AGENDA ITEM 19 Hold public hearing for the creation of Williamson County Water Control & Improvement District No.3. Richard L. Hamala, a Pflugerville attorney, addressed the Court. No action taken. AGENDA ITEM 20 Consider approving the creation of Williamson County Water Control & Improvement District No.3. Richard L. Hamala, a Pflugerville attorney, addressed the Court. Moved: Commissioner Birkman Seconded: Commissioner Boatright Motion: To approve the creation of Williamson County Water Control & Improvement District No.3. Vote: 3-0 Commissioner Limmer abstained from the vote {Conflict of Interest Affidavit attached}. < Attachment>
THE STATE OF TEXAS COUNTY OF WILLIAMSON I. P:;;JI~ i tla..'w---e ~ (name) as a member of the Williamson County Commissioners' Court make this affidavit and hereby on oath state the following: I have a substantial interest in a business entity or real property that may receive a special economic effect that is distinguishable from the effect on the public by a vote or decision of the Williamson County Commissioners' Court as those terms are defined in Chapter 171 of the Local Government Code. The business entity or real property is: c.(2.. (navle m:d.addr'1ss ofbusin'ess and/or descrij)!ion of property) ;. pb I fa-atror/ ~ <I s?6.5:7c;..... r ("]") qlw'" J)Cdf-"uf'{- 6lut)eC u) ; tf, Ih 'f.--!u. b6~art~ oft& dlsftlj or name of relative and relationship (tv c-/j):# ~ / (have/has) a substantial interest in this business entity or real property for the following reasons (circle all which are applicable): @theinterest is ownership of 10% or more of the voting stock or shares of the business ~ntlty; &:he interest is ownership of 10% or $5,000 or more of the fair market value of the business entity; (3) funds received from the business entity exceed lo% of (my/his/her) income for the previous year; (4) real property is involved and (I1he/she) (havelhas) an equitable or legal ownership with a fair market value of at least $2,500. Upon the filing of this affidavit with the official recordkeeper for the County,] affirm that] shall abstain from any discussion, vote, or decision involving this business entity or real property and from any further participation in this matter whatsoever. Signed this '1tf. day of--l!-f-lj"4-20~. DOIlOTHY A. FISCH~R Nola", Public. State Te... My Commission Expires JanuQlY 28. 2007 BEFORE ME. the undersigned authority, this day personally appeared F RArhq" L.f ryi. M. t. R. (name of affiant) and by oath stated that the facts hereinabove stated are true and correct to the best of (his/her) knowledge or belief. Sworn to and subscribed before me on this q ~ day of IY\ A'1,20 0 (, Q. CERTIFIED TO BE A TRUE AND CORRECT COPY Notary Publi. and for the State of Texas h\ NANCY E.RISTER, CounlyClork My commission expires: J -.2. 'r- 0 7 i~williamson County.l Pego J, of /0
TIEMANN, SHAHADY & HAMALA, P.e. TELEPHONE (512) 251-8510 POST OFFICE Box 1190 PFLUGERVILLE, TEXAS 78691-1190 FACSIMILE (512) 251-8540 www.tiemannjaw.com May 3, 2006 Honorable John C. Doerfler Williamson County Judge 301 S_E. Inner Loop, Suite 109 Georgetown, TX 78626-6339 Re: Commissioners Court Meeting on May 9, 2006 Hearing on Petition for Creation of Williamson County WCID No.3 Dear Judge Doerfler: Enclosed are copies of the Constable's Returns for posting and publishing the Notice of Hearing for the hearing that was ordered to be held on May 9, 2006, regarding the Petition for Creation of Williamson County Water Control and Improvement District No.3. Also enclosed is copy of the publisher's affidavit stating that the Notice of Hearing was published in the Williamson County Sun on April 12 and 19,2006. I have enclosed a proposed order granting the petition for your consideration. The proposed order includes the names of the following five persons who are proposed for appointment as temporary directors of the District: Darrell Malish Gilbert Repa Gregory W. Thompson Karen Bradley Rusty Burns I have also enclosed maps showing the boundaries and location of the proposed district. Thank you for your assistance with this matter. Please call me at 512-251-1920 if you have any questions regarding these documents. Sincerely, Richard Hamala cc: Mr. Dale Rye
AN ORDER GRANTING THE PETITION FOR CREATION OF WILLIAMSON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO.3 AND APPOINTING TEMPORARY DIRECTORS THE STATE OF TEXAS COUNTY OF WILLIAMSON WHEREAS, a petition by The Frankie and Judy Limmer Family Limited Partnership, Bobby Limmer, Carole Limmer, Bradley Limmer, Todd Routh, and Oak Stump, LLC ("Petitioners") was filed with the County Clerk of Williamson County, Texas, was recorded in Document No. 2006020828, Official Public Records, Williamson County, Texas, and was presented to the Williamson County Commissioners Court (hereafter "Commissioners Court") for approval of the creation of Williamson County Water Control and Improvement District No. 3 (hereafter "District") pursuant to Article XVI, Section 59 of the Texas Constitution and TEX. WATER CODE, Chapters 49 and 51. The Commissioners Court held a hearing on the petition on May 9, 2006. WHEREAS, the Commissioners Court has jurisdiction to hear and determine this petition for creation of a single-county district pursuant to the authority of Section 51.016 of the Texas Water Code, and the following Findings of Fact and Conclusions of Law are appropriate after examining the petition and supporting documentation: FINDINGS OF FACT I. On March 17,2006, a petition for the creation of Williamson County Water Control and Improvement District No.3 was filed with the County Clerk of Williamson County, Texas pursuant to Texas Water Code, Chapter 51. a. The petition for creation of the proposed District was signed by the individuals and duly authorized officers of the Petitioners. The petition represents that the Petitioners hold a majority in value of title to the land to be included within the proposed District's boundaries in accordance with Texas Water Code 51.013. b. The application contains the matters required by Texas Water Code 51.014. c. By the petition, the Petitioners represent that there is one lienholder on the land in the proposed District, who consented by joinder to the petition. 2. Proper notice of the hearing on the petition was given pursuant to Texas Water Code 51.018. a. Proper notice of the petition was published on April 12 and April 19, 2006 in the Williamson County Sun, a newspaper regularly published and generally Order Granting Petition
circulated in Williamson County County, Texas, which is the county in which the proposed District is to be located. b. On April 7, 2006, proper notice of the application was posted on the bulletin board used for posting legal notices in Williamson County, Texas, which is the county in which the proposed District is to be located. 3. The entire proposed District will not be located within the corporate limits or extraterritorial jurisdiction of any other city, town or village of the State of Texas. 4. The organization of the district as requested is feasible and practicable. 5. There is an ample supply of water available, and the terrain of the area to be included in the proposed District is such that a waterworks system, a drainage system and parks and recreational facilities can be constructed or acquired at reasonable cost. The projected cost for the project is reasonable at approximately $7,000,000. 6. There is a public necessity for the creation of the proposed District as set out in the petition and the proposed District would be a benefit to the land to be included in the proposed District and to the future residents of the proposed District. 7. The creation ofthe proposed District would further the public welfare. 8. The proposed temporary directors are: Darrell Malish Gilbert Repa Gregory W. Thompson CONCLUSIONS Karen Bradley Rusty Bums OF LAW I. The Commissioners Court has jurisdiction to consider this petition and is authorized to make and enter its Findings of Fact, Conclusions of Law, and Orders with respect to the creation of the proposed District. 2. All of the land and property proposed may properly be included within the proposed District. 3. All statutory requirements for creation of Williamson County Water Control and Improvement District No.3 have been fulfilled in accordance with Texas Water Code 51.021. Order Granting Petition 2
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF WILLIAMSON COUNTY, TEXAS THAT: 1. The petition for the creation of Williamson County Water Control and Improvement District No.3 is hereby granted. 2. The District is created under the terms and conditions of Article XVII, Section 59 of the Texas Constitution and Texas Water Code, Chapter 51. 3. The District shall have all of the rights, powers, privileges, authority, and functions conferred and shall be subject to all duties imposed by the Texas Commission on Environmental Quality and the general laws of the State of Texas relating to water control and improvement districts. 4. The District shall be composed of the area situated wholly within Will,iamson County, Texas, described by metes and bounds in Exhibit 'A", attached hereto and incorporated herein for all purposes. 5. Subject to complying with the qualifications and requirements of Texas Water Code 49.052 and 51.072, the following persons are hereby named and appointed as temporary directors of the District, to serve until their successors are elected or have been appointed in accordance with applicable law: Darrell Malish Gilbert Repa Gregory W. Thompson Karen Bradley Rusty Bums 6. The foregoing temporary directors shall, as soon as practicable after the date of entry of this Order, execute their official bonds and take their official oaths of office. All such bonds and oaths shall be approved and filed in accordance with applicable law. 7. If any provision, sentence, clause or phrase of this Order is for any reason held to be invalid. the invalidity of any portion shall not affect the validity of the remaining portions of the Order.. ~ II C' C\.. '.c-h""-.. ~A J Doerfler } illiamson County Judge Order Granting Petition 3
County: Project: Project No. Williamson 220 Acre P060201 FIELD NOTES FOR 220.36 ACRE TRACT BEING 220.36 ACRES OF LAND LOCATED IN THE WILLIAM ASHWORTH SURVEY, ABSTRACT NUMBER 24 IN WILLIAMSON COUNTY, TEXAS, AND BEING COMPRISED OF A CALLED 100.08 ACRE TRACT OF LAND RECORDED IN THE NAME OF OAK STUMP, L.L.C., IN DOCUMENT NUMBER 2003094213 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY (O.P.R.W.C.); A CALLED 65.83 ACRE TRACT OF LAND RECORDED IN THE NAMES OF BOBBY, CAROL, & BRADLEY LIMMER IN DOCUMENT NUMBER 2003099711 OF THE O.P.R.W.C.; AND THE REMAINDER PORTION OF A CALLED 65.233 ACRE TRACT OF LAND RCORDED IN THE NAME OF THE FRANKIE & JUDY LIMMER FAMILY LIMITED PARTNERSHIP IN DOCUMENT NUMBER 2000070241 OF THE O.P.R.W.C., AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; (bearings are based on the southerly line of said 100.08 acre tract, being South 71 degrees 49 minutes 18 seconds West), BEGINNING at an iron rod found for the southeasterly corner of said 100.08 acre tract, said iron rod being the northeasterly corner of a called 433.04 acre tract of land recorded in the name of Edwin & Larry Kotrla in Document Number 2003027071 of the O.P.R.W.C., also being on the westerly Right-of-Way (R.OW.) line of C.R. 366 (50' R.OW.); Thence, with the common line between said 100.08 acre tract and said 433.04 acre tract the following eight (8) courses and distances; 1. South 71 degrees 49 minutes 18 seconds West, a distance of 3,156.41 feet to an iron rod 2. South 40 degrees 00 minutes 58 seconds West, a distance of 340.33 feet to an iron rod 3. South 9 degrees 20 minutes 34 seconds West, a distance of 702.26 feet to an iron rod 4. North 70 degrees 52 minutes 48 seconds West, a distance of 514.61 feet to an iron rod 5. North 17 degrees 18 minutes 57 seconds West, a distance of 420.56 feet to an iron rod 6. South 76 degrees 34 minutes 19 seconds West, a distance of 636.36 feet to an iron rod EXHIBIT A
7. North 42 degrees 19 minutes 40 seconds West, a distance of 507.69 feet to an iron rod 8. North 00 degrees 14 minutes 53 seconds East, a distance of 621.63 feet to an iron rod found for the most westerly northwest corner of said 100.08 acre tract, said iron rod being an interior corner of said 433.04 acre tract, also being on the southerly line of a called 108.91 acre tract of land recorded in the name of David L. Kelley Asset Liquidating Trust in Document Number 2000028945 of the O.P.RW.C.; Thence, with the northerly line of said 100.08 acre tract and the southerly line of said 108.91 acre tract, North 70 degrees 10 minutes 19 seconds East, passing at a distance of 384.13 feet the calculated southeasterly corner of said 108.91 acre tract, said point being the southwesterly corner of a called 211.16 acre tract of land recorded in the name of Claire C. Mashburn in Volume 563, Page 68 of the Williamson County Deed Records (W.C.D.R.), in all a distance of 2,250.38 feet to an iron rod found for an interior corner of said 100.08 acre tract, said iron rod being the southeasterly corner of said 211.16 acre tract, also being on the westerly line of aforesaid 65.83 acre tract;,.," :', Thence, with the westerly line of said 65.83 acre tract and the easterly line of said 211.16 acre tract, North 20 degrees 11 minutes 57 seconds West, a distance of 520.25 feet to an iron rod found for the northwesterly corner of said 65.83 acre tract, said iron rod being the southwesterly corner of aforesaid 65.233 acre remainder tract; Thence, with the westerly line of said 65.233 acre remainder tract and the easterly line of said 211.16 acre tract, North 18 degrees 48 minutes 43 seconds West, a distance of 1,428.98 feet to a calculated point in the centerline of the San Gabriel River, said point being the northwesterly corner of said 65.233 acre remainder tract; Thence, with the northerly line of said 65.233 acre remainder tract, generally following the centerline of the San Gabriel River, the following ten (10) courses and distances; 1. North 54 degrees 24 minutes 02 seconds East, a distance of 24.56 feet to a calculated 2. North 56 degrees 51 minutes 39 seconds East, a distance of 213.62 feet to a calculated 3. North 58 degrees 32 minutes 32 seconds East, a distance of 231.94 feet to a calculated 4. North 50 degrees 08 minutes 47 seconds East, a distance of 127.32 feet to a calculated 5. North 71 degrees 38 minutes 42 seconds East, a distance of 288.61 feet to a calculated 6. South 83 degrees 10 minutes 47 seconds East, a distance of 143.34 feet to a calculated 7. South 72 degrees 38 minutes 00 seconds East, a distance of 156.25 feet to a calculated 8. South 88 degrees 57 minutes 48 seconds East, a distance of 189.33 feet to a calculated 9. North 64 degrees 55 minutes 06 seconds East, a distance of 365.36 feet to a calculated
10. North 62 degrees 37 minutes 41 seconds East, a distance of 99.56 feet to a calculated point for the northeasterly corner of said 65.233 acre remainder tract, said point being on the westerly RO.W. line of said C.R 366; Thence, with the easterly line of said 65.233 acre remainder tract and the westerly RO.W. C.R. 366 the following four (4) courses and distances; line of 1. South 24 degrees 57 minutes 35 seconds East, a distance of 341.49 feet to a calculated 2. South 28 degrees 31 minutes 13 seconds East, a distance of 78.90 feet to a calculated 3. South 33 degrees 05 minutes 53 seconds East, a distance of 113.12 feet to a calculated 4. South 38 degrees 18 minutes 52 seconds East, a distance of 88.57 feet to an iron rod found for the northeasterly corner of a called 10.872 acre tract of l'!fid recorded in the names of Harry & Laura Zeplin in Document Number 2004075682 of the O.P.R.W.C.; Thence, with the northerly line of said 10.872 acre tract, South 84 degrees 06 minutes 22 seconds West, a distance of 495.10 feet to an iron rod found for the northwesterly corner of said 10.872 acre tract; Thence, with the westerly tine of said 10.872 acre tract, South 18 degrees' 32 minutes 32 seconds East, a distance of 755.13 feet to an iron rod found for the southwesterly corner of said 10.872 acre tract; Thence, with the southerly line of said 10.872 acre tract, North 71 degrees 27 minutes 30 seconds East, a distance of 950.00 feet to an iron rod found for the southeasterly corner of said 10.872 acre tract, said point being a corner of said 65.233 acre remainder tract, also being on the westerly R.O.w. line of C.R 366; Thence, with the easterly line of said 65.233 acre remainder tract and the westerly RO.W. line of C.R 366, South 58 degrees 32 minutes 24 seconds East, a distance of 49.12 feet to an iron rod found for the southeasterly corner of said 65.233 acre remainder tract, said iron rod being the northeasterly corner of aforesaid 65.83 acre tract; Thence, with the easterly line of said 65.836 acre tract and the westerly ROW.Iine of C.R. 366 the following two (2) courses and distances; 1. 656.80 feet along the arc of a curve to the right, said curve having a central angle of 36 degrees 56 minutes 09 seconds, a radius of 1,018.84 feet, and a chord that bears South 36 degrees 54 minutes 06 seconds East, a distance of 645.48 feet to an iron rod 2. South 19 degrees 12 minutes 42 seconds East, a distance of 5.63 feet to an iron rod found for the easterly southeast corner of said 65.83 acre tract, said iron rod being the northeasterly corner of aforesaid 100.08 acre tract;
Thence, with the easterly line of said 100.08 acre tract and the westerly R.O.W. line of C.R. 366, the following two (2) courses and distances; 1. South 19 degrees 20 minutes 31 seconds East, a distance of 347.94 feet to a concrete monument 2. South 19 degrees 04 minutes 51 seconds East, a distance of 804.22 feet to the POINT OF BEGINNING and containing 220.36 acres of land, more or less., i ara Land Surveying, Inc. Alan J. orton Registered Professional Land Surveyor No. 5768 Date: February 13, 2006 VARA LAND SURVEYING, Ph: (512) 836-2622 February 13. 2006 Lim-taylor. doc INC.
AGENDA ITEM 21 Consider approving Resolution #2006-19R to authorize the execution of the inter-local agreement with the City of Hutto for the development of a regional soccer field complex. Mike Hemker, Hutto Parks and Recreation Director, addressed the Court. Moved: Commissioner Limmer Seconded: Commissioner Birkman Motion: To approve Resolution #2006-19R to authorize the execution of the inter-local agreement with the City of Hutto for the development of a regional soccer field complex. Vote: 4-0 < Attachment>