By: Rose (Senate Sponsor - Wentworth) H.B. No. 4825
(In the Senate - Received from the House May 13, 2009;
May 14, 2009, read first time and referred to Committee on
Intergovernmental Relations; May 23, 2009, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 4,
Nays 0; May 23, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 4825 By: Wentworth
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Driftwood Economic Development
Municipal Management District; providing authority to impose a tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3858 to read as follows:
CHAPTER 3858. DRIFTWOOD ECONOMIC DEVELOPMENT MUNICIPAL
MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3858.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "City council" means the governing body of the
City of Dripping Springs.
(3) "Commissioners court" means the Hays County
Commissioners Court.
(4) "Director" means a member of the board.
(5) "District" means the Driftwood Economic
Development Municipal Management District.
Sec. 3858.002. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Section 59, Article
XVI, Texas Constitution.
Sec. 3858.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district, the legislature has established
a program to accomplish the public purposes set out in Section 52-a,
Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve Hays County from providing the level of
services provided as of the effective date of the Act creating this
chapter to the area in the district. The district is created to
supplement and not supplant county services provided in the
district.
Sec. 3858.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing commerce in the state.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, consumers,
and visitors in the district;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and viability
of the district as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing trails, landscaping, and other services
that are necessary for the restoration, preservation, and
enhancement of the scenic beauty and environment of the area.
Sec. 3858.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act creating
this chapter, as the territory may have been modified under:
(1) Section 375.043 or 375.044, Local Government Code;
or
(2) other law.
(b) The boundaries and field notes of the district contained
in Section 2 of the Act creating this chapter form a closure. A
mistake in the field notes of the district contained in Section 2 of
the Act creating this chapter or in copying the field notes in the
legislative process does not in any way affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to contract, including the
right to issue an obligation for a purpose for which the district is
created;
(3) the district's right to impose or collect an
assessment, tax, or other revenue; or
(4) the legality or operation of the board.
Sec. 3858.006. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
[Sections 3858.007-3858.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3858.051. GOVERNING BODY; TERMS. The district is
governed by a board of five directors who serve staggered terms of
four years, with two or three directors' terms expiring June 1 of
each odd-numbered year.
Sec. 3858.052. APPOINTMENT OF DIRECTORS. The board
consists of the following directors:
(1) Position 1: a person appointed by the
commissioners court;
(2) Position 2: a person appointed by the
commissioners court;
(3) Position 3: a person appointed by the city
council;
(4) Position 4: a person appointed by the city
council; and
(5) Position 5: a person appointed by the
commissioners court, who must be the individual who owns more
property in the district than any other individual except that if
the commissioners court is unable to identify a person qualified
for Position 5 who is willing and able to serve, the commissioners
court shall appoint to the place a person who is:
(A) at least 18 years old; and
(B) a resident of this state.
Sec. 3858.053. VACANCY. A vacancy in the office of director
shall be filled for the unexpired term by appointment in the same
manner as the office was previously filled under Section 3858.052.
Sec. 3858.054. PETITION; ELECTION. (a) The owner or owners
of at least 40 percent of the assessed value of property in the
district may submit a petition to the commissioners court
requesting an election of the board.
(b) If the commissioners court receives a petition under
Subsection (a), the commissioners court shall order an election of
board members in the district.
(c) The board shall give notice of the election not later
than the 30th day before the date of the election.
(d) Of the directors elected to the board in an election
under this section, the terms of the directors appointed for
positions 1 through 3 expire on the third June 1 after the election,
and the terms of directors appointed for positions 4 and 5 expire on
June 1 following the election.
Sec. 3858.055. DIRECTOR'S BOND AND OATH. (a) Section
375.067, Local Government Code, does not apply to a director.
(b) Each director shall file the director's constitutional
oath of office with the district, and the district shall retain the
oath in the district's records.
Sec. 3858.056. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
Position Name of Director Position Name of Director
Position Name of Director
1 Silver Garza 1 Silver Garza
1 Silver Garza
2 Scott Roberts 2 Scott Roberts
2 Scott Roberts
3 Ginger Faught 3 Ginger Faught
3 Ginger Faught
4 Ken Manning 4 Ken Manning
4 Ken Manning
5 Michelle Fischer 5 Michelle Fischer
5 Michelle Fischer
(b) The terms of the initial directors appointed for
positions 1 through 3 expire June 1, 2013, and the terms of the
initial directors appointed for positions 4 and 5 expire June 1,
2011.
(c) Section 3858.052 does not apply to this section.
(d) This section expires June 1, 2014.
[Sections 3858.057-3858.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3858.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district was created.
Sec. 3858.102. IMPROVEMENT PROJECTS. (a) The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, the following types of improvement
projects or activities in support of or incidental to those
projects:
(1) the planning, design, construction, improvement,
operation, and maintenance of:
(A) irrigation facilities and landscaping;
(B) highway right-of-way or transit corridor
beautification and improvement;
(C) lighting, banners, and signs;
(D) a street or sidewalk;
(E) a hiking or cycling path or trail;
(F) a park, lake, garden, recreational facility,
sports facility, open space, scenic area, or related exhibit or
preserve;
(G) a fountain, plaza, or pedestrian mall;
(H) a drainage or storm-water detention
improvement;
(I) a wastewater treatment and disposal
facility;
(J) a water quality protection facility;
(K) a facility to enhance groundwater recharge;
(L) an alternative energy facility; or
(M) solid waste management services, including
garbage collection, recycling, and composting;
(2) the planning, design, construction, acquisition,
lease, rental, improvement, maintenance, installation, and
management of and provision of furnishings for a facility for:
(A) a conference, convention, or exhibition;
(B) a manufacturer, consumer, or trade show;
(C) a civic, community, or institutional event;
or
(D) an exhibit, display, attraction, special
event, or seasonal or cultural celebration or holiday; or
(3) a special or supplemental service for the
improvement and promotion of the district or for the protection of
public health and safety in the district, including:
(A) advertising;
(B) promotion;
(C) tourism;
(D) health and sanitation;
(E) public safety;
(F) security;
(G) fire protection or emergency medical
services;
(H) business recruitment;
(I) development;
(J) elimination of traffic congestion;
(K) recreational, educational, or cultural
improvements, enhancements, and services; or
(L) any similar public improvement, facility, or
service.
(b) The district may not undertake a project under this
section unless the board determines the project to be necessary to
accomplish the public purpose of the district.
Sec. 3858.103. CONTRACTS; GIFTS; DONATIONS. The district
may:
(1) contract with any person to accomplish any
district purpose, including a contract for:
(A) the payment, repayment, or reimbursement of
costs incurred by that person on behalf of the district, including
all or part of the costs of an improvement project and interest on
the reimbursed costs;
(B) the use, occupancy, lease, rental,
operation, maintenance, or management of all or part of a proposed
or existing improvement project; or
(C) the provision of law enforcement services to
the district for a fee;
(2) apply for and contract with any person to receive,
administer, and perform a duty or obligation of the district under a
federal, state, local, or private gift, grant, loan, conveyance,
transfer, bequest, or other financial assistance arrangement
relating to investigation, planning, analysis, study, design,
acquisition, construction, improvement, completion,
implementation, or operation by the district or others of a
proposed or existing improvement project; and
(3) accept a grant or donation from any person.
Sec. 3858.104. RULES; ENFORCEMENT. (a) The district may
adopt and enforce rules:
(1) to administer or operate the district;
(2) for the use, enjoyment, availability, protection,
security, and maintenance of the district's property and
facilities; or
(3) to provide for public safety and security in the
district.
(b) The district may enforce its rules by injunctive relief.
Sec. 3858.105. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, does not apply to the formation of a district
contract.
Sec. 3858.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
[Sections 3858.107-3858.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3858.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. 3858.152. NO AUTHORITY TO ISSUE BONDS. The district
may not issue bonds.
Sec. 3858.153. AD VALOREM TAX; ELECTION. (a) The district
must hold an election in the manner provided by Subchapter L,
Chapter 375, Local Government Code, to obtain voter approval before
the district imposes an ad valorem tax.
(b) If authorized at an election under Subsection (a) and
subject to Subsection (c), the district may impose an annual ad
valorem tax on taxable property in the district to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(c) The board may impose a tax on residential property in
the district only if the revenue requirements of the district are
not satisfied by the other taxes imposed by the board.
(d) The board shall determine the tax rate. The tax rate may
not exceed 15 cents per $100 valuation.
Sec. 3858.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3858.155. SALES AND USE TAX; ELECTION. (a) Except as
otherwise provided by this section, Subtitles A and B, Title 2, Tax
Code, and Chapter 151, Tax Code, apply to a tax imposed under this
section and to the administration and enforcement of that tax in the
same manner that those laws apply to a state tax.
(b) Except as otherwise provided by this chapter, Chapter
321, Tax Code, applies to the imposition, computation,
administration, and governance of a sales and use tax imposed under
this section.
(c) The board may impose a tax on the receipts from the sale
at retail of taxable items within the district, and an excise tax on
the use, storage, or other consumption in the district of taxable
items purchased, leased, or rented from a retailer in the district
if authorized by a majority of the voters of the district voting at
an election called for that purpose and held in the manner provided
by Subchapter L, Chapter 375, Local Government Code.
(d) The tax may be imposed in one-eighth of one percent
increments not to exceed the rate authorized by the district
voters.
(e) A tax under this section is applied to the sales price of
a taxable item.
(f) The board may not adopt a sales and use tax if as a
result of the adoption of the tax the combined rate of all sales and
use taxes imposed by the board and other political subdivisions of
this state having territory in the district would exceed two
percent at any location in the district.
(g) If the voters of the district approve the adoption of
the tax at an election held on the same election date on which
another political subdivision adopts a sales and use tax or
approves an increase in the rate of its sales and use tax and as a
result the combined rate of all sales and use taxes imposed by the
district and other political subdivisions of this state having
territory in the district would exceed two percent at any location
in the district, the election to adopt a sales and use tax under
this chapter has no effect.
Sec. 3858.156. HOTEL OCCUPANCY TAX. The district may
impose a hotel occupancy tax in the manner that Chapter 351, Tax
Code, provides for a municipality. A tax imposed under this section
may not exceed seven percent of the price paid for lodging in the
district.
Sec. 3858.157. ACCOUNTING. (a) On the conclusion of each
fiscal year, the board shall obtain from an independent entity a
review of the district's financial activities for the preceding
fiscal year.
(b) Not later than September 1, the board annually shall
submit to the commissioners court a written report containing:
(1) the findings of a review under Subsection (a);
(2) if not included in the review, accounting records
of the preceding fiscal year; and
(3) a summary of the activities of the district during
the preceding fiscal year.
(c) Notwithstanding Subsection (b), the board shall submit
its initial annual report not later than September 1, 2010. This
subsection expires October 1, 2010.
SECTION 2. The Driftwood Economic Development Municipal
Management District initially contains all the territory contained
in the following described area:
FIELDNOTE DESCRIPTION of a tract or parcel of land containing
500.286 acres situated in the Fannie A. D. Darden, Abstract No. 664
and the Freelove Woody Survey No. 23, Abstract No. 20, Hays County,
Texas, being a portion of that tract conveyed to Masa Scott Roberts
by deed recorded in Volume 966, Page 156 of the Deed Records of Hays
County, Texas and further described as Tract 1 of 130 acres, Tract 2
of 100 acres and Tract 3 of 47 1/2 acres and Tract 4 of 200 acres,
being further described by the deed recorded in Volume 168, Page 156
of the said Deed Records and all of that 44.1134 acre tract conveyed
to Driftwood Equities, Ltd. By the deed recorded in Volume 1433,
Page 776 of the said Deed Records, said 44.1134 acre tract being a
portion of that 100 acre tract conveyed to Masa Scott Roberts by the
deed recorded in Volume 301, Page 865 of the said Deed Records; the
herein described 500.286 acre tract is more particularly described
by metes and bounds as follows:
BEGINNING at a 1/2" iron rod found in the east right-of-way
line of State Highway FM 150 (80' right-of-way), being the west line
of the above said 288 acre tract, for the northwest corner of a
12.00 acre tract conveyed to Horance Seiders and Violet Seiders by
deed recorded in Volume 354, Page 763 of the said Deed Records, said
1/2" iron rod found bears N0753'25"W, 329.46 feet from a TxDOT Type
I concrete right-of-way monument found 40.00 feet left of State
Highway FM 150 centerline station 281+96.9;
THENCE, N0753'25"W, with the east right-of-way line of State
Highway FM 150, a distance of 663.25 feet to a 1/2" iron rod found
for the southwest corner of that 12.46 acre tract conveyed to
Rudolph Kranse and Gregory Hargis by deed recorded in Volume 771,
Page 651 of the said Deed Records, said 1/2" iron rod found bears
S0753'25"E, 73.86 feet from a TxDOT Type I concrete right-of-way
monument found 40.00 feet left of State Highway centerline station
271+30.4;
THENCE, N8802'55"E, crossing into the 288 acre tract, with
the south line of the said 12.46 acre tract, 912.29 feet to a 1/2"
iron rod set for the southeast corner of the aforesaid 12.46 acre
tract;
THENCE, N0646'55"W, 600.43 feet to a 1/2" iron rod found for
the northeast corner of the said 12.46 acre tract;
THENCE, S8902'53"W, with the north deed line of the said
12.46 acre tract, 77.37 feet to the calculated point of
intersection of this north deed line, with the east deed line of
that 5.2506 acre tract conveyed to Kathleen Collins and Thomas
Wendt by deed recorded in Volume 1427, Page 454 of the said Deed
Records, said 5.2506 acre tract being a portion of that 10.283 acre
tract described in the deed to Warren Dunn, Jr. recorded in Volume
1376, Page 684 of the said Deed Records, the said calculated point
bears N0517'08"E, 2.95 feet from a 1/2" iron rod found for the
southeast corner of the aforesaid 10.283 acre tract;
THENCE, N0517'08"E, with the east line of the 10.283 acre
tract, at a distance of 131.06 feet (record distance) pass the
common east corner of the said 5.2506 acre tract and a 5.04 acre
tract described in a deed to Michael Dunn and recorded in Volume
1296, Page 414 of the said Deed Records, and continuing for a total
distance of 618.54 feet to a 5/8" iron rod found for the northeast
corner of the said 10.283 acre tract and the 5.04 acre tract, being
on the apparent common line between the above said 288 acre tract
and the 100 acre tract, same being the POINT OF REFERENCE for the
5.336 acre tract described below;
THENCE, S8624'25"W, with the above said common line between
the 288 acre tract and the 100 acre tract, being the north line of
the 5.04 acre tract and the 10.283 acre tract, 91.89 feet to a 1/2"
iron rod found for the southeast corner of a 14 acre tract conveyed
to Mrs. Elna Ludine Roberts by deed recorded in Volume 135, Page 38
of the said Deed Records and being the apparent southwest corner of
the 100 acre tract (Tract 2) described above;
THENCE, N0727'54"W, with the common line between the said 14
acre tract and the 100 acre tract, 1242.44 feet to a 1/2" iron rod
found for the common north corner of the aforesaid 14 acre tract and
the 100 acre tract, being in the south line of Lot 1-D, "Division of
Lot 1, the J. V. Ash, Jr. Subdivision", a subdivision recorded in
Volume 10, Page 217 of the Plat Records of Hays County, Texas;
THENCE, S8918'23"E, 174.13 feet to a 1/2" iron rod found for
the southeast corner of said Lot 1-D, being the southwest corner of
that 0.83 acre tract conveyed to Masa Scott Roberts by deed recorded
in Volume 333, Page 323 of the said Deed Records, and being in the
common line between the said 100 acre tract and the 130 acre tract
(Tract 1) described above;
THENCE, N0844'17"W, with the east line of Lot 1-D, being the
west line of the said 0.83 acre tract, 101.46 feet to a 1/2" iron rod
found for an angle point;
THENCE, N3327'31"E, with the west line of the said 0.83 acre
tract, at 148.39 feet pass a 1/2" iron rod found for the common east
corner of Lot 1-D, and Lot 1-B, of said "Division of Lot 1, The J. V.
Ash, Jr. Subdivision", for a total distance of 209.96 feet to a
fence corner post found for an angle point in said Lot 1-B, being
the most northerly corner of the aforesaid 0.83 acre tract;
THENCE, S6954'59"E, with the north line of the said 0.83 acre
tract, 18.34 feet to a cotton gin spindle found in rock, for the
southeast corner of said Lot 1-B, being the southwest corner of Lot
2, Block 'B', "Creek of Driftwood Subdivision", a subdivision
recorded in Volume 8, Page 246 of the said Plat Records;
THENCE, along the centerline of Onion Creek, with the
northeast and easterly line of the above said 130 acre tract, for
the following twenty-six (26) courses:
1) S8026'41"E, 216.51 feet to a calculated angle point in
the south line of Lot 2, Block 'B', from which a 100d nail set for
reference bears S8522'12"W, 52.47 feet;
2) N8933'24"E, 514.79 feet to the calculated southeast
corner of said Lot 2, Block 'B';
3) S5423'50"E, 13.02 feet to a calculated angle point on the
south line of that 9.533 acre tract conveyed to Tom Hewett by deed
recorded in Volume 363, Page 256 of the said Deed Records;
4) N8954'14"E, 70.80 feet to a calculated angle point in the
said south line of the 9.533 acre tract, from which a cotton gin
spindle set for reference bears N6902'42"E, 138.90 feet;
5) N5958'53"E, 562.38 feet to the calculated southeast
corner of the 9.583 acre tract, being the southwest corner of Lot
34, "Driftwood Falls Estates", a subdivision recorded in Volume 4,
Page 111 of the said Plat Records;
6) N5952'14"E, 343.26 feet to a calculated point for the
southeast corner of said Lot 34, "Driftwood Falls Estates", from
which a 1/2" iron rod found with cap, for the northeast corner of
aforesaid Lot 34, bears N4256'02"W, 386.89 feet and a 100d nail set
for reference bears N2035'12"E, 70.23 feet;
7) N2245'14"E, at 257.83 feet pass a calculated point for
the northeast corner of Lot 35, Driftwood Falls Estates, from said
calculated point a 1/2" iron rod found for the most northerly corner
of said Lot 35, bears N7519'16"W, 355.71 feet, and continuing for a
total distance of 752.70 feet to the calculated southeast corner of
Lot 39, "Driftwood Falls Estates", from which a 100d nail set for
reference bears N4329'40"W, 26.48 feet;
8) N0406'47"W, at 110.23 feet pass the calculated northeast
corner of said Lot 39, bearing N8220'00"E, 652.52 feet from a 1/2"
iron rod found for the northwest corner of aforesaid Lot 39, and
continuing for a total distance of 606.60 feet to a calculated angle
point;
9) N1319'47"W, at 68.75 feet pass a 1/2" iron rod found 0.31
feet to the east, at a distance of 179.17 feet pass a 1/2" iron rod
found 0.06 feet to the east for the northeast corner of Lot 45,
"Driftwood Falls Estates", from which a 1/2" iron rod found for the
northwest corner of said Lot 45, bears N8223'39"E, 666.13 feet, and
continuing for a total distance of 568.40 feet to a calculated angle
point, from which a 100d nail set for reference bears N7541'33"W,
16.29 feet;
10) N0318'47"W, at a distance of 54.87 feet pass the
calculated northeast corner of Lot 49, "Driftwood Falls Estates",
from which a 1/2" iron rod found for the northwest corner of said
Lot 49, bears S8213'14"W, 632.97 feet, continuing for a total
distance of 281.50 feet to the calculated southeast corner of Lot
53, "Driftwood Falls Estates", from which a 100d nail set for
reference bears N3616'47"W, 63.79 feet;
11) N5137'43"E, 172.19 feet to the calculated southeast
corner of Lot 1, being the southwest corner of Lot 2, "Pier Branch",
a subdivision recorded in Volume 4, Page 105 of the said Plat
Records, from which a cotton gin spindle set for reference bears
N5635'12"E, 95.36 feet;
12) N7522'14"E, 537.60 feet to the calculated southeast
corner of Lot 5, being the southwest corner of Lot 6, "Pier Branch",
from which a cotton gin spindle set for reference bears S7204'16"W,
122.85 feet;
13) S8914'47"E, at 384.70 feet pass the calculated
southeast corner of said Lot 6, "Pier Branch" and continuing for a
total distance of 405.32 feet to a calculated point on the southwest
line of Lot 4, "Onion Creek Ranch", a subdivision recorded in Volume
8, Page 65 of the said Plat Records;
14) S6618'14"E, 117.62 feet to a calculated angle point in
the southwest line of said Lot 4, "Onion Creek Ranch";
15) S4624'35"E, at 58.92 feet pass the calculated southeast
corner of said Lot 4, being the most westerly corner of Lot 5,
"Onion Creek Ranch", for a total distance of 218.49 feet to a
calculated angle point, from which a cotton gin spindle set for
reference bears N0341'39"W, 28.36 feet;
16) S0139'52"E, 171.50 feet to the calculated south corner
of said Lot 5, being the northwest corner of Lot 6, "Onion Creek
Ranch";
17) S0644'04"E, 158.73 feet to a calculated angle point on
the west line of said Lot 6, "Onion Creek Ranch", from which a
cotton gin spindle set for reference bears S4629'20"E, 25.10 feet;
18) S3451'10"E, 115.94 feet to the calculated south corner
of said Lot 6, being the west corner of Lot 7, "Onion Creek Ranch",
from said calculated corner, a 1/2" iron rod found for the common
front corner of Lot 6 and said Lot 7, bears N5435'38"E, 881.31 feet;
19) S3458'00"E, 249.36 feet to the calculated south corner
of said Lot 7, being the west corner of Lot 8, "Onion Creek Ranch",
from which a cotton gin spindle set for reference bears S3145'11"E,
39.10 feet;
20) S3459'43"E, 265.58 feet to the calculated south corner
of said Lot 8, being the west corner of Lot 9, "Onion Creek Ranch",
from which a cotton gin spindle set for reference bears N1534'10"W,
44.83 feet;
21) S3803'26"E, 166.09 feet to the calculated south corner
of said Lot 9, being the west corner of Lot 10, "Onion Creek Ranch",
from which a 1/2" iron rod found for the common east corner of said
Lot 9 and Lot 10, bears N6558'15"E, 895.71 feet and a cotton gin
spindle set for reference bears S1714'52"E, 88.24 feet;
22) S0443'33"E, 96.82 feet to the calculated southwest
corner of said Lot 10, being the northwest corner of Lot 11, "Onion
Creek Ranch", from which a 1/2" iron rod found for the common east
corner of said Lot 10 and Lot 11, bears N8835'17"E, 882.00 feet and
a cotton gin spindle set for reference bears S5606'07"W, 21.91
feet;
23) S0449'35"E, 294.73 feet to an angle point, from which a
cotton gin spindle set for reference bears S4552'36"W, 2.36 feet;
24) S0856'55"W, 526.01 feet to a calculated angle point on
the west line of Lot 13, "Onion Creek Ranch", from which a 100d nail
set for reference bears S0550'22"E, 124.61 feet;
25) S1113'40"E, at 599.04 feet pass the calculated
southwest corner of Lot 15, "Onion Creek Ranch", from which a 1/2"
iron rod found for the common east corner of said Lot 15 and Lot 16,
"Onion Creek Ranch", bears N8834'04"E, 826.89 feet, and continuing
for a total distance of 636.74 feet to a calculated angle point,
from which a 100d nail set for reference bears S5905'05"W, 41.41
feet;
26) S1648'00"W, 222.06 feet to the calculated southwest
corner of said Lot 16, "Onion Creek Ranch";
THENCE, S6357'25"W, 6.10 feet to a calculated point in the
center of Onion Creek for the northwest corner of that 331.26 acre
tract conveyed to R. L. Struhall by deed recorded in Volume 226,
Page 633 of the said Deed Records;
THENCE, along the west line of the said 331.26 acre tract,
being the east line of the 100 acre tract (Tract 2) and the 288 acre
tract described above, with the centerline of Onion Creek, for the
following thirteen (13) courses:
1) S2638'17"W, 342.88 feet to a calculated point, from
which a cotton gin spindle set for reference bears N3846'17"E,
75.98 feet;
2) S2839'17"W, 315.55 feet to a calculated point, from
which a cotton gin spindle set for reference bears N6151'06"E,
24.65 feet;
3) S2231'17"W, 359.14 feet to a calculated point;
4) S1618'43"E, 467.30 feet to a calculated point;
5) S1710'43"E, 266.81 feet to a calculated point;
6) S2512'43"E, 91.93 feet to a calculated point;
7) S3424'43"E, 293.21 feet to a calculated point;
8) S3658'43"E, 312.92 feet to a calculated point;
9) S4111'43"E, 251.02 feet to a calculated point;
10) S5215'43"E, 120.82 feet to a calculated point;
11) S6334'43"E, 223.03 feet to a calculated point;
12) S1053'43"E, 179.29 feet to a calculated point;
13) S4043'43"E, 275.34 feet to the calculated southwest
corner of the said 331.26 acre tract, being on or near the north
line of the aforesaid 100 acre tract;
THENCE, N8925'17"E, with the south line of the 331.26 acre
tract and north line of the said 100 acre tract, at a distance of
474.40 feet pass a 1/2" iron rod found 0.70 feet to the north for an
angle point on the north line of the aforesaid 44.1134 acre tract,
at a distance of 2255.00 feet pass a 5/8" iron pipe found for the
southeast corner of the said 331.26 acre tract, for a total distance
of 2255.80 feet to the calculated point of intersection of this
south line with the west right-of-way line of State Highway FM 1826
(80.00' right-of-way), from which a TxDOT Type I concrete monument
found 40.00 feet right of State Highway centerline station
573+08.2, bears N2531'18"E, 282.85 feet, said calculated point
being the northeast corner of the 44.1134 acre tract described
above;
THENCE, with the common north right-of-way line of State
Highway FM 1826 and south line of the said 44.1134 acre tract and
the 288 acre tract, for the following fourteen (14) courses:
1) S2531'18"W, 505.14 feet to a TxDOT Type I concrete
monument found 40.00 feet right of State Highway centerline station
580+96.2, for the point of curvature of a non-tangent curve to the
right;
2) With the said curve to the right, having a central angle
of 6757'41", a radius of 1105.92 feet, a long chord of 1236.23 feet
(chord bears S5933'48"W), for an arc distance of 1311.78 feet to a
TxDOT Type I concrete monument found 40.00 feet right of State
Highway centerline station 594+56.2;
3) N8627'23"W, 643.70 feet to a calculated angle point
40.00 feet right of State Highway centerline station 601+00, from
which a TxDOT Type I concrete monument found bears S3720'38"W, 0.41
feet;
4) N7508'47"W, 101.98 feet to a calculated angle point
60.00 feet right of State Highway centerline station 602+00.0, from
which a TxDOT Type I concrete monument found, bears S5936'59"W,
0.62 feet;
5) N8628'15"W, at a distance of 188.71 feet pass the
calculated southeast corner of the above said 44.1134 acre tract,
for a total distance of 399.82 feet to a TxDOT Type I concrete
monument found 60.00 feet right of State Highway centerline station
606+00.0;
6) S8214'29"W, 101.93 feet to a TxDOT Type I concrete
monument found 40.00 feet right of State Highway centerline station
607+00.0;
7) N8624'35"W, 95.03 feet to a TxDOT Type I concrete
monument found 40.00 feet right of State Highway centerline station
607+94.8, for the point of curvature of a non-tangent curve to the
right;
8) With the said curve to the right, having a central angle
of 2245'43", a radius of 1392.39 feet, a long chord of 549.53 feet
(chord bears N7504'48"W), for an arc distance of 553.16 feet to a
TxDOT Type I concrete monument found 40.00 feet right of State
Highway centerline station 613+64.0;
9) N6338'40"W, 229.74 feet to a calculated point 40.00 feet
right of State Highway centerline station 615+94.5, from which a
TxDOT Type I concrete monument found bears N1918'05"W, 0.71 feet
and a TxDOT Type I concrete monument found, 40.00 feet left of
centerline station 615+94.5, bears S2648'33"E, 79.92 feet, said
calculated point being the point of curvature of a non-tangent
curve to the left;
10) With the said curve to the left, having a central angle
of 4934'00", a radius of 1185.92 feet, a long chord of 994.25 feet
(chord bears N8825'32"W), for an arc distance of 1025.94 feet to a
TxDOT Type I concrete monument found, 40.00 feet right of State
Highway centerline station 625+85.8, from which a TxDOT Type I
concrete monument found, being 40.00 feet left of State Highway
centerline station 625+85.8, bears S2304'30"E, 79.56 feet;
11) S6647'28"W, 428.70 feet to a calculated point 40.00
feet right of State Highway centerline station 630+14.5, from which
a TxDOT Type I concrete monument found bears N5725'35"W, 0.42 feet
and a found TxDOT Type I concrete monument found 40.00 feet left of
State Highway centerline station 630+14.5, bears S2305'58"E, 80.09
feet, said calculated point being the point of curvature of a
non-tangent curve to the right;
12) With the said curve to the right, having a central angle
of 2424'00", a radius of 1105.92 feet, a long chord of 467.42 feet
(chord bears S7859'28"W), for an arc distance of 470.97 feet to a
TxDOT Type I concrete monument found 40.00 feet right of State
Highway centerline station 635+02.5;
13) N8848'32"W, 1094.41 feet to a TxDOT Type I concrete
monument found 40.00 feet right of State Highway centerline station
645+97.4, being the point of curvature of a curve to the right;
14) With the said curve to the right, having a central angle
of 0053'27", a radius of 5689.58 feet, a long chord of 88.47 feet
(chord bears N8822'12"W), for an arc distance of 88.47 feet to a
calculated point for corner, from which a 1/2" iron rod found for
the southeast corner of a 0.50 acre tract conveyed to Horance
Seiders by deed recorded in Volume 501, Page 767 of the said Deed
Records, bears S1019'07"E, 0.07 feet;
THENCE, N1019'07"W, with the east line of the said 0.50 acre
tract, at a distance of 513.40 feet pass a 1/2" iron rod found, for a
total distance of 662.29 feet to a 1/2" iron rod found for the most
northerly corner of the aforesaid 0.50 acre tract, being the
northeast corner of afore said 12.00 acre tract;
THENCE, S8820'55"W, with the north line of the 12.00 acre
tract, 867.39 feet to the POINT OF BEGINNING, CONTAINING within
these metes and bounds 500.286 acres of land area, SAVE and EXCEPT
the following 5.336 acres, being all of that 5.2 acre tract conveyed
to Christella Alberado by deed recorded in Volume 302, Page 484 of
the said Deed Records and is more particularly described by metes
and bounds as follows:
COMMENING at the 5/8" iron rod found for the northeast corner
of the 10.283 acre tract described above as the POINT OF REFERENCE:
THENCE, N8613'55"E, with the south line of the above said 100
acre tract, for a distance of 49.97 feet to a 1/2" iron rod found for
the northwest corner of the said 5.2 acre tract and the POINT OF
BEGINNING of the herein described tract;
THENCE, N8622'32"E, with the north line of the said 5.2 acre
tract, 314.54 feet to a 1/2" iron rod found for an angle point;
THENCE, N8739'46"E, 436.49 feet to a 1/2" iron rod found for
the northeast corner of the said 5.2 acre tract;
THENCE, S0536'14"W, 310.15 feet to a 60d nail found in a
fence corner post for the southeast corner of the said 5.2 acre
tract;
THENCE, S8653'23"W, 377.12 feet to a 1/2" iron rod found for
an angle point;
THENCE, S8709'18"W, 372.19 feet to a 1/2" iron rod found for
the southwest corner of the said 5.2 acre tract;
THENCE, N0515'47"E, 311.23 feet to the POINT OF BEGINNING of
the herein described tract, CONTAINING within these metes and
bounds 5.336 acres of land area, SAVED AND EXCEPTED from the 500.286
acre tract described above, for a total NET AREA of 494.950 acres of
land area.
Except as noted, "1/2 inch iron rod set" denotes a 1/2 inch iron
rod, with a plastic cap marked "Capital Surveying Company, Inc.",
set for corner.
The bearings shown in this survey are grid bearings based on the
Texas State Plane Coordinate System, NAD 83 (HARN) Datum, South
Central Zone, derived by Global Positioning Systems surveys
FIELDNOTE DESCRIPTION of a tract or parcel of land containing
44.1722 acres situated in the Freelove Woody Survey No. 23,
Abstract No. 20, Hays County, Texas, being all of that portion of
the 100 acre tract lying east of State Highway FM 1826, conveyed to
Masa Scott Roberts by the deed recorded in Volume 301, Page 865 of
the Deed Records of Hays County, Texas; the herein described
44.1722 acre tract is more particularly described by metes and
bounds as follows:
BEGINNING at a 1/2" iron rod found, with plastic cap marked
"Capital Surveying Company, Inc.", at the intersection of the north
line of the said 100 acre tract with the east right-of-way line of
State Highway FM 1826 (80' right-of-way), being the most westerly
corner of that 1060.214 acre tract, described as Tract 2, conveyed
to LSM Ranch, Ltd. by the deed recorded in Volume 1628, Page 206 of
the said Deed Records and bears S2531'20"W, 242.50 feet from a
TxDOT Type I concrete monument found 40.00 feet left of State
Highway centerline station 573+08.2;
THENCE, N8831'49"E, with the south line of the 1060.214 acre
tract, 1594.81 feet to a 1/2" iron rod found for an interior corner
of the said 1060.214 acre tract and the northeast corner of the said
100 acre tract;
THENCE, S0059'15"E, at a distance of 523.55 feet pass a 1/2"
iron rod, with plastic cap marked "4542", for a southwest corner of
the aforesaid 1060.214 acre tract and an interior northwest corner
of that 700.03 acre tract conveyed to John Richard Rutherford by the
deed recorded in Volume 1214, Page 548 of the said Deed Records, and
continuing for a total distance of 1039.05 feet to a 60d nail found
in a fence corner post for an interior corner of the said 700.03
acre tract and the southeast corner of the aforesaid 100 acre tract;
THENCE, S8843'28"W, with the common line between the 700.03
acre tract and the 100 acre tract, at a distance of 2005.26 feet
pass a 1/2" iron rod found for the most westerly corner of the said
700.03 acre tract, for a total distance of 2005.48 feet to the
calculated intersection of this common line with the northeast
right-of-way line of State Highway FM 967 (80' right-of-way);
THENCE, N4110'54"W, with the northeast right-of-way line of
State Highway FM 967, 85.90 feet to a TxDOT Type I concrete monument
found at an angle point;
THENCE, N0143'24"W, continuing with the northeast
right-of-way line of State Highway FM 967, for a distance of 110.39
feet to a TxDOT Type I concrete monument found for an angle point at
the existing right-of-way intersection with State Highway FM 1826;
THENCE, N3005'26"E, leaving the northeast right-of-way line
of State Highway FM 967, with the occupied east right-of-way line of
State Highway FM 1826, for a distance of 435.14 feet to a TxDOT Type
I concrete monument found 40.00 feet left of State Highway
centerline station 580+96.2;
THENCE, N2531'22"E, continuing across the 100 acre tract,
with the east right-of-way line of State Highway FM 1826, for a
distance of 544.25 feet to the POINT OF BEGINNING, CONTAINING
within these metes and bounds 44.1722 acres of land area;
The bearings shown in this survey are grid bearings based on the
Texas State Plane Coordinate System, NAD 83 (HARN) Datum, South
Central Zone, derived by Global Positioning Systems surveys
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
* * * * *
Position Name of Director
1 Silver Garza
2 Scott Roberts
3 Ginger Faught
4 Ken Manning
5 Michelle Fischer