H.B. No. 4799
AN ACT
relating to the creation of the Seven Oaks Ranch Municipal Utility
District; 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 8347 to read as follows:
CHAPTER 8347. SEVEN OAKS RANCH MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8347.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Seven Oaks Ranch Municipal
Utility District.
Sec. 8347.002. NATURE OF DISTRICT. The district is a
municipal utility district created under and essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
Sec. 8347.003. 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. 8347.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8347.003
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. 8347.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All
land and other property in the district will benefit from the
improvements and services to be provided by the district.
Sec. 8347.006. 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 a purpose for
which the district is created or to pay the principal of and
interest on the bond;
(3) right to impose an assessment or tax; or
(4) legality or operation.
[Sections 8347.007-8347.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8347.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8347.052, directors serve
staggered four-year terms.
Sec. 8347.052. INITIAL DIRECTORS. (a) The initial board
consists of:
(1) Edward Rathgeber;
(2) R. Tim Mitchell;
(3) Mike Wittenberg;
(4) Marcos Canchola; and
(5) Bob Brent.
(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 8347.053-8347.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8347.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8347.102. 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. 8347.103. REGIONAL WASTE DISPOSAL POWERS AND DUTIES.
The district has the powers and duties applicable to a district
under Chapter 30, Water Code.
Sec. 8347.104. COMPLIANCE WITH MUNICIPAL CONSENT
RESOLUTION. The district shall comply with all applicable
requirements of any resolution, adopted by the governing body of a
municipality under Section 54.016, Water Code, that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 8347.105. 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. 8347.106. 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. 8347.107. 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.
Sec. 8347.108. STREET REPAIR AND MAINTENANCE. (a) After
September 1, 2019, the district, at the district's expense, shall
repair and maintain any streets in the district.
(b) A district's repair and maintenance of streets under
this section must meet all applicable construction standards and
regulations of Williamson County.
Sec. 8347.109. 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 a recreational facility
as defined by Section 49.462, Water Code.
[Sections 8347.110-8347.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8347.151. 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 taxation.
(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.
(c) An ad valorem tax rate imposed by the district may not
exceed the rate approved at the election.
Sec. 8347.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8347.151, the district
may impose an operation and maintenance tax on taxable property in
the district as provided by 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 8347.153-8347.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8347.201. 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, grants, or other district money, or any combination of
those sources, to pay for any authorized district purpose.
Sec. 8347.202. 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 8347.151, 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.
SECTION 2. The Seven Oaks Ranch Municipal Utility District
initially includes all the territory contained in the following
area:
DESCRIPTION FOR JAY ALAN LANSDALE ET. UX. - ROBERT D. WUNSCH,
TRUSTEE
BEING 35.00 acres of the William Ashworth Survey, Abstract
No. 24, in Williamson County, Texas. This tract is the same property
called 35 acres as described in a deed to Jay A. Lansdale, et. ux.,
of record in Doc. 2004025768, Official Records of Williamson
County, Texas (ORWCT). This tract was surveyed on the ground in
April of 2008, by William F. Forest, Jr., Registered Professional
Land Surveyor No. 1847. Survey note: The bearing basis for this
survey is the State Plane Coordinate System, Grid North, Texas
Central Zone.
BEGINNING at an iron pin which was found in the curved South
line of State Highway 29, at the Northwest corner of a 49.99 acre
tract which is described in a deed to River Chase Subdivision II
Ltd. of record in Doc. 2007104313 (ORWCT), and at the Northeast
corner of the said 35 ac. property of Jay A. Lansdale.
THENCE along or near the general line of an existing fence,
with the East boundary Lansdale and the West boundary of the said
49.99 acre tract, S 20 deg. 32 min. 40 sec. E at 2468.65 feet pass an
iron pin found, continuing an additional (L10) 126.38 feet, in all
2595.03 feet to the approximate center of the San Gabriel River.
THENCE upstream with the approximate center of the River, and
with the lower North boundary of a 137.21 acre property which is
described in a deed to River Chase Subdivision II Ltd. (Doc.
2008004193 ORWCT), as follows; (L9) S 81 deg. 42 min. 13 sec. W
225.43 feet; (L8) N 85 deg. 25 min. 07 sec. W 260.32 feet; and N 70
deg. 09 min. 07 sec. W 154.29 feet.
THENCE with the East boundary of the reserve of a tract of
0.93 ac. as conveyed to Robert Scruggs (2092/414 ORWCT); less 0.255
acre as conveyed by Court Judgment to David Kelley, et. ux. Cause
82-180C, (L23) N 20 deg. 36 min. 51 sec. W 133.22 feet to an iron pin
found at the Southeast corner of the said 0.255 ac. Kelley tract.
THENCE with the boundary of the property conveyed to Jay A.
Lansdale, (L24) S 74 deg. 15 min. 31 sec. W 36.49 feet to an iron pin
set.
THENCE with the common boundary between Lansdale and Scruggs,
N 20 deg. 07 min. 50 sec. W 331.71 feet to an iron pin found at the
Southeast corner of a 14.558 acre property conveyed to Henry and
Patricia Blum (1618/75).
THENCE with the common boundary between Lansdale and Blum
finding iron pins in a fence line as follows; (L25) N 20 deg. 10 min.
26 sec. W 44.99 feet; N 07 deg. 00 min. 16 sec. W 131.76 feet; N 18
deg. 33 min. 47 sec. W 416.90 feet; and continuing with a line that
departs the fence, N 20 deg. 56 min. 52 sec. W 706.17 feet.
THENCE with an unfenced boundary finding iron pins that are
West of the fence, following the East line of the 13.83 acre
property which is described in a deed to Albert and Cynthia Garcia
(2476/920); N 21 deg. 02 min. 33 sec. W 419.30 feet to an iron pin
found; and continuing with the East line of the property of William
C. and Catherine Carrizales-Pintor (3.37 ac. Doc. 9624329 ORWCT), N
20 deg. 57 min. 29 sec. W 629.07 feet to an iron pin set Northerly
from an iron pin found which stands S 20 deg. 57 min. 29 sec. E 0.88
feet.
THENCE with the South boundary of S.H. 29 and the North
boundary of Jay Lansdale, finding concrete right-of-way monuments
as follows; (L26) S 53 deg. 59 min. 35 sec. E 96.86 feet; and (L27) S
41 deg. 57 min. 59 sec. E 95.73 feet to the beginning of a curve to
the left having a radius of 697.27 feet; continuing with the arc of
the curve 592.49 feet, the chord bears S 78 deg. 25 min. 45 sec. E
574.83 feet to the POINT OF BEGINNING.
* * * * *
DESCRIPTION FOR RIVER CHASE SUBDIVISION II LTD.
BEING 49.99 acres of the William Ashworth Survey, Abstract
No. 24, in Williamson County, Texas. This tract is the same 49.99
acre property which is described in a deed to River Chase
Subdivision II Ltd. of record in Doc. 2007104313, Official Records
of Williamson County, Texas (ORWCT). This tract was surveyed on
the ground in December of 2008, under the supervision of William F.
Forest, Jr., Registered Professional Land Surveyor No. 1847. Survey
note: The bearing basis for this survey is the State Plane
Coordinate System, Grid North, Texas Central Zone. Line codes used
herein are in agreement with the survey plat prepared this date.
BEGINNING at an iron pin which was found in the curved South
line of State Highway 29, at the Northwest corner of the said 49.99
acre property and at the Northeast corner of the 35 ac. property
conveyed to Waterstone Land and Cattle Co. L.P. as described in Doc.
2008050683 (ORWCT).
THENCE with the South line of State Highway 29, (C1) 54.10
feet with the arc of a curve to the left having a radius of 697.27
feet; the chord bears N 75 deg. 00 min. 18 sec. E 54.09 feet to an
iron pin found at the end of the curve; N 68 deg. 44 min. 48 sec. E
417.01 feet to a concrete right-of-way marker found; and N 73 deg.
18 min. 54 sec. E 328.98 feet to an iron pin found.
THENCE with the East line of the said 49.99 acre tract and the
upper West line of the 137.21 acre tract which is described in a
deed to River Chase Subdivision II Ltd. (Doc. 2008004193), S 20 deg.
32 min. 29 sec. E at 2748.66 feet pass an iron pin found; continuing
(L16) S 20 deg. 32 min. 29 sec. E an additional 116.99 feet to the
approximate center of the San Gabriel River, continuing in all
2865.65 feet.
THENCE upstream with the approximate center of the River and
the South boundary of the said tract called 49.99 acres, following
the boundary of the said 137.21 acres, (L15) S 78 deg. 19 min. 05
sec. W 61.75 feet; (L14) N 85 deg. 06 min. 10 sec. W 108.27 feet;
(L13) N 81 deg. 53 min. 40 sec. W 106.23 feet; (L12) N 89 deg. 43
min. 10 sec. W 440.07 feet; and (L11) S 81 deg. 42 min. 20 sec. W
138.73 feet.
THENCE with the West line of the said tract called 49.99 acres
and with the East line of the 35 acre tract conveyed to Waterstone
Land and Cattle Co. L.P. (L10) N 20 deg. 32 min. 40 sec. W at 126.38
feet pass an iron pin found on the North bank of a waterway;
continuing N 20 deg. 32 min. 40 sec. W an additional 2468.65 feet,
continuing in all 2595.03 feet to the POINT OF BEGINNING.
* * * * *
DESCRIPTION FOR DAVID L. KELLEY, TRUSTEE - ROBERT D. WUNSCH,
TRUSTEE
BEING 137.21 acres of the William Ashworth Survey, Abstract
No. 24, in Williamson County, Texas. This tract is part of the
property which was described in a deed to David L. Kelley, Trustee
of the David L. Kelley Asset Liquidating Trust as set out in Doc.
2002001651 of the Official Records of Williamson County, Texas
(ORWCT). This tract was surveyed on the ground in October of 2007,
by William F. Forest, Jr., Registered Professional Land Surveyor
No. 1847. Survey note: The bearing basis for this survey is the
State Plane Coordinate System, Grid North, Texas Central Zone.
Line numbers utilized herein correlate to the attached survey plat
prepared this date.
BEGINNING at an iron pin which was found in the West line of
the property conveyed to Sam A. Easley Jr. as described in Vol. 221,
Pg. 55 (Deed Records), and in the East boundary of the 100 acre
property conveyed to Gladys Townsend as described in Doc.
2003078951 (ORWCT). This corner exists at the Southwest corner of
Tract 1 called 375.88 acres (formerly 821/499) as described in the
said Correction Deed to David L. Kelley, at the Northwest corner of
the 433.04 acre tract conveyed to L. Kotrla Property, LLC. of record
in Doc. 2005094096 (ORWCT) and at the Southwest corner of the 108.91
acre Tract 4 described in said Kelley deed (Tract 4 is an exception
tract out of Tract 1).
THENCE along or near the general line of an existing fence, N
20 deg. 06 min. 11 sec. W 469.98 feet with the East line of Townsend
to an iron pin found; continuing with the East line of the 483.20
acre tract conveyed to Wallace Seggern as described in Vol. 742, Pg.
295 (Deed Records); setting iron pins in the fence line as follows;
(L1) N 18 deg. 58 min. 54 sec. W 122.43 feet; (L2) N 33 deg. 28 min.
04 sec. W 92.26 feet; N 20 deg. 25 min. 40 sec. W 338.43 feet; and
(L3) N 22 deg. 29 min. 25 sec. W 106.13 feet to an iron pin found;
continuing with the common line of Seggern, with a line that departs
the fence, as follows; (L4) N 15 deg. 01 min. 45 sec. E 45.37 feet to
a pipe found; and (L5) N 20 deg. 17 min. 05 sec. W 219.29 feet to an
iron pin set in the fence line, continuing along or near the East
side of the fence with the West line of the said 108.91 acre Kelley
tract, N 19 deg. 50 min. 50 sec. W 345.41 feet to an iron pin set 1.5
feet East of the fence; N 20 deg. 12 min. 18 sec. W 1142.13 feet to
an iron pin set; departing the West line of the 108.91 acre Tract 4
and continuing with the West line of the said 375.88 acre tract and
its common line with Seggern, (L6) N 20 deg. 12 min. 18 sec. W 165.97
feet to the approximate center of the channel of the San Gabriel
River.
THENCE downstream with the South line of the 35 acre tract
conveyed to Jay A. Lansdale (Doc. 2004025768) and with the
approximate center of the river, as follows; (L7) S 70 deg. 09 min.
07 sec. E 203.33 feet; (L8) S 85 deg. 25 min. 07 sec. E 260.32 feet;
(L9) N 81 deg. 42 min. 13 sec. E 225.43 feet; continuing with the
South line of the 50 acre tract conveyed to Round Rock Hydromulch,
Inc. as described in Doc. 2004018474 (ORWCT); (L11) N 81 deg. 42
min. 20 sec. E 138.73 feet; (L12) S 89 deg. 43 min. 10 sec. E 440.07
feet; (L13) S 81 deg. 53 min. 40 sec. E 106.23 feet; (L14) S 85 deg.
06 min. 10 sec. E 108.27 feet; and (L15) N 78 deg. 19 min. 05 sec. E
61.75 feet.
THENCE with the East boundary of the said 50 acre Hydromulch
tract, (L16) N 20 deg. 32 min. 29 sec. W 116.99 feet to an iron pin
found on the North bank of the river; and N 20 deg. 32 min. 29 sec. W
2748.66 feet to an iron pin found.
THENCE with the South line of State Highway 29, N 73 deg. 18
min. 19 sec. E 422.98 feet to an iron pin set at the Northeast corner
of the said 375.88 acre tract. This corner is the Northeast corner
of the 224.18 acre property partitioned to Dorothy Aline Edwards as
described in Vol. 582, Pg. 291, Deed Records.
THENCE with the common boundary between Kelly (Edwards) and
Clare C. Mashburn (563/68), with a line that departs the existing
fence, S 19 deg. 58 min. 13 sec. E 3445.88 feet to an iron pin found.
THENCE with the boundary of the Easley Sloan Cemetery (Doc.
2007079512), (L17) S 17 deg. 25 min. 25 sec. W 162.99 feet to an iron
pin found; and (L18) S 73 deg. 28 min. 54 sec. E 125.17 feet to an
iron pin found. An iron pin found at the Southeast corner of the
Cemetery stands (L19) S 66 deg. 25 min. 32 sec. E 13.69 feet.
THENCE with the East line of the said 108.91 acre tract and
the West line of the Clare Mashburn property, with a line that does
not follow area fencing, S 19 deg. 59 min. 28 sec. E 1658.10 feet to
an iron pin set. Most of this line follows the West line of a 30
foot wide easement to the Easley Sloan Cemetery (see covenant
563/68).
THENCE with the North boundary of the 100.08 acre property
conveyed to Oak Stump, LLC. as described in Doc. 2003094213
(ORWCT), S 69 deg. 59 min. 39 sec. W 482.83 feet to an iron pin found
at a fence corner; continuing along or near an existing fence, with
the North boundary of the said 433.04 acre Kotrla tract, S 69 deg.
59 min. 40 sec. W 1321.01 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 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,
lieutenant governor, and 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, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4799 was passed by the House on May
15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4799 on May 29, 2009, by the following vote: Yeas 140, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4799 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor