Bill Text: TX HB2942 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-09 - Considered in Local & Consent Calendars [HB2942 Detail]
Download: Texas-2011-HB2942-Comm_Sub.html
82R17461 KYF-D | |||
By: Workman | H.B. No. 2942 | ||
Substitute the following for H.B. No. 2942: | |||
By: Price | C.S.H.B. No. 2942 |
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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. 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. 9017.055. 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 | ||
9017.056, 9017.058, 9017.059, 9017.060, 9017.061, or 9017.062, 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. 9017.056. 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. 9017.057. 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. 9017.058. ELECTIONS REGARDING DEFINED AREA TAXES OR | ||
BONDS. (a) The district must hold an election in the defined area | ||
in the manner provided by Section 9017.055 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. 9017.059. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 9017.058, 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. 9017.060. 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 9017.058. | ||
(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. 9017.061. 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. 9017.062. TAXES FOR BONDS. At the time the district | ||
issues bonds under Section 9017.058, the board may provide for the | ||
imposition of a tax to pay the principal of or interest on the | ||
bonds. | ||
Sec. 9017.063. 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. |