easements, rights-of-way, and everything considered necessary, incident, or helpful to accomplish by any practicable means any one or more of the purposes authorized for the District.
VII.
There is, for the following reasons, a public necessity for the above-described work. The territory within the proposed District is an area which currently receives water service through individual on-site water wells. Many of these wells have not produced a dependable supply of water for domestic purposes. The health and welfare of the present and future inhabitants of the area require a dependable potable water supply and facilities that are adequate to supply water for domestic purposes. A public necessity therefore exists for the creation of the District, since such District will be empowered to accomplish the above purposes. For the same reasons, the land to be included and the residents of the proposed District will be benefited by the creation of the District and the creation of the District will further the public welfare.
VIII.
The proposed improvements are feasible and practical, and the terrain of the territory to be included in the proposed District is such that a potable water distribution system can be constructed, operated, and maintained at a reasonable cost. A preliminary investigation has been made to determine the costs of constructing and maintaining the proposed District’s project, and it is now estimated by Petitioners, from such information as they have at this time, that such cost will be approximately $1,800,000.
IX.
Petitioners will, at the time of hearing on this petition, recommend five persons for appointment by the Court to serve as temporary directors of the District until such time as they may be replaced by or become the duly elected and qualified directors in accordance with the provisions of Section 49.102, Texas Water Code. Each of these persons will be a resident of the state, own land subject to taxation in the proposed District, be at least 18 years of age, and not be disqualified from serving as director.
X.
WHEREFORE, Petitioners pray that this petition be properly filed as provided by Chapter 51, Texas Water Code; that it be set down for hearing at a date as set forth therein; that notice of hearing be given as provided therein; that this petition be heard and granted in all respects; that the District be created; that five directors be appointed by the Court; that the County Judge and Commissioners Court of Williamson County authorize the inclusion of the land described herein within the District; and that such other orders, acts, procedures and relief be granted as are necessary and proper to the creation and organization of the District.
RESPECTFULLY SUBMITTED, this ______ day of ____________, 2004.
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