Texas 2009 - 81st Regular

Texas House Bill HB4778 Compare Versions

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1	1	H.B. No. 4778
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Northwest Williamson County
6	6	Municipal Utility District No. 1; providing authority to impose a
7	7	tax and issue bonds; granting a limited power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8349 to read as follows:
11	11	CHAPTER 8349. NORTHWEST WILLIAMSON COUNTY MUNICIPAL UTILITY
12	12	DISTRICT NO. 1
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8349.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Director" means a board member.
17	17	(3) "District" means the Northwest Williamson County
18	18	Municipal Utility District No. 1.
19	19	Sec. 8349.002. NATURE OF DISTRICT. The district is a
20	20	municipal utility district created under and essential to
21	21	accomplish the purposes of Section 59, Article XVI, and Section 52,
22	22	Article III, Texas Constitution.
23	23	Sec. 8349.003. CONFIRMATION ELECTION REQUIRED. (a) The
24	24	board shall hold an election to confirm the creation of the district
25	25	as provided by Section 49.102, Water Code.
26	26	(b) If the creation of the district is not confirmed at a
27	27	confirmation election before September 1, 2013:
28	28	(1) the district is dissolved September 1, 2013,
29	29	except that the district shall:
30	30	(A) pay any debts incurred;
31	31	(B) transfer to Williamson County any assets that
32	32	remain after the payment of debts; and
33	33	(C) maintain the organization of the district
34	34	until all debts are paid and remaining assets are transferred; and
35	35	(2) this chapter expires September 1, 2016.
36	36	Sec. 8349.004. CONSENT OF MUNICIPALITY REQUIRED. The
37	37	temporary directors may not hold an election under Section 8349.003
38	38	until each municipality in whose corporate limits or
39	39	extraterritorial jurisdiction the district is located has
40	40	consented by ordinance or resolution to the creation of the
41	41	district and to the inclusion of land in the district.
42	42	Sec. 8349.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
43	43	All land and other property in the district will benefit from the
44	44	improvements and services to be provided by the district.
45	45	(b) The district is created to accomplish the purposes of:
46	46	(1) a municipal utility district as provided by
47	47	general law and Section 59, Article XVI, Texas Constitution; and
48	48	(2) Section 52, Article III, Texas Constitution, that
49	49	relate to the construction, acquisition, or improvement of
50	50	macadamized, graveled, or paved roads described by Section 54.234,
51	51	Water Code, or improvements, including storm drainage, bridges, and
52	52	appurtenances, in aid of those roads.
53	53	Sec. 8349.006. INITIAL DISTRICT TERRITORY. (a) The
54	54	district is initially composed of the territory described by
55	55	Section 2 of the Act creating this chapter.
56	56	(b) The boundaries and field notes contained in Section 2 of
57	57	the Act creating this chapter form a closure. A mistake made in the
58	58	field notes or in copying the field notes in the legislative process
59	59	does not affect the district's:
60	60	(1) organization, existence, or validity;
61	61	(2) right to issue any type of bond for the purposes
62	62	for which the district is created or to pay the principal of and
63	63	interest on a bond;
64	64	(3) right to impose an assessment or tax; or
65	65	(4) legality or operation.
66	66	[Sections 8349.007-8349.050 reserved for expansion]
67	67	SUBCHAPTER B. BOARD OF DIRECTORS
68	68	Sec. 8349.051. GOVERNING BODY; TERMS. (a) The district is
69	69	governed by a board of five elected directors.
70	70	(b) Directors serve staggered four-year terms.
71	71	Sec. 8349.052. INITIAL DIRECTORS. (a) The initial board
72	72	consists of:
73	73	(1) Kevin Boscamp;
74	74	(2) Ken Willey;
75	75	(3) Trip Leon;
76	76	(4) Bill Woodall; and
77	77	(5) Bruce Hollingsworth.
78	78	(b) Unless the initial board agrees otherwise, the initial
79	79	directors shall draw lots to determine which two shall serve until
80	80	the first regularly scheduled election of directors and which three
81	81	shall serve until the second regularly scheduled election of
82	82	directors.
83	83	(c) This section expires September 1, 2016.
84	84	[Sections 8349.053-8349.100 reserved for expansion]
85	85	SUBCHAPTER C. POWERS AND DUTIES
86	86	Sec. 8349.101. GENERAL POWERS AND DUTIES. The district has
87	87	the powers and duties necessary to accomplish the purposes for
88	88	which the district is created.
89	89	Sec. 8349.102. MUNICIPAL UTILITY DISTRICT POWERS AND
90	90	DUTIES. The district has the powers and duties provided by the
91	91	general law of this state, including Chapters 49 and 54, Water Code,
92	92	applicable to municipal utility districts created under Section 59,
93	93	Article XVI, Texas Constitution.
94	94	Sec. 8349.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
95	95	Section 52, Article III, Texas Constitution, the district may
96	96	design, acquire, construct, finance, issue bonds for, and convey to
97	97	this state, a county, or a municipality for operation and
98	98	maintenance macadamized, graveled, or paved roads described by
99	99	Section 54.234, Water Code, or improvements, including storm
100	100	drainage, bridges, and appurtenances, in aid of those roads.
101	101	(b) The district may exercise the powers provided by this
102	102	section without submitting a petition to or obtaining approval from
103	103	the Texas Commission on Environmental Quality as required by
104	104	Section 54.234, Water Code.
105	105	Sec. 8349.104. APPROVAL OF ROAD PROJECT. (a) The district
106	106	may not undertake a road project authorized by Section 8349.103
107	107	unless:
108	108	(1) the municipality or county that will operate and
109	109	maintain the road has approved the plans and specifications of the
110	110	road project; or
111	111	(2) the Texas Transportation Commission has approved
112	112	the plans and specifications of the road project, if the state will
113	113	operate and maintain the road.
114	114	(b) Except as provided by Subsection (a), the district is
115	115	not required to obtain approval from the Texas Transportation
116	116	Commission to design, acquire, construct, finance, issue bonds for,
117	117	improve, or convey a road project.
118	118	(c) The district's construction, repair, and maintenance of
119	119	streets under this section must meet all applicable construction
120	120	standards and regulations of Williamson County.
121	121	Sec. 8349.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
122	122	OR RESOLUTION. The district shall comply with all applicable
123	123	requirements of any resolution that is adopted by the governing
124	124	body of a municipality under Section 54.016 or 54.0165, Water Code,
125	125	and that consents to the creation of the district or to the
126	126	inclusion of land in the district.
127	127	Sec. 8349.106. LIMITATION ON USE OF EMINENT DOMAIN. The
128	128	district may not exercise the power of eminent domain outside the
129	129	district to acquire a site or easement for:
130	130	(1) a road project authorized by Section 8349.103; or
131	131	(2) a recreational facility as defined by Section
132	132	49.462, Water Code.
133	133	Sec. 8349.107. REGIONAL WASTE DISPOSAL POWERS AND DUTIES.
134	134	The district has the powers and duties applicable to a district
135	135	under Chapter 30, Water Code.
136	136	Sec. 8349.108. WASTEWATER TREATMENT FACILITY DESIGN
137	137	APPROVAL. The district must obtain the approval of the Brazos River
138	138	Authority for the design of a district wastewater treatment
139	139	facility.
140	140	Sec. 8349.109. WASTEWATER SERVICE PROVIDERS. Only the
141	141	Brazos River Authority or a provider approved by the Brazos River
142	142	Authority may provide wastewater service in the district.
143	143	Sec. 8349.110. COMPLIANCE WITH FEBRUARY 2005 AGREEMENT.
144	144	The district shall comply with the terms of the "Agreement
145	145	Regarding Sewer Services Areas and Customers" among the Lower
146	146	Colorado River Authority, the Brazos River Authority, the City of
147	147	Georgetown, the City of Liberty Hill, and the Chisholm Trail
148	148	Special Utility District dated February 1, 2005.
149	149	[Sections 8349.111-8349.150 reserved for expansion]
150	150	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
151	151	Sec. 8349.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
152	152	district may issue, without an election, bonds and other
153	153	obligations secured by revenue or contract payments from a source
154	154	other than ad valorem taxes.
155	155	(b) The district must hold an election in the manner
156	156	provided by Chapters 49 and 54, Water Code, to obtain voter approval
157	157	before the district may impose an ad valorem tax or issue bonds
158	158	payable from ad valorem taxes. An ad valorem tax rate imposed by
159	159	the district may not exceed the rate approved at the election.
160	160	Sec. 8349.152. OPERATION AND MAINTENANCE TAX. (a) If
161	161	authorized at an election held under Section 8349.151, the district
162	162	may impose an operation and maintenance tax on taxable property in
163	163	the district in accordance with Section 49.107, Water Code.
164	164	(b) The board shall determine the tax rate. The rate may not
165	165	exceed the rate approved at the election.
166	166	[Sections 8349.153-8349.200 reserved for expansion]
167	167	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
168	168	Sec. 8349.201. AUTHORITY TO ISSUE BONDS AND OTHER
169	169	OBLIGATIONS. The district may issue bonds or other obligations
170	170	payable wholly or partly from ad valorem taxes, impact fees,
171	171	revenue, contract payments, grants, or other district money, or any
172	172	combination of those sources, to pay for any authorized district
173	173	purpose.
174	174	Sec. 8349.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
175	175	the time bonds or other obligations payable wholly or partly from ad
176	176	valorem taxes are issued:
177	177	(1) the board shall impose a continuing direct annual
178	178	ad valorem tax, at a rate not to exceed the rate approved at an
179	179	election held under Section 8349.151, for each year that all or part
180	180	of the bonds are outstanding; and
181	181	(2) the district annually shall impose an ad valorem
182	182	tax on all taxable property in the district in an amount sufficient
183	183	to:
184	184	(A) pay the interest on the bonds or other
185	185	obligations as the interest becomes due;
186	186	(B) create a sinking fund for the payment of the
187	187	principal of the bonds or other obligations when due or the
188	188	redemption price at any earlier required redemption date; and
189	189	(C) pay the expenses of imposing the taxes.
190	190	Sec. 8349.203. BONDS FOR ROAD PROJECTS. At the time of
191	191	issuance, the total principal amount of bonds or other obligations
192	192	issued or incurred to finance road projects and payable from ad
193	193	valorem taxes may not exceed one-fourth of the assessed value of the
194	194	real property in the district.
195	195	SECTION 2. The Northwest Williamson County Municipal
196	196	Utility District No. 1 initially includes all the territory
197	197	contained in the following area:
198	198	Tract I
199	199	BEING 129.95 acres of the James Northcross Survey, Abstract
200	200	No. 478, in Williamson County, Texas; part of the tract called
201	201	162.755 acres (less exceptions) which is described in a deed to DEC
202	202	Circle C Ranch Ltd. of record in Doc. 2000085838, Official Records
203	203	of Williamson County, Texas. This tract was surveyed on the ground
204	204	in December of 2004, by Williams F. Forest, Jr., Registered
205	205	Professional Land Surveyor No. 1847.
206	206	BEGINNING at an iron pin which was set for the lower Northeast
207	207	corner of the said 162.755 acre tract, and for a corner of a
208	208	property which is described in a deed to K.W. Daniels of record in
209	209	Doc. 1998037189.
210	210	THENCE along the fenced East line of the said 162.755 acre
211	211	tract, S 18 deg. 55 min. 37 sec. E 1635.48 feet to a pipe post fence
212	212	corner found at the most Northerly East corner of an 18.34 acre
213	213	tract conveyed to The Mike Konle Trust in Doc. 2001088810.
214	214	THENCE along the fenced boundary of the said 162.755 acre
215	215	tract; S 69 deg. 43 min. 45 sec. W 1164.54 feet to a pipe post found
216	216	at the Northeast corner of 34.74 acre tract owned by C.D. Sherwood
217	217	and described in Vol. 594, Pg. 531; S 69 deg. 49 min. 40 sec. W
218	218	1203.87 feet to an iron pin found at a fence corner; and S 14 deg. 11
219	219	min. 49 sec. E 1164.86 feet to an iron pin found at a fence corner.
220	220	THENCE with the North line of the 0.72 acre exception tract
221	221	described in Doc. 2000085838, finding iron pins at bends in the
222	222	fence as follows; S 39 deg. 14 min. 11 sec. W 160.52 feet; S 22 deg.
223	223	54 min. 47 sec. W 211.26 feet; and S 00 deg. 24 min. 34 sec. E 211.57
224	224	feet to a nail found in the concrete base of a fence corner post. An
225	225	iron pin found stands N 70 deg. 19 min. 01 sec. E 2.44 feet.
226	226	THENCE with the North line of County Road 289, S 71 deg. 31
227	227	min. 37 sec. W 323.55 feet to an iron pin found.
228	228	THENCE with the boundary of the 9.5 acre tract conveyed to
229	229	Deborah E. Ivicic in Doc. 1998018246, N 19 deg. 05 min. 07 sec. W
230	230	991.53 feet to an iron pin found; and S 71 deg. 05 min. 12 sec. W
231	231	401.03 feet to an iron pin set in the East line of the 14 acres
232	232	conveyed to a D.W. Anderson in Doc. 1998010248.
233	233	THENCE N 12 deg. 54 min.12 sec. E 2944.388 feet to and iron
234	234	pin found.
235	235	THENCE with the North boundary of the said 162.755 acre
236	236	tract, finding pipe post fence corners as follows; N 72 deg. 33 min.
237	237	58 sec. E 331.83 feet; S 16 deg. 51 min. 12 sec. E 147.920 feet; and
238	238	N 72 deg. 41 min. 18 sec. E 1656.79 feet to the POINT OF BEGINNING.
239	239	Tract II
240	240	BEING 9.50 acre of the James Northcross Survey, Abstract No.
241	241	478, in Williamson County, Texas; part of the tract called 9.5 acres
242	242	as described in a Correction Deed to Deborah Elizabeth Ivicic, of
243	243	record in Doc. 1998018246, Official Records of Williamson County,
244	244	Texas. This tract was surveyed on the ground in December of 2004, by
245	245	William F. Forest, Jr., Registered Professional Land surveyor No.
246	246	1847.
247	247	BEGINNING at an iron pin which was found in the North line of
248	248	County Road 289, at the Southwest corner of the said Deborah Ivicic
249	249	9.5 acre tract and at the Southeast corner of a 6.68 acre tract.
250	250	THENCE with the West line of the said 9.5 acre Ivicic tract, N
251	251	19 deg. 05 min. 48 sec. W 965.73 feet to an iron pin set in the East
252	252	line of a 14 acre tract which is described in a deed to Daniel W.
253	253	Anderson of record in Doc. 1998018248.
254	254	THENCE with the East line of the Anderson 14 acres, N 12 deg.
255	255	54 min. 12 sec. E 30.93 feet to an iron pint set.
256	256	THENCE with the North line of the Deborah Ivicic 9.5 acres, N
257	257	70 deg. 05 min. 12 sec. E 401.03 feet to and iron pin found.
258	258	THENCE with the East boundary of the Ivicic 9.5 acres, S 19
259	259	deg. 05 min. 07 sec. E 991.53 feet to an iron pin found.
260	260	THENCE with the north Line of County Road 289, S 71 deg. 26
261	261	min. 57 sec. W 24.90 feet to an iron pin found; and S 70 deg. 59 min.
262	262	36 sec. W 392.32 feet to the POINT OF BEGINNING.
263	263	TRACT III
264	264	BEING 6.68 acres of the James Northcross Survey, Abstract No.
265	265	478, in Williamson County, Texas; part of the tract called 162.775
266	266	acres (less exceptions) which is described in a deed to DEC Circle C
267	267	Ranch Ltd. of record in Doc. 2000085838, Official Records of
268	268	Williamson County, Texas. This tract was surveyed on the ground in
269	269	December of 2004, by William F. Forest, Jr., Registered
270	270	Professional Land Surveyor No. 1847.
271	271	BEGINNING at an iron pin which was found in the North line of
272	272	County Road 289, at the Southeast corner of the 14.00 acre exception
273	273	tract which is described in Doc. 2000085838 (the same 14.00 acre
274	274	tract which is described in a deed to Daniel W. Anderson of record
275	275	in Doc. 1998018248). A nail found in the concrete base of a fence
276	276	corner post (at the Southwest corner of the said 162.755 acres)
277	277	stands S 70 deg. 58 min. 03 sec. W 174.52 feet.
278	278	THENCE with the East line of the said 14.00 acre tract, N 12
279	279	deg. 54 min. 12 sec. E 1137.98 feet to an iron pin set in the West
280	280	line of the 9.5 acre Exception tract that is described in Doc.
281	281	2000085838 and as conveyed by a Correction Deed to Deborah E. Ivicic
282	282	in Doc. 1998018246. An iron pin found stands N 19 deg. 05 min. 48
283	283	sec. W 26.28 feet.
284	284	THENCE with the West line of said 9.5 Deborah Ivicic tract, S
285	285	19 deg. 05 min. 48 sec. E 965.73 feet to an iron pin found.
286	286	THENCE with the North line of County Road 289, S 70 deg. 58
287	287	min. W 603.04 feet to the POINT OF BEGINNING.
288	288	TRACT IV
289	289	BEING 13.99 acres of the James Northcross Survey, Abstract
290	290	No. 478, in Williamson County, Texas. This tract is the same tract
291	291	which is called 14 acres and described in a deed to Daniel W.
292	292	Anderson of record in Doc. 1998018248, Official Records of
293	293	Williamson County, Texas. This tract was surveyed on the ground in
294	294	December of 2004, by William F. Frost, Jr., Registered Professional
295	295	Land Surveyor No. 1847.
296	296	BEGINNING at a nail found in the concrete base of a fence
297	297	corner post in the North line of County Road 289, at the Southwest
298	298	corner of said 14.00 acre Anderson tract.
299	299	THENCE with the West line of said 14.00 acre tract, N 12 deg.
300	300	54 min. 15 sec. E 4119.77 feet to an iron pin found at a fence
301	301	corner.
302	302	THENCE with the North boundary of the said 14 acre tract, N 72
303	303	deg. 39 min. 14 sec. E 171.38 feet to an iron pin found.
304	304	THENCE S 12 deg. 54 min. 12 sec. W passing iron pins set on
305	305	line, continuing in all 4113.79 feet to an iron pin found.
306	306	THENCE S 70 deg. 58 min. 03 sec. W 174.52 feet to the POINT OF
307	307	BEGINNING.
308	308	SECTION 3. (a) The legal notice of the intention to
309	309	introduce this Act, setting forth the general substance of this
310	310	Act, has been published as provided by law, and the notice and a
311	311	copy of this Act have been furnished to all persons, agencies,
312	312	officials, or entities to which they are required to be furnished
313	313	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
314	314	Government Code.
315	315	(b) The governor, one of the required recipients, has
316	316	submitted the notice and Act to the Texas Commission on
317	317	Environmental Quality.
318	318	(c) The Texas Commission on Environmental Quality has filed
319	319	its recommendations relating to this Act with the governor, the
320	320	lieutenant governor, and the speaker of the house of
321	321	representatives within the required time.
322	322	(d) All requirements of the constitution and laws of this
323	323	state and the rules and procedures of the legislature with respect
324	324	to the notice, introduction, and passage of this Act are fulfilled
325	325	and accomplished.
326	326	SECTION 4. This Act takes effect immediately if it receives
327	327	a vote of two-thirds of all the members elected to each house, as
328	328	provided by Section 39, Article III, Texas Constitution. If this
329	329	Act does not receive the vote necessary for immediate effect, this
330	330	Act takes effect September 1, 2009.
331	331	______________________________ ______________________________
332	332	President of the Senate Speaker of the House
333	333	I certify that H.B. No. 4778 was passed by the House on May
334	334	15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
335	335	voting; and that the House concurred in Senate amendments to H.B.
336	336	No. 4778 on May 29, 2009, by the following vote: Yeas 144, Nays 0,
337	337	1 present, not voting.
338	338	______________________________
339	339	Chief Clerk of the House
340	340	I certify that H.B. No. 4778 was passed by the Senate, with
341	341	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
342	342	0.
343	343	______________________________
344	344	Secretary of the Senate
345	345	APPROVED: __________________
346	346	Date
347	347	__________________
348	348	Governor