82R5771 KYF-F
By: Watson S.B. No. 942
A BILL TO BE ENTITLED
relating to the creation and financing of the Lakeway Regional
Medical Center Defined Area in Travis County Water Control and
Improvement District No. 17; providing authority to impose a tax
and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9017 to read as follows:
CHAPTER 9017. TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
NO. 17
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9017.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Defined area" means the Lakeway Regional Medical
Center Defined Area.
(3) "District" means the Travis County Water Control
and Improvement District No. 17.
[Sections 9017.002-9017.050 reserved for expansion]
SUBCHAPTER B. LAKEWAY REGIONAL MEDICAL CENTER DEFINED AREA
Sec. 9017.051. CREATION OF LAKEWAY REGIONAL MEDICAL CENTER
DEFINED AREA. The defined area is created in the district.
Sec. 9017.052. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The defined area is created to serve a public purpose and benefit.
(b) The defined area is created to accomplish the purposes
of:
(1) a water control and improvement 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, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 9017.053. INITIAL DEFINED AREA TERRITORY. (a) The
defined area is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting 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 defined area's organization, existence, or
validity;
(2) the district's right to execute contracts or issue
any type of bond or obligation for the purposes for which the
defined area is created or to make payments under a contract or
obligation, or pay the principal of and interest on a bond;
(3) the district's right to impose a tax in the defined
area; or
(4) the defined area's legality or operation.
Sec. 9017.054. ADMINISTRATION OF DEFINED AREA. (a) Except
as provided by Subsection (b), the board shall administer the
defined area as provided by Chapter 51, Water Code.
(b) Sections 51.518-51.524 and 51.526-51.529, Water Code,
do not apply to the defined area.
Sec. 9017.055. ELECTIONS IN DEFINED AREA. (a) An election
limited to the defined area shall conform to the requirements of the
Election Code. The board shall submit the appropriate issue to the
voters of the defined area and the issue may also be submitted on
the same ballot to be used in a general election.
(b) In an election held for a purpose set forth in Section
9017.056, 9017.058, 9017.059, 9017.060, 9017.061, or 9017.062, the
board may include one or more purposes in a single proposition. The
ballot for an election under this chapter must be printed to provide
for voting for or against the proposition.
(c) An election under this section does not require that an
election be held in the part of the district outside the defined
area.
Sec. 9017.056. AUTHORITY FOR ROAD PROJECTS IN DEFINED AREA.
Under Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, or a
municipality for operation and maintenance macadamized, graveled,
or paved roads, or improvements, including storm drainage, in aid
of those roads, including roads located outside the boundaries of
the defined area, to serve the defined area as determined by the
board.
Sec. 9017.057. ROAD STANDARDS AND REQUIREMENTS IN DEFINED
AREA. (a) A road project in the defined area must meet all
applicable construction standards, zoning and subdivision
requirements, and regulations of each municipality in whose
corporate limits or extraterritorial jurisdiction the road project
is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 9017.058. ELECTIONS REGARDING DEFINED AREA TAXES OR
BONDS. (a) The district must hold an election in the defined area
in the manner provided by Section 9017.055 to obtain voter approval
before the district may impose an ad valorem tax only on the
property of the defined area or issue bonds payable from ad valorem
taxes only on the property of the defined area.
(b) The district may not issue bonds payable wholly or
partly from ad valorem taxes to finance a road project in the
defined area unless the issuance is approved by a vote of a
two-thirds majority of the voters of the defined area voting at an
election held for that purpose.
Sec. 9017.059. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 9017.058, the district
may impose an operation and maintenance tax on taxable property in
only the defined area 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.
Sec. 9017.060. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax in the defined area only and use
the revenue derived from the tax to make payments under a contract
after the provisions of the contract have been approved by a
majority of the defined area voters voting at an election held under
Section 9017.058.
(b) In addition to the purposes allowed by Chapter 49, Water
Code, a contract may contain provisions related to the plant,
works, facilities, roads, or other projects to serve the defined
area.
(c) A contract approved by the defined area voters may
contain a provision stating that the contract may be modified or
amended by the board without further voter approval.
Sec. 9017.061. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations as
provided by Chapters 49 and 51, Water Code, to finance the
construction, maintenance, or operation of the plant, works,
facilities, roads, or other projects to serve the defined area.
Sec. 9017.062. TAXES FOR BONDS. At the time the district
issues bonds under Section 9017.058, the board may provide for the
imposition of a tax to pay the principal of or interest on the
bonds.
Sec. 9017.063. 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 in the defined area may
not exceed one-fourth of the assessed value of the real property in
the defined area.
SECTION 2. The Lakeway Regional Medical Center Defined Area
initially includes all the territory contained in the following
area:
Being a 53.2335 acre tract of land in the J.P. Warnock Survey
No. 56 and the A. Beck Survey No. 54, Travis County, Texas and being
all of the Lakeway Regional Medical Center, a subdivision of record
in Document No. 200800246 of the Official Public Records of Travis
County, Texas; said 53.2335 acre tract of land is more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod found for the most easterly
corner of said Lakeway Regional Medical Center subdivision and
being a point on the northwesterly line of that 12.695 acre tract of
land conveyed to Commercial Lakeway Limited Partnership as recorded
in Volume 13241, Page 439 of the Deed Records of Travis County,
Texas;
THENCE, S47°45'43"W, with the common southeasterly line of
said Lakeway Regional Medical Center subdivision and the
northwesterly line of said 12.695 acre tract a distance of 1,071.43
feet to a 1/2" iron rod found for the northerly corner of that 24.94
acre tract of land awarded to Lake Travis Independent School
District in Travis County Court at Law No. 1, Cause No. 1358;
THENCE, S47°38'35"W, continuing with the southeasterly line
of said Lakeway Regional Medical Center subdivision, same being the
northwesterly line of said 24.94 acre tract, a distance of 738.02
feet a 1/2" iron rod found for the most southerly corner of Lakeway
Regional Medical Center subdivision, same being the southeast
corner of Lot 4 of Cherry Mountain Phase II, a subdivision of record
in Book 76, Page 67 of the Plat Records of Travis County, Texas;
THENCE, N33°50'27"W with the common westerly line of said
Lakeway Regional Medical Center subdivision and easterly line of
said Cherry Mountain Phase II subdivision a distance of 135.20 feet
to a 60d nail in a fence post found for an angle point;
THENCE, N17°07'00"W continuing with the common westerly line
of said Lakeway Regional Medical Center subdivision and easterly
line of said Cherry Mountain Phase II subdivision, at 119.77 feet
passing a 1/2" iron rod found for the southeast corner of Lot 3-A of
the Resubdivision of Lots 1, 2, 3, 9 and 10, Cherry Mountain, Phase
II, a subdivision of record in Book 76, Page 230 of the Plat Records
of Travis County, Texas, and continuing for a total distance of
466.24 feet to a 1/2" iron rod found for the northeast corner of
said Lot 3-A;
THENCE with the common westerly line of said Lakeway Regional
Medical Center subdivision and easterly line of said Resubdivision
of Lots 1, 2, 3, 9 and 10, Cherry Mountain, Phase II, the following
three (3) courses:
1) N17°04'36"W, a distance of 214.01 feet to a 1/2" iron rod
found;
2) N17°06'42"W, a distance of 137.11 feet to a 1/2" iron rod
found;
3) N16°56'17"W, a distance of 497.47 feet to a 60d nail in a
fence post found on the southerly right-of-way line of Wild Cherry
Drive (60.0 feet wide right-of-way) for the most westerly corner of
said Lakeway Regional Medical Center subdivision and most northerly
corner of Lot 1-A of the Resubdivision of Lots 1, 2, 3, 9 and 10,
Cherry Mountain, Phase II;
THENCE, N45°52'28"E with the common northwesterly line of
said Lakeway Regional Medical Center subdivision and southerly
right-of-way line of Wild Cherry Drive, a distance of 136.29 feet to
a 1/2" iron rod found for the southwesterly corner of Cherry
Mountain I, a subdivision of record in Book 75, Page 369 of the Plat
Records of Travis County, Texas;
THENCE, with the common southeasterly line of said Cherry
Mountain I subdivision and northwesterly line of said Lakeway
Regional Medical Center subdivision, the following two (2) courses:
1) N46°18'51"E, a distance of 1062.47 feet to a 1/2" iron rod
found;
2) N46°24'16"E, a distance of 202.89 feet to a 1/2" iron rod
found on the curving southerly right-of-way line of Flint Rock
Trace (variable width right-of-way) for the most northerly corner
of the Lakeway Regional Medical Center subdivision;
THENCE, with the common southerly right-of-way line of Flint
Rock Trace and northeasterly line of said Lakeway Regional Medica
Center subdivision, the following five (5) courses:
1) With a curve to the left, having a central angle of
5°22'21", a radius of 462.36 feet, a long chord of 43.34 feet (chord
bears S35°01'42"E) for an arc distance of 43.35 feet to a 1/2" iron
rod found for the point of curvature of a curve to the left;
2) With said curve to the left, having a central angle of
32°33'01", a radius of 196.13 feet, a long chord of 109.93 feet
(chord bears S51°15'25"E) for an arc distance of 111.42 feet to a
1/2" iron rod found;
3) S67°37'40"E, a distance of 65.16 feet to a 1/2" iron rod
found for the point of curvature of a curve to the right;
4) With said curve to the right, having a central angle of
10°16'25", a radius of 1116.28 feet, a long chord of 199.89 feet
(chord bears S62°29'51"E) for an arc distance of 200.16 feet to a
1/2"iron rod found;
5) S57°19'30"E, a distance of 133.61 feet to a 1/2" iron rod
found on the westerly right-of-way line of Ranch Road 620 (variable
width right-of-way) for the northeasterly corner of the Lakeway
Regional Medical Center subdivision;
THENCE, with the common westerly right-of-way line of Ranch
Road 620 and easterly line of said Lakeway Regional Medical Center
subdivision, the following three (3) courses:
1) S22°46'56"E, a distance of 323.63 feet to a 1/2" iron rod
found for an angle point;
2) S32°40'44"E, a distance of 202.99 feet to a 1/2" iron rod
found for an angle point;
3) S22°46'34"E, a distance of 169.69 feet to a 1/2" iron rod
found for the most northerly corner of the aforesaid 12.695 acre
tract of land conveyed to Commercial Lakeway Limited Partnership;
THENCE, continuing with the easterly line of said Lakeway
Regional Medical Center subdivision, same being the northwesterly
line of said 12.695 acre tract, the following two (2) courses:
1) S69°54'26"W, a distance of 95.34 feet to a 1/2" iron rod
found for an angle point;
2) S34°10'14"E, a distance of 203.76 feet to the POINT OF
BEGINNING, CONTAINING within these metes and bounds, 53.2335 acres
of land area.
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, 2011.