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H.B. No. 1346
AN ACT
relating to the creation of the CLL Municipal Utility District No.
1; providing authority to impose a tax and issue bonds.
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 8109 to read as follows:
CHAPTER 8109. CLL MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8109.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the CLL Municipal Utility
District No. 1.
Sec. 8109.002. NATURE OF DISTRICT. The district is a
municipal utility district in Bell and Williamson Counties created
under and essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution.
Sec. 8109.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8109.023 before September 1, 2011:
(1) the district is dissolved September 1, 2011,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Bell and Williamson Counties in
proportion to the contribution of money made; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2014.
Sec. 8109.004. 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:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes; or
(3) the legality or operation of the board.
Sec. 8109.005. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapters 30, 49, and 54, Water
Code, apply to the district.
[Sections 8109.006-8109.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8109.021. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Bobby Steiner;
(2) S. Tim Casey;
(3) Raymond James Chatelain;
(4) Glenn Russell Chiappe; and
(5) William M. Coltharp.
(b) A temporary director is not required to own land in or
reside in the district.
(c) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than three
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of persons
to fill all vacancies on the board.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
8109.023; or
(2) the date this chapter expires under Section
8109.003.
Sec. 8109.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, a
majority of the temporary directors shall convene the
organizational meeting of the district at a location in the
district agreeable to a majority of the directors. If a location
cannot be agreed upon, the organizational meeting shall be at the
Williamson County Courthouse.
Sec. 8109.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a) The temporary directors shall hold an election to
confirm the creation of the district and to elect five directors as
provided by Section 49.102, Water Code. If the creation of the
district is not confirmed at the initial election, the temporary
directors may hold a second election not sooner than the first
anniversary of the initial election.
(b) At the confirmation and initial directors' election the
board may submit to the voters a proposition to authorize:
(1) an issuance of bonds;
(2) a maintenance tax; or
(3) a tax to fund payments required under a contract.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held under this
section.
Sec. 8109.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8109.023 shall draw lots to
determine which two shall serve terms expiring June 1 following the
first regularly scheduled election of directors under Section
8109.052 and which three shall serve until June 1 following the
second regularly scheduled election of directors.
Sec. 8109.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2014.
[Sections 8109.026-8109.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8109.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms that expire
June 1 of even-numbered years.
Sec. 8109.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8109.053-8109.100 reserved for expansion]
SUBCHAPTER C. DIVISION OF DISTRICT TO MULTIPLE DISTRICTS
Sec. 8109.101. DIVISION OF DISTRICT; PREREQUISITES. (a) At
any time before the district issues indebtedness secured by taxes
or net revenues, the district, including any annexed territory, may
be divided into an original district and one or more new districts.
The board shall determine which portion of the divided area
constitutes the original district.
(b) A district created by division of the original district
under Subsection (a) may further subdivide as determined by the
board of that district.
(c) After a division under Subsection (a) or (b), the
original district and any new district created must be at least 85
acres.
(d) The board by resolution may declare an intent to divide
the district. The resolution must:
(1) set the terms of the division, including a plan for
the payment or performance of any outstanding district obligations;
and
(2) contain a metes and bounds description for each
district, including the modified original district.
(e) Section 42.042, Local Government Code, and Section
54.016, Water Code, do not apply to the creation of a new district
by division under this subchapter.
Sec. 8109.102. DISTRICT DIVISION BY ELECTION. (a) Except
as provided by Section 8109.103, the board shall hold an election in
the district to determine whether the district should be divided as
proposed under Section 8109.101(d).
(b) The board shall give notice of the election not later
than the 20th day before the date of the election. The notice must
state:
(1) the date and location of the election; and
(2) the proposition to be voted on.
(c) If a majority of the votes are cast in favor of the
division, the district is divided.
(d) If less than a majority of the votes are cast in favor of
the division, the district may not be divided.
Sec. 8109.103. DISTRICT DIVISION BY CONSENT. (a) The board
may approve and order the division of the district without an
election if the board has received written consent to the proposed
division from all title holders of the land in the district as
indicated by the tax rolls of the central appraisal district of each
county in which the district is located.
(b) If the board orders the division without an election,
the district is divided as of the date of the order.
Sec. 8109.104. NOTICE OF DIVISION. Not later than the 30th
day after the date of a division under this subchapter, the district
shall provide written notice of the plan for division to:
(1) the Texas Commission on Environmental Quality;
(2) the attorney general;
(3) the commissioners court of each county in which a
new district is located; and
(4) any municipality having extraterritorial
jurisdiction over territory in each new district.
Sec. 8109.105. DISTRICT NAMES FOLLOWING DIVISION. The area
designated by the board as the original district retains the name of
the original district. The resulting new districts are assigned
consecutive letters to be appended to the name of the original
district.
Sec. 8109.106. ELECTION OF DIRECTORS OF NEW DISTRICTS. (a)
After a division under this subchapter, the board shall continue to
act as the board of the original district.
(b) Not later than the 90th day after the date of the
division, the board shall appoint five directors for each of the new
districts. A person appointed under this subsection is not
required to own land in or reside in the district for which the
person is appointed.
(c) Directors of the original district serve the staggered
terms to which they were elected before the division. Directors
appointed under Subsection (b) serve until June 1 following the
election for directors under Subsection (d).
(d) On the uniform election date in May of the first
even-numbered year after the year in which the directors are
appointed, an election shall be held to elect five directors in each
district for which directors were appointed under Subsection (b).
Of the five directors elected in each district, the three directors
receiving the greatest number of votes shall serve terms expiring
June 1 following the second regularly scheduled election of
directors under Subsection (e), and the remaining two directors
shall serve terms expiring June 1 following the first regularly
scheduled election of directors.
(e) Except as provided by Subsection (d), directors serve
staggered four-year terms. On the uniform election date in May of
each even-numbered year, the appropriate number of directors shall
be elected.
Sec. 8109.107. CONTINUING POWERS AND OBLIGATIONS OF NEW
DISTRICTS. (a) Each new district may incur and pay debts and has
all powers of the original district created by this chapter.
(b) If the district is divided as provided by this
subchapter, the current obligations and any bond authorizations of
the district are not impaired. Debts shall be paid by revenues or
by taxes or assessments imposed on real property in the district as
if the district had not been divided or by contributions from each
new district as stated in the terms set by the board in the plan for
division.
(c) Any other district obligation shall be divided pro rata
among the new districts and the original district on an acreage
basis or on other terms that are satisfactory to the new districts.
Sec. 8109.108. CONTRACT AUTHORITY OF NEW DISTRICTS. The new
districts may contract with each other and with the original
district for:
(1) water and wastewater services; or
(2) any other matter the boards of the new districts
consider appropriate.
SECTION 2. The CLL Municipal Utility District No. 1
initially includes all the territory contained in the following
described area:
Being 881.298 acres of land, more or less, located in the
following surveys in Williamson County and Bell County, Texas:
William Connell Survey, Abstract No. 152 in Bell County; Samuel
Wolfenbarger Survey, Abstract No. 165 in Williamson County and
Abstract No. 909 in Bell County; the John Talk Survey in Williamson
County and Bell County; the Isaac H. Lambert Survey, Abstract No.
394 in Williamson County; the William Adams Survey in Williamson
County; and the G. Schneider Survey, Abstract No. 579 in Williamson
County, said 881.298 acres being more particularly described in
seven (7) parts by metes and bounds as follows:
Part 1
A first tract of land being a 90.085 acre parcel of land out
of the William Connell Survey, Abstract No. 152, Bell County,
Texas; being the remainder of a 90.41 acre parcel described in a
deed of trust recorded in Volume 1960, Page 45, Deed Records of Bell
County; said 90.085 acre parcel includes Stage Coach Hill Phase One
Addition recorded in Cabinet B, Slide 107-A of the Plat Records of
Bell County, Texas; said 90.085 acre parcel is more particularly
described as follows:
BEGINNING at a 1/2" iron rod found at the northernmost corner
of this parcel and Lot 1, Block D, Stagecoach Hill Phase One
Addition, said rod being S70°51'01"W 10.00 feet from the
northernmost corner of said 90.41 acre parcel; THENCE S19°39'00"E
761.81 feet with the fenced southwest right-of-way line of a county
road known as Hill Road, to a 1/2" iron rod found at the easternmost
corner of Lot 2, Block C, Stagecoach Hill Phase One Addition; THENCE
S70°59'15"W 289.02 feet to a 1/2" iron rod found at the westernmost
corner of a 1.0 acre parcel described in Volume 1818, page 4, Bell
County Deed Records; THENCE S19°01'50"E 149.46 feet with a fence to
a 1/2" iron rod found at the southernmost corner of said 1.0 acre
parcel and northwesterly line of 2.0 acre parcel described in
Volume 1830, Page 384, Bell County Deed Records; THENCE S71°00'02"W
95.96 feet with a fence to a 1/2" iron rod found at the westernmost
corner of said 2.0 acre parcel; THENCE S18°56'35"E 240.86 feet with
a fence to a 1/2" iron rod found at the southernmost corner of said
2.0 acre parcel; THENCE N70°57'02"E 345.97 feet with a fence to a
1/2" iron rod set at the northernmost corner of Lot 1, Block B,
Stagecoach Hill Phase One Addition; THENCE S19°02'36"E 790.28 feet
with a fence with the southwesterly right-of-way line of said Hill
Road to a 1/2" iron rod set at the easternmost corner of this parcel
and Lot 2, Block A, Stagecoach Hill Phase One Addition; THENCE
S70°59'39"W 1349.99 feet with a fence to a 1/2" iron rod found at the
base of a twin hackberry tree; THENCE S70°18'45"W 724.97 feet with a
fence to a 1/2" iron rod at the southernmost corner of this parcel;
THENCE N19°07'45"W 1235.91 feet with a fence at a 1/2" iron rod set
at an angle point; THENCE N18°29'15"W 692.39 feet with a fence to a
cotton spindle set on top of a corner fence post at the westernmost
corner of this parcel; THENCE N69°58'26"E 1123.78 feet with a fence
to a 1/2" iron rod found at an angle point; THENCE N70°51'01"E 977.83
feet with a fence to the POINT OF BEGINNING, containing 90.085 acres
of land, more or less.
Part 2
A second tract of land being all of that certain lot, tract or
parcel of land out of and a part of the Samuel Wolfenbarger Survey,
Abstract No. 165 in Williamson County and Abstract No. 909 in Bell
County, and the land herein described being that certain 85 acre
tract described in First Tract in a Deed from Amanda Knight, et al,
to J.R. Knight, Jr., said Deed being of record in Volume 275, Page
113, Deed Records of Bell County, Texas.
BEGINNING at a point in the east margin of a County Road that
bears N 71° 00' 00" E., 25.00 feet and S. 19° 00' 00" E., 1055.6 feet
from the southwest corner of the Samuel Allen Survey, Abstract No.
31, said point being an iron pipe in a fence corner for the
northwest corner of this; THENCE N. 71° 17' 09" E., 2948.74 feet with
an existing fence to an iron pipe in a fence corner at the northeast
corner of the said 85 acre tract for the northeast corner of this;
THENCE with the east line of the said 85 acre tract as fenced and
evidenced on the ground as follows, to-wit: S. 18° 23' 39" E., 63.23
feet, an iron rod; S. 18° 12' 51" E., 771.02 feet, a 1" galvanized
iron pipe; and S 18° 09' 40" E., 422.84 feet to an iron rod at the
southeast corner of the said 85 acre tract for the southeast corner
of this; THENCE with the south line of the said 85 acre tract as
fenced: S 70° 58' 10" W., 1154.44 feet, an iron rod, and S. 71° 06'
37" W., 1775.15 feet to an iron pipe in a fence corner in the east
margin of the aforementioned County Road for the southwest corner
of this; THENCE with the said east margin as fenced N. 19° 19' 07"
W., 107.58 feet, an iron pipe; N. 21° 56' 26" W., 98.20 feet, an iron
pipe; and N 18° 47' 13" W., 1063.24 feet to the PLACE OF BEGINNING,
containing 85.352 acres of land, more or less.
Part 3
A third tract of land being all the certain tract, lot or
parcel of land, situated, lying and being in the Counties of Bell
and Williamson, in the State of Texas, and described as follows:
BEING all of the John Talk 320 acres survey, except a small strip
out of the N.W. corner of the same, the land hereby conveyed is
described by metes and bounds as follows:
BEGINNING at the S.E. corner of the said John Talk Survey,
which is also the N.E. corner of the Edward Breeding Survey, a stake
in the center of a public road for S.E. corner of this tract; THENCE
S 71° W 3925.0 feet to the S.W. corner of the said survey; THENCE N
19° W 3420.8 feet with the fence for line to this south line of a
tract of land owned by J.R. Knight; THENCE N 71° E with said Knight's
line 1316.7 feet to his S.E. corner; THENCE N 19° W 244.4 feet to the
N. line of said Talk Survey; THENCE N 71° E 2644.4 feet to cedar post
for N.E. corner; THENCE S 18 1/2° E with fence 3658.3 feet to the
PLACE OF BEGINNING, containing 320 acres of land, more or less.
Part 4
A fourth tract of land being 154.421 acres of the Isaac H.
Lambert Survey, Abstract No. 394, in Williamson County, Texas, part
of 95 acres described in a deed to Fred White of record in Vol. 285,
Page 443, and part of 79 acres described in Vol. 426, Page 646, Deed
Records of Williamson County, Texas. Surveyed on the ground in
March of 1979, under the direction of W.F. Forest, Registered
Public Surveyor No. 101.
BEGINNING at an iron pin set in the East line of County Road
304, at the Northwest corner, as fenced of the 95 acre tract.
THENCE N 70°39'55" E 1425.67 feet, N 68°32'25" E 85.13 feet, N
71°35'55" E 142.73 feet, and N 70°30'20" E at about 482.96 feet pass
the Northeast corner of the 95 acres and the Northwest corner of the
79 acres, continuing in all 2547.68 feet with a fence to an iron pin
on or near the East line of the Isaac H. Lambert Survey. THENCE S
19°19'10" E at 1543.14 feet the fence bends Easterly, continuing in
all 1785.65 feet to set an iron pin in the North line of F.M. 487, a
concrete monument stands N 71°00'00" E 97.6 feet. THENCE S 71°00' W
1288.66 feet with the R.O.W. line to set an iron pin at the
Southeast corner of 15.81 acres also surveyed this date. THENCE N
19°00' W 999.11 feet to set an iron pin. THENCE S 71°00' W 689.3 feet
to set an iron pin. THENCE S 19°00' E 999.11 feet crossing the
common line between the 95 acres and the 79 acres, to set an iron pin
in the North line of F.M. 487. THENCE S 71°00' W 2155.3 feet with the
North line of F.M. 487 to a concrete R.O.W. marker. THENCE N
63°41'40" W at 56.66 feet pass a concrete R.O.W. marker, continuing
in all 78.87 feet to set an iron pin in the East line of County Road
304. THENCE N 19°45' W 1697.21 feet with the fenced East line of
County Road 304, to the POINT OF BEGINNING, containing 154.421
acres of land, more or less.
Part 5
A fifth tract of land being all that certain tract or parcel
of land, lying and being situated in Williamson County, Texas, a
part of the William Adams Survey, and described by metes and bounds
as follows:
BEGINNING at the northwest corner of a 237 acre tract of the
Adams and Breeding Surveys, described in Volume 116, Page 204, of
the Williamson County Deed Records; THENCE South 19° East 3686.1
feet to the Southwest corner of said 237 acre tract; THENCE North
71° East 369.4 feet to corner; THENCE North 19° West 3686.1 feet to
corner in North line of said 237 acre tract; and THENCE South 71°
West 369.4 feet to the place of beginning, containing 31 acres of
land, more or less. Said above tract being the same as the 31 acre
tract which is described in Deed from Fred White and others to
Thomas L. White, recorded in Volume 285, Page 444, of the Deed
Records of Williamson County, Texas.
Part 6
A sixth tract of land being all that certain lot, tract or
parcel of land lying and being situated in Williamson County,
Texas, a part of the William Adams Survey, and described as
follows:
BEGINNING at the Northeast corner of a 31 acre tract out of
said Adams Survey and forming a part of allotment No. 2 in the
division of the J.S. White lands, which said corner is in the North
line of William Adams Survey and of a 237 acre tract conveyed to
J.S. White, as shown by the Record of Deeds of Williamson County,
Texas; THENCE South 19° East 3686.1 feet to the Southeast corner of
said 31 acre tract; THENCE North 71° East 533.3 feet to the
Northwest corner of H. Kuykendall Survey; THENCE South 19° East
347.2 feet to corner; THENCE North 71° East 463.9 feet to corner;
THENCE North 19° West 339.7 feet cross the North line of said
Kuykendall Survey and in all 4025 feet to corner in the North line
of said 237 acre tract, which is also the North line of William
Adams Survey; and THENCE South 71° West 997.2 feet to the place of
beginning, being 84 acres of the Adams Survey and 3 acres of the
Kuykendall Survey, in all 87 acres of land, more or less.
Part 7
A seventh tract of land being 113.440 acres of the G.
Schneider Survey, Abstract No. 579, in Williamson County, Texas,
part of a 120 acre tract described in a deed to Beverly A. Goodnight
and Jeannette K. West of record in Vol. 668, Page 643, Deed Records
of Williamson County, Texas. Surveyed on the ground in August of
1979, under the direction of W.F. Forest, Registered Public
Surveyor No. 101.
BEGINNING at an iron pin at a fence corner in the North line
of County Road 302, at the Southwest corner of the said 120 acre
tract. THENCE N 18 degrees 26' 30" W 2774.09 feet with the fenced
West line of the 120 acre tract to an iron pin at the Northwest fence
corner of the 120 acre tract. THENCE N 71 degrees 39' 25" E. 1446.19
feet with the fenced North line of the 120 acre tract and with the
North line of the G. Schneider Survey to a Railroad cross-tie post
at the Northwest corner of a 9.2 acre tract conveyed to Frank
Janosek in Vol. 139, Page 567. Also being the northwest corner of a
3.51 acre tract which was excerpted from the 120 acre tract and
described in the Second Tract in Vol. 668, Page 643. THENCE S 83
degrees 20' 25" E 1423.5 feet with the North line of the Second
Tract which was once the R.O.W. line of the Bartlett-Florence
Railroad to the East line of the 120 acre tract, an iron pipe bears N
83 degrees 20' 25" W 15.65 feet. THENCE S 18 degrees 08' 45" E
1214.0 feet with the East line of the 120 acre tract to the center of
South Donahoe Creek, an iron pin on the bank bears N 18 degrees 08'
45" W 30.14 feet. THENCE N 63 degrees 24' 25" W 592.2 feet, S 68
degrees 59' W 377.13 feet, S 43 degrees 58' 50" W 762.0 feet, an iron
pin set, and S 70 degrees 45' 55" W 441.50 feet, with the North line
of a 51.3 acre tract owned by Joseph K. Urbanovsky to an iron pin at
a fence corner. THENCE S 18 degrees 36' E 985.36 feet with a fence
to an iron pin at a fence corner in the North line of County Road
302, and in the South line of the said G. Schneider Survey. THENCE S
70 degrees 44' 45" W 819.63 feet with the fenced North line of the
road and the common line between the G. Schneider Survey A-579, and
the G. Schneider Survey A-580, to the POINT OF BEGINNING,
containing 113.440 acres of land, more or less.
Said Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, and Part 7
containing a total of 881.298 acres (38,389,341 sq. ft.) of land,
more or less.
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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1346 was passed by the House on May 9,
2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1346 was passed by the Senate on May
23, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor