78R11170 RCJ-F
By: Gattis H.B. No. 3560
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. 12.
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. 12.
SECTION 2. CREATION. (a) A municipal utility district, to
be known as the Williamson County Municipal Utility District No.
12, 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:
Tract 1. A 357.494 acre tract of land situated in the
Greenleaf Fisk Survey, Abstract No. 5, Williamson County, Texas,
and being all of a called 87.00 acre tract as described in Volume
581, Page 510 of the Williamson County, Texas Deed Records
(W.C.T.D.R.); all of a called 165.00 acre tract and a 0.7764 acre
tract as described as tracts one and two respectively in Document
No. 2000071872 of the Official Records Williamson County, Texas
(O.R.W.C.T.); and being a portion of a called 352.8468 acre tract as
described in Document No. 2000070961 of the O.R.W.C.T. Said
357.494 acres being more particularly described with bearings
herein are based on the east line of said 0.7764 acre tract being
South 09°26'35" West;
BEGINNING at the northeast corner of said 0.7764 acre tract
described as Tract Two in Document No. 2000071872 O.R.W.C.T. and
being on the south right-of-way line of State Highway No. 29 and
being the northeast corner of herein described 357.494 acre tract;
THENCE, South 09°26'35" West, 422.76 feet, leaving south
right-of-way line to a point for corner of the herein-described
tract and being the southeast corner of said 0.7764 acre tract and
the northeast corner of said 165.00 acre tract described as Tract
One in Document No. 2000071872 O.R.W.C.T.;
THENCE, along the east and south-easterly lines of said 165.00 acre
tract the following Sixteen (16) courses and distances:
1. South 09°26'35" West, 42.13 feet to a point for corner of
the herein-described tract;
2. South 09°22'35" West, 956.30 feet to a point for corner of
the herein-described tract;
3. South 11°27'53" West, 27.99 feet to a point for corner of
the herein-described tract;
4. North 84°50'31" West, 281.88 feet to a point for corner of
the herein-described tract;
5. North 81°14'51" West, 485.91 feet to a point for corner of
the herein-described tract;
6. North 81°19'16" West, 374.79 feet to a point for corner of
the herein-described tract;
7. South 88°21'31" West, 358.84 feet to a point for corner of
the herein-described tract;
8. South 86°55'01" West, 572.11 feet to a point for an inside
ell corner of the herein-described tract;
9. South 12°46'01" East, 25.16 feet to a point for corner of
the herein-described tract;
10. South 12°13'47" East, 1130.03 feet to a point for corner
of the herein-described tract;
11. South 12°21'48" East, 129.82 feet to a point for corner
of the herein-described tract;
12. South 12°20'49" East, 203.34 feet to a point for corner
of the herein-described tract;
13. South 12°25'06" East, 329.18 feet to a point for corner
of the herein-described tract;
14. South 12°25'45" East, 295.61 feet to a point for corner
of the herein-described tract;
15. South 12°17'32" East, 385.60 feet to a point for corner
of the herein-described tract;
16. South 12°21'14" East, 141.07 feet to a point for corner
of the herein-described tract and being the northeast corner of
said 352.8467 acre tract as described in Document No. 2000070961
O.R.W.C.T.
THENCE, along the south line hereof over and across said 352.8467
acre tract the following Eleven (11) courses and distances:
1. South 04°12'41" East, 1118.04 feet to a point for corner
of the herein-described tract;
2. South 71°42'35" West, 589.32 feet to a point for corner of
the herein-described tract;
3. North 86°23'57" West, 842.53 feet to a point for corner of
the herein-described tract;
4. North 40°33'15" West, 1120.00 feet to a point for corner
of the herein-described tract;
5. North 17°08'39" West, 456.49 feet to a point for corner of
the herein-described tract;
6. North 36°33'21" West, 300.00 feet to a point for corner of
the herein-described tract, being a point of curvature to the right
and from which the radius point bears; North 54°23'41" West, 2120.00
feet;
7. 210.08 feet, along the arc of said curve to the right
which contains the following elements a Radius of 2120.00 feet, a
Delta Angle of 05°40'40", and a cord bearing and distance of South
38°26'39" West, 210.00 feet, to a point for corner of the
herein-described tract;
8. North 48°43'01" West, 120.00 feet to a point for corner of
the herein-described tract, being a point of curvature to the right
and from which the radius point bears; North 48°43'01" West, 2000.00
feet;
9. 1010.72 feet, along the arc of said curve to the right
which contains the following elements a Radius of 2000.00 feet, a
Delta Angle of 28°57'18", and a cord bearing and distance of South
55°45'38" West, 1000.00 feet, to a point for corner of the
herein-described tract;
10. North 18°57'17" West, 120.00 feet to a point for corner
of the herein-described tract;
11. South 71°02'43" West, 850.00 feet to a point in the
approximate centerline of County Road Number 268, for the westerly
most corner of the herein-described tract and being a point in the
west line of said 352.8467 acre tract and the southwest corner of
said 165.00 acre tract;
THENCE, along the northwest lines of said 352.8467 acre tract same
being the called approximate centerline of County Road Number 268
the following Eleven (11) courses and distances:
1. North 18°57'17" West, 415.74 feet to a point for corner of
the herein-described tract;
2. North 15°09'57" West, 210.30 feet to a point for corner of
the herein-described tract;
3. North 01°33'58" East, 78.97 feet to a point for corner of
the herein-described tract;
4. North 45°00'21" East, 90.36 feet to a point for corner of
the herein-described tract;
5. North 59°50'23" East, 164.93 feet to a point for corner of
the herein-described tract;
6. North 68°28'27" East, 173.78 feet to a point for corner of
the herein-described tract;
7. North 73°52'24" East, 238.95 feet to a point for corner of
the herein-described tract;
8. North 69°47'23" East, 241.07 feet to a point for corner of
the herein-described tract;
9. North 63°05'54" East, 172.61 feet to a point for corner of
the herein-described tract;
10. North 55°59'05" East, 173.50 feet to a point for corner
of the herein-described tract;
11. North 47°55'13" East, 162.26 feet to a point for corner
of the herein-described tract, being the northerly most corner of
said 352.8467 acre tract;
THENCE, along the west lines of said 165.00 acre tract same being
the called approximate centerline of County Road Number 268 the
following three (3) courses and distances:
1. North 26°17'46" East, 846.67 feet to a point for corner of
the herein-described tract;
2. North 28°00'24" East, 748.09 feet to a point for corner of
the herein-described tract;
3. North 17°59'52" East, 289.40 feet to a point for an inside
ell corner of the herein-described tract, being a point in a south
line of said 87.00 acre tract;
THENCE, along the south lines of said 87.00 acre tract the following
Two (2) courses and distances:
1. South 85°08'21" West, 468.01 feet to a point for corner of
the herein-described tract;
2. South 87°27'21" West, 623.10 feet to a point for corner of
the herein-described tract, being the southwest corner of said
87.00 acre tract;
THENCE, along the west lines of said 87.00 acre tract the following
Two (2) courses and distances:
1. North 10°04'21" East, 1511.30 feet to a point for corner
of the herein-described tract;
2. North 01°10'21" East, 100.00 feet to a point for corner of
the herein-described tract, being the northwest corner of said
87.00 acre tract and being a point in the south right-of-way line of
State highway No. 29,;
THENCE, along the north lines of said 87.00 acre tract the following
Two (2) courses and distances:
1. South 88°50'15" East, 2422.13 feet, along the south
right-of-way line of State Highway No. 29, to a point for corner of
the herein-described tract;
2. South 19°00'39" East, 1021.80 feet to a point for corner
of the herein-described tract, being a point in a north line of said
165.00 acre tract;
THENCE, along the north lines of said 165.00 acre tract the
following Three (3) courses and distances:
1. North 70°59'21" East, 435.04 feet to a point for corner of
the herein-described tract;
2. North 70°31'25" East, 1080.00 feet to a point for corner
of the herein-described tract;
3. South 88°45'03" East, 604.71 feet to a point for corner of
the herein-described tract, being the southwest corner of said
0.7764 acre tract;
THENCE, North 09°26'35" East, 422.76 feet, along the west line of
said 0.7764 acre tract, to a point for corner of the
herein-described tract, being the northwest corner of said 0.7764
acre tract and being in the south right-of-way line of State Highway
No. 29,;
THENCE, South 88°45'00" East, 80.81 feet, along the south
right-of-way line of State Highway No. 29, to the POINT OF BEGINNING
and containing a computed area of 357.494 acres or (15,572,458
Square Feet) of land.
Tract 2. A 87.0 acre tract of land, more or less, more
particularly described in a conveyance to East Belt, Ltd., recorded
as Document No. 200039722 in the Official Records of Williamson
County, Texas.
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) Rex Bohls;
(2) Leanna Einhaus;
(3) Glen Kistenmacher;
(4) Hagen McMann; and
(5) Bill Simpson.
(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 Act; 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 Act; 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.