78S10140 SGA-F
By: Callegari H.B. No. 48
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of the Williamson County Municipal Utility
District No. 15.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Williamson County Municipal
Utility District No. 15.
SECTION 2. CREATION. (a) A conservation and reclamation
district, to be known as the Williamson County Municipal Utility
District No. 15, is created in Williamson County, subject to
approval at a confirmation election under Section 9 of this Act.
(b) The district is a governmental agency and a political
subdivision of this state.
SECTION 3. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) The district is created under and is essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
(c) All of the land and other property included within the
boundaries of the district will be benefited by the works and
projects that are to be accomplished by the district under powers
conferred by Section 59, Article XVI, Texas Constitution.
SECTION 4. BOUNDARIES. The boundaries of the district
include the land within the following area, which is not located
within the extraterritorial jurisdiction of any municipality:
Approximately 546.69 acres of land, in Williamson County, Texas,
consisting of two tracts or parcels of land, more fully described as
follows:
Tract 1: Approximately 454.41 acres of land situated in the R.S.
Neighbors Survey, Abstractor No. 483, the Charles Gerlack Survey,
Abstract No. 260, and the William Mullen Survey, Abstract No. 446,
in Williamson County, Texas, being out of and a part of the 506.25
acre tract or parcel of land conveyed to Max Boehm by The Federal
Land Bank of Houston by deed dated June 11, 1937, recorded in Volume
287, Page 182, Deed Records of Williamson County, Texas, and being
all of such 506.25 acre tract SAVE, LESS and EXCEPT (i) the tract of
land described as 51.08 acres in the deed dated October 9, 1974,
recorded in Volume 597, Page 183, Deed Records of Williamson
County, Texas; and (ii) the tracts of land described as .43 acres
and .33 acres by correction deed dated March 28, 1990, recorded in
Volume 1884, Page 195, Deed Records of Williamson County, Texas.
Reference is here made to each of the deeds described above for a
more particular metes and bounds description of the properties
therein conveyed; and
Tract 2: 92.278 acres of land situated in the John Kuykendall
Survey, Abstract No. 378, and the R. S. Neighbors Survey, Abstract
No. 483, in Williamson County, Texas, and more particularly
described by metes and bounds as follows:
COMMENCING at a 1/2" iron rod found at an interior corner in the
west line of said 156.8 acre Vorwerk tract and being the northeast
corner of a called 150.69 acre tract conveyed to Morris W. Krueger,
et al, by instrument recorded in Volume 1066, Page 457, Official
Records, Williamson County, Texas;
THENCE with the west line of said 156.8 acre Vorwerk tract and the
east line of said 150.69 acre Krueger tract, S 7°23'13" E for a
distance of 760.11 feet to a 1/2" iron rod set with plastic cap and
being the POINT OF BEGINNING for the herein described tract;
THENCE over and across said 156.8 acre Vorwerk tract, with the south
line of a 20' wide access lane described in Volume 1066, Page 457,
Official Records, Williamson County, Texas, and with the north line
of the herein described tract for the following three (3) calls:
1. S 82°52'52" E for a distance of 580.39 feet to a 1/2" iron
rod with plastic cap set for an angle point in said north line, from
which point a 1/2" iron rod found near a fence post for an angle
point in the north line of said 20' wide lane bears N 11°13'57" E a
distance of 20.05 feet;
2. S 74°39'14" E for a distance of 323.07 feet to a 1/2" iron
rod with plastic cap set for an angle point in said north line, from
which point a 1/2" iron rod found near a fence post for an angle
point in the north line of said 20' wide lane bears N 11°34'46" E at a
distance of 20.04 feet;
3. S 82°11'14" E for a distance of 899.97 feet to a 1/2" iron
rod with plastic cap set on the westerly right-of-way line of
Farm-to-Market Road No. 3349 (100' wide right-of-way), conveyed to
the State of Texas by instrument recorded in Volume 669, Page 359,
Deed Records, Williamson County, Texas, said point being on the
east line of said 156.8 Vorwerk tract for the northeast corner of
the herein described tract;
THENCE with the east line of said 156.8 acre Vorwerk tract and the
westerly right-of-way line of Farm-to-Market Road No. 3349, S
7°26'31" W for a distance of 2214.64 feet to a 1/2" iron rod with
plastic cap set on said right-of-way line for southeast corner of
the herein described tract, from which point a Texas Department of
Transportation Type 1 right-of-way monument bears S 1°44'23" W a
distance of 4.96 feet;
THENCE leaving said right-of-way line, and with the south line of
said 156.8 acre Vorwek tract, N 82°40'43" W for a distance of 1230.12
feet to a 1/2" iron rod found for the northwest corner of a called
72.78 acre tract of land conveyed to Herbert Raesz, et ux, by
instrument recorded in Volume 1019, Page 352, Official Records,
Williamson County, Texas, said point also being on the east line of
a tract of land conveyed Edna Werchan, et al, by instrument recorded
in Document No. 96007756, Official Records, Williamson County,
Texas; and being an angle point in the south line of the herein
described tract;
THENCE with the east line of said Werchan tract and the south line
of said 156.8 acre Vorwerk tract, N 7°19'17" E for a distance of
14.44 feet to a 1/2" iron rod with plastic cap set for the northeast
corner of said Werchan tract and being an angle point in the south
line of the herein described tract;
THENCE with the north line of said Werchan Tract and the south line
of said 156.8 acre Vorwerk tract, N 82°40'43" W for a distance of
568.02 feet to a 1/2" iron rod found near a 3" diameter steel post
for the southeast corner of said 150.69 acre Krueger tract and being
the southwest corner of the said 156.8 acre Vorwerk tract and the
herein described tract;
THENCE with the east line of said 150.69 acre Krueger tract and the
west line of said 156.8 acre Vorwerk tract, N 7°23'13" E for a
distance of 2250.96 feet to the POINT OF BEGINNING of the herein
described tract and containing 92.278 ACRES of land, more or less.
SECTION 5. FINDINGS RELATIVE TO BOUNDARIES. The
legislature finds that the boundaries and field notes of the
district form one or more closures. If a mistake is made in the
field notes or in copying the field notes in the legislative
process, the mistake does not affect in any way:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes; or
(3) the legality or operation of the district or the
board.
SECTION 6. APPLICABILITY OF OTHER LAW. This Act prevails
over any provision of general law that is in conflict or
inconsistent with this Act.
SECTION 7. BOARD OF DIRECTORS. (a) The district is
governed by a board of five directors.
(b) Temporary directors serve until directors are elected
under Section 9 of this Act.
(c) Temporary directors of the district, or of a new
district created by division of the district under Section 13 of
this Act, are not required to own land in or be residents of the
district.
(d) Permanent directors serve staggered four-year terms.
(e) Each director must qualify to serve as director in the
manner provided by Section 49.055, Water Code.
SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Todd Routh;
(2) Chien Lee;
(3) Carey Gambrell;
(4) Elton Malish; and
(5) Karen Bradley.
(b) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than three
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of persons
to fill all vacancies on the board.
SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary board shall call and hold an election to confirm
establishment of the district and to elect initial directors under
Section 49.102, Water Code.
(b) At the confirmation and initial directors' election the
board may submit to the voters a proposition to authorize:
(1) the issuance of bonds;
(2) a maintenance tax; or
(3) a tax to fund payments required under a contract.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held as provided by
this section.
(d) The elected initial directors shall draw lots to
determine which two directors serve until the election of directors
under Section 10(a) of this Act and which three serve until the
following election of directors.
SECTION 10. ELECTION OF DIRECTORS. (a) On the uniform
election date prescribed by Section 41.001, Election Code, in May
of the first even-numbered year after the year in which the district
is authorized to be created at a confirmation election, an election
shall be held in the district for the election of two directors to
replace the two initial directors serving shorter terms from the
confirmation election.
(b) On the uniform election date prescribed by Section
41.001, Election Code, in May of each subsequent even-numbered year
following the election under Subsection (a) of this section, the
appropriate number of directors shall be elected.
SECTION 11. GENERAL POWERS. The district has all of the
rights, powers, privileges, authority, functions, and duties
provided by the general law of this state, including Chapters 30,
49, 50, and 54, Water Code, applicable to municipal utility
districts created under Section 59, Article XVI, Texas
Constitution.
SECTION 12. ANNEXATION. The board may annex land as
provided by Chapter 49 or Chapter 54, Water Code.
SECTION 13. DIVISION OF DISTRICT. (a) Notwithstanding any
other law, either before or after annexing land into the district
under Section 12 of this Act, and before issuing indebtedness
secured by taxes or net revenues, the board may divide the territory
of the district, including any annexed territory, into two or more
new districts as provided by this Act.
(b) A new district created by division of the district must
be at least 100 acres in size.
SECTION 14. ELECTION FOR DIVISION OF DISTRICT. (a) After
the board adopts a resolution consenting to the terms and
conditions of a division under Section 13 of this Act, including a
plan for payment and performance of any outstanding obligations of
the district, and a metes and bounds description of the proposed new
districts, the board shall order an election to be held in the
district to determine if the district should be divided as
proposed.
(b) The board shall give notice of the election not later
than the 20th day before the date of the election in the manner
provided by Section 49.102, Water Code.
(c) If the district's voters approve the division of the
district, the board shall, not later than the 30th day after the
date of the election, provide written notice of the plan for
division to:
(1) the Texas Commission on Environmental Quality;
(2) the attorney general;
(3) the commissioners court of each county in which
each new district is located; and
(4) any municipality having extraterritorial
jurisdiction over the land within each new district.
SECTION 15. GOVERNANCE OF DISTRICTS AFTER DIVISION. (a) If
a majority of the qualified voters of the district voting in an
election held under Section 14 of this Act vote in favor of dividing
the district, the district shall be divided.
(b) The resulting new districts shall be assigned
consecutive letters, corresponding to the number of the original
district.
(c) The resulting new districts shall be separate districts
and shall be governed as separate districts.
(d) Until the 91st day after the date of the election
approving the division of the district, the board shall continue to
act on behalf of the district to wind up the affairs of the
district.
SECTION 16. ELECTION OF DIRECTORS OF NEW DISTRICT. (a)
After an election approving the division of the district, the
directors of the board shall:
(1) continue to act as directors of one of the new
districts; and
(2) appoint temporary directors for each of the other
new districts not later than the 90th day after the date of the
election approving the division of the district.
(b) Temporary directors appointed under Subsection (a) of
this section shall serve until an election for permanent directors
is held on the next uniform election date under Section 41.001(a),
Election Code. The temporary directors of each new district must
qualify under Section 49.055, Water Code, not later than the 90th
day after the date of the election approving the district. The
temporary directors shall take office at the expiration of this
90-day period.
(c) Of the directors elected under Subsection (b) of this
section, the three directors receiving the greatest number of votes
shall serve until the uniform election date prescribed by Section
41.001, Election Code, in May of the first even-numbered year that
is four years after the date of the election and two directors shall
serve until the uniform election date prescribed by Section 41.001,
Election Code, in May of the first even-numbered year that is two
years after the date of the election.
(d) The board of each new district shall approve the bond of
each of its directors.
(e) Successors to the board of each new district shall be
elected as provided by Section 10 of this Act.
SECTION 17. CONTINUING POWERS AND OBLIGATIONS OF NEW
DISTRICTS. (a) Each new district shall have the power to incur and
pay debts and shall in every respect have the full power and
authority of the district created and governed by this Act.
(b) If the district is divided in an election under Section
14 of this Act, the current obligations and any bond authorizations
of the district are not impaired. The debts shall be paid by taxes,
revenues, or assessments levied on the land in the district as if
the district had not been divided or by contributions from each new
district on terms stated and agreed to in the division plan proposed
by the board and approved by an election under Section 14 of this
Act.
(c) Any other obligation of the district shall be divided
pro rata among the new districts on an acreage basis or on other
terms that are satisfactory to the new districts.
SECTION 18. CONTRACT AUTHORITY OF NEW DISTRICTS. The new
districts may contract with each other for water, wastewater, and
any other matters the board of each new district considers
appropriate.
SECTION 19. BOND ISSUANCE BY NEW DISTRICT. (a) A new
district that is created as a result of an election approving the
division of the district under Section 14 of this Act may issue
bonds payable wholly or partly from ad valorem taxes on the approval
of a majority of the qualified voters of the new district voting in
an election called and held for that purpose.
(b) Notice of the bond election shall be given as provided
by Section 49.106, Water Code.
SECTION 20. MAINTENANCE TAX APPROVAL FOR NEW DISTRICT. A
new district that is created as a result of an election approving
the division of the district under Section 14 of this Act may levy a
maintenance tax on the approval of a majority of the qualified
voters of the new district voting in an election called and held for
that purpose.
SECTION 21. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
takes effect immediately if it receives a vote of two-thirds of all
the members elected to each house, as provided by Section 39,
Article III, Texas Constitution. If this Act does not receive the
vote necessary for immediate effect, this Act takes effect November
1, 2003.
(b) If the creation of the district is not confirmed at a
confirmation election held under Section 9 of this Act before the
fourth anniversary of the effective date of this Act, this Act
expires on that date.