2024-004 RESOLUTIONNO, RESOLUTIONTO. ADOPT A CONCURRENT ORDINANCEUNDER SUBTITLE C, CHAPTER 572 OF THE TEXAS LOCAL GOVERNMENT CODE, CHANGING THE PUBLIC ENTITIES THAT PARTICIPATE IN' THE FANNIN COUNTY WATER SUPPLY AGENCY. WHEREAS, The Fannin County Water Supply Agency was created in 2005 under Subtitle C, Chapter 572 of the Texas Local Government Code formally known as, Subchapter C Chapter 422 oft the Texas Local Government Code, which authorizés the creation and administration ofa "Public Utility Agency" by two or more publiç entities to plan, finance, construct, own, operate, or maintain facilities necessary or incidental to the collection, storage, transportation, treatment, or distribution of water, including a plant site, right-of-way and property, equipment, or right of any kind useful in connection therewith; and WHEREAS, Fannin County water suppliers currently rely on groundwater but draw down in the Trinity Aquifer is expected to prevent any substantial increase in groundwater use; and WHEREAS, Farinin County is located in the Region C Water Planning Group, established pursuant to Senate Bill (1997) and the Texas Water Development Board, and the 2001 Region C Water Plan calls for Fannin County water suppliers to develop a regional surface water supply system; and WHEREAS, the following named public entities are named members of the Fannin County Water Supply Agency; Bois D'Arc Municipal Utility District, the City of Bailey, the City * of Bonham, the City of Dodd City, the City of Honey Grove, the City of Ladonia, the City of Leonard, the City of Savoy, City ofTrenton, the City ofWhitewright, the County ofl Fannin, Gober Municipal Utility District, Southwest Fannin County Special Utility District, Hickory Creek Special Utility District and the Town of Windom, the City of Ector and Lannius Municipal Utility District; and WHEREAS, the following Public Entity desires to become a participating entity in the FANNIN COUNTY WATER SUPPLY AGENCYtO coordinate.their efforts to plan, develop and contract for a regional surface water supply system to satisfy future water supply requirements in Fannin County: Hickory Creek Special Utility District; and WHEREAS, the City of Ector requested to be removed from the FANNIN COUNTY WATER SUPPLY AGENCY. Lannius Municipal Water District has been absorbed into Bois D'Arc Municipal Water District and Lannius Municipal Water District no longer exists; and WHEREAS, the Participating Entities each represent and acknowledge that it qualifies as"Public Entity" pursuant to Texas Toca'Govemment Codeg 572.001(3)and1 1s authorized to engage in the conservation, storage, transportation, treatment, or distribution of watèr; Page 1 of11 CONCURRENT RESOLUTION WHEREAS, this Resolution is a' "concurrent ordinance" as that term is defined in Texas Local Government Codes 572.051(1); and WHEREAS, pursuant to the provisions oft the Act, the goveming body ofthe undersigned Participating Entity adopts this Ordinance to add and remove public entities from the. Agency. NOW THEREFORE BE IT RESOLVED THAT: . SECTION 1. Findings Incorporated. The recitals and findings contained in the preamble to this Ordinance are determined to be true and correct, and the same are incorporated into the body ofthis Ordinance as ift fully set forth herein. SECTION2. Creation ofPublic Utility Agency. Under and pursuant to the provisions of Subtitle C, Chapter 572 of the Texas Local Government Code, the Public Utility Agency was created, established, and designated the Fannin County Water Supply Agency (the 'Agency")i in 2005, as a political subdivision oft this. state and a body politics and corporate. The creation and establishment ofthe. Agency was declared to be essential to the accomplishment of the purposes of Chapter 572 oft the Texas Local Goverment Code, including such purposes as planning, financing, constructing, owning, operating or maintaining facilities necessary or incidental to the development of a regional surface water supply system to satisfy current and future water supply requirements in Fannin County, Texas. SECTION3. Membership. The Agency will be comprised ofthose. Participating Entities and the Entities that are hereby withdrawn from participating in the Agency are: the City of Ector and Lannius Municipal Utility District. The Entity that is hereby added to the Agency is Hickory Creek Special Utility District. SECTION. 4. Boundaries. The boundaries of the. Agency shall include all territory within the political boundaries oft the Members of the Agency as said boundaries are changed periodically. Page 2 of 11 CONCURRENT RESOLUTION SECTION 5. Board of] Directors. The governing body of each Member shall be entitled to appoint (1) director to the board. Within thirty (30) days ofthe effective date of this Resolution, the goveming body of each Member shall appoint a director to serve on the board of directors. Written notice of the appointee's name, address, telephone number, and e-mail address shall be mailed to 101 E: Sam Rayburn Dr. Suite 214, Bonham, Texas 75418 immediately following the appointment, (a) The place of each director shall be as follows: Place 1-Bois. D'Arc Municipal Utility District Place 2-City ofBailey Place 3-City of Bonham Place 4-City ofDodd City Place 5-City ofHoney Grove Place 6-City ofLadonia Place 7-City ofLeonard Place 8-City of Savoy Place 9-City ofTrenton Place 10-City of Whitewright Place 11-County of Fannin Place 12-Gober Municipal Water District Place 13-Southwest Fannin County Special Utility District Place 14-Town of Windom Place 15-Hickory Creek Special Utility District (b) The place of any Participating Entity that fails to become a Member ofthe Agency is Void, The place assigned to each Member in this section shall remain unchanged notwithstanding that one or more Participating Entities fails to become a Member. (c) The directors shall be divided into two classes serving staggered terms. Each class shall be as near as equal in number as possible. Directors appointed to the initial board shall draw lots to determine which directors will serve a one-year initial term and which directors will serve a. two-year initial term. Each subsequent director shall Page 3 of11 CONCURRENT RESOLUTION serve a term of two years or until a successor is appointed. A director may serve successive terms. SECTION 7. Effective Date. This Ordinance shall become effective upon it being adopted by the governing bodies oft the Participating Entities on or before February 28, 2025, which date shall be the effective date of this Ordinance provided the aforementioned condition is satisfied. ADOPTED by the Board of Directors of Bois D'Arc Municipal Utility District at a regular or speçial called meeting on the 20th day of December 2024 F Drck EfmkCBR APPROVED BW President Rhonda Grubbs Cunningham A CO APPROVED AS TO FORM. AND SUBSTANCE: ANS one Vlyyn / Secretary Donna Ryser District Counsel Maria Huynh ADOPTED by the City Council ofthe City ofE Bailey, Texas, at a regular or special called meeting on the day of 20 APPROVED BY: Mayor ATTEST: APPROVED AS TO FORM AND SUBSTANCE: City Secretary City Attorney ATTEST: Page 4 of 11 CONCURRENT RESOLUTION ADOPTED by the City Council ofthe City ofBonham, Texas, at ai regular or special called meeting on the day of 20 APPROVED BY: Mayor ATTEST: APPROVED AS TO FORM. AND SUBSTANCE: City Secretary City. Attorney ADOPTED by the City Council of the City of Dodd City, Texas, at a regular or special called meeting on the day of 20 APPROVEDBY: Mayor ATTEST: APPROVED AS TO FORM AND SUBSTANCE: City Secretary City Attorney Page 5 of 11 CONCURRENT RESOLUTION ADOPTED by the City Council of the City ofHoney Grove, Texas, at a regular or special called meeting on the day of 20 APPROVED BY: Mayor ATTEST: APPROVED AS TO FORM. AND SUBSTANCE: City Secretary City. Attorney ADOPTED by the City. Council ofthe City ofLadonia, Texas, at a regular or special called meeting on the day of 20 APPROVED BY: Mayor ATTEST: APPROVED AS TO FORMAND SUBSTANCE: City Secretary City Attomey CONCURRENT RESOLUTION Page 6 of11 ADOPTED by the City Council ofthe City ofLeonard, Texas, at a regular or special called meeting on the 5"ayof Apnil 2025. APPROVED BY: Mayor ATTEST: APPROVED AS TO FORMAND SUBSTANCE: - a City Secretary City Attomey ty of 043 3 3 Tele2 ADOPTED by the City oft the City of Savoy, Texas, at a regular or special called AIS meeting on the day of 20 APPROVED BY: Mayor ATTEST: APPROVED. AS TO FORMI AND SUBSTANCE: City Secretary City Attorney Page 7 of1 11 . CONCURRENT RESOLUTION ADOPTED by the City Council of the City ofTrenton, Texas, at a regular or special called meeting on the day of 20 APPROVED BY: Mayor ATTEST: APPROVED AS TO FORMAND SUBSTANCE: City Secretary City. Attomey ADOPTED by the City Council of the City ofWhitewright, Texas, at a regular or special called meeting on the day of 20 APPROVED BY: Mayor ATTEST: APPROVED AS TO FORM. AND SUBSTANCE: City Secretary City. Attorney Page 8 of 11 CONCURRENT RESOLUTION ADOPTED by the Commissioners Court ofthe County of Fannin, Texas, at a regular or special called meeting on the day of 20 APPROVED BY: County Judge ATTEST: APPROVED AS TO FORM AND SUBSTANCE: County Clerk County Civil Attorney ADOPTED by the Board ofDirectors ofthe Gober Municipal Utility District, Texas, at a regular or special called meeting on the day of 20 APPROVED BY: President ATTEST: APPROVED AS TO FORM AND SUBSTANCE: Secretary District Counsel Page 9 of 11 CONCUPENTRESOLUTON ADOPTED by the Board of Directors ofthe Southwest Fannin County Special Utility District, Texas, at à regular or special called meeting on the day of 20 APPROVED BY: President ATTEST: APPROVED AS TO FORMAND SUBSTANCE: Secretary District Counsel ADOPTED by the City Council ofthé Town ofWindom, Texas, at a regular or special called meeting on the day of 20 APPROVED BY: Mayor ATTEST: APPROVED AS TO FORM. AND SUBSTANCE: Secretary District Counsel Page10of11 COCURRENTRESOLUITON ADOPTED by the Board of Directors ofthe Hickory Creek Special Utility District, Texas, at a regular or special called meeting on the. day of 20 APPROVED BY: President ATTEST: APPROVED AS TO FORM. AND SUBSTANCE: Secretary District Counsel Page 11 of 11 CONCURAENT RESOLUTION December 13, 2024 Bois d' Arc Municipal Utility District 14101 E FM 1396 Honey Grove Texas 75446 Re: Fannin County' Water Supply Agency Dear Member, There was a successful meeting of the Fannin County' Water Supply Agency that took place on Thursday, November 14, 2024. As a result of that meeting, this letter is being sent to all member entities, and Hickory Creek Special Utility District. Please find the Concurrent Resolution enclosed with this letter. The FCWSA needs each member entity ("Entity") to adopt this Concurrent Resolution in orderto add Hickory Creek Special Utility District to the Agency and to remove the City of Ector and Lannius Municipal Utility District. Afteri its adoption, please have an authorized representative ofyour Entity execute the resolution in the space provided, and return it to the County Judge's office at 101 E. Sam Rayburn Drive, Suite 214, Bonham, Texas 75418, along with: (1) the name of the person who will be serving as a Director on the FCWSA fory your Entity, and (2) the number ofwater meters your Entity is currently serving. Hickory Creek Special Utility District will need to publish notice of its intention to be added to the existing Agency by placing notice in a newspaper of general circulation in the county in which the Memberi is located. The notice must be published once a week for two consecutive weeks. The first publication must appear at least 14 days before the date set for passage of the concurrent ordinance. The notice must state (1) the date, time, and location at which the governing body proposes to adopt the concurrent ordinance; and (2) that the public Memberwill be added to an agency on the date on which the concurrent ordinances take effect, as applicable. Feel free to contact my office or1 the County Judge, Newt Cunningham, ifyou have any questions. The sooner we get this done the better. We need to ensure that Fannin County has water available Ini the future. Thankyou in advance for your cooperation. 2 Doug Kopf Fannin County Commissioner and President of the FCWSA