H.B. No. 1841
AN ACT
relating to the creation of the XS Ranch Municipal Utility
District; providing authority to impose a tax and issue bonds;
granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8306 to read as follows:
CHAPTER 8306. XS RANCH MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8306.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the XS Ranch Municipal Utility
District.
Sec. 8306.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8306.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8306.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8306.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located, including
the City of Bastrop, has consented by ordinance or resolution to the
creation of the district and to the inclusion of land in the
district.
Sec. 8306.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility 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. 8306.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 8306.007-8306.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8306.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8306.052, directors serve
staggered four-year terms.
Sec. 8306.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Mark Engels;
(2) Mark Oldemeyer;
(3) James Michael Sulester, Jr.;
(4) William Faust; and
(5) Don Montague.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8306.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8306.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8306.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
[Sections 8306.053-8306.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8306.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8306.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8306.103. AUTHORITY FOR ROAD PROJECTS. 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.
Sec. 8306.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction 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. 8306.105. COMPLIANCE WITH MUNICIPAL ORDINANCE OR
RESOLUTION. (a) The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
(b) Land in the district that is located in the City of
Bastrop's extraterritorial jurisdiction is subject to municipal
ordinances applicable to extraterritorial areas, unless the
municipality's governing body waives compliance.
Sec. 8306.106. CONTRACT WITH CERTAIN MUNICIPALITIES
REQUIRED. (a) The district may not exercise the powers and duties
of a municipal utility district under this chapter unless the
district enters into a written contract with any municipality in
whose extraterritorial jurisdiction the district is wholly or
partly located that:
(1) provides for the continuation of the
extraterritorial status of the district or the district's
annexation by the municipality;
(2) ensures that any development in the district
occurs in a manner that furthers the health, safety, and welfare of
the residents of the district; and
(3) includes other terms and consideration that the
municipality determines to be reasonable and appropriate.
(b) A contract under this section may be renewed or extended
for successive periods not to exceed 15 years.
(c) If the district does not enter into a contract under
this section before the later of September 1, 2009, or the 30th day
after the effective date of the Act creating this chapter, the
board, at the board's sole discretion, may adopt an order
dissolving the district if the district has no assets or
obligations. If an order dissolving the district is adopted under
this subsection, an original or certified copy of the order must be
filed with the commission and in the real property records of any
county in which the district is located.
Sec. 8306.107. EFFECT OF CHAPTER ON CITY OF BASTROP.
Nothing in this chapter abrogates, diminishes, or otherwise alters
any rights, powers, privileges, or functions of the City of Bastrop
provided by the general law of this state, including Chapter 42,
Local Government Code, and Chapter 54, Water Code, related to the
creation of special districts in its extraterritorial
jurisdiction.
Sec. 8306.108. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8306.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
Sec. 8306.109. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if:
(1) the district has no outstanding bonded debt;
(2) the district is not imposing ad valorem taxes; and
(3) the requirements of Subsection (i) are satisfied.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8306.003 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8306.003.
(i) If the district is located wholly or partly in the
corporate limits or the extraterritorial jurisdiction of a
municipality, the district may not divide under this section unless
the municipality by resolution or ordinance first consents to the
division of the district. If the district is not located wholly or
partly in the corporate limits or the extraterritorial jurisdiction
of a municipality, the district may not divide under this section
unless the commissioners court of each county in which the district
is wholly or partly located first adopts a resolution or order in
support of the division of the district.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
[Sections 8306.110-8306.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8306.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8306.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8306.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8306.151, the district
may impose an operation and maintenance tax on taxable property in
the district 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. 8306.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax 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 district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 8306.154-8306.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8306.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8306.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8306.203. 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 and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The XS Ranch Municipal Utility District
initially includes all the territory contained in the following
area:
A DESCRIPTION OF 2902.685 ACRES IN THE, THE ISAAC HARRIS SURVEY NO.
2, ABSTRACT NO. 38, THE LEMAN BARKER SURVEY NO. 3, ABSTRACT NO. 6,
THE S.M. WILLIAMS SURVEY NO. 4, ABSTRACT NO. 71, THE JOSIAH
WILBARGER SURVEY NO. 5, ABSTRACT NO. 70, IN BASTROP COUNTY, TEXAS,
CONSISTING OF:
PART OF A 5566.770 ACRE TRACT (TRACT ONE-D), PART OF A 507.061 ACRE
TRACT (TRACT ONE-C), PART OF A 19.149 ACRE TRACT (TRACT FIVE), PART
OF A 54.912 ACRE TRACT (TRACT SIX), PART OF A 92.556 ACRE TRACT
(TRACT SEVEN), PART OF A 160.346 ACRE TRACT (TRACT EIGHT), AND PART
OF A 112.676 ACRE TRACT (TRACT NINE), ALL OF A 2.064 ACRE (TRACT
TWO-A), ALL OF A 6.114 ACRE TRACT (TRACT TWO-B), CONVEYED TO XS
RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN
DATED DECEMBER 19, 2006 AND RECORDED IN DOCUMENT NO. 200619026 OF
THE OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS;
PART OF A 200.00 ACRE TRACT CONVEYED TO XS RANCH FUND VI, L.P. IN A
SPECIAL WARRANTY DEED WITH VENDOR'S LIEN DATED DECEMBER 19, 2006
AND RECORDED IN DOCUMENT NO. 200619025 OF THE OFFICIAL PUBLIC
RECORDS OF BASTROP COUNTY, TEXAS; (THE 200.00 ACRE TRACT LIES
WITHIN THE 5566.770 ACRE TRACT)
PART OF A 758.026 ACRE TRACT AND PART OF A 1164.571 ACRE TRACT
CONVEYED TO XS RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED DATED
JUNE 4, 2007 AND RECORDED IN DOCUMENT NO. 200708067 OF THE OFFICIAL
PUBLIC RECORDS OF BASTROP COUNTY, TEXAS;
PART OF A 885.050 ACRE TRACT CONVEYED TO XS RANCH FUND VI, L.P. IN A
SPECIAL WARRANTY DEED DATED NOVEMBER 9, 2007 AND RECORDED IN
DOCUMENT NO. 200716605 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP
COUNTY, TEXAS;
AND ALL OF A 1.604 ACRE TRACT CONVEYED TO XS RANCH FUND VI, L.P. IN A
SPECIAL WARRANTY DEED DATED DECEMBER 22, 2008 AND RECORDED IN
DOCUMENT NO. 200816524 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP
COUNTY, TEXAS;
EXCLUDING THE PORTION OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY
(100' WIDTH, 5.595 AC.), WITHIN THE HEREIN DESCRIBED TRACT;
SAID 2902.685 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" rebar found in the west right-of-way line of
State Highway No. 95 (100' right-of-way width), for the
northernmost corner of the 2.064 acre tract;
THENCE South 0445'50" West, with the west right-of-way line of
State Highway No. 95, a distance of 2204.79 feet to a 1/2" iron pipe
found for the southeast corner of the said 6.114 acre tract, being
also the northeast corner of an apparent 100' wide railroad
reservation described in Volume 1387, Page 49 of the Deed Records of
Bastrop County, Texas;
THENCE South 3826'28" West, with the south line of the 6.114 acre
tract and the north line of said railroad strip, crossing the Union
Pacific 100' right-of-way, a distance of 632.19 feet to a
calculated point in the west line of the Union Pacific 100'
right-of-way, being also in the east line of the said 5566.770 acre
tract;
THENCE South 0714'40" West, with the west line of the 100'
right-of-way and the east line of the 5566.770 acre tract, a
distance of 702.55 feet to a 5/8" rebar found for the northeast
corner of a 90.021 acre tract described in Volume 280, Page 26 of
the Deed Records of Bastrop County, Texas, for an angle point in the
east line of the 5566.770 acre tract;
THENCE with the common line of the 5566.770 acre tract and the
90.021 acre tract, the following two (2) courses:
1. South 4159'17" West, a distance of 3559.00 feet to a 1/2"
rebar with cap set;
2. South 4800'02" East, a distance of 1696.00 feet to a 1/2"
rebar with cap set in the west line of a 100.714 acre tract
described in Volume 276, Page 639 of the Deed Records of
Bastrop County, Texas;
THENCE South 4150'22" West with the common line of the 5566.770
acre tract and the 100.714 acre tract, a distance of 2626.45 feet to
a calculated point;
THENCE over and across the 5566.770 acre tract, the following
twenty-three (23) courses:
1. North 6720'47" West, a distance of 1033.52 feet to a
calculated point;
2. South 5902'10" West, a distance of 246.73 feet to a
calculated point;
3. North 5153'33" West, a distance of 1645.53 feet to a
calculated point;
4. North 0348'51" West, a distance of 381.67 feet to a
calculated point;
5. North 5627'50" West, a distance of 840.67 feet to a
calculated point;
6. North 4926'19" East, a distance of 1289.96 feet to a
calculated point;
7. North 1057'15" West, a distance of 534.42 feet to a
calculated point;
8. North 5451'57" East, a distance of 279.40 feet to a
calculated point;
9. South 7444'42" East, a distance of 578.94 feet to a
calculated point;
10. North 8524'00" East, a distance of 738.63 feet to a
calculated point;
11. North 6554'29" East, a distance of 1140.23 feet to a
calculated point;
12. North 2707'17" West, a distance of 389.83 feet to a
calculated point;
13. North 4307'42" East, a distance of 916.04 feet to a
calculated point;
14. North 0723'10" West, a distance of 360.23 feet to a
calculated point;
15. North 2842'49" East, a distance of 1078.89 feet to a
calculated point;
16. North 8711'37" East, a distance of 421.70 feet to a
calculated point;
17. North 1631'05" West, a distance of 1395.30 feet to a
calculated point;
18. With a curve to the right, having a radius of 1600.00
feet, a delta angle of 3522'30", an arc length of 987.86
feet, and a chord which bears South 7505'01" West, a distance
of 972.24 feet to a calculated point;
19. North 8713'44" West, a distance of 714.34 feet to a
calculated point;
20. With a curve to the left, having a radius of 900.00 feet,
a delta angle of 1333'08", an arc length of 212.88 feet, and a
chord which bears South 8559'42" West, a distance of 212.38
feet to a calculated point;
21. South 7913'08" West, a distance of 476.34 feet to a
calculated point;
22. With a curve to the right, having a radius of 700.00
feet, a delta angle of 7316'03", an arc length of 895.13
feet, and a chord which bears North 6408'51" West, a distance
of 835.38 feet to a calculated point;
23. North 2730'49" West, a distance of 466.30 feet to a 1/2"
rebar with cap set for the northeast corner of a 772.304 acre
tract described in Volume 819, Page 733 of the Deed Records of
Bastrop County, Texas;
THENCE, with the common line of the 5566.770 acre tract and the
772.304 acre tract, the following three (3) courses:
1. North 4723'16" West, a distance of 3253.08 feet to a
fence corner post found;
2. South 4409'12" West, a distance of 409.37 feet to a fence
corner post found;
3. North 4644'34" West, a distance of 1200.96 feet to a
fence corner post found;
THENCE over and across the 5566.770 acre tract, the 758.026 acre
tract, and the 160.346 acre tract the following twenty-three (23)
courses:
1. South 6545'02" West, a distance of 660.48 feet to a
calculated point;
2. With a curve to the right, having a radius of 900.00 feet,
a delta angle of 4224'14", an arc length of 666.08 feet, and a
chord which bears South 8657'09" West, a distance of 650.98
feet to a calculated point;
3. North 7150'44" West, a distance of 500.53 feet to a
calculated point;
4. With a curve to the left, having a radius of 1900.00 feet,
a delta angle of 1828'28", an arc length of 612.64 feet, and a
chord which bears North 8104'58" West, a distance of 609.99
feet to a calculated point;
5. South 8940'48" West, a distance of 664.30 feet to a
calculated point;
6. With a curve to the right, having a radius of 1600.00
feet, a delta angle of 3847'12", an arc length of 1083.13
feet, and a chord which bears North 7055'36" West, a distance
of 1062.57 feet to a calculated point;
7. North 5132'00" West, a distance of 641.28 feet to a
calculated point;
8. With a curve to the left, having a radius of 1100.00 feet,
a delta angle of 7420'28", an arc length of 1427.24 feet, and
a chord which bears North 8842'14" West, a distance of
1329.22 feet to a calculated point;
9. South 5407'33" West, a distance of 431.02 feet to a
calculated point;
10. With a curve to the left, having a radius of 900.00 feet,
a delta angle of 5845'19", an arc length of 922.93 feet, and a
chord which bears South 2444'53" West, a distance of 883.01
feet to a calculated point;
11. South 0437'46" East, a distance of 806.43 feet to a
calculated point;
12. With a curve to the right, having a radius of 1100.00
feet, a delta angle of 2921'45", an arc length of 563.72
feet, and a chord which bears South 1003'06" West, a distance
of 557.57 feet to a calculated point;
13. South 2443'59" West, a distance of 380.75 feet to a
calculated point;
14. South 5624'48" East, a distance of 1809.63 feet to a
calculated point;
15. South 0340'04" West, a distance of 1811.55 feet to a
calculated point;
16. North 8256'00" East, a distance of 816.20 feet to a
calculated point;
17. South 2505'01" East, a distance of 428.88 feet to a
calculated point;
18. North 4137'32" East, a distance of 617.85 feet to a
calculated point;
19. South 5550'25" East, a distance of 1176.41 feet to a
calculated point;
20. South 3532'16" West, a distance of 1595.04 feet to a
calculated point;
21. South 2724'37" West, a distance of 492.18 feet to a
calculated point;
22. South 7248'51" West, a distance of 779.06 feet to a
calculated point;
23. South 4115'30" East, a distance of 530.59 feet to a 1/2"
rebar with cap set in a southeast line of the 5566.770 acre
tract, being in the west line of the 772.304 acre tract;
THENCE with said line, the following two (2) courses:
1. South 4053'50" West, a distance of 1367.20 feet to a 1/2"
rebar with cap set;
2. South 4637'37" East, a distance of 483.43 feet to a 5/8"
rebar found for the northwest corner of a 200 acre save and
except tract described in Volume 819, Page 733 of the Deed
Records of Bastrop County, Texas;
THENCE South 3609'41" West, with the west line of the 200 acre tract
and a southeast line of the 5566.770 acre tract, a distance of
1437.09 feet to a calculated point;
THENCE over and across the 5566.770 acre tract, the following nine
(9) courses:
1. North 5350'19" West, a distance of 703.41 feet to a
calculated point;
2. With a curve to the left, having a radius of 1500.00 feet,
a delta angle of 12212'39", an arc length of 3199.47 feet,
and a chord which bears North 8324'25" West, a distance of
2626.53 feet to a calculated point;
3. South 3529'15" West, a distance of 204.11 feet to a
calculated point;
4. With a curve to the right, having a radius of 1700.00
feet, a delta angle of 3713'26", an arc length of 1104.45
feet, and a chord which bears South 5405'58" West, a distance
of 1085.13 feet to a calculated point;
5. South 7242'41" West, a distance of 218.56 feet to a
calculated point;
6. With a curve to the left, having a radius of 500.00 feet,
a delta angle of 6427'29", an arc length of 562.50 feet, and a
chord which bears South 4028'56" West, a distance of 533.31
feet to a calculated point;
7. South 0815'12" West, a distance of 227.20 feet to a
calculated point;
8. With a curve to the right, having a radius of 1150.00
feet, a delta angle of 7643'42", an arc length of 1540.04
feet, and a chord which bears South 4637'03" West, a distance
of 1427.51 feet to a calculated point;
9. South 2929'11" West, a distance of 993.51 feet to a
calculated point in the south line of the 5566.770 acre
tract, being also the gradient boundary for the north bank of
the Colorado River;
THENCE with the south and west lines of the 5566.770 acre tract,
being also the gradient boundary for the north bank and east bank of
the Colorado River, the following seventeen (17) courses:
1. North 6157'52" West, a distance of 178.15 feet to a
calculated point;
2. North 5648'32" West, a distance of 172.52 feet to a
calculated point;
3. North 3412'07" West, a distance of 315.00 feet to a
calculated point;
4. North 1749'08" West, a distance of 194.48 feet to a
calculated point;
5. North 0042'03" West, a distance of 330.38 feet to a
calculated point;
6. North 0551'25" East, a distance of 216.57 feet to a
calculated point;
7. North 3417'46" East, a distance of 328.17 feet to a
calculated point;
8. North 7835'08" East, a distance of 86.26 feet to a
calculated point;
9. North 2528'50" East, a distance of 805.50 feet to a
calculated point;
10. North 1928'15" East, a distance of 922.47 feet to a
calculated point;
11. North 1950'23" East, a distance of 477.86 feet to a
calculated point;
12. North 2115'22" East, a distance of 606.54 feet to a
calculated point;
13. North 2334'42" East, a distance of 654.28 feet to a
calculated point;
14. North 1712'19" East, a distance of 788.35 feet to a
calculated point;
15. North 1603'41" East, a distance of 419.54 feet to a
calculated point;
16. North 2134'10" East, a distance of 234.05 feet to a
calculated point;
17. North 0953'29" East, a distance of 465.10 feet to a
calculated point;
THENCE over and across the 5566.770 acre tract, the 200.00 acre XS
Ranch Fund tract, and the said 92.556 acre tract, the following
thirty-six (36) courses:
1. South 8855'07" East, a distance of 374.38 feet to a
calculated point;
2. South 2424'39" East, a distance of 920.75 feet to a
calculated point;
3. South 7909'15" East, a distance of 1405.31 feet to a
calculated point;
4. North 3748'57" East, a distance of 547.00 feet to a
calculated point;
5. North 7813'54" East, a distance of 790.57 feet to a
calculated point;
6. South 8525'34" East, a distance of 743.88 feet to a
calculated point;
7. North 2505'23" East, a distance of 584.78 feet to a
calculated point;
8. With a curve to the right, having a radius of 3100.00
feet, a delta angle of 4546'39", an arc length of 2476.80
feet, and a chord which bears North 4201'18" West, a distance
of 2411.45 feet to a calculated point;
9. North 1907'58" West, a distance of 656.27 feet to a
calculated point;
10. With a curve to the right, having a radius of 1100.00
feet, a delta angle of 7628'22", an arc length of 1468.17
feet, and a chord which bears North 1906'13" East, a distance
of 1361.60 feet to a calculated point;
11. North 5720'24" East, a distance of 242.50 feet to a
calculated point;
12. North 3730'15" West, a distance of 500.90 feet to a
calculated point;
13. South 5745'27" West, a distance of 478.16 feet to a
calculated point;
14. South 2719'56" West, a distance of 623.35 feet to a
calculated point;
15. South 4259'51" West, a distance of 629.53 feet to a
calculated point;
16. South 7039'55" West, a distance of 375.85 feet to a
calculated point;
17. South 2259'19" West, a distance of 223.04 feet to a
calculated point;
18. South 1747'02" East, a distance of 692.62 feet to a
calculated point;
19. South 3057'50" West, a distance of 290.24 feet to a
calculated point;
20. North 6913'40" West, a distance of 385.96 feet to a
calculated point;
21. North 4036'05" West, a distance of 516.27 feet to a
calculated point;
22. North 1339'40" East, a distance of 922.05 feet to a
calculated point;
23. North 7031'47" East, a distance of 653.33 feet to a
calculated point;
24. North 1806'14" West, a distance of 340.39 feet to a
calculated point;
25. South 6859'25" West, a distance of 919.78 feet to a
calculated point;
26. North 2446'31" West, a distance of 445.42 feet to a
calculated point;
27. North 6326'06" East, a distance of 1168.67 feet to a
calculated point;
28. South 8249'32" East, a distance of 896.76 feet to a
calculated point;
29. North 1402'10" East, a distance of 153.92 feet to a
calculated point;
30. North 6758'22" West, a distance of 879.26 feet to a
calculated point;
31. North 1212'02" West, a distance of 471.06 feet to a
calculated point;
32. North 8714'27" West, a distance of 517.02 feet to a
calculated point;
33. South 0623'14" West, a distance of 838.95 feet to a
calculated point;
34. South 6653'37" West, a distance of 507.35 feet to a
calculated point;
35. North 2222'48" West, a distance of 686.34 feet to a
calculated point;
36. North 5353'58" West, a distance of 1429.66 feet to a
calculated point in the centerline of Wilbarger Creek, being
the southwest line of the 5566.770 acre tract, and the
northeast line of a 120.01 acre tract described in Volume
1023, Page 237 of the Deed Records of Travis County, Texas;
THENCE with the centerline of Wilbarger Creek, being the southwest
line of the 5566.770 acre tract, and the northeast line of the
120.01 acre tract, the following nine (9) courses:
1. North 0603'43" West, a distance of 397.88 feet to a
calculated point;
2. North 6716'36" West, a distance of 108.33 feet to a
calculated point;
3. South 7545'13" West, a distance of 428.01 feet to a
calculated point;
4. North 7909'13" West, a distance of 537.38 feet to a
calculated point;
5. North 5052'06" West, a distance of 392.75 feet to a
calculated point;
6. North 3913'33" West, a distance of 286.04 feet to a
calculated point;
7. North 3723'11" West, a distance of 329.57 feet to a
calculated point;
8. North 4600'34" West, a distance of 289.79 feet to a
calculated point;
9. North 4225'33" West, a distance of 290.86 feet to a
calculated point;
THENCE over and across the 5566.770 acre tract, the 54.912 acre
tract, the 885.050 acre tract, the 19.149 acre tract, the 758.026
acre tract, the 507.061 acre tract, the 112.676 acre tract, and the
1164.571 acre tract, the following forty (40) courses:
1. North 0908'59" East, a distance of 1504.58 feet to a
calculated point;
2. North 7210'52" West, a distance of 1581.36 feet to a
calculated point;
3. North 1749'08" East, a distance of 445.94 feet to a
calculated point;
4. North 4707'16" East, a distance of 498.98 feet to a
calculated point;
5. North 3702'18" West, a distance of 1145.83 feet to a
calculated point;
6. North 1511'43" East, a distance of 470.98 feet to a
calculated point;
7. North 9000'00" East, a distance of 230.06 feet to a
calculated point;
8. South 3057'50" East, a distance of 752.54 feet to a
calculated point;
9. South 8850'34" East, a distance of 555.63 feet to a
calculated point;
10. South 1036'04" East, a distance of 1067.53 feet to a
calculated point;
11. South 2224'35" West, a distance of 608.05 feet to a
calculated point;
12. South 7210'52" East, a distance of 518.87 feet to a
calculated point;
13. North 1955'06" East, a distance of 778.72 feet to a
calculated point;
14. North 8846'47" East, a distance of 377.41 feet to a
calculated point;
15. South 3705'34" East, a distance of 822.20 feet to a
calculated point;
16. South 1134'03" West, a distance of 1499.22 feet to a
calculated point;
17. South 5811'35" East, a distance of 2102.28 feet to a
calculated point;
18. North 3516'52" East, a distance of 1115.32 feet to a
calculated point;
19. South 5736'43" East, a distance of 1363.00 feet to a
calculated point;
20. North 7133'54" East, a distance of 1095.63 feet to a
calculated point;
21. With a curve to the left, having a radius of 850.00 feet,
a delta angle of 3617'42", an arc length of 538.45 feet, and a
chord which bears North 5325'03" East, a distance of 529.49
feet to a calculated point;
22. North 3516'12" East, a distance of 522.93 feet to a
calculated point;
23. With a curve to the right, having a radius of 650.00
feet, a delta angle of 4322'31", an arc length of 492.08
feet, and a chord which bears North 5657'27" East, a distance
of 480.41 feet to a calculated point;
24. With a curve to the left, having a radius of 850.00 feet,
a delta angle of 4559'56", an arc length of 682.41 feet, and a
chord which bears North 5538'44" East, a distance of 664.23
feet to a calculated point;
25. With a curve to the right, having a radius of 650.00
feet, a delta angle of 1553'36", an arc length of 180.30
feet, and a chord which bears North 4035'34" East, a distance
of 179.73 feet to a calculated point;
26. North 4832'22" East, a distance of 243.99 feet to a
calculated point;
27. South 8753'37" East, a distance of 705.41 feet to a
calculated point;
28. North 4045'57" East, a distance of 2136.64 feet to a
calculated point;
29. With a curve to the left, having a radius of 1900.00
feet, a delta angle of 2214'16", an arc length of 737.44
feet, and a chord which bears North 2938'49" East, a distance
of 732.82 feet to a calculated point;
30. With a curve to the right, having a radius of 1600.00
feet, a delta angle of 1212'03", an arc length of 340.71
feet, and a chord which bears North 2437'42" East, a distance
of 340.07 feet to a calculated point;
31. North 6206'07" West, a distance of 218.71 feet to a
calculated point;
32. North 7922'49" West, a distance of 1163.84 feet to a
calculated point;
33. North 5201'42" West, a distance of 606.47 feet to a
calculated point;
34. North 2558'28" West, a distance of 1517.59 feet to a
calculated point;
35. North 6515'38" West, a distance of 1309.58 feet to a
calculated point;
36. North 3631'44" West, a distance of 651.51 feet to a
calculated point;
37. North 0731'14" West, a distance of 1224.45 feet to a
calculated point;
38. North 3233'00" West, a distance of 946.65 feet to a
calculated point;
39. North 6127'44" East, a distance of 1606.89 feet to a
calculated point;
40. South 4743'25" East, a distance of 806.32 feet to a 5/8"
rebar found in a westerly line of the 1164.571 acre tract, for
the southwest corner of a 408.48 acre tract described in
Volume 1564, Page 319 and Volume 248, Page 498 of the Deed
Records of Bastrop County, Texas;
THENCE South 4743'25" East, with the south line of the 408.48 acre
tract and a northeasterly line of the 1164.571 acre tract, a
distance of 1928.39 feet to a calculated point;
THENCE over and across the 1164.571 acre tract and the 507.061 acre
tract, the following three (3) courses:
1. South 3842'49" West, a distance of 493.11 feet to a
calculated point;
2. South 4627'01" East, a distance of 1528.76 feet to a
calculated point;
3. South 8128'08" East, a distance of 962.75 feet to a
calculated point in the north line of the 507.061 acre tract,
being the south line of the 408.48 acre tract;
THENCE South 4819'36" East, with the north line of the 507.061 acre
tract, being the south line of the 408.48 acre tract, a distance of
781.94 feet to a 1/2" rebar with cap set for an angle point in said
line;
THENCE over and across the 507.061 acre tract, the 160.346 acre
tract, and the 5566.770 acre tract, and the 100' Union Pacific
Railroad right-of-way, the following twenty-one (21) courses:
1. South 1134'55" East, a distance of 515.81 feet to a
calculated point;
2. South 5207'30" East, a distance of 512.21 feet to a
calculated point;
3. South 2549'14" West, a distance of 1563.95 feet to a
calculated point;
4. South 0208'03" West, a distance of 752.59 feet to a
calculated point;
5. South 1810'41" West, a distance of 924.32 feet to a
calculated point;
6. South 2340'42" East, a distance of 1281.46 feet to a
calculated point;
7. South 1504'07" West, a distance of 604.81 feet to a
calculated point;
8. South 3358'48" East, a distance of 1016.87 feet to a
calculated point;
9. South 7654'29" East, a distance of 794.08 feet to a
calculated point;
10. North 2605'59" East, a distance of 1877.13 feet to a
calculated point;
11. North 5817'55" East, a distance of 448.82 feet to a
calculated point;
12. South 7324'46" East, a distance of 1652.34 feet to a
calculated point;
13. South 6201'14" East, a distance of 3502.95 feet to a
calculated point;
14. South 4306'43" East, a distance of 1021.63 feet to a
calculated point;
15. South 8902'43" East, a distance of 1421.13 feet to a
calculated point;
16. North 7617'35" East, a distance of 499.72 feet to a
calculated point;
17. South 8625'25" East, a distance of 949.14 feet to a
calculated point;
18. South 5727'00" East, a distance of 330.12 feet to a
calculated point;
19. South 3045'46" East, a distance of 289.38 feet to a
calculated point;
20. South 0658'52" West, a distance of 584.55 feet to a
calculated point;
21. South 8247'11" East, a distance of 661.94 feet to a 1/2"
rebar with cap set in the east line of the 100' Union Pacific
Railroad right-of-way, being also in the west line of the
2.064 acre tract;
THENCE with the east line of the 100' Union Pacific Railroad
right-of-way, being also the west line of the 2.064 acre tract, with
a curve to the left, having a radius of 1482.37 feet, a delta angle
of 0116'18", an arc length of 32.90 feet, and a chord which bears
North 0636'10" East, a distance of 32.90 feet to a 1/2" rebar with
cap set for the northwest corner of the 2.064 acre tract;
THENCE North 4201'01" East, with the north line of the 2.064 acre
tract, a distance of 232.14 feet to the POINT OF BEGINNING,
containing 2908.28 acres of land, gross acreage, save and except
5.595 acres within the Union Pacific Railroad right-of-way, for a
net acreage of 2902.685 acres more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1841 was passed by the House on May
12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1841 on May 29, 2009, by the following vote: Yeas 146, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1841 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor