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Texas House Bill HB1841

Texas 2009 - 81st Regular

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11 H.B. No. 1841
22
33
44 AN ACT
55 relating to the creation of the XS Ranch Municipal Utility
66 District; providing authority to impose a tax and issue bonds;
77 granting a limited power of eminent domain.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1010 Code, is amended by adding Chapter 8306 to read as follows:
1111 CHAPTER 8306. XS RANCH MUNICIPAL UTILITY DISTRICT
1212 SUBCHAPTER A. GENERAL PROVISIONS
1313 Sec. 8306.001. DEFINITIONS. In this chapter:
1414 (1) "Board" means the district's board of directors.
1515 (2) "Commission" means the Texas Commission on
1616 Environmental Quality.
1717 (3) "Director" means a board member.
1818 (4) "District" means the XS Ranch Municipal Utility
1919 District.
2020 Sec. 8306.002. NATURE OF DISTRICT. The district is a
2121 municipal utility district created under Section 59, Article XVI,
2222 Texas Constitution.
2323 Sec. 8306.003. CONFIRMATION AND DIRECTORS' ELECTION
2424 REQUIRED. The temporary directors shall hold an election to
2525 confirm the creation of the district and to elect five permanent
2626 directors as provided by Section 49.102, Water Code.
2727 Sec. 8306.004. CONSENT OF MUNICIPALITY REQUIRED. The
2828 temporary directors may not hold an election under Section 8306.003
2929 until each municipality in whose corporate limits or
3030 extraterritorial jurisdiction the district is located, including
3131 the City of Bastrop, has consented by ordinance or resolution to the
3232 creation of the district and to the inclusion of land in the
3333 district.
3434 Sec. 8306.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
3535 The district is created to serve a public purpose and benefit.
3636 (b) The district is created to accomplish the purposes of:
3737 (1) a municipal utility district as provided by
3838 general law and Section 59, Article XVI, Texas Constitution; and
3939 (2) Section 52, Article III, Texas Constitution, that
4040 relate to the construction, acquisition, improvement, operation,
4141 or maintenance of macadamized, graveled, or paved roads, or
4242 improvements, including storm drainage, in aid of those roads.
4343 Sec. 8306.006. INITIAL DISTRICT TERRITORY. (a) The
4444 district is initially composed of the territory described by
4545 Section 2 of the Act creating this chapter.
4646 (b) The boundaries and field notes contained in Section 2 of
4747 the Act creating this chapter form a closure. A mistake made in the
4848 field notes or in copying the field notes in the legislative process
4949 does not affect the district's:
5050 (1) organization, existence, or validity;
5151 (2) right to issue any type of bond for the purposes
5252 for which the district is created or to pay the principal of and
5353 interest on a bond;
5454 (3) right to impose a tax; or
5555 (4) legality or operation.
5656 [Sections 8306.007-8306.050 reserved for expansion]
5757 SUBCHAPTER B. BOARD OF DIRECTORS
5858 Sec. 8306.051. GOVERNING BODY; TERMS. (a) The district is
5959 governed by a board of five elected directors.
6060 (b) Except as provided by Section 8306.052, directors serve
6161 staggered four-year terms.
6262 Sec. 8306.052. TEMPORARY DIRECTORS. (a) The temporary
6363 board consists of:
6464 (1) Mark Engels;
6565 (2) Mark Oldemeyer;
6666 (3) James Michael Sulester, Jr.;
6767 (4) William Faust; and
6868 (5) Don Montague.
6969 (b) Temporary directors serve until the earlier of:
7070 (1) the date permanent directors are elected under
7171 Section 8306.003; or
7272 (2) the fourth anniversary of the effective date of
7373 the Act creating this chapter.
7474 (c) If permanent directors have not been elected under
7575 Section 8306.003 and the terms of the temporary directors have
7676 expired, successor temporary directors shall be appointed or
7777 reappointed as provided by Subsection (d) to serve terms that
7878 expire on the earlier of:
7979 (1) the date permanent directors are elected under
8080 Section 8306.003; or
8181 (2) the fourth anniversary of the date of the
8282 appointment or reappointment.
8383 (d) If Subsection (c) applies, the owner or owners of a
8484 majority of the assessed value of the real property in the district
8585 may submit a petition to the commission requesting that the
8686 commission appoint as successor temporary directors the five
8787 persons named in the petition. The commission shall appoint as
8888 successor temporary directors the five persons named in the
8989 petition.
9090 [Sections 8306.053-8306.100 reserved for expansion]
9191 SUBCHAPTER C. POWERS AND DUTIES
9292 Sec. 8306.101. GENERAL POWERS AND DUTIES. The district has
9393 the powers and duties necessary to accomplish the purposes for
9494 which the district is created.
9595 Sec. 8306.102. MUNICIPAL UTILITY DISTRICT POWERS AND
9696 DUTIES. The district has the powers and duties provided by the
9797 general law of this state, including Chapters 49 and 54, Water Code,
9898 applicable to municipal utility districts created under Section 59,
9999 Article XVI, Texas Constitution.
100100 Sec. 8306.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101101 52, Article III, Texas Constitution, the district may design,
102102 acquire, construct, finance, issue bonds for, improve, operate,
103103 maintain, and convey to this state, a county, or a municipality for
104104 operation and maintenance macadamized, graveled, or paved roads, or
105105 improvements, including storm drainage, in aid of those roads.
106106 Sec. 8306.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
107107 project must meet all applicable construction standards, zoning and
108108 subdivision requirements, and regulations of each municipality in
109109 whose corporate limits or extraterritorial jurisdiction the road
110110 project is located.
111111 (b) If a road project is not located in the corporate limits
112112 or extraterritorial jurisdiction of a municipality, the road
113113 project must meet all applicable construction standards,
114114 subdivision requirements, and regulations of each county in which
115115 the road project is located.
116116 (c) If the state will maintain and operate the road, the
117117 Texas Transportation Commission must approve the plans and
118118 specifications of the road project.
119119 Sec. 8306.105. COMPLIANCE WITH MUNICIPAL ORDINANCE OR
120120 RESOLUTION. (a) The district shall comply with all applicable
121121 requirements of any ordinance or resolution that is adopted under
122122 Section 54.016 or 54.0165, Water Code, and that consents to the
123123 creation of the district or to the inclusion of land in the
124124 district.
125125 (b) Land in the district that is located in the City of
126126 Bastrop's extraterritorial jurisdiction is subject to municipal
127127 ordinances applicable to extraterritorial areas, unless the
128128 municipality's governing body waives compliance.
129129 Sec. 8306.106. CONTRACT WITH CERTAIN MUNICIPALITIES
130130 REQUIRED. (a) The district may not exercise the powers and duties
131131 of a municipal utility district under this chapter unless the
132132 district enters into a written contract with any municipality in
133133 whose extraterritorial jurisdiction the district is wholly or
134134 partly located that:
135135 (1) provides for the continuation of the
136136 extraterritorial status of the district or the district's
137137 annexation by the municipality;
138138 (2) ensures that any development in the district
139139 occurs in a manner that furthers the health, safety, and welfare of
140140 the residents of the district; and
141141 (3) includes other terms and consideration that the
142142 municipality determines to be reasonable and appropriate.
143143 (b) A contract under this section may be renewed or extended
144144 for successive periods not to exceed 15 years.
145145 (c) If the district does not enter into a contract under
146146 this section before the later of September 1, 2009, or the 30th day
147147 after the effective date of the Act creating this chapter, the
148148 board, at the board's sole discretion, may adopt an order
149149 dissolving the district if the district has no assets or
150150 obligations. If an order dissolving the district is adopted under
151151 this subsection, an original or certified copy of the order must be
152152 filed with the commission and in the real property records of any
153153 county in which the district is located.
154154 Sec. 8306.107. EFFECT OF CHAPTER ON CITY OF BASTROP.
155155 Nothing in this chapter abrogates, diminishes, or otherwise alters
156156 any rights, powers, privileges, or functions of the City of Bastrop
157157 provided by the general law of this state, including Chapter 42,
158158 Local Government Code, and Chapter 54, Water Code, related to the
159159 creation of special districts in its extraterritorial
160160 jurisdiction.
161161 Sec. 8306.108. LIMITATION ON USE OF EMINENT DOMAIN. The
162162 district may not exercise the power of eminent domain outside the
163163 district to acquire a site or easement for:
164164 (1) a road project authorized by Section 8306.103; or
165165 (2) a recreational facility as defined by Section
166166 49.462, Water Code.
167167 Sec. 8306.109. DIVISION OF DISTRICT. (a) The district may
168168 be divided into two or more new districts only if:
169169 (1) the district has no outstanding bonded debt;
170170 (2) the district is not imposing ad valorem taxes; and
171171 (3) the requirements of Subsection (i) are satisfied.
172172 (b) This chapter applies to any new district created by the
173173 division of the district, and a new district has all the powers and
174174 duties of the district.
175175 (c) Any new district created by the division of the district
176176 may not, at the time the new district is created, contain any land
177177 outside the area described by Section 2 of the Act creating this
178178 chapter.
179179 (d) The board, on its own motion or on receipt of a petition
180180 signed by the owner or owners of a majority of the assessed value of
181181 the real property in the district, may adopt an order dividing the
182182 district.
183183 (e) The board may adopt an order dividing the district
184184 before or after the date the board holds an election under Section
185185 8306.003 to confirm the district's creation.
186186 (f) An order dividing the district shall:
187187 (1) name each new district;
188188 (2) include the metes and bounds description of the
189189 territory of each new district;
190190 (3) appoint temporary directors for each new district;
191191 and
192192 (4) provide for the division of assets and liabilities
193193 between or among the new districts.
194194 (g) On or before the 30th day after the date of adoption of
195195 an order dividing the district, the district shall file the order
196196 with the commission and record the order in the real property
197197 records of each county in which the district is located.
198198 (h) Any new district created by the division of the district
199199 shall hold a confirmation and directors' election as required by
200200 Section 8306.003.
201201 (i) If the district is located wholly or partly in the
202202 corporate limits or the extraterritorial jurisdiction of a
203203 municipality, the district may not divide under this section unless
204204 the municipality by resolution or ordinance first consents to the
205205 division of the district. If the district is not located wholly or
206206 partly in the corporate limits or the extraterritorial jurisdiction
207207 of a municipality, the district may not divide under this section
208208 unless the commissioners court of each county in which the district
209209 is wholly or partly located first adopts a resolution or order in
210210 support of the division of the district.
211211 (j) Any new district created by the division of the district
212212 must hold an election as required by this chapter to obtain voter
213213 approval before the district may impose a maintenance tax or issue
214214 bonds payable wholly or partly from ad valorem taxes.
215215 [Sections 8306.110-8306.150 reserved for expansion]
216216 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
217217 Sec. 8306.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
218218 district may issue, without an election, bonds and other
219219 obligations secured by:
220220 (1) revenue other than ad valorem taxes; or
221221 (2) contract payments described by Section 8306.153.
222222 (b) The district must hold an election in the manner
223223 provided by Chapters 49 and 54, Water Code, to obtain voter approval
224224 before the district may impose an ad valorem tax or issue bonds
225225 payable from ad valorem taxes.
226226 (c) The district may not issue bonds payable from ad valorem
227227 taxes to finance a road project unless the issuance is approved by a
228228 vote of a two-thirds majority of the district voters voting at an
229229 election held for that purpose.
230230 Sec. 8306.152. OPERATION AND MAINTENANCE TAX. (a) If
231231 authorized at an election held under Section 8306.151, the district
232232 may impose an operation and maintenance tax on taxable property in
233233 the district in accordance with Section 49.107, Water Code.
234234 (b) The board shall determine the tax rate. The rate may not
235235 exceed the rate approved at the election.
236236 Sec. 8306.153. CONTRACT TAXES. (a) In accordance with
237237 Section 49.108, Water Code, the district may impose a tax other than
238238 an operation and maintenance tax and use the revenue derived from
239239 the tax to make payments under a contract after the provisions of
240240 the contract have been approved by a majority of the district voters
241241 voting at an election held for that purpose.
242242 (b) A contract approved by the district voters may contain a
243243 provision stating that the contract may be modified or amended by
244244 the board without further voter approval.
245245 [Sections 8306.154-8306.200 reserved for expansion]
246246 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
247247 Sec. 8306.201. AUTHORITY TO ISSUE BONDS AND OTHER
248248 OBLIGATIONS. The district may issue bonds or other obligations
249249 payable wholly or partly from ad valorem taxes, impact fees,
250250 revenue, contract payments, grants, or other district money, or any
251251 combination of those sources, to pay for any authorized district
252252 purpose.
253253 Sec. 8306.202. TAXES FOR BONDS. At the time the district
254254 issues bonds payable wholly or partly from ad valorem taxes, the
255255 board shall provide for the annual imposition of a continuing
256256 direct ad valorem tax, without limit as to rate or amount, while all
257257 or part of the bonds are outstanding as required and in the manner
258258 provided by Sections 54.601 and 54.602, Water Code.
259259 Sec. 8306.203. BONDS FOR ROAD PROJECTS. At the time of
260260 issuance, the total principal amount of bonds or other obligations
261261 issued or incurred to finance road projects and payable from ad
262262 valorem taxes may not exceed one-fourth of the assessed value of the
263263 real property in the district.
264264 SECTION 2. The XS Ranch Municipal Utility District
265265 initially includes all the territory contained in the following
266266 area:
267267 A DESCRIPTION OF 2902.685 ACRES IN THE, THE ISAAC HARRIS SURVEY NO.
268268 2, ABSTRACT NO. 38, THE LEMAN BARKER SURVEY NO. 3, ABSTRACT NO. 6,
269269 THE S.M. WILLIAMS SURVEY NO. 4, ABSTRACT NO. 71, THE JOSIAH
270270 WILBARGER SURVEY NO. 5, ABSTRACT NO. 70, IN BASTROP COUNTY, TEXAS,
271271 CONSISTING OF:
272272 PART OF A 5566.770 ACRE TRACT (TRACT ONE-D), PART OF A 507.061 ACRE
273273 TRACT (TRACT ONE-C), PART OF A 19.149 ACRE TRACT (TRACT FIVE), PART
274274 OF A 54.912 ACRE TRACT (TRACT SIX), PART OF A 92.556 ACRE TRACT
275275 (TRACT SEVEN), PART OF A 160.346 ACRE TRACT (TRACT EIGHT), AND PART
276276 OF A 112.676 ACRE TRACT (TRACT NINE), ALL OF A 2.064 ACRE (TRACT
277277 TWO-A), ALL OF A 6.114 ACRE TRACT (TRACT TWO-B), CONVEYED TO XS
278278 RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN
279279 DATED DECEMBER 19, 2006 AND RECORDED IN DOCUMENT NO. 200619026 OF
280280 THE OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS;
281281 PART OF A 200.00 ACRE TRACT CONVEYED TO XS RANCH FUND VI, L.P. IN A
282282 SPECIAL WARRANTY DEED WITH VENDOR'S LIEN DATED DECEMBER 19, 2006
283283 AND RECORDED IN DOCUMENT NO. 200619025 OF THE OFFICIAL PUBLIC
284284 RECORDS OF BASTROP COUNTY, TEXAS; (THE 200.00 ACRE TRACT LIES
285285 WITHIN THE 5566.770 ACRE TRACT)
286286 PART OF A 758.026 ACRE TRACT AND PART OF A 1164.571 ACRE TRACT
287287 CONVEYED TO XS RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED DATED
288288 JUNE 4, 2007 AND RECORDED IN DOCUMENT NO. 200708067 OF THE OFFICIAL
289289 PUBLIC RECORDS OF BASTROP COUNTY, TEXAS;
290290 PART OF A 885.050 ACRE TRACT CONVEYED TO XS RANCH FUND VI, L.P. IN A
291291 SPECIAL WARRANTY DEED DATED NOVEMBER 9, 2007 AND RECORDED IN
292292 DOCUMENT NO. 200716605 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP
293293 COUNTY, TEXAS;
294294 AND ALL OF A 1.604 ACRE TRACT CONVEYED TO XS RANCH FUND VI, L.P. IN A
295295 SPECIAL WARRANTY DEED DATED DECEMBER 22, 2008 AND RECORDED IN
296296 DOCUMENT NO. 200816524 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP
297297 COUNTY, TEXAS;
298298 EXCLUDING THE PORTION OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY
299299 (100' WIDTH, 5.595 AC.), WITHIN THE HEREIN DESCRIBED TRACT;
300300 SAID 2902.685 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND
301301 BOUNDS AS FOLLOWS:
302302 BEGINNING at a 1/2" rebar found in the west right-of-way line of
303303 State Highway No. 95 (100' right-of-way width), for the
304304 northernmost corner of the 2.064 acre tract;
305305 THENCE South 0445'50" West, with the west right-of-way line of
306306 State Highway No. 95, a distance of 2204.79 feet to a 1/2" iron pipe
307307 found for the southeast corner of the said 6.114 acre tract, being
308308 also the northeast corner of an apparent 100' wide railroad
309309 reservation described in Volume 1387, Page 49 of the Deed Records of
310310 Bastrop County, Texas;
311311 THENCE South 3826'28" West, with the south line of the 6.114 acre
312312 tract and the north line of said railroad strip, crossing the Union
313313 Pacific 100' right-of-way, a distance of 632.19 feet to a
314314 calculated point in the west line of the Union Pacific 100'
315315 right-of-way, being also in the east line of the said 5566.770 acre
316316 tract;
317317 THENCE South 0714'40" West, with the west line of the 100'
318318 right-of-way and the east line of the 5566.770 acre tract, a
319319 distance of 702.55 feet to a 5/8" rebar found for the northeast
320320 corner of a 90.021 acre tract described in Volume 280, Page 26 of
321321 the Deed Records of Bastrop County, Texas, for an angle point in the
322322 east line of the 5566.770 acre tract;
323323 THENCE with the common line of the 5566.770 acre tract and the
324324 90.021 acre tract, the following two (2) courses:
325325 1. South 4159'17" West, a distance of 3559.00 feet to a 1/2"
326326 rebar with cap set;
327327 2. South 4800'02" East, a distance of 1696.00 feet to a 1/2"
328328 rebar with cap set in the west line of a 100.714 acre tract
329329 described in Volume 276, Page 639 of the Deed Records of
330330 Bastrop County, Texas;
331331 THENCE South 4150'22" West with the common line of the 5566.770
332332 acre tract and the 100.714 acre tract, a distance of 2626.45 feet to
333333 a calculated point;
334334 THENCE over and across the 5566.770 acre tract, the following
335335 twenty-three (23) courses:
336336 1. North 6720'47" West, a distance of 1033.52 feet to a
337337 calculated point;
338338 2. South 5902'10" West, a distance of 246.73 feet to a
339339 calculated point;
340340 3. North 5153'33" West, a distance of 1645.53 feet to a
341341 calculated point;
342342 4. North 0348'51" West, a distance of 381.67 feet to a
343343 calculated point;
344344 5. North 5627'50" West, a distance of 840.67 feet to a
345345 calculated point;
346346 6. North 4926'19" East, a distance of 1289.96 feet to a
347347 calculated point;
348348 7. North 1057'15" West, a distance of 534.42 feet to a
349349 calculated point;
350350 8. North 5451'57" East, a distance of 279.40 feet to a
351351 calculated point;
352352 9. South 7444'42" East, a distance of 578.94 feet to a
353353 calculated point;
354354 10. North 8524'00" East, a distance of 738.63 feet to a
355355 calculated point;
356356 11. North 6554'29" East, a distance of 1140.23 feet to a
357357 calculated point;
358358 12. North 2707'17" West, a distance of 389.83 feet to a
359359 calculated point;
360360 13. North 4307'42" East, a distance of 916.04 feet to a
361361 calculated point;
362362 14. North 0723'10" West, a distance of 360.23 feet to a
363363 calculated point;
364364 15. North 2842'49" East, a distance of 1078.89 feet to a
365365 calculated point;
366366 16. North 8711'37" East, a distance of 421.70 feet to a
367367 calculated point;
368368 17. North 1631'05" West, a distance of 1395.30 feet to a
369369 calculated point;
370370 18. With a curve to the right, having a radius of 1600.00
371371 feet, a delta angle of 3522'30", an arc length of 987.86
372372 feet, and a chord which bears South 7505'01" West, a distance
373373 of 972.24 feet to a calculated point;
374374 19. North 8713'44" West, a distance of 714.34 feet to a
375375 calculated point;
376376 20. With a curve to the left, having a radius of 900.00 feet,
377377 a delta angle of 1333'08", an arc length of 212.88 feet, and a
378378 chord which bears South 8559'42" West, a distance of 212.38
379379 feet to a calculated point;
380380 21. South 7913'08" West, a distance of 476.34 feet to a
381381 calculated point;
382382 22. With a curve to the right, having a radius of 700.00
383383 feet, a delta angle of 7316'03", an arc length of 895.13
384384 feet, and a chord which bears North 6408'51" West, a distance
385385 of 835.38 feet to a calculated point;
386386 23. North 2730'49" West, a distance of 466.30 feet to a 1/2"
387387 rebar with cap set for the northeast corner of a 772.304 acre
388388 tract described in Volume 819, Page 733 of the Deed Records of
389389 Bastrop County, Texas;
390390 THENCE, with the common line of the 5566.770 acre tract and the
391391 772.304 acre tract, the following three (3) courses:
392392 1. North 4723'16" West, a distance of 3253.08 feet to a
393393 fence corner post found;
394394 2. South 4409'12" West, a distance of 409.37 feet to a fence
395395 corner post found;
396396 3. North 4644'34" West, a distance of 1200.96 feet to a
397397 fence corner post found;
398398 THENCE over and across the 5566.770 acre tract, the 758.026 acre
399399 tract, and the 160.346 acre tract the following twenty-three (23)
400400 courses:
401401 1. South 6545'02" West, a distance of 660.48 feet to a
402402 calculated point;
403403 2. With a curve to the right, having a radius of 900.00 feet,
404404 a delta angle of 4224'14", an arc length of 666.08 feet, and a
405405 chord which bears South 8657'09" West, a distance of 650.98
406406 feet to a calculated point;
407407 3. North 7150'44" West, a distance of 500.53 feet to a
408408 calculated point;
409409 4. With a curve to the left, having a radius of 1900.00 feet,
410410 a delta angle of 1828'28", an arc length of 612.64 feet, and a
411411 chord which bears North 8104'58" West, a distance of 609.99
412412 feet to a calculated point;
413413 5. South 8940'48" West, a distance of 664.30 feet to a
414414 calculated point;
415415 6. With a curve to the right, having a radius of 1600.00
416416 feet, a delta angle of 3847'12", an arc length of 1083.13
417417 feet, and a chord which bears North 7055'36" West, a distance
418418 of 1062.57 feet to a calculated point;
419419 7. North 5132'00" West, a distance of 641.28 feet to a
420420 calculated point;
421421 8. With a curve to the left, having a radius of 1100.00 feet,
422422 a delta angle of 7420'28", an arc length of 1427.24 feet, and
423423 a chord which bears North 8842'14" West, a distance of
424424 1329.22 feet to a calculated point;
425425 9. South 5407'33" West, a distance of 431.02 feet to a
426426 calculated point;
427427 10. With a curve to the left, having a radius of 900.00 feet,
428428 a delta angle of 5845'19", an arc length of 922.93 feet, and a
429429 chord which bears South 2444'53" West, a distance of 883.01
430430 feet to a calculated point;
431431 11. South 0437'46" East, a distance of 806.43 feet to a
432432 calculated point;
433433 12. With a curve to the right, having a radius of 1100.00
434434 feet, a delta angle of 2921'45", an arc length of 563.72
435435 feet, and a chord which bears South 1003'06" West, a distance
436436 of 557.57 feet to a calculated point;
437437 13. South 2443'59" West, a distance of 380.75 feet to a
438438 calculated point;
439439 14. South 5624'48" East, a distance of 1809.63 feet to a
440440 calculated point;
441441 15. South 0340'04" West, a distance of 1811.55 feet to a
442442 calculated point;
443443 16. North 8256'00" East, a distance of 816.20 feet to a
444444 calculated point;
445445 17. South 2505'01" East, a distance of 428.88 feet to a
446446 calculated point;
447447 18. North 4137'32" East, a distance of 617.85 feet to a
448448 calculated point;
449449 19. South 5550'25" East, a distance of 1176.41 feet to a
450450 calculated point;
451451 20. South 3532'16" West, a distance of 1595.04 feet to a
452452 calculated point;
453453 21. South 2724'37" West, a distance of 492.18 feet to a
454454 calculated point;
455455 22. South 7248'51" West, a distance of 779.06 feet to a
456456 calculated point;
457457 23. South 4115'30" East, a distance of 530.59 feet to a 1/2"
458458 rebar with cap set in a southeast line of the 5566.770 acre
459459 tract, being in the west line of the 772.304 acre tract;
460460 THENCE with said line, the following two (2) courses:
461461 1. South 4053'50" West, a distance of 1367.20 feet to a 1/2"
462462 rebar with cap set;
463463 2. South 4637'37" East, a distance of 483.43 feet to a 5/8"
464464 rebar found for the northwest corner of a 200 acre save and
465465 except tract described in Volume 819, Page 733 of the Deed
466466 Records of Bastrop County, Texas;
467467 THENCE South 3609'41" West, with the west line of the 200 acre tract
468468 and a southeast line of the 5566.770 acre tract, a distance of
469469 1437.09 feet to a calculated point;
470470 THENCE over and across the 5566.770 acre tract, the following nine
471471 (9) courses:
472472 1. North 5350'19" West, a distance of 703.41 feet to a
473473 calculated point;
474474 2. With a curve to the left, having a radius of 1500.00 feet,
475475 a delta angle of 12212'39", an arc length of 3199.47 feet,
476476 and a chord which bears North 8324'25" West, a distance of
477477 2626.53 feet to a calculated point;
478478 3. South 3529'15" West, a distance of 204.11 feet to a
479479 calculated point;
480480 4. With a curve to the right, having a radius of 1700.00
481481 feet, a delta angle of 3713'26", an arc length of 1104.45
482482 feet, and a chord which bears South 5405'58" West, a distance
483483 of 1085.13 feet to a calculated point;
484484 5. South 7242'41" West, a distance of 218.56 feet to a
485485 calculated point;
486486 6. With a curve to the left, having a radius of 500.00 feet,
487487 a delta angle of 6427'29", an arc length of 562.50 feet, and a
488488 chord which bears South 4028'56" West, a distance of 533.31
489489 feet to a calculated point;
490490 7. South 0815'12" West, a distance of 227.20 feet to a
491491 calculated point;
492492 8. With a curve to the right, having a radius of 1150.00
493493 feet, a delta angle of 7643'42", an arc length of 1540.04
494494 feet, and a chord which bears South 4637'03" West, a distance
495495 of 1427.51 feet to a calculated point;
496496 9. South 2929'11" West, a distance of 993.51 feet to a
497497 calculated point in the south line of the 5566.770 acre
498498 tract, being also the gradient boundary for the north bank of
499499 the Colorado River;
500500 THENCE with the south and west lines of the 5566.770 acre tract,
501501 being also the gradient boundary for the north bank and east bank of
502502 the Colorado River, the following seventeen (17) courses:
503503 1. North 6157'52" West, a distance of 178.15 feet to a
504504 calculated point;
505505 2. North 5648'32" West, a distance of 172.52 feet to a
506506 calculated point;
507507 3. North 3412'07" West, a distance of 315.00 feet to a
508508 calculated point;
509509 4. North 1749'08" West, a distance of 194.48 feet to a
510510 calculated point;
511511 5. North 0042'03" West, a distance of 330.38 feet to a
512512 calculated point;
513513 6. North 0551'25" East, a distance of 216.57 feet to a
514514 calculated point;
515515 7. North 3417'46" East, a distance of 328.17 feet to a
516516 calculated point;
517517 8. North 7835'08" East, a distance of 86.26 feet to a
518518 calculated point;
519519 9. North 2528'50" East, a distance of 805.50 feet to a
520520 calculated point;
521521 10. North 1928'15" East, a distance of 922.47 feet to a
522522 calculated point;
523523 11. North 1950'23" East, a distance of 477.86 feet to a
524524 calculated point;
525525 12. North 2115'22" East, a distance of 606.54 feet to a
526526 calculated point;
527527 13. North 2334'42" East, a distance of 654.28 feet to a
528528 calculated point;
529529 14. North 1712'19" East, a distance of 788.35 feet to a
530530 calculated point;
531531 15. North 1603'41" East, a distance of 419.54 feet to a
532532 calculated point;
533533 16. North 2134'10" East, a distance of 234.05 feet to a
534534 calculated point;
535535 17. North 0953'29" East, a distance of 465.10 feet to a
536536 calculated point;
537537 THENCE over and across the 5566.770 acre tract, the 200.00 acre XS
538538 Ranch Fund tract, and the said 92.556 acre tract, the following
539539 thirty-six (36) courses:
540540 1. South 8855'07" East, a distance of 374.38 feet to a
541541 calculated point;
542542 2. South 2424'39" East, a distance of 920.75 feet to a
543543 calculated point;
544544 3. South 7909'15" East, a distance of 1405.31 feet to a
545545 calculated point;
546546 4. North 3748'57" East, a distance of 547.00 feet to a
547547 calculated point;
548548 5. North 7813'54" East, a distance of 790.57 feet to a
549549 calculated point;
550550 6. South 8525'34" East, a distance of 743.88 feet to a
551551 calculated point;
552552 7. North 2505'23" East, a distance of 584.78 feet to a
553553 calculated point;
554554 8. With a curve to the right, having a radius of 3100.00
555555 feet, a delta angle of 4546'39", an arc length of 2476.80
556556 feet, and a chord which bears North 4201'18" West, a distance
557557 of 2411.45 feet to a calculated point;
558558 9. North 1907'58" West, a distance of 656.27 feet to a
559559 calculated point;
560560 10. With a curve to the right, having a radius of 1100.00
561561 feet, a delta angle of 7628'22", an arc length of 1468.17
562562 feet, and a chord which bears North 1906'13" East, a distance
563563 of 1361.60 feet to a calculated point;
564564 11. North 5720'24" East, a distance of 242.50 feet to a
565565 calculated point;
566566 12. North 3730'15" West, a distance of 500.90 feet to a
567567 calculated point;
568568 13. South 5745'27" West, a distance of 478.16 feet to a
569569 calculated point;
570570 14. South 2719'56" West, a distance of 623.35 feet to a
571571 calculated point;
572572 15. South 4259'51" West, a distance of 629.53 feet to a
573573 calculated point;
574574 16. South 7039'55" West, a distance of 375.85 feet to a
575575 calculated point;
576576 17. South 2259'19" West, a distance of 223.04 feet to a
577577 calculated point;
578578 18. South 1747'02" East, a distance of 692.62 feet to a
579579 calculated point;
580580 19. South 3057'50" West, a distance of 290.24 feet to a
581581 calculated point;
582582 20. North 6913'40" West, a distance of 385.96 feet to a
583583 calculated point;
584584 21. North 4036'05" West, a distance of 516.27 feet to a
585585 calculated point;
586586 22. North 1339'40" East, a distance of 922.05 feet to a
587587 calculated point;
588588 23. North 7031'47" East, a distance of 653.33 feet to a
589589 calculated point;
590590 24. North 1806'14" West, a distance of 340.39 feet to a
591591 calculated point;
592592 25. South 6859'25" West, a distance of 919.78 feet to a
593593 calculated point;
594594 26. North 2446'31" West, a distance of 445.42 feet to a
595595 calculated point;
596596 27. North 6326'06" East, a distance of 1168.67 feet to a
597597 calculated point;
598598 28. South 8249'32" East, a distance of 896.76 feet to a
599599 calculated point;
600600 29. North 1402'10" East, a distance of 153.92 feet to a
601601 calculated point;
602602 30. North 6758'22" West, a distance of 879.26 feet to a
603603 calculated point;
604604 31. North 1212'02" West, a distance of 471.06 feet to a
605605 calculated point;
606606 32. North 8714'27" West, a distance of 517.02 feet to a
607607 calculated point;
608608 33. South 0623'14" West, a distance of 838.95 feet to a
609609 calculated point;
610610 34. South 6653'37" West, a distance of 507.35 feet to a
611611 calculated point;
612612 35. North 2222'48" West, a distance of 686.34 feet to a
613613 calculated point;
614614 36. North 5353'58" West, a distance of 1429.66 feet to a
615615 calculated point in the centerline of Wilbarger Creek, being
616616 the southwest line of the 5566.770 acre tract, and the
617617 northeast line of a 120.01 acre tract described in Volume
618618 1023, Page 237 of the Deed Records of Travis County, Texas;
619619 THENCE with the centerline of Wilbarger Creek, being the southwest
620620 line of the 5566.770 acre tract, and the northeast line of the
621621 120.01 acre tract, the following nine (9) courses:
622622 1. North 0603'43" West, a distance of 397.88 feet to a
623623 calculated point;
624624 2. North 6716'36" West, a distance of 108.33 feet to a
625625 calculated point;
626626 3. South 7545'13" West, a distance of 428.01 feet to a
627627 calculated point;
628628 4. North 7909'13" West, a distance of 537.38 feet to a
629629 calculated point;
630630 5. North 5052'06" West, a distance of 392.75 feet to a
631631 calculated point;
632632 6. North 3913'33" West, a distance of 286.04 feet to a
633633 calculated point;
634634 7. North 3723'11" West, a distance of 329.57 feet to a
635635 calculated point;
636636 8. North 4600'34" West, a distance of 289.79 feet to a
637637 calculated point;
638638 9. North 4225'33" West, a distance of 290.86 feet to a
639639 calculated point;
640640 THENCE over and across the 5566.770 acre tract, the 54.912 acre
641641 tract, the 885.050 acre tract, the 19.149 acre tract, the 758.026
642642 acre tract, the 507.061 acre tract, the 112.676 acre tract, and the
643643 1164.571 acre tract, the following forty (40) courses:
644644 1. North 0908'59" East, a distance of 1504.58 feet to a
645645 calculated point;
646646 2. North 7210'52" West, a distance of 1581.36 feet to a
647647 calculated point;
648648 3. North 1749'08" East, a distance of 445.94 feet to a
649649 calculated point;
650650 4. North 4707'16" East, a distance of 498.98 feet to a
651651 calculated point;
652652 5. North 3702'18" West, a distance of 1145.83 feet to a
653653 calculated point;
654654 6. North 1511'43" East, a distance of 470.98 feet to a
655655 calculated point;
656656 7. North 9000'00" East, a distance of 230.06 feet to a
657657 calculated point;
658658 8. South 3057'50" East, a distance of 752.54 feet to a
659659 calculated point;
660660 9. South 8850'34" East, a distance of 555.63 feet to a
661661 calculated point;
662662 10. South 1036'04" East, a distance of 1067.53 feet to a
663663 calculated point;
664664 11. South 2224'35" West, a distance of 608.05 feet to a
665665 calculated point;
666666 12. South 7210'52" East, a distance of 518.87 feet to a
667667 calculated point;
668668 13. North 1955'06" East, a distance of 778.72 feet to a
669669 calculated point;
670670 14. North 8846'47" East, a distance of 377.41 feet to a
671671 calculated point;
672672 15. South 3705'34" East, a distance of 822.20 feet to a
673673 calculated point;
674674 16. South 1134'03" West, a distance of 1499.22 feet to a
675675 calculated point;
676676 17. South 5811'35" East, a distance of 2102.28 feet to a
677677 calculated point;
678678 18. North 3516'52" East, a distance of 1115.32 feet to a
679679 calculated point;
680680 19. South 5736'43" East, a distance of 1363.00 feet to a
681681 calculated point;
682682 20. North 7133'54" East, a distance of 1095.63 feet to a
683683 calculated point;
684684 21. With a curve to the left, having a radius of 850.00 feet,
685685 a delta angle of 3617'42", an arc length of 538.45 feet, and a
686686 chord which bears North 5325'03" East, a distance of 529.49
687687 feet to a calculated point;
688688 22. North 3516'12" East, a distance of 522.93 feet to a
689689 calculated point;
690690 23. With a curve to the right, having a radius of 650.00
691691 feet, a delta angle of 4322'31", an arc length of 492.08
692692 feet, and a chord which bears North 5657'27" East, a distance
693693 of 480.41 feet to a calculated point;
694694 24. With a curve to the left, having a radius of 850.00 feet,
695695 a delta angle of 4559'56", an arc length of 682.41 feet, and a
696696 chord which bears North 5538'44" East, a distance of 664.23
697697 feet to a calculated point;
698698 25. With a curve to the right, having a radius of 650.00
699699 feet, a delta angle of 1553'36", an arc length of 180.30
700700 feet, and a chord which bears North 4035'34" East, a distance
701701 of 179.73 feet to a calculated point;
702702 26. North 4832'22" East, a distance of 243.99 feet to a
703703 calculated point;
704704 27. South 8753'37" East, a distance of 705.41 feet to a
705705 calculated point;
706706 28. North 4045'57" East, a distance of 2136.64 feet to a
707707 calculated point;
708708 29. With a curve to the left, having a radius of 1900.00
709709 feet, a delta angle of 2214'16", an arc length of 737.44
710710 feet, and a chord which bears North 2938'49" East, a distance
711711 of 732.82 feet to a calculated point;
712712 30. With a curve to the right, having a radius of 1600.00
713713 feet, a delta angle of 1212'03", an arc length of 340.71
714714 feet, and a chord which bears North 2437'42" East, a distance
715715 of 340.07 feet to a calculated point;
716716 31. North 6206'07" West, a distance of 218.71 feet to a
717717 calculated point;
718718 32. North 7922'49" West, a distance of 1163.84 feet to a
719719 calculated point;
720720 33. North 5201'42" West, a distance of 606.47 feet to a
721721 calculated point;
722722 34. North 2558'28" West, a distance of 1517.59 feet to a
723723 calculated point;
724724 35. North 6515'38" West, a distance of 1309.58 feet to a
725725 calculated point;
726726 36. North 3631'44" West, a distance of 651.51 feet to a
727727 calculated point;
728728 37. North 0731'14" West, a distance of 1224.45 feet to a
729729 calculated point;
730730 38. North 3233'00" West, a distance of 946.65 feet to a
731731 calculated point;
732732 39. North 6127'44" East, a distance of 1606.89 feet to a
733733 calculated point;
734734 40. South 4743'25" East, a distance of 806.32 feet to a 5/8"
735735 rebar found in a westerly line of the 1164.571 acre tract, for
736736 the southwest corner of a 408.48 acre tract described in
737737 Volume 1564, Page 319 and Volume 248, Page 498 of the Deed
738738 Records of Bastrop County, Texas;
739739 THENCE South 4743'25" East, with the south line of the 408.48 acre
740740 tract and a northeasterly line of the 1164.571 acre tract, a
741741 distance of 1928.39 feet to a calculated point;
742742 THENCE over and across the 1164.571 acre tract and the 507.061 acre
743743 tract, the following three (3) courses:
744744 1. South 3842'49" West, a distance of 493.11 feet to a
745745 calculated point;
746746 2. South 4627'01" East, a distance of 1528.76 feet to a
747747 calculated point;
748748 3. South 8128'08" East, a distance of 962.75 feet to a
749749 calculated point in the north line of the 507.061 acre tract,
750750 being the south line of the 408.48 acre tract;
751751 THENCE South 4819'36" East, with the north line of the 507.061 acre
752752 tract, being the south line of the 408.48 acre tract, a distance of
753753 781.94 feet to a 1/2" rebar with cap set for an angle point in said
754754 line;
755755 THENCE over and across the 507.061 acre tract, the 160.346 acre
756756 tract, and the 5566.770 acre tract, and the 100' Union Pacific
757757 Railroad right-of-way, the following twenty-one (21) courses:
758758 1. South 1134'55" East, a distance of 515.81 feet to a
759759 calculated point;
760760 2. South 5207'30" East, a distance of 512.21 feet to a
761761 calculated point;
762762 3. South 2549'14" West, a distance of 1563.95 feet to a
763763 calculated point;
764764 4. South 0208'03" West, a distance of 752.59 feet to a
765765 calculated point;
766766 5. South 1810'41" West, a distance of 924.32 feet to a
767767 calculated point;
768768 6. South 2340'42" East, a distance of 1281.46 feet to a
769769 calculated point;
770770 7. South 1504'07" West, a distance of 604.81 feet to a
771771 calculated point;
772772 8. South 3358'48" East, a distance of 1016.87 feet to a
773773 calculated point;
774774 9. South 7654'29" East, a distance of 794.08 feet to a
775775 calculated point;
776776 10. North 2605'59" East, a distance of 1877.13 feet to a
777777 calculated point;
778778 11. North 5817'55" East, a distance of 448.82 feet to a
779779 calculated point;
780780 12. South 7324'46" East, a distance of 1652.34 feet to a
781781 calculated point;
782782 13. South 6201'14" East, a distance of 3502.95 feet to a
783783 calculated point;
784784 14. South 4306'43" East, a distance of 1021.63 feet to a
785785 calculated point;
786786 15. South 8902'43" East, a distance of 1421.13 feet to a
787787 calculated point;
788788 16. North 7617'35" East, a distance of 499.72 feet to a
789789 calculated point;
790790 17. South 8625'25" East, a distance of 949.14 feet to a
791791 calculated point;
792792 18. South 5727'00" East, a distance of 330.12 feet to a
793793 calculated point;
794794 19. South 3045'46" East, a distance of 289.38 feet to a
795795 calculated point;
796796 20. South 0658'52" West, a distance of 584.55 feet to a
797797 calculated point;
798798 21. South 8247'11" East, a distance of 661.94 feet to a 1/2"
799799 rebar with cap set in the east line of the 100' Union Pacific
800800 Railroad right-of-way, being also in the west line of the
801801 2.064 acre tract;
802802 THENCE with the east line of the 100' Union Pacific Railroad
803803 right-of-way, being also the west line of the 2.064 acre tract, with
804804 a curve to the left, having a radius of 1482.37 feet, a delta angle
805805 of 0116'18", an arc length of 32.90 feet, and a chord which bears
806806 North 0636'10" East, a distance of 32.90 feet to a 1/2" rebar with
807807 cap set for the northwest corner of the 2.064 acre tract;
808808 THENCE North 4201'01" East, with the north line of the 2.064 acre
809809 tract, a distance of 232.14 feet to the POINT OF BEGINNING,
810810 containing 2908.28 acres of land, gross acreage, save and except
811811 5.595 acres within the Union Pacific Railroad right-of-way, for a
812812 net acreage of 2902.685 acres more or less.
813813 SECTION 3. (a) The legal notice of the intention to
814814 introduce this Act, setting forth the general substance of this
815815 Act, has been published as provided by law, and the notice and a
816816 copy of this Act have been furnished to all persons, agencies,
817817 officials, or entities to which they are required to be furnished
818818 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
819819 Government Code.
820820 (b) The governor, one of the required recipients, has
821821 submitted the notice and Act to the Texas Commission on
822822 Environmental Quality.
823823 (c) The Texas Commission on Environmental Quality has filed
824824 its recommendations relating to this Act with the governor, the
825825 lieutenant governor, and the speaker of the house of
826826 representatives within the required time.
827827 (d) All requirements of the constitution and laws of this
828828 state and the rules and procedures of the legislature with respect
829829 to the notice, introduction, and passage of this Act are fulfilled
830830 and accomplished.
831831 SECTION 4. This Act takes effect immediately if it receives
832832 a vote of two-thirds of all the members elected to each house, as
833833 provided by Section 39, Article III, Texas Constitution. If this
834834 Act does not receive the vote necessary for immediate effect, this
835835 Act takes effect September 1, 2009.
836836 ______________________________ ______________________________
837837 President of the Senate Speaker of the House
838838 I certify that H.B. No. 1841 was passed by the House on May
839839 12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
840840 voting; and that the House concurred in Senate amendments to H.B.
841841 No. 1841 on May 29, 2009, by the following vote: Yeas 146, Nays 0,
842842 1 present, not voting.
843843 ______________________________
844844 Chief Clerk of the House
845845 I certify that H.B. No. 1841 was passed by the Senate, with
846846 amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
847847 0.
848848 ______________________________
849849 Secretary of the Senate
850850 APPROVED: __________________
851851 Date
852852 __________________
853853 Governor