H.B. No. 3548
relating to the creation of the Williamson County Municipal Utility
District No. 16; providing authority to impose a tax and issue
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8133 to read as follows:
CHAPTER 8133. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 16
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8133.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
(2) "Director" means a member of the board.
(3) "District" means the Williamson County Municipal
Utility District No. 16.
Sec. 8133.002. NATURE OF DISTRICT. The district is a
municipal utility district in Williamson County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Sec. 8133.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8133.023 before September 1, 2009:
(1) the district is dissolved September 1, 2009,
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Williamson County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
(2) this chapter expires September 1, 2012.
Sec. 8133.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect:
(1) the organization, existence, or validity of the
(2) the right of the district to impose taxes; or
(3) the legality or operation of the board.
Sec. 8133.005. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapters 30, 49, and 54, Water
Code, apply to the district.
[Sections 8133.006-8133.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8133.021. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Glynn D. Buie;
(2) Jim Caskey;
(3) James A. Davidson, Jr.;
(4) John W. Stewart; and
(5) Tom W. Swinbank.
(b) Temporary directors of the district are not required to
own land in or be residents of the district.
(c) 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 Texas Commission on
Environmental Quality shall appoint the necessary number of persons
to fill all vacancies on the board.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
(2) the date this chapter expires under Section
Sec. 8133.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, a
majority of the temporary directors shall convene the
organizational meeting of the district at a location in the
district agreeable to a majority of the directors. If a location
cannot be agreed upon, the organizational meeting shall be at the
Williamson County Courthouse.
Sec. 8133.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a) The temporary directors shall hold an election to
confirm the creation of the district and to elect five initial
directors as provided by Section 49.102, Water Code. If the
creation of the district is not confirmed at the initial election,
the temporary directors may hold a second election not sooner than
the first anniversary of the initial election.
(b) At the confirmation and initial directors' election the
board may submit to the voters a proposition to authorize:
(1) an issuance of bonds;
(2) a maintenance tax; or
(3) a tax to fund payments required under a contract.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held under this
Sec. 8133.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8133.023 shall draw lots to
determine which two shall serve terms expiring June 1 following the
first regularly scheduled election of directors under Section
8133.052 and which three shall serve until June 1 following the
second regularly scheduled election of directors.
Sec. 8133.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2012.
[Sections 8133.026-8133.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8133.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms that expire
June 1 of even-numbered years.
Sec. 8133.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8133.053-8133.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8133.101. WASTEWATER TREATMENT FACILITY DESIGN
APPROVAL. The district must obtain the approval of the Brazos River
Authority for the design of any district wastewater treatment
Sec. 8133.102. WASTEWATER SERVICE PROVIDERS. Only the
Brazos River Authority or a provider approved by the Brazos River
Authority may provide wastewater service in the district.
Sec. 8133.103. COMPLIANCE WITH SEWER SERVICE AGREEMENT.
The district shall comply with the terms and conditions of the
"Agreement Regarding Sewer Service Areas and Customers by and
between Lower Colorado River Authority, Brazos River Authority,
City of Georgetown, City of Liberty Hill and Chisholm Trail Special
Utility District" dated February 1, 2005.
SECTION 2. The Williamson County Municipal Utility District
No. 16 initially includes the territory contained within the
BEING 151.62 acres of the John F. Furguson Survey, A-231, in
Williamson County, Texas. This property contains a 101.02 acre
Tract II which is described in a deed to Sam L. Pfiester and Rebecca
K. Pfiester, of record in Vol. 842, Pg. 469; and a 50.51 acre tract
which was conveyed in Vol. 907, Pg. 610, Deed Records of Williamson
County, Texas. Surveyed on the ground in January of 2005, by
William F. Forest, Jr., Registered Professional Land Surveyor No.
1847. Said 151.62 acres being more particularly described by metes
and bounds as follows:
BEGINNING at an iron pin which was set for the northeast
corner of the said 50.51 acre Pfiester tract, on or near the North
line of the J.F. Furguson Survey. According to record data the
Northeast corner of the said J.F. Furguson Survey stands about N 72
deg. E 2465.0 feet, more or less. THENCE with the East line of the
said 50.51 acre tract, S 18°52' E 1246.96' to an iron pin set; S
18°42' E 351.09' to an iron pin found; S 21°50' E 320.42' to an iron
pin set; and S 21°48'50" E 2743.22' to a concrete right-of-way
monument found. THENCE with the North line of State Highway 29, S
78°26'31" W 1288.84 feet to an iron pin set; S 83°15' W 244.62' to a
concrete right-of-way monument found at the beginning of a curve to
the right having a radius of 1074.84' and a tangent of 141.69 feet,
continuing with the arc of the curve 281.75 feet, the chord bears S
85 deg. 57 min. 05 sec. W 280.95 feet to an iron pin found at the
Southeast corner of the William Gardiner property described in Vol.
728, Pg. 153. THENCE with the West line of the 101.02 acre Tract II
described in Vol. 842, Pg. 469, as follows; N 12° 18' W 419.87' to an
iron pin set; N 31°22'15" W 892.74 feet to an iron pin found; S
86°33'24" W 177.85' to an iron pin found; finding iron pins as
follows; N 03°28'48" W 382.43'; N 03°17' W 1131.12'; N 70°50'58" E
277.62'; N 72°10' E 403.68' to an iron pin set; and N 17°53'59" W
1592.82' to an iron pin set. THENCE along or near the North line of
the J.F. Furguson Survey, N 71°51' E 332.05' to an iron pin set; and
N 71°51' E 503.82' to the POINT OF BEGINNING, containing a total of
151.62 acres (6,604,567 total square feet) of land, more or less.
SECTION 3. (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,
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the 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
SECTION 4. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 3548 was passed by the House on May
20, 2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 3548 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate