By: Gattis (Senate Sponsor - Ogden) H.B. No. 4778
(In the Senate - Received from the House May 18, 2009;
May 19, 2009, read first time and referred to Committee on
Intergovernmental Relations; May 23, 2009, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 5,
Nays 0; May 23, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 4778 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Northwest Williamson County
Municipal Utility District No. 1; providing authority to impose a
tax and issue bonds; granting a limited power of eminent domain.
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 8349 to read as follows:
CHAPTER 8349. NORTHWEST WILLIAMSON COUNTY MUNICIPAL UTILITY
DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8349.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Northwest Williamson County
Municipal Utility District No. 1.
Sec. 8349.002. NATURE OF DISTRICT. The district is a
municipal utility district created under and essential to
accomplish the purposes of Section 59, Article XVI, and Section 52,
Article III, Texas Constitution.
Sec. 8349.003. CONFIRMATION ELECTION REQUIRED. (a) The
board shall hold an election to confirm the creation of the district
as provided by Section 49.102, Water Code.
(b) If the creation of the district is not confirmed at a
confirmation election before September 1, 2013:
(1) the district is dissolved September 1, 2013,
except that the district shall:
(A) pay any debts incurred;
(B) transfer to Williamson County any assets that
remain after the payment of debts; and
(C) maintain the organization of the district
until all debts are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2016.
Sec. 8349.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8349.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8349.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
All land and other property in the district will benefit from the
improvements and services to be provided by the district.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, or improvement of
macadamized, graveled, or paved roads described by Section 54.234,
Water Code, or improvements, including storm drainage, bridges, and
appurtenances, in aid of those roads.
Sec. 8349.006. 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 the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose an assessment or tax; or
(4) legality or operation.
[Sections 8349.007-8349.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8349.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Directors serve staggered four-year terms.
Sec. 8349.052. INITIAL DIRECTORS. (a) The initial board
consists of:
(1) Kevin Boscamp;
(2) Ken Willey;
(3) Trip Leon;
(4) Bill Woodall; and
(5) Bruce Hollingsworth.
(b) Unless the initial board agrees otherwise, the initial
directors shall draw lots to determine which two shall serve until
the first regularly scheduled election of directors and which three
shall serve until the second regularly scheduled election of
directors.
(c) This section expires September 1, 2016.
[Sections 8349.053-8349.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8349.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8349.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers 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.
Sec. 8349.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, and convey to
this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, bridges, and appurtenances, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the Texas Commission on Environmental Quality as required by
Section 54.234, Water Code.
Sec. 8349.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8349.103
unless:
(1) the municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
(c) The district's construction, repair, and maintenance of
streets under this section must meet all applicable construction
standards and regulations of Williamson County.
Sec. 8349.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any resolution that is adopted by the governing
body of a municipality under Section 54.016 or 54.0165, Water Code,
and that consents to the creation of the district or to the
inclusion of land in the district.
Sec. 8349.106. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8349.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
Sec. 8349.107. REGIONAL WASTE DISPOSAL POWERS AND DUTIES.
The district has the powers and duties applicable to a district
under Chapter 30, Water Code.
Sec. 8349.108. WASTEWATER TREATMENT FACILITY DESIGN
APPROVAL. The district must obtain the approval of the Brazos River
Authority for the design of a district wastewater treatment
facility.
Sec. 8349.109. 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. 8349.110. COMPLIANCE WITH FEBRUARY 2005 AGREEMENT.
The district shall comply with the terms of the "Agreement
Regarding Sewer Services Areas and Customers" among the Lower
Colorado River Authority, the Brazos River Authority, the City of
Georgetown, the City of Liberty Hill, and the Chisholm Trail
Special Utility District dated February 1, 2005.
[Sections 8349.111-8349.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8349.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by revenue or contract payments from a source
other than ad valorem taxes.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes. An ad valorem tax rate imposed by
the district may not exceed the rate approved at the election.
Sec. 8349.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8349.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
[Sections 8349.153-8349.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8349.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8349.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
the time bonds or other obligations payable wholly or partly from ad
valorem taxes are issued:
(1) the board shall impose a continuing direct annual
ad valorem tax, at a rate not to exceed the rate approved at an
election held under Section 8349.151, for each year that all or part
of the bonds are outstanding; and
(2) the district annually shall impose an ad valorem
tax on all taxable property in the district in an amount sufficient
to:
(A) pay the interest on the bonds or other
obligations as the interest becomes due;
(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date; and
(C) pay the expenses of imposing the taxes.
Sec. 8349.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Northwest Williamson County Municipal
Utility District No. 1 initially includes all the territory
contained in the following area:
Tract I
BEING 129.95 acres of the James Northcross Survey, Abstract
No. 478, in Williamson County, Texas; part of the tract called
162.755 acres (less exceptions) which is described in a deed to DEC
Circle C Ranch Ltd. of record in Doc. 2000085838, Official Records
of Williamson County, Texas. This tract was surveyed on the ground
in December of 2004, by Williams F. Forest, Jr., Registered
Professional Land Surveyor No. 1847.
BEGINNING at an iron pin which was set for the lower Northeast
corner of the said 162.755 acre tract, and for a corner of a
property which is described in a deed to K.W. Daniels of record in
Doc. 1998037189.
THENCE along the fenced East line of the said 162.755 acre
tract, S 18 deg. 55 min. 37 sec. E 1635.48 feet to a pipe post fence
corner found at the most Northerly East corner of an 18.34 acre
tract conveyed to The Mike Konle Trust in Doc. 2001088810.
THENCE along the fenced boundary of the said 162.755 acre
tract; S 69 deg. 43 min. 45 sec. W 1164.54 feet to a pipe post found
at the Northeast corner of 34.74 acre tract owned by C.D. Sherwood
and described in Vol. 594, Pg. 531; S 69 deg. 49 min. 40 sec. W
1203.87 feet to an iron pin found at a fence corner; and S 14 deg. 11
min. 49 sec. E 1164.86 feet to an iron pin found at a fence corner.
THENCE with the North line of the 0.72 acre exception tract
described in Doc. 2000085838, finding iron pins at bends in the
fence as follows; S 39 deg. 14 min. 11 sec. W 160.52 feet; S 22 deg.
54 min. 47 sec. W 211.26 feet; and S 00 deg. 24 min. 34 sec. E 211.57
feet to a nail found in the concrete base of a fence corner post. An
iron pin found stands N 70 deg. 19 min. 01 sec. E 2.44 feet.
THENCE with the North line of County Road 289, S 71 deg. 31
min. 37 sec. W 323.55 feet to an iron pin found.
THENCE with the boundary of the 9.5 acre tract conveyed to
Deborah E. Ivicic in Doc. 1998018246, N 19 deg. 05 min. 07 sec. W
991.53 feet to an iron pin found; and S 71 deg. 05 min. 12 sec. W
401.03 feet to an iron pin set in the East line of the 14 acres
conveyed to a D.W. Anderson in Doc. 1998010248.
THENCE N 12 deg. 54 min.12 sec. E 2944.388 feet to and iron
pin found.
THENCE with the North boundary of the said 162.755 acre
tract, finding pipe post fence corners as follows; N 72 deg. 33 min.
58 sec. E 331.83 feet; S 16 deg. 51 min. 12 sec. E 147.920 feet; and
N 72 deg. 41 min. 18 sec. E 1656.79 feet to the POINT OF BEGINNING.
Tract II
BEING 9.50 acre of the James Northcross Survey, Abstract No.
478, in Williamson County, Texas; part of the tract called 9.5 acres
as described in a Correction Deed to Deborah Elizabeth Ivicic, of
record in Doc. 1998018246, Official Records of Williamson County,
Texas. This tract was surveyed on the ground in December of 2004, by
William F. Forest, Jr., Registered Professional Land surveyor No.
1847.
BEGINNING at an iron pin which was found in the North line of
County Road 289, at the Southwest corner of the said Deborah Ivicic
9.5 acre tract and at the Southeast corner of a 6.68 acre tract.
THENCE with the West line of the said 9.5 acre Ivicic tract, N
19 deg. 05 min. 48 sec. W 965.73 feet to an iron pin set in the East
line of a 14 acre tract which is described in a deed to Daniel W.
Anderson of record in Doc. 1998018248.
THENCE with the East line of the Anderson 14 acres, N 12 deg.
54 min. 12 sec. E 30.93 feet to an iron pint set.
THENCE with the North line of the Deborah Ivicic 9.5 acres, N
70 deg. 05 min. 12 sec. E 401.03 feet to and iron pin found.
THENCE with the East boundary of the Ivicic 9.5 acres, S 19
deg. 05 min. 07 sec. E 991.53 feet to an iron pin found.
THENCE with the north Line of County Road 289, S 71 deg. 26
min. 57 sec. W 24.90 feet to an iron pin found; and S 70 deg. 59 min.
36 sec. W 392.32 feet to the POINT OF BEGINNING.
TRACT III
BEING 6.68 acres of the James Northcross Survey, Abstract No.
478, in Williamson County, Texas; part of the tract called 162.775
acres (less exceptions) which is described in a deed to DEC Circle C
Ranch Ltd. of record in Doc. 2000085838, Official Records of
Williamson County, Texas. This tract was surveyed on the ground in
December of 2004, by William F. Forest, Jr., Registered
Professional Land Surveyor No. 1847.
BEGINNING at an iron pin which was found in the North line of
County Road 289, at the Southeast corner of the 14.00 acre exception
tract which is described in Doc. 2000085838 (the same 14.00 acre
tract which is described in a deed to Daniel W. Anderson of record
in Doc. 1998018248). A nail found in the concrete base of a fence
corner post (at the Southwest corner of the said 162.755 acres)
stands S 70 deg. 58 min. 03 sec. W 174.52 feet.
THENCE with the East line of the said 14.00 acre tract, N 12
deg. 54 min. 12 sec. E 1137.98 feet to an iron pin set in the West
line of the 9.5 acre Exception tract that is described in Doc.
2000085838 and as conveyed by a Correction Deed to Deborah E. Ivicic
in Doc. 1998018246. An iron pin found stands N 19 deg. 05 min. 48
sec. W 26.28 feet.
THENCE with the West line of said 9.5 Deborah Ivicic tract, S
19 deg. 05 min. 48 sec. E 965.73 feet to an iron pin found.
THENCE with the North line of County Road 289, S 70 deg. 58
min. W 603.04 feet to the POINT OF BEGINNING.
TRACT IV
BEING 13.99 acres of the James Northcross Survey, Abstract
No. 478, in Williamson County, Texas. This tract is the same tract
which is called 14 acres and described in a deed to Daniel W.
Anderson of record in Doc. 1998018248, Official Records of
Williamson County, Texas. This tract was surveyed on the ground in
December of 2004, by William F. Frost, Jr., Registered Professional
Land Surveyor No. 1847.
BEGINNING at a nail found in the concrete base of a fence
corner post in the North line of County Road 289, at the Southwest
corner of said 14.00 acre Anderson tract.
THENCE with the West line of said 14.00 acre tract, N 12 deg.
54 min. 15 sec. E 4119.77 feet to an iron pin found at a fence
corner.
THENCE with the North boundary of the said 14 acre tract, N 72
deg. 39 min. 14 sec. E 171.38 feet to an iron pin found.
THENCE S 12 deg. 54 min. 12 sec. W passing iron pins set on
line, continuing in all 4113.79 feet to an iron pin found.
THENCE S 70 deg. 58 min. 03 sec. W 174.52 feet to the POINT OF
BEGINNING.
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 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, 2009.
* * * * *