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  S.B. No. 942
 
 
 
 
  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.  EXCLUSION OF TERRITORY FROM DEFINED AREA.
  Before holding an election under Section 9017.060, the district may
  exclude territory from the defined area in the manner provided by
  Sections 49.303, 49.304, 49.305, 49.306, and 49.307, Water Code.
         Sec. 9017.055.  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. 9017.056.  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
  9017.057, 9017.060, 9017.061, 9017.062, 9017.063, or 9017.064, 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. 9017.057.  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. 9017.058.  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 the road project is located.
         (b)  If a road project is not located in the corporate limits
  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. 9017.059.  LIMITATION ON USE OF EMINENT DOMAIN.  The
  district may not exercise the power of eminent domain outside the
  district to acquire a site or easement for:
               (1)  a road project authorized by Section 9017.057; or
               (2)  a recreational facility as defined by Section
  49.462, Water Code, primarily intended to serve the defined area.
         Sec. 9017.060.  ELECTIONS REGARDING DEFINED AREA TAXES OR
  BONDS.  (a)  The district must hold an election in the defined area
  in the manner provided by Section 9017.056 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. 9017.061.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 9017.060, 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. 9017.062.  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 9017.060.
         (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. 9017.063.  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. 9017.064.  TAXES FOR BONDS.  At the time the district
  issues bonds under Section 9017.060, the board may provide for the
  imposition of a tax to pay the principal of or interest on the
  bonds.
         Sec. 9017.065.  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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 942 passed the Senate on
  April 21, 2011, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 27, 2011, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 942 passed the House, with
  amendment, on May 20, 2011, by the following vote: Yeas 149,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor