1 | 1 | | By: Watson, Zaffirini S.B. No. 1914 |
---|
2 | 2 | | (Rodriguez) |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | relating to the creation of the Southeast Travis County Municipal |
---|
7 | 7 | | Utility District No. 2; providing authority to impose a tax and |
---|
8 | 8 | | issue bonds. |
---|
9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
10 | 10 | | SECTION 1. Subtitle F, Title 6, Special District Local Laws |
---|
11 | 11 | | Code, is amended by adding Chapter 8383 to read as follows: |
---|
12 | 12 | | CHAPTER 8383. SOUTHEAST TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT |
---|
13 | 13 | | NO. 2 |
---|
14 | 14 | | SUBCHAPTER A. GENERAL PROVISIONS |
---|
15 | 15 | | Sec. 8383.001. DEFINITIONS. In this chapter: |
---|
16 | 16 | | (1) "Board" means the district's board of directors. |
---|
17 | 17 | | (2) "Commission" means the Texas Commission on |
---|
18 | 18 | | Environmental Quality. |
---|
19 | 19 | | (3) "Director" means a board member. |
---|
20 | 20 | | (4) "District" means the Southeast Travis County |
---|
21 | 21 | | Municipal Utility District No. 2. |
---|
22 | 22 | | (5) "Municipality" means a municipality in whose |
---|
23 | 23 | | corporate limits or extraterritorial jurisdiction the district is |
---|
24 | 24 | | located. |
---|
25 | 25 | | Sec. 8383.002. NATURE OF DISTRICT. The district is a |
---|
26 | 26 | | municipal utility district created under Section 59, Article XVI, |
---|
27 | 27 | | Texas Constitution. |
---|
28 | 28 | | Sec. 8383.003. CONFIRMATION AND DIRECTORS' ELECTION |
---|
29 | 29 | | REQUIRED. The temporary directors shall hold an election to |
---|
30 | 30 | | confirm the creation of the district and to elect permanent |
---|
31 | 31 | | directors as provided by Section 8383.051 of this code and Section |
---|
32 | 32 | | 49.102, Water Code. |
---|
33 | 33 | | Sec. 8383.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
---|
34 | 34 | | temporary directors may not hold an election under Section 8383.003 |
---|
35 | 35 | | until each municipality has consented by ordinance or resolution to |
---|
36 | 36 | | the creation of the district and to the inclusion of land in the |
---|
37 | 37 | | district. |
---|
38 | 38 | | (b) If a municipality does not consent to the creation of |
---|
39 | 39 | | the district or if the district does not enter into an agreement |
---|
40 | 40 | | required by the terms of the municipal ordinance or resolution |
---|
41 | 41 | | consenting to the creation of the district under this section |
---|
42 | 42 | | before September 1, 2012: |
---|
43 | 43 | | (1) the district is dissolved September 1, 2012, |
---|
44 | 44 | | except that: |
---|
45 | 45 | | (A) any debts incurred shall be paid; |
---|
46 | 46 | | (B) any assets that remain after the payment of |
---|
47 | 47 | | debts shall be transferred to the municipality or another local |
---|
48 | 48 | | governmental entity to be used for a public purpose; and |
---|
49 | 49 | | (C) the organization of the district shall be |
---|
50 | 50 | | maintained until all debts are paid and remaining assets are |
---|
51 | 51 | | transferred; and |
---|
52 | 52 | | (2) this chapter expires September 1, 2012. |
---|
53 | 53 | | Sec. 8383.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
---|
54 | 54 | | (a) The district is created to serve a public purpose and benefit. |
---|
55 | 55 | | (b) The district is created to accomplish the purposes of: |
---|
56 | 56 | | (1) a municipal utility district as provided by |
---|
57 | 57 | | general law and Section 59, Article XVI, Texas Constitution; and |
---|
58 | 58 | | (2) Section 52, Article III, Texas Constitution, that |
---|
59 | 59 | | relate to the construction, acquisition, or improvement of |
---|
60 | 60 | | macadamized, graveled, or paved roads described by Section 54.234, |
---|
61 | 61 | | Water Code, or improvements, including storm drainage, in aid of |
---|
62 | 62 | | those roads. |
---|
63 | 63 | | Sec. 8383.006. INITIAL DISTRICT TERRITORY. (a) The |
---|
64 | 64 | | district is initially composed of the territory described by |
---|
65 | 65 | | Section 2 of the Act enacting this chapter. |
---|
66 | 66 | | (b) The boundaries and field notes contained in Section 2 of |
---|
67 | 67 | | the Act enacting this chapter form a closure. A mistake made in the |
---|
68 | 68 | | field notes or in copying the field notes in the legislative process |
---|
69 | 69 | | does not affect the district's: |
---|
70 | 70 | | (1) organization, existence, or validity; |
---|
71 | 71 | | (2) right to issue any type of bond for the purposes |
---|
72 | 72 | | for which the district is created or to pay the principal of and |
---|
73 | 73 | | interest on a bond; |
---|
74 | 74 | | (3) right to impose a tax; or |
---|
75 | 75 | | (4) legality or operation. |
---|
76 | 76 | | [Sections 8383.007-8383.050 reserved for expansion] |
---|
77 | 77 | | SUBCHAPTER B. BOARD OF DIRECTORS |
---|
78 | 78 | | Sec. 8383.051. GOVERNING BODY; TERMS. (a) Except as |
---|
79 | 79 | | provided by Subsection (b), the district is governed by a board of |
---|
80 | 80 | | five elected directors. |
---|
81 | 81 | | (b) If required under the terms of the agreement, ordinance, |
---|
82 | 82 | | or resolution by which a municipality consents to the creation of |
---|
83 | 83 | | the district, the board consists of: |
---|
84 | 84 | | (1) four elected directors; and |
---|
85 | 85 | | (2) one director appointed by the governing body of |
---|
86 | 86 | | the municipality. |
---|
87 | 87 | | (c) A director appointed under Subsection (b)(2) is not |
---|
88 | 88 | | required to be a qualified voter of the district or to own land |
---|
89 | 89 | | subject to taxation in the district. |
---|
90 | 90 | | (d) Except as provided by Section 8383.052, directors serve |
---|
91 | 91 | | staggered four-year terms. A permanent director may not serve more |
---|
92 | 92 | | than two four-year terms. |
---|
93 | 93 | | (e) The common law doctrine of incompatibility does not |
---|
94 | 94 | | disqualify an official or employee of a municipality from being |
---|
95 | 95 | | appointed a director by the governing body of a municipality under |
---|
96 | 96 | | Subsection (b)(2), and a director appointed to the board may |
---|
97 | 97 | | continue to serve in a public office of or be employed by the |
---|
98 | 98 | | municipality. |
---|
99 | 99 | | Sec. 8383.052. TEMPORARY DIRECTORS. (a) On or after the |
---|
100 | 100 | | effective date of the Act enacting this chapter, the owner or owners |
---|
101 | 101 | | of a majority of the assessed value of the real property in the |
---|
102 | 102 | | district may submit a petition to the commission requesting that |
---|
103 | 103 | | the commission appoint as temporary directors the five persons |
---|
104 | 104 | | named in the petition. The commission shall appoint as temporary |
---|
105 | 105 | | directors the five persons named in the petition. |
---|
106 | 106 | | (b) Temporary directors serve until the earlier of: |
---|
107 | 107 | | (1) the date permanent directors are elected under |
---|
108 | 108 | | Section 8383.003; or |
---|
109 | 109 | | (2) the fourth anniversary of the effective date of |
---|
110 | 110 | | the Act enacting this chapter. |
---|
111 | 111 | | (c) If permanent directors have not been elected under |
---|
112 | 112 | | Section 8383.003 and the terms of the temporary directors have |
---|
113 | 113 | | expired, successor temporary directors shall be appointed or |
---|
114 | 114 | | reappointed as provided by Subsection (d) to serve terms that |
---|
115 | 115 | | expire on the earlier of: |
---|
116 | 116 | | (1) the date permanent directors are elected under |
---|
117 | 117 | | Section 8383.003; or |
---|
118 | 118 | | (2) the fourth anniversary of the date of the |
---|
119 | 119 | | appointment or reappointment. |
---|
120 | 120 | | (d) If Subsection (c) applies, the owner or owners of a |
---|
121 | 121 | | majority of the assessed value of the real property in the district |
---|
122 | 122 | | may submit a petition to the commission requesting that the |
---|
123 | 123 | | commission appoint as successor temporary directors the five |
---|
124 | 124 | | persons named in the petition. The commission shall appoint as |
---|
125 | 125 | | successor temporary directors the five persons named in the |
---|
126 | 126 | | petition. |
---|
127 | 127 | | [Sections 8383.053-8383.100 reserved for expansion] |
---|
128 | 128 | | SUBCHAPTER C. POWERS AND DUTIES |
---|
129 | 129 | | Sec. 8383.101. GENERAL POWERS AND DUTIES. The district has |
---|
130 | 130 | | the powers and duties necessary to accomplish the purposes for |
---|
131 | 131 | | which the district is created. |
---|
132 | 132 | | Sec. 8383.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
---|
133 | 133 | | DUTIES. The district has the powers and duties provided by the |
---|
134 | 134 | | general law of this state, including Chapters 49 and 54, Water Code, |
---|
135 | 135 | | applicable to municipal utility districts created under Section 59, |
---|
136 | 136 | | Article XVI, Texas Constitution. |
---|
137 | 137 | | Sec. 8383.103. AUTHORITY FOR ROAD PROJECTS. (a) Under |
---|
138 | 138 | | Section 52, Article III, Texas Constitution, the district may |
---|
139 | 139 | | design, acquire, construct, finance, issue bonds for, improve, and |
---|
140 | 140 | | convey to this state, a county, or a municipality for operation and |
---|
141 | 141 | | maintenance macadamized, graveled, or paved roads described by |
---|
142 | 142 | | Section 54.234, Water Code, or improvements, including storm |
---|
143 | 143 | | drainage, in aid of those roads. |
---|
144 | 144 | | (b) The district may exercise the powers provided by this |
---|
145 | 145 | | section without submitting a petition to or obtaining approval from |
---|
146 | 146 | | the commission as required by Section 54.234, Water Code. |
---|
147 | 147 | | Sec. 8383.104. APPROVAL OF ROAD PROJECT. (a) The district |
---|
148 | 148 | | may not undertake a road project authorized by Section 8383.103 |
---|
149 | 149 | | unless: |
---|
150 | 150 | | (1) each municipality or county that will operate and |
---|
151 | 151 | | maintain the road has approved the plans and specifications of the |
---|
152 | 152 | | road project, if a municipality or county will operate and maintain |
---|
153 | 153 | | the road; or |
---|
154 | 154 | | (2) the Texas Transportation Commission has approved |
---|
155 | 155 | | the plans and specifications of the road project, if the state will |
---|
156 | 156 | | operate and maintain the road. |
---|
157 | 157 | | (b) Except as provided by Subsection (a), the district is |
---|
158 | 158 | | not required to obtain approval from the Texas Transportation |
---|
159 | 159 | | Commission to design, acquire, construct, finance, issue bonds for, |
---|
160 | 160 | | improve, or convey a road project. |
---|
161 | 161 | | Sec. 8383.105. COMPLIANCE WITH AND ENFORCEABILITY OF |
---|
162 | 162 | | MUNICIPAL CONSENT AGREEMENT, ORDINANCE, OR RESOLUTION. (a) The |
---|
163 | 163 | | district shall comply with all applicable requirements of any |
---|
164 | 164 | | ordinance or resolution that is adopted under Section 54.016 or |
---|
165 | 165 | | 54.0165, Water Code, and that consents to the creation of the |
---|
166 | 166 | | district or to the inclusion of land in the district. |
---|
167 | 167 | | (b) Any agreement between the district and a municipality |
---|
168 | 168 | | related to the municipality's consent to the creation of the |
---|
169 | 169 | | district is valid and enforceable. |
---|
170 | 170 | | (c) On the issuance of bonds by the district, the district |
---|
171 | 171 | | is considered to have waived sovereign immunity to suit by a |
---|
172 | 172 | | municipality for the purpose of adjudicating a claim for breach of |
---|
173 | 173 | | an agreement described by this section. |
---|
174 | 174 | | Sec. 8383.106. CONTRACT TO FURTHER REGIONAL COOPERATION. |
---|
175 | 175 | | The district and a municipality may contract on terms that the board |
---|
176 | 176 | | and governing body of the municipality agree will further regional |
---|
177 | 177 | | cooperation between the district and the municipality. |
---|
178 | 178 | | Sec. 8383.107. NO EMINENT DOMAIN POWER. The district may |
---|
179 | 179 | | not exercise the power of eminent domain. |
---|
180 | 180 | | [Sections 8383.108-8383.150 reserved for expansion] |
---|
181 | 181 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
---|
182 | 182 | | Sec. 8383.151. ELECTIONS REGARDING TAXES OR BONDS. |
---|
183 | 183 | | (a) The district may issue, without an election, bonds and other |
---|
184 | 184 | | obligations secured by: |
---|
185 | 185 | | (1) revenue other than ad valorem taxes; or |
---|
186 | 186 | | (2) contract payments described by Section 8383.153. |
---|
187 | 187 | | (b) The district must hold an election in the manner |
---|
188 | 188 | | provided by Chapters 49 and 54, Water Code, to obtain voter approval |
---|
189 | 189 | | before the district may impose an ad valorem tax or issue bonds |
---|
190 | 190 | | payable from ad valorem taxes. |
---|
191 | 191 | | (c) The district may not issue bonds payable from ad valorem |
---|
192 | 192 | | taxes to finance a road project unless the issuance is approved by a |
---|
193 | 193 | | vote of a two-thirds majority of the district voters voting at an |
---|
194 | 194 | | election held for that purpose. |
---|
195 | 195 | | Sec. 8383.152. OPERATION AND MAINTENANCE TAX. (a) If |
---|
196 | 196 | | authorized at an election held under Section 8383.151, the district |
---|
197 | 197 | | may impose an operation and maintenance tax on taxable property in |
---|
198 | 198 | | the district in accordance with Section 49.107, Water Code. |
---|
199 | 199 | | (b) The board shall determine the tax rate. The rate may not |
---|
200 | 200 | | exceed the rate approved at the election. |
---|
201 | 201 | | (c) If required by an agreement between the district and a |
---|
202 | 202 | | municipality under Section 8383.105, the total ad valorem tax rate |
---|
203 | 203 | | of the district may not be less than the total ad valorem tax rate of |
---|
204 | 204 | | the municipality. |
---|
205 | 205 | | Sec. 8383.153. CONTRACT TAXES. (a) In accordance with |
---|
206 | 206 | | Section 49.108, Water Code, the district may impose a tax other than |
---|
207 | 207 | | an operation and maintenance tax and use the revenue derived from |
---|
208 | 208 | | the tax to make payments under a contract after the provisions of |
---|
209 | 209 | | the contract have been approved by a majority of the district voters |
---|
210 | 210 | | voting at an election held for that purpose. |
---|
211 | 211 | | (b) A contract approved by the district voters may contain a |
---|
212 | 212 | | provision stating that the contract may be modified or amended by |
---|
213 | 213 | | the board without further voter approval. |
---|
214 | 214 | | [Sections 8383.154-8383.200 reserved for expansion] |
---|
215 | 215 | | SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
---|
216 | 216 | | Sec. 8383.201. AUTHORITY TO ISSUE BONDS AND OTHER |
---|
217 | 217 | | OBLIGATIONS. The district may issue bonds or other obligations |
---|
218 | 218 | | payable wholly or partly from ad valorem taxes, impact fees, |
---|
219 | 219 | | revenue, contract payments, grants, or other district money, or any |
---|
220 | 220 | | combination of those sources, to pay for any authorized district |
---|
221 | 221 | | purpose. |
---|
222 | 222 | | Sec. 8383.202. TAXES FOR BONDS. At the time the district |
---|
223 | 223 | | issues bonds payable wholly or partly from ad valorem taxes, the |
---|
224 | 224 | | board shall provide for the annual imposition of a continuing |
---|
225 | 225 | | direct ad valorem tax, without limit as to rate or amount, while all |
---|
226 | 226 | | or part of the bonds are outstanding as required and in the manner |
---|
227 | 227 | | provided by Sections 54.601 and 54.602, Water Code. |
---|
228 | 228 | | Sec. 8383.203. BONDS FOR ROAD PROJECTS. At the time of |
---|
229 | 229 | | issuance, the total principal amount of bonds or other obligations |
---|
230 | 230 | | issued or incurred to finance road projects and payable from ad |
---|
231 | 231 | | valorem taxes may not exceed one-fourth of the assessed value of the |
---|
232 | 232 | | real property in the district. |
---|
233 | 233 | | [Sections 8383.204-8383.250 reserved for expansion] |
---|
234 | 234 | | SUBCHAPTER F. STRATEGIC PARTNERSHIP AGREEMENT; MUNICIPAL |
---|
235 | 235 | | ANNEXATION AND NOTICE |
---|
236 | 236 | | Sec. 8383.251. STRATEGIC PARTNERSHIP; CONTINUATION OF |
---|
237 | 237 | | DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may |
---|
238 | 238 | | continue to exist as a limited district after full-purpose |
---|
239 | 239 | | annexation by a municipality if the district and the annexing |
---|
240 | 240 | | municipality state the terms of the limited district's existence in |
---|
241 | 241 | | a strategic partnership agreement under Section 43.0751, Local |
---|
242 | 242 | | Government Code. |
---|
243 | 243 | | (b) The strategic partnership agreement may provide for a |
---|
244 | 244 | | term of any number of years. The limitation in Section |
---|
245 | 245 | | 43.0751(g)(2), Local Government Code, on the length of the term |
---|
246 | 246 | | does not apply to a limited district created under this section. |
---|
247 | 247 | | Sec. 8383.252. MUNICIPAL ANNEXATION; NOTICE. |
---|
248 | 248 | | (a) Sections 43.0561 and 43.0562, Local Government Code, do not |
---|
249 | 249 | | apply to the annexation of the district by a municipality that |
---|
250 | 250 | | consents to the creation of the district under Section 8383.004. |
---|
251 | 251 | | (b) Not later than the 30th day after the date a |
---|
252 | 252 | | municipality adopts a resolution or ordinance consenting to the |
---|
253 | 253 | | creation of the district, the municipality shall file, in the real |
---|
254 | 254 | | property records of the county in which the land to be included in |
---|
255 | 255 | | the district is located, a notice to a purchaser of real property in |
---|
256 | 256 | | the district that describes: |
---|
257 | 257 | | (1) the municipality's authority and intention to |
---|
258 | 258 | | annex the district; and |
---|
259 | 259 | | (2) the anticipated date of the annexation. |
---|
260 | 260 | | (c) After the notice is filed, a person who proposes to sell |
---|
261 | 261 | | or otherwise convey real property in the district must include the |
---|
262 | 262 | | information contained in the municipality's notice in the Notice to |
---|
263 | 263 | | Purchasers required by Section 49.452, Water Code. |
---|
264 | 264 | | SECTION 2. The Southeast Travis County Municipal Utility |
---|
265 | 265 | | District No. 2 initially includes all the territory contained in |
---|
266 | 266 | | the following area: |
---|
267 | 267 | | BEING ALL OF THAT CERTAIN TRACT OF LAND OUT OF AND A PART OF |
---|
268 | 268 | | THE JOSE ANTONIO NAVARRO SURVEY, ABSTRACT NUMBER 18, SITUATED IN |
---|
269 | 269 | | TRAVIS COUNTY, TEXAS, BEING MORE FULLY DESCRIBED AS BEING A PORTION |
---|
270 | 270 | | OF THAT CERTAIN 290.812 ACRE TRACT OF LAND CONVEYED TO QUALICO CR, |
---|
271 | 271 | | LP IN DOCUMENT NUMBER 2007160468 AND ALSO BEING A PORTION OF THAT |
---|
272 | 272 | | CERTAIN 49.020 ACRE TRACT OF LAND CONVEYED TO CENTURY RANCH I, LP IN |
---|
273 | 273 | | DOCUMENT NUMBER 2010119927 AND ALSO BEING ALL OF THAT CERTAIN 4.022 |
---|
274 | 274 | | ACRE TRACT OF LAND CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER |
---|
275 | 275 | | 2007160468 AND ALSO BEING ALL OF THAT CERTAIN 95.733 ACRE TRACT OF |
---|
276 | 276 | | LAND CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER 2007154323 AND |
---|
277 | 277 | | ALSO BEING ALL OF THAT CERTAIN 73.515 ACRE TRACT OF LAND CONVEYED TO |
---|
278 | 278 | | QUALICO CR, LP IN DOCUMENT NUMBER 2008139824 AND ALSO BEING ALL OF |
---|
279 | 279 | | THAT CERTAIN 49.021 ACRE TRACT OF LAND CONVEYED TO QUALICO CR, LP IN |
---|
280 | 280 | | DOCUMENT NUMBER 2009141318 AND ALSO BEING A PORTION OF THAT CERTAIN |
---|
281 | 281 | | 49.021 ACRE TRACT OF LAND CONVEYED TO QUALICO CR, LP IN DOCUMENT |
---|
282 | 282 | | NUMBER 2010119926 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, |
---|
283 | 283 | | TEXAS, SAID TRACT BEING 475.159 ACRES OF LAND BEING MORE FULLY |
---|
284 | 284 | | DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
---|
285 | 285 | | BEGINNING, at a capped iron rod found at the southeast corner |
---|
286 | 286 | | of said 95.733 acre tract, also being the southwest of said 4.022 |
---|
287 | 287 | | acre tract also being a point on the northern right-of-way line of |
---|
288 | 288 | | Pearce Lane, a varying width public right-of-way, for the southerly |
---|
289 | 289 | | line and POINT OF BEGINNING of the herein described tract, |
---|
290 | 290 | | THENCE, with the northern right-of-way line of said Pearce |
---|
291 | 291 | | Lane and the southern boundary line of said 95.733 acre Qualico CR, |
---|
292 | 292 | | LP tract the following seven (7) courses and distances, numbered 1 |
---|
293 | 293 | | through 7, |
---|
294 | 294 | | 1. N64°40'44"W, a distance of 1194.42 feet to an iron rod |
---|
295 | 295 | | found, |
---|
296 | 296 | | 2. N85°36'44"W, a distance of 13.29 feet to an iron rod |
---|
297 | 297 | | found, |
---|
298 | 298 | | 3. N07°39'01"E, a distance of 5.00 feet to an iron rod found, |
---|
299 | 299 | | 4. N64°36'43"W, a distance of 245.18 feet to an iron rod |
---|
300 | 300 | | found at a point of curvature to the right, |
---|
301 | 301 | | 5. With said curve to the right having a radius of 9757.39 |
---|
302 | 302 | | feet, an arc length of 498.25 feet and whose chord bears, |
---|
303 | 303 | | N62°54'51"W, a distance of 498.19 feet to an iron rod found, |
---|
304 | 304 | | 6. N61°02'28"W, a distance of 1090.04 feet to a capped iron |
---|
305 | 305 | | rod found at a point of curvature to the right, |
---|
306 | 306 | | 7. With said curve to the right having a radius of 5314.70 |
---|
307 | 307 | | feet, an arc length of 79.60 feet and whose chord bears, |
---|
308 | 308 | | N60°39'14"W, a distance of 79.60 feet to a capped iron rod found at |
---|
309 | 309 | | the southeast boundary corner of a 2.92 acre tract of land conveyed |
---|
310 | 310 | | to Pablo T. Rodriguez and Ana M. Rodriguez recorded with ID Number |
---|
311 | 311 | | 297631 of the Official Public Records of Travis County, Texas for |
---|
312 | 312 | | the southeast corner of the herein described tract, |
---|
313 | 313 | | THENCE, leaving the northern right-of-way line of said Pearce |
---|
314 | 314 | | Lane and along the common boundary line of said 95.733 acre Qualico |
---|
315 | 315 | | CR, LP tract, said 73.515 acre tract and said 2.92 acre tract, |
---|
316 | 316 | | N22°16'28"E, a distance of 1672.61 feet to an iron rod found at the |
---|
317 | 317 | | southeast property corner of a 230.56 acre tract of land conveyed to |
---|
318 | 318 | | AE Johanson LTD., recorded with ID Number 297614 of the Official |
---|
319 | 319 | | Public Records of Travis County, Texas, |
---|
320 | 320 | | THENCE, with the common boundary line said 230.56 acre tract |
---|
321 | 321 | | and said 73.515 acre Qualico CR, LP tract the following two (2) |
---|
322 | 322 | | courses and distances, numbered 1 and 2, |
---|
323 | 323 | | 1. N27°20'48"E, a distance of 492.76 feet to an iron rod |
---|
324 | 324 | | found, |
---|
325 | 325 | | 2. N27°20'09"E, a distance of 493.30 feet to an pipe found at |
---|
326 | 326 | | the southwest property corner of a 4.288 acre tract of land conveyed |
---|
327 | 327 | | to Heliodoro Reyes and Aquilino Cruz recorded with ID Number 297656 |
---|
328 | 328 | | of the Official Public Records of Travis County, Texas, |
---|
329 | 329 | | THENCE, with the common boundary line of said 73.515 acre |
---|
330 | 330 | | Qualico CR, LP tract and said 4.288 acre tract and a 4.549 acre |
---|
331 | 331 | | tract of land conveyed to Raymundo Constancio recorded with ID |
---|
332 | 332 | | Number 297638 of the Official Public Records of Travis County, |
---|
333 | 333 | | Texas, S62°41'21"E, a distance of 1053.43 feet to an iron rod found |
---|
334 | 334 | | at the westerly boundary line of a 149.50 acre tract of land |
---|
335 | 335 | | conveyed to Danlandco, LTD., recorded in Volume 12849, Page 602 of |
---|
336 | 336 | | the Official Public Records of Travis County, Texas, |
---|
337 | 337 | | THENCE, with the common boundary line of said 73.515 acre |
---|
338 | 338 | | Qualico CR, LP tract and said 149.50 acre tract, S27°16'12"W, a |
---|
339 | 339 | | distance of 420.94 feet to a point at the westerly property corner |
---|
340 | 340 | | of said 49.021 acre Qualico CR, LP tract, recorded in Document No. |
---|
341 | 341 | | 2009141318 of the Official Public Records of Travis County, Texas, |
---|
342 | 342 | | THENCE, with the common boundary line of said 149.50 acre |
---|
343 | 343 | | tract and said 49.021 acre Qualico CR, LP tract and meanders with |
---|
344 | 344 | | the creek the following twenty (20) courses and distances, |
---|
345 | 345 | | numbered 1 through 20, |
---|
346 | 346 | | 1. S65°52'11"E, a distance of 146.51 feet to a point, |
---|
347 | 347 | | 2. S78°52'45"E, a distance of 183.75 feet to a point, |
---|
348 | 348 | | 3. S87°04'30"E, a distance of 94.84 feet to a point, |
---|
349 | 349 | | 4. N74°52'33"E, a distance of 228.09 feet to a point, |
---|
350 | 350 | | 5. S71°55'39"E, a distance of 35.48 feet to a point, |
---|
351 | 351 | | 6. N65°28'54"E, a distance of 109.08 feet to a point, |
---|
352 | 352 | | 7. S85°58'17"E, a distance of 118.84 feet to a point, |
---|
353 | 353 | | 8. N79°36'57"E, a distance of 55.58 feet to a point, |
---|
354 | 354 | | 9. S76°05'41"E, a distance of 184.39 feet to a point, |
---|
355 | 355 | | 10. N42°02'49"E, a distance of 91.77 feet to a point, |
---|
356 | 356 | | 11. N70°25'47"E, a distance of 76.81 feet to a point, |
---|
357 | 357 | | 12. N85°41'37"E, a distance of 87.02 feet to a point, |
---|
358 | 358 | | 13. S66°58'18"E, a distance of 134.03 feet to a point, |
---|
359 | 359 | | 14. N62°00'42"E, a distance of 35.56 feet to a point, |
---|
360 | 360 | | 15. N04°49'48"E, a distance of 83.72 feet to a point, |
---|
361 | 361 | | 16. N24°49'58"E, a distance of 69.43 feet to a point, |
---|
362 | 362 | | 17. N63°40'55"E, a distance of 65.81 feet to a point, |
---|
363 | 363 | | 18. N83°34'57"E, a distance of 59.77 feet to a point, |
---|
364 | 364 | | 19. S57°51'02"E, a distance of 89.45 feet to a point, |
---|
365 | 365 | | 20. S81°54'18"E, a distance of 212.36 feet to a point on the |
---|
366 | 366 | | easterly boundary line of said 149.50 acre tract and at the south |
---|
367 | 367 | | westerly property corner of said 49.021 acre Qualico CR, LP tract |
---|
368 | 368 | | recorded in Document No. 2010119926 same being the most northerly |
---|
369 | 369 | | property corner of said 49.021 acre Qualico CR, LP tract recorded in |
---|
370 | 370 | | Document No. 2008139824 all of the Official Public Records of |
---|
371 | 371 | | Travis County, Texas, |
---|
372 | 372 | | THENCE, with the common boundary line of said 49.021 acre |
---|
373 | 373 | | Qualico CR, LP tract recorded in Document No. 2010119926 of the |
---|
374 | 374 | | Official Public Records of Travis County, Texas and said 149.50 |
---|
375 | 375 | | acre tract, N89°48'04"E, a distance of 79.85 feet to a point on the |
---|
376 | 376 | | easterly boundary line of a 115.00 acre tract of land conveyed to |
---|
377 | 377 | | Danlandco, LTD., recorded in Volume 12839, Page 791 of the Official |
---|
378 | 378 | | Public Records of Travis County, Texas, |
---|
379 | 379 | | THENCE, with the common boundary line of said 149.50 acre |
---|
380 | 380 | | tract and said 49.020 acre Century Ranch I, LP tract and said 49.021 |
---|
381 | 381 | | acre Qualico CR, LP tract recorded in Document No. 2010119926 of the |
---|
382 | 382 | | Official Public Records of Travis County, Texas and meanders with |
---|
383 | 383 | | the creek the following twenty six (26) courses and distances, |
---|
384 | 384 | | numbered 1 through 26, |
---|
385 | 385 | | 1. N68°48'09"E, a distance of 70.70 feet to a point, |
---|
386 | 386 | | 2. N32°18'18"E, a distance of 58.65 feet to a point, |
---|
387 | 387 | | 3. S83°08'38"E, a distance of 68.94 feet to a point, |
---|
388 | 388 | | 4. N59°25'36"E, a distance of 100.62 feet to a point, |
---|
389 | 389 | | 5. N30°36'04"E, a distance of 128.12 feet to a point, |
---|
390 | 390 | | 6. N16°59'56"E, a distance of 108.76 feet to a point, |
---|
391 | 391 | | 7. N00°18'16"E, a distance of 73.73 feet to a point, |
---|
392 | 392 | | 8. N28°22'18"W, a distance of 98.35 feet to a point, |
---|
393 | 393 | | 9. N50°03'12"E, a distance of 134.33 feet to a point, |
---|
394 | 394 | | 10. N17°07'53"W, a distance of 104.77 feet to a point, |
---|
395 | 395 | | 11. N17°58'32"E, a distance of 100.64 feet to a point, |
---|
396 | 396 | | 12. N62°01'43"E, a distance of 80.07 feet to a point, |
---|
397 | 397 | | 13. N23°05'24"E, a distance of 52.33 feet to a point, |
---|
398 | 398 | | 14. N02°42'46"W, a distance of 142.46 feet to a point, |
---|
399 | 399 | | 15. N23°29'54"W, a distance of 96.37 feet to a point, |
---|
400 | 400 | | 16. N32°44'57"E, a distance of 103.55 feet to a point, |
---|
401 | 401 | | 17. N24°04'26"E, a distance of 321.89 feet to a point, |
---|
402 | 402 | | 18. N56°22'04"E, a distance of 270.51 feet to a point, |
---|
403 | 403 | | 19. N79°08'51"E, a distance of 138.45 feet to a point, |
---|
404 | 404 | | 20. S60°42'38"E, a distance of 61.41 feet to a point, |
---|
405 | 405 | | 21. S80°00'53"E, a distance of 190.79 feet to a point, |
---|
406 | 406 | | 22. S48°03'50"E, a distance of 24.33 feet to a point, |
---|
407 | 407 | | 23. S79°48'01"E, a distance of 65.40 feet to a point, |
---|
408 | 408 | | 24. S67°01'03"E, a distance of 186.92 feet to a point, |
---|
409 | 409 | | 25. S09°51'34"E, a distance of 47.71 feet to a point, |
---|
410 | 410 | | 26. S20°33'35"W, a distance of 28.59 feet to a point at the |
---|
411 | 411 | | southeast property corner of said 115.00 acre tract same being the |
---|
412 | 412 | | northerly boundary line of said 49.020 acre tract and the westerly |
---|
413 | 413 | | boundary line of said 290.812 acre tract, |
---|
414 | 414 | | THENCE, with the common boundary line of said 115.00 acre |
---|
415 | 415 | | tract and said 290.812 acre tract, N27°39'15"E, a distance of 152.76 |
---|
416 | 416 | | feet to a point at the southwest property corner of a 130.50 acre |
---|
417 | 417 | | tract of land conveyed to John Richards Jr., recorded in Volume |
---|
418 | 418 | | 2807, Page 382 of the Official Public Records of Travis County, |
---|
419 | 419 | | Texas, |
---|
420 | 420 | | THENCE, with the common boundary line of said 290.812 acre |
---|
421 | 421 | | Qualico CR, LP tract and said 130.50 acre tract the following seven |
---|
422 | 422 | | (7) courses and distances, numbered 1 through 7, |
---|
423 | 423 | | 1. S69°10'47"E, a distance of 687.67 feet to a point, |
---|
424 | 424 | | 2. S62°30'03"E, a distance of 161.88 feet to a point, |
---|
425 | 425 | | 3. S61°10'38"E, a distance of 87.12 feet to a point, |
---|
426 | 426 | | 4. S59°53'21"E, a distance of 223.25 feet to a point, |
---|
427 | 427 | | 5. S51°14'10"E, a distance of 323.72 feet to a point, |
---|
428 | 428 | | 6. S50°08'52"E, a distance of 97.37 feet to a point, |
---|
429 | 429 | | 7. S52°41'23"E, a distance of 263.41 feet to a point at |
---|
430 | 430 | | the southeast property corner of said 130.50 acre tract and also |
---|
431 | 431 | | being on the westerly boundary line of a 93.26 acre tract of land |
---|
432 | 432 | | conveyed to Amye Haws recorded in Volume 6499, Page 1532, of the |
---|
433 | 433 | | Official Public Records of Travis County, Texas, |
---|
434 | 434 | | THENCE, crossing said 290.812 acre Qualico CR, LP tract and |
---|
435 | 435 | | said 49.020 acre Century Ranch I, LP tract the following nineteen |
---|
436 | 436 | | (19) courses and distances, numbered 1 through 19, |
---|
437 | 437 | | 1. S27°26'16"E, a distance of 785.97 feet to a point of |
---|
438 | 438 | | curvature to the right, |
---|
439 | 439 | | 2. With said curve to the right having a radius of 1143.00 |
---|
440 | 440 | | feet, an arc length of 397.93 feet and whose chord bears, |
---|
441 | 441 | | S37°24'41"W, a distance of 395.93 feet to an capped iron rod found, |
---|
442 | 442 | | 3. S20°32'37"W, a distance of 151.41 feet to a point, |
---|
443 | 443 | | 4. S22°14'54"W, a distance of 56.10 feet to a point, |
---|
444 | 444 | | 5. S40°50'46"E, a distance of 58.27 feet to a point, |
---|
445 | 445 | | 6. S08°11'43"W, a distance of 668.26 feet to a point, |
---|
446 | 446 | | 7. S16°31'07"W, a distance of 26.41 feet to a point, |
---|
447 | 447 | | 8. S14°09'53"W, a distance of 488.10 feet to a point, |
---|
448 | 448 | | 9. S50°01'31"W, a distance of 223.20 feet to a point, |
---|
449 | 449 | | 10. S80°38'54"W, a distance of 302.42 feet to a capped iron |
---|
450 | 450 | | rod found, |
---|
451 | 451 | | 11. S56°53'58"W, a distance of 523.33 feet at a capped iron |
---|
452 | 452 | | rod found continuing a total distance of 865.12 feet to a capped |
---|
453 | 453 | | iron rod found, |
---|
454 | 454 | | 12. S40°56'29"W, a distance of 382.51 feet at a capped iron |
---|
455 | 455 | | rod found continuing a total distance of 469.43 feet to a capped |
---|
456 | 456 | | iron rod found, at a point of curvature to the right, |
---|
457 | 457 | | 13. With said curve to the right having a radius of 1143.00 |
---|
458 | 458 | | feet, an arc length of 152.95 feet and whose chord bears, |
---|
459 | 459 | | S30°08'09"W, a distance of 152.84 feet to a capped iron rod found, |
---|
460 | 460 | | 14. S33°58'10"W, a distance of 25.37 feet to an capped iron |
---|
461 | 461 | | rod found and point of curvature to the left, |
---|
462 | 462 | | 15. With said curve to the left having a radius of 20.00 |
---|
463 | 463 | | feet, an arc length of 31.42 feet and whose chord bears, |
---|
464 | 464 | | S11°01'50"E, a distance of 28.28 feet to an capped iron rod found, |
---|
465 | 465 | | 16. S56°01'50"E, a distance of 475.38 feet to a point of |
---|
466 | 466 | | curvature to the right, |
---|
467 | 467 | | 17. With said curve to the right having a radius of 535.00 |
---|
468 | 468 | | feet, an arc length of 228.96 feet and whose chord bears, |
---|
469 | 469 | | S43°46'14"E, a distance of 227.21 feet to a point, |
---|
470 | 470 | | 18. S31°30'38"E, a distance of 170.81 feet to a point, |
---|
471 | 471 | | 19. S28°02'07"W, a distance of 720.75 feet to a point on the |
---|
472 | 472 | | northern right-of-way line of said Pearce Lane, |
---|
473 | 473 | | THENCE, with the common boundary line of said 290.812 acre |
---|
474 | 474 | | Qualico CR, LP tract and the northern right-of-way line of said |
---|
475 | 475 | | Pearce Lane, the following six (6) courses and distances, numbered |
---|
476 | 476 | | 1 through 6, |
---|
477 | 477 | | 1. N61°59'58"W, a distance of 136.87 feet to a point of |
---|
478 | 478 | | curvature to the right, |
---|
479 | 479 | | 2. With said curve to the right having a radius of 7861.27 |
---|
480 | 480 | | feet, an arc length of 292.21 feet and whose chord bears, |
---|
481 | 481 | | N60°55'19"W, a distance of 292.20 feet to a point, |
---|
482 | 482 | | 3. N59°52'27"W, a distance of 419.81 feet to an capped iron |
---|
483 | 483 | | rod found and point of curvature to the left, |
---|
484 | 484 | | 4. With said curve to the left having a radius of 6565.50 |
---|
485 | 485 | | feet, an arc length of 553.32 feet and whose chord bears, |
---|
486 | 486 | | N62°17'18"W, a distance of 553.15 feet to an iron rod found, |
---|
487 | 487 | | 5. N64°43'45"W, a distance of 536.71 feet to an iron rod |
---|
488 | 488 | | found at the southeast property corner of said 4.022 acre tract and |
---|
489 | 489 | | 6. N64°43'44"W, a distance of 394.63 feet to the POINT OF |
---|
490 | 490 | | BEGINNING and containing 475.159 acres of land, |
---|
491 | 491 | | SECTION 3. (a) The legal notice of the intention to |
---|
492 | 492 | | introduce this Act, setting forth the general substance of this |
---|
493 | 493 | | Act, has been published as provided by law, and the notice and a |
---|
494 | 494 | | copy of this Act have been furnished to all persons, agencies, |
---|
495 | 495 | | officials, or entities to which they are required to be furnished |
---|
496 | 496 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
---|
497 | 497 | | Government Code. |
---|
498 | 498 | | (b) The governor, one of the required recipients, has |
---|
499 | 499 | | submitted the notice and Act to the Texas Commission on |
---|
500 | 500 | | Environmental Quality. |
---|
501 | 501 | | (c) The Texas Commission on Environmental Quality has filed |
---|
502 | 502 | | its recommendations relating to this Act with the governor, the |
---|
503 | 503 | | lieutenant governor, and the speaker of the house of |
---|
504 | 504 | | representatives within the required time. |
---|
505 | 505 | | (d) All requirements of the constitution and laws of this |
---|
506 | 506 | | state and the rules and procedures of the legislature with respect |
---|
507 | 507 | | to the notice, introduction, and passage of this Act are fulfilled |
---|
508 | 508 | | and accomplished. |
---|
509 | 509 | | SECTION 4. This Act takes effect immediately if it receives |
---|
510 | 510 | | a vote of two-thirds of all the members elected to each house, as |
---|
511 | 511 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
512 | 512 | | Act does not receive the vote necessary for immediate effect, this |
---|
513 | 513 | | Act takes effect September 1, 2011. |
---|