78R8976 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 266.50 acre tract of land out of the Greenleaf
Fisk Survey Abstract No. 5 in Williamson County, Texas being a
portion of the tract described in Volume 515 Page 639 Deed Records
of Williamson County, Texas. Said tract more particularly
described be metes and bounds as follows:
Beginning at a 1/2" rebar found on the south R.O.W. of State
Highway No. 29 and at the Northwest corner of a 449.985 acre tract
conveyed to 452 LTD. in Doc. No. 199947956 Official Records of
Williamson County, Texas also being the Northeast corner of this
tract and the POINT OF BEGINNING.
THENCE leaving said highway and with the fenced West Line of said
449-985 acre tract also being the East line this tract the following
three (3) courses.
1) S 09° 26'35"W, 464.89 feet to a 1/2" rebar found.
2) S 09° 22'35"W, 956.30 feet to a 1/2" rebar found.
3) S 11° 27'53"W, 27.99 feet to a 1/2" rebar found at an
interior ell corner of said 449.985 acre tract also being
the most Southerly Northeast corner of this tract.
THENCE with a fenced line in common with said 449.985 acre tract the
following two (2) courses.
1) N 84° 50'31"W, 281-88 feet to a 1/2" rebar found.
2) N 81° 14'51"W, 485-91 feet to a 1/2" rebar found at the
Northeast corner of a 37.133 acre tract conveyed to Maund
in Volume 908 Page 203 Deed Records of Williamson County,
Texas also being a corner in common with said 449.985
acre tract.
THENCE with the fenced North line of said 37.133 acre tract also
being a line in common with this tract the following three (3)
courses.
1) N 81° 19'16"W, 374.79 feet to a fence post found.
2) S 88° 21'31"W, 358.84 feet to a 1/2" rebar set.
3) S 86° 55'01"W, 572.11 feet to a fence corner found at the
Northwest corner of said 37.133 acre tract for an inside
ell corner of this tract.
THENCE with the West line of said 37.133 acre tract also being the
east line of this tract the following three (3) courses.
1) S 12° 46'01"E, 25.16 feet to a 1/2" rebar set.
2) S 12° 13'47"E, 1130.03 feet to a 1/2" rebar set.
3) S 12° 21'48"E, 129.82 feet to a 1/2" rebar found at the
Southwest corner of said 37.133 acre tract also being a
corner in common with said 449.985 acre tract and this
tract.
THENCE with the fenced East line of this tract also being the West
line of said 449.985 acre tract the following six (6) courses.
1) S 12° 20'49"E, 203.34 feet a 1/2" rebar found.
2) S 12° 25'06"E, 329.18 feet to a 1/2" rebar found.
3) S 12° 25'45"E, 295.61 feet to a 1/2" rebar found.
4) S 12° 17'32"E, 385.60 feet to a 1/2" rebar found.
5) S 12° 21'14"E, 687.17 feet to a 1/2" rebar found.
6) S 12° 31'02"E, 560.49 feet to a 1/2" rebar to be set.
THENCE S 70° 05'14"W, 1000.00 feet to a 1/2" rebar to be set.
THENCE S 95° 05'14"W, 670.00 feet to a 1/2" rebar to be set.
THENCE S 145° 05'14"W, 1260.00 feet to a 1/2" rebar to be set.
THENCE S 175° 05'14"W, 200.00 feet to a 1/2" rebar to be set.
THENCE S 135° 05'14"W, 240.00 feet to a 1/2" rebar to be set.
THENCE S 69° 05'14"W, 2090.00 feet to a 1/2" rebar to be set at the
R.O.W. of County Road No. 268.
THENCE N 18° 57'17"W, 674 feet to a 1/2" rebar found.
THENCE with the approximate center of County Road No. 268 also being
the west line of this tract the following sixteen (16) courses.
1) N 18° 57'17"W, 674.67 feet to a point.
2) N 15° 09'57"W, 210.30 feet to a point.
3) N 01° 33'58"E, 78.97 feet to a point.
4) N 45° 00'21"E, 90.36 feet to a point.
5) N 59° 50'23"E, 164.93 feet to a point.
6) N 68° 28'27"E, 173.78 feet to a point.
7) N 73° 52'24"E, 238.95 feet to a point.
8) N 69° 47'23"E, 241.07 feet to a point.
9) N 63° 05'54"E, 172.61 feet to a point.
10) N 55° 59'05"E, 173.50 feet to a point.
11) N 47° 55'13"E, 162.26 feet to a point.
12) N 26° 17'46"E, 846.67 feet to a point.
13) N 28° 00'24"E, 748.09 feet to a point.
14) N 17° 59'52"E, 292.01 feet to a 1/2" rebar set on the
South line of a 87.0 acre tract conveyed to
Kaufman/Phillips in Volume 581 Page 510 Deed Records of
Williamson County, Texas for a corner of this tract.
THENCE with the fenced South line of said 87.0 acre tract also being
the North line of this tract the following two (2) courses.
1) N 84° 11'33"E, 801.45 feet to a fence post found.
2) N 05° 10'59"W, 30.39 feet to a fence post found.
THENCE N 70° 59'21"E, continuing with the fenced South line of said
87.0 acre tract also being the North line of this tract at about
1200 feet passing the Southeast corner of said 87.0 acre tract also
being the Southwest corner of a 6.49 acre tract conveyed to Batt in
Volume 649 Page 167 Deed Records of Williamson County, Texas,
continuing with the North line of this tract also being the South
line of said 6.49 acre tract at 1492.11 feet passing a 1/2" rebar
found at the Southeast corner of said 6.49 acre tract also being the
Southwest corner of a 19.05 acre tract conveyed to Liu in Volume
2081 Page 318 Deed Records of Williamson County, Texas continuing
with the North line of this tract also being the South line of said
19.05 acre tract a total distance of 1637.24 feet to a 1/2" rebar
set.
THENCE N 70° 31'25"E, with the fenced North line of this tract also
being the South line of said 19.05 acre tract 1080.00 feet to a 1/2"
rebar found at the Southeast corner of said 19.05 acre tract also
being an interior ell corner of this tract.
THENCE N 19° 04'23"W, with the fence East line of said 19.05 acre
tract 446.22 feet to a fence post found on the South R.O.W. of State
Highway No. 29 for the Northeast corner of said 19.05 acre tract
being the Northwest corner of this tract.
THENCE S 88° 45'00"E, (bearing basis Vol. 515 pg. 639) with the South
R.O.W. of State Highway No. 29 also being the North line of this
tract 900.75 feet to the POINT OF BEGINNING and containing 266.50
acres more or less;
SAVE AND EXCEPT a 7.6190 acre tract of land out of the Greenleaf
Risk Survey Abstract No. 5 in Williamson County, Texas being a
portion of a 49.8 acre tract referred to as "First Tract" and
described in Volume 515 Page 639 Deed Records of Williamson County,
Texas. Said tract more particularly described by metes and bounds
as follows.
Beginning at a 1/2" rebar found on the South R.O.W. of State
Highway No. 29 and at the Northwest corner of a 449.985 acre tract
conveyed to 452 LTD. in Doc. No. 199947956 Official Records of
Williamson County, Texas also being the Northeast corner of this
tract and the POINT OF BEGINNING.
THENCE S 09° 26'35"W leaving said highway and with the fenced West
line of said 449.985 acre tract also being the East line this tract
422.76 feet to a 1/2" rebar set for the Southeast corner of this
tract.
THENCE N 88° 45'00"W parallel with said highway R.O.W. and through
the interior of said 49.8 acre tract 685.52 feet to a 1/2" rebar
found at the Southeast corner of a 19.05 acre tract conveyed to Liu
in Volume 2081 Page 318 Deed Records of Williamson County, Texas
also being an interior ell corner of said 49.8 acre tract and the
Southwest corner of this tract.
THENCE N 19° 04'23"W with the fenced East line of said 19.05 acre
tract 446.22 feet to a fence post found on the South R.O.W. of State
Highway No. 29 for the Northeast corner of said 19.05 acre tract
also being the Northwest corner of this tract.
THENCE S 88° 45'00"E (bearing basis vol. 515 pg. 639) with the South
R.O.W. of State Highway No. 29 also being the North line of this
tract 900.75 feet to the POINT OF BEGINNING and containing 7.6190
acres more or less.
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 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.