This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
78R13542 SGA-F
By: Krusee H.B. No. 3608
Substitute the following for H.B. No. 3608:
By: Puente C.S.H.B. No. 3608
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of the Northeast Williamson County
Municipal Utility District.
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 Northeast Williamson County
Municipal Utility District.
SECTION 2. CREATION. (a) A conservation and reclamation
district, to be known as the Northeast Williamson County Municipal
Utility District, is created in Williamson County, subject to
approval at a confirmation election under Section 12 of this Act.
(b) The district is a governmental agency and a political
subdivision of this state.
SECTION 3. AUTHORITY FOR CREATION. The district is created
under and is essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution.
SECTION 4. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) 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 5. BOUNDARIES. The district includes the territory
contained within the following area in Williamson County:
Being 208.777 acres of land situated in the Robert McNutt
Survey, Abstract No. 422, Williamson County, Texas, and being all
of a called 15-acre tract and a portion of a called 84.88 acre tract
both being described under Document No. 9903832 in the Official
Records of Williamson County, Texas (O.R.W.C.T.); a portion of a
called 15-acre tract described under Document No. 993830 in the
O.R.W.C.T.; all of a called 64.01-acre tract and all of a 0.6-acre
tract both being described under Document No. 2000067229 in the
O.R.W.C.T.; all of a called 22.0-acre tract described as Tract 3
under Document No. 2000067229 in the O.R.W.C.T. and further defined
in Volume 648, Page 33 of the Williamson County Deed Records; and
all of that called 22.0-acre tract as described in Volume 648, Page
447 of the Williamson County Deed Records. Said 208.777 acres being
more particularly described as follows with bearings herein are
based on the east line of said 84.88 acre tract being South 00°21'00"
West;
BEGINNING at the northwest corner of said 15 acre tract
described under Document No. 9903832 and being on the south
right-of-way line of CR 109;
THENCE, South 89°51'30" East, 1581.34 feet, along said south
right-of-way line to a point for corner and being the northwest
corner of a called 3.0176 acre tract of land as described under
Document No. 9903832 of the O.R.W.C.T.;
THENCE, South 00°06'43" West, 137.41 feet to a point for
corner of the herein-described tract;
THENCE, North 89°28'10" West, 28.26 feet to a point for corner
of the herein-described tract;
THENCE, South 00°31'50" West, 34.10 feet to a point for corner
of the herein-described tract;
THENCE, South 89°28'10" East, 28.51 feet to a point for corner
of the herein-described tract;
THENCE, South 00°06'43" West, 228.46 feet to a point for
corner of the herein-described tract;
THENCE, North 89°59'47" East, 326.37 feet to a point for
corner of the herein-described tract;
THENCE, North 00°10'01" East, 399.14 feet to a point for
corner of the herein-described tract and being on the
aforementioned south right-of-way line of CR 109;
THENCE, South 89°51'30" East, 150.96 feet along said south
right-of-way line to a point for corner;
THENCE, South 87°35'00" East, 164.00 feet continuing along
said right-of-way line to a point for corner;
THENCE, South 80°43'00" East, 119.43 feet to the northeast
corner of the herein-described tract;
THENCE, South 00°21'00" West, 2341.04 feet to a point for
corner of the herein-described tract and marking the southeast
corner of the aforementioned 84.88 acre tract;
THENCE, South 89°40'30" West, 687.90 feet to a point for
corner of the herein-described tract;
THENCE, South 00°06'00" East, 2328.81 feet to a point for
corner of the herein-described tract and marking the southeast
corner of the aforementioned 64.01 acre tract;
THENCE, South 89°59'37" West, 1778.50 feet to a point for
corner of the herein-described tract located on the east
right-of-way line of CR 110 and marking the southwest corner of said
64.01 acre tract;
THENCE, North 00°02'30" East, 2143.96 feet along the east
right-of-way line of said CR 110 to a point for corner of the
herein-described tract;
THENCE, along the right-of-way line of said CR 110 the
following seven (7) courses and distances:
1) North 03°19'30" West, 100.00 feet to a point for corner;
2) North 14°36'30" West, 86.40 feet to a point for corner;
3) North 14°36'29" West, 13.60 feet to a point for corner;
4) North 30°40'00" West, 100.00 feet to a point for corner;
5) North 43°17'00" West, 100.00 feet to a point for corner;
6) North 48°00'30" West, 119.00 feet to a point for corner;
7) North 43°31'00" West, 24.18 feet to a point for corner and
marking the most westerly corner of the aforementioned 0.6-acre
tract;
THENCE, East, 987.56 feet leaving said east right-of-way line
of CR 110 to a point for corner of the herein-described tract;
THENCE, North 00°16'01" East, 720.17 feet to a point for
corner of the herein-described tract;
THENCE, West, 390.20 feet to a point for corner of the
herein-described tract;
THENCE, North, 397.91 feet to a point for corner of the
herein-described tract and marking the northeast corner of the
aforementioned 15 acre tract as recorded under Document No.
9903830 of the O.R.W.C.T.;
THENCE, West, 210.73 feet to a point for corner of the
herein-described tract and marking the southwest corner of the
aforementioned 15 acre tract as described under Document No.
9903832 of the O.R.W.C.T.;
THENCE, North, 990.59 feet along to the POINT OF BEGINNING
and containing a computed area of 208.777 acres (9,094,308 Square
Feet) of land.
SECTION 6. 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 7. GENERAL POWERS. (a) 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.
(b) The rights, powers, privileges, authority, functions,
and duties of the district are subject to the continuing right of
supervision of the state to be exercised by and through the
commission.
SECTION 8. APPLICABILITY OF OTHER LAW. This Act prevails
over any provision of general law that is in conflict or
inconsistent with this Act.
SECTION 9. 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 12 of this Act.
(c) Initial directors serve until the election of permanent
directors under Section 13 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.
SECTION 10. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Bill Gordon;
(2) Mark Scott;
(3) Brian Sharp;
(4) Jesse Whittenton; and
(5) Jack Nelson.
(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.
(c) A temporary director shall take the oath of office and
execute a bond to qualify for holding office as soon as practicable
after the effective date of this Act.
(d) A temporary director is not required to own land in or be
a resident of the district.
(e) Until initial directors are elected and qualified to
hold office, the temporary directors shall exercise all rights,
powers, privileges, authority, functions, and duties conferred on
the district by general law, including Chapters 49 and 54, Water
Code.
SECTION 11. METHOD OF ELECTING DIRECTORS. Directors shall
be elected at large.
SECTION 12. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary board shall hold an election to confirm
establishment of the district and to elect five initial directors
as provided by Section 49.102, Water Code.
(b) At the confirmation 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 make payments under a contract.
(c) The initial directors elected shall draw lots to
determine which two directors shall serve terms lasting until the
first regularly scheduled directors' election under Section 13 of
this Act and which three shall serve until the second regularly
scheduled directors' election.
(d) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held under this
section.
SECTION 13. 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 to elect two
directors.
(b) On the first Saturday in May of each subsequent
even-numbered year, the appropriate number of directors shall be
elected.
SECTION 14. 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.
(b) The governor has submitted the notice and Act to the
commission.
(c) 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.
(d) 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 15. 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
September 1, 2003.
(b) If the creation of the district is not confirmed at a
confirmation election held under Section 12 of this Act before
September 1, 2007, this Act expires on that date.