S.B. No. 2526
AN ACT
relating to the creation of the Travis County Improvement District
No. 1; providing authority to impose an assessment, impose a tax,
and issue bonds.
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 3863 to read as follows:
CHAPTER 3863. TRAVIS COUNTY IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3863.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Travis County Improvement
District No. 1.
Sec. 3863.002. NATURE OF DISTRICT. The Travis County
Improvement District No. 1 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3863.003. PURPOSE; DECLARATION OF INTENT. (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 and in authorizing Travis County
and other political subdivisions to contract with 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 Travis County from providing the level of
services provided, as of the effective date of the Act enacting this
chapter, to the area in the district. The district is created to
supplement and not to supplant the county services provided in the
area in the district.
Sec. 3863.004. 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:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3863.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on the bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3863.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code; or
(3) an enterprise zone created under Chapter 2303,
Government Code.
Sec. 3863.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3863.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3863.009-3863.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3863.051. GOVERNING BODY; TERMS. The district is
governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring
June 1 of each odd-numbered year.
Sec. 3863.052. APPOINTMENT OF DIRECTORS. The Texas
Commission on Environmental Quality shall appoint voting directors
from persons recommended by the board.
Sec. 3863.053. INITIAL VOTING DIRECTORS. (a) On or after
the effective date of the Act creating this chapter, the owner or
owners of a majority of the assessed value of the real property in
the district may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
initial voting directors the five persons named in the petition.
The commission shall appoint the five persons named in the petition
as initial voting directors by position.
(b) Of the initial voting directors, the terms of directors
appointed for positions 1 through 3 expire June 1, 2011, and the
terms of directors appointed for positions 4 and 5 expire June 1,
2013.
(c) Section 3863.052 does not apply to the appointment of
directors under this section.
(d) This section expires September 1, 2014.
Sec. 3863.054. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3863.055. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
Sec. 3863.056. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
[Sections 3863.057-3863.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3863.101. DEVELOPMENT CORPORATION POWERS. The
district may exercise the powers given to a development corporation
under Chapter 505, Local Government Code, including the power to
own, operate, acquire, construct, lease, improve, or maintain a
project described by that chapter.
Sec. 3863.102. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3863.103. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
SERVICES. To protect the public interest, the district may
contract with a qualified person, including Travis County, for the
provision of law enforcement services in the district for a fee.
Sec. 3863.104. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3863.105. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may establish and provide for the administration of one or
more programs to promote state or local economic development and to
stimulate business and commercial activity in the district,
including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(b) The district has all of the powers of a municipality
under Chapter 380, Local Government Code.
Sec. 3863.106. STRATEGIC PARTNERSHIP AGREEMENT. The
district may negotiate and enter into a written strategic
partnership with a municipality under Section 43.0751, Local
Government Code.
Sec. 3863.107. NO EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
Sec. 3863.108. ANNEXATION OR EXCLUSION OF LAND. (a) The
district may annex land as provided by Subchapter J, Chapter 49,
Water Code.
(b) The district may exclude land as provided by Subchapter
J, Chapter 49, Water Code. Section 375.044(b), Local Government
Code, does not apply to the district.
[Sections 3863.109-3863.150 reserved for expansion]
SUBCHAPTER D. PUBLIC PARKING FACILITIES
Sec. 3863.151. PARKING FACILITIES AUTHORIZED; OPERATION BY
PRIVATE ENTITY. (a) The district may acquire, lease as lessor or
lessee, construct, develop, own, operate, and maintain parking
facilities or a system of parking facilities, including:
(1) lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets; and
(2) equipment, entrances, exits, fencing, and other
accessories necessary for safety and convenience in parking
vehicles.
(b) A parking facility of the district may be leased to or
operated on behalf of the district by an entity other than the
district.
(c) The district's parking facilities are a program
authorized by the legislature under Section 52-a, Article III,
Texas Constitution.
(d) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
Sec. 3863.152. RULES. The district may adopt rules
governing the district's public parking facilities.
Sec. 3863.153. FINANCING OF PUBLIC PARKING FACILITIES.
(a) The district may use any of its resources, including revenue,
assessments, taxes, or grant or contract proceeds, to pay the cost
of acquiring or operating public parking facilities.
(b) The district may:
(1) set, charge, impose, and collect fees, charges, or
tolls for the use of the district's public parking facilities; and
(2) issue bonds or notes to finance the cost of the
district's public parking facilities.
Sec. 3863.154. ROAD IMPROVEMENTS. (a) Before development
begins, the district must obtain a traffic impact analysis
performed by a qualified independent traffic consultant for the
purpose of determining the impact of increased traffic caused by
the development of property in the district on Paleface Ranch Road
or other major roads connecting the district to State Highway 71.
The traffic impact analysis must identify the district's
proportionate impact on the roads, based on the daily average
number of trips to be generated from the district compared to the
total daily average number of trips estimated to be generated from
the total service area for the roads at full development.
(b) The district or a developer of land in the district
shall pay the district's proportionate share of the costs or design
and construct the district's proportionate share necessary to
improve roads as needed to maintain the normal level of service on
Paleface Ranch Road or any other connector roads. The payments or
improvements shall be phased to meet the increased traffic.
(c) This section does not obligate the district to
participate in the construction or financing of State Highway 71 or
any other state highway.
[Sections 3863.155-3863.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 3863.201. 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. 3863.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3863.203. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for Travis County.
Sec. 3863.204. METHOD OF NOTICE FOR HEARING. The district
may mail the notice required by Section 375.115(c), Local
Government Code, by certified or first class United States mail.
The board shall determine the method of mailing notice.
Sec. 3863.205. ASSESSMENTS; LIENS FOR ASSESSMENTS.
(a) The board by resolution may impose and collect an assessment
for any purpose authorized by this chapter in all or any part of the
district.
(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. 3863.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services.
Sec. 3863.207. RESIDENTIAL PROPERTY. Section 375.161,
Local Government Code, does not apply to a tax imposed by the
district or to a required payment for a service provided by the
district, including water and sewer service.
Sec. 3863.208. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held in accordance with Section 3863.212,
the district may impose an annual operation and maintenance tax on
taxable property in the district in accordance with Section 49.107,
Water Code, for any district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3863.209. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Sec. 3863.210. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS. (a) The district may borrow money on terms and conditions
as determined by the board. Section 375.205, Local Government
Code, does not apply to a loan, line of credit, or other borrowing
from a bank or financial institution secured by revenue other than
ad valorem taxes.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes, sales
and use taxes, assessments, impact fees, revenue, contract
payments, grants, or other district money, or any combination of
those sources of money, to pay for any authorized district purpose.
(c) The limitation on the outstanding principal amount of
bonds, notes, and other obligations set forth in Section 49.4645,
Water Code, does not apply to the district.
Sec. 3863.211. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct annual ad valorem tax, without limit as to rate or amount,
while all or part of the bonds are outstanding as required and in
the manner provided by Sections 54.601 and 54.602, Water Code.
Sec. 3863.212. ELECTIONS REGARDING TAXES AND BONDS.
(a) The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3863.209.
(b) 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 may impose an ad valorem
tax or sales and use tax or issue bonds payable from ad valorem
taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements which
may be acquired by a district by the issuance of its bonds may be
included in one single proposition to be voted on at the election or
the bonds may be submitted in several propositions.
Sec. 3863.213. COMPETITIVE BIDDING. Subchapter I, Chapter
49, Water Code, applies to the district. Sections 375.221 and
375.223, Local Government Code, do not apply to the district.
Sec. 3863.214. TAX AND ASSESSMENT ABATEMENTS. The district
may grant in the manner authorized by Chapter 312, Tax Code, an
abatement for a tax or assessment owed to the district.
[Sections 3863.215-3863.250 reserved for expansion]
SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
PROPERTY
Sec. 3863.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. The district may define areas or designate
certain property of the district to pay for improvements,
facilities, or services that primarily benefit that area or
property and do not generally and directly benefit the district as a
whole.
Sec. 3863.252. PROCEDURE FOR ELECTION. (a) Before the
district may impose an ad valorem tax or issue bonds payable from ad
valorem taxes of the area defined or property designated under
Section 3863.251, the board must call and hold an election as
provided by Section 3863.212 only in the defined area or in the
boundaries of the designated property.
(b) The board may submit the proposition to the voters on
the same ballot to be used in another election.
Sec. 3863.253. DECLARING RESULT AND ISSUING ORDER. (a) If
a majority of the voters voting at the election approve the
proposition or propositions, the board shall declare the results
and by order shall establish the defined area and describe it by
metes and bounds or designate the specific property.
(b) A court may not review the board's order except on the
ground of fraud, palpable error, or arbitrary and confiscatory
abuse of discretion.
Sec. 3863.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
approval and adoption of the order described in Section 3863.253,
the district may apply separately, differently, equitably, and
specifically its taxing power and lien authority to the defined
area or designated property to provide money to construct,
administer, maintain, and operate services, improvements, and
facilities that primarily benefit the defined area or designated
property.
Sec. 3863.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
Section 3863.253 is adopted, the district may issue bonds to
provide for any land, improvements, facilities, plants, equipment,
and appliances for the defined area or designated property.
[Sections 3863.256-3863.300 reserved for expansion]
SUBCHAPTER G. SALES AND USE TAX
Sec. 3863.301. MEANINGS OF WORDS AND PHRASES. Words and
phrases used in this subchapter that are defined by Chapters 151 and
321, Tax Code, have the meanings assigned by Chapters 151 and 321,
Tax Code.
Sec. 3863.302. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) Except as otherwise provided by this subchapter,
Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
apply to taxes imposed under this subchapter and to the
administration and enforcement of those taxes in the same manner
that those laws apply to state taxes.
(b) Chapter 321, Tax Code, relating to municipal sales and
use taxes, applies to the application, collection, change, and
administration of a sales and use tax imposed under this subchapter
to the extent consistent with this chapter, as if references in
Chapter 321, Tax Code, to a municipality referred to the district
and references to a governing body referred to the board.
(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404,
321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
apply to a tax imposed under this subchapter.
Sec. 3863.303. AUTHORIZATION; ELECTION. (a) The district
may adopt a sales and use tax to serve the purposes of the district
after an election in which a majority of the voters of the district
voting in the election authorize the adoption of the tax.
(b) The board by order may call an election to authorize a
sales and use tax. The election may be held with any other district
election.
(c) The district shall provide notice of the election and
shall hold the election in the manner prescribed by Section
3863.212.
(d) The ballots shall be printed to provide for voting for
or against the proposition: "Authorization of a sales and use tax
in the Travis County Improvement District No. 1 at a rate not to
exceed _____ percent."
Sec. 3863.304. ABOLISHING SALES AND USE TAX. (a) Except
as provided by Subsection (b), the board may abolish the sales and
use tax without an election.
(b) The board may not abolish the sales and use tax if the
district has outstanding debt secured by the tax.
Sec. 3863.305. SALES AND USE TAX RATE. (a) On adoption of
the tax authorized by this subchapter, there is imposed a tax on the
receipts from the sale at retail of taxable items in the district,
and an excise tax on the use, storage, or other consumption within
the district of taxable items purchased, leased, or rented from a
retailer in the district during the period that the tax is in
effect.
(b) The board shall determine the rate of the tax, which may
be in one-eighth of one percent increments not to exceed the maximum
rate authorized by the district voters at the election. The board
may decrease the tax rate to the extent it does not impair any
outstanding debt or obligations payable from the tax.
(c) The rate of the excise tax is the same as the rate of the
sales tax portion of the tax and is applied to the sales price of the
taxable item.
[Sections 3863.306-3863.350 reserved for expansion]
SUBCHAPTER H. HOTEL OCCUPANCY TAXES
Sec. 3863.351. HOTEL OCCUPANCY TAX. (a) In this section,
"hotel" has the meaning assigned by Section 156.001, Tax Code.
(b) For purposes of this section, a reference in Chapter
351, Tax Code, to a municipality is a reference to the district and
a reference in Chapter 351, Tax Code, to the municipality's
officers or governing body is a reference to the board.
(c) Except as otherwise provided by this section,
Subchapter A, Chapter 351, Tax Code, governs a hotel occupancy tax
authorized by this section, including the collection of the tax.
(d) The district may impose a hotel occupancy tax and may
use revenue from the tax for any district purpose that is also an
authorized use of a municipality's hotel occupancy tax revenue
under Chapter 351, Tax Code.
(e) The board by order may impose, repeal, increase, or
decrease the rate of a tax on a person who, under a lease,
concession, permit, right of access, license, contract, or
agreement, pays for the use or possession or for the right to the
use or possession of a room that:
(1) is in a hotel located in the district's boundaries;
(2) costs $2 or more each day; and
(3) is ordinarily used for sleeping.
(f) The amount of the tax may not exceed seven percent of the
price paid for a room in a hotel.
(g) The district may examine and receive information
related to the imposition of hotel occupancy taxes to the same
extent as if the district were a municipality.
SECTION 2. The Travis County Improvement District No. 1
initially includes all territory contained in the following area:
TRACT I - 767.09 ACRES
Being a 767.08 acre tract of land out of and a portion of the
Maria C. Salinas Survey No. 17, Abstract No. 776, the Grigsby Survey
No. 530, Abstract 331, the J. F. Cole Survey no. 303, Abstract 185,
the A. M. Maxey Survey No. 344, Abstract No. 2755, and the W. W.
Burton Survey No. 15 in Travis and Burnett Counties, Texas; said
735.85 acre tract also being out of and a portion of a called 334.08
acre tract of land as conveyed to Ralph B. Thomas, and Bette P.
Thomas as recorded in Warranty Deed Number 0701526 of the Deed
Records of Burnet County, Texas, a called 44.998 acre tract of land
as conveyed to Ralph Bowman Thomas, as recorded in Volume 592, Page
107 of the Real Property Records of Travis County, Texas, a called
9.801 acre tract of land as conveyed to Ralph Bowman Thomas, as
recorded in Volume 592, Page 110 of the Real Property Records of
Travis County, Texas, a 210.197 acre tract of land as conveyed to
Ralph Bowman Thomas, as recorded in Volume 592, Page 105 of the Real
Property Records of Travis County, Texas, a called 36.724 acre
tract of land as conveyed to Ralph Bowman Thomas, as recorded in
Volume 592, Page 109 of the Real Property Records of Travis County,
Texas, a called 69.996 acre tract of land as conveyed to Ralph
Bowman Thomas as recorded in Volume 12210, page 1756 of the Real
Property Records of Travis County, Texas, a called 31.226 acre
tract of land as conveyed to Ralph Bowman Thomas as recorded in
Clerk's File Number 2008158858 of the Official Public Records of
Travis County, Texas, and a called 10.00 acre tract of land as
conveyed to Ralph Bowman Thomas; said 767.08 acre tract of land is
more particularly described by metes and bounds as follows with all
bearings being referenced to the West line of said 334.08 acre tract
of land;
BEGINNING at a point for the Northwest corner of said 334.08
acre tract, also being in the South right-of-way line of Haynie Flat
Road, said point also being the Northeast corner of a tract of land
conveyed to Jayco Holding LTD. as recorded in Volume 1377, Page 647
of the Deed Records of Burnet County, Texas;
THENCE with the South right-of-way line of said Haynie Flat
Road as follows:
- South 66 18' 10" East, 816.87 feet to a point for corner;
- South 83 32' 58" East, 527.85 feet to a point for corner;
- North 80 08' 19" East, 755.01 feet to a point for corner;
- South 73 26' 33" East, 67.66 feet to a point for corner;
- South 50 03' 15" East, 750.74 feet to a point for corner;
THENCE South 00 33' 53" East with the East line of said 334.08
acre tract of land, 950.65 feet to a point for corner;
THENCE South 83 28' 13" East with the North line of said 9.801
acre tract of land, and the South right-of-way line of said Haynie
Flat Road, 1,163.56 feet to a point for corner in the West line of
said 44.998 acre tract;
THENCE North 01 22' 41" West, 225.12 feet to a point for
corner in the South line of Haynie Flat Road (recording unknown);
THENCE with said Haynie Flat Road as follows:
- South 83 43' 22" East, 185.35 feet to a point for corner;
- South 69 05' 13" East, 75.76 feet to a point for corner;
- South 62 09' 25" East, 141.91 feet to a point for corner;
- South 60 23' 08" East, 65.71 feet to a point for corner;
- South 52 23' 59" East, 26.39 feet to a point for corner;
- South 44 25' 03" East, 128.13 feet to a point for corner;
- South 27 24' 37" East, 104.89 feet to a point for corner;
- South 16 42' 01" East, 157.00 feet to a point for corner;
- South 03 42' 56" East, 10.82 feet to a point for the most
Northerly corner of said 69.996 acre tract of land;
- South 35 04' 47" East, 565.65 feet to a point for corner;
- South 32 49' 44" East, 262.35 feet to a point for corner;
- South 49 25' 20" East, 314.18 feet to a point for corner;
- South 53 20' 30" East, 217.14 feet to a point for corner in
the South right-of-way line of Paleface Ranch Road (recording
unknown);
THENCE with the South right-of-way line of said Paleface
Ranch Road as follows:
- South 63 04' 11" East, 257.13 feet to a point for corner;
- South 50 33' 39" East, 139.55 feet to a point for corner;
- South 49 24' 14" East, 92.98 feet to a point for corner;
- South 47 28' 19" East, 154.38 feet to a point for corner;
- South 46 43' 16" East, 256.53 feet to a point for corner;
- South 37 00' 56" East, 204.96 feet to a point for corner;
- South 37 37' 10" East, 543.03 feet to a point for the
Northeast corner of said 210.197 acre tract of land;
- South 36 27' 00" East, 699.03 feet to a point for corner;
- South 15 05' 09" East, 112.12 feet to a point for corner;
- South 04 45' 26" West, 230.64 feet to a point for corner;
- South 07 43' 23" West, 840.65 feet to a point for corner;
- South 05 27' 39" West, 779.99 feet to a point for the
Northeast corner of said 10.00 acre tract of land;
THENCE South 05 17' 38" West, 270.88 feet to a point for
corner;
THENCE South 04 43' 42" West, 34.85 feet to a point for the
most Northerly Southeast corner of said 10.00 acre tract and being a
Northeast corner of that certain called 1.0 acre tract of land as
conveyed to Geneva Hill, et al, in Volume 10450, Page 389 of the
Real Property Records of Travis County, Texas;
THENCE with the Northerly South line of said 10.00 acre tract
as follows:
- North 71 03' 46" West, 207.20 feet to a point for corner;
- North 18 54' 09" East, 182.74 feet to a point for corner;
- North 71 03' 59" West, 175.03 feet to a point for corner;
- South 18 53' 12" West, 212.86 feet to a point for the
Southwest corner of said 1.00 acre tract, and in the Northerly line
of said called 31.226 acre tract of land;
THENCE South 71 05' 27" East with the Northerly line of said
31.226 acre tract, 389.79 feet to a point for corner in the west
right-of-way line of said Paleface Ranch Road;
THENCE with the West right-of-way line of said Paleface Ranch
Road as follows:
- South 16 14' 51" West, 100.14 feet to a point for corner;
- South 35 57' 30" West, 106.89 feet to a point for corner;
- South 45 35' 30" West, 359.24 feet to a point for corner;
- South 51 45' 21" West, 286.13 feet to a point for corner;
- South 62 05' 35" West, 697.66 feet to a point for corner;
- South 43 36' 15" West, 131.60 feet to a point for corner;
- South 29 22' 21" West, 133.33 feet to a point for the
Southeasterly corner of said 31.226 acre tract and the most
Southerly Southeast corner of that certain called 26.627 acre tract
of land as conveyed to Michael L. Bay-Borelli, and Debra E.
Bay-Borelli by Deed recorded in Document Number 2002208295 of the
Official Public Records of Travis County, Texas;
THENCE with the Southwesterly line of said 31.226 acre tract
as follows:
- North 52 41' 24" West, 641.65 feet to a point for corner;
- North 34 11' 39" East, 128.26 feet to a point for corner;
- North 25 32' 57" West, 610.09 feet to a point for corner;
- North 14 28' 58" East, 114.85 feet to a point for the most
North Westerly corner of said 31.226 acre tract, and in the South
line of said 210.197 acre tract;
THENCE North 75 29' 01" West, 727.40 feet to a point for
corner;
THENCE North 49 35' 26" West, 283.72 feet to a point for
corner;
THENCE North 50 03' 08" West, 523.15 feet to a point for the
Southwest corner of said 210.197 acre tract, and the Southeast
corner of said 36.724 acre tract of land corner, also being the
Southwesterly corner of that certain called tract of land conveyed
to State of Texas for Permanent School Funds in Volume 1397, Page
990 of the Deed Records of Burnet County, Texas;
THENCE North 70 34' 29" West, 743.11 feet to a point for
corner in the West line of said State of Texas tract of land;
THENCE North 00 05' 34" West, 980.07 feet to a point for the
Southeast corner of said 334.08 acre tract;
THENCE West, 2,310.76 feet to a point for the Northwest
corner of said State of Texas tract, and the Northeast corner of a
tract of land as conveyed to Betty Ann Hollingsworth Herbert in
Volume 11690, Page 447 of the Deed Records of Travis County, Texas;
THENCE North 89 47' 18" West with the North line of said
Hebert tract, 976.81 feet to a point for the Southeast corner of
said Jayco Holding LTD tract, and the Southeast corner of said
334.08 tract;
THENCE North 06 48' 08" East with the West line of said 334.08
acre tract, 5,223.87 feet to the POINT OF BEGINNING; containing
767.08 acres of land, more or less; SAVE AND EXCEPT, and excluding,
any portion of this tract lying within the limits of Burnet County,
Texas; with the intent being that this tract lies wholly within the
limits of Travis County, Texas.
TRACT II - 482.50 ACRES
Being a 482.50 acre tract of land out of and a portion of the
J. F. Cole Survey No. 303, Abstract 185, the V. L. Labenski Survey
No. 301, the John Moat Survey No. 412, the R. R. Germany Survey No.
304, the John Ewers Survey No. 410, and the John Ewers Survey No.
308 in Travis County, Texas; said 482.50 acre tract also being out
of and a portion of a called 15.241 acre tract of land as conveyed to
Ralph Bowman Thomas as recorded in Volume 12210, page 1756 of the
Real Property Records of Travis County, Texas, a called 287.84 acre
tract of land as conveyed to Ralph Bowman Thomas in Volume 12029,
Page 0628 of the Real Property Records of Travis County, Texas, a
called 7.01 acre tract of land as conveyed to Ralph Bowman Thomas as
recorded in Volume 12142, Page 3244 of the Real Property Records of
Travis County, Texas, a 170.94 acre tract of land as conveyed to
Ralph Bowman Thomas as recorded in Volume 12122, Page 2518 of the
Real Property Records of Travis County, Texas, and a called 1.781
acre tract of land as conveyed to Ralph Bowman Thomas as recorded in
Volume 12341, Page 0433 of the Real Property Records of Travis
County, Texas; said 482.50 acre tract of land is more particularly
described by metes and bounds as follows with all bearings being
referenced to the West line of said 287.84 acre tract of land;
BEGINNING at a point for the Southwest corner of said 15.241
acre tract, also being in the South right-of-way line of Haynie Flat
Road (recording unknown), and the North right-of-way line of
Paleface Ranch Road (recording unknown);
THENCE with said Haynie Flat Road as follows:
- North 30 23' 08" East, 347.80 feet to a point for corner;
- North 31 39' 24" East, 108.86 feet to a point for corner;
- North 40 00' 00" East, 3,271.92 feet to a point for corner;
- South 49 40' 37" East, 3,050.44 feet to a point for corner
at the beginning of a curve to the left;
- along the arc of said curve to the left, having a chord of
South 74 06' 43" East, 219.54 feet, a radius of 517.92 feet, a
central angle of 24 28' 21", a distance of 221.22 feet to a point
for corner;
- continuing along the arc of said curve to the left, having a
chord of North 80 57' 51" East, 270.58 feet, a radius of 597.67
feet, a central angle of 26 09' 59", a distance of 272.95 feet to a
point for corner;
- North 67 47' 51" East, 294.01 feet to a point for corner;
- North 64 20' 52" East, 474.60 feet to a point for corner at
the beginning of a curve to the left;
- along the arc of said curve to the left, having a chord of
North 51 32' 52" East, 259.41 feet, a radius of 585.45 feet, a
central angle of 25 35' 59", a distance of 261.58 feet to a point
for corner;
- North 31 20' 51" East, 5.66 feet to a point for corner;
- North 45 18' 55" East, 147.73 feet to a point for corner at
the beginning of a curve to the right;
- along the arc of said curve to the right, having a chord of
North 75 39' 23" East, 483.14 feet, a radius of 490.87 feet, a
central angle of 58 57' 41", a distance of 505.14 feet to a point
for corner;
- South 74 41' 05" East, 73.93 feet to a point for corner;
- South 65 02' 26" East, 242.87 feet to a point for corner;
- South 67 46' 10" East, 632.84 feet to a point for corner;
- South 68 58' 09" East, 586.34 feet to a point for corner;
- South 63 23' 07" East, 234.88 feet to a point for corner at
the beginning of a curve to the right;
- along the arc of said curve to the right, having a chord of
South 54 05' 07" East, 196.29 feet, a radius of 607.30 feet, a
central angle of 18 36' 00", a distance of 197.15 feet to a point
for corner;
- continuing along the arc of said curve to the right, having
a chord of South 32 47' 07" East, 384.80 feet, a radius of 925.40
feet, a central angle of 24 00' 00", a distance of 387.63 feet to a
point for corner;
- South 20 47' 07" East, 321.96 feet to a point for corner at
the beginning of a curve to the left;
- along the arc of said curve to the left, having a chord of
South 35 49' 07" East, 313.18 feet, a radius of 603.70 feet, a
central angle of 30 04' 00", a distance of 316.80 feet to a point
for corner;
- South 50 51' 07" East, 1,129.28 feet to a point for corner
at the beginning of a curve to the right;
- along the arc of said curve to the right, having a chord of
South 37 25' 07" East, 429.97 feet, a radius of 925.40 feet, a
central angle of 26 52' 00", a distance of 433.93 feet to a point
for corner;
- South 23 59' 07" East, 53.87 feet to a point for the
Northeast corner of said 170.94 acre tract;
THENCE South 38 52' 11" West with the East line of said 170.94
acre tract, 1,446.00 feet to a point for the Southeast corner of
said 170.94 acre tract;
THENCE with the Southerly line of said 170.94 acre tract as
follows:
- North 44 06' 59" West, 301.32 feet to a point for corner;
- North 32 57' 59" West, 261.60 feet to a point for corner;
- North 27 31' 59" West, 58.00 feet to a point for corner;
- North 60 07' 59" West, 144.10 feet to a point for corner;
- North 47 10' 59" West, 343.10 feet to a point for corner;
- North 42 40' 59" West, 113.70 feet to a point for corner;
- North 38 08' 59" West, 191.80 feet to a point for corner;
- North 58 03' 59" West, 170.20 feet to a point for corner;
- North 47 44' 59" West, 153.30 feet to a point for corner;
- North 36 27' 59" West, 111.00 feet to a point for corner;
- North 26 08' 59" West, 65.60 feet to a point for corner;
- North 42 37' 59" West, 153.30 feet to a point for corner;
- North 60 44' 59" West, 103.40 feet to a point for corner;
- North 49 33' 59" West, 126.50 feet to a point for corner;
- North 35 31' 59" West, 103.20 feet to a point for corner;
- North 08 01' 59" West, 33.20 feet to a point for corner;
- North 00 54' 01" East, 65.60 feet to a point for corner;
- North 32 16' 01" East, 177.40 feet to a point for corner;
- North 43 23' 01" East, 182.90 feet to a point for corner;
- North 82 08' 59" West, 90.50 feet to a point for corner;
- North 49 46' 59" West, 75.30 feet to a point for corner;
- North 34 37' 59" West, 144.50 feet to a point for corner;
- South 23 17' 01" West, 88.20 feet to a point for corner;
- South 08 53' 01" West, 133.80 feet to a point for corner;
- South 31 03' 01" West, 65.90 feet to a point for corner;
- South 32 52' 01" West, 183.90 feet to a point for corner;
- South 53 24' 01" West, 24.80 feet to a point for corner;
- South 82 27' 01" West, 44.60 feet to a point for corner;
- North 73 14' 59" West, 185.70 feet to a point for corner;
- North 66 44' 59" West, 468.00 feet to a point for corner;
- North 47 24' 59" West, 277.70 feet to a point for corner;
- North 73 00' 59" West, 462.10 feet to a point for corner;
- North 79 19' 59" West, 350.00 feet to a point for corner;
- North 54 05' 59" West, 40.00 feet to a point for corner;
- North 09 16' 59" West, 54.10 feet to a point for corner;
- North 08 39' 01" East, 168.60 feet to a point for corner;
- North 11 19' 59" West, 152.30 feet to a point for corner;
- South 21 13' 01" West, 134.40 feet to a point for corner;
- South 28 29' 01" West, 95.80 feet to a point for corner;
- South 23 49' 41" West, 99.63 feet to a point for the
Southwesterly corner of said 170.94 acre tract, said point also
being in the North line of said 287.84 acre tract;
THENCE South 48 56' 38" East with the North line of said
287.84 acre tract, 327.54 feet to a point on the North bank of the
Pedernales River, now inundated by the waters of Lake Travis;
THENCE with the North and West bank of said Pedernales River
as follows:
- South 64 00' 00" West, 232.43 feet to a point for corner;
- South 32 00' 00" West, 202.00 feet to a point for corner;
- South 08 00' 00" West, 455.00 feet to a point for corner;
- South 10 00' 00" East, 400.00 feet to a point for corner;
- South 19 00' 00" East, 408.00 feet to a point for corner;
- South 36 11' 04" East, 509.92 feet to a point for corner;
- South 22 08' 43" East, 461.36 feet to a point for corner in
the centerline of a ravine now inundated by the waters of Lake
Travis;
THENCE with the centerline of said ravine as follows:
- South 69 39' 01" West, 625.00 feet to a point for corner;
- North 75 35' 59" West, 440.00 feet to a point for corner;
- North 65 50' 59" West, 620.00 feet to a point for corner;
- North 14 35' 59" West, 440.00 feet to a point for corner;
- North 16 17' 01" East, 501.00 feet to a point for corner;
- North 53 21' 31" West, 176.92 feet to a point for corner;
- North 44 08' 58" West, 240.27 feet to a point for corner;
- North 57 26' 22" West, 119.19 feet to a point for corner;
- North 51 05' 53" West, 206.28 feet to a point for corner;
- North 75 14' 25" West, 112.08 feet to a point for corner;
- North 13 16' 01" East, 25.00 feet to a point for corner in
the South line of said 287.84 acre tract;
THENCE with the South line of said 287.84 acre tract as
follows:
- North 76 43' 59" West, 10.45 feet to a point for corner;
- North 68 03' 09" West, 164.71 feet to a point for corner;
- North 65 55' 57" West, 480.75 feet to a point for corner;
- North 66 01' 19" West, 1,163.01 feet to a point for corner;
- South 82 57' 07" West, 16.87 feet to a point for corner;
- North 31 52' 00" West, 15.44 feet to a point for corner;
- South 71 50' 15" West, 1,009.06 feet to a point for the
Southwesterly corner of said 287.84 acre tract, and the Northeast
corner of said 15.241 acre tract;
THENCE South 00 16' 35" East, 260.71 feet to a point for
corner;
THENCE South 65 57' 27" East, 110.68 feet to a point for
corner;
THENCE South 67 01' 21" East, 32.47 feet to a point for
corner;
THENCE South 29 11' 37" West, 55.50 feet to a point for
corner;
THENCE South 39 16' 53" West, 11.52 feet to a point for corner
for a Northeasterly corner of said 1.781 acre tract;
THENCE with the East line of said 1.781 acre tract as follows:
- South 30 02' 03" East, 30.83 feet to a point for corner;
- South 06 24' 39" East, 80.85 feet to a point for corner;
- South 20 44' 41" West, 57.13 feet to a point for corner;
- South 38 38' 12" West, 58.24 feet to a point for corner;
- South 52 29' 45" West, 108.56 feet to a point for corner;
- South 55 46' 45" West, 181.13 feet to a point for corner in
the North line of said Paleface Ranch Road;
THENCE with the North line of said Paleface Ranch Road as
follows:
- North 37 34' 31" West, 128.95 feet to a point for corner;
- North 37 26' 17" West, 62.78 feet to a point for the
Southwest corner of said 1.781 acre tract, and the Southeast corner
of said 15.241 acre tract;
- North 37 26' 17" West, 369.15 feet to a point for corner;
- North 40 03' 08" West, 63.66 feet to a point for corner;
- North 18 09' 23" West, 14.01 feet to a point for corner;
- North 43 54' 03" West, 15.90 feet to a point for corner;
- North 68 55' 02" West, 8.93 feet to a point for corner;
- North 40 57' 50" West, 130.58 feet to a point for corner;
- North 45 28' 49" West, 410.55 feet to a point for corner;
- North 52 38' 51" West, 242.60 feet to the POINT OF
BEGINNING; containing 482.50 acres of land, more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) 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 have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2526 passed the Senate on
May 12, 2009, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 29, 2009, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2526 passed the House, with
amendment, on May 26, 2009, by the following vote: Yeas 142,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor