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By: Fraser S.B. No. 1895
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation and financing of the Bluebonnet 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 Bluebonnet Municipal Utility
District.
SECTION 2. CREATION. (a) A municipal utility district, to
be known as the Bluebonnet Municipal Utility District, is created
in Travis and Burnet Counties, 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:
A DESCRIPTION OF 759.150 ACRES OF LAND SITUATED IN THE
L. & A. SHAFFER SURVEY NO. 58, THE BENNETT BUTTLER
SURVEY NO. 306, THE R. CHAPPELL SURVEY NO. 61, THE
MARINDA REID SURVEY NO. 654 AND THE MARIA C. SALINAS
SURVEY NO. 17, TRAVIS COUNTY AND BURNETT COUNTY,
TEXAS, BEING A PORTION OF THAT CERTAIN 654.53 ACRES OF
LAND, DESIGNATED AS TRACT THREE, CONVEYED TO MALCOLM
B. LEVI, JR. BY DEED RECORDED IN VOLUME 6511, PAGE 1283
OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS AND ALL OF
THAT CERTAIN 289.96 ACRES CONVEY TO MIKE LEVI BY DEED
RECORDED IN VOLUME 10033, PAGE 187 OF THE REAL PROPERTY
RECORDS OF TRAVIS COUNTY, TEXAS, SAID 759.150 ACRES
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING at a 5/8 inch iron rod with plastic cap marked "RPLS 4532"
set on the northeast right-of-way (R.O.W.) line of State Highway
No. 71 and the southwest line of said Tract Three from which a 1/2
inch iron rod found at a point of curvature on the northeast
right-of-way (R.O.W.) line of said State Highway No. 71 at
centerline highway station 697+05.2 bears N57°21'06"W, 457.65 feet;
THENCE crossing said Tract Three along an eight (8) foot high game
fence as found used upon the ground the following nine (9) courses:
1. N43°45'56"E, at a distance of 0.84 feet pass a metal fence
post continuing for a total distance of 1179.14 feet to a
metal fence post,
2. N11°21'19"W, 631.91 feet to a metal fence post found,
3. N09°06'28"W, 639.53 feet to a metal fence post found,
4. N13°48'01"W, 677.87 feet to a metal fence post found,
5. N14°06'52"W, 228.91 feet to a metal fence post found,
6. N09°37'12"W, 14.28 feet to a metal fence post found,
7. N09°43'55"W, 189.73 feet to a metal fence post found,
8. N12°02'10"W, 257.03 feet to a metal fence post found, and
9. N18°02'04"W, 529.85 feet to a 5/8 inch iron rod with
plastic cap marked "RPLS 4532" set;
THENCE, departing said game fence, continuing across said Tract
Three the following five (5) courses:
1. N53°11'54"W, 283.40 feet to a 5/8 inch iron rod with
plastic cap marked "RPLS 4532" set,
2. N27°55'24"W, 234.99 feet to a 5/8 inch iron rod with
plastic cap marked "RPLS 4532" set,
3. N53°33'22"W, 112.65 feet to a 5/8 inch iron rod with
plastic cap marked "RPLS 4532" set,
4. N35°13'46"W, 131.56 feet to a 5/8 inch iron rod with
plastic cap marked "RPLS 4532" set, and
5. N06°48'08"W, 264.97 feet to a 5/8 inch iron rod with
plastic cap marked "RPLS 4532" set on the north line of
said Tract Three for the southwest corner of said 289.96
acres being the southeast corner of that certain 184.12
acres of land conveyed to Betty Ann Hollingsworth
Herbert by deed recorded in Volume 11690, Page 447 of the
said Real Property Records;
THENCE along the west line of said 289.96 acres and the east line of
said 184.12 acres, as fenced, the following two (2) courses:
1. N01°11'59"W, 2524.47 feet to a 3/8 inch iron rod found,
and
2. N01°18'01"W, 2875.05 feet to a 1/2 inch iron rod found for
the northwest corner of said 289.96 acres and the
northeast corner of said 184.12 acres on the south line
of that certain 333.55 acres of land conveyed to Michelle
Segall Bassett and Lynn Darrell Segal, Et. Al. By deeds
recorded in Volume 838, Page 494 and Volume 896, Page 314
of the Official Public Records of Burnet County, Texas;
THENCE, departing the east line of said 184.12 acres, along the
north line of said 289.96 acres and the south line of said 333.55
acres, as fenced, N88°39'17"E, 2321.20 feet to a 5/8 inch iron rod
with plastic cap marked "RPLS 4532" set for the northeast corner of
said 289.96 acres and the southeast corner of said 333.55 acres on
the west line of that certain 36.724 acres of land conveyed to Ralph
Bowman Thomas by deed recorded in Volume 12112, Page 1719 of the
said Real Property Records;
THENCE, departing the north line of said 289.96 acres and the south
line of said 333.55 acres, along the east line of said 289.96 acres,
the west line of said 36.724 acres, the west line of that certain
97.9 acres conveyed to F. G. Ramsey, Et. Ux. By deed recorded in
Volume 2511, Page 582 of the said Deed Records and the west and
south lines of that certain 90.08 acres conveyed to Foster G.
Ramsey, Et. Ux. By deed recorded in Volume 3480, Page 205 of the
said Deed Records, as fenced, the following fifteen (15) courses:
1. S02°01'27"E, 378.12 feet to a 1/2 inch iron rod found,
2. S00°35'50"E, 607.34 feet to a 1/2 inch iron rod found,
3. S00°01'27"E, 190.41 feet to a 1/2 inch iron rod found,
4. S01°16'30"E, 728.08 feet to a 1/2 inch iron rod found,
5. S01°27'20"E, 1144.21 feet to a 1/2 inch iron rod found,
6. S01°59'41"E, 224.48 feet to a 1/2 inch iron rod found,
7. S00°33'20"E, 49.31 feet to a 1/2 inch iron rod found,
8. S00°28'42"W, 232.02 feet to a 1/2 inch iron rod found,
9. S00°15'29"E, 205.16 feet to a 1/2 inch iron rod found,
10. S00°42'09"W, 475.15 feet to a 5/8 inch iron rod with
plastic cap marked "RPLS 4532" set,
11. S01°55'33"E, 867.34 feet to a 1/2 inch iron rod found,
and
12. S02°18'50"E, 303.71 feet to a 5/8 inch iron rod with
plastic cap marked "RPLS 4532" set for the southwest
corner of said 90.08 acres,
13. S76°09'19"E, 1538.58 feet to a 1/2 inch iron rod found,
14. S48°03'50"E, 90.66 feet to a 1/2 inch iron rod found, and
15. S77°11'35"E, 466.41 feet to a 1/2 inch iron rod found for
the most easterly southeast corner of said 289.96 acres
and the southeast corner of said 90.08 acres on the west
right-of-way (R.O.W.) line of Paleface Ranch Road,
formerly known as Haynie Flat Road (R.O.W. varies);
THENCE, departing the south line of said 90.08 acres, along the east
line of said 289.96 acres, the east line of said Tract Three and the
west R.O.W. line of said Paleface Ranch Road, as fenced, the
following two (2) courses:
1. S33°36'13"W, 308.32 feet to a metal fence post found, and
2. S30°01'35"W, 113.86 feet to a concrete monument found for
the most easterly corner of that certain electric
easement containing 2.25 acres of land conveyed to Lower
Colorado River Authority (LCRA) by deed recorded in
Volume 2226, Page 410 of the said Deed Records;
THENCE, departing the west R.O.W. line of said Paleface Ranch Road,
continuing along the east line of said Tract Three, along the
northeast and northwest lines of said 2.25 acres, and the northwest
and southwest lines of that certain 2.56 acres of land conveyed to
LCRA by deed recorded in Volume 4608, Page 754 of the said Deed
Records, as fenced, the following three (3) courses:
1. N45°08'15"W, 298.35 feet to a concrete monument found for
the north corner of said 2.25 acres,
2. S44°51'19"W, 500.99 feet to a to a concrete monument found
for the west corner of said 2.56 acres, and
3. S45°06'05"E, 435.56 feet to a to a concrete monument found
for the south corner of said 2.56 acres on the west
R.O.W. line of said Paleface Ranch Road;
THENCE, departing the southwest line of said 2.56 acres, continuing
along the east line of said Tract Three and the west R.O.W. line of
said Paleface Ranch Road, as fenced, the following nineteen (19)
courses:
1. S28°33'51"W, 38.65 feet to a 5/8 inch iron rod with
plastic cap marked "RPLS 4532" set,
2. S14°52'45"W, 209.27 feet to a 5/8 inch iron rod with
plastic cap marked "RPLS 4532" set,
3. S04°42'15"W, 579.46 feet to a metal fence post found,
4. S07°26'04"E, 112.44 feet to a metal fence post found,
5. S34°32'10"E, 137.10 feet to a metal fence post found,
6. S57°58'28"E, 756.26 feet to a metal fence post found,
7. S41°50'29"E, 127.18 feet to a metal fence post found,
8. S24°19'01"E, 106.71 feet to a metal fence post found,
9. S02°34'54"E, 116.42 feet to a metal fence post found,
10. S16°21'08"W, 118.48 feet to a metal fence post found,
11. S28°42'52"W, 27.91 feet to a metal fence post found,
12. S43°19'53"W, 548.42 feet to a metal fence post found,
13. S04°12'15"W, 209.74 feet to a metal fence post found,
14. S09°15'46"E, 1054.22 feet to a metal fence post found,
15. S10°31'14"W, 211.69 feet to a metal fence post found,
16. S18°42'55"W, 332.38 feet to a metal fence post found,
17. S04°11'54"E, 260.18 feet to a metal fence post found,
18. S31°27'51"E, 535.04 feet to a metal fence post found, and
19. S09°36'02"E, 716.55 feet to a 1/2 inch iron rod found at
a non-tangent point of curvature;
THENCE, departing the east line of said Tract Three, crossing said
Tract Three along the west R.O.W. line of said Paleface Ranch Road,
as fenced, the following two (2) courses:
1. a distance of 505.90 feet along the arc of a curve to the
right whose radius is 686.75 feet, central angle is
42°12'27" and whose chord bears S11°40'34"W, 494.54 feet
to a 1/2 inch iron rod found, and
2. S33°00'05"W, at 93.03 feet pass a 10 inch cedar fence post
found, continuing for a total distance of 95.53 feet to a
5/8 inch iron rod with plastic cap marked "RPLS 4532" set
on the northeast R.O.W. line of said State Highway No. 71
and the southwest line of said Tract Three;
THENCE, departing the west R.O.W. line of said Paleface Ranch Road,
along the northeast R.O.W. line of said State Highway No. 71 and the
southwest line of said Tract Three, as fenced, N57°21'06"W, 4783.17
feet to the POINT OF BEGINNING containing 759.150 acres of land,
more or less.
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) Charles Auler
(2) Tom Martine
(3) Trent Chastain
(4) Tom Granger
(5) Don Walden
(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.
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. The district shall
also have powers to finance and construct necessary roadways within
the boundaries of the district. The district shall also have the
power and authority to divide into two or more districts following
the procedure set forth in Sections 51.749 through 51.758, Water
Code, without any further approval or consent.
SECTION 12. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. A
municipality in whose extraterritorial jurisdiction the district
is located, partially or in its entirety, 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 land
within the district pursuant to Chapter 43 of the Local Government
Code only after the installation of 90 percent of all works,
improvements, facilities, plants, equipment, and appliances
necessary and adequate to:
(1) provide service to the proposed development within
the district;
(2) accomplish the purposes for which the district was
created; and
(3) exercise the powers provided by the general law of
this state and this article.
(b) Such installation of 90 percent prior to any annexation
of land within the district by a municipality is required
regardless of whether the district is located within the
extraterritorial jurisdiction of one or more municipalities.
(c) 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 and 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. This Act
takes effect September 1, 2005.