78R10873 RCJ-F
By: Gattis H.B. No. 3594
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. 14.
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. 14.
SECTION 2. CREATION. (a) A municipal utility district, to
be known as the Williamson County Municipal Utility District No.
14, 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 district includes the
territory contained within the following area:
Being 426.80 acres of land located in the Byrd Smith Survey,
Abstract No. 581, the W.B. McClellan Survey, Abstract No. 444, and
the Robert Lile Survey, Abstract No. 391 Williamson County, Texas,
said 426.80 acres being more particularly described in three (3)
parts by metes and bounds as follows, all bearings based on the
Texas State Plane Coordinate System, Central Zone;
Part 1
A first tract of land being 58.47 acres of the Byrd Smith
Survey, Abstract No. 581, the same property which was called 58.488
acres as described in a deed to Helen Jezisek, of record in Document
9747444, Official Records of Williamson County, Texas. Surveyed on
the ground in September of 2002, by William F. Forest, Jr.,
Registered Professional Land Surveyor No. 1847.
BEGINNING at an iron pin which was set for the Southeast
corner of the said 58.488 acre tract, in the North line of F.M.
Highway 487. THENCE with the South line of the said Helen Jezisek
property and the North line of F.M. Highway 487, S 69 deg. 47 min. W
749.04 feet to an iron pin set. THENCE along the general line of an
existing fence, N 19 deg. 01 min. 38 sec. W 3409.21 feet to an iron
pin found. An iron pin found at the Southwest fence corner of a
148.53 acre tract surveyed this date stands S 70 deg. 40 min. 13
sec. W 389.74 feet. THENCE along the general line of an existing
fence, with the South line of the said 148.53 acre tract, N 71 deg.
00 min. 53 sec. E 748.90 feet to an iron pin found. THENCE with the
West line of the property conveyed to Isabel Fiebrich in Document
9747092, passing iron pins set on line, S 19 deg. 01 min. 37 sec. E
3393.11 feet to the POINT OF BEGINNING; and
Part 2
A second tract of land being 148.53 acres of the W.B.
McClellan Survey, Abstract No. 444, the same property which was
called 148.81 acres as described in a deed to J.G. Fowler, et. ux.,
of record in Vol. 313, Pg. 286, Deed Records of Williamson County,
Texas. Surveyed on the ground in September of 2002, by William F.
Forest, Jr., Registered Professional Land Surveyor No. 1847.
BEGINNING at a pipe which was found on the West line of the said W.B.
McClellan Survey at the Northwest fence corner of the said 148.81
acre tract conveyed to J.G. Fowler. This corner exists at the
Southwest corner of the Phillip Jumonville property which is
described in Doc. 9642137. THENCE with the North line of the Fowler
tract and the South line of the Jumonville tract, N 70 deg. 54 min.
10 sec. E at 1743.97 feet pass an iron pin set (S 19 deg. 05 min. 50
sec. 4.79 feet from a stake in a fence), at 3196.32 feet pass an iron
pin set (S 19 deg. 05 min. 50 sec. E 2.83 feet from a stake in a
fence), continuing in all 4678.81 feet to an iron pin found. THENCE
with the general line of a fence existing on the West line of County
Road 303, S 19 deg. 18 min. 13 sec. E 1381.26 feet to an iron pin
found. THENCE with the general line of an existing fence, finding
iron pins at bends as follows; S 71 deg. 00 min. 49 sec. W 879.52
feet; S 70 deg. 33 min. 12 sec. W 1185.75 feet; S 71 deg. 00 min. 21
sec. W 719.02 feet; S 71 deg. 05 min. 45 sec. W 754.36 feet; S 71
deg. 00 min. 53 sec. W 748.90 feet; and S 70 deg. 40 min. 13 sec. W
389.74 feet to an iron pin found. An iron pin found at the Southeast
corner of a 219.80 acre tract surveyed this date stands S 19 deg. 01
min. 58 sec. E 441.42 feet. THENCE with the East line of the Second
Tract (called 138.6 acres) which is described in a deed to Lucille
Fowler et. vir. of record in Vol. 464, Pg. 603, N 19 deg. 22 min. 03
sec. W 1383.09 feet to the POINT OF BEGINNING; and
Part 3
A third tract of land being 219.80 acres of the Robert Lile
Survey, Abstract No. 391, including the First Tract (called 56.3
acres) and the Second Tract (called 138.6 acres) that were conveyed
to Lucille Fowler, et. vir., as described in a deed recorded in Vol.
464, Pg. 603, Deed Records of Williamson County, Texas, and as
claimed and used on the ground. Surveyed on the ground in September
of 2002, by William F. Forest, Jr., Registered Professional Land
Surveyor No. 1847. BEGINNING at an iron pin which was set at an
existing fence corner at the Southwest corner of the said Fowler
Second Tract and at the Southeast corner of the Pauline Boatright
property which is described in Vol. 1078, Pg 557. THENCE with the
West line of the said Second Tract, N 19 deg. 06 min. 22 sec. W at
2258.77 feet pass an iron pin set N 71 deg. E 1.53 feet from a point
in the fence, at 2484.08 feet pass an iron pin set S 71 deg. W 3.78
feet from a fence corner existing on the South side of a driveway
which extends Northerly and Westerly to Interstate Highway 35,
continuing with the same line, at 2779.72 feet pass an iron pin
which was set 1.5 feet East of a fence, in line with the approximate
center of an existing driveway, at the Southeast corner of the F.L.
Boatright property which is described in Doc. 9629779 (Boatright
description Document 9629779 contains no metes and bounds, refers
to former H.W. King tract described in Vol. 319, Pg. 357 less
exceptions); continuing with the same line in all 3649.36 feet to an
iron pin found at the Northeast corner of the said Boatright
property. THENCE along the fenced East line of the 20 acre tract
conveyed to Vulcan Inc. in Vol. 1716, Pg. 393, N 19 deg. 05 min. 46
sec. W 125.96 feet to an iron pin set at a fence corner. This point
exists at the Northwest corner of the First Tract described in Vol.
464, Pg. 603, as fenced and used on the ground. THENCE along the
general line of an existing old fence, with the South line of the
Robert Johnson tract described in Doc. 9752123, N 70 deg. 43 min. 57
sec. E 2526.10 feet to an iron pin set at the Northeast fence corner
of the Fowler First Tract, as fenced and used on the ground. THENCE
along the general line of an existing fence, with the West line of
the Robert Hill tract described in Vol. 2165, Pg. 44, S 19 deg. 16
min. 29 sec. E 583.73 feet to a concrete monument found; and S 19
deg. 19 min. 24 sec. E 864.95 feet to a pipe found at the Northwest
corner of the Phillip Jumonville property described in Doc.
9642137; continuing with the West line of the Jumonville tract, S 19
deg. 17 min. 53 sec. E 510.85 feet to a pipe found at a fence corner.
THENCE with the West line of the tract called 148.81 acres as
described in a deed to J.G. Fowler, et. ux., recorded in Vol. 313,
Pg. 286, S 19 deg. 22 min. 03 sec. E 1383.09 feet to an iron pin
found; continuing with the West line of the Lawrence Havelka
property described in Doc. 9747592, S 19 deg. 01 min. 58 sec. E
441.42 feet to an iron pin found. THENCE with the South line of the
Fowler Second Tract, along the general line of an existing fence,
finding iron pins at bends as follows; S 70 deg. 50 min. 48 sec. W
771.35 feet ; S 70 deg. 58 min. 54 sec. W 747.25 feet; S 70 deg. 58
min. 35 sec. W 639.20 feet; and S 70 deg. 54 min. 59 sec. W 380.77
feet to the POINT OF BEGINNING.
Said Part 1, Part 2 and Part 3 containing a total of 426.80
total acres of land and 10,750,608 total square feet of land.
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) Chester Collinsworth;
(2) Robert Tranchon;
(3) Byron Goode;
(4) Lee Weber; and
(5) David Swayze.
(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 Chapters 49 and
54, Water Code, applicable to municipal utility districts created
under Section 59, Article XVI, Texas Constitution.
SECTION 12. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR
RESOLUTIONS. Subject to the limitations of Section 54.016, Water
Code, the district shall comply with all applicable requirements of
any ordinance or resolution adopted by a municipality in the
corporate limits or extraterritorial jurisdiction of which the
district is located, including an ordinance or resolution adopted
before the effective date of this Act, that consents to the creation
of the district or to the inclusion of lands within the district.
SECTION 13. 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 14. 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.