Texas 2009 - 81st Regular

Texas House Bill HB4460 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Martinez Fischer H.B. No. 4460
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of Austin Desired Development Zone
7	7	District No. 4; providing authority to levy an assessment, impose
8	8	taxes, and issue bonds; and granting a limited power of eminent
9	9	domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 38__ to read as follows:
13	13	CHAPTER 38 . Austin Desired Development Zone District No. 4
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 38.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Austin.
18	18	(3) "County" means Travis County.
19	19	(4) "Director" means a board member.
20	20	(5) "District" means the Austin Desired Development
21	21	Zone District No. 4.
22	22	Sec. 38.002. NATURE OF DISTRICT. Austin Desired
23	23	Development Zone District No. 4 is a special district created under
24	24	Section 59, Article XVI, Texas Constitution.
25	25	Sec. 38.003. PURPOSE; DECLARATION OF INTENT. (a) The
26	26	creation of the district is essential to accomplish the purposes of
27	27	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
28	28	Texas Constitution, and other public purposes stated in this
29	29	chapter. By creating the district and in authorizing the city, the
30	30	county, and other political subdivisions to contract with the
31	31	district, the legislature has established a program to accomplish
32	32	the public purposes set out in Section 52-a, Article III, Texas
33	33	Constitution.
34	34	(b) The creation of the district is necessary to promote,
35	35	develop, encourage, and maintain employment, commerce,
36	36	transportation, housing, tourism, recreation, the arts,
37	37	entertainment, economic development, safety, and the public
38	38	welfare in the district.
39	39	Sec. 38.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
40	40	The district is created to serve a public use and benefit.
41	41	(b) All land and other property included in the district
42	42	will benefit from the improvements and services to be provided by
43	43	the district under powers conferred by Sections 52 and 52-a,
44	44	Article III, and Section 59, Article XVI, Texas Constitution, and
45	45	other powers granted under this chapter.
46	46	(c) The creation of the district is in the public interest
47	47	and is essential to:
48	48	(1) further the public purposes of developing and
49	49	diversifying the economy of the state;
50	50	(2) eliminate unemployment and underemployment; and
51	51	(3) develop or expand transportation and commerce.
52	52	(d) The district will:
53	53	(1) promote the health, safety, and general welfare of
54	54	residents, employers, potential employees, employees, visitors,
55	55	and consumers in the district, and of the public;
56	56	(2) provide needed funding for the district to
57	57	preserve, maintain, and enhance the economic health and vitality of
58	58	the district territory as a community and business center; and
59	59	(3) promote the health, safety, welfare, and enjoyment
60	60	of the public by providing pedestrian ways and by landscaping and
61	61	developing certain areas in the district, which are necessary for
62	62	the restoration, preservation, and enhancement of scenic beauty;
63	63	and
64	64	(4) provide for water, wastewater, drainage, road,
65	65	and recreational facilities for the district.
66	66	(e) Pedestrian ways along or across a street, whether at
67	67	grade or above or below the surface, and street lighting, street
68	68	landscaping, parking, and street art objects are parts of and
69	69	necessary components of a street and are considered to be a street
70	70	or road improvement.
71	71	(f) The district will not act as the agent or
72	72	instrumentality of any private interest even though the district
73	73	will benefit many private interests as well as the public.
74	74	Sec. 38.005. INITIAL DISTRICT TERRITORY. (a) The district
75	75	is initially composed of the territory described by Section 2 of the
76	76	Act enacting this chapter.
77	77	(b) The boundaries and field notes contained in Section 2
78	78	of the Act enacting this chapter form a closure. A mistake in the
79	79	field notes or in copying the field notes in the legislative
80	80	process does not affect the district's:
81	81	(1) organization, existence, or validity;
82	82	(2) right to issue any type of bond for the purposes
83	83	for which the district is created or to pay the principal of and
84	84	interest on the bond;
85	85	(3) right to impose or collect an assessment or tax; or
86	86	(4) legality or operation.
87	87	Sec. 38.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
88	88	All or any part of the area of the district is eligible to be
89	89	included in:
90	90	(1) a tax increment reinvestment zone created under
91	91	Chapter 311, Tax Code;
92	92	(2) a tax abatement reinvestment zone created under
93	93	Chapter 312, Tax Code; or
94	94	(3) an enterprise zone created under Chapter 2303,
95	95	Government Code.
96	96	Sec. 38.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
97	97	DISTRICTS LAW. Except as otherwise provided by this chapter,
98	98	Chapter 375, Local Government Code, applies to the district.
99	99	Sec. 38.008. LIBERAL CONSTRUCTION OF CHAPTER. This chapter
100	100	shall be liberally construed in conformity with the findings and
101	101	purposes stated in this chapter.
102	102	Sec. 38.009. CONFIRMATION AND DIRECTORS' ELECTION
103	103	REQUIRED. The temporary directors shall hold an election to
104	104	confirm the creation of the district and to elect four permanent
105	105	directors as provided by Section 49.102, Water Code.
106	106	Sec. 38.010. CONSENT OF MUNICIPALITY REQUIRED. (a) The
107	107	temporary directors may not hold an election under Section 38.009
108	108	until the city has consented by ordinance or resolution to the
109	109	creation of the district and to the inclusion of land in the
110	110	district.
111	111	(b) The city may condition its consent to the creation of
112	112	the district, to the inclusion of land in the district, and to the
113	113	exercise or limitation of powers granted to the district under this
114	114	Chapter by requiring the owner of any land included in the district
115	115	to negotiate and enter into a written agreement with the City of
116	116	Austin under this Chapter and Sections 43.0563 and 212.172, Local
117	117	Government Code.
118	118	(c) An agreement between a municipality and a landowner
119	119	entered into prior to the effective date of this chapter and that
120	120	complies with this section is validated.
121	121	(d) Section 54.016, Water Code, does not apply to the
122	122	district or to an agreement under this section. An agreement under
123	123	this section constitutes the city's consent to the creation of the
124	124	district under Section 42.042, Local Government Code.
125	125	[Sections 38.012 - 38.050 reserved for expansion]
126	126	SUBCHAPTER B. BOARD OF DIRECTORS
127	127	Sec. 38.051. GOVERNING BODY; TERMS. (a) The district is
128	128	governed by a board of seven directors. Four of the directors are
129	129	elected. Three of the directors are appointed under Sec. 38.053.
130	130	(b) Except as provided by Sec. 38.052, directors serve
131	131	staggered four-year terms, with two elected directors' terms and
132	132	one or two appointed director's terms expiring on June 1 of each
133	133	even-numbered year. The term of office for each director first
134	134	appointed under Sec. 38.053 shall begin on the date the four
135	135	permanent directors are elected under Section 38.009.
136	136	Sec. 38.052. TEMPORARY DIRECTORS. (a) On or after the
137	137	effective date of the Act creating this chapter, the owner or owners
138	138	of a majority of the assessed value of the real property in the
139	139	district as determined by the most recent certified tax appraisal
140	140	roll for the county may submit a petition to the Texas Commission on
141	141	Environmental Quality requesting that the commission appoint as
142	142	temporary directors the four persons named in the petition. The
143	143	commission shall appoint as temporary directors the four persons
144	144	named in the petition.
145	145	(b) Temporary directors serve until the earlier of:
146	146	(1) the date four permanent directors are elected
147	147	under Section 38 .009; or
148	148	(2) the fourth anniversary of the effective date of
149	149	the Act creating this chapter.
150	150	(c) If permanent directors have not been elected under
151	151	Section 38.009 and the terms of the temporary directors have
152	152	expired, successor temporary directors shall be appointed or
153	153	reappointed as provided by Subsection (d) to serve terms that
154	154	expire on the earlier of:
155	155	(1) the date four permanent directors are elected
156	156	under Section 38 .009; or
157	157	(2) the fourth anniversary of the date of the
158	158	appointment or reappointment.
159	159	(d) If Subsection (c) applies, the owner or owners of a
160	160	majority of the assessed value of the real property in the district
161	161	according to the most recent certified tax appraisal roll for the
162	162	county may submit a petition to the commission requesting that the
163	163	commission appoint as successor temporary directors the four
164	164	persons named in the petition. The commission shall appoint as
165	165	successor temporary directors the four persons named in the
166	166	petition.
167	167	Sec. 38.053. APPOINTMENT OF DIRECTOR. (a) The City Council
168	168	of the city shall appoint one director, and may appoint a second
169	169	director after notice is provided by the board to the city under
170	170	Subsection (c). A person is appointed if a majority of the members
171	171	of the City Council vote to appoint that person.
172	172	(b) The county Commissioners Court shall appoint one
173	173	director. A person is appointed if a majority of the members of the
174	174	Commissioners Court vote to appoint that person.
175	175	(c) The Texas Commission on Environmental Quality shall
176	176	appoint one director nominated by the board. The board shall
177	177	request the name of a qualified director nominee from each person
178	178	who owns at least 25 percent of the surface area of land in the
179	179	district, based on the most recent certified tax appraisal roll for
180	180	the county. The board shall nominate to the Texas Commission on
181	181	Environmental Quality the qualified director nominee whose name was
182	182	submitted by the person who owns the largest total surface area of
183	183	land in the district. If the board has not received the name of a
184	184	qualified director nominee before the 31st day after the date the
185	185	board requests the name of a qualified director nominee from every
186	186	person who owns at least 25 percent of the surface area of land in
187	187	the district, or if no person owns at least 25 percent of the
188	188	surface area of land in the district, the board shall notify the
189	189	city that it may appoint a second director under Subsection (a), and
190	190	no appointment shall be made under this subsection.
191	191	Sec. 38.054 QUALIFICATIONS OF DIRECTOR. (a) To be
192	192	qualified to be elected and serve as an elected director or to be
193	193	qualified to be appointed and serve as an appointed director under
194	194	Subsection (c) of Section 38 .053, a person must be at least 18
195	195	years old and:
196	196	(1) a resident of the district; or
197	197	(2) an owner of property in the district.
198	198	(b) A director appointed under Section 38.052 or Subsection
199	199	(a) or (b) of Section 38.053 must be at least 18 years old.
200	200	(c) A person who qualifies to serve as a director under this
201	201	section is subject to Section 375.072, Local Government Code.
202	202	Sec. 38.055. DIRECTOR VACANCY. A vacancy in the office of
203	203	an elected director shall be filled for the unexpired term by the
204	204	majority vote of the remaining members of the board. A vacancy in
205	205	the office of a director appointed under Section 38 .053 shall be
206	206	filled for the unexpired term by a new director appointed under that
207	207	section.
208	208	Sec. 38.056. QUORUM. (a) A majority of the directors
209	209	constitutes a quorum, and a concurrence of a majority of the
210	210	directors is required for any official action of the district
211	211	unless a lesser or greater number of votes is provided by other law.
212	212	The written consent of at least two-thirds of the directors is
213	213	required to authorize the levy of assessments, the levy of taxes,
214	214	the imposition of impact fees, or the issuance of bonds.
215	215	(b) For purposes of determining the requirements for a
216	216	majority of the board under this section, the following are not
217	217	counted:
218	218	(1) a board position vacant for any reason, including
219	219	death, resignation, or disqualification; or
220	220	(2) a director who is abstaining from participation in
221	221	a vote because of a conflict of interest.
222	222	Sec. 38.057. COMPENSATION. A director is entitled to
223	223	receive fees of office and reimbursement for actual expenses as
224	224	provided by Section 49.060, Water Code.
225	225	[Sections 38.058 - 38.100 reserved for expansion]
226	226	SUBCHAPTER C. POWERS AND DUTIES
227	227	Sec. 38.101. GENERAL POWERS AND DUTIES. The district has
228	228	the powers and duties provided by:
229	229	(1) the general laws relating to conservation and
230	230	reclamation districts created under Section 59, Article XVI, Texas
231	231	Constitution, including Chapters 49 and 54, Water Code;
232	232	(2) Section 52, Article III, Texas Constitution,
233	233	including the power to design, acquire, construct, finance, issue
234	234	bonds for, improve, operate, maintain, and convey to this state, a
235	235	county, or a municipality for operation and maintenance
236	236	macadamized, graveled, or paved roads, or improvements, including
237	237	storm drainage, in aid of those roads;
238	238	(3) Subchapter A, Chapter 372, Local Government Code,
239	239	in the same manner as a municipality or a county;
240	240	(4) Chapter 375, Local Government Code;
241	241	(5) Chapter 380, Local Government Code, in the same
242	242	manner as a municipality;
243	243	(6) Chapter 394, Local Government Code, to a housing
244	244	finance corporation created and operating under that chapter, in
245	245	the same manner as a housing finance corporation;
246	246	(7) Subchapter C, Chapter 402, Local Government Code,
247	247	in the same manner as a municipality; and
248	248	(8) Chapters 501, 502, and 505, Local Government
249	249	Code, in the same manner as a municipality to which one or more of
250	250	those chapters applies.
251	251	Sec. 38.102. AGREEMENTS; GRANTS. (a) The district may make
252	252	an agreement with or accept a gift, grant, or loan from any person.
253	253	A service agreement made by the district shall be terminable at will
254	254	and without penalty upon 30 days notice of termination, unless the
255	255	district secures the written consent of the City of Austin to
256	256	modify or exclude those termination provisions, except for service
257	257	agreements with the following persons or entities:
258	258	(1) a developer of land within the district, as
259	259	defined by Section 49.052(d), Water Code;
260	260	(2) a government agency, entity, or political
261	261	subdivision;
262	262	(3) a retail public utility or electric cooperative,
263	263	concerning water, wastewater, gas, electricity, telecommunication,
264	264	drainage, or other utility services and facilities; or
265	265	(4) a provider of services relating to solid waste
266	266	collection, transfer, processing, reuse, resale, disposal, and
267	267	management.
268	268	(b) The implementation of a project is a governmental
269	269	function or service for the purposes of Chapter 791, Government
270	270	Code.
271	271	(c) The board may enter into a contract with the board of
272	272	directors of a tax increment reinvestment zone created under
273	273	Chapter 311, Tax Code, and the governing body of the municipality or
274	274	county that created the zone to manage the zone or implement the
275	275	project plan and reinvestment zone financing plan.
276	276	Sec. 38.103. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT AND
277	277	FIRE-FIGHTING SERVICES. (a) To protect the public interest, the
278	278	district may contract with a qualified party, including the county
279	279	or the city, for the provision of law enforcement services in the
280	280	district for a fee.
281	281	(b) The district may provide fire-fighting services under
282	282	Section 49.351, Water Code and has the powers and duties of a
283	283	municipality under Section 775.022, Health & Safety Code.
284	284	Sec. 38.104. ECONOMIC DEVELOPMENT PROGRAMS. The district
285	285	may establish and provide for the administration of one or more
286	286	programs to promote state or local economic development and to
287	287	stimulate business and commercial activity in the district,
288	288	including programs to:
289	289	(1) make loans and grants of public money; and
290	290	(2) provide district personnel and services.
291	291	Sec. 38.105. STRATEGIC PARTNERSHIP AGREEMENT. The district
292	292	may negotiate and enter into a written strategic partnership with
293	293	the City of Austin under Section 43.0751, Local Government Code. A
294	294	power granted to the district under this Chapter may be restricted
295	295	or prohibited by the terms and conditions of an agreement between
296	296	the City of Austin and the district under this section.
297	297	Sec. 38.106. LIMITED EMINENT DOMAIN. (a) The district may
298	298	exercise the power of eminent domain under Section 49.222, Water
299	299	Code.
300	300	(b) The district may not exercise the power of eminent
301	301	domain outside the district boundaries to acquire:
302	302	(1) a site for a water treatment plant, water storage
303	303	facility, wastewater treatment plant, or wastewater disposal
304	304	plant; or
305	305	(2) a recreational facility as defined by Section
306	306	49.462, Water Code.
307	307	Sec. 38.107. ANNEXATION OR EXCLUSION OF LAND BY DISTRICT.
308	308	(a) The district may annex land as provided by Subchapter J,
309	309	Chapter 49, Water Code.
310	310	(b) The district may exclude land as provided by Subchapter
311	311	J, Chapter 49, Water Code. Section 375.044(b), Local Government
312	312	Code, does not apply to the district.
313	313	Sec. 38.108. SUITS. The District shall not be a voluntary
314	314	party to any suit against the city by a district resident or a
315	315	person who owns property in the district unless the district has
316	316	standing to bring the suit.
317	317	[Sections 38 .109 - 38 .150 reserved for expansion]
318	318	SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
319	319	Sec. 38.151. PUBLIC TRANSIT SYSTEM. (a) The district may
320	320	acquire, lease as lessor or lessee, construct, develop, own,
321	321	operate, and maintain a public transit system to serve the area
322	322	within the boundaries of the district.
323	323	(b) The district may contract with a regional transit
324	324	authority for the provision of a public transit system and public
325	325	transit services.
326	326	Sec. 38.152. PARKING FACILITIES AUTHORIZED; OPERATION BY
327	327	PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire, lease
328	328	as lessor or lessee, construct, develop, own, operate, and maintain
329	329	parking facilities or a system of parking facilities, including:
330	330	(1) lots, garages, parking terminals, or other
331	331	structures or accommodations for parking motor vehicles off the
332	332	streets; and
333	333	(2) equipment, entrances, exits, fencing, and other
334	334	accessories necessary for safety and convenience in parking
335	335	vehicles.
336	336	(b) A parking facility of the district may be leased to, or
337	337	operated for the district by, an entity other than the district.
338	338	(c) The district's parking facilities are a program
339	339	authorized by the legislature under Section 52-a, Article III,
340	340	Texas Constitution.
341	341	(d) The district's parking facilities serve the public
342	342	purposes of the district and are owned, used, and held for a public
343	343	purpose even if leased or operated by a private entity for a term of
344	344	years.
345	345	(e) The district's public parking facilities and any lease
346	346	to a private entity are exempt from the payment of ad valorem taxes
347	347	and state and local sales and use taxes.
348	348	Sec. 38.153. RULES. The district may adopt rules covering
349	349	its public transit system or its public parking system.
350	350	Sec. 38.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR PARKING
351	351	FACILITIES. (a) The district may use any of its resources,
352	352	including revenue, assessments, taxes, or grant or contract
353	353	proceeds, to pay the cost of acquiring or operating a public transit
354	354	system or public parking facilities.
355	355	(b) The district may:
356	356	(1) set, charge, impose, and collect fees, charges, or
357	357	tolls for the use of the public transit system or the public
358	358	parking facilities; and
359	359	(2) issue bonds or notes to finance the cost of these
360	360	facilities.
361	361	[Sections 38.155 - 38.200 reserved for expansion]
362	362	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
363	363	Sec. 38.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
364	364	board by resolution shall establish the number of directors'
365	365	signatures and the procedure required for a disbursement or
366	366	transfer of the district's money.
367	367	Sec. 38.202. MONEY USED FOR IMPROVEMENTS OR SERVICES. The
368	368	district may acquire, construct, finance, operate, or maintain any
369	369	improvement or service authorized under this chapter or Chapter
370	370	375, Local Government Code, using any money available to the
371	371	district.
372	372	Sec. 38.203. PETITION REQUIRED FOR FINANCING SERVICES AND
373	373	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
374	374	service or improvement project with assessments under this chapter
375	375	unless a written petition requesting that service or improvement
376	376	has been filed with the board.
377	377	(b) A petition filed under Subsection (a) must be signed by
378	378	the owners of a majority of the assessed value of the real property
379	379	in the district subject to assessment as determined by the most
380	380	recent certified tax appraisal roll for the county.
381	381	Sec. 38.204. METHOD OF NOTICE FOR HEARING. The district may
382	382	mail the notice required by Section 375.115(c), Local Government
383	383	Code, by certified or first class United States mail. The board
384	384	shall determine the method of notice.
385	385	Sec. 38.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The
386	386	board by resolution may impose and collect an assessment for any
387	387	purpose authorized by this chapter in all or any part of the
388	388	district.
389	389	(b) An assessment, a reassessment, or an assessment
390	390	resulting from an addition to or correction of the assessment roll
391	391	by the district, penalties and interest on an assessment or
392	392	reassessment, an expense of collection, and reasonable attorney's
393	393	fees incurred by the district:
394	394	(1) are a first and prior lien against the property
395	395	assessed;
396	396	(2) are superior to any other lien or claim other than
397	397	a lien or claim for county, school district, or municipal ad valorem
398	398	taxes; and
399	399	(3) are the personal liability of and a charge against
400	400	the owners of the property even if the owners are not named in the
401	401	assessment proceedings.
402	402	(c) The lien is effective from the date of the board's
403	403	resolution imposing the assessment until the date the assessment is
404	404	paid. The board may enforce the lien in the same manner that the
405	405	board may enforce an ad valorem tax lien against real property.
406	406	(d) The board may make a correction to or deletion from the
407	407	assessment roll that does not increase the amount of assessment of
408	408	any parcel of land without providing notice and holding a hearing in
409	409	the manner required for additional assessments.
410	410	Sec. 38.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
411	411	ASSESSMENTS. The district may not impose an impact fee or
412	412	assessment on the property, including the equipment,
413	413	rights-of-way, facilities, or improvements, of:
414	414	(1) an electric utility or a power generation company
415	415	as defined by Section 31.002, Utilities Code;
416	416	(2) a gas utility as defined by Section 101.003 or
417	417	121.001, Utilities Code;
418	418	(3) a telecommunications provider as defined by
419	419	Section 51.002, Utilities Code; or
420	420	(4) a person who provides to the public cable
421	421	television or advanced telecommunications services.
422	422	Sec. 38.207. RESIDENTIAL PROPERTY. Section 375.161, Local
423	423	Government Code, does not apply to the district.
424	424	Sec. 38.208. OPERATION AND MAINTENANCE TAX. (a) If
425	425	authorized at an election held in accordance with Section 38.212,
426	426	the district may impose an operation and maintenance tax on taxable
427	427	property in the district in accordance with Section 49.107, Water
428	428	Code, for any district purpose, including to:
429	429	(1) maintain and operate the district;
430	430	(2) construct or acquire improvements; or
431	431	(3) provide a service.
432	432	(b) The board shall determine the tax rate. The rate may not
433	433	exceed the rate approved at the election.
434	434	Sec. 38.209. CONTRACT TAXES. (a) In accordance with
435	435	Section 49.108, Water Code, the district may impose a tax other than
436	436	an operation and maintenance tax and use the revenue derived from
437	437	the tax to make payments under a contract after the provisions of
438	438	the contract have been approved by a majority of the district
439	439	voters voting at an election held for that purpose.
440	440	(b) A contract approved by the district voters may contain a
441	441	provision stating that the contract may be modified or amended by
442	442	the board without further voter approval.
443	443	Sec. 38.210. AUTHORITY TO ISSUE BONDS. (a) The district
444	444	may issue by competitive bid bonds, notes, or other obligations
445	445	payable wholly or partly from taxes, assessments, impact fees,
446	446	revenue, grants, or other money of the district, or any combination
447	447	of those sources of money, to pay for any authorized district
448	448	purpose.
449	449	(b) The limitation on the outstanding principal amount of
450	450	bonds, notes, and other obligations set forth in Section 49.4645,
451	451	Water Code, does not apply to the district.
452	452	Sec. 38.211. CITY APPROVAL OF DISTRICT BONDS. (a) No later
453	453	than 30 days before the first publication of notice of sale of a
454	454	district bond, the district shall provide to the city a copy of the
455	455	district's application to the Texas Commission on Environmental
456	456	Quality for approval of the bond sale, a copy of the staff
457	457	memorandum from the Texas Commission on Environmental Quality
458	458	approving the projects and the bonds, the proposed bond resolution,
459	459	the preliminary official statement for the bond sale, the bid form,
460	460	and the notice of sale, as applicable.
461	461	(b) The city may refuse to approve a bond sale only if the
462	462	city determines that issuance of the bonds would cause the district
463	463	to be substantially out of compliance with a material provision of a
464	464	written agreement with the city under Section 38 .010, Section
465	465	38 .105, or any other written agreement with the city pertaining to
466	466	the district's creation or operation.
467	467	(c) The city shall notify the district of its refusal to
468	468	approve a bond sale under Subsection(b) no later than the 15th day
469	469	after its receipt of the information provided under Subsection (a),
470	470	or the bond sale shall be deemed to be approved by the City.
471	471	(d) The district shall not issue or sell a bond that the
472	472	city has refused to approve under this section.
473	473	Sec. 38.212. TAXES FOR BONDS. At the time the district
474	474	issues bonds payable wholly or partly from ad valorem taxes, the
475	475	board shall provide for the annual imposition of a continuing
476	476	direct annual ad valorem tax, without limit as to rate or amount,
477	477	for each year while all or part of the bonds are outstanding as
478	478	required and in the manner provided by Sections 54.601 and 54.602,
479	479	Water Code.
480	480	Sec. 38.213. ELECTIONS REGARDING TAXES AND BONDS. (a) The
481	481	district may issue, without an election, bonds, notes, and other
482	482	obligations secured by:
483	483	(1) revenue other than ad valorem taxes; or
484	484	(2) contract payments described by Section 38.209.
485	485	(b) The district shall hold an election in the manner
486	486	provided by Subchapter L, Chapter 375, Local Government Code, to
487	487	obtain voter approval before the district imposes an ad valorem tax
488	488	or sales and use tax or issues bonds payable from ad valorem taxes.
489	489	(c) Section 375.243, Local Government Code, does not apply
490	490	to the district.
491	491	(d) All or any part of any facilities or improvements which
492	492	may be acquired by a district by the issuance of its bonds may be
493	493	included in one single proposition to be voted on at the election or
494	494	the bonds may be submitted in several propositions.
495	495	Sec. 38.214. CITY NOT REQUIRED TO PAY DISTRICT OBLIGATIONS.
496	496	Except as provided by Section 375.263, Local Government Code, the
497	497	city is not required to pay a bond, note, or other obligation of the
498	498	district.
499	499	Sec. 38.215. COMPETITIVE BIDDING. Subchapter I, Chapter 49,
500	500	Water Code, applies to the district. Subchapter K, Chapter 375,
501	501	Local Government Code, does not apply to the district if the
502	502	district complies with the requirements of Section 375.222, Local
503	503	Government Code, as it existed on January 1, 2009.
504	504	Sec. 38.216. TAX AND ASSESSMENT ABATEMENTS. The district
505	505	may grant in the manner authorized by Chapter 312, Tax Code, an
506	506	abatement for a tax or assessment owed to the district.
507	507	Sec. 38.217. TAX INCREMENT FINANCING POWERS. (a) The
508	508	district may designate all or any part of the district as a tax
509	509	increment reinvestment zone, and the district may use tax increment
510	510	financing under Chapter 311, Tax Code, in the manner provided by
511	511	that chapter for a municipality, except as modified by this
512	512	section.
513	513	(b) The district has all powers provided under Chapter 311,
514	514	Tax Code.
515	515	(c) The district and an overlapping taxing unit may enter
516	516	into an interlocal agreement for the payment of all or a portion of
517	517	the tax increment of the unit to the district.
518	518	(d) For the purpose of tax increment financing under this
519	519	section, the board functions as the board of directors of the
520	520	reinvestment zone. Section 311.009, Tax Code, does not apply to the
521	521	district.
522	522	[Sections 38.218 - 38.300 reserved for expansion]
523	523	SUBCHAPTER F. SALES AND USE TAX
524	524	Sec. 38.301. MEANINGS OF WORDS AND PHRASES. Words and
525	525	phrases used in this subchapter that are defined by Chapters 151
526	526	and 321, Tax Code, have the meanings assigned by Chapters 151 and
527	527	321, Tax Code.
528	528	Sec. 38.302. APPLICABILITY OF CERTAIN TAX CODE PROVISIONS.
529	529	(a) Except as otherwise provided by this subchapter, Subtitles A
530	530	and B, Title 2, Tax Code, and Chapter 151, Tax Code, apply to taxes
531	531	imposed under this subchapter and to the administration and
532	532	enforcement of those taxes in the same manner that those laws apply
533	533	to state taxes.
534	534	(b) Chapter 321, Tax Code, relating to municipal sales and
535	535	use taxes, applies to the application, collection, charge, and
536	536	administration of a sales and use tax imposed under this subchapter
537	537	to the extent consistent with this chapter, as if references in
538	538	Chapter 321, Tax Code, to a municipality referred to the district
539	539	and references to a governing body referred to the board.
540	540	(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404,
541	541	321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
542	542	apply to a tax imposed under this subchapter.
543	543	Sec. 38.303. AUTHORIZATION; ELECTION. (a) The district
544	544	may adopt a sales and use tax to serve the purposes of the district
545	545	after an election in which a majority of the voters of the district
546	546	voting in the election authorize the adoption of the tax.
547	547	(b) The board by order may call an election to authorize a
548	548	sales and use tax. The election may be held with any other district
549	549	election.
550	550	(c) The district shall provide notice of the election and
551	551	shall hold the election in the manner prescribed by Section 38.212.
552	552	(d) The ballots shall be printed to provide for voting for
553	553	or against the proposition: "Authorization of a sales and use tax
554	554	in Austin Desired Development Zone Management District No. 4 at a
555	555	rate not to exceed [ ] percent."
556	556	Sec. 38.304. ABOLISHING SALES AND USE TAX. (a) Except as
557	557	provided in Subsection (b), the board may abolish the sales and use
558	558	tax without an election.
559	559	(b) The board may not abolish the sales and use tax if the
560	560	district has outstanding debt secured by the tax.
561	561	(c) Notwithstanding subsection (b), a sales and use tax
562	562	adopted under this subchapter is automatically abolished on the
563	563	effective date of full-purpose annexation by the city of the
564	564	district.
565	565	Sec. 38.305. SALES AND USE TAX RATE. (a) On adoption of the
566	566	tax authorized by this subchapter, there is imposed a tax on the
567	567	receipts from the sale at retail of taxable items within the
568	568	district, and an excise tax on the use, storage, or other
569	569	consumption within the district of taxable items purchased,
570	570	leased, or rented from a retailer within the district during the
571	571	period that the tax is in effect.
572	572	(b) The board shall determine the rate of the tax, which may
573	573	be in one-eighth of one percent increments not to exceed the
574	574	maximum rate authorized by the district voters at the election. The
575	575	board may lower the tax rate to the extent it does not impair any
576	576	outstanding debt or obligations payable from the tax.
577	577	(c) The rate of the excise tax is the same as the rate of the
578	578	sales tax portion of the tax and is applied to the sales price of
579	579	the taxable item.
580	580	[Sections 38 .306 - 38 .350 reserved for expansion]
581	581	SUBCHAPTER G. HOTEL OCCUPANCY TAXES
582	582	Sec. 38.351. HOTEL OCCUPANCY TAX. (a) In this section,
583	583	"hotel" has the meaning assigned by Section 156.001, Tax Code.
584	584	(b) For purposes of this section, a reference in Chapter
585	585	351, Tax Code, to a municipality is a reference to the district and
586	586	a reference in Chapter 351, Tax Code, to the municipality's
587	587	officers or governing body is a reference to the board.
588	588	(c) Except as inconsistent with this section, Subchapter A,
589	589	Chapter 351, Tax Code, governs a hotel occupancy tax authorized by
590	590	this section.
591	591	(d) The district may impose a hotel occupancy tax and may
592	592	use revenue from the tax for any district purpose that is also an
593	593	authorized use of hotel occupancy tax revenue under Chapter 351,
594	594	Tax Code.
595	595	(e) The board by order may impose, repeal, increase, or
596	596	decrease the rate of a tax on a person who, under a lease,
597	597	concession, permit, right of access, license, contract, or
598	598	agreement, pays for the use or possession or for the right to the
599	599	use or possession of a room that:
600	600	(1) is in a hotel located in the district's boundaries;
601	601	(2) costs $2 or more each day; and
602	602	(3) is ordinarily used for sleeping.
603	603	(f) The amount of the tax may not exceed seven percent of
604	604	the price paid for a room in a hotel.
605	605	(g) The district may examine and receive information
606	606	related to the imposition of hotel occupancy taxes to the same
607	607	extent as if the district were a municipality.
608	608	(h) A hotel occupancy tax imposed under this subchapter is
609	609	automatically abolished on the effective date of full-purpose
610	610	annexation by the city of the district.
611	611	[Sections 38.352-38.400 reserved for expansion]
612	612	SUBCHAPTER H. DISSOLUTION
613	613	Sec. 38.401 DISSOLUTION. (a) The district may not be
614	614	dissolved under Subchapter M, Chapter 375, Local Government Code,
615	615	or any other law that authorizes dissolution of the district until
616	616	and unless all of the district's outstanding indebtedness and
617	617	contractual obligations payable from ad valorem taxes, sales and
618	618	use taxes, assessments, or other revenue sources are paid in full
619	619	or payment is fully provided for.
620	620	(b) If the conditions of subsection (a) are satisfied, the
621	621	district may be dissolved by the affirmative vote of at least five
622	622	of the directors of the board. If the conditions of subsection (a)
623	623	are satisfied after the district has been annexed into the city for
624	624	full purposes, the city may dissolve the district by the majority
625	625	vote of its governing body.
626	626	(c) Dissolution of the district shall be in accordance with
627	627	the terms and conditions of this section and of the agreement
628	628	between the landowner and the city under Section 38.010.
629	629	(d) Sections 43.075 and 43.0715, Local Government Code, do
630	630	not apply to the district.
631	631	SECTION 2. Austin Desired Development Zone District No. 4
632	632	includes all territory contained in the following area:
633	633	A DESCRIPTION OF 475.490 ACRES IN THE SANTIAGO DEL VALLE
634	634	GRANT IN TRAVIS COUNTY, TEXAS, BEING ALL OF A 73.453 ACRE TRACT
635	635	DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC.,
636	636	DATED NOVEMBER 28, 2006 AND RECORDED IN DOCUMENT NO. 2006229773 OF
637	637	THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A 31.022
638	638	ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION
639	639	INC., DATED DECEMBER 16, 2006 AND RECORDED IN DOCUMENT NO.
640	640	2006245700 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
641	641	ALL OF A 29.293 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO
642	642	JONA ACQUISITION INC., DATED NOVEMBER 21, 2006 AND RECORDED IN
643	643	DOCUMENT NO. 2006225633 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
644	644	COUNTY, TEXAS, ALL OF A 77.22 ACRE TRACT DESCRIBED IN A SPECIAL
645	645	WARRANTY DEED TO WILLIAM D. WENDE, FRED J. WENDE, AND PRICE T.
646	646	WENDE, DATED FEBRUARY 28, 1994 AND RECORDED IN VOLUME 12171, PAGE
647	647	455 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A
648	648	58 ACRE TRACT DESCRIBED IN A WARRANTY DEED TO FRED J. WENDE DATED
649	649	DECEMBER 21, 1992 AND RECORDED IN VOLUME 11849, PAGE 396 OF THE REAL
650	650	PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A 28.461 ACRE TRACT
651	651	DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC.,
652	652	DATED SEPTEMBER 15, 2006 AND RECORDED IN DOCUMENT NO. 2006182621 OF
653	653	THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
654	654	55.222 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA
655	655	ACQUISITION INC., DATED APRIL 2, 2006 AND RECORDED IN DOCUMENT NO.
656	656	2006060712 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
657	657	A PORTION OF A 60.921 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY
658	658	DEED TO JONA ACQUISITION INC., DATED DECEMBER 12, 2006 AND RECORDED
659	659	IN DOCUMENT NO. 2006239174 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
660	660	COUNTY, TEXAS, A PORTION OF A 232.233 ACRE TRACT DESCRIBED IN A
661	661	SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO JONA ACQUISITION INC.,
662	662	DATED JANUARY 8, 2009 AND RECORDED IN DOCUMENT NO. 2009003190 OF THE
663	663	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
664	664	60.921 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA
665	665	ACQUISITION INC., DATED DECEMBER 12, 2006 AND RECORDED IN DOCUMENT
666	666	NO. 2006239174 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
667	667	TEXAS, A PORTION OF A 51.942 ACRE TRACT DESCRIBED IN A GENERAL
668	668	WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER 1, 2006 AND
669	669	RECORDED IN DOCUMENT NO. 2006233636 OF THE OFFICIAL PUBLIC RECORDS
670	670	OF TRAVIS COUNTY, TEXAS, A PORTION OF A 25.119 ACRE TRACT DESCRIBED
671	671	IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED APRIL 2,
672	672	2006 AND RECORDED IN DOCUMENT NO. 2006060707 OF THE OFFICIAL PUBLIC
673	673	RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 7.602 ACRE TRACT
674	674	DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC.,
675	675	DATED APRIL 2, 2006 AND RECORDED IN DOCUMENT NO. 2006060704 OF THE
676	676	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
677	677	23.694 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA
678	678	ACQUISITION INC., DATED APRIL 2, 2006 AND RECORDED IN DOCUMENT NO.
679	679	2006060710 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
680	680	ALL OF A 1.000 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO
681	681	JONA ACQUISITION INC., DATED JANUARY 8, 2007 AND RECORDED IN
682	682	DOCUMENT NO. 2007005138 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
683	683	COUNTY, TEXAS, A PORTION OF LOT "A" HARRY REININGER SUBDIVISION, A
684	684	SUBDIVISION OF RECORD IN VOLUME 65, PAGE 47 OF THE PLAT RECORDS OF
685	685	TRAVIS COUNTY TEXAS, CONVEYED TO JOHN HALDENSTEIN & RUTH
686	686	HALDENSTEIN IN WARRANTY DEED WITH VENDOR'S LIEN DATED SEPTEMBER 29,
687	687	2000 AND RECORDED IN DOCUMENT NO. 2000161977 OF THE OFFICIAL PUBLIC
688	688	RECORDS OF TRAVIS COUNTY TEXAS, A PORTION OF A 42.558 ACRE TRACT
689	689	DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC.,
690	690	DATED MAY 16, 2008 AND RECORDED IN DOCUMENT NO. 2008083861 OF THE
691	691	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
692	692	20.005 ACRE TRACT DESCRIBED IN A WARRANTY DEED WITH VENDOR'S LIEN TO
693	693	JOHN T. HALDENSTEIN AND JOSHUA N. HALDENSTEIN, DATED DECEMBER 14,
694	694	2000 AND RECORDED IN DOCUMENT NO. 2000203669 OF THE OFFICIAL PUBLIC
695	695	RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A 9.662 ACRE TRACT DESCRIBED
696	696	IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER
697	697	14, 2007 AND RECORDED IN DOCUMENT NO. 2007224638 OF THE OFFICIAL
698	698	PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF WENDE ROAD, A
699	699	PUBLIC ROAD IN TRAVIS COUNTY, TEXAS HAVING A RIGHT-OF-WAY WIDTH OF
700	700	40 FEET, AND A PORTION OF SASSMAN ROAD, A PUBLIC ROAD IN TRAVIS
701	701	COUNTY, TEXAS HAVING A RIGHT-OF- WAY OF VARIABLE WIDTH; SAID
702	702	475.490 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
703	703	BOUNDS AS FOLLOWS:
704	704	BEGINNING at a calculated point for a north corner of said
705	705	73.453 acre tract, same being in the east right-of-way line of
706	706	Thaxton Road, also being the west corner of a 2.76 acre tract
707	707	described in a deed of record in Volume 12562, Page 428 of the Real
708	708	Property Records of Travis County, Texas, from which a 1/2" rebar
709	709	found bears North 6156'44" West, a distance of 0.44 feet;
710	710	THENCE with the north lines of said 73.453 acre tract, same
711	711	being the south and east lines of said 2.76 acre tract, the
712	712	following two (2) courses and distances:
713	713	1. South 6156'44" East, a distance of 404.65 feet to a 1/2"
714	714	rebar found;
715	715	2. North 2752'53" East, a distance of 294.18 feet to a 1/2"
716	716	rebar found at a north corner of said 73.453 acre tract, same being
717	717	the east corner of said 2.76 acre tract, also being in the southwest
718	718	line of a 21 acre tract described in a deed of record in Volume 1945,
719	719	Page 416 of the Deed Records of Travis County, Texas;
720	720	THENCE South 6059'42" East, with the northeast line of said
721	721	73.453 acre tract, same being the southwest line of said 21 acre
722	722	tract, a distance of 2857.05 feet to a 60D nail found for the east
723	723	corner of said 73.453 acre tract, same being the south corner of
724	724	said 21 acre tract, also being in the northwest line of said 29.293
725	725	acre tract;
726	726	THENCE North 2746'44" East, with the west line of said 29.293
727	727	acre tract, same being the east line of said 21 acre tract a
728	728	distance of 1083.71 feet to a 1/2" rebar with "Chaparral Boundary"
729	729	cap found for the northwest corner of said 29.293 acre tract, same
730	730	being the northeast corner of said 21 acre tract, also being in the
731	731	south right-of-way line of Sassman Road (70' right-of-way width);
732	732	THENCE with the south right-of-way line of Sassman Road, same
733	733	being the north line of said 21 acre tract the following two (2)
734	734	courses and distances:
735	735	1. North 61Ol'51" West, a distance of 593.27 feet to a
736	736	calculated point;
737	737	2. North 6059'12" West, a distance of 1838.40 feet to a
738	738	calculated point in the south right-of-way line of Sassman Road,
739	739	same being in the north line of said 21 acre tract;
740	740	THENCE North 2900'48" East, leaving the south right-of-way
741	741	line of Sassman Road, same being the north line of said 21 acre
742	742	tract, crossing Sassman Road, a distance of 70.00 feet to a 1/2"
743	743	rebar with cap set for the southwest corner of said 232.233 acre
744	744	tract, same being the east line of a 174.4 acre tract described in a
745	745	deed of record in Volume 1549, Page 268 of the Deed Records of
746	746	Travis County, Texas;
747	747	THENCE North 2721'05" East, with the east line of said 174.4
748	748	acre tract, same being the west line of said 232.233 acre tract, a
749	749	distance of 1153.14 feet to a calculated point in the east line of
750	750	said 174.4 acre tract, same being the west line of said 232.233 acre
751	751	tract;
752	752	THENCE crossing the 232.233 acre tract the following four (4)
753	753	courses and distances:
754	754	1. Following a curve to the right, having a radius of
755	755	1400.01 feet, a delta angle of 1036'58", an arc length of 259.40
756	756	feet, and a chord which bears South 3255'40" East, a distance of
757	757	259.03 feet to a calculated point;
758	758	2. South 2737'11" East, a distance of 335.09 feet to a
759	759	calculated point for a point of curvature to the left;
760	760	3. Following said curve to the left, having a radius of
761	761	1400.01 feet, a delta angle of 3344'58", an arc length of 824.66
762	762	feet, and a chord which bears South 4429'40" East, a distance of
763	763	812.79 feet to a calculated point;
764	764	4. South 6148'21" East, a distance of 561.03 feet to a
765	765	calculated point in the east line of said 232.233 acre tract, same
766	766	being in the west line of a 20.022 acre tract conveyed to Janie Diaz
767	767	in Document No. 2006101103 and described in Document No.
768	768	2001200503, both of the Official Public Records of Travis County,
769	769	Texas;
770	770	THENCE South 2653'42" West, with the east line of said
771	771	232.233 acre tract, same being the east line of said 9.662 acre
772	772	tract, being also the west line of said 20.022 acre tract, a
773	773	distance of 624.23 feet to a calculated point for the southeast
774	774	corner of said 9.662 acre tract, same being the southwest corner of
775	775	said 20.022 acre tract, being also in the north right-of-way line of
776	776	Sassman Road;
777	777	THENCE South 6059'12" East, with the south line of said
778	778	20.022 acre tract, same being the south line of Lot 1, Hackberry
779	779	Hill Estates Section One, a subdivision of record in Volume 81, Page
780	780	241 of the Plat Records of Travis County, Texas, being also the
781	781	South right-of-way line of Sassman Road, a distance of 549.20 feet
782	782	to a calculated point south line of Lot 1, Hackberry Hill Estates
783	783	Section One, being also in the north right-of-way line of Sassman
784	784	Road;
785	785	THENCE continuing with the south line of said south line of
786	786	Lot 1, Hackberry Hill Estates Section One, same being the north
787	787	right-of-way line of Sassman Road, being also the south line of a
788	788	2.00 acre tract described in Document No. 2002227115 of the
789	789	Official Public Records of Travis County, Texas, a 1.00 acre tract
790	790	described in a deed to Gerald D. Shoulders, and Rosemary Shoulders,
791	791	of record in Volume 12233, Page 1678, of the Real Property Records
792	792	of Travis County, Texas, a described in a deed to Amir Batoeinngi,
793	793	of record in Document No. 2008060410 of the Official Public Records
794	794	of Travis County, Texas, and a 1.00 acre tract described in Document
795	795	No. 2006189910 of the Official Public Records of Travis County,
796	796	Texas, the following two (2) courses and distances:
797	797	1. South 6139'26" East, a distance of 590.84 feet to a
798	798	calculated point;
799	799	2. South 6350'26" East, a distance of 14.13 feet to a 1/2"
800	800	rebar found for the southeast corner of said 1.00 acre tract, same
801	801	being the southwest corner of said Lot A, Harry Reininger
802	802	Subdivision, being also in the north right-of-way line of Sassman
803	803	Road;
804	804	THENCE North 2609'41" East, with the west line of said Lot A,
805	805	Harry Reininger Subdivision, same being the east line of said 1.00
806	806	acre tract, a distance of 362.16 feet to a calculated point for the
807	807	northeast corner of said 1.00 acre tract, same being the southeast
808	808	corner of said 20.005 acre tract;
809	809	THENCE with the south line of said 20.005 acre tract, the
810	810	following three (3) courses and distances:
811	811	1. North 6126'42" West, with the north line of said 1.00
812	812	acre tract, a distance of 113.09 feet to a 1/2" rebar found at the
813	813	northwest corner of said 1.00 acre tract, same being in the east
814	814	line of a 1.25 acre tract described in a deed to Amir Batoeinngi, of
815	815	record in Document No. 2008060410 of the Official Public Records of
816	816	Travis County, Texas;
817	817	2. North 2821'23" East, with the east line of said
818	818	Batoeinngi tract, a distance of 106.07 feet to a 1/2" rebar found at
819	819	the northeast corner of said Batoeinngi tract;
820	820	3. North 6129'11" West, with the north line of said
821	821	Batoeinngi tract, and the north line of a 1.25 acre tract described
822	822	in a deed to Gerald D. Shoulders, and Rosemary Shoulders, of record
823	823	in Volume 12233, Page 1678, of the Real Property Records of Travis
824	824	County, Texas, a distance of 417.23 feet to a 1" iron pipe found, at
825	825	the southwest corner of said 20.005 acre tract, same being the
826	826	northwest corner of said Shoulders tract, also being in the east
827	827	line of said 20.022 acre tract;
828	828	THENCE North 2707'27" East, with the west line of said 20.005
829	829	acre tract, same being the east line of said 20.022 acre tract, a
830	830	distance of 161.94 feet to a calculated point;
831	831	THENCE crossing said Lot A, Harry Reininger Subdivision, said
832	832	20.005 acre tract, said 42.558 acre tract, said 23.694 acre tract,
833	833	said 7.602 acre tract, said 25.119 acre tract, said 55.222 acre
834	834	tract, said 51.942 acre tract, said 60.921 acre tract, said 98.656
835	835	acre tract, and Wende Road the following eleven (11) courses and
836	836	distances:
837	837	1. South 6148'21" East, a distance of 678.32 feet to a
838	838	calculated point;
839	839	2. South 2811'39" West, a distance of 1655.67 feet to a
840	840	calculated point;
841	841	3. Following a curve to the left, having a radius of 500.00
842	842	feet, a delta angle of 6945'07", an arc length of 608.70 feet, and a
843	843	chord which bears South 0640'54" East, a distance of 571.80 feet to
844	844	a calculated point
845	845	4. South 4133'28" East, a distance of 324.65 feet to a
846	846	calculated point;
847	847	5. Following a curve to the right, having a radius of 500.00
848	848	feet, a delta angle of 9625'47", an arc length of 841.51 feet, and a
849	849	chord which bears South 0639'26" West, a distance of 745.65 feet to
850	850	a calculated point
851	851	6. South 5452'19" West, a distance of 25.40 feet to a
852	852	calculated point;
853	853	7. South 3507'41" East, a distance of 344.76 feet to a
854	854	calculated point;
855	855	8. Following a curve to the right, having a radius of
856	856	1000.01 feet, a delta angle of 4036'48", an arc length of 708.84
857	857	feet, and a chord which bears South 1449'17" East, a distance of
858	858	694.09 feet to a calculated point
859	859	9. South 0529'07" West, a distance of 423.15 feet to a
860	860	calculated point;
861	861	10. Following a curve to the left, having a radius of
862	862	1800.01 feet, a delta angle of 6824'29", an arc length of 2149.12
863	863	feet, and a chord which bears South 2843'07" East, a distance of
864	864	2023.72 feet to a calculated point
865	865	11. South 6255'22" East, a distance of 149.13 feet to a
866	866	calculated point in the west right-of-way of F.M. 1626;
867	867	THENCE South 2704'38" West, with the west right-of-way line
868	868	of F. M. 1625, same being the east line of said 98.656 acre tract, a
869	869	distance of 699.69 feet to a calculated point for the southeast
870	870	corner of said 98.656 acre tract, same being the northeast corner of
871	871	a 10.067 acre tract described in a deed of record under Document No.
872	872	2003084397 of the Official Public Records of Travis County, Texas;
873	873	THENCE North 6225'04" West, with the south line of said
874	874	98.656 acre tract, same being the north line of said 10.067 acre
875	875	tract and the north line of Lot 6, Las Lomitas Subdivision, a
876	876	subdivision of record in Document No. 200200226 of the Official
877	877	Public Records of Travis County, Texas, at a distance of 0.11 feet
878	878	passing a 1/2" rebar found, and continuing for a total distance of
879	879	1097.97 feet to a 1/2" rebar found for the southwest corner of said
880	880	98.656 acre tract, same being an angle point in the north line of
881	881	said Lot 6, also being the southeast corner of said 60.921 acre
882	882	tract;
883	883	THENCE North 6226'10" West, with the south line of said
884	884	60.921 acre tract, same being the north line of said Lot 6 and the
885	885	north line of Lot 15, of said Las Lomitas Subdivision, a distance of
886	886	1283.28 feet to a 1/2" rebar with "Chaparral Boundary" cap found for
887	887	the southwest corner of said 60.921 acre tract, same being the
888	888	southeast corner of a 58 acre tract described in a deed of record in
889	889	Volume 11849, Page 396 of the Real Property Records of Travis
890	890	County, Texas, also being an angle point in the north line of said
891	891	Lot 15;
892	892	THENCE with the south line of said 58 acre tract, the
893	893	following two (2) courses and distances:
894	894	1. North 6222'47" West, with the north line of said Lot 15,
895	895	a distance of 715.30 feet to a 1/2" iron pipe found at the northwest
896	896	corner of said Lot 15, same being the northeast corner of a 96.29
897	897	acre tract described in a deed of record in Volume 12223, Page 2162
898	898	of the Real Property Records of Travis County, Texas;
899	899	2. North 6224'41" West, with the north line of said 96.29
900	900	acre tract, a distance of 1257.37 feet to a 1/2" rebar found at the
901	901	southwest corner of said 58 acre tract, same being the southeast
902	902	corner of a 77.22 acre tract described in a deed of record in Volume
903	903	12171, Page 455 of the Real Property Records of Travis County,
904	904	Texas;
905	905	THENCE North 6213'51" West, with the south line of said 77.22
906	906	acre tract, being in part the north line of said 96.29 acre tract,
907	907	in part the north line of a 1.069 acre tract and the north line of a
908	908	4.580 acre tract both described in a deed of record in Document No.
909	909	2003029766 of the Official Public Records of Travis County, Texas,
910	910	in part the north line of a 6.717 acre tract described in a deed of
911	911	record in Document No. 2003020580 of the Official Public Records of
912	912	Travis County, Texas, in part the north line of a 4.001 acre tract
913	913	described in a deed of record in Document No. 2003054456 of the
914	914	Official Public Records of Travis County, Texas, and in part the
915	915	north line of a 5.00 acre tract described in a deed of record in
916	916	Document No. 2001186136 of the Official Public Records of Travis
917	917	County, Texas, a distance of 2467.51 feet to a 3/4" iron pipe found
918	918	at the southwest corner of said 77.22 acre tract, same being the
919	919	southeast corner of a 10.00 acre tract described in a deed of record
920	920	in Document No. 2005076034 of the Official Public Records of Travis
921	921	County, Texas, also being in the north line of said 5.00 acre tract;
922	922	THENCE North 2728'37" East, with the west line of said 77.22
923	923	acre tract, same being in part the east line of said 10.00 acre
924	924	tract, in part the east line of Lots 1 and 2, Block 1, Esquivel
925	925	Subdivision, a subdivision of record in Document No. 200600043 of
926	926	the Official Public Records of Travis County, Texas, and in part the
927	927	east line of a 7.501 acre tract described in a deed of record in
928	928	Document No. 2006182751 of the Official Public Records of Travis
929	929	County, Texas, a distance of 1369.79 feet to a 1/2" rebar with
930	930	"4324" cap found at the northwest corner of said 77.22 acre tract,
931	931	same being the northeast corner of said 7.501 acre tract, also being
932	932	the southeast corner of an 8.51 acre tract described in a deed of
933	933	record in Volume 10861, Page 857 of the Real Property Records of
934	934	Travis County, Texas, also being the southwest corner of a 32.892
935	935	acre tract described in a deed of record in Volume 11513, Page 1451
936	936	of the Real Property Records of Travis County, Texas;
937	937	THENCE South 6150'26" East, with the north line of said 77.22
938	938	acre tract, same being the south line of said 32.892 acre tract, at
939	939	a distance of 2473.90 feet passing a 1/2" rebar with "4324" cap
940	940	found, and continuing for a total distance of 2474.36 feet to a
941	941	calculated point for the northeast corner of said 77.22 acre tract,
942	942	same being the southeast corner of said 32.892 acre tract, also
943	943	being in the west line of said 29.293 acre tract;
944	944	THENCE North 2746'44" East, with the west line of said 29.293
945	945	acre tract, same being the east line of said 32.892 acre and the
946	946	east line of the said remainder of a 29.94 acre tract described in a
947	947	deed of record in Volume 6132, Page 1217 of the Deed Records of
948	948	Travis County, Texas, a distance of 959.47 feet to a 1/2" rebar with
949	949	"Chaparral Boundary" cap found, for the northeast corner of said
950	950	remainder of a 29.94 acre tract, same being the southeast corner of
951	951	said 31.022 acre tract;
952	952	THENCE North 6112'34" West, with the south line of said
953	953	31.022 acre tract, same being the north line of said remainder of
954	954	29.94 acres and the north line of a 2.500 acre tract described in a
955	955	deed of record in Volume 9678, Page 891 of the Real Property Records
956	956	of Travis County, Texas, at a distance of 2.86 feet passing a 1/2"
957	957	rebar found, at a distance of 3268.31 feet passing a 1/2" rebar
958	958	found, and continuing for a total distance of 3268.82 feet to a
959	959	calculated point for the southwest corner of said 31.022 acre
960	960	tract, same being the northwest corner of said 2.500 acre tract,
961	961	also being in the east right- of-way line of Thaxton Road (50'
962	962	right-of-way);
963	963	THENCE North 2802'32" East, with the west line of said 31.022
964	964	acre tract, same being the east right-of-way line of Thaxton Road, a
965	965	distance of 417.56 feet to a 1/2" rebar found at the northwest
966	966	corner of said 31.022 acre tract, same being the southwest corner of
967	967	the remainder of a 3.22 acre tract described in a deed of record in
968	968	Volume 12562, Page 419 of the Real Property Records of Travis
969	969	County, Texas;
970	970	THENCE South 6116'30" East, with the south line of said
971	971	remainder of 3.22 acres, same being the north line of said 31.022
972	972	acre tract, a distance of 406.03 feet to a 1/2" rebar with
973	973	"Chaparral Boundary" cap found for the southeast corner of said
974	974	remainder of 3.22 acres, also being the southwest corner of an 18.38
975	975	acre tract described in a deed of record in Document No. 2007219954
976	976	of the Official Public Records of Travis County, Texas;
977	977	THENCE South 6100'23" East, continuing with the north line of
978	978	said 31.022 acre tract, same being the south line of said 18.38 acre
979	979	tract a distance of 1136.77 feet to a 1/2" rebar with cap found at
980	980	the common corner of said 18.38 acre tract and said 73.453 acre
981	981	tract;
982	982	THENCE North 2753'08" East, with a northwest line of said
983	983	73.453 acre tract, same being the southeast line of said 18.38 acre
984	984	tract, a distance of 713.60 feet to a 1/2" rebar with cap found;
985	985	THENCE North 6159'49" West, with a southwest line of said
986	986	73.453 acre tract, same being the northeast line of said 18.38 acre
987	987	tract and a 3.20 acre tract described in a deed of record in Volume
988	988	12562, Page 431 of the Real Property Records of Travis County,
989	989	Texas, conveyed in a deed of record in Volume 13116, Page 732 of the
990	990	Real Property Records of Travis County, Texas, a distance of
991	991	1540.66 feet to a 1/2" rebar with "Chaparral Boundary" cap found for
992	992	a west corner of said 73.453 acre tract, same being the north corner
993	993	of said 3.20 acre tract, also being in the east right-of-way line of
994	994	Thaxton Road;
995	995	THENCE North 2802'32" East, with a northwest line of said
996	996	73.453 acre tract, same being the east right-of-way line of Thaxton
997	997	Road, a distance of 360.56 feet to the POINT OF BEGINNING,
998	998	containing 475.490 acres of land, more or less.
999	999	SECTION 3. LEGISLATIVE FINDINGS. The legislature finds
1000	1000	that:
1001	1001	(1) The development or redevelopment in the area in
1002	1002	the proposed Austin Desired Development Zone District No. 4 would
1003	1003	not occur solely through private investment in the reasonably
1004	1004	foreseeable future;
1005	1005	(2) The area in the proposed Austin Desired
1006	1006	Development Zone District No. 4 is unproductive and underdeveloped;
1007	1007	and
1008	1008	(3) The conditions in the area of the proposed Austin
1009	1009	Desired Development Zone District No. 4 substantially arrest or
1010	1010	impair the sound growth of the area, are an economic or social
1011	1011	liability, and present a menace to the public health, safety,
1012	1012	morals, or welfare.
1013	1013	SECTION 4. (a) The legal notice of the intention to
1014	1014	introduce this Act, setting forth the general substance of this
1015	1015	Act, has been published as provided by law, and the notice and a
1016	1016	copy of this Act have been furnished to all persons, agencies,
1017	1017	officials, or entities to which they are required to be furnished
1018	1018	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
1019	1019	Government Code.
1020	1020	(b) The governor, one of the required recipients, has
1021	1021	submitted the notice and Act to the Texas Commission on
1022	1022	Environmental Quality.
1023	1023	(c) The Texas Commission on Environmental Quality has filed
1024	1024	its recommendations relating to this Act with the governor,
1025	1025	lieutenant governor, and speaker of the house of representatives
1026	1026	within the required time.
1027	1027	(d) The general law relating to consent by political
1028	1028	subdivisions to the creation of districts with conservation,
1029	1029	reclamation, and road powers and the inclusion of land in those
1030	1030	districts has been complied with.
1031	1031	(e) All requirements of the constitution and laws of this
1032	1032	state and the rules and procedures of the legislature with respect
1033	1033	to the notice, introduction, and passage of this Act have been
1034	1034	fulfilled and accomplished.
1035	1035	SECTION 5. EFFECTIVE DATE. This Act takes effect
1036	1036	immediately if it receives a vote of two-thirds of all the members
1037	1037	elected to each house, as provided by Section 39, Article III, Texas
1038	1038	Constitution. If this Act does not receive the vote necessary for
1039	1039	immediate effect, this Act takes effect September 1, 2009.