|
|
|
|
AN ACT
|
|
relating to the creation of the Williamson-Liberty Hill Municipal |
|
Utility District; providing authority to impose a tax and issue |
|
bonds; granting the power of eminent domain. |
|
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 8199 to read as follows: |
|
CHAPTER 8199. WILLIAMSON-LIBERTY HILL MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8199.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Williamson-Liberty Hill |
|
Municipal Utility District. |
|
Sec. 8199.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under and essential to |
|
accomplish the purposes of Section 59, Article XVI, Texas |
|
Constitution. |
|
Sec. 8199.003. CONFIRMATION ELECTION REQUIRED. (a) The |
|
board shall hold an election to confirm the creation of the district |
|
as provided by Section 49.102, Water Code. |
|
(b) If the creation of the district is not confirmed at a |
|
confirmation election before September 1, 2011: |
|
(1) the district is dissolved September 1, 2011, |
|
except that the district shall: |
|
(A) pay any debts incurred; |
|
(B) transfer to Williamson County any assets that |
|
remain after the payment of debts; and |
|
(C) maintain the organization of the district |
|
until all debts are paid and remaining assets are transferred; and |
|
(2) this chapter expires September 1, 2014. |
|
Sec. 8199.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All |
|
land and other property in the district will benefit from the |
|
improvements and services to be provided by the district. |
|
Sec. 8199.005. 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 the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for a purpose for |
|
which the district is created or to pay the principal of and |
|
interest on the bond; |
|
(3) right to impose an assessment or tax; or |
|
(4) legality or operation. |
|
[Sections 8199.006-8199.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8199.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Directors serve staggered four-year terms. |
|
Sec. 8199.052. INITIAL DIRECTORS. (a) The initial board |
|
consists of: |
|
(1) Brad Greenblum; |
|
(2) Patrick Shelton; |
|
(3) Mark Sprague; |
|
(4) Keith Husbands; and |
|
(5) Robert Gelernter. |
|
(b) Unless the initial board agrees otherwise, the initial |
|
directors shall draw lots to determine which two shall serve until |
|
the first regularly scheduled election of directors and which three |
|
shall serve until the second regularly scheduled election of |
|
directors. |
|
(c) This section expires September 1, 2014. |
|
[Sections 8199.053-8199.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8199.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 8199.102. 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. 8199.103. REGIONAL WASTE DISPOSAL POWERS AND DUTIES. |
|
The district has the powers and duties applicable to a district |
|
under Chapter 30, Water Code. |
|
Sec. 8199.104. COMPLIANCE WITH MUNICIPAL CONSENT |
|
RESOLUTION. The district shall comply with all applicable |
|
requirements of any resolution, adopted by the governing body of a |
|
municipality under Section 54.016, Water Code, that consents to the |
|
creation of the district or to the inclusion of land in the |
|
district. |
|
Sec. 8199.105. WASTEWATER TREATMENT FACILITY DESIGN |
|
APPROVAL. The district must obtain the approval of the Brazos River |
|
Authority for the design of any district wastewater treatment |
|
facility. |
|
Sec. 8199.106. WASTEWATER SERVICE PROVIDERS. Only the |
|
Brazos River Authority or a provider approved by the Brazos River |
|
Authority may provide wastewater service in the district. |
|
Sec. 8199.107. COMPLIANCE WITH FEBRUARY 2005 AGREEMENT. |
|
The district shall comply with the terms of the "Agreement |
|
Regarding Sewer Services Areas and Customers" among the Lower |
|
Colorado River Authority, the Brazos River Authority, the City of |
|
Georgetown, the City of Liberty Hill, and the Chisholm Trail |
|
Special Utility District dated February 1, 2005. |
|
Sec. 8199.108. STREET REPAIR AND MAINTENANCE. (a) After |
|
July 1, 2017, the district, at the district's expense, shall repair |
|
and maintain any streets in the district. |
|
(b) A district's repair and maintenance of streets under |
|
this section must meet all applicable construction standards and |
|
regulations of the City of Liberty Hill and Williamson County. |
|
[Sections 8199.109-8199.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8199.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
|
district may issue, without an election, bonds and other |
|
obligations secured by revenue or contract payments from a source |
|
other than ad valorem taxation. |
|
(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) An ad valorem tax rate imposed by the district may not |
|
exceed the rate approved at the election. |
|
Sec. 8199.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 8199.151, the district |
|
may impose an operation and maintenance tax on taxable property in |
|
the district as provided by Chapter 49.107, Water Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
[Sections 8199.153-8199.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 8199.201. 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, grants, or other district money, or any combination of |
|
those sources, to pay for any authorized district purpose. |
|
Sec. 8199.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
|
the time bonds or other obligations payable wholly or partly from ad |
|
valorem taxes are issued: |
|
(1) the board shall impose a continuing direct annual |
|
ad valorem tax, at a rate not to exceed the rate approved at an |
|
election held under Section 8199.151, for each year that all or part |
|
of the bonds are outstanding; and |
|
(2) the district annually shall impose an ad valorem |
|
tax on all taxable property in the district in an amount sufficient |
|
to: |
|
(A) pay the interest on the bonds or other |
|
obligations as the interest becomes due; |
|
(B) create a sinking fund for the payment of the |
|
principal of the bonds or other obligations when due or the |
|
redemption price at any earlier required redemption date; and |
|
(C) pay the expenses of imposing the taxes. |
|
SECTION 2. The Williamson-Liberty Hill Municipal Utility |
|
District initially includes all the territory contained in the |
|
following area: |
|
DESCRIPTION OF 228.227 ACRES OF LAND OUT OF THE NOAH SMITHWICK |
|
SURVEY, ABSTRACT NO. 590 AND W.H. MONROE SURVEY, ABSTRACT NO. 453, |
|
SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT |
|
CERTAIN 316 ACRE TRACT DESCRIBED IN A DEED TO EDWIN C. ROSENBUSCH, |
|
ET UX, OF RECORD IN VOLUME 427, PAGE 535 OF THE DEED RECORDS OF |
|
WILLIAMSON COUNTY, TEXAS; AND ALSO BEING A PORTION OF THAT CERTAIN |
|
10.98 ACRE TRACT DESCRIBED IN A DEED TO VINCENT J. STAGLIANO, OF |
|
RECORD IN DOCUMENT NO. 2005055873 OF THE OFFICIAL PUBLIC RECORDS OF |
|
WILLIAMSON COUNTY, TEXAS; SAID 228.227 ACRES BEING MORE |
|
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
COMMENCING, for reference, at a 1/2-inch iron rod with cap found in |
|
the southwesterly right-of-way line of State Highway No. 29 |
|
(100-foot right-of-way), for the easterly corner of Lot 1 of the |
|
Amended R. McMillian Subdivision, of record in Cabinet K, Slides |
|
67-68, of the Plat Records of Williamson County, and the northerly |
|
corner of said 10.98 acre tract; |
|
THENCE, along the southwesterly line of said State Highway No. 29 |
|
with the northeasterly line of said 10.98 acre tract, the following |
|
two (2) courses and distances: |
|
1) along a curve to the right having a radius of 2814.79 feet, a |
|
central angle of 6°49'21", an arc distance of 335.17 feet and a chord |
|
which bears S62°12'06"E, a distance of 334.97 feet, to a 1/2 inch |
|
iron rod with cap found for the end of said curve at or near State |
|
Highway No. 29 centerline Station 527+04.3, 50' LT.; |
|
2) S58°44'38"E, a distance of 30.41 feet to a 1/2-inch iron rod |
|
with cap set for the POINT OF BEGINNING and an exterior ell corner |
|
hereof; |
|
THENCE, S58°44'38"E, continuing along the southwesterly line of |
|
said State Highway No. 29, being the northwesterly line of said |
|
10.98 acre tract, for a portion of the northeasterly line hereof, a |
|
distance of 180.00 feet to a 1/2-inch iron rod with cap set for an |
|
exterior ell corner hereof; |
|
THENCE, leaving the southwesterly line of said State Highway No. |
|
29, over and across said 10.98 acre and said 316 acre tracts along a |
|
portion of the northeasterly line hereof, the following five (5) |
|
courses and distances: |
|
1) S31°17'49"W, a distance of 100.35 feet, to a 1/2-inch iron rod |
|
with cap set for an exterior ell corner hereof; |
|
2) N58°42'11"W, a distance of 50.00 feet to 1/2-inch iron rod with |
|
cap set for an interior ell corner hereof; |
|
3) S31°17'49"W, at a distance of 413.09 feet crossing the easterly |
|
line of said 316 acre tract, leaving said 10.98 acre tract, a total |
|
distance of 490.00 feet to a 1/2-inch iron rod with cap set for an |
|
interior ell corner hereof; |
|
4) S58°42'11"E, at a distance of 68.19 feet crossing the westerly |
|
line of said 10.98 acre tract, leaving said 316 acre tract, a total |
|
distance of 489.99 feet to a 1/2-inch iron rod with cap set in the |
|
northwesterly line of that certain 10.00 acre tract described in a |
|
Contract of Sale and Purchase between the Veterans Land Board of |
|
Texas and William D. Jenkins, of record in Volume 755, Page 855, of |
|
said Deed Records and the southeasterly line of said 10.98 acre |
|
tract for an exterior ell corner hereof; |
|
5) S31°16'19"W, along the northeasterly line of said 10.00 acre |
|
tract and the southeasterly line of said 10.98 acre tract, a |
|
distance of 215.92 feet to a 1/2-inch iron rod found at the base of a |
|
cedar fence post in the remains of a wire fence adjacent to the |
|
presently fenced and occupied northeasterly line of said 316 acre |
|
tract, for the monumented southerly corner of said 10.98 acre tract |
|
and said 10.00 acre tract, for an exterior ell corner hereof; |
|
THENCE, along the southeasterly line of said 10.00 acre tract, for a |
|
portion of the northeasterly line hereof, the following three (3) |
|
courses and distances: |
|
1) S55°45' 57"E, a distance of 87.60 feet to a 1/2-inch iron rod |
|
found for an angle point of said 10.00 acre tract and hereof; |
|
2) S50°38'25"E, a distance of 154.10 feet to a 60d nail found in |
|
fence post for an angle point of said 10.00 acre tract and hereof; |
|
3) S17°28'18"E, at 337.71 feet passing a l/2-inch iron rod found |
|
for the southerly corner of said 10.00 acre tract and continuing |
|
along the southwesterly line of that certain 10.97 acre tract |
|
described in a deed to Vincent J. Stagliano, of record in Document |
|
No. 2006004521 of said Official Public Records, a total distance of |
|
373.34 feet to a 1/2-inch iron rod found for the northeasterly |
|
corner of that certain 136.97 acre tract described in a deed to Z. |
|
M. Bonnet, of record in Volume 611, Page 672 of said Deed Records, |
|
the occupied southeasterly corner of said 316 acre tract and the |
|
southeasterly corner hereof; |
|
THENCE, along the northerly line of said 136.97 acre tract as found, |
|
fenced and monumented on the ground, being the occupied southerly |
|
line of said 316 acre tract, for a portion of the southerly line |
|
hereof, the following three (3) courses and distances: |
|
1) S68°22'05"W, a distance of 557.93 feet to a 1/2 inch iron rod |
|
found for an angle point of said 136.97 acre tract and hereof; |
|
2) S70°27'30"W, a distance of 400.65 feet to a 1/2 inch iron rod |
|
found for an angle point of said 136.97 acre tract and hereof; |
|
3) S69°53'20"W, a distance of 1672.24 feet to a 1/2-inch iron rod |
|
found for the northwesterly corner of said 136.97 acre tract at an |
|
offset in the presently occupied southerly line of said 316 acre |
|
tract for an angle point hereof; |
|
THENCE, S20°01'45"E, along the westerly line of said 136.97 acre |
|
tract, a distance of 13.44 feet to a 1/2 inch iron rod found for the |
|
monumented northeasterly corner of said of that certain tract |
|
described as two hundred (200) acres in a deed to F.F. Davis, et ux, |
|
of record in Volume 329, Page 336 of said Deed Records, being an |
|
angle point in the southerly line of said 316 acre tract, and the |
|
southerly line hereof; |
|
THENCE, S69°21'37"W, along the monumented north line of said two |
|
hundred acres, for a portion of the southerly line hereof, at a |
|
distance of 1005.26 feet passing a 1/2 inch iron rod with cap found |
|
for the northeasterly corner of that certain tract described as |
|
3.16 acre in a deed to Pedernales Electric Cooperative, Inc., of |
|
record in Document No. 200640305, said Official Public Records, |
|
leaving the remainder of said two hundred acre tract and continuing |
|
along the fenced and monumented northerly line of said 3.16 acre |
|
tract, a total distance of 1468.55 feet to a 1/2-inch iron rod with |
|
cap set for the southwesterly corner hereof; |
|
THENCE, leaving the northerly line of said 3.16 acre tract, over and |
|
across said 316 acre tract, the following six (6) courses and |
|
distances: |
|
1) Nll°17'24"W, a distance of 929.10 feet to a 1/2-inch iron rod |
|
found for an angle point hereof; |
|
2) S67°33'15"W, a distance of 1456.16 feet to a 1/2-inch iron rod |
|
with cap found in the fenced and occupied easterly line of County |
|
Road 266, an unspecified width right-of-way, for an angle point |
|
hereof; |
|
3) N08°44'30"W, along the easterly line of said county road, a |
|
distance of 687.16 feet to 1/2-inch iron rod with cap set for an |
|
angle point hereof; |
|
4) N12°38'37"W, along the easterly line of said county road, a |
|
distance of 106.61 feet to a 1/2-inch iron rod with cap found for an |
|
angle point hereof; |
|
5) N71°42'29"E, leaving said county road, a distance of 808.72 feet |
|
to a l/2-inch iron rod with cap found for an angle point hereof; |
|
6) N20°46'09"W, at a distance of 858.17 feet passing a 1/2-inch iron |
|
rod found, a total distance of 860.11 feet to a 1/2-inch iron rod |
|
with cap set in the southerly line of Twenty-Nine Ranch, a |
|
subdivision of record in Cabinet K, Slides 115-116 of said Plat |
|
Records for the northwesterly corner hereof; |
|
THENCE, along the southerly line of said Twenty-Nine Ranch |
|
subdivision, and the southerly line of Poldrack Estates, a |
|
subdivision of record in Cabinet R, Slide 106 of said Plat Records, |
|
being the occupied northerly line of said 316 acre tract as found |
|
fenced on the ground, for the northwesterly line hereof, the |
|
following eight (8) courses and distances: |
|
1) N69°14'51"E, along the southerly line of said Twenty-Nine |
|
Ranch, a distance of 715.53 feet to a 1/2-inch iron rod found for |
|
the common southeasterly corner of Lot 15, said Twenty-Nine Ranch |
|
and Lot 5A, said Poldrack Estates, for an angle point hereof; |
|
2) N69°39'50"E, along the southerly line of said Poldrack Estates, |
|
a distance of 846.33 feet to a 1/2-inch iron rod with cap set at the |
|
common southeasterly corner of Lot 5B, said Poldrack Estates and |
|
Lots 2 and 3, said Twenty-Nine Ranch for an angle point hereof, from |
|
which a 1/2-inch iron rod found bears S32°14'32"W, a distance of |
|
1.31 feet; |
|
3) N69°21'16"E, leaving said Poldrack Estates and rejoining the |
|
southerly line of said Twenty-Nine Ranch, a distance of 294.84 |
|
feet, to a 1/2-inch iron rod found for an angle point of said Lot 2 |
|
and hereof; |
|
4) N71°27'12"E, a distance of 234.01 feet to a 1/2-inch iron rod |
|
found for an angle point of said Lot 2 and hereof; |
|
5) N72°01'52"E, a distance of 183.26 feet to a 1/2-inch iron rod |
|
found for the common southeasterly corner of Lots 1 and 2, said |
|
Twenty-Nine Ranch and an angle point hereof; |
|
6) N70°51'21"E, a distance of 340.43 feet to a 1/2-inch iron rod |
|
found for an angle point of said Lot 1 and hereof; |
|
7) N69°46'40"E, a distance of 330.74 feet to a 1/2-inch iron rod |
|
found for an angle point of said Lot 1 and hereof; |
|
8) N82°26"30"E, a distance of 9.29 feet to a l/2-inch iron rod with |
|
cap set for the northwesterly corner of that certain 3.034 acre |
|
tract described in a deed to Lonnie Draper, et al, of record in |
|
Volume 1148, Page 795, of the Official Records of Williamson |
|
County, Texas, for an angle point of said Lot 1, and for the |
|
occupied northeasterly corner of said 316 acre tract and hereof; |
|
THENCE, S21°41'36"E, along the westerly line of said 3.034 acre |
|
tract, being a portion of the northeasterly line of said 316 acre |
|
tract and hereof, a distance of 621.44 feet to a 1/2-inch iron rod |
|
found for the southwesterly corner of said, 3.034 acre tract, for an |
|
angle point of said 316 acre tract and hereof; |
|
THENCE, in part along the southeasterly line of said 3.034 acre |
|
tract, being a portion of the northeasterly line of said 316 acre |
|
tract, the southeasterly line of that certain 5.526 acre tract |
|
described in a deed to James L. Click, et ux, in a deed of record in |
|
Document No. 9820992 of said Official Records, the southeasterly |
|
line of that certain 1.42 acre tract described in a deed to Allison |
|
M. Garcia, et al, of record in Document No. 2001016968 of said |
|
Official Public Records, and the southeasterly line of said Amended |
|
R. McMillian Subdivision; the following two (2) courses and |
|
distances: |
|
1) N69°21'45"E, at a distance of 34.50 passing a 1/2-inch iron rod |
|
found for the common corner of said 3.034 acre tract and said 5.526 |
|
acre tract, at a distance of 496.40 feet passing a 1/2-inch iron rod |
|
found for the common corner of said 5.526 acre tract and said 1.42 |
|
acre tract, a total distance of 714.73 feet to a 1/2-inch iron rod |
|
found for the common corner of said 1.42 acre tract and said Amended |
|
McMillian Subdivision, for an angle point hereof; |
|
2) N68°26'03"E, a distance of 1.30 feet to a 1/2-inch iron rod with |
|
cap set in the southeasterly line of said Amended McMillian |
|
Subdivision for an angle point hereof; |
|
THENCE, leaving said Amended McMillian Subdivision, over and across |
|
said 316 acre tract and said 10.98 acre tract, along a portion of |
|
the northeasterly line hereof in the following four (4) courses and |
|
distances; |
|
1) S58°42'11"E, a distance of 811.36 feet to a 1/2-inch iron rod |
|
with cap set for an interior ell corner hereof; |
|
2) N31°17'49"E, at a distance of 130.95 feet crossing the westerly |
|
line of said 10.98 acre tract, leaving said 316 acre tract, a total |
|
distance of 453.80 feet to a l/2-inch iron rod with cap set for an |
|
interior ell corner hereof; |
|
3) N58°42'11"W, a distance of 50.00 feet to a 1/2-inch iron rod |
|
with cap set for an exterior ell corner hereof; |
|
4) N31°17'49"E, a distance of 100.22 feet to the POINT OF BEGINNING, |
|
containing an area of 228.227(9,941,560 square feet) of land, more |
|
or less, within these metes and bounds. |
|
BASIS OF BEARINGS: IS THE TEXAS COORDINATE SYSTEM NAD83(93) CENTRAL |
|
ZONE CALIBRATED TO LCRA GPS CONTROL MONUMENTS AZF9, AZ54, AND A843 |
|
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 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, 2007. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2734 was passed by the House on May 8, |
|
2007, by the following vote: Yeas 146, Nays 0, 2 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 2734 on May 25, 2007, by the following vote: Yeas 138, Nays 0, |
|
1 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 2734 was passed by the Senate, with |
|
amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
|
0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |