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HomeMy WebLinkAboutRES 022205-U - Create MUD Ferguson SurveyRESOLUTION NO. 02ZZ %55IL RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS REGARDING THE CREATION OF A MUNICIPAL UTILITY DISTRICT TO BE LOCATED IN WILLIAMSON COUNTY, TEXAS, ON A TRACT CONSISTING OF APPROXIMATELY 151 62 ACRES OF LAND GENERALLY SITUATED IN THE JOHN F FERGUSON SURVEY, ABSTRACT NO. A-231 IN WILLIAMSON COUNTY, TEXAS AND LOCATED OUTSIDE OF THE CITY'S EXTRATERRITORIAL JURISDICTION WHEREAS, a regular meeting of the City Council of the City of Georgetown, Texas (the "City Council") was held on February 22 2005; and WHEREAS, notice of this regular meeting was properly posted, and a quorum of the City Council was present at the meeting; and WHEREAS, at the meeting, the City Council considered the creation of a Municipal Utility District in Williamson County Texas to be located on approximately 151.62 acres of land in the area shown on the attached "Exhibits A-1 and "A-2,' which is outside of the City of Georgetown's extraterritorial jurisdiction and WHEREAS, in 1988 the City Georgetown and the City of Weir executed a Boundary Agreement which determined that Georgetown's ETJ would not extend beyond the San Gabriel River east of where it crosses Highway 29 East at Mankin's Crossing, and WHEREAS, the proposed District is located east of Mankin's Crossing; WHEREAS, Article XVI, Section 59 (e) of the Texas Constitution provides that "No law creating a conservation and reclamation district shall be passed unless, at the time notice of the intention to introduce a bill is published as provided in Subsection (d) of this section, a copy of the proposed bill is delivered to the commissioners court of each county in which said district or any part thereof is or will be located and to the governing body of each incorporated city or town in whose jurisdiction said district or any part thereof is or will be located. Each such commissioners court and governing body may file its written consent or opposition to the creation of the proposed district with the governor, lieutenant governor, and speaker of the house of representatives. Each special law creating a conservation and reclamation district shall comply with the provisions of the general laws then in effect relating to consent by political subdivisions to the creation of conservation and reclamation districts and to the inclusion of land within the district;" and WHEREAS, the City of Georgetown, Texas has received a copy of a proposed bill entitled "AN ACT RELATING TO THE CREATION OF THE WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT 16 PROVIDING AUTHORITY TO IMPOSE A TAX AND ISSUE BONDS," a copy of which is attached hereto as "Exhibit B"; and Resolution No Sam Pfiester MUD Page 1 of 2 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: SECTION 1. The City Council hereby does not object to the creation of the Municipal Utility District in Williamson County, Texas as described in Exhibits `°A-1 , "A-2", and "B", copies of which are attached hereto and made a part hereof as if set forth in full provided that the following conditions are met. (1) any District wastewater treatment facility will be chosen from a list of designs approved by the Brazos River Authority and (2) all operators of any District wastewater treatment facility will be approved by the Brazos River Authority. SECTION 2. The Mayor is hereby authorized to sign this Resolution, and the City Secretary to attest. SECTION 3. This Resolution shall be effective immediately upon adoption. RESOLVED this 22nd day of February, 2005. ATTEST;) c Sandra Lee, City Secretary APP ED AS TO FOR Pat icia E Carls BROWN & CARLS, LLP, City Attorney TH ITY OF EORGETOWN: on, Mayo Resolution No 0222 ©S'" u Sam Pfiester MUD Page 2 of 2 i Fichlhlf IROtt Q t C4 SURVEY PLA2 FOR S.44( L Pt/ESTER &- REBECCA K PFIESTER 151.62 AC. TRACT 1! 101. ©8 .4C• 842/469 50.51 AC 907/610 John f' f}irguson 4--4981 IN 117I.11AMSOJV C UNTI T6'XAS ant.Iwm1tat.K =Oa w • Saga,. taWwaea.t LM M Sawa awn ea Me Moan AKw M< TWO Vim a w.sawwl in awL IONS M war. Meal. • MOM /wL K K OM Sea KM at ISO eat ww.M MYL M.It Ma le Rawer pus a.was• �Iw waaow tat M�wwas aw Aso Y0.MNaas l.f�r. 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H S or nat a M&S a SST MUMS Mt it* Sala MO-MOS (Seat MK NO ___ laWAR7Ea A A EST RE nS any. ✓ al MCC If MIS Eta A esa t WS WIN JAR. 17. )M '..,a, taws. 7rin13 M.ON i 0 At xg i y aMRts..s SM0 1MM r! ~ 1 1 Ulan* as SOM. VT. a. Doc,11117*fl1 1ST 64 tea R4t1M7a M 7tiSG. T7..a DOG* l0071n770 n. I46 6I1W At. Oral u rocetJLC H.M. witn,tt xaw le3 70-SYW N 677-ea' NICE*SirE 11I1.621 Ii I 57.216a/16 403.0Y N 7YW$V E 4434E SlYS erasu.ar 1 i 1 1 1 1 1 1 SAM L PFILS7F'R & REBECCA K PFI i'.7.i TRACT if CALLED 101.02 AC. 84.2/469 27e4CT I 542/469 Op i11 WISE 1 151.62 AC. NRrracrr t70.79. 1 1 1 1 SC 907/610 CALLED 50. 51 AC. 1nt-7lt tat.E7 arc Nowt Prawn 7L5.46 A9tA C 6 "b" By: H.B. No A BILL TO BE ENTITILED 1 AN ACT 2 relating to the creation of the Williamson County Municipal 3 Utility District No. 16; providing authority to impose a tax and 4 issue bonds. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 6 SECTION 1. Subtitle F, Title 6, Special District Local Laws 7 Code, is amended by adding Chapter 81XX to read as follows: 8 9 10 CHAPTER 81XX. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 SUBCHAPTER A. GENERAL PROVISIONS 1 Sec. 81XX.001. DEFINITIONS. In this chapter: 12 (1) "Board" means the board of directors of the 13 district. 14 (2) "Director" means a member of the board. 15 (3) "District" means the Williamson County Municipal 16 Utility District No. 16. 17 Sec. 81XX.002. NATURE OF DISTRICT. The district is a 18 municipal utility district in Williamson County created under and 19 essential to accomplish the purposes of Section 59, Article XVI, 20 Texas Constitution. 1 Sec. 81XX.003. CONFIRMATION ELECTION REQUIRED. If the 2 creation of the district is not confirmed at a confirmation 3 election held under Section 81XX.023 before September 1, 2007: 4 5 that: (1) the district is dissolved September 1, 2007, except (A) any debts incurred shall be paid; 7 (B) any assets that remain after the payment of 8 debts shall be transferred to Williamson County; and 9 (C) the organization of the district shall be maintained 10 until all debts are paid and remaining assets are transferred; 11 and 12 (2) this chapter expires September 1, 2010. i Sec. 81XX.004. INITIAL DISTRICT TERRITORY. (a) The district 14 is initially composed of the territory described by Section 2 of 15 the Act creating this chapter. 16 (b) The boundaries and field notes contained in Section 2 of 17 the Act creating this chapter form a closure. A mistake made in 18 the field notes or in copying the field notes in the legislative 19 process does not affect: 20 (1) the organization, existence, or validity of the 21 district; 22 (2) the right of the district to impose taxes; or 23 (3) the legality or operation of the board. 79R 2 1 Sec. 81XX.005. APPLICABILITY OF OTHER LAW. Except as 2 otherwise provided by this chapter, Chapters 30, 49, and 54, 3 Water Code, apply to the district. 4 [Sections 81XX.006-81XX.020 reserved for expansion] 5 SUBCHAPTER Al. TEMPORARY PROVISIONS 6 Sec. 81XX.021. TEMPORARY DIRECTORS.(a) The temporary board 7 consists of: 8 9 10 11 12 3 (1) Glynn D. Buie; (2) Jim Caskey; (3) James A. Davidson, Jr.; (4) John W. Stewart; and (5) Tom W. Swinbank;. (b) If a temporary director fails to qualify for office, 14 the temporary directors who have qualified shall appoint a person 15 to fill the vacancy. If at any time there are fewer than three 16 qualified temporary directors, the commission shall appoint the 17 necessary number of persons to fill all vacancies on the board. 18 (c) Temporary directors serve until the earlier of: 19 (1) the date directors are elected under Section 20 81XX.023; or 21 (2) the date this chapter expires under Section 22 81XX.003. 23 (d) Temporary directors of the district are not required to 79R 3 1 own land in or be residents of the district. 2 Sec. 8109.022. ORGANIZATIONAL MEETING OF TEMPORARY 3 DIRECTORS.As soon as practicable after all the temporary 4 directors have qualified under Section 49.055, Water Code, a 5 majority of the temporary directors shall convene the 6 organizational meeting of the district at a location in the 7 district agreeable to a majority of the directors. If a location 8 cannot be agreed upon, the organizational meeting shall be at the 9 Williamson County Courthouse. 10 Sec. 8109.023. CONFIRMATION AND INITIAL DIRECTORS' 11 ELECTION. (a) The temporary directors shall hold an election to 12 confirm the creation of the district and to elect five directors as provided by Section 49.102, Water Code. 14 (b) At the confirmation and initial directors' election the 15 board may submit to the voters a proposition to authorize: 16 (1) an issuance of bonds; 17 (2) a maintenance tax; or 18 (3) a tax to fund payments required under a contract. 19 (c) Section 41.001(a), Election Code, does not apply to a 20 confirmation and initial directors' election held under this 21 section. 22 Sec. 81XX.024. INITIAL ELECTED DIRECTORS; TERMS. The 23 directors elected under Section 81XX.023 shall draw lots to 79R 4 1 determine which two shall serve terms expiring June 1 following 2 the first regularly scheduled election of directors under Section 3 81XX.052 and which three shall serve until June 1 following the 4 second regularly scheduled election of directors. 5 Sec. 81XX.025. EXPIRATION OF SUBCHAPTER. This subchapter 6 expires September 1, 2010. 7 [Sections 81XX.026-81XX.050 reserved for expansion] 8 SUBCHAPTER B. BOARD OF DIRECTORS 9 Sec. 81XX.051. DIRECTORS; TERMS. (a) The district is 10 governed by a board of five directors. 11 (b) Directors serve staggered four-year terms that expire 12 June 1 of even -numbered years. 3 Sec. 81XX.052. ELECTION OF DIRECTORS. On the uniform 14 election date in May of each even -numbered year, the appropriate 15 number of directors shall be elected. 16 [Sections 81XX.053-81XX.100 reserved for expansion] 17 SECTION 2. The district initially includes all the 18 territory contained in the following described area: 19 BEING 151.62 acres of the John F. Furguson Survey, A-231, in 20 Williamson County, Texas. This property contains a 101.02 acre 21 Tract II which is described in a deed to Sam L Pfiester and 22 Rebecca K. Pfiester, of record in Vol. 842, Pg. 469; and a 50.51 23 acre tract which was conveyed in Vol. 907, Pg. 610, Deed Records 79R 5 1 of Williamson County, Texas. Surveyed on the ground in January of 2 2005, by William F. Forest, Jr., Registered Professional Land 3 Surveyor No. 1847. Said 151.62 acres being more particularly 4 described by metes and bounds as follows: 5 BEGINNING at an iron pin which was set for the northeast 6 corner of the said 50.51 acre Pfiester tract, on or near the 7 North line of the J.F. Furguson Survey. According to record data 8 the Northeast corner of the said J.F. Furguson Survey stands 9 about N 72 deg. E 2465.0 feet, more or less. THENCE with the 10 East line of the said 50.51 acre tract, S 18°52' E 1246.96' to an 11 iron pin set; S 18°42' E 351.09' to an iron pin found; S 21°50' E 12 320.42' to an iron pin set; and S 21°48'50" E 2743.22' to a 3 concrete right-of-way monument found. THENCE with the North line 14 of State Highway 29, S 78°26'31" W 1288.84 feet to an iron pin 15 set; S 83°15' W 244.62' to a concrete right-of-way monument found 16 at the beginning of a curve to the right having a radius of 17 1074.84' and a tangent of 141.69 feet, continuing with the arc of 18 the curve 281.75 feet, the chord bears S 85 deg. 57 min. 05 sec. 19 W 280.95 feet to an iron pin found at the Southeast corner of the 20 William Gardiner property described in Vol. 728, Pg. 153. THENCE 21 with the West line of the 101.02 acre Tract II described in Vol. 22 842, Pg. 469, as follows; N 12° 18' W 419.87' to an iron pin set; 23 N 31°22'15" W 892.74 feet to an iron pin found; S 86°33'24" W 79R 6 1 177.85' to an iron pin found; finding iron pins as follows; N 2 03°28'48" W 382.43'; N 03°17' W 1131.12'; N 70050158" E 277.62'; 3 N 72°10' E 403.68' to an iron pin set; and N 17°53'59" W 1592.82' 4 to an iron pin set. THENCE along or near the North line of the 5 J.F. Furguson Survey, N 71°51' E 332.05' to an iron pin set; and 6 N 71°51' E 503.82' to the POINT OF BEGINNING, containing a total 7 of 151.62 acres (6,604,567 total square feet) of land, more or 8 less. 9 SECTION 3. (a)The legal notice of the intention to 10 introduce this Act, setting forth the general substance of this 11 Act, has been published as provided by law, and the notice and a 12 copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished 14 under Section 59, Article XVI, Texas Constitution, and Chapter 15 313, Government Code. 16 (b) The governor, one of the required recipients, has 17 submitted the notice and Act to the Texas Commission on 18 Environmental Quality. 19 (c) The Texas Commission on Environmental Quality has filed 20 its recommendations relating to this Act with the governor, the 21 lieutenant governor, and the speaker of the house of 22 representatives within the required time. 23 (d) All requirements of the constitution and laws of this 79R 7 1 state and the rules and procedures of the legislature with 2 respect to the notice, introduction, and passage of this Act are 3 fulfilled and accomplished. 4 SECTION 4. This Act takes effect September 1, 2005.