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H.B. No. 3524
AN ACT
relating to the creation of the Williamson County Municipal Utility
District No. 19; 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 8134 to read as follows:
CHAPTER 8134. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 19
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8134.001. 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 Williamson County Municipal
Utility District No. 19.
Sec. 8134.002. 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. 8134.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8134.023 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. 8134.004. 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. 8134.005. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapters 30, 49, and 54, Water
Code, apply to the district.
[Sections 8134.006-8134.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8134.021. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Aubrey Richard Hightower;
(2) Eddie W. Karam;
(3) Shelley Ledyard;
(4) Brian Lott; and
(5) Joe W. McDaniel.
(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 8134.023; or
(2) the date this chapter expires under
Section 8134.003.
Sec. 8134.022. 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. 8134.023. 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. 8134.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8134.023 shall draw lots to
determine which two shall serve terms expiring June 1 following the
first regularly scheduled election of directors under Section
8134.052 and which three shall serve until June 1 following the
second regularly scheduled election of directors.
Sec. 8134.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2012.
[Sections 8134.026-8134.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8134.051. 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. 8134.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8134.053-8134.100 reserved for expansion]
SUBCHAPTER C. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8134.101. 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 100
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. 8134.102. DISTRICT DIVISION BY ELECTION. (a) Except
as provided by Section 8134.103, the board shall hold an election in
the district to determine whether the district should be divided as
proposed under Section 8134.101(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 cast are in favor of the
division, the district is divided.
(d) If less than a majority of the votes cast are in favor of
the division, the district may not be divided.
Sec. 8134.103. 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. 8134.104. 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 a new district.
Sec. 8134.105. 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. 8134.106. 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. 8134.107. 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. 8134.108. 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. 8134.109. ANNEXATION BY MUNICIPALITY. 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 8134.102 or
8134.103, only after:
(1) the district has installed at least 90 percent of
all works, improvements, facilities, plants, equipment, and
appliances necessary and adequate to:
(A) provide service to the proposed development
within 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 20 years have elapsed since the creation
of the district was confirmed at an election held under Section
8134.023.
SECTION 2. The Williamson County Municipal Utility District
No. 19 initially includes all the territory contained in the
following described area:
A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE
NOAH SMITHWICK SURVEY, ABSTRACT No. 590; THE W. H. MONROE SURVEY,
ABSTRACT No. 453; THE B. MANLOVE SURVEY, ABSTRACT No. 417; THE
GEORGE W. GLASSCOCK SURVEY, ABSTRACT No. 266; THE WILLIAM W. SMITH
SURVEY, ABSTRACT No. 591; AND THE WINSLOW TURNER SURVEY, ABSTRACT
No. 607; AND BEING A PART OF THAT TRACT OF LAND CONTAINING 150.0
ACRES DESCRIBED IN A DEED FROM E. W. BRADY AND WIFE, KATHLEEN BRADY
TO A. G. BRAUN RECORDED IN VOLUME 310, PAGE 86, DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND A PART OF THAT 86.09 ACRE TRACT OF
LAND DESCRIBED IN A CONVEYANCE TO CURTIS T. BRAUN AND HIS WIFE,
ROSELLE BRAUN RECORDED IN VOLUME 375, PAGE 477, DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS; AND A PART OF THAT 175.3 ACRE TRACT OF
LAND DESCRIBED IN A CONVEYANCE TO CURTIS T. BRAUN AND HIS WIFE,
ROSELLE BRAUN RECORDED IN VOLUME 375, PAGE 477, DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS; AND A PART OF THAT TRACT OF LAND SAID TO
CONTAIN 1526.34 ACRES CONVEYED TO BRAUN FAMILY LIMITED PARTNERSHIP
BY DEED RECORDED IN DOCUMENT NO. 2004033001 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS; AND ALL OF THAT TRACT OF LAND
SAID TO CONTAIN 0.32 ACRES CONVEYED TO A. G. BRAUN BY DEED RECORDED
IN VOLUME 308, PAGE 616 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN at the point of intersection of the North Right-of-way Line of
State Highway 29 with the West Line of the said 86.09 Acre Tract
described in Volume 375, Page 477;
THENCE N.20°59'29"W., along said West Line, a distance of 662.40
feet;
THENCE N.69°00'31"E., crossing the said 86.09 Acre Tract a distance
of 37.18 feet to the Southwest Corner of that 1.00 acre tract of
land conveyed to Chisholm Trail Water Supply Corporation by deed
recorded in Volume 1008, Page 272 of the Official Records of
Williamson County, Texas;
THENCE along the South, East and North Lines of the said 1.00 Acre
Tract the following three courses:
1. S.77°55'29"E. a distance of 227.64 feet;
2. N.20°43'29"W. a distance of 227.64 feet;
3. N.77°55'29"W. a distance of 148.80 feet to a point on a
non-tangent curve to the left;
THENCE northwesterly along the arc of said curve and crossing the
said 86.09 Acre Tract and crossing the said 150.0 Acre Tract
described in Volume 310, Page 86, a distance of 3304.50 feet (said
curve having a radius of 2640.00 feet, a central angle of 71°43'03"
and a chord bearing N.22°35'59"W., 3092.96 feet);
THENCE along the West Line of the said 150.0 Acre Tract, the
following two courses:
1. N.20°29'48"W. a distance of 453.12 feet;
2. N.21°13'45"W. a distance of 255.98 feet to the Northwest Corner
thereof;
THENCE N.69°20'45"E., along the North Line of the said 150.0 Acre
Tract and along the North Line of the said 0.32 Acre Tract, a
distance of 3138.54 feet to the Southwest Corner of the said 1526.34
Acre Tract of land described in document No. 2004033001;
THENCE along the West, North and East Line of the said 1526.34 Acre
Tract the following 54 courses:
1. N.20°22'53"W. a distance of 2754.03 feet;
2. N.21°03'33"W. a distance of 663.22 feet;
3. N.21°03'33"W. a distance of 719.33 feet;
4. N.19°37'50"W. a distance of 262.65 feet;
5. N.20°16'49"W. a distance of 923.76 feet;
6. N.21°32'26"W. a distance of 794.23 feet;
7. N.19°37'58"W. a distance of 262.33 feet;
8. N.60°33'49"E. a distance of 767.61 feet;
9. N.60°31'50"E. a distance of 1239.57 feet;
10. N.20°56'08"W. a distance of 744.93 feet;
11. N.19°13'57"W. a distance of 275.80 feet;
12. N.21°53'56"W. a distance of 310.32 feet;
13. N.20°48'18"W. a distance of 154.00 feet;
14. N.66°32'02"E. a distance of 263.23 feet;
15. N.55°19'44"E. a distance of 432.07 feet;
16. N.78°09'07"E. a distance of 319.40 feet;
17. N.45°23'47"E. a distance of 133.90 feet;
18. N.03°25'42"E. a distance of 125.75 feet;
19. N.32°48'50"W. a distance of 177.00 feet;
20. N.58°20'21"E. a distance of 194.00 feet;
21. S.72°37'01"E. a distance of 82.50 feet;
22. S.66°30'17"E. a distance of 147.13 feet;
23. S.83°59'23"E. a distance of 160.92 feet;
24. N.53°31'37"E. a distance of 58.03 feet;
25. N.48°34'31"E. a distance of 291.41 feet;
26. N.49°09'48"E. a distance of 74.21 feet;
27. S.61°17'48"E. a distance of 57.52 feet;
28. S.40°23'07"E. a distance of 78.83 feet;
29. S.30°47'27"E. a distance of 100.01 feet;
30. S.19°15'34"E. a distance of 205.00 feet;
31. S.71°24'17"E. a distance of 197.88 feet;
32. N.81°20'26"E. a distance of 262.55 feet;
33. N.42°35'27"E. a distance of 221.71 feet;
34. N.31°53'53"W. a distance of 34.49 feet;
35. N.44°41'16"E. a distance of 75.26 feet;
36. N.44°08'34"E. a distance of 209.87 feet;
37. N.50°42'20"E. a distance of 98.29 feet;
38. N.52°33'03"E. a distance of 121.66 feet;
39. N.35°55'55"E. a distance of 56.08 feet;
40. N.51°51'32"E. a distance of 56.07 feet;
41. N.59°43'33"E. a distance of 148.90 feet;
42. N.62°02'37"E. a distance of 132.23 feet;
43. N.56°29'42"E. a distance of 152.93 feet;
44. S.20°38'58"E. a distance of 1580.32 feet;
45. N.66°55'31"E. a distance of 173.14 feet;
46. N.70°06'39"E. a distance of 1828.83 feet;
47. N.69°01'57"E. a distance of 1824.13 feet;
48. S.20°59'32"E. a distance of 621.59 feet;
49. S.21°12'36"E. a distance of 861.14 feet;
50. S.21°00'38"E. a distance of 299.58 feet;
51. S.21°56'46"E. a distance of 167.55 feet;
52. S.19°57'43"E. a distance of 118.54 feet;
53. S.21°33'16"E. a distance of 551.00 feet;
54. N.68°36'35"E. a distance of 871.95 feet to a point on a
non-tangent curve to the left;
THENCE southerly crossing the said 1526.34 Acre Tract along the arc
of said curve, a distance of 3367.96 feet (said curve having a
radius of 10560.00 feet, a central angle of 18°16'25" and a chord
bearing S.08°52'15"E., 3353.70 feet) to the South Line of the said
1526.34 Acre Tract;
THENCE along said South Line the following 13 courses:
1. S.72°45'38"W. a distance of 404.08 feet;
2. S.70°53'24"W. a distance of 919.77 feet;
3. S.65°40'37"W. a distance of 1024.97 feet;
4. S.66°48'12"W. a distance of 1679.07 feet;
5. S.66°19'52"W. a distance of 897.44 feet;
6. S.67°46'13"W. a distance of 655.66 feet;
7. N.14°43'03"W. a distance of 6.73 feet;
8. S.69°35'42"W. a distance of 610.48 feet;
9. S.64°06'46"W. a distance of 1183.59 feet;
10. S.68°15'13"W. a distance of 274.87 feet;
11. S.66°27'41"W. a distance of 942.76 feet;
12. S.21°06'19"E. a distance of 587.00 feet;
13. S.69°05'16"W. a distance of 1110.64 feet to the Northeast
Corner of the said 0.32 Acre Tract;
THENCE S.12°35'50"E., along the East Line of the said 0.32 Acre
Tract, a distance of 43.55 feet;
THENCE S.69°02'56"W., along the South Line of the said 0.32 Acre
Tract, a distance of 323.26 feet to the East Line of the said 150.00
Acre Tract;
THENCE along the Easterly Line of the said 150.00 Acre Tract the
following three courses:
1. S.21°06'19"E. a distance of 1475.63 feet;
2. S.69°32'13"W. a distance of 1442.98 feet;
3. S.21°23'11"E. a distance of 1528.15 feet to the Southeast Corner
of the said 150.00 Acre Tract and to the North Line of the said 175.3
Acre Tract;
THENCE N.69°03'16"E., along said North Line, a distance of 2845.57
feet to the Northeast corner of the 175.3 Acre Tract;
THENCE along the East Line of the said 175.3 Acre Tract the
following two courses:
1. S.06°37'22"E. a distance of 2619.65 feet;
2. S.15°11'41"W. a distance of 1791.08 feet to the Southeast Corner
of the 175.3 Acre Tract;
THENCE along the South Line of the said 175.3 Acre tract the
following two courses:
1. N.67°20'02"W. a distance of 905.74 feet;
2. N.58°01'20"W., at a distance of 508 feet, more or less, pass the
Southwest Corner of the said 175.3 Acre Tract and continue along the
South Line of the 86.09 Acre Tract, in all a total distance of
746.02 feet;
THENCE continue along the South Line of the 86.09 Acre Tract the
following four courses:
1. N.64°17'01"W. a distance of 147.03 feet;
2. N.66°06'56"W. a distance of 138.75 feet;
3, S.86°18'10"W. a distance of 150.58 feet;
4. N.72°10'32"W. a distance of 65.90 feet to the Southeast Corner
of that 10.0 acre tract of land conveyed to Duncan Lee Forest by
deed recorded in Volume 1990, Page 804 of the Official Records of
Williamson County, Texas;
THENCE along the East, North and West Lines of the said 10.0 Acre
Tract the following five courses:
1. N.07°26'42"W. a distance of 614.28 feet;
2. N.00°54'32"W. a distance of 139.49 feet;
3. N.77°15'12"W. a distance of 595.50 feet;
4. S.03°06'52"E. a distance of 207.45 feet;
5. S.07°34'35"W. a distance of 448.29 feet to the Southwest Corner
of the 10.0 Acre Tract and the South Line of the 86.09 Acre Tract,
the same being the North Line of State Highway 29;
THENCE along the South Line of the 86.09 Acre Tract and the North
Line of State Highway 29 the following two courses:
1. N.72°10'32"W. a distance of 605.20 feet;
2. N.72°26'32"W. a distance of 43.59 feet to the said Point of
Beginning.
Containing 1850.50 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. 3524 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. 3524 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor