Texas 2009 - 81st Regular

Texas House Bill HB4479 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. 4479
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. 3; 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. 3
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. 3.
22	22	Sec. 38 .002. NATURE OF DISTRICT. Austin Desired
23	23	Development Zone District No. 3 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.
40	40	(a) 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, and
65	65	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 of
78	78	the Act enacting this chapter form a closure. A mistake in the field
79	79	notes or in copying the field notes in the legislative process does
80	80	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
100	100	chapter shall be liberally construed in conformity with the
101	101	findings and 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 confirm
104	104	the creation of the district and to elect four permanent directors
105	105	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
168	168	Council of the city shall appoint one director, and may appoint a
169	169	second director after notice is provided by the board to the city
170	170	under Subsection (c). A person is appointed if a majority of the
171	171	members 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 Code,
249	249	in the same manner as a municipality to which one or more of those
250	250	chapters applies.
251	251	Sec. 38 .102. AGREEMENTS; GRANTS. (a) The district may
252	252	make an agreement with or accept a gift, grant, or loan from any
253	253	person. A service agreement made by the district shall be
254	254	terminable at will and without penalty upon 30 days notice of
255	255	termination, unless the district secures the written consent of the
256	256	City of Austin to modify or exclude those termination provisions,
257	257	except for service agreements with the following persons or
258	258	entities:
259	259	(1) a developer of land within the district, as
260	260	defined by Section 49.052(d), Water Code;
261	261	(2) a government agency, entity, or political
262	262	subdivision;
263	263	(3) a retail public utility or electric cooperative,
264	264	concerning water, wastewater, gas, electricity, telecommunication,
265	265	drainage, or other utility services and facilities; or
266	266	(4) a provider of services relating to solid waste
267	267	collection, transfer, processing, reuse, resale, disposal, and
268	268	management.
269	269	(b) The implementation of a project is a governmental
270	270	function or service for the purposes of Chapter 791, Government
271	271	Code.
272	272	(c) The board may enter into a contract with the board of
273	273	directors of a tax increment reinvestment zone created under
274	274	Chapter 311, Tax Code, and the governing body of the municipality or
275	275	county that created the zone to manage the zone or implement the
276	276	project plan and reinvestment zone financing plan.
277	277	Sec. 38 .103. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
278	278	AND FIRE-FIGHTING SERVICES. (a) To protect the public interest,
279	279	the district may contract with a qualified party, including the
280	280	county or the city, for the provision of law enforcement services in
281	281	the district for a fee.
282	282	(b) The district may provide fire-fighting services under
283	283	Section 49.351, Water Code and has the powers and duties of a
284	284	municipality under Section 775.022, Health & Safety Code.
285	285	Sec. 38 .104. ECONOMIC DEVELOPMENT PROGRAMS. The district
286	286	may establish and provide for the administration of one or more
287	287	programs to promote state or local economic development and to
288	288	stimulate business and commercial activity in the district,
289	289	including programs to:
290	290	(1) make loans and grants of public money; and
291	291	(2) provide district personnel and services.
292	292	Sec. 38 .105. STRATEGIC PARTNERSHIP AGREEMENT. The
293	293	district may negotiate and enter into a written strategic
294	294	partnership with the City of Austin under Section 43.0751, Local
295	295	Government Code. A power granted to the district under this Chapter
296	296	may be restricted or prohibited by the terms and conditions of an
297	297	agreement between the City of Austin and the district under this
298	298	section.
299	299	Sec. 38 .106. LIMITED EMINENT DOMAIN. (a) The district may
300	300	exercise the power of eminent domain under Section 49.222, Water
301	301	Code.
302	302	(b) The district may not exercise the power of eminent
303	303	domain outside the district boundaries to acquire:
304	304	(1) a site for a water treatment plant, water storage
305	305	facility, wastewater treatment plant, or wastewater disposal
306	306	plant; or
307	307	(2) a recreational facility as defined by Section
308	308	49.462, Water Code.
309	309	Sec. 38 .107. ANNEXATION OR EXCLUSION OF LAND BY DISTRICT.
310	310	(a) The district may annex land as provided by Subchapter J,
311	311	Chapter 49, Water Code.
312	312	(b) The district may exclude land as provided by Subchapter
313	313	J, Chapter 49, Water Code. Section 375.044(b), Local Government
314	314	Code, does not apply to the district.
315	315	Sec. 38 .108. SUITS. The District shall not be a voluntary
316	316	party to any suit against the city by a district resident or a
317	317	person who owns property in the district unless the district has
318	318	standing to bring the suit.
319	319	[Sections 38 .109 - 38 .150 reserved for expansion]
320	320	SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
321	321	Sec. 38 .151. PUBLIC TRANSIT SYSTEM. (a) The district may
322	322	acquire, lease as lessor or lessee, construct, develop, own,
323	323	operate, and maintain a public transit system to serve the area
324	324	within the boundaries of the district.
325	325	(b) The district may contract with a regional transit
326	326	authority for the provision of a public transit system and public
327	327	transit services.
328	328	Sec. 38 .152. PARKING FACILITIES AUTHORIZED; OPERATION BY
329	329	PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire, lease
330	330	as lessor or lessee, construct, develop, own, operate, and maintain
331	331	parking facilities or a system of parking facilities, including:
332	332	(1) lots, garages, parking terminals, or other
333	333	structures or accommodations for parking motor vehicles off the
334	334	streets; and
335	335	(2) equipment, entrances, exits, fencing, and other
336	336	accessories necessary for safety and convenience in parking
337	337	vehicles.
338	338	(b) A parking facility of the district may be leased to, or
339	339	operated for the district by, an entity other than the district.
340	340	(c) The district's parking facilities are a program
341	341	authorized by the legislature under Section 52-a, Article III,
342	342	Texas Constitution.
343	343	(d) The district's parking facilities serve the public
344	344	purposes of the district and are owned, used, and held for a public
345	345	purpose even if leased or operated by a private entity for a term of
346	346	years.
347	347	(e) The district's public parking facilities and any lease
348	348	to a private entity are exempt from the payment of ad valorem taxes
349	349	and state and local sales and use taxes.
350	350	Sec. 38 .153. RULES. The district may adopt rules covering
351	351	its public transit system or its public parking system.
352	352	Sec. 38 .154. FINANCING OF PUBLIC TRANSIT SYSTEM OR PARKING
353	353	FACILITIES. (a) The district may use any of its resources,
354	354	including revenue, assessments, taxes, or grant or contract
355	355	proceeds, to pay the cost of acquiring or operating a public transit
356	356	system or public parking facilities.
357	357	(b) The district may:
358	358	(1) set, charge, impose, and collect fees, charges, or
359	359	tolls for the use of the public transit system or the public parking
360	360	facilities; and
361	361	(2) issue bonds or notes to finance the cost of these
362	362	facilities.
363	363	[Sections 38 .155 - 38 .200 reserved for expansion]
364	364	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
365	365	Sec. 38 .201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
366	366	board by resolution shall establish the number of directors'
367	367	signatures and the procedure required for a disbursement or
368	368	transfer of the district's money.
369	369	Sec. 38 .202. MONEY USED FOR IMPROVEMENTS OR SERVICES. The
370	370	district may acquire, construct, finance, operate, or maintain any
371	371	improvement or service authorized under this chapter or Chapter
372	372	375, Local Government Code, using any money available to the
373	373	district.
374	374	Sec. 38 .203. PETITION REQUIRED FOR FINANCING SERVICES AND
375	375	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
376	376	service or improvement project with assessments under this chapter
377	377	unless a written petition requesting that service or improvement
378	378	has been filed with the board.
379	379	(b) A petition filed under Subsection (a) must be signed by
380	380	the owners of a majority of the assessed value of the real property
381	381	in the district subject to assessment as determined by the most
382	382	recent certified tax appraisal roll for the county.
383	383	Sec. 38 .204. METHOD OF NOTICE FOR HEARING. The district may
384	384	mail the notice required by Section 375.115(c), Local Government
385	385	Code, by certified or first class United States mail. The board
386	386	shall determine the method of notice.
387	387	Sec. 38 .205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The
388	388	board by resolution may impose and collect an assessment for any
389	389	purpose authorized by this chapter in all or any part of the
390	390	district.
391	391	(b) An assessment, a reassessment, or an assessment
392	392	resulting from an addition to or correction of the assessment roll
393	393	by the district, penalties and interest on an assessment or
394	394	reassessment, an expense of collection, and reasonable attorney's
395	395	fees incurred by the district:
396	396	(1) are a first and prior lien against the property
397	397	assessed;
398	398	(2) are superior to any other lien or claim other than
399	399	a lien or claim for county, school district, or municipal ad valorem
400	400	taxes; and
401	401	(3) are the personal liability of and a charge against
402	402	the owners of the property even if the owners are not named in the
403	403	assessment proceedings.
404	404	(c) The lien is effective from the date of the board's
405	405	resolution imposing the assessment until the date the assessment is
406	406	paid. The board may enforce the lien in the same manner that the
407	407	board may enforce an ad valorem tax lien against real property.
408	408	(d) The board may make a correction to or deletion from the
409	409	assessment roll that does not increase the amount of assessment of
410	410	any parcel of land without providing notice and holding a hearing in
411	411	the manner required for additional assessments.
412	412	Sec. 38 .206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
413	413	ASSESSMENTS. The district may not impose an impact fee or
414	414	assessment on the property, including the equipment,
415	415	rights-of-way, facilities, or improvements, of:
416	416	(1) an electric utility or a power generation company
417	417	as defined by Section 31.002, Utilities Code;
418	418	(2) a gas utility as defined by Section 101.003 or
419	419	121.001, Utilities Code;
420	420	(3) a telecommunications provider as defined by
421	421	Section 51.002, Utilities Code; or
422	422	(4) a person who provides to the public cable
423	423	television or advanced telecommunications services.
424	424	Sec. 38 .207. RESIDENTIAL PROPERTY. Section 375.161,
425	425	Local Government Code, does not apply to the district.
426	426	Sec. 38 .208. OPERATION AND MAINTENANCE TAX. (a) If
427	427	authorized at an election held in accordance with Section 38 .212,
428	428	the district may impose an operation and maintenance tax on taxable
429	429	property in the district in accordance with Section 49.107, Water
430	430	Code, for any district purpose, including to:
431	431	(1) maintain and operate the district;
432	432	(2) construct or acquire improvements; or
433	433	(3) provide a service.
434	434	(b) The board shall determine the tax rate. The rate may not
435	435	exceed the rate approved at the election.
436	436	Sec. 38 .209. CONTRACT TAXES. (a) In accordance with
437	437	Section 49.108, Water Code, the district may impose a tax other than
438	438	an operation and maintenance tax and use the revenue derived from
439	439	the tax to make payments under a contract after the provisions of
440	440	the contract have been approved by a majority of the district voters
441	441	voting at an election held for that purpose.
442	442	(b) A contract approved by the district voters may contain a
443	443	provision stating that the contract may be modified or amended by
444	444	the board without further voter approval.
445	445	Sec. 38 .210. AUTHORITY TO ISSUE BONDS. (a) The district
446	446	may issue by competitive bid bonds, notes, or other obligations
447	447	payable wholly or partly from taxes, assessments, impact fees,
448	448	revenue, grants, or other money of the district, or any combination
449	449	of those sources of money, to pay for any authorized district
450	450	purpose.
451	451	(b) The limitation on the outstanding principal amount of
452	452	bonds, notes, and other obligations set forth in Section 49.4645,
453	453	Water Code, does not apply to the district.
454	454	Sec. 38 .211. CITY APPROVAL OF DISTRICT BONDS. (a) No
455	455	later than 30 days before the first publication of notice of sale of
456	456	a district bond, the district shall provide to the city a copy of
457	457	the district's application to the Texas Commission on Environmental
458	458	Quality for approval of the bond sale, a copy of the staff
459	459	memorandum from the Texas Commission on Environmental Quality
460	460	approving the projects and the bonds, the proposed bond resolution,
461	461	the preliminary official statement for the bond sale, the bid form,
462	462	and the notice of sale, as applicable.
463	463	(b) The city may refuse to approve a bond sale only if the
464	464	city determines that issuance of the bonds would cause the district
465	465	to be substantially out of compliance with a material provision of a
466	466	written agreement with the city under Section 38 .010, Section 38
467	467	.105, or any other written agreement with the city pertaining to the
468	468	district's creation or operation.
469	469	(c) The city shall notify the district of its refusal to
470	470	approve a bond sale under Subsection(b) no later than the 15th day
471	471	after its receipt of the information provided under Subsection (a),
472	472	or the bond sale shall be deemed to be approved by the City.
473	473	(d) The district shall not issue or sell a bond that the city
474	474	has refused to approve under this section.
475	475	Sec. 38 .212. TAXES FOR BONDS. At the time the district
476	476	issues bonds payable wholly or partly from ad valorem taxes, the
477	477	board shall provide for the annual imposition of a continuing
478	478	direct annual ad valorem tax, without limit as to rate or amount,
479	479	for each year while all or part of the bonds are outstanding as
480	480	required and in the manner provided by Sections 54.601 and 54.602,
481	481	Water Code.
482	482	Sec. 38 .213. ELECTIONS REGARDING TAXES AND BONDS. (a)
483	483	The district may issue, without an election, bonds, notes, and
484	484	other obligations secured by:
485	485	(1) revenue other than ad valorem taxes; or
486	486	(2) contract payments described by Section 38 .209.
487	487	(b) The district shall hold an election in the manner
488	488	provided by Subchapter L, Chapter 375, Local Government Code, to
489	489	obtain voter approval before the district imposes an ad valorem tax
490	490	or sales and use tax or issues bonds payable from ad valorem taxes.
491	491	(c) Section 375.243, Local Government Code, does not apply
492	492	to the district.
493	493	(d) All or any part of any facilities or improvements which
494	494	may be acquired by a district by the issuance of its bonds may be
495	495	included in one single proposition to be voted on at the election or
496	496	the bonds may be submitted in several propositions.
497	497	Sec. 38 .214. CITY NOT REQUIRED TO PAY DISTRICT
498	498	OBLIGATIONS. Except as provided by Section 375.263, Local
499	499	Government Code, the city is not required to pay a bond, note, or
500	500	other obligation of the district.
501	501	Sec. 38 .215. COMPETITIVE BIDDING. Subchapter I, Chapter
502	502	49, Water Code, applies to the district. Subchapter K, Chapter 375,
503	503	Local Government Code, does not apply to the district if the
504	504	district complies with the requirements of Section 375.222, Local
505	505	Government Code, as it existed on January 1, 2009.
506	506	Sec. 38 .216. TAX AND ASSESSMENT ABATEMENTS. The district
507	507	may grant in the manner authorized by Chapter 312, Tax Code, an
508	508	abatement for a tax or assessment owed to the district.
509	509	Sec. 38 .217. TAX INCREMENT FINANCING POWERS. (a) The
510	510	district may designate all or any part of the district as a tax
511	511	increment reinvestment zone, and the district may use tax increment
512	512	financing under Chapter 311, Tax Code, in the manner provided by
513	513	that chapter for a municipality, except as modified by this
514	514	section.
515	515	(b) The district has all powers provided under Chapter 311,
516	516	Tax Code.
517	517	(c) The district and an overlapping taxing unit may enter
518	518	into an interlocal agreement for the payment of all or a portion of
519	519	the tax increment of the unit to the district.
520	520	(d) For the purpose of tax increment financing under this
521	521	section, the board functions as the board of directors of the
522	522	reinvestment zone. Section 311.009, Tax Code, does not apply to the
523	523	district.
524	524	[Sections 38 .218 - 38 .300 reserved for expansion]
525	525	SUBCHAPTER F. SALES AND USE TAX
526	526	Sec. 38 .301. MEANINGS OF WORDS AND PHRASES. Words and
527	527	phrases used in this subchapter that are defined by Chapters 151 and
528	528	321, Tax Code, have the meanings assigned by Chapters 151 and 321,
529	529	Tax Code.
530	530	Sec. 38 .302. APPLICABILITY OF CERTAIN TAX CODE PROVISIONS.
531	531	(a) Except as otherwise provided by this subchapter, Subtitles A
532	532	and B, Title 2, Tax Code, and Chapter 151, Tax Code, apply to taxes
533	533	imposed under this subchapter and to the administration and
534	534	enforcement of those taxes in the same manner that those laws apply
535	535	to state taxes.
536	536	(b) Chapter 321, Tax Code, relating to municipal sales and
537	537	use taxes, applies to the application, collection, charge, and
538	538	administration of a sales and use tax imposed under this subchapter
539	539	to the extent consistent with this chapter, as if references in
540	540	Chapter 321, Tax Code, to a municipality referred to the district
541	541	and references to a governing body referred to the board.
542	542	(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404,
543	543	321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
544	544	apply to a tax imposed under this subchapter.
545	545	Sec. 38 .303. AUTHORIZATION; ELECTION. (a) The district
546	546	may adopt a sales and use tax to serve the purposes of the district
547	547	after an election in which a majority of the voters of the district
548	548	voting in the election authorize the adoption of the tax.
549	549	(b) The board by order may call an election to authorize a
550	550	sales and use tax. The election may be held with any other district
551	551	election.
552	552	(c) The district shall provide notice of the election and
553	553	shall hold the election in the manner prescribed by Section 38.212.
554	554	(d) The ballots shall be printed to provide for voting for
555	555	or against the proposition: "Authorization of a sales and use tax in
556	556	Austin Desired Development Zone Management District No. 3 at a rate
557	557	not to exceed [ ] percent."
558	558	Sec. 38 .304. ABOLISHING SALES AND USE TAX. (a) Except as
559	559	provided in Subsection (b), the board may abolish the sales and use
560	560	tax without an election.
561	561	(b) The board may not abolish the sales and use tax if the
562	562	district has outstanding debt secured by the tax.
563	563	(c) Notwithstanding subsection (b), a sales and use tax
564	564	adopted under this subchapter is automatically abolished on the
565	565	effective date of full-purpose annexation by the city of the
566	566	district.
567	567	Sec. 38 .305. SALES AND USE TAX RATE. (a) On adoption of
568	568	the tax authorized by this subchapter, there is imposed a tax on the
569	569	receipts from the sale at retail of taxable items within the
570	570	district, and an excise tax on the use, storage, or other
571	571	consumption within the district of taxable items purchased, leased,
572	572	or rented from a retailer within the district during the period that
573	573	the tax is in effect.
574	574	(b) The board shall determine the rate of the tax, which may
575	575	be in one-eighth of one percent increments not to exceed the maximum
576	576	rate authorized by the district voters at the election. The board
577	577	may lower the tax rate to the extent it does not impair any
578	578	outstanding debt or obligations payable from the tax.
579	579	(c) The rate of the excise tax is the same as the rate of the
580	580	sales tax portion of the tax and is applied to the sales price of the
581	581	taxable item.
582	582	[Sections 38 .306 - 38 .350 reserved for expansion]
583	583	SUBCHAPTER G. HOTEL OCCUPANCY TAXES
584	584	Sec. 38 .351. HOTEL OCCUPANCY TAX. (a) In this section,
585	585	"hotel" has the meaning assigned by Section 156.001, Tax Code.
586	586	(b) For purposes of this section, a reference in Chapter
587	587	351, Tax Code, to a municipality is a reference to the district and
588	588	a reference in Chapter 351, Tax Code, to the municipality's
589	589	officers or governing body is a reference to the board.
590	590	(c) Except as inconsistent with this section, Subchapter A,
591	591	Chapter 351, Tax Code, governs a hotel occupancy tax authorized by
592	592	this section.
593	593	(d) The district may impose a hotel occupancy tax and may
594	594	use revenue from the tax for any district purpose that is also an
595	595	authorized use of hotel occupancy tax revenue under Chapter 351,
596	596	Tax Code.
597	597	(e) The board by order may impose, repeal, increase, or
598	598	decrease the rate of a tax on a person who, under a lease,
599	599	concession, permit, right of access, license, contract, or
600	600	agreement, pays for the use or possession or for the right to the
601	601	use or possession of a room that:
602	602	(1) is in a hotel located in the district's boundaries;
603	603	(2) costs $2 or more each day; and
604	604	(3) is ordinarily used for sleeping.
605	605	(f) The amount of the tax may not exceed seven percent of the
606	606	price paid for a room in a hotel.
607	607	(g) The district may examine and receive information
608	608	related to the imposition of hotel occupancy taxes to the same
609	609	extent as if the district were a municipality.
610	610	(h) A hotel occupancy tax imposed under this subchapter is
611	611	automatically abolished on the effective date of full-purpose
612	612	annexation by the city of the district.
613	613	[Sections 38 .352 - 38 .400 reserved for expansion]
614	614	SUBCHAPTER H. DISSOLUTION
615	615	Sec. 38 .401 DISSOLUTION. (a) The district may not be
616	616	dissolved under Subchapter M, Chapter 375, Local Government Code,
617	617	or any other law that authorizes dissolution of the district until
618	618	and unless all of the district's outstanding indebtedness and
619	619	contractual obligations payable from ad valorem taxes, sales and
620	620	use taxes, assessments, or other revenue sources are paid in full or
621	621	payment is fully provided for.
622	622	(b) If the conditions of subsection (a) are satisfied, the
623	623	district may be dissolved by the affirmative vote of at least five
624	624	of the directors of the board. If the conditions of subsection (a)
625	625	are satisfied after the district has been annexed into the city for
626	626	full purposes, the city may dissolve the district by the majority
627	627	vote of its governing body.
628	628	(c) Dissolution of the district shall be in accordance with
629	629	the terms and conditions of this section and of the agreement
630	630	between the landowner and the city under Section 38 .010.
631	631	(d) Sections 43.075 and 43.0715, Local Government Code, do
632	632	not apply to the district.
633	633	SECTION 2. Austin Desired Development Zone District No. 3
634	634	includes all territory contained in the following area:
635	635	A DESCRIPTION OF 751.054 ACRES IN THE SANTIAGO DEL VALLE
636	636	GRANT IN TRAVIS COUNTY, TEXAS, BEING ALL OF 37.306 ACRE TRACT AND AN
637	637	18.810 ACRE TRACT DESCRIBED AS PART 1 AND PART 2 IN A SPECIAL
638	638	WARRANTY DEED TO JONA ACQUISITION INC., DATED OCTOBER 26, 2006 AND
639	639	RECORDED IN DOCUMENT NO. 2006209327 OF THE OFFICIAL PUBLIC RECORDS
640	640	OF TRAVIS COUNTY, TEXAS, ALL OF A 6.934 ACRE TRACT DESCRIBED IN A
641	641	SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED OCTOBER 26,
642	642	2006 AND RECORDED IN DOCUMENT NO. 2006209330 OF THE OFFICIAL PUBLIC
643	643	RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF AN 82.844 ACRE TRACT, A
644	644	PORTION OF A 20.807 ACRE TRACT, AND ALL OF A 25.735 ACRE TRACT
645	645	DESCRIBED AS EXHIBIT A-1, A-2, AND A-3 IN A SPECIAL WARRANTY DEED TO
646	646	JONA ACQUISITION INC., DATED JANUARY 3, 2007 AND RECORDED IN
647	647	DOCUMENT NO. 2007003159 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
648	648	COUNTY, TEXAS, ALL OF AN 89.256 ACRE TRACT AND A 2.731 ACRE TRACT
649	649	DESCRIBED AS TRACT 1 AND TRACT 2 IN A SPECIAL WARRANTY DEED TO JONA
650	650	ACQUISITION INC., DATED JULY 9, 2007 AND RECORDED IN DOCUMENT NO.
651	651	2007126375 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
652	652	ALL OF A 61.071 ACRE, A PORTION OF A 67.339 ACRE TRACT DESCRIBED AS
653	653	TRACT 1 AND TRACT 2 IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION
654	654	INC., DATED NOVEMBER 7, 2007 AND RECORDED IN DOCUMENT NO.
655	655	2007204509 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
656	656	A PORTION OF A 138.540 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY
657	657	DEED TO JONA ACQUISITION INC., DATED MARCH 2, 2007 AND RECORDED IN
658	658	DOCUMENT NO. 2007038642 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
659	659	COUNTY, TEXAS, A PORTION OF AN 81.018 ACRE TRACT DESCRIBED IN A
660	660	SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER 12,
661	661	2006 AND RECORDED IN DOCUMENT NO. 2006246454 OF THE OFFICIAL PUBLIC
662	662	RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 198.302 ACRE TRACT
663	663	DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC.,
664	664	DATED DECEMBER 20, 2006 AND RECORDED IN DOCUMENT NO. 2006244772 OF
665	665	THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
666	666	232.233 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED WITH
667	667	VENDOR'S LIEN TO JONA ACQUISITION INC., DATED JANUARY 8, 2009 AND
668	668	RECORDED IN DOCUMENT NO. 2009003190 OF THE OFFICIAL PUBLIC RECORDS
669	669	OF TRAVIS COUNTY, TEXAS, All OF A 8.282 ACRE TRACT DESCRIBED IN A
670	670	SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO JONA ACQUISITION INC.,
671	671	DATED JANUARY 8, 2009 AND RECORDED IN DOCUMENT NO. 2009003078 OF THE
672	672	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
673	673	42.558 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA
674	674	ACQUISITION INC., DATED MAY 16, 2008 AND RECORDED IN DOCUMENT NO.
675	675	2008083861 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
676	676	A PORTION OF A 20.005 ACRE TRACT DESCRIBED IN A WARRANTY DEED WITH
677	677	VENDOR'S LIEN TO JOHN T. HALDENSTEIN AND JOSHUA N. HALDENSTEIN,
678	678	DATED DECEMBER 14, 2000 AND RECORDED IN DOCUMENT NO. 2000203669 OF
679	679	THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF
680	680	LOT A HARRY REININGER SUBDIVISION, A SUBDIVISION OF RECORD IN
681	681	VOLUME 65, PAGE 47 OF THE PLAT RECORDS OF TRAVIS COUNTY TEXAS,
682	682	CONVEYED TO JOHN HALDENSTEIN & RUTH HALDENSTEIN IN WARRANTY DEED
683	683	WITH VENDOR'S LIEN DATED SEPTEMBER 29, 2000 AND RECORDED IN
684	684	DOCUMENT NO. 2000161977 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
685	685	COUNTY TEXAS, A PORTION OF F.M. 1625, A FARM TO MARKET ROAD IN
686	686	TRAVIS COUNTY, TEXAS HAVING A RIGHT-OF-WAY WIDTH OF 80 FEET, AND A
687	687	PORTION OF COLTON BLUFF SPRINGS ROAD, A PUBLIC ROAD IN TRAVIS
688	688	COUNTY, TEXAS HAVING A RIGHT-OF-WAY OF VARIABLE WIDTH; SAID 751.054
689	689	ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
690	690	FOLLOWS:
691	691	BEGINNING at a 1/2" rebar found at the intersection of the
692	692	north right-of-way line of Colton Bluff Springs Road (right-of- way
693	693	width varies) and the east right-of-way line of McKinney Falls
694	694	Parkway (right-of-way width varies), same being the southwest
695	695	corner of said 56.116 acre tract, further being the southwest
696	696	corner of Part 2 of said 56.116 acre tract, being described in two
697	697	parts in said Documents 2006209327 and 2006209329;
698	698	THENCE with the east right-of-way line of McKinney Falls
699	699	Parkway, same being the west line of said Part 2, the following
700	700	eight (8) courses and distances:
701	701	1. North 2721'06" East, a distance of 512.58 feet to a 1/2"
702	702	rebar with plastic "Chaparral Boundary" cap found;
703	703	2. North 2733'21" East, a distance of 469.00 feet to a 1/2"
704	704	rebar found;
705	705	3. North 3128'32" East, a distance of 250.68 feet to a 1/2"
706	706	rebar with plastic "Chaparral Boundary" cap found;
707	707	4. North 3658'44" East, a distance of 152.12 feet to a 1/2"
708	708	rebar with plastic "Chaparral Boundary" cap found;
709	709	5. North 2730'59" East, a distance of 100.03 feet to a 1/2"
710	710	rebar with plastic "Chaparral Boundary" cap found;
711	711	6. North 1049'02" East, a distance of 52.22 feet to a 1/2"
712	712	rebar with plastic "Chaparral Boundary" cap found;
713	713	7. North 2730'59" East, a distance of 144.75 feet to a 1/2"
714	714	rebar with plastic "Chaparral Boundary" cap found;
715	715	8. North 7230'59" East, a distance of 38.19 feet to a 1/2"
716	716	rebar found at the northwest corner of said Part 2, same being in
717	717	the south line of a Street Dedication of record in Volume 9769, Page
718	718	505 of the Real Property Records of Travis County, Texas;
719	719	THENCE with the south line of said Street Dedication, same
720	720	being the north line of said Part 2, the following two (2) courses
721	721	and distances:
722	722	1. South 6235'22" East, a distance of 511.46 feet to a
723	723	1/2" rebar with plastic "Chaparral Boundary" cap found;
724	724	2. With a curve to the left, having a radius of 1456.55 feet,
725	725	a delta angle of 1602'42", an arc length of 407.89 feet, and a chord
726	726	which bears South 7036'42" East, a distance of 406.56 feet to a 1/2"
727	727	rebar with plastic "Chaparral Boundary" cap found at the northeast
728	728	corner of said Part 2, same being the southeast corner of said
729	729	Street Dedication, also being in the west line of said 25.735 acre
730	730	tract;
731	731	THENCE North 2756'44" East, with the east line of said Street
732	732	Dedication, same being the west line of said 25.735 acre tract, a
733	733	distance of 125.71 feet to a 1/2" rebar with plastic "Chaparral
734	734	Boundary" cap found at the northeast corner of said Street
735	735	Dedication, same being the southeast corner of Part 1 of said 56.116
736	736	acre tract;
737	737	THENCE with the north line of said Street Dedication, same
738	738	being the south line of said Part 1, the following two (2) courses
739	739	and distances:
740	740	1. With a curve to the right, having a radius of 1336.55
741	741	feet, a delta angle of 1734'58", an arc length of 410.16 feet, and a
742	742	chord which bears North 7122'51" West, a distance of 408.55 feet to
743	743	a 1/2" rebar with plastic "Chaparral Boundary" cap found;
744	744	2. North 6235'22" West, a distance of 511.90 feet to a 1/2"
745	745	rebar found in the east right-of-way line of McKinney Falls
746	746	Parkway, same being the southwest corner of said Part 1;
747	747	THENCE with the east right-of-way line of McKinney Falls
748	748	Parkway, same being the west line of said Part 1, the following
749	749	three (3) courses and distances:
750	750	1. North 1727'12" West, a distance of 16.96 feet to a 1/2"
751	751	rebar with plastic "Chaparral Boundary" cap found;
752	752	2. North 2732'48" East, a distance of 696.37 feet to a 1/2"
753	753	rebar with plastic "Chaparral Boundary" cap found;
754	754	3. North 2538'36" East, a distance of 302.02 feet to a 1/2"
755	755	rebar with plastic "Chaparral Boundary" cap found at the northwest
756	756	corner of said Part 1, same being in the south line of said 6.934
757	757	acre tract;
758	758	THENCE continuing with the east right-of-way line of McKinney
759	759	Falls Parkway, same being the south and west lines of said 6.934
760	760	acre tract, the following two (2) courses and distances:
761	761	1. North 4813'16" West, a distance of 15.47 feet to a 1/2"
762	762	rebar with plastic "Chaparral Boundary" cap found at the southwest
763	763	corner of said 6.934 acre tract;
764	764	2. North 2731'46" East, a distance of 192.99 feet to a
765	765	calculated point for the northwest corner of said 6.934 acre tract,
766	766	same being the southwest corner of a 6.924 acre tract described in a
767	767	deed of record in Volume 12861, Page 391 of the Real Property
768	768	Records of Travis County, Texas;
769	769	THENCE South 4813'04" East, with the north line of said 6.934
770	770	acre tract, same being the south line of said 6.924 acre tract, at a
771	771	distance of 0.20 feet passing a 1/2" rebar found, and continuing for
772	772	a total distance of 1617.68 feet to a 1/2" rebar found at the
773	773	northeast corner of said 6.934 acre tract, same being the southeast
774	774	corner of said 6.924 acre tract, also being in the west line of said
775	775	89.256 acre tract;
776	776	THENCE North 2809'13" East, with the west line of said 89.256
777	777	acre tract, same being the east line of said 6.924 acre tract and
778	778	the east line of a two acre tract described in a deed of record in
779	779	Volume 6757, Page 601 of the Deed Records of Travis County, Texas,
780	780	being also the east line of a 6.997 acre tract described in a deed of
781	781	record in Document No. 2006063521 of the Official Public Records of
782	782	Travis County, Texas, a distance of 576.68 feet to a 1/2" rebar with
783	783	cap found at the northwest corner of said 89.256 acre tract, same
784	784	being the northeast corner of said 6.997 acre tract, also being in
785	785	the south line of Myrtle - 29 Ac., D. G. Collins Estate, a
786	786	subdivision of record in Volume 3, Page 220 of the Plat Records of
787	787	Travis County, Texas;
788	788	THENCE South 4806'08" East, with the north line of said
789	789	89.256 acre tract, same being the south line of said Myrtle - 29 Ac.
790	790	and the south line of John B. 18 Ac., D. G. Collins Estate, a
791	791	distance of 1231.54 feet to a 1/2" rebar found at the northeast
792	792	corner of said 89.256 acre tract, same being the northwest corner of
793	793	said 82.844 acre tract, also being in the south line of said John B.
794	794	18 Ac.;
795	795	THENCE South 4820'11" East, with the north line of said
796	796	82.844 acre tract, same being the south line of said John B. 18 Ac.,
797	797	the south line of John B. 11.50 Ac., D. G. Collins Estate, and the
798	798	south line of a 52.418 acre tract described in a deed of record in
799	799	Document No. 2004080843 of the Official Public Records of Travis
800	800	County, Texas, a distance of 1354.84 feet to a 1/2" rebar found at
801	801	the northeast corner of said 82.844 acre tract, same being the
802	802	northwest corner of a 2.899 acre tract described in said Document
803	803	No. 2004080843, also being in the south line of said 52.418 acre
804	804	tract;
805	805	THENCE with the east line of said 82.844 acre tract, same
806	806	being the west line of said 2.899 acre tract, the following four (4)
807	807	courses and distances:
808	808	1. South 2702'48" West, a distance of 87.42 feet to a 1/2"
809	809	rebar found;
810	810	2. South 2805'48" West, a distance of 57.15 feet to a 1/2"
811	811	rebar found;
812	812	3. South 2628'48" West, a distance of 262.67 feet to a 1/2"
813	813	rebar found;
814	814	4. South 2658'48" West, a distance of 2126.73 feet to a 1/2"
815	815	rebar found at the southeast corner of said 82.844 acre tract, same
816	816	being the southwest corner of said 2.899 acre tract, also being in
817	817	the north right-of-way line of Colton Bluff Springs Road,
818	818	THENCE South 6334'23" East, with the north right-of-way line
819	819	of Colton Bluff Springs Road, same being the south line of said
820	820	2.899 acre tract, a distance of 49.99 feet to a 1/2" rebar found for
821	821	the southeast corner of said 2.899 acre tract, same being the
822	822	southwest corner of said 61.071 acre tract;
823	823	THENCE North 2658'22" East, with the west line of said 61.071
824	824	acre tract, same being the east line of said 2.899 acre tract, a
825	825	distance of 2520.59 feet to 1/2" rebar found for the northwest
826	826	corner of said 61.071 acre tract, same being the northeast corner of
827	827	said 2.899 acre tract, being also in the south line of said 52.418
828	828	acre tract;
829	829	THENCE South 4755'49" East, with the north line of said
830	830	61.071 acre tract, same being the south line of said 52.418 acre
831	831	tract, a distance of 467.09 feet to a 1/2" rebar found at the
832	832	southeast corner of said 52.418 acre tract, same being the
833	833	southwest corner of a 26.57 acre tract described in a deed of record
834	834	in Volume 2814, Page 127 of the Deed Records of Travis County,
835	835	Texas;
836	836	THENCE South 4639'23" East, continuing with the north line of
837	837	said 61.071 acre tract, same being the south line of said 26.57 acre
838	838	tract, the south line of a 29.02 acre tract described in a deed of
839	839	record in Volume 7967, Page 611 of the Deed Records of Travis
840	840	County, Texas, and the south line of a 380.080 acre tract described
841	841	in a deed of record in Volume 12791, Page 11 of the Real Property
842	842	Records of Travis County, Texas, a distance of 712.33 feet to a 1/2"
843	843	rebar with "Chaparral Boundary" cap found at the northeast corner
844	844	of said 61.071 acre tract, same being a southwest corner of the said
845	845	380.080 acre tract;
846	846	THENCE South 2638'45" West, with the east line of said 61.071
847	847	acre tract, same being the west line of said 380.080 acre tract, a
848	848	distance of 120.93 feet to a 3/4" iron pipe found at the southwest
849	849	corner of said 380.080 acre tract, same being the northwest corner
850	850	of said 138.540 acre tract;
851	851	THENCE with the common line of said 138.540 acre tract and
852	852	said 380.080 acre tract, the following two (2) courses and
853	853	distances:
854	854	1. South 4744'05" East, a distance of 309.95 feet to a 3/4"
855	855	iron pipe found;
856	856	2. South 4734'32" East, a distance of 2606.84 feet to a 1/2"
857	857	iron pipe found;
858	858	THENCE crossing said 138.540 acre tract, said 20.807 acre
859	859	tract, said 81.018 acre tract, said 67.339 acre tract, said 198.302
860	860	acre tract, said 232.233 acre tract, said 37.390 acre tract, said
861	861	42.558 acre tract, said 20.005 acre tract, said Lot A, Harry
862	862	Reininger Subdivision, said F.M. 1625, and Colton Bluff Springs
863	863	Road the following thirty-four (34) courses and distances:
864	864	1. South 2706'46" West, a distance of 3.11 feet to a
865	865	calculated point;
866	866	2. South 4734'32" East, a distance of 43.08 feet to a
867	867	calculated point for a point of curvature to the left;
868	868	3. Following said curve to the left, having a radius of
869	869	2003.01 feet, a delta angle of 2231'58", an arc length of 787.73
870	870	feet, and a chord which bears South 5850'31" East, a distance of
871	871	782.66 feet to a calculated point;
872	872	4. South 1953'30" West, a distance of 342.27 feet to a
873	873	calculated point for a point of curvature to the left;
874	874	5. Following said curve to the left, having a radius of
875	875	500.00 feet, a delta angle of 4114'06", an arc length of 359.84
876	876	feet, and a chord which bears South 0043'33" East, a distance of
877	877	352.13 feet to a calculated point;
878	878	6. South 2120'36" East, a distance of 811.55 feet to a
879	879	calculated point for a point of curvature to the right;
880	880	7. Following said curve to the right, having a radius of
881	881	1450.01 feet, a delta angle of 4832'03", an arc length of 1228.27
882	882	feet, and a chord which bears South 0255'25" West, a distance of
883	883	1191.88 feet to a calculated point;
884	884	8. South 2711'27" West, a distance of 173.86 feet to a
885	885	calculated point;
886	886	9. North 6255'18" West, a distance of 587.80 feet to a
887	887	calculated point;
888	888	10. North 2704'42" East, a distance of 84.03 feet to a
889	889	calculated point;
890	890	11. North 6255'18" West, a distance of 7.00 feet to a
891	891	calculated point for a point of curvature to the left;
892	892	12. Following said curve to the left, having a radius of
893	893	668.00 feet, a delta angle of 9000'00", an arc length of 1049.30
894	894	feet, and a chord which bears North 1755'18" West, a distance of
895	895	944.70 feet to a calculated point;
896	896	13. North 6255'18" West, a distance of 878.22 feet to a
897	897	calculated point for a point of curvature to the right;
898	898	14. Following said curve to the right, having a radius of
899	899	782.00 feet, a delta angle of 3006'07", an arc length of 410.85
900	900	feet, and a chord which bears North 4752'15" West, a distance of
901	901	406.14 feet to a calculated point;
902	902	15. North 3249'11" West, a distance of 345.55 feet to a
903	903	calculated point for a point of curvature to the left;
904	904	16. Following said curve to the left, having a radius of
905	905	720.83 feet, a delta angle of 2051'58", an arc length of 262.52
906	906	feet, and a chord which bears North 4312'50" West, a distance of
907	907	261.07 feet to a calculated point;
908	908	17. North 5338'49" West, a distance of 589.06 feet to a
909	909	calculated point for a point of curvature to the right;
910	910	18. Following said curve to the right, having a radius of
911	911	434.00 feet, a delta angle of 1637'02", an arc length of 125.87
912	912	feet, and a chord which bears North 4520'18" West, a distance of
913	913	125.43 feet to a calculated point;
914	914	19. North 3701'48" West, a distance of 185.80 feet to a
915	915	calculated point for a point of curvature to the left;
916	916	20. Following said curve to the left, having a radius of
917	917	923.51 feet, a delta angle of 1415'58", an arc length of 229.94
918	918	feet, and a chord which bears North 4409'47" West, a distance of
919	919	229.35 feet to a calculated point;
920	920	21. North 5117'46" West, a distance of 107.66 feet to a
921	921	calculated point for a point of curvature to the right;
922	922	22. Following said curve to the right, having a radius of
923	923	1226.51 feet, a delta angle of 1603'46", an arc length of 343.85
924	924	feet, and a chord which bears North 4315'53" West, a distance of
925	925	342.73 feet to a calculated point;
926	926	23. South 5440'51" West, a distance of 483.26 feet to a
927	927	calculated point for a point of curvature to the right;
928	928	24. Following said curve to the right, having a radius of
929	929	1000.01 feet, a delta angle of 2904'06", an arc length of 507.34
930	930	feet, and a chord which bears South 6917'59" West, a distance of
931	931	501.92 feet to a calculated point for a point of reverse curvature
932	932	to the left;
933	933	25. Following said curve to the left, having a radius of
934	934	1600.01 feet, a delta angle of 10824'34", an arc length of 3027.38
935	935	feet, and a chord which bears South 2704'42" West, a distance of
936	936	2595.57 feet to a calculated point;
937	937	26. South 2707'35" East, a distance of 204.28 feet to a
938	938	calculated point for a point of curvature to the left;
939	939	27. Following said curve to the left, having a radius of
940	940	800.00 feet, a delta angle of 3547'43", an arc length of 499.80
941	941	feet, and a chord which bears South 4501'27" East, a distance of
942	942	491.71 feet to a calculated point;
943	943	28. South 6255'18" East, a distance of 280.83 feet to a
944	944	calculated point for a point of curvature to the right;
945	945	29. Following said curve to the right, having a radius of
946	946	1000.01 feet, a delta angle of 3722'12", an arc length of 652.23
947	947	feet, and a chord which bears South 4414'12" East, a distance of
948	948	640.74 feet to a calculated point;
949	949	30. South 2533'06" East, a distance of 187.89 feet to a
950	950	calculated point for a point of curvature to the left;
951	951	31. Following said curve to the left, having a radius of
952	952	531.00 feet, a delta angle of 3615'15", an arc length of 335.99
953	953	feet, and a chord which bears South 4619'17" West, a distance of
954	954	330.42 feet to a calculated point;
955	955	32. South 6148'21" East, a distance of 6.57 feet to a
956	956	calculated;
957	957	33. South 2811'39" West, a distance of 913.30 feet to a
958	958	calculated;
959	959	34. North 6148'21" West, a distance of 678.32 feet to a
960	960	calculated in the west line of said 20.005 acre tract, same being
961	961	the east line of a 20.022 acre tract conveyed to Janie Diaz in
962	962	Document No. 2006101103 and described in Document No. 2001200503,
963	963	both of the Official Public Records of Travis County, Texas;
964	964	THENCE North 2707'27" East, with the west line of said 20.005
965	965	acre tract, same being the east line of said 20.022 acre tract, at a
966	966	distance of 1097.89 feet passing a 1/2" rebar found, and continuing
967	967	for a total distance of 1099.28 feet to a calculated point for the
968	968	northwest corner of said 20.005 acre tract, same being the
969	969	northeast corner of said 20.022 acre tract, being also the south
970	970	line of said 198.302 acre tract;
971	971	THENCE North 6321'03" West, with the south line of said
972	972	198.302 acre tract, same being the north line of said 20.022 acre
973	973	tract, a distance of 626.61 feet to a 1/2" rebar found for the
974	974	southwest corner of said 198.302 acre tract, same being the
975	975	northwest corner of said 20.022 acre tract, also being in the east
976	976	line of said 232.233 acre tract;
977	977	THENCE South 2653'42" West, with the east line of said
978	978	232.233 acre tract, same being the west line of said 20.022 acre
979	979	tract, at a distance of 1082.47 feet to a calculated point in the
980	980	west line of said 20.022 acre tract, same being the east line of
981	981	said 232.233 acre tract;
982	982	THENCE crossing said 232.233 acre tract, the following four
983	983	(4) courses and distances:
984	984	1. North 6148'21" West, a distance of 561.03 feet to a
985	985	calculated point for a point of curvature to the right;
986	986	2. Following said curve to the right, having a radius of
987	987	1400.01 feet, a delta angle of 3344'58", an arc length of 824.66
988	988	feet, and a chord which bears North 4429'40" West, a distance of
989	989	812.79 feet to a calculated point;
990	990	3. North 2737'11" West, a distance of 335.09 feet to a
991	991	calculated point for a point of curvature to the left;
992	992	4. Following said curve to the left, having a radius of
993	993	1400.01 feet, a delta angle of 1036'58", an arc length of 259.40
994	994	feet, and a chord which bears North 3255'40" West, a distance of
995	995	259.03 feet to a calculated point in the west line of said 232.233
996	996	acre tract, same being the east line of a 174.4 acre tract described
997	997	in a deed of record in Volume 1549, Page 268 of the Deed Records of
998	998	Travis County, Texas;
999	999	THENCE North 2721'05" East, with the east line of said 174.4
1000	1000	acre tract, same being the west line of said 232.233 acre tract, a
1001	1001	distance of 788.45 feet to a 1/2" rebar with cap set for the
1002	1002	southeast corner of said 9 acre tract;
1003	1003	THENCE crossing said 174.4 acre tract, with the south and
1004	1004	west lines of said 232.233 acre tract, the following three (3)
1005	1005	courses and distances:
1006	1006	1. North 6242'32" West, a distance of 500.00 feet to a 4"
1007	1007	iron pipe found;
1008	1008	2. North 2721'05" East, a distance of 784.20 feet to a 1/2"
1009	1009	rebar with cap set for the northwest corner of said 9 acre tract,
1010	1010	same being in the north line of said 174.4 acre tract, also being in
1011	1011	the south line of said 40.5 acre tract;
1012	1012	3. North 6242'32" West, a distance of 999.32 feet to a rebar
1013	1013	with plastic "4453" cap found for an angle point in the west line of
1014	1014	said 232.233 acre tract, same being the southeast corner of a
1015	1015	120.321 acre tract described in a deed of record in Document No.
1016	1016	2004200864 of the Official Public Records of Travis County, Texas;
1017	1017	THENCE North 2658'58" East, with the east line of said
1018	1018	120.321 acre tract, same being the west line of said 232.233 acre
1019	1019	tract, a distance of 1437.81 feet to a calculated point for an angle
1020	1020	point in the west line of said 232.233 acre tract, same being in the
1021	1021	east line of said 120.321 acre tract, being also the southwest
1022	1022	corner of Lot 1, The Pittman Addition, a subdivision of record in
1023	1023	Volume 76, Page 228 of the Plat Records of Travis County, Texas;
1024	1024	THENCE South 6259'36" East, with the west line of said
1025	1025	232.233 acre tract, same being the south line of said Lot 1, Pittman
1026	1026	Addition, and an 11.000 acre tract described in a deed of record in
1027	1027	Document No. 1999100812 of the Official Public Records of Travis
1028	1028	County, at a distance of 0.27 feet passing a 60D nail found, and
1029	1029	continuing for a total distance of 857.50 feet to a 1/2" iron pipe
1030	1030	found for the southeast corner of said 11.000 acre tract, same being
1031	1031	the southwest corner of said 8.282 acre tract;
1032	1032	THENCE North 2658'15" East, with the west line of said 8.282
1033	1033	acre tract, same being the east line of said 11.000 acre tract and
1034	1034	the east line of a 5.014 acre tract described in a deed of record in
1035	1035	Document Number 2007145976 of the Official Public Records of Travis
1036	1036	County, Texas, a distance of 653.18 feet to a 1/2" rebar with cap
1037	1037	set for the northwest corner of said 8.282 acre tract, same being in
1038	1038	the east line of said 5.014 acre tract, being also in the east line
1039	1039	of the remainder of a 13.93 acre tract described in volume 7496,
1040	1040	Page 513 of the Deed Records of Travis County, Texas;
1041	1041	THENCE South 6315'05" East, crossing said 13.93 acre tract,
1042	1042	with the north line of said 8.282 acre tract, a distance of 648.24
1043	1043	feet to a 1/2" rebar with cap set in the east line of said 13.93 acre
1044	1044	tract, same being the west line of said 68.3 acre tract, being also
1045	1045	the northeast corner of said 8.282 acre tract;
1046	1046	THENCE North 4326'02" East, with the east line of said 13.93
1047	1047	acre tract, same being the west line of said 68.3 acre tract, a
1048	1048	distance of 538.67 feet to a 1/2" rebar with cap set for the common
1049	1049	north corner of said 13.93 acre tract and said 68.3 acre tract, same
1050	1050	being in the south right-of-way line of Colton Bluff Springs Road
1051	1051	(70' right-of-way);
1052	1052	THENCE North 3223'26" East, crossing Colton Bluff Springs
1053	1053	Road, a distance of 70.31 feet to a calculated point in the north
1054	1054	right-of-way line of Colton Bluff Springs Road, same being the
1055	1055	south line of said 82.844 acre tract;
1056	1056	THENCE with the north right-of-way line of Colton Bluff
1057	1057	Springs Road, same being the south line of said 82.844 acre tract,
1058	1058	the following two (2) courses and distances:
1059	1059	1. North 6313'10" West, a distance of 197.12 feet to a 1/2"
1060	1060	rebar found;
1061	1061	2. North 6318'06" West, a distance of 703.08 feet to a bolt
1062	1062	found at the southwest corner of said 82.844 acre tract, same being
1063	1063	the southeast corner of a 1.0 acre tract described in a deed of
1064	1064	record in Volume 12371, Page 662 of the Real Property Records of
1065	1065	Travis County, Texas;
1066	1066	THENCE North 2709'21" East, with the west line of said 82.844
1067	1067	acre tract, same being the east line of said 1.0 acre tract, a
1068	1068	distance of 290.52 feet to a 1/2" rebar found at the northeast
1069	1069	corner of said 1.0 acre tract, same being the southeast corner of
1070	1070	said 89.256 acre tract;
1071	1071	THENCE with the north and west lines of said 1.0 acre tract,
1072	1072	same being the south line of said 89.256 acre tract, the following
1073	1073	two (2) courses and distances:
1074	1074	1. North 6301'00" West, a distance of 150.08 feet to a 1/2"
1075	1075	rebar with cap found at the northwest corner of said 1.0 acre tract;
1076	1076	2. South 2711'15" West, a distance of 291.18 feet to a 1/2"
1077	1077	rebar found at the southwest corner of said 1.0 acre tract, same
1078	1078	being in the north right-of-way line of Colton Bluff Springs Road;
1079	1079	THENCE with the north right-of-way line of Colton Bluff
1080	1080	Springs Road, same being the south line of said 89.256 acre tract,
1081	1081	the following two (2) courses and distances:
1082	1082	1. North 6315'07" West, a distance of 508.93 feet to a
1083	1083	calculated point;
1084	1084	2. North 6231'18" West, a distance of 175.38 feet to a
1085	1085	calculated point for the southeast corner of a 0.18 acre tract,
1086	1086	called Lot No. 2 and described in a deed of record in Volume 6057,
1087	1087	Page 415 of the Deed Records of Travis County, Texas;
1088	1088	THENCE North 2626'47" East, with the east line of said Lot
1089	1089	No. 2, same being the south line of said 89.256 acre tract, a
1090	1090	distance of 130.76 feet to a calculated point for the northeast
1091	1091	corner of said Lot No. 2;
1092	1092	THENCE North 6301'34" West, with the south line of said
1093	1093	89.256 acre tract, same being the north line of said Lot No. 2 and
1094	1094	the north line of another 0.18 acre tract, called Lot No. 1 and
1095	1095	described in said deed of record in Volume 6057, Page 415, a
1096	1096	distance of 120.03 feet to a calculated point for the northwest
1097	1097	corner of said Lot No. 1;
1098	1098	THENCE South 2658'40" West, with the west line of said Lot
1099	1099	No. 1, same being the south line of said 89.256 acre tract, a
1100	1100	distance of 129.50 feet to a calculated point for the southwest
1101	1101	corner of said Lot No. 1, same being in the north right-of-way line
1102	1102	of Colton Bluff Springs Road;
1103	1103	THENCE North 6229'29" West, with the north right-of-way line
1104	1104	of Colton Bluff Springs Road, same being the south line of said
1105	1105	89.256 acre tract, a distance of 564.31 feet to a 1/2" rebar found
1106	1106	at the southwest corner of said 89.256 acre tract, same being the
1107	1107	southeast corner of said 25.735 acre tract;
1108	1108	THENCE North 6229'18" West, with the north right-of-way line
1109	1109	of Colton Bluff Springs Road, same being the south line of said
1110	1110	25.735 acre tract, at a distance of 64.03 feet passing a 1/2" rebar
1111	1111	found at the southwest corner of said 25.735 acre tract, same being
1112	1112	the southeast corner of said 2.731 acre tract, and continuing with
1113	1113	the south line of said 2.731 acre tract for a total distance of
1114	1114	301.87 feet to a 1/2" rebar found at the southwest corner of said
1115	1115	2.731 acre tract, same being the southeast corner of said Part 2;
1116	1116	THENCE with the north right-of-way line of Colton Bluff
1117	1117	Springs Road, same being the south line of said Part 2, the
1118	1118	following two (2) courses and distances:
1119	1119	1. North 6323'43" West, a distance of 712.69 feet to a 1/2"
1120	1120	rebar found;
1121	1121	2. North 6215'54" West, a distance of 241.38 feet to the
1122	1122	POINT OF BEGINNING, containing 751.054 acres of land, more or less.
1123	1123	SECTION 3. LEGISLATIVE FINDINGS. The legislature finds
1124	1124	that:
1125	1125	(1) The development or redevelopment in the area in
1126	1126	the proposed Austin Desired Development Zone District No. 3 would
1127	1127	not occur solely through private investment in the reasonably
1128	1128	foreseeable future;
1129	1129	(2) The area in the proposed Austin Desired
1130	1130	Development Zone District No. 3 is unproductive and underdeveloped;
1131	1131	and
1132	1132	(3) The conditions in the area of the proposed Austin
1133	1133	Desired Development Zone District No. 3 substantially arrest or
1134	1134	impair the sound growth of the area, are an economic or social
1135	1135	liability, and present a menace to the public health, safety,
1136	1136	morals, or welfare.
1137	1137	SECTION 4. (a) The legal notice of the intention to
1138	1138	introduce this Act, setting forth the general substance of this
1139	1139	Act, has been published as provided by law, and the notice and a
1140	1140	copy of this Act have been furnished to all persons, agencies,
1141	1141	officials, or entities to which they are required to be furnished
1142	1142	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
1143	1143	Government Code.
1144	1144	(b) The governor, one of the required recipients, has
1145	1145	submitted the notice and Act to the Texas Commission on
1146	1146	Environmental Quality.
1147	1147	(c) The Texas Commission on Environmental Quality has filed
1148	1148	its recommendations relating to this Act with the governor,
1149	1149	lieutenant governor, and speaker of the house of representatives
1150	1150	within the required time.
1151	1151	(d) The general law relating to consent by political
1152	1152	subdivisions to the creation of districts with conservation,
1153	1153	reclamation, and road powers and the inclusion of land in those
1154	1154	districts has been complied with.
1155	1155	(e) All requirements of the constitution and laws of this
1156	1156	state and the rules and procedures of the legislature with respect
1157	1157	to the notice, introduction, and passage of this Act have been
1158	1158	fulfilled and accomplished.
1159	1159	SECTION 5. EFFECTIVE DATE. This Act takes effect
1160	1160	immediately if it receives a vote of two-thirds of all the members
1161	1161	elected to each house, as provided by Section 39, Article III, Texas
1162	1162	Constitution. If this Act does not receive the vote necessary for
1163	1163	immediate effect, this Act takes effect September 1, 2009.