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 bonds. 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:
Sec. 8133.001. DEFINITIONS. In this chapter: (1) "Board" means the board of directors of the district. (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, Texas Constitution. 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, except that: (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 transferred; and (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 district; (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]
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 8133.023; or (2) the date this chapter expires under Section 8133.003. 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 section. 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]
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]
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 facility. 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 following area: 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, Government Code. (b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality. (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 and accomplished. 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 APPROVED: _____________________ Date _____________________ Governor