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H.B. No. 3497
AN ACT
relating to the creation of the Sonterra Municipal Utility
District; 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 8111 to read as follows:
CHAPTER 8111. SONTERRA MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8111.001. 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 Sonterra Municipal Utility
District.
Sec. 8111.002. NATURE OF DISTRICT. The district is a
municipal utility district in Williamson County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution.
Sec. 8111.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8111.023 before September 1, 2009:
(1) the district is dissolved September 1, 2009,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Williamson County; 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, 2012.
Sec. 8111.004. 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. 8111.005. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapters 30, 49, and 54, Water
Code, apply to the district.
[Sections 8111.006-8111.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8111.021. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Mike Ortiz;
(2) Roger Gallamore;
(3) John Faske;
(4) Doug Porteous; and
(5) Erma Wedge.
(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
8111.023; or
(2) the date this chapter expires under Section
8111.003.
Sec. 8111.022. 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.
Sec. 8111.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a) The temporary directors shall hold an election to
confirm the creation of the district and to elect five initial
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. 8111.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8111.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8111.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8111.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2012.
[Sections 8111.026-8111.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8111.051. 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. 8111.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8111.053-8111.100 reserved for expansion]
SUBCHAPTER C. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8111.101. 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 the new 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. 8111.102. DISTRICT DIVISION BY ELECTION. (a) Except
as provided by Section 8111.103, the board shall hold an election in
the district to determine whether the district should be divided as
proposed under Section 8111.101(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. 8111.103. 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 proposed new
district or districts as indicated by the tax rolls of the central
appraisal district.
(b) If the board orders the division without an election,
the district is divided as of the date of the order.
Sec. 8111.104. 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) each municipality having extraterritorial
jurisdiction over territory in a new district.
Sec. 8111.105. 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. 8111.106. 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
director 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. 8111.107. 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. 8111.108. CONTRACT AUTHORITY OF NEW DISTRICTS. The
new districts may contract with each other for:
(1) water and wastewater services; or
(2) any other matter the boards of the new districts
consider appropriate.
Sec. 8111.109. ANNEXATION. A municipality may annex the
original district, or a new district that is created as a result of
a division of the district under Section 8111.102 or 8111.103, only
after:
(1) the district has installed at least 90 percent of
all works, improvements, facilities, plants, equipment, and
appliances necessary to:
(A) provide service to the proposed development
in the district;
(B) accomplish the purposes for which the
district was created; and
(C) exercise the powers provided by general law
and this chapter; or
(2) at least 10 years have elapsed since the creation
of the district was confirmed at an election held under Section
8111.023.
SECTION 2. The Sonterra Municipal Utility District
initially includes the territory contained within the following
area:
BEING 1,135.71 acres of land situated in the Isaac Bunker
Survey, Abstract No. 54 and the A.A. Lewis Survey, Abstract No. 384,
Williamson County, Texas, said 1,135.71 acres made up 17 tracts of
land and more particularly described by metes and bounds as
follows, all bearings based on the Texas State Plane Coordinate
System, Central Zone;
BEGINNING at an iron pin set on the East line of Interstate
Highway No. 35 said point being the most westerly corner of the
236.37 acre Schewertner tract for the most westerly corner hereof:
THENCE, along Interstate Highway No. 35 and the west line of
the Schewertner 236.37 acre tract N 22° 57' 34" E for a distance of
1,140.30 feet to a point,
THENCE, N 22° 56' 46" E for a distance of 1,313.33 feet to a
point;
THENCE, N 25° 14' 15" E for a distance of 920.51 feet to a
point:
THENCE, S 18° 46' 42" E for a distance of 1,662.48 feet to a
point;
THENCE, N 71° 08' 28" E for a distance of 613.52 feet to a
point;
THENCE, N 71° 00' 00" E for a distance of 250.22 feet to a
point;
THENCE along the west line of the Odell Faske 112.45 acre
tract, N 18° 50' 51" W for a distance of 2,407.45 feet to a point;
THENCE, continuing along the north line of the Odell Faske
112.45 acre tract, N 33° 52' 12" E for a distance of 687.00 feet to a
point for the most northerly northwest corner herein;
THENCE, continuing along the north line of the Odell Faske
112.45 acre tract, N 70° 23' 58" E for a distance of 1,507.28 feet to
a point for the most northerly northeast corner herein;
THENCE, along the east line of the Odell Faske 112.45 acre
tract, S 19° 11' 34" E for a distance of 3,116.65 feet to a point;
THENCE, along the north line of the M. Howard Faske 129.75
acre tract, N 71° 33' 31" E for a distance of 2,918.84 feet to a point
in the west ROW line of Williamson County Road No. 332;
THENCE, continuing along the West ROW line of CR 332, and
being the east line of the M. Howard Faske tract and the Wilson
Raven 159.65 acre tract, S 18° 13' 27" E for a distance of 2,164.71
feet to a point;
THENCE, along the south line of the Wilson Raven tract, S 71°
43' 55" W for a distance of 2,611.40 feet to a point;
THENCE, along the most westerly east line of the Wilson Raven
tract, S 18° 16' 05" E for a distance of 615.37 feet to a point:
THENCE, along the north line of the Tyre Flynn 26.0 acre
tract, N 85° 45' 21" E for a distance of 1,367.46 feet to a point;
THENCE, along the north line of the Tyre Flynn 27.02 acre
tract N 57° 19' 36" E for a distance 1,330.67 feet to a point in the
west ROW line of CR 332;
THENCE, along the west ROW line of CR 332, same being the east
line of the Tyre Flynn 27.02 acre tract, S 18° 39' 11" E for a
distance of 939.88 feet to a point;
THENCE, crossing CR 332 and continuing along the north ROW
line of CR 332 where it turns easterly, N 71° 20' 49" E for a distance
of 442.41 feet to a point, said point being the southwest corner of
the Dora Ann Vogt 10.57 acre tract;
THENCE, along the west line of the Vogt tract, N 19° 52' 30" W
for a distance of 433.27 feet to a point, said point being the
northwest corner of the Vogt tract;
THENCE, along the north line of the Vogt tract, N 70° 56' 10" E
for a distance of 1,038.24 feet to a point, said point being the
northeast corner of the Vogt tract;
THENCE, along the east line of the Vogt tract, S 18° 46' 01" E
for a distance of 421.09 feet to a point in the north ROW line of CR
332 said point being the southeast corner of the Vogt tract;
THENCE, along the south line of the Vogt tract, same being the
north ROW line of CR 332, S 70° 15' 40" W for a distance of 659.37
feet to a point;
THENCE, crossing CR 332 in a southerly direction and
continuing along the east lines of the Mary V. Lee 21.09 acre tract
and the Ann V. Taylor 25.65 acre tracts, S 17° 57' 07" E for a
distance of 2,771.54 feet to a point, said point being the southeast
corner of the Ann V. Taylor tract, same being in the north ROW line
of CR 314;
THENCE, along the north ROW line of CR 314 same being the
south line of the Ann V. Taylor, George P. Vrazel and Frank Vrazel
tracts, S 71° 19' 57" W for a distance of 2,091.86 feet to a point,
said point being the southwest corner of the Frank Vrazel tract;
THENCE, along the west line of the Frank Vrazel tract and the
Edward I. Vrazel 13.33 acre tract N 17° 48' 03" W for a distance of
2,307.44 feet to a point;
THENCE, continuing along the west line of the Edward I.
Vrazel tract and crossing CR 313, N 01° 17' 24" W for a distance of
326.26 feet to a point in the north ROW line of CR 313, same being
the south line of the Tyre Flynn 27.02 acre tract;
THENCE, S 71° 24' 53" W for a distance of 337.61 feet to a
point,
THENCE N 22° 26' 34" W for a distance of 310.34 feet to a
point;
THENCE, S 70° 36' 51" W for a distance of 302.14 feet to a
point;
THENCE, S 18° 35' 07" E for a distance of 305.42 feet to a
point in the north ROW line of CR 313;
THENCE, continuing along the north ROW line of CR 313, S 71°
24' 53" W for a distance of 1,798.96 feet to a point;
THENCE, N 22° 36' 44" W for a distance of 297.30 feet to a
point;
THENCE S 67° 39' 50" W for a distance of 238.81 feet to a
point;
THENCE, S 18° 35' 07" E for a distance of 280.94 feet to a
point in the north ROW line of CR 313;
THENCE, continuing along the north ROW line of CR 313, S 71°
24' 53" W for a distance of 509.48 feet to a point;
THENCE, continuing along the north ROW line of CR 313, N 82°
10' 01" W for a distance of 24.21 feet to a point;
THENCE, continuing along the north ROW line of CR 313, N 27°
00' 23" W for a distance of 100.85 feet;
THENCE, continuing along the north ROW line of CR 313, N 55°
48' 28" W for a distance of 32.42 feet to a point;
THENCE, continuing along the north ROW line of CR 313, S 78°
30' 07" W for a distance of 19.20 feet to a point;
THENCE, continuing along the north ROW line of CR 313, S 70°
34' 28" W for a distance of 223.36 feet to a point;
THENCE, crossing CR 313 in a southerly direction and
continuing along the east line of the Carroll Fuchs 92.5 acre tract,
S 19° 08' 38" E for a distance of 1,478.56 feet to a point;
THENCE, S 12° 12' 34" E for a distance of 70.62 feet to a
point;
THENCE, S 80° 07' 04" E for a distance of 1,269.10 feet to a
point;
THENCE, S 19° 12' 42" E for a distance of 660.04 feet; crossing
CR 314 to a point in the south ROW line of CR 314, same being the
north line of the Marturano Living Trust 50.0 acre tract;
THENCE, along the north line of the Marturano tract, same
being the south ROW line of CR 314, N 71° 28' 05" E for a distance of
1,649.87 feet to a point, same being the northeast corner of the
Marturano tract;
THENCE, along the east line of the Marturano 50.0 acre tract
and the Marturano Living Trust 125.0 acre tract, S 18° 22' 52" E for
a distance of 3,746.44 feet to a point, in the north ROW line of CR
315, said point being the southeast corner of the Marturano 125.0
acre tract;
THENCE, along the south line of the Marturano 125.0 acre
tract same being the north ROW line of CR 315, S 71° 44' 03" W for a
distance of 2,154.74 feet to a point, said point being the southwest
corner of the Marturano 125.0 acre tract;
THENCE, northerly along the west line of the Marturano Living
Trust 125.0 acre; 6.07 acre and 35.0 acre tracts and crossing CR
314, N 18° 52' 21" W for a distance of 3,785.93 feet to a point in the
north ROW line of CR 314;
THENCE, along the north ROW line of CR 314, same being the
south line of the Carroll Fuchs 92.5 acre tract, S 71° 06' 10" W for a
distance of 1,728.64 feet to a point, said point being the southwest
corner of the Fuchs tract;
THENCE, Northerly along the west line of the Fuchs tract and
crossing CR 313, N 18° 42' 19" W for a distance of 2,767.85 feet to a
point in the north ROW line of CR 313, same being the south line of
the Schwertner 236.37 acre tract;
THENCE, continuing along the south line of the Schwertner
236.37 acre tract, S 70° 31' 36" W for a distance of 310.97 feet to a
point;
THENCE, S 70° 48' 51" W for a distance of 1,049.83 feet to a
point;
THENCE, N 83° 35' 36" W for a distance of 66.77 feet to a
point;
THENCE N 31° 20' 00" W for a distance of 68.85 feet to a point
in the west line of the Schwertner 236.37 acre tract;
THENCE, along the west line of the Schwertner 236.37 acre
tract, N 17° 50' 33" W for a distance of 975.24 feet to a point;
THENCE, N 39° 01' 57" W for a distance of 46.05 feet to a
point;
THENCE N 50° 03' 01" W for a distance of 43.17 feet to a point;
THENCE, N 18° 23' 53" W for a distance of 1,353.19 feet to a
point;
THENCE, S 86° 25' 58" W for a distance of 447.22 feet to a
point;
THENCE N 13° 24' 55" E for a distance of 467.70 feet to a
point;
THENCE, S 86° 38' 42" W for a distance of 97.28 feet to a
point;
THENCE, N 05° 08' 31" E for a distance of 226.78 feet to a
point;
THENCE, S 86° 37' 46" W for a distance of 350.02 feet to a
point,
THENCE, S 22° 58' 49" W for a distance of 249.95 feet to a
point;
THENCE, S 84° 37' 40" W for a distance of 119.72 feet to the
Point of Beginning and Containing 1,211.08 acres, more or less;
SAVE and EXCEPT the Luis Danek 39.38 acre tract as described
in Volume 1361, Page 528 of the Official Public Records of
Williamson County, Texas and the Mary Tschoerner 35.99 acre tract
as described in Volume 1361, Page 528 of the Official Public Records
of Williamson County, Texas for a total acreage contained within
the boundary of Sonterra Municipal Utility District of 1,135.72
acres, 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. 3497 was passed by the House on May
13, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3497 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor