Texas 2011 - 82nd Regular

Texas House Bill HB1756 Compare Versions

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1	1	By: Rodriguez (Senate Sponsor - Watson) H.B. No. 1756
2	2	(In the Senate - Received from the House April 11, 2011;
3	3	April 20, 2011, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 20, 2011, reported adversely,
5	5	with favorable Committee Substitute by the following vote: Yeas 5,
6	6	Nays 0; May 20, 2011, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR H.B. No. 1756 By: Nichols
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the creation of the Pilot Knob Municipal Utility
13	13	District No. 2; providing authority to impose a tax and issue bonds.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subtitle F, Title 6, Special District Local Laws
16	16	Code, is amended by adding Chapter 8376 to read as follows:
17	17	CHAPTER 8376. PILOT KNOB MUNICIPAL UTILITY DISTRICT NO. 2
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 8376.001. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "Commission" means the Texas Commission on
22	22	Environmental Quality.
23	23	(3) "Director" means a board member.
24	24	(4) "District" means the Pilot Knob Municipal Utility
25	25	District No. 2.
26	26	(5) "Municipality" means a municipality in whose
27	27	corporate limits or extraterritorial jurisdiction the district is
28	28	located.
29	29	Sec. 8376.002. NATURE OF DISTRICT. The district is a
30	30	municipal utility district created under Section 59, Article XVI,
31	31	Texas Constitution.
32	32	Sec. 8376.003. CONFIRMATION AND DIRECTORS' ELECTION
33	33	REQUIRED. The temporary directors shall hold an election to
34	34	confirm the creation of the district and to elect permanent
35	35	directors as provided by Section 8376.051 of this code and Section
36	36	49.102, Water Code.
37	37	Sec. 8376.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The
38	38	temporary directors may not hold an election under Section 8376.003
39	39	until each municipality has consented by ordinance or resolution to
40	40	the creation of the district and to the inclusion of land in the
41	41	district.
42	42	(b) If a municipality does not consent to the creation of
43	43	the district or if the district does not enter into an agreement
44	44	required by the terms of the municipal ordinance or resolution
45	45	consenting to the creation of the district under this section
46	46	before September 1, 2012:
47	47	(1) the district is dissolved September 1, 2012,
48	48	except that:
49	49	(A) any debts incurred shall be paid;
50	50	(B) any assets that remain after the payment of
51	51	debts shall be transferred to the municipality or another local
52	52	governmental entity to be used for a public purpose; and
53	53	(C) the organization of the district shall be
54	54	maintained until all debts are paid and remaining assets are
55	55	transferred; and
56	56	(2) this chapter expires September 1, 2012.
57	57	Sec. 8376.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
58	58	The district is created to serve a public purpose and benefit.
59	59	(b) The district is created to accomplish the purposes of:
60	60	(1) a municipal utility district as provided by
61	61	general law and Section 59, Article XVI, Texas Constitution; and
62	62	(2) Section 52, Article III, Texas Constitution, that
63	63	relate to the construction, acquisition, or improvement of
64	64	macadamized, graveled, or paved roads described by Section 54.234,
65	65	Water Code, or improvements, including storm drainage, in aid of
66	66	those roads.
67	67	Sec. 8376.006. INITIAL DISTRICT TERRITORY. (a) The
68	68	district is initially composed of the territory described by
69	69	Section 2 of the Act enacting this chapter.
70	70	(b) The boundaries and field notes contained in Section 2 of
71	71	the Act enacting this chapter form a closure. A mistake made in the
72	72	field notes or in copying the field notes in the legislative process
73	73	does not affect the district's:
74	74	(1) organization, existence, or validity;
75	75	(2) right to issue any type of bond for the purposes
76	76	for which the district is created or to pay the principal of and
77	77	interest on a bond;
78	78	(3) right to impose a tax; or
79	79	(4) legality or operation.
80	80	[Sections 8376.007-8376.050 reserved for expansion]
81	81	SUBCHAPTER B. BOARD OF DIRECTORS
82	82	Sec. 8376.051. GOVERNING BODY; TERMS. (a) Except as
83	83	provided by Subsection (b), the district is governed by a board of
84	84	five elected directors.
85	85	(b) If required under the terms of the agreement, ordinance,
86	86	or resolution by which a municipality consents to the creation of
87	87	the district, the board consists of:
88	88	(1) four elected directors; and
89	89	(2) one director appointed by the governing body of
90	90	the municipality.
91	91	(c) A director appointed under Subsection (b)(2) is not
92	92	required to be a qualified voter of the district or to own land
93	93	subject to taxation in the district.
94	94	(d) Except as provided by Section 8376.052, directors serve
95	95	staggered four-year terms. A permanent director may not serve more
96	96	than two four-year terms.
97	97	(e) The common law doctrine of incompatibility does not
98	98	disqualify an official or employee of a municipality from being
99	99	appointed a director by the governing body of a municipality under
100	100	Subsection (b)(2), and a director appointed to the board may
101	101	continue to serve in a public office of or be employed by the
102	102	municipality.
103	103	Sec. 8376.052. TEMPORARY DIRECTORS. (a) On or after the
104	104	effective date of the Act enacting this chapter, the owner or owners
105	105	of a majority of the assessed value of the real property in the
106	106	district may submit a petition to the commission requesting that
107	107	the commission appoint as temporary directors the five persons
108	108	named in the petition. The commission shall appoint as temporary
109	109	directors the five persons named in the petition.
110	110	(b) Temporary directors serve until the earlier of:
111	111	(1) the date permanent directors are elected under
112	112	Section 8376.003; or
113	113	(2) the fourth anniversary of the effective date of
114	114	the Act enacting this chapter.
115	115	(c) If permanent directors have not been elected under
116	116	Section 8376.003 and the terms of the temporary directors have
117	117	expired, successor temporary directors shall be appointed or
118	118	reappointed as provided by Subsection (d) to serve terms that
119	119	expire on the earlier of:
120	120	(1) the date permanent directors are elected under
121	121	Section 8376.003; or
122	122	(2) the fourth anniversary of the date of the
123	123	appointment or reappointment.
124	124	(d) If Subsection (c) applies, the owner or owners of a
125	125	majority of the assessed value of the real property in the district
126	126	may submit a petition to the commission requesting that the
127	127	commission appoint as successor temporary directors the five
128	128	persons named in the petition. The commission shall appoint as
129	129	successor temporary directors the five persons named in the
130	130	petition.
131	131	[Sections 8376.053-8376.100 reserved for expansion]
132	132	SUBCHAPTER C. POWERS AND DUTIES
133	133	Sec. 8376.101. GENERAL POWERS AND DUTIES. The district has
134	134	the powers and duties necessary to accomplish the purposes for
135	135	which the district is created.
136	136	Sec. 8376.102. MUNICIPAL UTILITY DISTRICT POWERS AND
137	137	DUTIES. The district has the powers and duties provided by the
138	138	general law of this state, including Chapters 49 and 54, Water Code,
139	139	applicable to municipal utility districts created under Section 59,
140	140	Article XVI, Texas Constitution.
141	141	Sec. 8376.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
142	142	Section 52, Article III, Texas Constitution, the district may
143	143	design, acquire, construct, finance, issue bonds for, improve, and
144	144	convey to this state, a county, or a municipality for operation and
145	145	maintenance macadamized, graveled, or paved roads described by
146	146	Section 54.234, Water Code, or improvements, including storm
147	147	drainage, in aid of those roads.
148	148	(b) The district may exercise the powers provided by this
149	149	section without submitting a petition to or obtaining approval from
150	150	the commission as required by Section 54.234, Water Code.
151	151	Sec. 8376.104. APPROVAL OF ROAD PROJECT. (a) The district
152	152	may not undertake a road project authorized by Section 8376.103
153	153	unless:
154	154	(1) each municipality or county that will operate and
155	155	maintain the road has approved the plans and specifications of the
156	156	road project, if a municipality or county will operate and maintain
157	157	the road; or
158	158	(2) the Texas Transportation Commission has approved
159	159	the plans and specifications of the road project, if the state will
160	160	operate and maintain the road.
161	161	(b) Except as provided by Subsection (a), the district is
162	162	not required to obtain approval from the Texas Transportation
163	163	Commission to design, acquire, construct, finance, issue bonds for,
164	164	improve, or convey a road project.
165	165	Sec. 8376.105. COMPLIANCE WITH AND ENFORCEABILITY OF
166	166	MUNICIPAL CONSENT AGREEMENT, ORDINANCE, OR RESOLUTION. (a) The
167	167	district shall comply with all applicable requirements of any
168	168	ordinance or resolution that is adopted under Section 54.016 or
169	169	54.0165, Water Code, and that consents to the creation of the
170	170	district or to the inclusion of land in the district.
171	171	(b) Any agreement between the district and a municipality
172	172	related to the municipality's consent to the creation of the
173	173	district is valid and enforceable.
174	174	(c) On the issuance of bonds by the district, the district
175	175	is considered to have waived sovereign immunity to suit by a
176	176	municipality for the purpose of adjudicating a claim for breach of
177	177	an agreement described by this section.
178	178	Sec. 8376.106. CONTRACT TO FURTHER REGIONAL COOPERATION.
179	179	The district and a municipality may contract on terms that the board
180	180	and governing body of the municipality agree will further regional
181	181	cooperation between the district and the municipality.
182	182	Sec. 8376.107. NO EMINENT DOMAIN POWER. The district may
183	183	not exercise the power of eminent domain.
184	184	[Sections 8376.108-8376.150 reserved for expansion]
185	185	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
186	186	Sec. 8376.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
187	187	district may issue, without an election, bonds and other
188	188	obligations secured by:
189	189	(1) revenue other than ad valorem taxes; or
190	190	(2) contract payments described by Section 8376.153.
191	191	(b) The district must hold an election in the manner
192	192	provided by Chapters 49 and 54, Water Code, to obtain voter approval
193	193	before the district may impose an ad valorem tax or issue bonds
194	194	payable from ad valorem taxes.
195	195	(c) The district may not issue bonds payable from ad valorem
196	196	taxes to finance a road project unless the issuance is approved by a
197	197	vote of a two-thirds majority of the district voters voting at an
198	198	election held for that purpose.
199	199	Sec. 8376.152. OPERATION AND MAINTENANCE TAX. (a) If
200	200	authorized at an election held under Section 8376.151, the district
201	201	may impose an operation and maintenance tax on taxable property in
202	202	the district in accordance with Section 49.107, Water Code.
203	203	(b) The board shall determine the tax rate. The rate may not
204	204	exceed the rate approved at the election.
205	205	(c) If required by an agreement between the district and a
206	206	municipality under Section 8376.105, the total ad valorem tax rate
207	207	of the district may not be less than the total ad valorem tax rate of
208	208	the municipality.
209	209	Sec. 8376.153. CONTRACT TAXES. (a) In accordance with
210	210	Section 49.108, Water Code, the district may impose a tax other than
211	211	an operation and maintenance tax and use the revenue derived from
212	212	the tax to make payments under a contract after the provisions of
213	213	the contract have been approved by a majority of the district voters
214	214	voting at an election held for that purpose.
215	215	(b) A contract approved by the district voters may contain a
216	216	provision stating that the contract may be modified or amended by
217	217	the board without further voter approval.
218	218	[Sections 8376.154-8376.200 reserved for expansion]
219	219	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
220	220	Sec. 8376.201. AUTHORITY TO ISSUE BONDS AND OTHER
221	221	OBLIGATIONS. The district may issue bonds or other obligations
222	222	payable wholly or partly from ad valorem taxes, impact fees,
223	223	revenue, contract payments, grants, or other district money, or any
224	224	combination of those sources, to pay for any authorized district
225	225	purpose.
226	226	Sec. 8376.202. TAXES FOR BONDS. At the time the district
227	227	issues bonds payable wholly or partly from ad valorem taxes, the
228	228	board shall provide for the annual imposition of a continuing
229	229	direct ad valorem tax, without limit as to rate or amount, while all
230	230	or part of the bonds are outstanding as required and in the manner
231	231	provided by Sections 54.601 and 54.602, Water Code.
232	232	Sec. 8376.203. BONDS FOR ROAD PROJECTS. At the time of
233	233	issuance, the total principal amount of bonds or other obligations
234	234	issued or incurred to finance road projects and payable from ad
235	235	valorem taxes may not exceed one-fourth of the assessed value of the
236	236	real property in the district.
237	237	[Sections 8376.204-8376.250 reserved for expansion]
238	238	SUBCHAPTER F. STRATEGIC PARTNERSHIP AGREEMENT; MUNICIPAL
239	239	ANNEXATION AND NOTICE
240	240	Sec. 8376.251. STRATEGIC PARTNERSHIP; CONTINUATION OF
241	241	DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may
242	242	continue to exist as a limited district after full-purpose
243	243	annexation by a municipality if the district and the annexing
244	244	municipality state the terms of the limited district's existence in
245	245	a strategic partnership agreement under Section 43.0751, Local
246	246	Government Code.
247	247	(b) The strategic partnership agreement may provide for a
248	248	term of any number of years. The limitation in Section
249	249	43.0751(g)(2), Local Government Code, on the length of the term
250	250	does not apply to a limited district created under this section.
251	251	Sec. 8376.252. MUNICIPAL ANNEXATION; NOTICE. (a) Sections
252	252	43.0561 and 43.0562, Local Government Code, do not apply to the
253	253	annexation of the district by a municipality that consents to the
254	254	creation of the district under Section 8376.004.
255	255	(b) Not later than the 30th day after the date a
256	256	municipality adopts a resolution or ordinance consenting to the
257	257	creation of the district, the municipality shall file, in the real
258	258	property records of the county in which the land to be included in
259	259	the district is located, a notice to a purchaser of real property in
260	260	the district that describes:
261	261	(1) the municipality's authority and intention to
262	262	annex the district; and
263	263	(2) the anticipated date of the annexation.
264	264	(c) After the notice is filed, a person who proposes to sell
265	265	or otherwise convey real property in the district must include the
266	266	information contained in the municipality's notice in the Notice to
267	267	Purchasers required by Section 49.452, Water Code.
268	268	SECTION 2. The Pilot Knob Municipal Utility District No. 2
269	269	initially includes all the territory contained in the following
270	270	area:
271	271	557.187 acres of land described below:
272	272	A DESCRIPTION OF 557.672 ACRES IN THE SANTIAGO DEL VALLE GRANT IN
273	273	TRAVIS COUNTY, TEXAS, BEING A PORTION OF A 138.540 ACRE TRACT
274	274	DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC.,
275	275	DATED MARCH 2, 2007 AND RECORDED IN DOCUMENT NO. 2007038642 OF THE
276	276	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
277	277	20.807 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA
278	278	ACQUISITION INC., DATED JANUARY 3, 2007 AND RECORDED IN DOCUMENT
279	279	NO. 2007003159 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
280	280	TEXAS, A PORTION OF AN 81.018 ACRE TRACT DESCRIBED IN A SPECIAL
281	281	WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER 12, 2006 AND
282	282	RECORDED IN DOCUMENT NO. 2006246454 OF THE OFFICIAL PUBLIC RECORDS
283	283	OF TRAVIS COUNTY, TEXAS, A PORTION OF A 103.415 ACRE TRACT DESCRIBED
284	284	IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED NOVEMBER
285	285	20, 2006 AND RECORDED IN DOCUMENT NO. 2006224021 OF THE OFFICIAL
286	286	PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 167.748 ACRE
287	287	TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION
288	288	INC., DATED DECEMBER 13, 2006 AND RECORDED IN DOCUMENT NO.
289	289	2006241307 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
290	290	A PORTION OF A 42.558 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY
291	291	DEED TO JONA ACQUISITION INC., DATED MAY 16, 2008 AND RECORDED IN
292	292	DOCUMENT NO. 2008083861 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
293	293	COUNTY, TEXAS, A PORTION OF A 20.005 ACRE TRACT DESCRIBED IN A
294	294	WARRANTY DEED WITH VENDOR'S LIEN TO JOHN T. HALDENSTEIN AND JOSHUA
295	295	N. HALDENSTEIN, DATED DECEMBER 14, 2000 AND RECORDED IN DOCUMENT
296	296	NO. 2000203669 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
297	297	TEXAS, A PORTION OF A 198.302 ACRE TRACT DESCRIBED IN A GENERAL
298	298	WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER 20, 2006 AND
299	299	RECORDED IN DOCUMENT NO. 2006244772 OF THE OFFICIAL PUBLIC RECORDS
300	300	OF TRAVIS COUNTY, TEXAS, A PORTION OF A 232.233 ACRE TRACT DESCRIBED
301	301	IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO JONA ACQUISITION
302	302	INC., DATED JANUARY 8, 2009 AND RECORDED IN DOCUMENT NO. 2009003190
303	303	OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF
304	304	A 37.390 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA
305	305	ACQUISITION INC., DATED OCTOBER 30, 2008 AND RECORDED IN DOCUMENT
306	306	NO. 2008179828 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
307	307	TEXAS, A PORTION OF COLTON BLUFF SPRINGS ROAD (APPARENT
308	308	RIGHT-OF-WAY WIDTH VARIES), AND ALL OF A 67.339 ACRE ACRE TRACT
309	309	DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC.,
310	310	DATED NOVEMBER 7, 2007 AND RECORDED IN DOCUMENT NO. 2007204509 OF
311	311	THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; SAID 557.672
312	312	ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
313	313	FOLLOWS:
314	314	BEGINNING at a 1/2" iron pipe found for an interior ell corner in
315	315	the north line of said 138.540 acre tract, same being an angle point
316	316	in the south line of a 380.080 acre tract described in a deed to
317	317	Ernest Collins and Floretta Collins, recorded in Volume 12791, Page
318	318	11 of the Real Property Records of Travis County, Texas;
319	319	THENCE crossing said 138.540 acre tract, said 20.807 acre tract,
320	320	Colton Bluff Springs Road, said 81.018 acre tract, said 103.415
321	321	acre tract, said 167.748 acre tract, said 42.558 acre tract, said
322	322	20.005 acre tract, said 198.302 acre tract, said 232.233 acre
323	323	tract, and said 37.390 acre tract, the following thirty (30)
324	324	courses and distances:
325	325	1. South 27°05'52" West, a distance of 3.20 feet to a
326	326	calculated point;
327	327	2. South 47°34'32" East, a distance of 42.94 feet to a
328	328	calculated point;
329	329	3. With a curve to the left, having a radius of 2002.94
330	330	feet, a delta angle of 22°31'58", an arc length of 787.70
331	331	feet, and a chord which bears South 58°50'31" East, a distance
332	332	of 782.64 feet to a calculated point;
333	333	4. South 19°53'30" West, a distance of 342.26 feet to a
334	334	calculated point;
335	335	5. With a curve to the left, having a radius of 499.99
336	336	feet, a delta angle of 41°14'55", an arc length of 359.95
337	337	feet, and a chord which bears South 00°43'58" East, a distance
338	338	of 352.23 feet to a calculated point;
339	339	6. South 21°21'01" East, a distance of 1149.03 feet to a
340	340	calculated point;
341	341	7. With a curve to the right, having a radius of 800.00
342	342	feet, a delta angle of 04°05'43", an arc length of 57.18 feet,
343	343	and a chord which bears South 19°18'34" East, a distance of
344	344	57.17 feet to a calculated point;
345	345	8. South 27°06'32" West, a distance of 1006.99 feet to a
346	346	calculated point;
347	347	9. North 62°55'07" West, a distance of 393.93 feet to a
348	348	calculated point;
349	349	10. South 27°04'42" West, a distance of 1090.01 feet to
350	350	a calculated point;
351	351	11. South 62°55'07" East, a distance of 393.35 feet to a
352	352	calculated point;
353	353	12. South 27°05'07" West, a distance of 1284.12 feet to
354	354	a calculated point;
355	355	13. South 27°11'27" West, a distance of 450.14 feet to a
356	356	calculated point;
357	357	14. With a curve to the left, having a radius of 1399.96
358	358	feet, a delta angle of 31°05'54", an arc length of 759.86
359	359	feet, and a chord which bears North 77°33'02" West, a distance
360	360	of 750.56 feet to a calculated point;
361	361	15. South 86°54'01" West, a distance of 948.14 feet to a
362	362	calculated point;
363	363	16. With a curve to the right, having a radius of
364	364	1399.96 feet, a delta angle of 31°17'38", an arc length of
365	365	764.63 feet, and a chord which bears North 77°27'10" West, a
366	366	distance of 755.16 feet to a calculated point;
367	367	17. North 61°48'21" West, a distance of 1135.34 feet to
368	368	a calculated point;
369	369	18. North 28°11'39" East, a distance of 910.01 feet to a
370	370	calculated point;
371	371	19. With a curve to the right, having a radius of 431.98
372	372	feet, a delta angle of 53°14'32", an arc length of 401.42
373	373	feet, and a chord which bears North 58°50'30" East, a distance
374	374	of 387.13 feet to a calculated point;
375	375	20. North 16°01'51" West, a distance of 256.62 feet to a
376	376	calculated point;
377	377	21. With a curve to the left, having a radius of 606.85
378	378	feet, a delta angle of 50°15'23", an arc length of 532.29
379	379	feet, and a chord which bears North 37°39'34" West, a distance
380	380	of 515.39 feet to a calculated point;
381	381	22. North 62°55'18" West, a distance of 292.66 feet to a
382	382	calculated point;
383	383	23. With a curve to the right, having a radius of
384	384	1466.51 feet, a delta angle of 180°00'00", an arc length of
385	385	4607.17 feet, and a chord which bears North 27°04'42" East, a
386	386	distance of 2933.02 feet to a calculated point;
387	387	24. South 62°55'18" East, a distance of 292.66 feet to a
388	388	calculated point;
389	389	25. With a curve to the left, having a radius of 606.85
390	390	feet, a delta angle of 50°15'23", an arc length of 532.29
391	391	feet, and a chord which bears South 88°11'02" East, a distance
392	392	of 515.39 feet to a calculated point;
393	393	26. North 70°11'14" East, a distance of 260.49 feet to a
394	394	calculated point;
395	395	27. With a curve to the right, having a radius of 428.50
396	396	feet, a delta angle of 57°46'46", an arc length of 432.12
397	397	feet, and a chord which bears North 02°55'38" West, a distance
398	398	of 414.04 feet to a calculated point;
399	399	28. North 25°57'45" East, a distance of 891.49 feet to a
400	400	calculated point;
401	401	29. With a curve to the right, having a radius of 750.00
402	402	feet, a delta angle of 16°27'44", an arc length of 215.49
403	403	feet, and a chord which bears North 34°11'36" East, a distance
404	404	of 214.75 feet to a calculated point;
405	405	30. North 42°25'28" East, a distance of 130.83 feet to a
406	406	calculated point in the common line of said 138.540 acre
407	407	tract and said 380.080 acre tract, from which a 3/4" iron pipe
408	408	found for an angle point in said common line bears North
409	409	47°34'32" West, a distance of 1131.25 feet;
410	410	THENCE South 47°34'32" East, with said common line, a distance of
411	411	1475.59 feet to the POINT OF BEGINNING, containing 557.672 acres of
412	412	land, more or less.
413	413	SAVE AND EXCEPT 0.485 ACRES:
414	414	BEING ALL OF A 21,064 SQUARE FOOT TRACT DESCRIBED IN A WARRANTY DEED
415	415	AND ACCESS EASEMENT TO CREEDMOOR-MAHA WATER SUPPLY CORPORATION,
416	416	DATED MAY 24 1999 AND RECORDED IN DOCUMENT NO. 1999070566 OF THE
417	417	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS; SAID 0.485 ACRE
418	418	TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
419	419	FOLLOWS:
420	420	BEGINNING at a 1/2" rebar found for the south corner of said 21,064
421	421	square foot tract, same being an angle point in the southwest line
422	422	of said 232.233 acre tract, also being in the northeast line of said
423	423	37.390 acre tract;
424	424	THENCE North 62°15'58" West, with the southwest line of said 21,064
425	425	square foot tract, same being the northeast line of said 37.390 acre
426	426	tract, a distance of 84.16 feet to a 1/2" rebar with Chaparral cap
427	427	found for the west corner of said 21,064 square foot tract, same
428	428	being an angle point in the southwest line of said 232.233 acre
429	429	tract;
430	430	THENCE with the common line of said 21,064 square foot tract and
431	431	said 232.233 acre tract, the following three (3) courses and
432	432	distances:
433	433	1. North 27°03'32" East, a distance of 251.09 feet to a
434	434	1/2" rebar found;
435	435	2. South 62°00'51" East, a distance of 84.16 feet to a
436	436	1/2" rebar found;
437	437	3. South 27°03'32" West, a distance of 250.72 feet to
438	438	the POINT OF BEGINNING, containing 0.485 acres of land, more
439	439	or less.
440	440	SECTION 3. (a) The legal notice of the intention to
441	441	introduce this Act, setting forth the general substance of this
442	442	Act, has been published as provided by law, and the notice and a
443	443	copy of this Act have been furnished to all persons, agencies,
444	444	officials, or entities to which they are required to be furnished
445	445	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
446	446	Government Code.
447	447	(b) The governor, one of the required recipients, has
448	448	submitted the notice and Act to the Texas Commission on
449	449	Environmental Quality.
450	450	(c) The Texas Commission on Environmental Quality has filed
451	451	its recommendations relating to this Act with the governor, the
452	452	lieutenant governor, and the speaker of the house of
453	453	representatives within the required time.
454	454	(d) All requirements of the constitution and laws of this
455	455	state and the rules and procedures of the legislature with respect
456	456	to the notice, introduction, and passage of this Act are fulfilled
457	457	and accomplished.
458	458	SECTION 4. This Act takes effect immediately if it receives
459	459	a vote of two-thirds of all the members elected to each house, as
460	460	provided by Section 39, Article III, Texas Constitution. If this
461	461	Act does not receive the vote necessary for immediate effect, this
462	462	Act takes effect September 1, 2011.
463	463	* * * * *