By: Rodriguez (Senate Sponsor - Watson) H.B. No. 1759
(In the Senate - Received from the House April 27, 2011;
April 28, 2011, read first time and referred to Committee on
Intergovernmental Relations; May 20, 2011, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 5,
Nays 0; May 20, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1759 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Pilot Knob Municipal Utility
District No. 4; providing authority to impose a tax and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8378 to read as follows:
CHAPTER 8378. PILOT KNOB MUNICIPAL UTILITY DISTRICT NO. 4
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8378.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Pilot Knob Municipal Utility
District No. 4.
(5) "Municipality" means a municipality in whose
corporate limits or extraterritorial jurisdiction the district is
located.
Sec. 8378.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8378.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect permanent
directors as provided by Section 8378.051 of this code and Section
49.102, Water Code.
Sec. 8378.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The
temporary directors may not hold an election under Section 8378.003
until each municipality has consented by ordinance or resolution to
the creation of the district and to the inclusion of land in the
district.
(b) If a municipality does not consent to the creation of
the district or if the district does not enter into an agreement
required by the terms of the municipal ordinance or resolution
consenting to the creation of the district under this section
before September 1, 2012:
(1) the district is dissolved September 1, 2012,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to the municipality or another local
governmental entity to be used for a public purpose; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2012.
Sec. 8378.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, or improvement of
macadamized, graveled, or paved roads described by Section 54.234,
Water Code, or improvements, including storm drainage, in aid of
those roads.
Sec. 8378.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 8378.007-8378.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8378.051. GOVERNING BODY; TERMS. (a) Except as
provided by Subsection (b), the district is governed by a board of
five elected directors.
(b) If required under the terms of the agreement, ordinance,
or resolution by which a municipality consents to the creation of
the district, the board consists of:
(1) four elected directors; and
(2) one director appointed by the governing body of
the municipality.
(c) A director appointed under Subsection (b)(2) is not
required to be a qualified voter of the district or to own land
subject to taxation in the district.
(d) Except as provided by Section 8378.052, directors serve
staggered four-year terms. A permanent director may not serve more
than two four-year terms.
(e) The common law doctrine of incompatibility does not
disqualify an official or employee of a municipality from being
appointed a director by the governing body of a municipality under
Subsection (b)(2), and a director appointed to the board may
continue to serve in a public office of or be employed by the
municipality.
Sec. 8378.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission requesting that
the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8378.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8378.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8378.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
[Sections 8378.053-8378.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8378.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8378.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8378.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the commission as required by Section 54.234, Water Code.
Sec. 8378.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8378.103
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 8378.105. COMPLIANCE WITH AND ENFORCEABILITY OF
MUNICIPAL CONSENT AGREEMENT, ORDINANCE, OR RESOLUTION. (a) The
district shall comply with all applicable requirements of any
ordinance or resolution that is adopted under Section 54.016 or
54.0165, Water Code, and that consents to the creation of the
district or to the inclusion of land in the district.
(b) Any agreement between the district and a municipality
related to the municipality's consent to the creation of the
district is valid and enforceable.
(c) On the issuance of bonds by the district, the district
is considered to have waived sovereign immunity to suit by a
municipality for the purpose of adjudicating a claim for breach of
an agreement described by this section.
Sec. 8378.106. CONTRACT TO FURTHER REGIONAL COOPERATION.
The district and a municipality may contract on terms that the board
and governing body of the municipality agree will further regional
cooperation between the district and the municipality.
Sec. 8378.107. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
[Sections 8378.108-8378.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8378.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8378.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8378.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8378.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) If required by an agreement between the district and a
municipality under Section 8378.105, the total ad valorem tax rate
of the district may not be less than the total ad valorem tax rate of
the municipality.
Sec. 8378.153. 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.
[Sections 8378.154-8378.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8378.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8378.202. 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, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8378.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
[Sections 8378.204-8378.250 reserved for expansion]
SUBCHAPTER F. STRATEGIC PARTNERSHIP AGREEMENT; MUNICIPAL
ANNEXATION AND NOTICE
Sec. 8378.251. STRATEGIC PARTNERSHIP; CONTINUATION OF
DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may
continue to exist as a limited district after full-purpose
annexation by a municipality if the district and the annexing
municipality state the terms of the limited district's existence in
a strategic partnership agreement under Section 43.0751, Local
Government Code.
(b) The strategic partnership agreement may provide for a
term of any number of years. The limitation in Section
43.0751(g)(2), Local Government Code, on the length of the term
does not apply to a limited district created under this section.
Sec. 8378.252. MUNICIPAL ANNEXATION; NOTICE. (a) Sections
43.0561 and 43.0562, Local Government Code, do not apply to the
annexation of the district by a municipality that consents to the
creation of the district under Section 8378.004.
(b) Not later than the 30th day after the date a
municipality adopts a resolution or ordinance consenting to the
creation of the district, the municipality shall file, in the real
property records of the county in which the land to be included in
the district is located, a notice to a purchaser of real property in
the district that describes:
(1) the municipality's authority and intention to
annex the district; and
(2) the anticipated date of the annexation.
(c) After the notice is filed, a person who proposes to sell
or otherwise convey real property in the district must include the
information contained in the municipality's notice in the Notice to
Purchasers required by Section 49.452, Water Code.
SECTION 2. The Pilot Knob Municipal Utility District No. 4
initially includes all the territory contained in the following
area: 345.581 acres of land, consisting of the 306.331 acre tract
described below as "Tract 1" and the 39.250 acre tract described
below as "Tract 2":
A DESCRIPTION OF 345.581 ACRES IN THE SANTIAGO DEL VALLE GRANT IN
TRAVIS COUNTY, TEXAS, BEING ALL OF A 73.453 ACRE TRACT DESCRIBED IN
A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., DATED NOVEMBER
28, 2006 AND RECORDED IN DOCUMENT NO. 2006229773 OF THE OFFICIAL
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A 31.022 ACRE TRACT
DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC.,
DATED DECEMBER 16, 2006 AND RECORDED IN DOCUMENT NO. 2006245700 OF
THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A 29.293
ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION
INC., DATED NOVEMBER 21, 2006 AND RECORDED IN DOCUMENT NO.
2006225633 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
ALL OF A 28.461 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO
JONA ACQUISITION INC., DATED SEPTEMBER 15, 2006 AND RECORDED IN
DOCUMENT NO. 2006182621 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
COUNTY, TEXAS, A PORTION OF A 55.222 ACRE TRACT DESCRIBED IN A
SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED APRIL 2, 2006
AND RECORDED IN DOCUMENT NO. 2007060712 OF THE OFFICIAL PUBLIC
RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 60.921 ACRE TRACT
DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC.,
DATED DECEMBER 12, 2006 AND RECORDED IN DOCUMENT NO. 2006239174 OF
THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
51.942 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA
ACQUISITION INC., DATED DECEMBER 1, 2006 AND RECORDED IN DOCUMENT
NO. 2006233636 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
TEXAS, A PORTION OF A 25.119 ACRE TRACT DESCRIBED IN A SPECIAL
WARRANTY DEED TO JONA ACQUISITION INC., DATED APRIL 2, 2006 AND
RECORDED IN DOCUMENT NO. 2007060707 OF THE OFFICIAL PUBLIC RECORDS
OF TRAVIS COUNTY, TEXAS, A PORTION OF A 7.602 ACRE TRACT DESCRIBED
IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED APRIL 2,
2006 AND RECORDED IN DOCUMENT NO. 2007060704 OF THE OFFICIAL PUBLIC
RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 23.694 ACRE TRACT
DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC.,
DATED APRIL 2, 2006 AND RECORDED IN DOCUMENT NO. 2007060710 OF THE
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A 1.000 ACRE
TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION
INC., DATED JANUARY 8, 2007 AND RECORDED IN DOCUMENT NO. 2007005138
OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF
LOT A, HARRY REININGER SUBDIVISION, A SUBDIVISION OF RECORD IN
VOLUME 65, PAGE 47 OF THE PLAT RECORDS OF TRAVIS COUNTY TEXAS,
CONVEYED TO JOHN HALDENSTEIN & RUTH HALDENSTEIN IN WARRANTY DEED
WITH VENDOR'S LIEN DATED SEPTEMBER 29, 2000 AND RECORDED IN
DOCUMENT NO. 2000161977 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
COUNTY TEXAS, A PORTION OF A 42.558 ACRE TRACT DESCRIBED IN A
GENERAL WARRANTY DEED TO JONA ACQUISITION INC., DATED MAY 16, 2008
AND RECORDED IN DOCUMENT NO. 2008083861 OF THE OFFICIAL PUBLIC
RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 20.005 ACRE TRACT
DESCRIBED IN A WARRANTY DEED WITH VENDOR'S LIEN TO JOHN T.
HALDENSTEIN AND JOSHUA N. HALDENSTEIN, DATED DECEMBER 14, 2000 AND
RECORDED IN DOCUMENT NO. 2000203669 OF THE OFFICIAL PUBLIC RECORDS
OF TRAVIS COUNTY, TEXAS, A PORTION OF A 98.656 ACRE TRACT DESCRIBED
IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., DATED OCTOBER
19, 2006 AND RECORDED IN DOCUMENT NO. 2006204344 OF THE OFFICIAL
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A 9.662 ACRE TRACT
DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC.,
DATED DECEMBER 14, 2007 AND RECORDED IN DOCUMENT NO. 2007224638 OF
THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
232.233 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY WITH VENDOR'S
LIEN TO JONA ACQUISITION INC., DATED JANUARY 8, 2009 AND RECORDED IN
DOCUMENT NO. 2009003190 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
COUNTY, TEXAS, AND PORTIONS OF SASSMAN ROAD (70' RIGHT-OF-WAY);
SAID 345.581 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
TRACT 1, 306.331 ACRES:
BEGINNING at a calculated point in the east right-of-way line of
Thaxton Road (50' right-of-way) for the northwest corner of said
73.453 acre tract, same being the west corner of a 2.76 acre tract
described in a deed to Carl H. Dittmar, recorded in Volume 12562,
Page 428 of the Real Property Records of Travis County, Texas, from
which a 1/2" rebar found bears North 61°56'44" West, a distance of
0.44 feet;
THENCE with the north line of said 73.453 acre tract, same being the
south line of said 2.76 acre tract, the following two (2) courses
and distances:
1. South 61°56'44" East, a distance of 404.65 feet to a
1/2" rebar found;
2. North 27°52'53" East, a distance of 294.18 feet to a
1/2" rebar found for a north corner of said 73.453 acre tract,
same being the east corner of said 2.76 acre tract, also being
in the southwest line of a tract called 21 acres in a deed to
Max F. Ehrlich, recorded in Volume 1945, Page 416 of the Deed
Records of Travis County, Texas;
THENCE South 60°59'42" East, with the northeast line of said 73.453
acre tract, same being the southwest line of said 21 acre tract, a
distance of 2857.05 feet to a 60D nail found for the northeast
corner of said 73.453 acre tract, same being the south corner of
said 21 acre tract, also being in the northwest line of said 29.293
acre tract;
THENCE North 27°46'44" East, with the northwest line of said 29.293
acre tract, same being the southeast line of said 21 acre tract, a
distance of 1083.71 feet to a 1/2" rebar with Chaparral cap found in
the south right-of-way line of Sassman Road;
THENCE North 28°38'04" East, crossing Sassman Road, a distance of
70.04 feet to a calculated point for the north right-of-way line of
Sassman Road, same being the southwest line of a 2.00 acre tract
described in a deed to Anselmo Medina and spouse, Oralia Medina,
recorded in Document No. 2002227115 of the Official Public Records
of Travis County, Texas;
THENCE South 61°39'26" East, with the north right-of-way line of
Sassman Road, same being the southwest line of said 2.00 acre tract,
the southwest line of a 1.00 acre tract described in a deed to
Gerald D. Shoulders and Rosemary Shoulders, recorded in Volume
12233, Page 1678 of the Real Property Records of Travis County,
Texas, the southwest line of a 1.00 acre tract described in a deed
to Amir Batoeinngi, recorded in Document No. 2008060410 of the
Official Public Records of Travis County, Texas, and the southwest
line of a 1.00 acre tract described in a deed to Abacu Perez and
Felicitas Perez, recorded in Document No. 2006189910 of the
Official Public Records of Travis County, Texas, a distance of
547.23 feet to a calculated point;
THENCE South 63°50'26" East, continuing with the north right-of-way
line of Sassman Road, same being the southwest line of said 1.00
acre Perez tract, a distance of 14.13 feet to a 1/2" rebar found for
the south corner of said 1.00 acre Perez tract, same being the west
corner of said Lot A;
THENCE North 26°09'41" East, with the northwest line of said Lot A,
same being the southeast line of said 1.00 acre Perez tract, a
distance of 362.16 feet to a calculated point for the east corner of
said 1.00 acre Perez tract, same being the south corner of said
20.005 acre tract;
THENCE North 61°26'42" West, with the southwest line of said 20.005
acre tract, same being the northeast line of said 1.00 acre Perez
tract, a distance of 113.09 feet to a 1/2" rebar found for an angle
point in the southwest line of said 20.005 acre tract, same being
the north corner of said 1.00 acre Perez tract, also being in the
southeast line of a 1.25 acre tract described in said deed to Amir
Batoeinngi;
THENCE North 28°21'23" East, continuing with the southwest line of
said 20.005 acre tract, same being the southeast line of said 1.25
acre tract, a distance of 106.07 feet to a 1/2" rebar found for the
east corner of said 1.25 acre tract;
THENCE North 61°29'11" West, continuing with the southwest line of
said 20.005 acre tract, same being the northeast line of said 1.25
acre tract, and a 1.25 acre tract described in said deed to Gerald
Shoulders, a distance of 417.23 feet to a 1" iron pipe found for the
west corner of said 20.005 acre tract, same being the north corner
of said 1.25 acre Shoulders tract, also being in the southeast line
of a 20.022 acre tract described in a deed to Janie Diaz, recorded
in Document No. 2006101103, said 20.022 acre tract being further
described in Document No. 2001200503, both of the Official Public
Records of Travis County, Texas;
THENCE North 27°07'27" East, with the northwest line of said 20.005
acre tract, same being the southeast line of said 20.022 acre tract,
a distance of 162.08 feet to a calculated point;
THENCE crossing said 20.005 acre tract, said Lot A, said 42.558 acre
tract, Sassman Road, said 23.694 acre tract, said 7.602 acre tract,
said 25.119 acre tract, said 55.222 acre tract, said 51.942 acre
tract, said 60.921 acre tract, and said 98.656 acre tract, the
following eleven (11) courses and distances:
1. South 61°48'21" East, a distance of 672.64 feet to a
calculated point;
2. South 28°11'39" West, a distance of 1597.96 feet to a
calculated point;
3. With a curve to the left, having a radius of 580.00
feet, a delta angle of 69°45'07", an arc length of 706.10
feet, and a chord which bears South 06°40'54" East, a distance
of 663.29 feet to a calculated point;
4. South 41°33'28" East, a distance of 274.95 feet to a
calculated point;
5. With a curve to the right, having a radius of 500.00
feet, a delta angle of 96°25'47", an arc length of 841.51
feet, and a chord which bears South 06°39'26" West, a distance
of 745.65 feet to a calculated point;
6. South 54°52'19" West, a distance of 25.40 feet to a
calculated point;
7. South 35°07'41" East, a distance of 344.76 feet to a
calculated point;
8. With a curve to the right, having a radius of 1000.01
feet, a delta angle of 40°36'48", an arc length of 708.84
feet, and a chord which bears South 14°49'17" East, a distance
of 694.09 feet to a calculated point;
9. South 05°29'07" West, a distance of 423.15 feet to a
calculated point;
10. With a curve to the left, having a radius of 1800.01
feet, a delta angle of 68°24'29", an arc length of 2149.12
feet, and a chord which bears South 28°43'07" East, a distance
of 2023.72 feet to a calculated point;
11. South 62°55'22" East, a distance of 149.13 feet to a
calculated point in the west right-of-way line of F. M. 1625
(80' right-of-way), same being the southeast line of said
98.656 acre tract;
THENCE South 27°04'38" West, with the west right-of-way line of F.
M. 1625, same being the southeast line of said 98.656 acre tract, a
distance of 699.69 feet to a calculated point for the south corner
of said 98.656 acre tract, same being the east corner of a 10.067
acre tract described in a deed to Carlos Yescas and Elvira Yescas,
recorded in Document No. 2003084397 of the Official Public Records
of Travis County, Texas;
THENCE North 62°25'04" West, with the southwest line of said 98.656
acre tract, same being the northeast line of said 10.067 acre tract,
and the northeast line of Lot 6, Las Lomitas Subdivision, a
subdivision of record in Document No. 200200226 of the Official
Public Records of Travis County, Texas, at a distance of 0.11 feet
passing a 1/2" rebar found, and continuing for a total distance of
1097.97 feet to a 1/2" rebar found in the northeast line of said Lot
6, for the southwest corner of said 98.656 acre tract, same being
the southeast corner of said 60.921 acre tract;
THENCE North 62°26'10" West, with the southwest line of said 60.921
acre tract, same being the northeast line of said Lot 6 and Lot 15
Las Lomitas Subdivision, a distance of 1283.28 feet to a 1/2" rebar
with Chaparral cap found for the southwest corner of said 60.921
acre tract, same being the south corner of a 58 acre tract described
in a deed to Fred J. Wende, recorded in Volume 11849, Page 396 of the
Real Property Records of Travis County, Texas;
THENCE North 27°00'49" East, with the northwest line of said 60.921
acre tract, same being the southeast line of said 58 acre tract, a
distance of 1221.01 feet to an 80D nail found for the east corner of
said 58 acre tract, same being the south corner of said 55.222 acre
tract;
THENCE North 60°57'25" West, with the southwest line of said 55.222
acre tract, same being the northeast line of said 58 acre tract, a
distance of 1295.20 feet to a 60D nail found for the southwest
corner of said 55.222 acre tract, same being the southeast corner of
said 28.461 acre tract;
THENCE North 61°18'16" West, with the southwest line of said 28.461
acre tract, same being the northeast line of said 58 acre tract, a
distance of 329.98 feet to a 1" iron pipe found for the southwest
corner of said 28.461 acre tract, same being the southeast corner of
said 29.293 acre tract;
THENCE North 61°30'47" West, with the southwest line of said 29.293
acre tract, same being the northeast line of said 58 acre tract, a
distance of 331.97 feet to a 1/2" rebar found for the southwest
corner of said 29.293 acre tract, same being the north corner of
said 58 acre tract, also being in the southeast line of a 77.22 acre
tract described in a deed to William D. Wende, Fred J. Wende and
Price T. Wende, recorded in Volume 12171, Page 455 of the Real
Property Records of Travis County, Texas;
THENCE North 27°46'44" East, with the northwest line of said 29.293
acre tract, same being the southeast line of said 77.22 acre tract,
the southeast line of a 32.892 acre tract described in a deed to
Mark Alexander, recorded in Volume 11513, Page 1451 of the Real
Property Records of Travis County, Texas, and the southeast line of
a remaining portion of 29.94 acres described in a deed to Santana C.
Urias, Jr., recorded in Volume 6132, Page 1217 of the Deed Records
of Travis County, Texas, a distance of 1047.38 feet to a 1/2" rebar
with Chaparral cap found for the northeast corner of said remaining
portion of 29.94 acres, same being the southeast corner of said
31.022 acre tract;
THENCE North 61°12'34" West, with the southwest line of said 31.022
acre tract, same being the northeast line of said remaining portion
of 29.94 acres, and the northeast line of a 2.500 acre tract
described in a deed to Cloe Bell Urias, recorded in Volume 9678,
Page 891 of the Real Property Records of Travis County, Texas, at a
distance of 3268.31 feet passing a 1/2" rebar found, and continuing
for a total distance of 3268.82 feet to a calculated point in the
east right-of-way line of Thaxton Road, for the west corner of said
31.022 acre tract, same being the north corner of said 2.500 acre
tract;
THENCE North 28°02'32" East, with the east right-of-way line of
Thaxton Road, with the northwest line of said 31.022 acre tract, a
distance of 417.56 feet to a 1/2" rebar found for the north corner
of said 31.022 acre tract, same being the west corner of a remaining
portion of a 3.22 acre tract described in a deed to Carlin Ann
Wilson, recorded in Volume 12562, Page 419 of the Real Property
Records of Travis County, Texas, also being the west corner of an
access easement described in Volume 12562, Page 407 of the Real
Property Records of Travis County, Texas;
THENCE with the northeast line of said 31.022 acre tract, the
following two (2) courses and distances:
1. South 61°16'30" East, with southwest line of said
remaining portion of 3.22 acres, a distance of 406.03 feet to
a 1/2" rebar with Chaparral cap found for the south corner of
said remaining portion of 3.22 acres, same being the west
corner of an 18.38 acre tract described in a deed to Consumer
Solutions, LLC, recorded in Document No. 2010038770 of the
Official Public Records of Travis County, Texas;
2. South 61°00'23" East, with the southwest line of said
18.38 acre tract, a distance of 1136.77 feet to a 1/2" rebar
with cap found for the south corner of said 18.38 acre tract,
same being the southwest corner of said 73.453 acre tract;
THENCE with the northwest line of said 73.453 acre tract, the
following three (3) courses and distances:
1. North 27°53'08" East, with the southeast line of said
18.38 acre tract, a distance of 713.60 feet to a 1/2" rebar
with cap found for the east corner of said 18.38 acre tract;
2. North 61°59'49" West, with the northeast line of said
18.38 acre tract, and the northeast line of a 3.20 acre tract
described in a deed to James J. Williams, recorded in Volume
13116, Page 732 of the Real Property Records of Travis
County, Texas, a distance of 1540.66 feet to a 1/2" rebar with
Chaparral cap found in the east right-of-way line of Thaxton
Road, for the north corner of said 3.20 acre tract;
3. North 28°02'32" East, with the east right-of-way
line of Thaxton Road, a distance of 360.56 feet to the POINT
OF BEGINNING, containing 306.331 acres of land, more or less.
TRACT 2, 39.250 ACRES:
BEGINNING at a 1/2" rebar with Chaparral cap found in the north
right-of-way line of Sassman Road, for the southwest corner of said
232.233 acre tract, same being the southeast corner of a 174.4 acre
tract described in a deed to Edward J. Gillen and wife, Mildred
Gillen, recorded in Volume 1549, Page 268 of the Deed Records of
Travis County, Texas;
THENCE North 27°21'05" East, with the west line of said 232.233 acre
tract, same being the east line of said 174.4 acre tract, a distance
of 1257.11 feet to a calculated point;
THENCE crossing said 232.233 acre tract, the following two (2)
courses and distances:
1. South 36°26'06" East, a distance of 1284.36 feet to a
calculated point;
2. With a curve to the left, having a radius of 1490.63
feet, a delta angle of 26°48'48", an arc length of 697.59
feet, and a chord which bears South 52°29'28" East, a distance
of 691.24 feet to a calculated point in the east line of said
232.233 acre tract, same being the west line of said 20.022
acre tract;
THENCE South 26°53'42" West, with the west line of said 20.022 acre
tract, same being the east line of said 232.233 acre tract and the
east line of said 9.662 acre tract, a distance of 621.23 feet to a
1/2" rebar with 5418 cap found in the north right-of-way line of
Sassman Road, for the southeast corner of said 9.662 acre tract,
same being the southwest corner of said 20.022 acre tract;
THENCE South 29°00'48" West, crossing Sassman Road, a distance of
70.00 feet to a calculated point in the south right-of-way line of
Sassman Road, same being the north line of said 21 acre tract;
THENCE North 60°59'12" West, with the south right-of-way line of
Sassman Road, same being the north line of said 21 acre tract, a
distance of 1838.40 feet to a calculated point;
THENCE North 29°00'48" East, crossing Sassman Road, a distance of
70.00 feet to the POINT OF BEGINNING, containing 39.250 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, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
* * * * *