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By: Gattis (Senate Sponsor - Ogden) H.B. No. 3559
(In the Senate - Received from the House May 7, 2003;
May 9, 2003, read first time and referred to Committee on Natural
Resources; May 22, 2003, reported favorably by the following vote:
Yeas 10, Nays 0; May 22, 2003, sent to printer.)
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. 13.
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) "Commission" means the Texas Commission on
Environmental Quality.
(3) "District" means the Williamson County Municipal
Utility District No. 13.
SECTION 2. CREATION. (a) A municipal utility district, to
be known as the Williamson County Municipal Utility District No.
13, 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 are
as follows:
Being 168.6316 acres of land out of the John B Robinson
League, Abstract No 521, in Williamson County, Texas, being a
portion of a 200.00 acre tract called tract one and a 5.00 acre
tract called tract two described in deed recorded in Vol. 450, Pg.
388, a portion of a 195.00 acre tract described in deed recorded in
Vol. 374, Pg. 596, all of a 4.00 acre tract recorded in Vol. 1287,
Pg. 811 and Vol. 1302, Pg. 128, a portion of an undivided 12/25ths
interest in an 25.0 acre tract, and a portion of the remaining
13/25ths interest in the said 25.00 acre tract described in deed
recorded in Vol. 1302, Pg. 115, all of the Williamson County, Texas
Deed Records. Said 168.6316 acre tract being more particularly
described by metes and bounds as follows:
BEGINNING at a point in the South line of an 83.56 acre tract
described in deed to Scott Spangler, et. al. in Doc. #9641085,
Official Records, Williamson County, Texas, also being the North
line of the said 200.00 acre tract, from which the Southeast corner
of the said Spangler tract also being the Northeast corner of the
said 200.00 acre tract, bears N 71° 00'00" E, 368.79 feet. Said
point being the Northeast corner of this tract and the POINT OF
BEGINNING.
THENCE through the interior of the said 200.00 acre tract,
the 5.00 acre tract and the said 195.00 acre tract, and with the
east line of this tract, the following thirteen (13) courses and
distances:
1) S 33° 23'33"W, 290.93 feet to a point.
2) S 04° 50'28" E, 888.61 feet to a point.
3) S 16° 04'44"W, 680.17 feet to a point.
4) S 70° 25'29"E, 491.10 feet to a point.
5) N 84° 01'50"E, 496.48 feet to a point.
6) S 35° 32'29"E, 154.54 feet to a point.
7) S 11° 39'31"W, 319.42 feet to a point.
8) S 72° 29'52"W, 190.53 feet to a point.
9) S 29° 49'45"W, 346.68 feet to a point.
10) S 35° 22'51"E, 408.71 feet to a point.
11) S 79° 00'24"E, 225.60 feet to a point.
12) S 33° 09'42"E, 1081.52 feet to a point.
13) S 19° 00'00"E, 451.98 feet to a point being the Southeast
corner of this tract.
THENCE S 71° 00'00"W, through the interior of the said 195.00 acre
tract, 1872.37 feet to a 1/2" iron rod set in the West line of a
12.954 acre tract described in deed to Allen Reagan in Doc.
#199986910, official records, Williamson County, Texas, being the
Southwest corner of this tract.
THENCE with the West line of this tract, the following five (5)
courses:
1) N 19° 21'39"W passing the Northeast corner said 12.954
acre tract, also being the Southeast corner of a 10.000
acre tract conveyed to Kepner in Doc. No. 9711721 of the
Official Records of Williamson County, Texas, at 492.09
pass the Northeast corner of said 10.00 acre tract and
the Southeast corner of a 59.18 acre tract conveyed to
Pumphrey in Doc. No. 9908729 Official Records of
Williamson County, Texas, in all a 778.37 feet to a 1/2"
iron pin in the Northeast corner of said 59.18 acre tract
also being the Southeast corner of a 20.0 acre tract
conveyed to Ochotnicki in Doc. No. 2001015782 of the
Official Records of Williamson County, Texas.
2) N 19° 16'45"W, 940.22 feet to a 1/2" iron pin found at the
Northeast corner of said 20.0 acre tract, also being the
Southeast corner of a 97.32 acre tract conveyed to Abbot
in Vol. 593 P.G.. 229 of the Williamson County, Texas
Deed Records.
3) N 19° 36'30"W continuing with said 97.32 acre tract,
1444.35 feet to a 1/2" iron pin found.
4) N 18° 21'45"W continuing with said 97.32 acre tract,
901.04 feet to a 1/2" iron pin found.
5) N 19° 48'12"W continuing with said 97.32 acre tract,
601.88 feet to a nail found in a fence post at the
Southwest corner of said 83.56 acre tract for the
Northwest corner of this tract.
THENCE N 71° 00'00"E with the South line of said 83.56 acre tract,
1861.76 feet to the POINT OF BEGINNING and containing 168.6316
acres more or less.
SECTION 5. FINDINGS RELATIVE TO BOUNDARIES. The
legislature finds that the boundaries and field notes of the
district form a closure. 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 initial directors are
elected under Section 9 of this Act.
(c) Initial directors serve until permanent directors are
elected under Section 10 of this Act.
(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.
(f) A director serves until the director's successor has
qualified.
SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Bill Blood;
(2) Collie Cowden;
(3) Bill Gordon;
(4) Doug Lewis; and
(5) Jesse Whittenton.
(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 commission 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 of directors shall call and hold an
election to confirm the establishment of the district and to elect
five initial directors as provided by Section 49.102, Water Code.
(b) The initial directors elected shall draw lots to decide
which two shall serve terms lasting until replacement directors are
elected at the first regularly scheduled election of directors
under Section 10 of this Act and which three shall serve until the
second regularly scheduled election of directors.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held as provided by
this section.
SECTION 10. ELECTION OF DIRECTORS. (a) On the first
Saturday 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 first Saturday in May of each subsequent
even-numbered year following the election, 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 Chapter 54,
Water Code, applicable to municipal utility districts created under
Section 59, Article XVI, Texas Constitution.
SECTION 12. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. A
municipality in whose extraterritorial jurisdiction the district
is located may not adopt an ordinance or resolution or take any
other action that:
(1) impairs the ability of the district to exercise
its powers under this article; or
(2) limits the ability of the district to finance,
construct, or operate its water, wastewater, or drainage systems.
SECTION 13. ANNEXATION. (a) A municipality may annex the
district on the earlier of:
(1) the date of installation of 90 percent of all
works, improvements, facilities, plants, equipment, and appliances
necessary and adequate to:
(A) provide service to the proposed development
within the district;
(B) accomplish the purposes for which the
district was created; and
(C) exercise the powers provided by the general
law of this state and this article; or
(2) the 20th anniversary of the date the district is
confirmed.
(b) The district may add or exclude land in the manner
provided by Chapters 49 and 54, Water Code, without the consent of
any municipality.
SECTION 14. REIMBURSEMENT TO LANDOWNER OR DEVELOPER;
INSTALLATION OF FACILITIES. If a municipality in whose
extraterritorial jurisdiction the district is located annexes the
district for full or limited purposes and the annexation precludes
or impairs the ability of the district to issue bonds, the
municipality shall:
(1) simultaneously with the annexation, pay in cash to
the landowner or developer of the district a sum equal to all actual
costs and expenses incurred by the landowner or developer in
connection with the district that the district has, in writing,
agreed to pay and that would otherwise have been eligible for
reimbursement from bond proceeds under the rules and requirements
of the commission as such rules and requirements exist on the date
of annexation; and
(2) after the annexation, install all necessary water,
wastewater, and drainage facilities to serve full buildout of
development within the district.
SECTION 15. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(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. The
governor, one of the required recipients, has submitted the notice
and Act to the commission.
(b) The commission has filed its recommendations relating
to this Act with the governor, lieutenant governor, and speaker of
the house of representatives within the required time.
(c) 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 16. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
takes effect September 1, 2003.
(b) If the creation of the district is not confirmed at a
confirmation election held under Section 9 of this Act before
September 1, 2005, this Act expires on that date.
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