82R4970 NAJ-F
By: Dukes H.B. No. 1710
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Rio de Vida Planning and Improvement
District No. 1; providing authority to levy 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 3867 to read as follows:
CHAPTER 3867. RIO DE VIDA PLANNING AND IMPROVEMENT
DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3867.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Austin, Texas.
(3) "County" means Travis County.
(4) "Director" means a board member.
(5) "District" means the Rio de Vida Planning and
Improvement District No. 1.
(6) "Improvement project" means a project authorized
by Section 3867.102 or Subchapter C-1.
Sec. 3867.002. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Section 59, Article
XVI, Texas Constitution.
Sec. 3867.003. 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 the city, the
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 the city or the 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 city and county services
provided in the district.
Sec. 3867.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding 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; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and public gardens and by
landscaping and developing certain areas in the district, which are
necessary for the restoration, preservation, and enhancement of
scenic beauty.
(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. 3867.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act enacting
this chapter, as that territory may have been modified under
Section 3867.110 or other law.
(b) The boundaries and field notes of the district contained
in Section 2 of the Act enacting this chapter form a closure. A
mistake in the field notes of the district contained in Section 2 of
the Act enacting this chapter 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 or other obligation
for a purpose 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. 3867.006. 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 abatement reinvestment zone created under
Chapter 312, Tax Code;
(2) an enterprise zone created under Chapter 2303,
Government Code; or
(3) an industrial district created under Chapter 42,
Local Government Code.
Sec. 3867.007. MUNICIPAL CONSENT REQUIRED. (a) The
district may not hold an election under Subchapter E until each
municipality in whose corporate limits or extraterritorial
jurisdiction the district is located consents by ordinance or
resolution to:
(1) the district's creation; and
(2) the inclusion of the municipality's land in the
district.
(b) Consent issued by the city under Subsection (a) may
include terms relating to:
(1) annexation by the city under Subchapter J; and
(2) the continuation of all or a portion of the
district's operations after annexation by the city under Subchapter
J.
Sec. 3867.008. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3867.009. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3867.010-3867.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3867.051. 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. 3867.052. APPOINTMENT OF DIRECTORS. (a) Except as
provided by Subsection (c), the members of the governing body of the
city shall appoint four directors from persons recommended by the
board and one director who has at least 15 years of experience in
the commercial real estate industry.
(b) A person is appointed if a majority of the members of the
governing body vote to appoint the person.
(c) Beginning on January 1, 2041, the members of the
governing body of the city may appoint directors without the
recommendation of the board. This subsection applies only to a
director whose term expires on or after January 1, 2041.
Sec. 3867.053. QUALIFICATIONS. To be qualified to serve as
a director, a person must:
(1) reside in the district; or
(2) own real property in the district.
Sec. 3867.054. 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; or
(2) a director who is abstaining from participation in
a vote because of a conflict of interest.
Sec. 3867.055. 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.
Sec. 3867.056. INITIAL DIRECTORS. (a) The initial board
consists of:
Pos. No. Name of Director
1 ________________
2 ________________
3 ________________
4 ________________
5 ________________
(b) Of the initial directors, the terms of directors serving
in positions 1, 2, and 3 expire June 1, 2013, and the terms of
directors serving in positions 4 and 5 expire June 1, 2015.
(c) Section 3867.052 does not apply to the initial
directors.
(d) This section expires September 1, 2015.
[Sections 3867.057-3867.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3867.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3867.102. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using money available to the district, or contract with a
governmental or private entity to provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project or service authorized under this chapter,
including a project or service described by Subchapter C-1, or
under Chapter 375, Local Government Code.
Sec. 3867.103. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3867.104. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, 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. 3867.105. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county or the city, to provide law enforcement
services in the district for a fee.
Sec. 3867.106. 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. 3867.107. ECONOMIC DEVELOPMENT. (a) The district may
engage in activities that accomplish the economic development
purposes of the district.
(b) 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.
(c) The district may create economic development programs
and exercise the economic development powers that:
(1) Chapter 380, Local Government Code, provides to a
municipality; and
(2) Subchapter A, Chapter 1509, Government Code,
provides to a municipality.
Sec. 3867.108. PARKING FACILITIES. (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 lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) 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.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3867.109. STRATEGIC PARTNERSHIP AGREEMENT. The
district may negotiate and enter into a written strategic
partnership agreement with a municipality under Section 43.0751,
Local Government Code.
Sec. 3867.110. 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.
Sec. 3867.111. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
[Sections 3867.112-3867.150 reserved for expansion]
SUBCHAPTER C-1. IMPROVEMENT PROJECTS
Sec. 3867.151. IMPROVEMENT PROJECTS. In addition to the
general authority provided by Section 3867.102, the district may
provide, or it may contract with a governmental or private entity to
provide, an improvement project described by this subchapter or
activities in support of or incidental to those projects.
Sec. 3867.152. WATER OR SEWER FACILITY. An improvement
project may include the planning, design, construction,
improvement, maintenance, and operation of a water or sewer
facility.
Sec. 3867.153. POTABLE WATER. An improvement project may
include a supply and distribution facility or system to provide
potable water to district residents and businesses.
Sec. 3867.154. NONPOTABLE WATER. An improvement project
may include a facility or system designed to enable approved use of
nonpotable water, including wastewater supply, collection,
treatment, transmission, and distribution to district residents
and businesses.
Sec. 3867.155. WASTEWATER. An improvement project may
include a facility or system to provide wastewater collection,
treatment, and disposal to serve district residents and businesses.
Sec. 3867.156. DRAINAGE. An improvement project may
include the planning, design, construction, improvement, and
maintenance of a drainage facility for the district.
Sec. 3867.157. STORM WATER. An improvement project may
include protection and improvement of the quality of storm water
that flows through the district and may include the planning,
design, construction, improvement, and maintenance of a storm water
detention improvement.
Sec. 3867.158. WETLANDS. An improvement project may
include the planning, design, construction, improvement,
maintenance, and operation of a facility for wetlands enhancement.
Sec. 3867.159. RECREATION. An improvement project may
include a recreational facility, including public boat ramps and
docks on the district's Colorado River frontage.
Sec. 3867.160. POWER GENERATION. An improvement project
may include the planning, design, construction, improvement,
maintenance, and operation of an alternative power generation
facility located in or outside of the district, including:
(1) a facility for solar, geothermal, or wind power;
and
(2) appurtenant transmission facilities.
Sec. 3867.161. ROADS. An improvement project may include a
paved road or street inside and outside the district, to the extent
authorized by Section 52, Article III, Texas Constitution.
Sec. 3867.162. PARKING OR HELIPORT. An improvement project
may include the planning, design, construction, improvement,
maintenance, and operation of an off-street parking facility or
heliport.
Sec. 3867.163. EDUCATION AND CULTURE. An improvement
project may include the planning and acquisition of:
(1) public art and sculpture and related exhibits and
facilities; or
(2) an educational facility and a cultural exhibit or
facility.
Sec. 3867.164. CONVENTION CENTER. An improvement project
may include the planning, design, construction, acquisition,
lease, rental, improvement, maintenance, installation, and
management of and provision of furnishings for a facility for:
(1) a conference, convention, or exhibition;
(2) a manufacturer, consumer, or trade show;
(3) a civic, community, or institutional event; or
(4) an exhibit, display, attraction, special event, or
seasonal or cultural celebration or holiday.
Sec. 3867.165. DEMOLITION. An improvement project may
include the removal, razing, demolition, or clearing of land or
improvements in connection with an improvement project, including
mass grading to reclaim a site from the site's present state.
Sec. 3867.166. MITIGATION OF ENVIRONMENTAL EFFECTS. An
improvement project may include the acquisition and improvement of
land or other property for the mitigation of the environmental
effects of an improvement project.
Sec. 3867.167. ACQUISITION OF PROPERTY. An improvement
project may include the acquisition of property or an interest in
property in connection with an improvement project.
Sec. 3867.168. SPECIAL OR SUPPLEMENTAL SERVICES. An
improvement project may include a special or supplemental service
for the improvement and promotion of the district or an area
adjacent to the district or for the protection of public health and
safety in or adjacent to the district, including:
(1) advertising;
(2) promotion;
(3) tourism;
(4) health and sanitation;
(5) public safety;
(6) security;
(7) fire protection or emergency medical services;
(8) business recruitment;
(9) development;
(10) the elimination of traffic congestion; and
(11) recreational, educational, or cultural
improvements, enhancements, and services.
Sec. 3867.169. MISCELLANEOUS DESIGN, CONSTRUCTION, AND
MAINTENANCE. An improvement project may include the planning,
design, construction, improvement, and maintenance of:
(1) landscaping;
(2) highway right-of-way or transit corridor
beautification and improvement;
(3) lighting, banners, and signs;
(4) a street or sidewalk;
(5) a hiking and cycling path or trail;
(6) a pedestrian walkway, skywalk, crosswalk, or
tunnel;
(7) a park, lake, garden, recreational facility,
sports facility, open space, scenic area, or related exhibit or
preserve;
(8) a fountain, plaza, or pedestrian mall; or
(9) a drainage or storm water detention improvement.
Sec. 3867.170. SIMILAR IMPROVEMENT PROJECTS. An
improvement project may include a public improvement, facility, or
service similar to a project described by this subchapter.
[Sections 3867.171-3867.200 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3867.201. TAX AND ASSESSMENT ABATEMENTS. The district
may designate reinvestment zones and may grant abatements of a tax
or assessment on property in the zones.
Sec. 3867.202. 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 district money.
Sec. 3867.203. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, maintain, or
provide any improvement or service authorized under this chapter or
Chapter 375, Local Government Code, using any money available to
the district.
Sec. 3867.204. 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:
(1) 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 the county; or
(2) at least 25 persons who own real property in the
district subject to assessment, if more than 25 persons own real
property in the district subject to assessment as determined by the
most recent certified tax appraisal roll for the county.
Sec. 3867.205. 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 notice.
Sec. 3867.206. 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 are:
(1) a first and prior lien against the property
assessed;
(2) superior to any other lien or claim other than a
lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) 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. 3867.207. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to:
(1) a tax authorized or approved by district voters;
or
(2) a required payment for a service provided by the
district, including water and sewer service.
Sec. 3867.208. 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.
[Sections 3867.209-3867.250 reserved for expansion]
SUBCHAPTER E. TAXES AND BONDS
Sec. 3867.251. ELECTIONS REGARDING CERTAIN 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 3867.253.
(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 that
may be acquired by a district by the issuance of district 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. 3867.252. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held under Section 3867.251, the district may impose an
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) operate and maintain 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) The board may impose the tax authorized by this section
after full-purpose annexation by the city under Subchapter J. The
board may use the tax revenue to pay for maintaining parks, wet
ponds, and other open space amenities in the district. To the
extent of a conflict between this subsection and any other law, this
subsection controls.
Sec. 3867.253. 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. 3867.254. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
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 provided by Section 49.4645,
Water Code, does not apply to the district.
Sec. 3867.255. 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 ad valorem tax, without limit as to rate or amount, for each
year that all or part of the bonds are outstanding as required and
in the manner provided by Sections 54.601 and 54.602, Water Code.
[Sections 3867.256-3867.300 reserved for expansion]
SUBCHAPTER F. DEFINED AREAS
Sec. 3867.301. 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. 3867.302. PROCEDURE FOR ELECTION. (a) Before the
district may impose an ad valorem tax or issue bonds payable from ad
valorem taxes of the defined area or designated property, the board
shall hold an election in the defined area or in the designated
property only.
(b) The election shall be conducted as provided by Section
3867.251.
(c) The board may submit the issues to the voters on the same
ballot to be used in another election.
Sec. 3867.303. 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. 3867.304. TAXES FOR IMPROVEMENTS AND FACILITIES IN
DEFINED AREAS OR DESIGNATED PROPERTY. On voter approval and
adoption of the order described by Section 3867.303, 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. 3867.305. ISSUANCE OF BONDS FOR DEFINED AREA OR
DESIGNATED PROPERTY. After the order under Section 3867.303 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.
SUBCHAPTER G. SALES AND USE TAX
Sec. 3867.351. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
computation, administration, enforcement, and collection of the
sales and use tax authorized by this subchapter except to the extent
Chapter 321, Tax Code, is inconsistent with this chapter.
(b) A reference in Chapter 321, Tax Code, to a municipality
or the governing body of a municipality is a reference to the
district or the board, respectively.
Sec. 3867.352. ELECTION; ADOPTION OF TAX. (a) The district
may adopt a sales and use tax if authorized by a majority of the
voters of the district voting at an election held for that purpose.
(b) The board by order may call an election to authorize the
adoption of the sales and use tax. The election may be held on any
uniform election date and in conjunction 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
3867.251.
(d) The ballot shall be printed to provide for voting for or
against the proposition: "Authorization of a sales and use tax in
the Rio de Vida Planning and Improvement District No. 1 at a rate
not to exceed ____ percent" (insert rate of one or more increments
of one-eighth of one percent).
Sec. 3867.353. SALES AND USE TAX RATE. (a) Not later than
the 10th day after the date the results are declared of an election
held under Section 3867.352, at which the voters approved
imposition of the tax authorized by this subchapter, the board
shall determine the initial rate of the tax, which must be in one or
more increments of one-eighth of one percent.
(b) After the election held under Section 3867.352, the
board may decrease the rate of the tax by one or more increments of
one-eighth of one percent. The board may not decrease the rate of
the tax if the decrease would impair the repayment of any
outstanding debt or obligation payable from the tax.
(c) The initial rate of the tax or any rate resulting from
subsequent decreases may not exceed the lesser of:
(1) the maximum rate authorized by the district voters
at the election held under Section 3867.352; or
(2) a rate that, when added to the rates of all sales
and use taxes imposed by other political subdivisions with
territory in the district, would result in the maximum combined
rate prescribed by Section 321.101(f), Tax Code, at any location in
the district.
(d) In determining whether the combined sales and use tax
rate under Subsection (c)(2) would exceed the maximum combined rate
prescribed by Section 321.101(f), Tax Code, at any location in the
district, the board shall include:
(1) any sales and use tax imposed by a political
subdivision whose territory overlaps all or part of the district;
(2) any sales and use tax to be imposed by a
municipality or county as a result of an election held on the same
date as the election held under Section 3867.352; and
(3) any increase to an existing sales and use tax
imposed by a municipality or county as a result of an election held
on the same date as the election held under Section 3867.352.
(e) This subsection applies only to a political subdivision
that is not a municipality or county. If the voters of a political
subdivision approve the adoption or increase of a sales and use tax
at an election held on the same date as an election under Section
3867.352, and after the board sets the district's initial tax rate
under Subsection (a), the combined rate of all sales and use taxes
imposed by the district and by other political subdivisions having
territory in the district exceed the combined maximum rate
prescribed by Section 321.101(f), Tax Code, the election held by
the political subdivision on that date has no effect.
(f) The board shall notify the comptroller of any changes
made to the tax rate in the same manner the municipal secretary
provides notice to the comptroller under Section 321.405(b), Tax
Code.
Sec. 3867.354. USE OF REVENUE. Revenue from the sales and
use tax imposed under this subchapter is for the use and benefit of
the district and may be used for any district purpose. The district
may pledge all or part of the revenue to the payment of bonds,
notes, or other obligations, and that pledge of revenue may be in
combination with other revenue, including tax revenue, available to
the district.
Sec. 3867.355. ABOLITION OF TAX. (a) Except as provided by
Subsection (b), the board may abolish the tax imposed under this
subchapter without an election.
(b) The board may not abolish the tax imposed under this
subchapter if the district has outstanding debt secured by the tax
and repayment of the debt would be impaired by the abolition of the
tax.
(c) If the board abolishes the tax, the board shall notify
the comptroller of that action in the same manner the municipal
secretary provides notice to the comptroller under Section
321.405(b), Tax Code.
(d) If the board abolishes the tax or decreases the tax rate
to zero, a new election to authorize a sales and use tax must be held
under Section 3867.352 before the district may subsequently impose
the tax.
[Sections 3867.356-3867.400 reserved for expansion]
SUBCHAPTER H. HOTEL OCCUPANCY TAX
Sec. 3867.401. DEFINITION. In this subchapter, "hotel" has
the meaning assigned by Section 156.001, Tax Code.
Sec. 3867.402. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) In this subchapter:
(1) a reference in Subchapter A, Chapter 352, Tax
Code, to a county is a reference to the district; and
(2) a reference in Subchapter A, Chapter 352, Tax
Code, to the commissioners court is a reference to the board.
(b) Except as inconsistent with this subchapter, Subchapter
A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized
by this subchapter, including the collection of the tax, subject to
the limitations prescribed by Sections 352.002(b) and (c), Tax
Code.
Sec. 3867.403. TAX AUTHORIZED; USE OF REVENUE. The
district may impose a hotel occupancy tax for any district purpose,
including to:
(1) operate and maintain the district;
(2) construct or acquire improvements; and
(3) provide a service.
Sec. 3867.404. TAX RATE. (a) The amount of the hotel
occupancy tax may not exceed seven percent of the price paid for a
room in a hotel.
Sec. 3867.405. INFORMATION. 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 county.
[Sections 3867.406-3867.450 reserved for expansion]
SUBCHAPTER I. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 3867.451. DIVISION OF DISTRICT; PREREQUISITES. (a)
The district may be divided into two or more new districts only if
the district:
(1) has no outstanding bonded debt;
(2) is not imposing ad valorem taxes; and
(3) complies with Subsection (b), if applicable.
(b) This subsection applies only to a district located
wholly or partly in the corporate limits or the extraterritorial
jurisdiction of a municipality. Before the district may divide
under this subchapter, the district must provide each municipality
and each county in which the district is wholly or partly located a
copy of the order under Section 3867.454.
Sec. 3867.452. LAW APPLICABLE TO NEW DISTRICT. This
chapter applies to any new district created by division of the
district, and a new district has all the powers and duties of the
district.
Sec. 3867.453. LIMITATION ON AREA OF NEW DISTRICT. A new
district created by the division of the district may not, at the
time the new district is created, contain any land outside the area
described by Section 2 of the Act enacting this chapter.
Sec. 3867.454. DIVISION PROCEDURES. (a) The board, on its
own motion or on receipt of a petition signed by the owner or owners
of a majority of the assessed value of the real property in the
district, may adopt an order dividing the district.
(b) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
3867.251(b) to authorize the issuance of bonds payable from ad
valorem taxes.
(c) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between the new districts.
(d) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
Sec. 3867.455. TAX OR BOND ELECTION. Before a new district
created by the division of the district may impose a sales and use
tax or an operation and maintenance tax or issue bonds payable
wholly or partly from ad valorem taxes, the new district must hold
an election as required by this chapter to obtain voter approval.
[Sections 3867.456-3867.500 reserved for expansion]
SUBCHAPTER J. MUNICIPAL ANNEXATION AND DISSOLUTION
Sec. 3867.501. MUNICIPAL ANNEXATION. (a) The city may
annex the district:
(1) according to the terms specified in a consent
agreement entered into by the city and the district; and
(2) only after the district's development entity has
been reimbursed to the extent allowed under:
(A) Chapters 49 and 54, Water Code; and
(B) the rules of the Texas Commission on
Environmental Quality.
(b) Sections 43.0561 and 43.0562, Local Government Code, do
not apply to the annexation of the district.
(c) A conveyance of real property in the district must be
accompanied by a recorded notice to purchasers that describes the
city's authority to annex the district when the conditions in
Subsection (a) apply.
Sec. 3867.502. CONTINUATION OF DISTRICT AFTER ANNEXATION.
The district is not required to be dissolved if the city annexes the
district. The district and the city may enter into a development
agreement that authorizes the district to continue all or a portion
of the district's operations after the city annexes the district.
Sec. 3867.503. LIMITATION ON DISSOLUTION NOT APPLICABLE.
Section 375.264, Local Government Code, does not apply to the
dissolution of the district by a municipality.
[Sections 3867.504-3867.550 reserved for expansion]
SECTION 2. As of the effective date of this Act, the Rio de
Vida Planning and Improvement District No. 1 includes all territory
contained in the following described area:
ALL THAT CERTAIN PARCEL OR TRACT OF LAND OUT OF THE REUBEN
HORNSBY SURVEY NO. 17, JOSEPH DUTY SURVEY NO. 20 AND THE JOHN
BURLESON SURVEY NO. 33, TRAVIS COUNTY, TEXAS; BEING ALL OF THE
FOLLOWING TRACTS OF LAND AS CONVEYED TO TXI OPERATIONS, L.P. BY
DEEDS RECORDED IN THE REAL PROPERTY RECORDS OF TRAVIS COUNTY,
TEXAS: A 353.08-ACRE TRACT (TO BE KNOWN AS PARCEL 01-1) AND A
65.12-ACRE TRACT (TO BE KNOWN AS PARCEL 01-2) IN VOLUME 12448, PAGE
737 AND VOLUME 13170, PAGE 656; A 65.12-ACRE TRACT (TO BE KNOWN AS
PARCEL 01-2) IN VOLUME 13170, PAGE 656; A 102.188-ACRE TRACT
(PARCEL NO. 1) (TO BE KNOWN AS PARCEL 02-1), A 29.008-ACRE TRACT
(PARCEL NO. 2) (TO BE KNOWN AS PARCEL 02-2) AND A 10.743-ACRE TRACT
(PARCEL NO. 3) (TO BE KNOWN AS PARCEL 02-3) IN VOLUME 12593, PAGE
2001; A 22.911-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 04-1) IN
VOLUME 11985, PAGE 1238 AND VOLUME 13170, PAGE 656; A 19.253-ACRE
TRACT (PARCEL 3) (TO BE KNOWN AS PARCEL 05-1), A 4.591-ACRE TRACT
(PARCEL 1) (TO BE KNOWN AS PARCEL 06-1) AND A 16.931-ACRE TRACT
(PARCEL 2) (TO BE KNOWN AS PARCEL 06-2) IN VOLUME 13304, PAGE 3306;
A 52.487-ACRE TRACT (TO BE KNOWN AS PARCEL 08-1) IN VOLUME 13088,
PAGE 429; A PORTION OF A 6.605-ACRE TRACT (TRACT 1) (TO BE KNOWN AS
PARCEL 08-2) AND A 5.411-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL
12-1) IN VOLUME 13088, PAGE 421; A 51.32-ACRE TRACT (TO BE KNOWN AS
PARCEL 10-1) IN VOLUME 12703, PAGE 411 AND VOLUME 13170, PAGE 656; A
6.262-ACRE TRACT (TO BE KNOWN AS PARCEL 11-1) IN VOLUME 12835, PAGE
1489; A 22.967-ACRE TRACT (TO BE KNOWN AS PARCEL 13-1) IN VOLUME
9872, PAGE 77 AND VOLUME 13170, PAGE 656; A 14.272-ACRE TRACT (TRACT
8) (TO BE KNOWN AS PARCEL 14-1), A 21.100-ACRE TRACT (TRACT 9) (TO
BE KNOWN AS PARCEL 15-1), A 32.738-ACRE TRACT (TRACT 17) (TO BE
KNOWN AS PARCEL 17-1), A 8.051-ACRE TRACT (TRACT 12) (TO BE KNOWN AS
PARCEL 18-1), A 9.744-ACRE TRACT (TRACT 13) (TO BE KNOWN AS PARCEL
18-2), A 9.752-ACRE TRACT (TRACT 14) (TO BE KNOWN AS PARCEL 18-3), A
15.981-ACRE TRACT (TRACT 15) (TO BE KNOWN AS PARCEL 18-4), A
19.127-ACRE TRACT (TRACT 16) (TO BE KNOWN AS PARCEL 18-5), A
10.274-ACRE TRACT (TRACT 10) (TO BE KNOWN AS PARCEL 21-1), A
9.825-ACRE TRACT (TRACT 11) (TO BE KNOWN AS PARCEL 21-2), A PORTION
OF A 44.586-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 23-1), A
PORTION OF A 15.959-ACRE TRACT (TRACT 7) (TO BE KNOWN AS PARCEL
23-2), A PORTION OF A 15.946-ACRE TRACT (TRACT 6) (TO BE KNOWN AS
PARCEL 23-3) AND A PORTION OF A 14.135-ACRE TRACT (TRACT 3) (TO BE
KNOWN AS PARCEL 28-1) IN VOLUME 12326, PAGE 1154 AND VOLUME 13170,
PAGE 656; A 30.531-ACRE TRACT (TO BE KNOWN AS PARCEL 16-1) IN VOLUME
10967, PAGE 1219 AND VOLUME 13170, PAGE 656; A 30.531-ACRE TRACT (TO
BE KNOWN AS PARCEL 16-1) IN VOLUME 10967, PAGE 1219 AND VOLUME
13170, PAGE 656; A 45.874-ACRE TRACT (TO BE KNOWN AS PARCEL 19-1) IN
VOLUME 12270, PAGE 1633 AND VOLUME 13170, PAGE 656; A 13.853-ACRE
TRACT (TO BE KNOWN AS PARCEL 20-1) IN VOLUME 12326, PAGE 1149 AND
VOLUME 13170, PAGE 656; A PORTION OF A 32.403-ACRE TRACT (TRACT 4)
(TO BE KNOWN AS PARCEL 22-1) AND A PORTION OF A 50.388-ACRE TRACT
(TRACT 1) (TO BE KNOWN AS PARCEL 28-2) IN VOLUME 12326, PAGE 1109
AND VOLUME 13170, PAGE 656; AND A 83.838-ACRE TRACT (TO BE KNOWN AS
PARCEL 27-1) IN VOLUME 11955, PAGE 972 AND VOLUME 13170, PAGE 656;
AND ALSO BEING ALL OF THE FOLLOWING TRACTS OF LAND AS CONVEYED TO
TXI OPERATIONS, L.P. BY DEEDS RECORDED IN THE OFFICIAL PUBLIC
RECORDS OF TRAVIS COUNTY, TEXAS: A 49.994-ACRE TRACT (TRACT 1) (TO
BE KNOWN AS PARCEL 03-1), A PORTION OF A 85.957-ACRE TRACT (TRACT 2)
(TO BE KNOWN AS PARCEL 03-2), A PORTION OF A 41.043-ACRE TRACT
(TRACT 3) (TO BE KNOWN AS PARCEL 03-3), A 69.542-ACRE TRACT (TRACT
4) (TO BE KNOWN AS PARCEL 03-4), A 55.299-ACRE TRACT (TRACT 5) (TO
BE KNOWN AS PARCEL 03-5), A PORTION OF A 33.214-ACRE TRACT (TO BE
KNOWN AS PARCEL 03-6) AND A 39.355-ACRE TRACT (TRACT 6) (TO BE KNOWN
AS PARCEL 03-7) IN DOCUMENT NO. 1999152526; A 223.497-ACRE TRACT
(TO BE KNOWN AS PARCEL 07-1) IN DOCUMENT NO. 2005002939; A
194.824-ACRE TRACT (TRACT A) (TO BE KNOWN AS PARCEL 09-1) AND A
67.418-ACRE TRACT (TRACT B) (TO BE KNOWN AS PARCEL 09-2) IN DOCUMENT
NO. 2005007841; PORTIONS OF A 101.697-ACRE TRACT (TRACT 1) AND A
14.054-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 24-1) IN DOCUMENT
NO. 1999148757; A 39.462-ACRE TRACT (TO BE KNOWN AS PARCEL 25-1) IN
DOCUMENT NO. 2006133198; AND A 33.35-ACRE TRACT (TO BE KNOWN AS
PARCEL 26-1) IN DOCUMENT NO. 2005007845; AND BEING MORE
PARTICULARLY DESCRIBED IN FIVE (5) TRACTS BY METES AND BOUNDS AS
FOLLOWS:
TRACT 1
BEGINNING at a calculated point at the intersection of the
north bank of the Colorado River and the east right-of-way line of
State Highway No. 130, at the southwest corner of the
above-described Parcel 09-1, for the southwest corner and POINT OF
BEGINNING of the herein described tract;
THENCE, with the east right-of-way line of said State Highway
No. 130, the following seven (7) courses:
1) N08°37'24"W a distance of 537.28 feet to a calculated
angle point;
2) N01°34'38"W a distance of 3,468.10 feet to a calculated
angle point;
3) N59°15'05"E a distance of 166.15 feet to a calculated
angle point;
4) N08°13'09"E a distance of 547.29 feet to a calculated
angle point;
5) N52°30'09"W a distance of 138.99 feet to a calculated
non-tangent point of curvature of a curve to the right;
6) Along said curve to the right an arc distance of 1,274.92
feet, having a radius of 3,458.72 feet, and a chord which bears
N19°25'33"E a distance of 1,267.71 feet to a calculated point of
tangency; and
7) N29°59'08"E a distance of 421.69 feet to a calculated
point at the northwest corner of said Parcel 09-1;
THENCE, with the north line of said Parcel 09-1, the
following three (3) courses:
1) S60°37'51"E a distance of 116.20 feet to a to a calculated
point;
2) N29°22'09"E a distance of 83.70 feet to a calculated
point; and
3) S60°41'35"E a distance of 416.71 feet to a calculated
point on the west line of the above-described Parcel 01-1 at the
most northerly northeast corner of said Parcel 09-1;
THENCE, with the west line of said Parcel 01-1, the following
five (5) courses:
1) N27°20'56"E a distance of 39.85 feet to a calculated angle
point;
2) N49°43'26"E a distance of 65.85 feet to a calculated angle
point;
3) N27°21'16"E a distance of 619.40 feet to a calculated
point at an inside corner of said Parcel 01-1;
4) N62°38'24"W a distance of 5.00 feet to a calculated point
at an outside corner of said Parcel 01-1; and
5) N27°21'36"E a distance of 617.35 feet to a calculated
point on the south line of the above-described Parcel 16-1 at the
northwest corner of said Parcel 01-1;
THENCE N62°22'51"W a distance of 40.60 feet to a calculated
point on the east line of the above-described Parcel 23-1;
THENCE, with the east line of said Parcel 23-1, the following
four (4) courses:
1) S27°22'35"W a distance of 618.29 feet to a calculated
point for an outside corner of said Parcel 23-1;
2) N62°37'49"W a distance of 5.00 feet to a calculated point
for an inside corner of said Parcel 23-1;
3) S27°22'11"W a distance of 618.51 feet to a calculated
angle point; and
4) S73°40'29"W a distance of 69.55 feet to a calculated point
at the southeast corner of said Parcel 23-1;
THENCE, with the south line of said Parcel 23-1, N60°41'02"W a
distance of 339.91 feet to a calculated point on the east
right-of-way line of State Highway No. 130 at the southwest corner
of said Parcel 23-1;
THENCE, with the east right-of-way line of said State Highway
No. 130, the following three (3) courses:
1) N30°02'29"E a distance of 1,101.68 feet to a calculated
angle point;
2) N20°27'12"E a distance of 2,012.40 feet to a calculated
angle point; and
3) N27°27'12"E a distance of 432.97 feet to a calculated
point at the northwest corner of the above-described Parcel 23-3;
THENCE, with the north line of said Parcel 23-3, S62°04'21"E a
distance of 608.26 feet to a calculated point on the west line of
the above-described Parcel 14-1 at the northeast corner of said
Parcel 23-3;
THENCE, with the west line of said Parcel 14-1, N27°45'52"E a
distance of 393.68 feet to a calculated point at the northwest
corner of said Parcel 14-1, also being the most westerly southwest
corner of the above-described Parcel 01-2;
THENCE, with the west line of said Parcel 01-2, N28°07'17"E a
distance of 224.92 feet to a calculated point at the southeast
corner of the above-described Parcel 24-1;
THENCE, with the south line of said Parcel 24-1, N62°34'20"W a
distance of 613.00 feet to a calculated point on the east
right-of-way line of said State Highway No. 130 at the southwest
corner of said Parcel 24-1;
THENCE, with the east right-of-way line of said State Highway
No. 130, the following nine (9) courses:
1) N27°27'12"E a distance of 1,672.04 feet to a calculated
angle point;
2) N32°27'12"E a distance of 1,894.71 feet to a calculated
angle point;
3) N29°36'58"E a distance of 516.40 feet to a calculated
point;
4) S61°16'47"E a distance of 91.29 feet to a calculated
point;
5) N33°24'29"E a distance of 576.93 feet to a calculated
point;
6) N61°16'47"W a distance of 126.37 feet to a calculated
point;
7) N26°30'22"E a distance of 430.28 feet to a calculated
point;
8) N61°16'47"W a distance of 56.58 feet to a calculated
point; and
9) N27°27'30"E a distance of 956.84 feet to a calculated
point at the intersection with the south right-of-way line of FM
Highway No. 969, also being the northwest corner of said Parcel
24-1;
THENCE, with the south right-of-way line of said FM Highway
No. 969, the following six (6) courses:
1) S64°07'08"E a distance of 395.49 feet to a calculated
point;
2) S22°48'20"W a distance of 61.04 feet to a calculated
point;
3) S67°11'40"E a distance of 110.00 feet to a calculated
point;
4) N22°48'20"E a distance of 60.54 feet to a calculated
point;
5) S77°33'00"E a distance of 201.73 feet to a calculated
angle point; and
6) S65°03'31"E a distance of 381.97 feet to a calculated
point at the northeast corner of the above-described Parcel 08-2;
THENCE, with the east line of said Parcel 08-2, S12°49'01"W a
distance of 1,365.75 feet to a calculated point at an inside corner
of the above-described Parcel 02-1;
THENCE, with the north line of said Parcel 02-1, S62°34'57"E a
distance of 947.19 feet to a calculated point at the most easterly
northeast corner of said Parcel 02-1;
THENCE, with the east line of said Parcel 02-1, S27°12'42"W a
distance of 1,350.79 feet to a calculated angle point;
THENCE, continuing with the east line of said Parcel 02-1,
S27°42'57"W a distance of 1,658.43 feet to a calculated point at the
northeast corner of said Parcel 01-2;
THENCE, with the east line of said Parcel 01-2, S27°36'56"W a
distance of 1,486.26 feet to a calculated point at an outside corner
of said Parcel 01-2 on the north line of the above-described Parcel
04-1;
THENCE, with the north line of said Parcel 04-1, S62°13'13"E a
distance of 697.01 feet to a calculated point at the northeast
corner of said Parcel 04-1, also being the northwest corner of the
above-described Parcel 19-1;
THENCE, with the north line of said Parcel 19-1, S62°14'53"E a
distance of 461.49 feet to a calculated point at the southwest
corner of the above-described Parcel 10-1;
THENCE, with the west line of said Parcel 10-1, N27°49'54"E a
distance of 3,150.15 feet to a calculated point at the northwest
corner of said Parcel 10-1;
THENCE, with the north line of said Parcel 10-1, S62°43'06"E a
distance of 710.22 feet to a calculated point at the northeast
corner of said Parcel 10-1;
THENCE, with the east line of said Parcel 10-1, S27°52'34"W a
distance of 3,156.02 feet to a calculated point at the southeast
corner of said Parcel 10-1, also being the northwest corner of the
above-described Parcel 06-1;
THENCE, with the north line of said Parcel 06-1, S61°04'03"E a
distance of 289.04 feet to a calculated point at the northwest
corner of the above-described Parcel 12-1;
THENCE, with the north line of said Parcel 12-1, S63°22'55"E a
distance of 457.28 feet to a calculated point at the northwest
corner of the above-described Parcel 06-2;
THENCE, with the north line of said Parcel 06-2, S64°42'36"E a
distance of 378.00 feet to a calculated point at the northwest
corner of the above-described Parcel 20-1;
THENCE, with the north line of said Parcel 20-1, S70°09'59"E a
distance of 400.67 feet to a calculated point at the northwest
corner of the above-described Parcel 02-3;
THENCE, with the north line of said Parcel 02-3, the
following three (3) courses:
1) S67°05'07"E a distance of 104.58 feet to a calculated
angle point;
2) S53°35'54"E a distance of 105.83 feet to a calculated
angle point; and
3) S55°41'48"E a distance of 206.91 feet to a calculated
point at the northeast corner of said Parcel 02-3;
THENCE, with the east line of said Parcel 02-3, S28°01'49"W a
distance of 899.00 feet to a calculated point on the north bank of
the Colorado River at the southeast corner of said Parcel 02-3;
THENCE, with the meanders of the north bank of the Colorado
River, the following fifty-nine (59) courses:
1) S78°57'26"W a distance of 265.40 feet to a calculated
point;
2) S58°33'04"W a distance of 403.36 feet to a calculated
point;
3) S27°53'07"W a distance of 24.17 feet to a calculated
point;
4) S73°19'34"W a distance of 179.78 feet to a calculated
point;
5) S80°40'33"W a distance of 284.45 feet to a calculated
point;
6) N26°28'28"E a distance of 20.96 feet to a calculated
point;
7) S75°36'26"W a distance of 293.31 feet to a calculated
point;
8) S86°20'34"W a distance of 84.16 feet to a calculated
point;
9) S79°42'18"W a distance of 141.79 feet to a calculated
point;
10) S27°00'43"W a distance of 26.90 feet to a calculated
point;
11) S78°05'41"W a distance of 99.68 feet to a calculated
point;
12) S71°38'12"W a distance of 426.53 feet to a calculated
point;
13) S58°35'29"W a distance of 276.51 feet to a calculated
point;
14) S24°20'35"W a distance of 359.58 feet to a calculated
point;
15) S08°24'01"W a distance of 300.61 feet to a calculated
point;
16) S07°37'34"E a distance of 185.37 feet to a calculated
point;
17) S02°25'49"E a distance of 59.41 feet to a calculated
point;
18) S01°21'36"W a distance of 38.60 feet to a calculated
point;
19) S08°00'24"E a distance of 41.40 feet to a calculated
point;
20) S09°09'36"W a distance of 373.90 feet to a calculated
point;
21) S31°59'36"W a distance of 107.30 feet to a calculated
point;
22) S18°00'36"W a distance of 293.50 feet to a calculated
point;
23) S30°25'36"W a distance of 112.00 feet to a calculated
point;
24) S10°51'36"W a distance of 634.90 feet to a calculated
point;
25) S02°34'36"W a distance of 30.70 feet to a calculated
point;
26) S59°28'24"E a distance of 57.10 feet to a calculated
point;
27) S03°40'24"E a distance of 310.40 feet to a calculated
point;
28) S16°21'36"W a distance of 278.50 feet to a calculated
point;
29) S17°53'36"W a distance of 322.40 feet to a calculated
point;
30) S32°29'36"W a distance of 792.30 feet to a calculated
point;
31) S18°11'36"W a distance of 184.90 feet to a calculated
point;
32) N63°10'34"W a distance of 44.96 feet to a calculated
point;
33) S19°04'38"W a distance of 21.49 feet to a calculated
point;
34) S27°17'38"W a distance of 190.50 feet to a calculated
point;
35) S23°12'38"W a distance of 266.20 feet to a calculated
point;
36) S33°52'38"W a distance of 191.10 feet to a calculated
point;
37) S61°12'38"W a distance of 280.40 feet to a calculated
point;
38) S63°15'38"W a distance of 345.10 feet to a calculated
point;
39) S72°35'38"W a distance of 285.20 feet to a calculated
point;
40) N85°31'22"W a distance of 165.00 feet to a calculated
point;
41) N72°50'22"W a distance of 150.00 feet to a calculated
point;
42) N10°15'22"W a distance of 135.80 feet to a calculated
point;
43) N04°17'22"W a distance of 37.00 feet to a calculated
point;
44) N38°51'22"W a distance of 391.50 feet to a calculated
point;
45) N12°14'22"W a distance of 40.00 feet to a calculated
point;
46) N07°15'38"E a distance of 183.00 feet to a calculated
point;
47) S47°45'38"W a distance of 386.10 feet to a calculated
point;
48) S75°54'39"W a distance of 102.43 feet to a calculated
point;
49) S71°46'05"W a distance of 154.03 feet to a calculated
point;
50) S65°38'42"W a distance of 430.32 feet to a calculated
point;
51) S49°58'20"W a distance of 207.45 feet to a calculated
point;
52) S47°30'01"W a distance of 581.94 feet to a calculated
point;
53) S58°05'16"W a distance of 199.26 feet to a calculated
point;
54) S55°02'26"W a distance of 168.25 feet to a calculated
point;
55) S66°49'36"W a distance of 424.33 feet to a calculated
point;
56) S70°27'05"W a distance of 178.44 feet to a calculated
point;
57) S73°49'29"W a distance of 103.82 feet to a calculated
point;
58) S85°43'30"W a distance of 78.52 feet to a calculated
point; and
59) S78°29'14"W a distance of 59.80 feet to the POINT OF
BEGINNING, and containing 1,370 acres of land, more or less.
TRACT 2
BEGINNING at a calculated point at the intersection of the
north bank of the Colorado River and the west right-of-way line of
State Highway No. 130, at the southeast corner of the
above-described Parcel 03-2, for the southeast corner and POINT OF
BEGINNING of the herein described tract;
THENCE, with the meanders of the north bank of the Colorado
River, the following twenty-two (22) courses:
1) S76°37'38"W a distance of 1.87 feet to a calculated point;
2) S72°53'53"W a distance of 518.11 feet to a calculated
point;
3) S75°14'11"W a distance of 517.88 feet to a calculated
point;
4) S70°55'05"W a distance of 289.38 feet to a calculated
point;
5) S81°58'40"W a distance of 118.79 feet to a calculated
point;
6) S63°21'33"W a distance of 277.07 feet to a calculated
point;
7) S49°47'25"W a distance of 47.81 feet to a calculated
point;
8) S64°43'53"W a distance of 353.97 feet to a calculated
point;
9) S62°39'35"W a distance of 626.81 feet to a calculated
point;
10) S72°28'38"W a distance of 203.07 feet to a calculated
point;
11) S85°12'41"W a distance of 191.20 feet to a calculated
point;
12) N89°48'48"W a distance of 82.77 feet to a calculated
point;
13) N83°17'50"W a distance of 141.54 feet to a calculated
point;
14) N83°16'30"W a distance of 332.35 feet to a calculated
point;
15) N72°21'14"W a distance of 159.08 feet to a calculated
point;
16) N80°26'48"W a distance of 189.39 feet to a calculated
point;
17) N79°57'59"W a distance of 91.38 feet to a calculated
point;
18) S85°50'53"W a distance of 69.91 feet to a calculated
point;
19) N78°28'45"W a distance of 123.84 feet to a calculated
point;
20) N68°18'10"W a distance of 159.21 feet to a calculated
point;
21) N80°39'08"W a distance of 135.80 feet to a calculated
point; and
22) S78°59'06"W a distance of 43.91 feet to a calculated
point at the intersection with the east right-of-way line of FM
Highway No. 973, also being the most southerly southwest corner of
the above-described Parcel 03-5;
THENCE, with the east right-of-way line of said FM Highway
No. 973, N10°21'00"E a distance of 147.12 feet to a calculated point
of curvature of a curve to the left;
THENCE, continuing with the east right-of-way line, along
said curve to the left an arc distance of 623.12 feet, having a
radius of 622.94 feet, and a chord which bears N18°18'22"W a
distance of 597.46 feet to a calculated point at the most westerly
southwest corner of said Parcel 03-5;
THENCE, with the west line of said Parcel 03-5, N27°38'58"E a
distance of 2,173.14 feet to a calculated point at the northwest
corner of said Parcel 03-5;
THENCE, with the north line of said Parcel 03-5, S62°35'52"E a
distance of 953.15 feet to a calculated point in the west line of
the above-described Parcel 03-7 at the northeast corner of said
Parcel 03-5;
THENCE, with the west line of said Parcel 03-7, N27°51'48"E a
distance of 830.67 feet to a calculated angle point;
THENCE, continuing with the west line of said Parcel 03-7,
N27°04'22"E a distance of 660.77 feet to a calculated angle point;
THENCE, with the west line of the above-described Parcel
03-01, N27°16'45"E a distance of 2,498.68 feet to a calculated point
at the northwest corner of said Parcel 03-1, also being the
southwest corner of the above-described Parcel 28-2;
THENCE, with the west line of said Parcel 28-2, the following
five (5) courses:
1) N23°25'44"E a distance of 14.81 feet to a calculated angle
point;
2) N27°12'18"E a distance of 110.07 feet to a calculated
angle point;
3) N27°08'13"E a distance of 109.97 feet to a calculated
angle point;
4) N27°14'30"E a distance of 114.81 feet to a calculated
angle point; and
5) N27°12'49"E a distance of 7.53 feet to a calculated point
at the southeast corner of the above-described Parcel 27-1;
THENCE, with the south line of said Parcel 27-1, N62°40'24"W a
distance of 1,722.95 feet to a calculated point on the east
right-of-way line of FM Highway No. 973 at the southwest corner of
said Parcel 27-1;
THENCE, with the east right-of-way line of said FM Highway
No. 973, N27°14'18"E a distance of 2,115.67 feet to a calculated
point at the intersection with the south right-of-way line of
Harold Green Road at the northwest corner of said Parcel 27-1;
THENCE, with the south right-of-way line of said Harold Green
Road, S62°58'47"E a distance of 1,685.22 feet to a calculated angle
point;
THENCE, continuing with the south right-of-way line of said
Harold Green Road, S49°54'08"E a distance of 37.29 feet to a
calculated point at the intersection with the west right-of-way
line of State Highway No. 130 at the northeast corner of said Parcel
27-1;
THENCE, with the west right-of-way line of said State Highway
No. 130, the following six (6) courses:
1) S27°10'40"W a distance of 207.10 feet to a calculated
point at the northwest corner of said Parcel 28-2;
2) S60°00'52"E a distance of 291.88 feet to a calculated
point at the northeast corner of said Parcel 28-2;
3) S29°59'08"W a distance of 908.52 feet to a calculated
angle point;
4) S12°44'41"W a distance of 849.11 feet to a calculated
angle point;
5) S18°15'23"E a distance of 401.53 feet to a calculated
angle point; and
6) S01°34'38"E a distance of 4,793.91 feet to the POINT OF
BEGINNING, and containing 446 acres of land, more or less.
TRACT 3
BEGINNING at a calculated point on the west right-of-way line
of FM Highway No. 973 at the northeast corner of the above-described
Parcel 03-4, for the northeast corner and POINT OF BEGINNING of the
herein described tract;
THENCE, with the west right-of-way line of said FM Highway
No. 973, S27°14'18"W a distance of 3,646.01 feet to a calculated
point at the southeast corner of said Parcel 03-4;
THENCE, with the south line of said Parcel 03-4, N62°56'53"W a
distance of 837.14 feet to a calculated point at the southwest
corner of said Parcel 03-4;
THENCE, with the west line of said Parcel 03-4, the following
three (3) courses:
1) N27°31'25"E a distance of 340.08 feet to a calculated
angle point;
2) N27°26'49"E a distance of 1,634.23 feet to a calculated
angle point; and
3) N27°36'28"E a distance of 1,688.35 feet to a calculated
point at the northwest corner of said Parcel 03-4;
THENCE, with the north line of said Parcel 03-4, S61°47'25"E a
distance of 818.72 feet to the POINT OF BEGINNING, and containing 69
acres of land, more or less.
TRACT 4
BEGINNING at a calculated point on the east right-of-way line
of FM Highway No. 973 at the northwest corner of the above-described
Parcel 11-1, for the most westerly northwest corner and POINT OF
BEGINNING of the herein described tract;
THENCE, with the north line of said Parcel 11-1, S62°59'56"E a
distance of 1,705.04 feet to a calculated point on the west line of
the above-described Parcel 22-1 at the northeast corner of said
Parcel 11-1;
THENCE, with the west line of said Parcel 22-1, N27°24'34"E a
distance of 854.85 feet to a calculated point on the west
right-of-way line of State Highway No. 130 at the northwest corner
of said Parcel 22-1;
THENCE, with the west right-of-way line of said State Highway
No. 130, the following six (6) courses:
1) S62°02'37"E a distance of 70.21 feet to a calculated point
at the northeast corner of said Parcel 22-1;
2) S12°37'58"W a distance of 1,453.45 feet to a calculated
point of curvature of a curve to the right;
3) Along said curve to the right an arc distance of 557.08
feet, having a radius of 1813.67 feet, and a chord which bears
S22°23'39"W a distance of 554.89 feet to a calculated point of
tangency;
4) S31°31'30"W a distance of 319.97 feet to a calculated
point at the southeast corner of the above-described Parcel 23-1;
5) N87°37'11"W a distance of 71.61 feet to a calculated angle
point; and
6) N62°35'47"W a distance of 400.24 feet to a calculated
point at the southwest corner of said Parcel 23-1;
THENCE, with the west lines of Parcels 23-1, 28-1 and 22-1,
N27°24'44"E a distance of 1,293.45 feet to a calculated point at the
southeast corner of said Parcel 11-1;
THENCE, with the south line of said Parcel 11-1, N62°59'56"W a
distance of 1,705.16 feet to a calculated point on the east
right-of-way line of said FM Highway No. 973 at the southwest corner
of said Parcel 11-1;
THENCE, with the east right-of-way line of said FM Highway
No. 973, N26°57'04"E a distance of 160.00 feet to the POINT OF
BEGINNING, and containing 24 acres of land, more or less.
TRACT 5
BEGINNING at a 1/2" iron rod found on the east right-of-way
line of FM Highway No. 973 at the northwest corner of the
above-described Parcel 07-1, for the northwest corner and POINT OF
BEGINNING of the herein described tract;
THENCE, with the north line of said Parcel 07-1, S63°23'23"E a
distance of 1,720.22 feet to a calculated point at the northeast
corner of said Parcel 07-1;
THENCE, with the east line of said Parcel 07-1, a portion of
said line also being the west right-of-way line of said State
Highway No. 130, S27°27'34"W a distance of 5,047.34 feet to a
calculated angle point;
THENCE, continuing with the west right-of-way line of said
State Highway No. 130, S27°52'12"W a distance of 588.10 feet to a
calculated point at the southeast corner of said Parcel 07-1;
THENCE, with the south line of said Parcel 07-1, N63°23'09"W a
distance of 1,723.19 feet to a 1/2" iron rod found with cap marked
"Brooks-Baker" on the east right-of-way line of said FM Highway No.
973 at the southwest corner of said Parcel 07-1;
THENCE, with the east right-of-way line of said FM Highway
No. 973, the following three (3) courses:
1) N27°00'51"E a distance of 790.98 feet to a calculated
angle point;
2) N27°35'51"E a distance of 4,186.86 feet to a calculated
angle point; and
3) N27°44'31"E a distance of 657.55 feet to the POINT OF
BEGINNING, and containing 223 acres of land, more or less.
The gross area contained within Tracts 1, 2, 3, 4 and 5 totals
2,132 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, 2011.