By: Wilson H.B. No. 5404
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Williamson County Municipal Utility
District No. 49; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
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 8501 to read as follows:
CHAPTER 8501. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO.49
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8501.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Williamson County Municipal
Utility District No. 49.
Sec. 8501.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8501.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8501.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8501.0103 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. 8501.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(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, in and of
those roads.
Sec. 8501.0106. INITIAL DISTRICT TERRITORY. (a) The
district 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 the districts:
(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 a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8501.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8501.0202, directors
serve staggered four-year terms.
Sec. 8501.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Mark Tickner
(2) Nick Easley;
(3) Walter Duke;
(4) Zachary Summers; and
(5) Noah Terrazas.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8501.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8501.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8501.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8501.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8501.0302. 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. 8501.0303. AUTHORITY FOR ROAD PROJECTS. 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 and of those roads.
Sec. 8501.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project 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. 8501.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted 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.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8501.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8501.0403.
(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) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8501.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8501.0401, 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.
Sec. 8501.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax 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 district
voters voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8501.0501. 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. 8501.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8501.0503. 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 Williamson County Municipal Utility District
No. 49 initially includes all the territory contained in the
following area:
TRACT 1:
A 59.891 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY,
TEXAS, BEING OUT OF A CALLED 60.57 ACRE TRACT CONVEYED TO LETTS
FAMILY TRUST BY INSTRUMENT RECORDED IN VOLUME 528, PAGE 376 OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS A 59.891 ACRE TRACT OF LAND
SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23, ABSTRACT NO.
172, IN WILLIAMSON COUNTY, TEXAS, BEING OUT OF A CALLED 60.57 ACRE
TRACT CONVEYED TO LETTS FAMILY TRUST BY INSTRUMENT RECORDED IN
VOLUME 528, PAGE 376 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS. SAID 59.891 ACRE TRACT BEING MORE FULLY DESCRIBED AS
FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM
ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF
1983 NAD 83 (NA2011) EPOCH 2010.00.:
BEGINNING at a 1/2" iron rod found in the west right-of-way
line of County Road 308, said point being the northeast corner of
said 60.57-acre tract, for the northeast corner and POINT OF
BEGINNING hereof;
THENCE S 20°52'36" E, with the west right-of-way line of said
County Road 308, same being the east boundary line of said
60.57-acre tract, a distance of 2045.72 feet to a 1/2" iron rod with
yellow cap marked "Pape-Dawson" set in the north right-of-way line
of County Road 305, same being the north boundary line of a called
0.5039 acre tract of land conveyed to Williamson County, Texas by
instrument recorded in Document No. 9820041 of the Official Public
Records of said County, for the southeast corner hereof;
THENCE S 68°212'37" W, with the north boundary line of said
0.5039-acre tract, same being the north right-of-way line of said
County Road 305, through the interior of said 60.57-acre tract, a
distance of 1258.78 feet to a 1/2" iron rod found on a point in the
east boundary line of a called 3.92-acre tract of land conveyed to
Gary R. Sheley and Rosita R. Sheley, by instrument recorded in
Document No. 2009090657 of said Official Public Records, same being
the west boundary line of said 60.57-acre tract, for the southwest
corner hereof;
THENCE N 21°39'56" W, departing the north right-of-way line of
said County Road 305, with, in part, the east boundary lines of:
said 3.92-acre tract, a called 10.00-acre tract of land conveyed to
Dudley K. Bukowsky and Tami Bukowsky by instrument recorded in
Document No. 2008016420 of said Official Public Records, Lot 5,
Bukowsky Subdivision, recorded in Document No. 2019064044 of said
Official Public Records, a called 10.51-acre tract of land conveyed
to Kerry Conaway, Jr., by instrument recorded in Document
No. 2006005509 of said Official Public Records and a called
10.51-acre tract of land conveyed to Darral Henderson and Elaine
Henderson by instrument recorded in Document No. 2006032860 of said
Official Public Records, a distance of 2053.57 feet to a 1/2" iron
rod with yellow cap marked "Pape-Dawson" set, for the southwest
corner of a called 60.99-acre tract of land conveyed to Wayne E.
Cavalier and Cyndi Pietan Cavalier, by instrument recorded in
Document No. 2012099245 of said Official Public Records, for the
northwest corner hereof;
THENCE N 68°48'58" E, with the south boundary line of said
60.99-acre tract, same being the north boundary line of said
60.57-acre tract, a distance of 1286.98 feet to the POINT OF
BEGINNING and containing 59.891 acres of land in Williamson County,
Texas. Said tract being described in accordance with a survey
prepared by Pape Dawson Engineers, Inc. under Job No. 51303-00.
TRACT 2:
A 110.720 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY,
TEXAS. BEING ALL OF A CALLED 113 ACRE TRACT CONVEYED TO LETTS FAMILY
TRUST BY INSTRUMENT RECORDED IN VOLUME 486, PAGE 442 OF THE DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS, A 110.720 ACRE TRACT OF LAND
SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23, ABSTRACT NO.
172, IN WILLIAMSON COUNTY, TEXAS. BEING ALL OF A CALLED 113 ACRE
TRACT CONVEYED TO LETTS FAMILY TRUST BY INSTRUMENT RECORDED IN
VOLUME 486, PAGE 442 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS, SAID 110.720 ACRE TRACT BEING MORE FULLY DESCRIBED AS
FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM
ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF
1983 NAD 83 (NA2011) EPOCH 2010.00.:
BEGINNING at a 1/2" iron rod with yellow cap marked
"Pape-Dawson" set in the east right-of-way line of County Road 308,
said point being the northwest corner of a called 169.5 acre tract
of land conveyed to R.D. Hopper and Margaret Hopper Letts by
instrument recorded in Volume 478, Page 349 of said Deed Records,
same being the southwest corner of said 113 acre tract, for the
southeast corner and POINT OF BEGINNING hereof;
THENCE N 21°22'58" W, with the east right-of-way line of said
County Road 308, same being the west boundary line of said 113-acre
tract, a distance of 2048.33 feet to a 5/8" iron rod found for the
southwest corner of a called 17.0 acre tract of land conveyed to
Gertrude Ann Braband by instrument recorded in Document
No. 2016033164 of the Official Public Records of said County, same
being the northwest corner of said 113-acre tract, for the
northwest corner hereof;
THENCE N 69°02'46" E, departing the east right-of-way line of
said County Road 308, with the south boundary line of said 17.0 acre
tract, same being the north boundary line of said 113 acre tract,
for a distance of 1268.96 feet to a 5/8" iron rod found for the
southeast corner of said 17.0 acre tract, same being an interior ell
corner in said 113 acre tract, for an ell corner hereof;
THENCE N 21°00'19" W, with the east boundary line of said 17.0
acre tract, same being a west boundary line of said 113 acre tract,
a distance of 582.80 feet to a 1/2" iron rod found for the southwest
corner of a called 64.797 acre tract of land conveyed to Jose G.
Garcia, by instrument recorded in Document No. 2017005987 of said
Official Public records, same being the southeast corner of called
10.789 acre tract of land conveyed to the Belinda Ramsey Living
Trust, by instrument recorded in Document No. 2019022035 of said
Official Public Records, same being the northeast corner of said
17.0 acre tract, also being the northernmost northwest corner of
said 113 acre tract, for the northernmost northwest hereof;
THENCE N 68°21'45" E, with the south boundary line of said
64.797 acre tract, same being the north boundary line of said 113
acre tract, a distance of 993.87 feet to a 1/2" iron rod found being
the northwest corner of a called 177.5 acre tract of land conveyed
to Charles D. Tonn and Ronald D. Tonn by instrument recorded in
Document No. 9601061 of said Official Public Records, same being
the north east corner of said 113-acre tract, for the northeast
corner hereof:
THENCE S 21°08'10" E, departing the south boundary line of
said 64.797 acre tract, with the west boundary line of said 177.5
acre tract, same being the east boundary line of said 113 acre
tract, a distance of 2244.92 feet to a 1/2" iron rod with yellow cap
marked "Pape-Dawson" set in the north boundary line of said 169.5
acre tract, said point being the southwest corner of said 177.5 acre
tract, same being the southeast corner of said 113 acre tract, for
the southeast corner hereof;
THENCE with the north boundary line of said 169.5 acre tract,
same being the south boundary line of said 113 acre tract, the
following three (3) courses and distances:
1. S 68°41'10" W, a distance of 982.01 feet to a 1/2" iron rod
with yellow cap marked "Pape-Dawson" set for an angle point hereof,
2. S 21°25'27" E, a distance of 386.24 feet to a 1/2" iron rod
with yellow cap marked "Pape-Dawson" set for an angle point hereof,
and
3. S 68°47'37" W, a distance of 1275.22 feet to the POINT OF
BEGINNING and containing 110.720 acres of land in Williamson
County, Texas. Said tract being described in accordance with a
survey prepared by Pape Dawson Engineers, Inc. under Job
No. 51303-00.
TRACT 3:
A 172.890 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY, TEXAS,
BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO R.D. HOPPER AND
MARGARET HOPPER LETT BY A 172.890 ACRE TRACT OF LAND SITUATED IN THE
ELISHA DAVIS SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON
COUNTY, TEXAS. BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO
R.D. HOPPER AND MARGARET HOPPER LETT BY INSTRUMENT RECORDED IN
VOLUME 478, PAGE 349 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS. SAID 172.890 ACRE TRACT BEING MORE FULLY DESCRIBED AS
FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM
ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF
1983 NAD 83 (NA2011) EPOCH 2010.00.:
COMMENCING at a 60D nail found in the north right-of-way line
of County Road 305, same being the southeast corner of a called 0.58
acre tract of land conveyed to Dewey Roger Blackman by instrument
recorded in Volume 742, Page 777 of said Deed Records, also being
the southwest corner of a called 47.5 acre tract recorded in Volume
734, Page 931 of said Deed Records;
THENCE S 68°58'06" W, departing the west boundary line of said
47.5 acre tract, with the north right-of-way line of said County
Road 305, same being the south boundary line of said 0.58 acre
tract, a distance of 110.09 feet to a 1/2" iron rod with yellow cap
marked "Pape-Dawson" set on the southwest corner of said 0.58 acre
tract, same being the southeast corner of said 169.5 acre tract, for
the southeast corner and POINT OF BEGINNING hereof;
THENCE S 68°58'06" W, continuing with the north right-of-way
line of said County Road 305, and in part, crossing through the
right-of-way of County Road 308, same being the south boundary line
of said 169.5-acre tract, a distance of 3188.95 feet to an 1/2" iron
rod with yellow cap marked "Pape-Dawson" set for the southwest
corner hereof;
THENCE N 21°05'48" W, with the west boundary line of said
169.5-acre tract, and in part, crossing through the right-of-way of
said County Road 308, a distance of 2071.04 feet to a 1/2" iron rod
with yellow cap marked "Pape-Dawson" set, being the southwest
corner of a called 113 acre tract of land conveyed to the Letts
Family Trust, by instrument recorded in Volume 486, Page 442 of said
deed records, same being the northwest corner of said 169.5-acre
tract, for the northwest corner hereof, from which a 5/8" iron rod
found for the northwest corner of said 113 acre tract bears N
21°22'58" W, 2048.33 feet;
THENCE departing the east right-of-way line of said County
Road 308, with, in part, the south boundary line of said 113-acre
tract and, in part, the south boundary line of a called 177.5 acre
tract of land conveyed to Charles D. Tonn and Ronald D. Tonn by
instrument recorded in Document No. 9601061 of the Official Public
Records of said County, same being the north boundary line of said
169.5-acre tract, the following three (3) courses and distances:
1. N 68°47'37" E, a distance of 1275.22 feet to a 1/2" iron
rod with yellow cap marked "Pape-Dawson" set for an angle point
hereof,
2. N 21°25'27" W, a distance of 386.24 feet to a 1/2" iron rod
with yellow cap marked "Pape-Dawson" set for an angle point hereof,
and
3. N 68°41'10" E, a distance of 2332.32 feet to a 1/2" iron
rod with yellow cap marked "Pape-Dawson" set being the northeast
corner of said 169.5-acre tract, for the northeast corner hereof;
THENCE S 22°06'37" E, with the south boundary line of said
177.5-acre tract, same being the east boundary line of said
169.5-acre tract, a distance of 392.10 feet to a 1/2" iron rod with
yellow cap marked "Pape-Dawson" set in the north boundary line of a
called 50-acre tract of land conveyed to Cheryl A. Chamberlain, by
instrument recorded in Document No. 2013019239 of the Official
Public Records of said County, same being an angle point in the east
boundary line of said 169.5-acre tract, for an angle point hereof;
THENCE S 68°53'39" W, with the north boundary line of said
50-acre tract, same being the east boundary line of said 169.5-acre
tract, a distance of 419.61 feet to a 1/2" iron rod with yellow cap
marked "Pape-Dawson" set, being the northwest corner of said
50-acre tract, same being an angle point in the east boundary line
of said 169.5-acre tract, for an angle point hereof;
THENCE S 20°59'42" E, with, in part, the west boundary line of
said 50-acre tract and, in part, the west boundary line of a called
47.5 acre tract of land conveyed to D.C. Blackman, by instrument
recorded in Volume 734, Page 931 of said Deed Records and, in part,
the west boundary line of the aforementioned 0.58-acre tract, same
being the east boundary line of said 169.5-acre tract, a distance of
2080.08 feet to the POINT OF BEGINNING and containing 172.890 acres
of land in Williamson County, Texas. Said tract being described in
accordance with a survey prepared by Pape Dawson Engineers, Inc.
under Job No. 51303-00.
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. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8501__, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8501_.0306 to read as
follows:
Sec. 8501.0306. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. 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, 2023.