1 | 1 | | S.B. No. 2526 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the creation of the Travis County Improvement District |
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6 | 6 | | No. 1; providing authority to impose an assessment, impose a tax, |
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7 | 7 | | and issue bonds. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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10 | 10 | | Code, is amended by adding Chapter 3863 to read as follows: |
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11 | 11 | | CHAPTER 3863. TRAVIS COUNTY IMPROVEMENT DISTRICT NO. 1 |
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12 | 12 | | SUBCHAPTER A. GENERAL PROVISIONS |
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13 | 13 | | Sec. 3863.001. DEFINITIONS. In this chapter: |
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14 | 14 | | (1) "Board" means the district's board of directors. |
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15 | 15 | | (2) "Director" means a board member. |
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16 | 16 | | (3) "District" means the Travis County Improvement |
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17 | 17 | | District No. 1. |
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18 | 18 | | Sec. 3863.002. NATURE OF DISTRICT. The Travis County |
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19 | 19 | | Improvement District No. 1 is a special district created under |
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20 | 20 | | Section 59, Article XVI, Texas Constitution. |
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21 | 21 | | Sec. 3863.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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22 | 22 | | creation of the district is essential to accomplish the purposes of |
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23 | 23 | | Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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24 | 24 | | Texas Constitution, and other public purposes stated in this |
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25 | 25 | | chapter. By creating the district and in authorizing Travis County |
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26 | 26 | | and other political subdivisions to contract with the district, the |
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27 | 27 | | legislature has established a program to accomplish the public |
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28 | 28 | | purposes set out in Section 52-a, Article III, Texas Constitution. |
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29 | 29 | | (b) The creation of the district is necessary to promote, |
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30 | 30 | | develop, encourage, and maintain employment, commerce, |
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31 | 31 | | transportation, housing, tourism, recreation, the arts, |
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32 | 32 | | entertainment, economic development, safety, and the public |
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33 | 33 | | welfare in the district. |
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34 | 34 | | (c) This chapter and the creation of the district may not be |
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35 | 35 | | interpreted to relieve Travis County from providing the level of |
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36 | 36 | | services provided, as of the effective date of the Act enacting this |
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37 | 37 | | chapter, to the area in the district. The district is created to |
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38 | 38 | | supplement and not to supplant the county services provided in the |
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39 | 39 | | area in the district. |
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40 | 40 | | Sec. 3863.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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41 | 41 | | (a) The district is created to serve a public use and benefit. |
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42 | 42 | | (b) All land and other property included in the district |
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43 | 43 | | will benefit from the improvements and services to be provided by |
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44 | 44 | | the district under powers conferred by Sections 52 and 52-a, |
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45 | 45 | | Article III, and Section 59, Article XVI, Texas Constitution, and |
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46 | 46 | | other powers granted under this chapter. |
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47 | 47 | | (c) The creation of the district is in the public interest |
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48 | 48 | | and is essential to: |
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49 | 49 | | (1) further the public purposes of developing and |
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50 | 50 | | diversifying the economy of the state; |
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51 | 51 | | (2) eliminate unemployment and underemployment; and |
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52 | 52 | | (3) develop or expand transportation and commerce. |
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53 | 53 | | (d) The district will: |
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54 | 54 | | (1) promote the health, safety, and general welfare of |
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55 | 55 | | residents, employers, potential employees, employees, visitors, |
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56 | 56 | | and consumers in the district, and of the public; |
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57 | 57 | | (2) provide needed funding for the district to |
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58 | 58 | | preserve, maintain, and enhance the economic health and vitality of |
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59 | 59 | | the district territory as a community and business center; |
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60 | 60 | | (3) promote the health, safety, welfare, and enjoyment |
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61 | 61 | | of the public by providing pedestrian ways and by landscaping and |
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62 | 62 | | developing certain areas in the district, which are necessary for |
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63 | 63 | | the restoration, preservation, and enhancement of scenic beauty; |
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64 | 64 | | and |
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65 | 65 | | (4) provide for water, wastewater, drainage, road, and |
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66 | 66 | | recreational facilities for the district. |
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67 | 67 | | (e) Pedestrian ways along or across a street, whether at |
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68 | 68 | | grade or above or below the surface, and street lighting, street |
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69 | 69 | | landscaping, parking, and street art objects are parts of and |
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70 | 70 | | necessary components of a street and are considered to be a street |
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71 | 71 | | or road improvement. |
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72 | 72 | | (f) The district will not act as the agent or |
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73 | 73 | | instrumentality of any private interest even though the district |
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74 | 74 | | will benefit many private interests as well as the public. |
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75 | 75 | | Sec. 3863.005. INITIAL DISTRICT TERRITORY. (a) The |
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76 | 76 | | district is initially composed of the territory described by |
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77 | 77 | | Section 2 of the Act enacting this chapter. |
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78 | 78 | | (b) The boundaries and field notes contained in Section 2 of |
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79 | 79 | | the Act enacting this chapter form a closure. A mistake in the |
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80 | 80 | | field notes or in copying the field notes in the legislative process |
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81 | 81 | | does not affect the district's: |
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82 | 82 | | (1) organization, existence, or validity; |
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83 | 83 | | (2) right to issue any type of bond for the purposes |
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84 | 84 | | for which the district is created or to pay the principal of and |
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85 | 85 | | interest on the bond; |
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86 | 86 | | (3) right to impose or collect an assessment or tax; or |
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87 | 87 | | (4) legality or operation. |
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88 | 88 | | Sec. 3863.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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89 | 89 | | All or any part of the area of the district is eligible to be |
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90 | 90 | | included in: |
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91 | 91 | | (1) a tax increment reinvestment zone created under |
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92 | 92 | | Chapter 311, Tax Code; |
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93 | 93 | | (2) a tax abatement reinvestment zone created under |
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94 | 94 | | Chapter 312, Tax Code; or |
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95 | 95 | | (3) an enterprise zone created under Chapter 2303, |
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96 | 96 | | Government Code. |
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97 | 97 | | Sec. 3863.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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98 | 98 | | DISTRICTS LAW. Except as otherwise provided by this chapter, |
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99 | 99 | | Chapter 375, Local Government Code, applies to the district. |
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100 | 100 | | Sec. 3863.008. LIBERAL CONSTRUCTION OF CHAPTER. This |
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101 | 101 | | chapter shall be liberally construed in conformity with the |
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102 | 102 | | findings and purposes stated in this chapter. |
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103 | 103 | | [Sections 3863.009-3863.050 reserved for expansion] |
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104 | 104 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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105 | 105 | | Sec. 3863.051. GOVERNING BODY; TERMS. The district is |
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106 | 106 | | governed by a board of five voting directors who serve staggered |
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107 | 107 | | terms of four years, with two or three directors' terms expiring |
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108 | 108 | | June 1 of each odd-numbered year. |
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109 | 109 | | Sec. 3863.052. APPOINTMENT OF DIRECTORS. The Texas |
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110 | 110 | | Commission on Environmental Quality shall appoint voting directors |
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111 | 111 | | from persons recommended by the board. |
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112 | 112 | | Sec. 3863.053. INITIAL VOTING DIRECTORS. (a) On or after |
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113 | 113 | | the effective date of the Act creating this chapter, the owner or |
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114 | 114 | | owners of a majority of the assessed value of the real property in |
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115 | 115 | | the district may submit a petition to the Texas Commission on |
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116 | 116 | | Environmental Quality requesting that the commission appoint as |
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117 | 117 | | initial voting directors the five persons named in the petition. |
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118 | 118 | | The commission shall appoint the five persons named in the petition |
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119 | 119 | | as initial voting directors by position. |
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120 | 120 | | (b) Of the initial voting directors, the terms of directors |
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121 | 121 | | appointed for positions 1 through 3 expire June 1, 2011, and the |
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122 | 122 | | terms of directors appointed for positions 4 and 5 expire June 1, |
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123 | 123 | | 2013. |
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124 | 124 | | (c) Section 3863.052 does not apply to the appointment of |
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125 | 125 | | directors under this section. |
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126 | 126 | | (d) This section expires September 1, 2014. |
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127 | 127 | | Sec. 3863.054. NONVOTING DIRECTORS. The board may appoint |
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128 | 128 | | nonvoting directors to serve at the pleasure of the voting |
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129 | 129 | | directors. |
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130 | 130 | | Sec. 3863.055. QUORUM. For purposes of determining the |
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131 | 131 | | requirements for a quorum of the board, the following are not |
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132 | 132 | | counted: |
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133 | 133 | | (1) a board position vacant for any reason, including |
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134 | 134 | | death, resignation, or disqualification; |
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135 | 135 | | (2) a director who is abstaining from participation in |
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136 | 136 | | a vote because of a conflict of interest; or |
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137 | 137 | | (3) a nonvoting director. |
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138 | 138 | | Sec. 3863.056. COMPENSATION. A director is entitled to |
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139 | 139 | | receive fees of office and reimbursement for actual expenses as |
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140 | 140 | | provided by Section 49.060, Water Code. Sections 375.069 and |
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141 | 141 | | 375.070, Local Government Code, do not apply to the board. |
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142 | 142 | | [Sections 3863.057-3863.100 reserved for expansion] |
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143 | 143 | | SUBCHAPTER C. POWERS AND DUTIES |
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144 | 144 | | Sec. 3863.101. DEVELOPMENT CORPORATION POWERS. The |
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145 | 145 | | district may exercise the powers given to a development corporation |
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146 | 146 | | under Chapter 505, Local Government Code, including the power to |
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147 | 147 | | own, operate, acquire, construct, lease, improve, or maintain a |
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148 | 148 | | project described by that chapter. |
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149 | 149 | | Sec. 3863.102. AGREEMENTS; GRANTS. (a) The district may |
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150 | 150 | | make an agreement with or accept a gift, grant, or loan from any |
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151 | 151 | | person. |
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152 | 152 | | (b) The implementation of a project is a governmental |
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153 | 153 | | function or service for the purposes of Chapter 791, Government |
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154 | 154 | | Code. |
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155 | 155 | | Sec. 3863.103. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT |
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156 | 156 | | SERVICES. To protect the public interest, the district may |
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157 | 157 | | contract with a qualified person, including Travis County, for the |
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158 | 158 | | provision of law enforcement services in the district for a fee. |
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159 | 159 | | Sec. 3863.104. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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160 | 160 | | district may join and pay dues to a charitable or nonprofit |
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161 | 161 | | organization that performs a service or provides an activity |
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162 | 162 | | consistent with the furtherance of a district purpose. |
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163 | 163 | | Sec. 3863.105. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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164 | 164 | | district may establish and provide for the administration of one or |
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165 | 165 | | more programs to promote state or local economic development and to |
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166 | 166 | | stimulate business and commercial activity in the district, |
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167 | 167 | | including programs to: |
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168 | 168 | | (1) make loans and grants of public money; and |
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169 | 169 | | (2) provide district personnel and services. |
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170 | 170 | | (b) The district has all of the powers of a municipality |
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171 | 171 | | under Chapter 380, Local Government Code. |
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172 | 172 | | Sec. 3863.106. STRATEGIC PARTNERSHIP AGREEMENT. The |
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173 | 173 | | district may negotiate and enter into a written strategic |
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174 | 174 | | partnership with a municipality under Section 43.0751, Local |
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175 | 175 | | Government Code. |
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176 | 176 | | Sec. 3863.107. NO EMINENT DOMAIN. The district may not |
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177 | 177 | | exercise the power of eminent domain. |
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178 | 178 | | Sec. 3863.108. ANNEXATION OR EXCLUSION OF LAND. (a) The |
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179 | 179 | | district may annex land as provided by Subchapter J, Chapter 49, |
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180 | 180 | | Water Code. |
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181 | 181 | | (b) The district may exclude land as provided by Subchapter |
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182 | 182 | | J, Chapter 49, Water Code. Section 375.044(b), Local Government |
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183 | 183 | | Code, does not apply to the district. |
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184 | 184 | | [Sections 3863.109-3863.150 reserved for expansion] |
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185 | 185 | | SUBCHAPTER D. PUBLIC PARKING FACILITIES |
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186 | 186 | | Sec. 3863.151. PARKING FACILITIES AUTHORIZED; OPERATION BY |
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187 | 187 | | PRIVATE ENTITY. (a) The district may acquire, lease as lessor or |
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188 | 188 | | lessee, construct, develop, own, operate, and maintain parking |
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189 | 189 | | facilities or a system of parking facilities, including: |
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190 | 190 | | (1) lots, garages, parking terminals, or other |
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191 | 191 | | structures or accommodations for parking motor vehicles off the |
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192 | 192 | | streets; and |
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193 | 193 | | (2) equipment, entrances, exits, fencing, and other |
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194 | 194 | | accessories necessary for safety and convenience in parking |
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195 | 195 | | vehicles. |
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196 | 196 | | (b) A parking facility of the district may be leased to or |
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197 | 197 | | operated on behalf of the district by an entity other than the |
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198 | 198 | | district. |
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199 | 199 | | (c) The district's parking facilities are a program |
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200 | 200 | | authorized by the legislature under Section 52-a, Article III, |
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201 | 201 | | Texas Constitution. |
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202 | 202 | | (d) The district's parking facilities serve the public |
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203 | 203 | | purposes of the district and are owned, used, and held for a public |
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204 | 204 | | purpose even if leased or operated by a private entity for a term of |
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205 | 205 | | years. |
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206 | 206 | | Sec. 3863.152. RULES. The district may adopt rules |
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207 | 207 | | governing the district's public parking facilities. |
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208 | 208 | | Sec. 3863.153. FINANCING OF PUBLIC PARKING FACILITIES. |
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209 | 209 | | (a) The district may use any of its resources, including revenue, |
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210 | 210 | | assessments, taxes, or grant or contract proceeds, to pay the cost |
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211 | 211 | | of acquiring or operating public parking facilities. |
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212 | 212 | | (b) The district may: |
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213 | 213 | | (1) set, charge, impose, and collect fees, charges, or |
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214 | 214 | | tolls for the use of the district's public parking facilities; and |
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215 | 215 | | (2) issue bonds or notes to finance the cost of the |
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216 | 216 | | district's public parking facilities. |
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217 | 217 | | Sec. 3863.154. ROAD IMPROVEMENTS. (a) Before development |
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218 | 218 | | begins, the district must obtain a traffic impact analysis |
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219 | 219 | | performed by a qualified independent traffic consultant for the |
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220 | 220 | | purpose of determining the impact of increased traffic caused by |
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221 | 221 | | the development of property in the district on Paleface Ranch Road |
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222 | 222 | | or other major roads connecting the district to State Highway 71. |
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223 | 223 | | The traffic impact analysis must identify the district's |
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224 | 224 | | proportionate impact on the roads, based on the daily average |
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225 | 225 | | number of trips to be generated from the district compared to the |
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226 | 226 | | total daily average number of trips estimated to be generated from |
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227 | 227 | | the total service area for the roads at full development. |
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228 | 228 | | (b) The district or a developer of land in the district |
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229 | 229 | | shall pay the district's proportionate share of the costs or design |
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230 | 230 | | and construct the district's proportionate share necessary to |
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231 | 231 | | improve roads as needed to maintain the normal level of service on |
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232 | 232 | | Paleface Ranch Road or any other connector roads. The payments or |
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233 | 233 | | improvements shall be phased to meet the increased traffic. |
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234 | 234 | | (c) This section does not obligate the district to |
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235 | 235 | | participate in the construction or financing of State Highway 71 or |
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236 | 236 | | any other state highway. |
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237 | 237 | | [Sections 3863.155-3863.200 reserved for expansion] |
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238 | 238 | | SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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239 | 239 | | Sec. 3863.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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240 | 240 | | board by resolution shall establish the number of directors' |
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241 | 241 | | signatures and the procedure required for a disbursement or |
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242 | 242 | | transfer of the district's money. |
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243 | 243 | | Sec. 3863.202. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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244 | 244 | | The district may acquire, construct, finance, operate, or maintain |
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245 | 245 | | any improvement or service authorized under this chapter or Chapter |
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246 | 246 | | 375, Local Government Code, using any money available to the |
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247 | 247 | | district. |
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248 | 248 | | Sec. 3863.203. PETITION REQUIRED FOR FINANCING SERVICES AND |
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249 | 249 | | IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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250 | 250 | | service or improvement project with assessments under this chapter |
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251 | 251 | | unless a written petition requesting that service or improvement |
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252 | 252 | | has been filed with the board. |
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253 | 253 | | (b) A petition filed under Subsection (a) must be signed by |
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254 | 254 | | the owners of a majority of the assessed value of real property in |
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255 | 255 | | the district subject to assessment according to the most recent |
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256 | 256 | | certified tax appraisal roll for Travis County. |
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257 | 257 | | Sec. 3863.204. METHOD OF NOTICE FOR HEARING. The district |
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258 | 258 | | may mail the notice required by Section 375.115(c), Local |
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259 | 259 | | Government Code, by certified or first class United States mail. |
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260 | 260 | | The board shall determine the method of mailing notice. |
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261 | 261 | | Sec. 3863.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. |
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262 | 262 | | (a) The board by resolution may impose and collect an assessment |
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263 | 263 | | for any purpose authorized by this chapter in all or any part of the |
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264 | 264 | | district. |
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265 | 265 | | (b) An assessment, a reassessment, or an assessment |
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266 | 266 | | resulting from an addition to or correction of the assessment roll |
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267 | 267 | | by the district, penalties and interest on an assessment or |
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268 | 268 | | reassessment, an expense of collection, and reasonable attorney's |
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269 | 269 | | fees incurred by the district: |
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270 | 270 | | (1) are a first and prior lien against the property |
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271 | 271 | | assessed; |
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272 | 272 | | (2) are superior to any other lien or claim other than |
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273 | 273 | | a lien or claim for county, school district, or municipal ad valorem |
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274 | 274 | | taxes; and |
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275 | 275 | | (3) are the personal liability of and a charge against |
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276 | 276 | | the owners of the property even if the owners are not named in the |
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277 | 277 | | assessment proceedings. |
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278 | 278 | | (c) The lien is effective from the date of the board's |
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279 | 279 | | resolution imposing the assessment until the date the assessment is |
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280 | 280 | | paid. The board may enforce the lien in the same manner that the |
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281 | 281 | | board may enforce an ad valorem tax lien against real property. |
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282 | 282 | | (d) The board may make a correction to or deletion from the |
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283 | 283 | | assessment roll that does not increase the amount of assessment of |
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284 | 284 | | any parcel of land without providing notice and holding a hearing in |
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285 | 285 | | the manner required for additional assessments. |
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286 | 286 | | Sec. 3863.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
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287 | 287 | | ASSESSMENTS. The district may not impose an impact fee or |
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288 | 288 | | assessment on the property, including the equipment, |
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289 | 289 | | rights-of-way, facilities, or improvements, of: |
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290 | 290 | | (1) an electric utility or a power generation company |
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291 | 291 | | as defined by Section 31.002, Utilities Code; |
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292 | 292 | | (2) a gas utility as defined by Section 101.003 or |
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293 | 293 | | 121.001, Utilities Code; |
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294 | 294 | | (3) a telecommunications provider as defined by |
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295 | 295 | | Section 51.002, Utilities Code; or |
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296 | 296 | | (4) a person who provides to the public cable |
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297 | 297 | | television or advanced telecommunications services. |
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298 | 298 | | Sec. 3863.207. RESIDENTIAL PROPERTY. Section 375.161, |
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299 | 299 | | Local Government Code, does not apply to a tax imposed by the |
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300 | 300 | | district or to a required payment for a service provided by the |
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301 | 301 | | district, including water and sewer service. |
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302 | 302 | | Sec. 3863.208. OPERATION AND MAINTENANCE TAX. (a) If |
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303 | 303 | | authorized at an election held in accordance with Section 3863.212, |
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304 | 304 | | the district may impose an annual operation and maintenance tax on |
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305 | 305 | | taxable property in the district in accordance with Section 49.107, |
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306 | 306 | | Water Code, for any district purpose, including to: |
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307 | 307 | | (1) maintain and operate the district; |
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308 | 308 | | (2) construct or acquire improvements; or |
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309 | 309 | | (3) provide a service. |
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310 | 310 | | (b) The board shall determine the tax rate. The rate may not |
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311 | 311 | | exceed the rate approved at the election. |
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312 | 312 | | (c) Section 49.107(h), Water Code, does not apply to the |
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313 | 313 | | district. |
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314 | 314 | | Sec. 3863.209. CONTRACT TAXES. (a) In accordance with |
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315 | 315 | | Section 49.108, Water Code, the district may impose a tax other than |
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316 | 316 | | an operation and maintenance tax and use the revenue derived from |
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317 | 317 | | the tax to make payments under a contract after the provisions of |
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318 | 318 | | the contract have been approved by a majority of the district voters |
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319 | 319 | | voting at an election held for that purpose. |
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320 | 320 | | (b) A contract approved by the district voters may contain a |
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321 | 321 | | provision stating that the contract may be modified or amended by |
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322 | 322 | | the board without further voter approval. |
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323 | 323 | | Sec. 3863.210. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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324 | 324 | | BONDS. (a) The district may borrow money on terms and conditions |
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325 | 325 | | as determined by the board. Section 375.205, Local Government |
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326 | 326 | | Code, does not apply to a loan, line of credit, or other borrowing |
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327 | 327 | | from a bank or financial institution secured by revenue other than |
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328 | 328 | | ad valorem taxes. |
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329 | 329 | | (b) The district may issue bonds, notes, or other |
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330 | 330 | | obligations payable wholly or partly from ad valorem taxes, sales |
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331 | 331 | | and use taxes, assessments, impact fees, revenue, contract |
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332 | 332 | | payments, grants, or other district money, or any combination of |
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333 | 333 | | those sources of money, to pay for any authorized district purpose. |
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334 | 334 | | (c) The limitation on the outstanding principal amount of |
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335 | 335 | | bonds, notes, and other obligations set forth in Section 49.4645, |
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336 | 336 | | Water Code, does not apply to the district. |
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337 | 337 | | Sec. 3863.211. TAXES FOR BONDS. At the time the district |
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338 | 338 | | issues bonds payable wholly or partly from ad valorem taxes, the |
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339 | 339 | | board shall provide for the annual imposition of a continuing |
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340 | 340 | | direct annual ad valorem tax, without limit as to rate or amount, |
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341 | 341 | | while all or part of the bonds are outstanding as required and in |
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342 | 342 | | the manner provided by Sections 54.601 and 54.602, Water Code. |
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343 | 343 | | Sec. 3863.212. ELECTIONS REGARDING TAXES AND BONDS. |
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344 | 344 | | (a) The district may issue, without an election, bonds, notes, and |
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345 | 345 | | other obligations secured by: |
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346 | 346 | | (1) revenue other than ad valorem taxes; or |
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347 | 347 | | (2) contract payments described by Section 3863.209. |
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348 | 348 | | (b) The district must hold an election in the manner |
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349 | 349 | | provided by Subchapter L, Chapter 375, Local Government Code, to |
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350 | 350 | | obtain voter approval before the district may impose an ad valorem |
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351 | 351 | | tax or sales and use tax or issue bonds payable from ad valorem |
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352 | 352 | | taxes. |
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353 | 353 | | (c) Section 375.243, Local Government Code, does not apply |
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354 | 354 | | to the district. |
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355 | 355 | | (d) All or any part of any facilities or improvements which |
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356 | 356 | | may be acquired by a district by the issuance of its bonds may be |
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357 | 357 | | included in one single proposition to be voted on at the election or |
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358 | 358 | | the bonds may be submitted in several propositions. |
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359 | 359 | | Sec. 3863.213. COMPETITIVE BIDDING. Subchapter I, Chapter |
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360 | 360 | | 49, Water Code, applies to the district. Sections 375.221 and |
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361 | 361 | | 375.223, Local Government Code, do not apply to the district. |
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362 | 362 | | Sec. 3863.214. TAX AND ASSESSMENT ABATEMENTS. The district |
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363 | 363 | | may grant in the manner authorized by Chapter 312, Tax Code, an |
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364 | 364 | | abatement for a tax or assessment owed to the district. |
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365 | 365 | | [Sections 3863.215-3863.250 reserved for expansion] |
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366 | 366 | | SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED |
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367 | 367 | | PROPERTY |
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368 | 368 | | Sec. 3863.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
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369 | 369 | | DESIGNATED PROPERTY. The district may define areas or designate |
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370 | 370 | | certain property of the district to pay for improvements, |
---|
371 | 371 | | facilities, or services that primarily benefit that area or |
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372 | 372 | | property and do not generally and directly benefit the district as a |
---|
373 | 373 | | whole. |
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374 | 374 | | Sec. 3863.252. PROCEDURE FOR ELECTION. (a) Before the |
---|
375 | 375 | | district may impose an ad valorem tax or issue bonds payable from ad |
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376 | 376 | | valorem taxes of the area defined or property designated under |
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377 | 377 | | Section 3863.251, the board must call and hold an election as |
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378 | 378 | | provided by Section 3863.212 only in the defined area or in the |
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379 | 379 | | boundaries of the designated property. |
---|
380 | 380 | | (b) The board may submit the proposition to the voters on |
---|
381 | 381 | | the same ballot to be used in another election. |
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382 | 382 | | Sec. 3863.253. DECLARING RESULT AND ISSUING ORDER. (a) If |
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383 | 383 | | a majority of the voters voting at the election approve the |
---|
384 | 384 | | proposition or propositions, the board shall declare the results |
---|
385 | 385 | | and by order shall establish the defined area and describe it by |
---|
386 | 386 | | metes and bounds or designate the specific property. |
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387 | 387 | | (b) A court may not review the board's order except on the |
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388 | 388 | | ground of fraud, palpable error, or arbitrary and confiscatory |
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389 | 389 | | abuse of discretion. |
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390 | 390 | | Sec. 3863.254. TAXES FOR SERVICES, IMPROVEMENTS, AND |
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391 | 391 | | FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter |
---|
392 | 392 | | approval and adoption of the order described in Section 3863.253, |
---|
393 | 393 | | the district may apply separately, differently, equitably, and |
---|
394 | 394 | | specifically its taxing power and lien authority to the defined |
---|
395 | 395 | | area or designated property to provide money to construct, |
---|
396 | 396 | | administer, maintain, and operate services, improvements, and |
---|
397 | 397 | | facilities that primarily benefit the defined area or designated |
---|
398 | 398 | | property. |
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399 | 399 | | Sec. 3863.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES |
---|
400 | 400 | | FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under |
---|
401 | 401 | | Section 3863.253 is adopted, the district may issue bonds to |
---|
402 | 402 | | provide for any land, improvements, facilities, plants, equipment, |
---|
403 | 403 | | and appliances for the defined area or designated property. |
---|
404 | 404 | | [Sections 3863.256-3863.300 reserved for expansion] |
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405 | 405 | | SUBCHAPTER G. SALES AND USE TAX |
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406 | 406 | | Sec. 3863.301. MEANINGS OF WORDS AND PHRASES. Words and |
---|
407 | 407 | | phrases used in this subchapter that are defined by Chapters 151 and |
---|
408 | 408 | | 321, Tax Code, have the meanings assigned by Chapters 151 and 321, |
---|
409 | 409 | | Tax Code. |
---|
410 | 410 | | Sec. 3863.302. APPLICABILITY OF CERTAIN TAX CODE |
---|
411 | 411 | | PROVISIONS. (a) Except as otherwise provided by this subchapter, |
---|
412 | 412 | | Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code, |
---|
413 | 413 | | apply to taxes imposed under this subchapter and to the |
---|
414 | 414 | | administration and enforcement of those taxes in the same manner |
---|
415 | 415 | | that those laws apply to state taxes. |
---|
416 | 416 | | (b) Chapter 321, Tax Code, relating to municipal sales and |
---|
417 | 417 | | use taxes, applies to the application, collection, change, and |
---|
418 | 418 | | administration of a sales and use tax imposed under this subchapter |
---|
419 | 419 | | to the extent consistent with this chapter, as if references in |
---|
420 | 420 | | Chapter 321, Tax Code, to a municipality referred to the district |
---|
421 | 421 | | and references to a governing body referred to the board. |
---|
422 | 422 | | (c) Sections 321.106, 321.401, 321.402, 321.403, 321.404, |
---|
423 | 423 | | 321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not |
---|
424 | 424 | | apply to a tax imposed under this subchapter. |
---|
425 | 425 | | Sec. 3863.303. AUTHORIZATION; ELECTION. (a) The district |
---|
426 | 426 | | may adopt a sales and use tax to serve the purposes of the district |
---|
427 | 427 | | after an election in which a majority of the voters of the district |
---|
428 | 428 | | voting in the election authorize the adoption of the tax. |
---|
429 | 429 | | (b) The board by order may call an election to authorize a |
---|
430 | 430 | | sales and use tax. The election may be held with any other district |
---|
431 | 431 | | election. |
---|
432 | 432 | | (c) The district shall provide notice of the election and |
---|
433 | 433 | | shall hold the election in the manner prescribed by Section |
---|
434 | 434 | | 3863.212. |
---|
435 | 435 | | (d) The ballots shall be printed to provide for voting for |
---|
436 | 436 | | or against the proposition: "Authorization of a sales and use tax |
---|
437 | 437 | | in the Travis County Improvement District No. 1 at a rate not to |
---|
438 | 438 | | exceed _____ percent." |
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439 | 439 | | Sec. 3863.304. ABOLISHING SALES AND USE TAX. (a) Except |
---|
440 | 440 | | as provided by Subsection (b), the board may abolish the sales and |
---|
441 | 441 | | use tax without an election. |
---|
442 | 442 | | (b) The board may not abolish the sales and use tax if the |
---|
443 | 443 | | district has outstanding debt secured by the tax. |
---|
444 | 444 | | Sec. 3863.305. SALES AND USE TAX RATE. (a) On adoption of |
---|
445 | 445 | | the tax authorized by this subchapter, there is imposed a tax on the |
---|
446 | 446 | | receipts from the sale at retail of taxable items in the district, |
---|
447 | 447 | | and an excise tax on the use, storage, or other consumption within |
---|
448 | 448 | | the district of taxable items purchased, leased, or rented from a |
---|
449 | 449 | | retailer in the district during the period that the tax is in |
---|
450 | 450 | | effect. |
---|
451 | 451 | | (b) The board shall determine the rate of the tax, which may |
---|
452 | 452 | | be in one-eighth of one percent increments not to exceed the maximum |
---|
453 | 453 | | rate authorized by the district voters at the election. The board |
---|
454 | 454 | | may decrease the tax rate to the extent it does not impair any |
---|
455 | 455 | | outstanding debt or obligations payable from the tax. |
---|
456 | 456 | | (c) The rate of the excise tax is the same as the rate of the |
---|
457 | 457 | | sales tax portion of the tax and is applied to the sales price of the |
---|
458 | 458 | | taxable item. |
---|
459 | 459 | | [Sections 3863.306-3863.350 reserved for expansion] |
---|
460 | 460 | | SUBCHAPTER H. HOTEL OCCUPANCY TAXES |
---|
461 | 461 | | Sec. 3863.351. HOTEL OCCUPANCY TAX. (a) In this section, |
---|
462 | 462 | | "hotel" has the meaning assigned by Section 156.001, Tax Code. |
---|
463 | 463 | | (b) For purposes of this section, a reference in Chapter |
---|
464 | 464 | | 351, Tax Code, to a municipality is a reference to the district and |
---|
465 | 465 | | a reference in Chapter 351, Tax Code, to the municipality's |
---|
466 | 466 | | officers or governing body is a reference to the board. |
---|
467 | 467 | | (c) Except as otherwise provided by this section, |
---|
468 | 468 | | Subchapter A, Chapter 351, Tax Code, governs a hotel occupancy tax |
---|
469 | 469 | | authorized by this section, including the collection of the tax. |
---|
470 | 470 | | (d) The district may impose a hotel occupancy tax and may |
---|
471 | 471 | | use revenue from the tax for any district purpose that is also an |
---|
472 | 472 | | authorized use of a municipality's hotel occupancy tax revenue |
---|
473 | 473 | | under Chapter 351, Tax Code. |
---|
474 | 474 | | (e) The board by order may impose, repeal, increase, or |
---|
475 | 475 | | decrease the rate of a tax on a person who, under a lease, |
---|
476 | 476 | | concession, permit, right of access, license, contract, or |
---|
477 | 477 | | agreement, pays for the use or possession or for the right to the |
---|
478 | 478 | | use or possession of a room that: |
---|
479 | 479 | | (1) is in a hotel located in the district's boundaries; |
---|
480 | 480 | | (2) costs $2 or more each day; and |
---|
481 | 481 | | (3) is ordinarily used for sleeping. |
---|
482 | 482 | | (f) The amount of the tax may not exceed seven percent of the |
---|
483 | 483 | | price paid for a room in a hotel. |
---|
484 | 484 | | (g) The district may examine and receive information |
---|
485 | 485 | | related to the imposition of hotel occupancy taxes to the same |
---|
486 | 486 | | extent as if the district were a municipality. |
---|
487 | 487 | | SECTION 2. The Travis County Improvement District No. 1 |
---|
488 | 488 | | initially includes all territory contained in the following area: |
---|
489 | 489 | | TRACT I - 767.09 ACRES |
---|
490 | 490 | | Being a 767.08 acre tract of land out of and a portion of the |
---|
491 | 491 | | Maria C. Salinas Survey No. 17, Abstract No. 776, the Grigsby Survey |
---|
492 | 492 | | No. 530, Abstract 331, the J. F. Cole Survey no. 303, Abstract 185, |
---|
493 | 493 | | the A. M. Maxey Survey No. 344, Abstract No. 2755, and the W. W. |
---|
494 | 494 | | Burton Survey No. 15 in Travis and Burnett Counties, Texas; said |
---|
495 | 495 | | 735.85 acre tract also being out of and a portion of a called 334.08 |
---|
496 | 496 | | acre tract of land as conveyed to Ralph B. Thomas, and Bette P. |
---|
497 | 497 | | Thomas as recorded in Warranty Deed Number 0701526 of the Deed |
---|
498 | 498 | | Records of Burnet County, Texas, a called 44.998 acre tract of land |
---|
499 | 499 | | as conveyed to Ralph Bowman Thomas, as recorded in Volume 592, Page |
---|
500 | 500 | | 107 of the Real Property Records of Travis County, Texas, a called |
---|
501 | 501 | | 9.801 acre tract of land as conveyed to Ralph Bowman Thomas, as |
---|
502 | 502 | | recorded in Volume 592, Page 110 of the Real Property Records of |
---|
503 | 503 | | Travis County, Texas, a 210.197 acre tract of land as conveyed to |
---|
504 | 504 | | Ralph Bowman Thomas, as recorded in Volume 592, Page 105 of the Real |
---|
505 | 505 | | Property Records of Travis County, Texas, a called 36.724 acre |
---|
506 | 506 | | tract of land as conveyed to Ralph Bowman Thomas, as recorded in |
---|
507 | 507 | | Volume 592, Page 109 of the Real Property Records of Travis County, |
---|
508 | 508 | | Texas, a called 69.996 acre tract of land as conveyed to Ralph |
---|
509 | 509 | | Bowman Thomas as recorded in Volume 12210, page 1756 of the Real |
---|
510 | 510 | | Property Records of Travis County, Texas, a called 31.226 acre |
---|
511 | 511 | | tract of land as conveyed to Ralph Bowman Thomas as recorded in |
---|
512 | 512 | | Clerk's File Number 2008158858 of the Official Public Records of |
---|
513 | 513 | | Travis County, Texas, and a called 10.00 acre tract of land as |
---|
514 | 514 | | conveyed to Ralph Bowman Thomas; said 767.08 acre tract of land is |
---|
515 | 515 | | more particularly described by metes and bounds as follows with all |
---|
516 | 516 | | bearings being referenced to the West line of said 334.08 acre tract |
---|
517 | 517 | | of land; |
---|
518 | 518 | | BEGINNING at a point for the Northwest corner of said 334.08 |
---|
519 | 519 | | acre tract, also being in the South right-of-way line of Haynie Flat |
---|
520 | 520 | | Road, said point also being the Northeast corner of a tract of land |
---|
521 | 521 | | conveyed to Jayco Holding LTD. as recorded in Volume 1377, Page 647 |
---|
522 | 522 | | of the Deed Records of Burnet County, Texas; |
---|
523 | 523 | | THENCE with the South right-of-way line of said Haynie Flat |
---|
524 | 524 | | Road as follows: |
---|
525 | 525 | | - South 66 18' 10" East, 816.87 feet to a point for corner; |
---|
526 | 526 | | - South 83 32' 58" East, 527.85 feet to a point for corner; |
---|
527 | 527 | | - North 80 08' 19" East, 755.01 feet to a point for corner; |
---|
528 | 528 | | - South 73 26' 33" East, 67.66 feet to a point for corner; |
---|
529 | 529 | | - South 50 03' 15" East, 750.74 feet to a point for corner; |
---|
530 | 530 | | THENCE South 00 33' 53" East with the East line of said 334.08 |
---|
531 | 531 | | acre tract of land, 950.65 feet to a point for corner; |
---|
532 | 532 | | THENCE South 83 28' 13" East with the North line of said 9.801 |
---|
533 | 533 | | acre tract of land, and the South right-of-way line of said Haynie |
---|
534 | 534 | | Flat Road, 1,163.56 feet to a point for corner in the West line of |
---|
535 | 535 | | said 44.998 acre tract; |
---|
536 | 536 | | THENCE North 01 22' 41" West, 225.12 feet to a point for |
---|
537 | 537 | | corner in the South line of Haynie Flat Road (recording unknown); |
---|
538 | 538 | | THENCE with said Haynie Flat Road as follows: |
---|
539 | 539 | | - South 83 43' 22" East, 185.35 feet to a point for corner; |
---|
540 | 540 | | - South 69 05' 13" East, 75.76 feet to a point for corner; |
---|
541 | 541 | | - South 62 09' 25" East, 141.91 feet to a point for corner; |
---|
542 | 542 | | - South 60 23' 08" East, 65.71 feet to a point for corner; |
---|
543 | 543 | | - South 52 23' 59" East, 26.39 feet to a point for corner; |
---|
544 | 544 | | - South 44 25' 03" East, 128.13 feet to a point for corner; |
---|
545 | 545 | | - South 27 24' 37" East, 104.89 feet to a point for corner; |
---|
546 | 546 | | - South 16 42' 01" East, 157.00 feet to a point for corner; |
---|
547 | 547 | | - South 03 42' 56" East, 10.82 feet to a point for the most |
---|
548 | 548 | | Northerly corner of said 69.996 acre tract of land; |
---|
549 | 549 | | - South 35 04' 47" East, 565.65 feet to a point for corner; |
---|
550 | 550 | | - South 32 49' 44" East, 262.35 feet to a point for corner; |
---|
551 | 551 | | - South 49 25' 20" East, 314.18 feet to a point for corner; |
---|
552 | 552 | | - South 53 20' 30" East, 217.14 feet to a point for corner in |
---|
553 | 553 | | the South right-of-way line of Paleface Ranch Road (recording |
---|
554 | 554 | | unknown); |
---|
555 | 555 | | THENCE with the South right-of-way line of said Paleface |
---|
556 | 556 | | Ranch Road as follows: |
---|
557 | 557 | | - South 63 04' 11" East, 257.13 feet to a point for corner; |
---|
558 | 558 | | - South 50 33' 39" East, 139.55 feet to a point for corner; |
---|
559 | 559 | | - South 49 24' 14" East, 92.98 feet to a point for corner; |
---|
560 | 560 | | - South 47 28' 19" East, 154.38 feet to a point for corner; |
---|
561 | 561 | | - South 46 43' 16" East, 256.53 feet to a point for corner; |
---|
562 | 562 | | - South 37 00' 56" East, 204.96 feet to a point for corner; |
---|
563 | 563 | | - South 37 37' 10" East, 543.03 feet to a point for the |
---|
564 | 564 | | Northeast corner of said 210.197 acre tract of land; |
---|
565 | 565 | | - South 36 27' 00" East, 699.03 feet to a point for corner; |
---|
566 | 566 | | - South 15 05' 09" East, 112.12 feet to a point for corner; |
---|
567 | 567 | | - South 04 45' 26" West, 230.64 feet to a point for corner; |
---|
568 | 568 | | - South 07 43' 23" West, 840.65 feet to a point for corner; |
---|
569 | 569 | | - South 05 27' 39" West, 779.99 feet to a point for the |
---|
570 | 570 | | Northeast corner of said 10.00 acre tract of land; |
---|
571 | 571 | | THENCE South 05 17' 38" West, 270.88 feet to a point for |
---|
572 | 572 | | corner; |
---|
573 | 573 | | THENCE South 04 43' 42" West, 34.85 feet to a point for the |
---|
574 | 574 | | most Northerly Southeast corner of said 10.00 acre tract and being a |
---|
575 | 575 | | Northeast corner of that certain called 1.0 acre tract of land as |
---|
576 | 576 | | conveyed to Geneva Hill, et al, in Volume 10450, Page 389 of the |
---|
577 | 577 | | Real Property Records of Travis County, Texas; |
---|
578 | 578 | | THENCE with the Northerly South line of said 10.00 acre tract |
---|
579 | 579 | | as follows: |
---|
580 | 580 | | - North 71 03' 46" West, 207.20 feet to a point for corner; |
---|
581 | 581 | | - North 18 54' 09" East, 182.74 feet to a point for corner; |
---|
582 | 582 | | - North 71 03' 59" West, 175.03 feet to a point for corner; |
---|
583 | 583 | | - South 18 53' 12" West, 212.86 feet to a point for the |
---|
584 | 584 | | Southwest corner of said 1.00 acre tract, and in the Northerly line |
---|
585 | 585 | | of said called 31.226 acre tract of land; |
---|
586 | 586 | | THENCE South 71 05' 27" East with the Northerly line of said |
---|
587 | 587 | | 31.226 acre tract, 389.79 feet to a point for corner in the west |
---|
588 | 588 | | right-of-way line of said Paleface Ranch Road; |
---|
589 | 589 | | THENCE with the West right-of-way line of said Paleface Ranch |
---|
590 | 590 | | Road as follows: |
---|
591 | 591 | | - South 16 14' 51" West, 100.14 feet to a point for corner; |
---|
592 | 592 | | - South 35 57' 30" West, 106.89 feet to a point for corner; |
---|
593 | 593 | | - South 45 35' 30" West, 359.24 feet to a point for corner; |
---|
594 | 594 | | - South 51 45' 21" West, 286.13 feet to a point for corner; |
---|
595 | 595 | | - South 62 05' 35" West, 697.66 feet to a point for corner; |
---|
596 | 596 | | - South 43 36' 15" West, 131.60 feet to a point for corner; |
---|
597 | 597 | | - South 29 22' 21" West, 133.33 feet to a point for the |
---|
598 | 598 | | Southeasterly corner of said 31.226 acre tract and the most |
---|
599 | 599 | | Southerly Southeast corner of that certain called 26.627 acre tract |
---|
600 | 600 | | of land as conveyed to Michael L. Bay-Borelli, and Debra E. |
---|
601 | 601 | | Bay-Borelli by Deed recorded in Document Number 2002208295 of the |
---|
602 | 602 | | Official Public Records of Travis County, Texas; |
---|
603 | 603 | | THENCE with the Southwesterly line of said 31.226 acre tract |
---|
604 | 604 | | as follows: |
---|
605 | 605 | | - North 52 41' 24" West, 641.65 feet to a point for corner; |
---|
606 | 606 | | - North 34 11' 39" East, 128.26 feet to a point for corner; |
---|
607 | 607 | | - North 25 32' 57" West, 610.09 feet to a point for corner; |
---|
608 | 608 | | - North 14 28' 58" East, 114.85 feet to a point for the most |
---|
609 | 609 | | North Westerly corner of said 31.226 acre tract, and in the South |
---|
610 | 610 | | line of said 210.197 acre tract; |
---|
611 | 611 | | THENCE North 75 29' 01" West, 727.40 feet to a point for |
---|
612 | 612 | | corner; |
---|
613 | 613 | | THENCE North 49 35' 26" West, 283.72 feet to a point for |
---|
614 | 614 | | corner; |
---|
615 | 615 | | THENCE North 50 03' 08" West, 523.15 feet to a point for the |
---|
616 | 616 | | Southwest corner of said 210.197 acre tract, and the Southeast |
---|
617 | 617 | | corner of said 36.724 acre tract of land corner, also being the |
---|
618 | 618 | | Southwesterly corner of that certain called tract of land conveyed |
---|
619 | 619 | | to State of Texas for Permanent School Funds in Volume 1397, Page |
---|
620 | 620 | | 990 of the Deed Records of Burnet County, Texas; |
---|
621 | 621 | | THENCE North 70 34' 29" West, 743.11 feet to a point for |
---|
622 | 622 | | corner in the West line of said State of Texas tract of land; |
---|
623 | 623 | | THENCE North 00 05' 34" West, 980.07 feet to a point for the |
---|
624 | 624 | | Southeast corner of said 334.08 acre tract; |
---|
625 | 625 | | THENCE West, 2,310.76 feet to a point for the Northwest |
---|
626 | 626 | | corner of said State of Texas tract, and the Northeast corner of a |
---|
627 | 627 | | tract of land as conveyed to Betty Ann Hollingsworth Herbert in |
---|
628 | 628 | | Volume 11690, Page 447 of the Deed Records of Travis County, Texas; |
---|
629 | 629 | | THENCE North 89 47' 18" West with the North line of said |
---|
630 | 630 | | Hebert tract, 976.81 feet to a point for the Southeast corner of |
---|
631 | 631 | | said Jayco Holding LTD tract, and the Southeast corner of said |
---|
632 | 632 | | 334.08 tract; |
---|
633 | 633 | | THENCE North 06 48' 08" East with the West line of said 334.08 |
---|
634 | 634 | | acre tract, 5,223.87 feet to the POINT OF BEGINNING; containing |
---|
635 | 635 | | 767.08 acres of land, more or less; SAVE AND EXCEPT, and excluding, |
---|
636 | 636 | | any portion of this tract lying within the limits of Burnet County, |
---|
637 | 637 | | Texas; with the intent being that this tract lies wholly within the |
---|
638 | 638 | | limits of Travis County, Texas. |
---|
639 | 639 | | TRACT II - 482.50 ACRES |
---|
640 | 640 | | Being a 482.50 acre tract of land out of and a portion of the |
---|
641 | 641 | | J. F. Cole Survey No. 303, Abstract 185, the V. L. Labenski Survey |
---|
642 | 642 | | No. 301, the John Moat Survey No. 412, the R. R. Germany Survey No. |
---|
643 | 643 | | 304, the John Ewers Survey No. 410, and the John Ewers Survey No. |
---|
644 | 644 | | 308 in Travis County, Texas; said 482.50 acre tract also being out |
---|
645 | 645 | | of and a portion of a called 15.241 acre tract of land as conveyed to |
---|
646 | 646 | | Ralph Bowman Thomas as recorded in Volume 12210, page 1756 of the |
---|
647 | 647 | | Real Property Records of Travis County, Texas, a called 287.84 acre |
---|
648 | 648 | | tract of land as conveyed to Ralph Bowman Thomas in Volume 12029, |
---|
649 | 649 | | Page 0628 of the Real Property Records of Travis County, Texas, a |
---|
650 | 650 | | called 7.01 acre tract of land as conveyed to Ralph Bowman Thomas as |
---|
651 | 651 | | recorded in Volume 12142, Page 3244 of the Real Property Records of |
---|
652 | 652 | | Travis County, Texas, a 170.94 acre tract of land as conveyed to |
---|
653 | 653 | | Ralph Bowman Thomas as recorded in Volume 12122, Page 2518 of the |
---|
654 | 654 | | Real Property Records of Travis County, Texas, and a called 1.781 |
---|
655 | 655 | | acre tract of land as conveyed to Ralph Bowman Thomas as recorded in |
---|
656 | 656 | | Volume 12341, Page 0433 of the Real Property Records of Travis |
---|
657 | 657 | | County, Texas; said 482.50 acre tract of land is more particularly |
---|
658 | 658 | | described by metes and bounds as follows with all bearings being |
---|
659 | 659 | | referenced to the West line of said 287.84 acre tract of land; |
---|
660 | 660 | | BEGINNING at a point for the Southwest corner of said 15.241 |
---|
661 | 661 | | acre tract, also being in the South right-of-way line of Haynie Flat |
---|
662 | 662 | | Road (recording unknown), and the North right-of-way line of |
---|
663 | 663 | | Paleface Ranch Road (recording unknown); |
---|
664 | 664 | | THENCE with said Haynie Flat Road as follows: |
---|
665 | 665 | | - North 30 23' 08" East, 347.80 feet to a point for corner; |
---|
666 | 666 | | - North 31 39' 24" East, 108.86 feet to a point for corner; |
---|
667 | 667 | | - North 40 00' 00" East, 3,271.92 feet to a point for corner; |
---|
668 | 668 | | - South 49 40' 37" East, 3,050.44 feet to a point for corner |
---|
669 | 669 | | at the beginning of a curve to the left; |
---|
670 | 670 | | - along the arc of said curve to the left, having a chord of |
---|
671 | 671 | | South 74 06' 43" East, 219.54 feet, a radius of 517.92 feet, a |
---|
672 | 672 | | central angle of 24 28' 21", a distance of 221.22 feet to a point |
---|
673 | 673 | | for corner; |
---|
674 | 674 | | - continuing along the arc of said curve to the left, having a |
---|
675 | 675 | | chord of North 80 57' 51" East, 270.58 feet, a radius of 597.67 |
---|
676 | 676 | | feet, a central angle of 26 09' 59", a distance of 272.95 feet to a |
---|
677 | 677 | | point for corner; |
---|
678 | 678 | | - North 67 47' 51" East, 294.01 feet to a point for corner; |
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679 | 679 | | - North 64 20' 52" East, 474.60 feet to a point for corner at |
---|
680 | 680 | | the beginning of a curve to the left; |
---|
681 | 681 | | - along the arc of said curve to the left, having a chord of |
---|
682 | 682 | | North 51 32' 52" East, 259.41 feet, a radius of 585.45 feet, a |
---|
683 | 683 | | central angle of 25 35' 59", a distance of 261.58 feet to a point |
---|
684 | 684 | | for corner; |
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685 | 685 | | - North 31 20' 51" East, 5.66 feet to a point for corner; |
---|
686 | 686 | | - North 45 18' 55" East, 147.73 feet to a point for corner at |
---|
687 | 687 | | the beginning of a curve to the right; |
---|
688 | 688 | | - along the arc of said curve to the right, having a chord of |
---|
689 | 689 | | North 75 39' 23" East, 483.14 feet, a radius of 490.87 feet, a |
---|
690 | 690 | | central angle of 58 57' 41", a distance of 505.14 feet to a point |
---|
691 | 691 | | for corner; |
---|
692 | 692 | | - South 74 41' 05" East, 73.93 feet to a point for corner; |
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693 | 693 | | - South 65 02' 26" East, 242.87 feet to a point for corner; |
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694 | 694 | | - South 67 46' 10" East, 632.84 feet to a point for corner; |
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695 | 695 | | - South 68 58' 09" East, 586.34 feet to a point for corner; |
---|
696 | 696 | | - South 63 23' 07" East, 234.88 feet to a point for corner at |
---|
697 | 697 | | the beginning of a curve to the right; |
---|
698 | 698 | | - along the arc of said curve to the right, having a chord of |
---|
699 | 699 | | South 54 05' 07" East, 196.29 feet, a radius of 607.30 feet, a |
---|
700 | 700 | | central angle of 18 36' 00", a distance of 197.15 feet to a point |
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701 | 701 | | for corner; |
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702 | 702 | | - continuing along the arc of said curve to the right, having |
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703 | 703 | | a chord of South 32 47' 07" East, 384.80 feet, a radius of 925.40 |
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704 | 704 | | feet, a central angle of 24 00' 00", a distance of 387.63 feet to a |
---|
705 | 705 | | point for corner; |
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706 | 706 | | - South 20 47' 07" East, 321.96 feet to a point for corner at |
---|
707 | 707 | | the beginning of a curve to the left; |
---|
708 | 708 | | - along the arc of said curve to the left, having a chord of |
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709 | 709 | | South 35 49' 07" East, 313.18 feet, a radius of 603.70 feet, a |
---|
710 | 710 | | central angle of 30 04' 00", a distance of 316.80 feet to a point |
---|
711 | 711 | | for corner; |
---|
712 | 712 | | - South 50 51' 07" East, 1,129.28 feet to a point for corner |
---|
713 | 713 | | at the beginning of a curve to the right; |
---|
714 | 714 | | - along the arc of said curve to the right, having a chord of |
---|
715 | 715 | | South 37 25' 07" East, 429.97 feet, a radius of 925.40 feet, a |
---|
716 | 716 | | central angle of 26 52' 00", a distance of 433.93 feet to a point |
---|
717 | 717 | | for corner; |
---|
718 | 718 | | - South 23 59' 07" East, 53.87 feet to a point for the |
---|
719 | 719 | | Northeast corner of said 170.94 acre tract; |
---|
720 | 720 | | THENCE South 38 52' 11" West with the East line of said 170.94 |
---|
721 | 721 | | acre tract, 1,446.00 feet to a point for the Southeast corner of |
---|
722 | 722 | | said 170.94 acre tract; |
---|
723 | 723 | | THENCE with the Southerly line of said 170.94 acre tract as |
---|
724 | 724 | | follows: |
---|
725 | 725 | | - North 44 06' 59" West, 301.32 feet to a point for corner; |
---|
726 | 726 | | - North 32 57' 59" West, 261.60 feet to a point for corner; |
---|
727 | 727 | | - North 27 31' 59" West, 58.00 feet to a point for corner; |
---|
728 | 728 | | - North 60 07' 59" West, 144.10 feet to a point for corner; |
---|
729 | 729 | | - North 47 10' 59" West, 343.10 feet to a point for corner; |
---|
730 | 730 | | - North 42 40' 59" West, 113.70 feet to a point for corner; |
---|
731 | 731 | | - North 38 08' 59" West, 191.80 feet to a point for corner; |
---|
732 | 732 | | - North 58 03' 59" West, 170.20 feet to a point for corner; |
---|
733 | 733 | | - North 47 44' 59" West, 153.30 feet to a point for corner; |
---|
734 | 734 | | - North 36 27' 59" West, 111.00 feet to a point for corner; |
---|
735 | 735 | | - North 26 08' 59" West, 65.60 feet to a point for corner; |
---|
736 | 736 | | - North 42 37' 59" West, 153.30 feet to a point for corner; |
---|
737 | 737 | | - North 60 44' 59" West, 103.40 feet to a point for corner; |
---|
738 | 738 | | - North 49 33' 59" West, 126.50 feet to a point for corner; |
---|
739 | 739 | | - North 35 31' 59" West, 103.20 feet to a point for corner; |
---|
740 | 740 | | - North 08 01' 59" West, 33.20 feet to a point for corner; |
---|
741 | 741 | | - North 00 54' 01" East, 65.60 feet to a point for corner; |
---|
742 | 742 | | - North 32 16' 01" East, 177.40 feet to a point for corner; |
---|
743 | 743 | | - North 43 23' 01" East, 182.90 feet to a point for corner; |
---|
744 | 744 | | - North 82 08' 59" West, 90.50 feet to a point for corner; |
---|
745 | 745 | | - North 49 46' 59" West, 75.30 feet to a point for corner; |
---|
746 | 746 | | - North 34 37' 59" West, 144.50 feet to a point for corner; |
---|
747 | 747 | | - South 23 17' 01" West, 88.20 feet to a point for corner; |
---|
748 | 748 | | - South 08 53' 01" West, 133.80 feet to a point for corner; |
---|
749 | 749 | | - South 31 03' 01" West, 65.90 feet to a point for corner; |
---|
750 | 750 | | - South 32 52' 01" West, 183.90 feet to a point for corner; |
---|
751 | 751 | | - South 53 24' 01" West, 24.80 feet to a point for corner; |
---|
752 | 752 | | - South 82 27' 01" West, 44.60 feet to a point for corner; |
---|
753 | 753 | | - North 73 14' 59" West, 185.70 feet to a point for corner; |
---|
754 | 754 | | - North 66 44' 59" West, 468.00 feet to a point for corner; |
---|
755 | 755 | | - North 47 24' 59" West, 277.70 feet to a point for corner; |
---|
756 | 756 | | - North 73 00' 59" West, 462.10 feet to a point for corner; |
---|
757 | 757 | | - North 79 19' 59" West, 350.00 feet to a point for corner; |
---|
758 | 758 | | - North 54 05' 59" West, 40.00 feet to a point for corner; |
---|
759 | 759 | | - North 09 16' 59" West, 54.10 feet to a point for corner; |
---|
760 | 760 | | - North 08 39' 01" East, 168.60 feet to a point for corner; |
---|
761 | 761 | | - North 11 19' 59" West, 152.30 feet to a point for corner; |
---|
762 | 762 | | - South 21 13' 01" West, 134.40 feet to a point for corner; |
---|
763 | 763 | | - South 28 29' 01" West, 95.80 feet to a point for corner; |
---|
764 | 764 | | - South 23 49' 41" West, 99.63 feet to a point for the |
---|
765 | 765 | | Southwesterly corner of said 170.94 acre tract, said point also |
---|
766 | 766 | | being in the North line of said 287.84 acre tract; |
---|
767 | 767 | | THENCE South 48 56' 38" East with the North line of said |
---|
768 | 768 | | 287.84 acre tract, 327.54 feet to a point on the North bank of the |
---|
769 | 769 | | Pedernales River, now inundated by the waters of Lake Travis; |
---|
770 | 770 | | THENCE with the North and West bank of said Pedernales River |
---|
771 | 771 | | as follows: |
---|
772 | 772 | | - South 64 00' 00" West, 232.43 feet to a point for corner; |
---|
773 | 773 | | - South 32 00' 00" West, 202.00 feet to a point for corner; |
---|
774 | 774 | | - South 08 00' 00" West, 455.00 feet to a point for corner; |
---|
775 | 775 | | - South 10 00' 00" East, 400.00 feet to a point for corner; |
---|
776 | 776 | | - South 19 00' 00" East, 408.00 feet to a point for corner; |
---|
777 | 777 | | - South 36 11' 04" East, 509.92 feet to a point for corner; |
---|
778 | 778 | | - South 22 08' 43" East, 461.36 feet to a point for corner in |
---|
779 | 779 | | the centerline of a ravine now inundated by the waters of Lake |
---|
780 | 780 | | Travis; |
---|
781 | 781 | | THENCE with the centerline of said ravine as follows: |
---|
782 | 782 | | - South 69 39' 01" West, 625.00 feet to a point for corner; |
---|
783 | 783 | | - North 75 35' 59" West, 440.00 feet to a point for corner; |
---|
784 | 784 | | - North 65 50' 59" West, 620.00 feet to a point for corner; |
---|
785 | 785 | | - North 14 35' 59" West, 440.00 feet to a point for corner; |
---|
786 | 786 | | - North 16 17' 01" East, 501.00 feet to a point for corner; |
---|
787 | 787 | | - North 53 21' 31" West, 176.92 feet to a point for corner; |
---|
788 | 788 | | - North 44 08' 58" West, 240.27 feet to a point for corner; |
---|
789 | 789 | | - North 57 26' 22" West, 119.19 feet to a point for corner; |
---|
790 | 790 | | - North 51 05' 53" West, 206.28 feet to a point for corner; |
---|
791 | 791 | | - North 75 14' 25" West, 112.08 feet to a point for corner; |
---|
792 | 792 | | - North 13 16' 01" East, 25.00 feet to a point for corner in |
---|
793 | 793 | | the South line of said 287.84 acre tract; |
---|
794 | 794 | | THENCE with the South line of said 287.84 acre tract as |
---|
795 | 795 | | follows: |
---|
796 | 796 | | - North 76 43' 59" West, 10.45 feet to a point for corner; |
---|
797 | 797 | | - North 68 03' 09" West, 164.71 feet to a point for corner; |
---|
798 | 798 | | - North 65 55' 57" West, 480.75 feet to a point for corner; |
---|
799 | 799 | | - North 66 01' 19" West, 1,163.01 feet to a point for corner; |
---|
800 | 800 | | - South 82 57' 07" West, 16.87 feet to a point for corner; |
---|
801 | 801 | | - North 31 52' 00" West, 15.44 feet to a point for corner; |
---|
802 | 802 | | - South 71 50' 15" West, 1,009.06 feet to a point for the |
---|
803 | 803 | | Southwesterly corner of said 287.84 acre tract, and the Northeast |
---|
804 | 804 | | corner of said 15.241 acre tract; |
---|
805 | 805 | | THENCE South 00 16' 35" East, 260.71 feet to a point for |
---|
806 | 806 | | corner; |
---|
807 | 807 | | THENCE South 65 57' 27" East, 110.68 feet to a point for |
---|
808 | 808 | | corner; |
---|
809 | 809 | | THENCE South 67 01' 21" East, 32.47 feet to a point for |
---|
810 | 810 | | corner; |
---|
811 | 811 | | THENCE South 29 11' 37" West, 55.50 feet to a point for |
---|
812 | 812 | | corner; |
---|
813 | 813 | | THENCE South 39 16' 53" West, 11.52 feet to a point for corner |
---|
814 | 814 | | for a Northeasterly corner of said 1.781 acre tract; |
---|
815 | 815 | | THENCE with the East line of said 1.781 acre tract as follows: |
---|
816 | 816 | | - South 30 02' 03" East, 30.83 feet to a point for corner; |
---|
817 | 817 | | - South 06 24' 39" East, 80.85 feet to a point for corner; |
---|
818 | 818 | | - South 20 44' 41" West, 57.13 feet to a point for corner; |
---|
819 | 819 | | - South 38 38' 12" West, 58.24 feet to a point for corner; |
---|
820 | 820 | | - South 52 29' 45" West, 108.56 feet to a point for corner; |
---|
821 | 821 | | - South 55 46' 45" West, 181.13 feet to a point for corner in |
---|
822 | 822 | | the North line of said Paleface Ranch Road; |
---|
823 | 823 | | THENCE with the North line of said Paleface Ranch Road as |
---|
824 | 824 | | follows: |
---|
825 | 825 | | - North 37 34' 31" West, 128.95 feet to a point for corner; |
---|
826 | 826 | | - North 37 26' 17" West, 62.78 feet to a point for the |
---|
827 | 827 | | Southwest corner of said 1.781 acre tract, and the Southeast corner |
---|
828 | 828 | | of said 15.241 acre tract; |
---|
829 | 829 | | - North 37 26' 17" West, 369.15 feet to a point for corner; |
---|
830 | 830 | | - North 40 03' 08" West, 63.66 feet to a point for corner; |
---|
831 | 831 | | - North 18 09' 23" West, 14.01 feet to a point for corner; |
---|
832 | 832 | | - North 43 54' 03" West, 15.90 feet to a point for corner; |
---|
833 | 833 | | - North 68 55' 02" West, 8.93 feet to a point for corner; |
---|
834 | 834 | | - North 40 57' 50" West, 130.58 feet to a point for corner; |
---|
835 | 835 | | - North 45 28' 49" West, 410.55 feet to a point for corner; |
---|
836 | 836 | | - North 52 38' 51" West, 242.60 feet to the POINT OF |
---|
837 | 837 | | BEGINNING; containing 482.50 acres of land, more or less. |
---|
838 | 838 | | SECTION 3. (a) The legal notice of the intention to |
---|
839 | 839 | | introduce this Act, setting forth the general substance of this |
---|
840 | 840 | | Act, has been published as provided by law, and the notice and a |
---|
841 | 841 | | copy of this Act have been furnished to all persons, agencies, |
---|
842 | 842 | | officials, or entities to which they are required to be furnished |
---|
843 | 843 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
---|
844 | 844 | | Government Code. |
---|
845 | 845 | | (b) The governor, one of the required recipients, has |
---|
846 | 846 | | submitted the notice and Act to the Texas Commission on |
---|
847 | 847 | | Environmental Quality. |
---|
848 | 848 | | (c) The Texas Commission on Environmental Quality has filed |
---|
849 | 849 | | its recommendations relating to this Act with the governor, |
---|
850 | 850 | | lieutenant governor, and speaker of the house of representatives |
---|
851 | 851 | | within the required time. |
---|
852 | 852 | | (d) The general law relating to consent by political |
---|
853 | 853 | | subdivisions to the creation of districts with conservation, |
---|
854 | 854 | | reclamation, and road powers and the inclusion of land in those |
---|
855 | 855 | | districts has been complied with. |
---|
856 | 856 | | (e) All requirements of the constitution and laws of this |
---|
857 | 857 | | state and the rules and procedures of the legislature with respect |
---|
858 | 858 | | to the notice, introduction, and passage of this Act have been |
---|
859 | 859 | | fulfilled and accomplished. |
---|
860 | 860 | | SECTION 4. This Act takes effect immediately if it receives |
---|
861 | 861 | | a vote of two-thirds of all the members elected to each house, as |
---|
862 | 862 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
863 | 863 | | Act does not receive the vote necessary for immediate effect, this |
---|
864 | 864 | | Act takes effect September 1, 2009. |
---|
865 | 865 | | ______________________________ ______________________________ |
---|
866 | 866 | | President of the Senate Speaker of the House |
---|
867 | 867 | | I hereby certify that S.B. No. 2526 passed the Senate on |
---|
868 | 868 | | May 12, 2009, by the following vote: Yeas 31, Nays 0; and that the |
---|
869 | 869 | | Senate concurred in House amendment on May 29, 2009, by the |
---|
870 | 870 | | following vote: Yeas 30, Nays 0. |
---|
871 | 871 | | ______________________________ |
---|
872 | 872 | | Secretary of the Senate |
---|
873 | 873 | | I hereby certify that S.B. No. 2526 passed the House, with |
---|
874 | 874 | | amendment, on May 26, 2009, by the following vote: Yeas 142, |
---|
875 | 875 | | Nays 0, one present not voting. |
---|
876 | 876 | | ______________________________ |
---|
877 | 877 | | Chief Clerk of the House |
---|
878 | 878 | | Approved: |
---|
879 | 879 | | ______________________________ |
---|
880 | 880 | | Date |
---|
881 | 881 | | ______________________________ |
---|
882 | 882 | | Governor |
---|