Texas 2013 - 83rd Regular

Texas House Bill HB3897 Compare Versions

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11 83R19663 JSL-F
22 By: Rodriguez of Travis H.B. No. 3897
33 Substitute the following for H.B. No. 3897:
44 By: Krause C.S.H.B. No. 3897
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the creation of Onion Creek Metro Park District;
1010 providing authority to issue bonds; providing authority to impose
1111 assessments, fees, or taxes.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1414 Code, is amended by adding Chapter 3924 to read as follows:
1515 CHAPTER 3924. ONION CREEK METRO PARK DISTRICT
1616 SUBCHAPTER A. GENERAL PROVISIONS
1717 Sec. 3924.001. DEFINITIONS. In this chapter:
1818 (1) "Board" means the district's board of directors.
1919 (2) "City" means the City of Austin.
2020 (3) "County" means Travis County.
2121 (4) "Director" means a board member.
2222 (5) "District" means the Onion Creek Metro Park
2323 District.
2424 Sec. 3924.002. NATURE OF DISTRICT. The Onion Creek Metro
2525 Park District is a special district created under Section 59,
2626 Article XVI, Texas Constitution.
2727 Sec. 3924.003. PURPOSE; DECLARATION OF INTENT. (a) The
2828 creation of the district is essential to accomplish the purposes of
2929 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
3030 Texas Constitution, and other public purposes stated in this
3131 chapter. By creating the district and in authorizing the city, the
3232 county, and other political subdivisions to contract with the
3333 district, the legislature has established a program to accomplish
3434 the public purposes set out in Section 52-a, Article III, Texas
3535 Constitution.
3636 (b) The creation of the district is necessary to promote,
3737 develop, encourage, and maintain employment, commerce,
3838 transportation, housing, tourism, recreation, the arts,
3939 entertainment, economic development, safety, and the public
4040 welfare in the district.
4141 (c) This chapter and the creation of the district may not be
4242 interpreted to relieve the city or the county from providing the
4343 level of services provided as of the effective date of the Act
4444 enacting this chapter. The district is created to supplement and
4545 not to supplant city or county services provided in the district.
4646 Sec. 3924.004. CONFIRMATION ELECTION REQUIRED. The initial
4747 directors shall hold an election to confirm the creation of the
4848 district as provided by Section 49.102, Water Code.
4949 Sec. 3924.005. CONSENT OF MUNICIPALITY REQUIRED. (a) The
5050 initial directors may not hold an election under Section 3924.004
5151 until the city has consented by ordinance or resolution to the
5252 creation of the district and to the inclusion of land in the
5353 district.
5454 (b) If the city does not consent to the creation of the
5555 district and to the inclusion of land in the district before
5656 September 1, 2014:
5757 (1) the district is dissolved September 1, 2014,
5858 except that:
5959 (A) any debts incurred shall be paid;
6060 (B) any assets that remain after the payment of
6161 debts shall be transferred to the city or another local
6262 governmental entity to be used for a public purpose; and
6363 (C) the organization of the district shall be
6464 maintained until all debts are paid and remaining assets are
6565 transferred; and
6666 (2) this chapter, including Section 3924.055, expires
6767 September 1, 2014.
6868 (c) In addition to the requirements prescribed by
6969 Subsection (a), the ordinance or resolution described by Subsection
7070 (a):
7171 (1) must specify the qualifications for persons to be
7272 eligible to serve as permanent directors; and
7373 (2) may limit the number of terms a director may serve.
7474 Sec. 3924.006. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
7575 The district is created to serve a public use and benefit.
7676 (b) All land and other property included in the district
7777 will benefit from the improvements and services to be provided by
7878 the district under powers conferred by Sections 52 and 52-a,
7979 Article III, and Section 59, Article XVI, Texas Constitution, and
8080 other powers granted under this chapter.
8181 (c) The creation of the district is in the public interest
8282 and is essential to further the public purposes of:
8383 (1) developing and diversifying the economy of the
8484 state;
8585 (2) eliminating unemployment and underemployment; and
8686 (3) developing or expanding transportation and
8787 commerce.
8888 (d) The district will:
8989 (1) promote the health, safety, and general welfare of
9090 residents, employers, potential employees, employees, visitors,
9191 and consumers in the district, and of the public;
9292 (2) provide needed funding for the district to
9393 preserve, maintain, and enhance the economic health and vitality of
9494 the district territory as a community and business center;
9595 (3) promote the health, safety, welfare, and enjoyment
9696 of the public by providing pedestrian ways and by landscaping and
9797 developing certain areas in the district, which are necessary for
9898 the restoration, preservation, and enhancement of scenic beauty;
9999 and
100100 (4) provide for water, wastewater, drainage, road, and
101101 recreational facilities for the district.
102102 (e) Pedestrian ways along or across a street, whether at
103103 grade or above or below the surface, and street lighting, street
104104 landscaping, parking, and street art objects are parts of and
105105 necessary components of a street and are considered to be a street
106106 or road improvement.
107107 (f) The district will not act as the agent or
108108 instrumentality of any private interest even though the district
109109 will benefit many private interests as well as the public.
110110 Sec. 3924.007. INITIAL DISTRICT TERRITORY. (a) The
111111 district is initially composed of the territory described by
112112 Section 2 of the Act enacting this chapter.
113113 (b) The boundaries and field notes contained in Section 2 of
114114 the Act enacting this chapter form a closure. A mistake in the
115115 field notes or in copying the field notes in the legislative process
116116 does not affect the district's:
117117 (1) organization, existence, or validity;
118118 (2) right to issue any type of bonds for the purposes
119119 for which the district is created or to pay the principal of and
120120 interest on the bonds;
121121 (3) right to impose or collect an assessment or tax; or
122122 (4) legality or operation.
123123 Sec. 3924.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
124124 All or any part of the area of the district is eligible to be
125125 included in:
126126 (1) a tax abatement reinvestment zone created under
127127 Chapter 312, Tax Code; or
128128 (2) an enterprise zone created under Chapter 2303,
129129 Government Code.
130130 Sec. 3924.009. APPLICABILITY OF MUNICIPAL MANAGEMENT
131131 DISTRICTS LAW. Except as otherwise provided by this chapter,
132132 Chapter 375, Local Government Code, applies to the district.
133133 Sec. 3924.010. CONSTRUCTION OF CHAPTER. This chapter shall
134134 be liberally construed in conformity with the findings and purposes
135135 stated in this chapter.
136136 SUBCHAPTER B. BOARD OF DIRECTORS
137137 Sec. 3924.051. GOVERNING BODY; TERMS. (a) The district is
138138 governed by a board of seven voting directors who serve staggered
139139 terms of four years, with three or four directors' terms expiring
140140 June 1 of each odd-numbered year.
141141 (b) The qualifications of the permanent directors must
142142 comply with those established in the ordinance or resolution under
143143 Section 3924.005(c)(1).
144144 (c) The board by resolution may change the number of voting
145145 directors on the board if the board determines that the change is in
146146 the best interest of the district and the city approves the change.
147147 The board may not consist of fewer than 7 or more than 15 voting
148148 directors.
149149 Sec. 3924.052. APPOINTMENT OF VOTING DIRECTORS. The
150150 governing body of the city shall appoint the voting directors. A
151151 person is appointed if a majority of the members of the governing
152152 body vote to appoint that person.
153153 Sec. 3924.053. QUORUM. For purposes of determining the
154154 requirements for a quorum of the board, the following are not
155155 counted:
156156 (1) a board position vacant for any reason, including
157157 death, resignation, or disqualification; or
158158 (2) a director who is abstaining from participation in
159159 a vote because of a conflict of interest.
160160 Sec. 3924.054. COMPENSATION. A director is entitled to
161161 receive fees of office and reimbursement for actual expenses as
162162 provided by Section 49.060, Water Code. Sections 375.069 and
163163 375.070, Local Government Code, do not apply to the board.
164164 Sec. 3924.055. INITIAL VOTING DIRECTORS. (a) The initial
165165 board consists of the following voting directors:
166166 Pos. No. Name of Director Pos. No. Name of Director
167167 Pos. No. Name of Director
168168 1 Sara Partridge 1 Sara Partridge
169169 1 Sara Partridge
170170 2 Tyler Zickert 2 Tyler Zickert
171171 2 Tyler Zickert
172172 3 Ross Rathgeber 3 Ross Rathgeber
173173 3 Ross Rathgeber
174174 4 George Cofer 4 George Cofer
175175 4 George Cofer
176176 5 Andrea Rado Hamilton 5 Andrea Rado Hamilton
177177 5 Andrea Rado Hamilton
178178 6 Cile Montgomery 6 Cile Montgomery
179179 6 Cile Montgomery
180180 7 Philip Koske 7 Philip Koske
181181 7 Philip Koske
182182 (b) Of the initial directors, the terms of directors
183183 appointed for positions one, three, five, and seven expire June 1,
184184 2015, and the terms of directors appointed for positions two, four,
185185 and six expire June 1, 2017.
186186 (c) Section 3924.052 does not apply to this section.
187187 (d) This section expires September 1, 2017.
188188 SUBCHAPTER C. POWERS AND DUTIES
189189 Sec. 3924.101. GENERAL POWERS AND DUTIES. The district has
190190 the powers and duties necessary to accomplish the purposes for
191191 which the district is created.
192192 Sec. 3924.102. IMPROVEMENT PROJECTS AND SERVICES. The
193193 district may provide, design, construct, acquire, improve,
194194 relocate, operate, maintain, or finance an improvement project or
195195 service using any money available to the district, or contract with
196196 a governmental or private entity to provide, design, construct,
197197 acquire, improve, relocate, operate, maintain, or finance an
198198 improvement project or service authorized under this chapter or
199199 Chapter 375, Local Government Code.
200200 Sec. 3924.103. LOCATION OF IMPROVEMENT PROJECT. An
201201 improvement project described by Section 3924.102 may be located:
202202 (1) in the district; or
203203 (2) in an area outside the district if the board
204204 determines that the project benefits the district.
205205 Sec. 3924.104. DEVELOPMENT CORPORATION POWERS. The
206206 district, using money available to the district, may exercise the
207207 powers given to a development corporation under Chapter 505, Local
208208 Government Code, including the power to own, operate, acquire,
209209 construct, lease, improve, or maintain a project under that
210210 chapter.
211211 Sec. 3924.105. NONPROFIT CORPORATION. (a) The board by
212212 resolution may authorize the creation of a nonprofit corporation to
213213 assist and act for the district in implementing a project or
214214 providing a service authorized by this chapter.
215215 (b) The nonprofit corporation:
216216 (1) has each power of and is considered to be a local
217217 government corporation created under Subchapter D, Chapter 431,
218218 Transportation Code; and
219219 (2) may implement any project and provide any service
220220 authorized by this chapter.
221221 (c) The board shall appoint the board of directors of the
222222 nonprofit corporation. The board of directors of the nonprofit
223223 corporation shall serve in the same manner as the board of directors
224224 of a local government corporation created under Subchapter D,
225225 Chapter 431, Transportation Code, except that a board member is not
226226 required to reside in the district.
227227 Sec. 3924.106. AGREEMENTS; GRANTS. (a) As provided by
228228 Chapter 375, Local Government Code, the district may make an
229229 agreement with or accept a gift, grant, or loan from any person.
230230 (b) The implementation of a project is a governmental
231231 function or service for the purposes of Chapter 791, Government
232232 Code.
233233 Sec. 3924.107. LAW ENFORCEMENT SERVICES. To protect the
234234 public interest, the district may contract with a qualified party,
235235 including the county or the city, to provide law enforcement
236236 services for a fee.
237237 Sec. 3924.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
238238 district may join and pay dues to a charitable or nonprofit
239239 organization that performs a service or provides an activity
240240 consistent with the furtherance of a district purpose.
241241 Sec. 3924.109. ECONOMIC DEVELOPMENT. (a) The district may
242242 engage in activities that accomplish the economic development
243243 purposes of the district.
244244 (b) The district may establish and provide for the
245245 administration of one or more programs to promote state or local
246246 economic development and to stimulate business and commercial
247247 activity, including programs to:
248248 (1) make loans and grants of public money; and
249249 (2) provide district personnel and services.
250250 (c) The district may create economic development programs
251251 and exercise the economic development powers provided to
252252 municipalities by:
253253 (1) Chapter 380, Local Government Code; and
254254 (2) Subchapter A, Chapter 1509, Government Code.
255255 Sec. 3924.110. PARKING FACILITIES. (a) The district may
256256 acquire, lease as lessor or lessee, construct, develop, own,
257257 operate, and maintain parking facilities or a system of parking
258258 facilities, including lots, garages, parking terminals, or other
259259 structures or accommodations for parking motor vehicles off the
260260 streets and related appurtenances.
261261 (b) The district's parking facilities serve the public
262262 purposes of the district and are owned, used, and held for a public
263263 purpose even if leased or operated by a private entity for a term of
264264 years.
265265 (c) The district's parking facilities are parts of and
266266 necessary components of a street and are considered to be a street
267267 or road improvement.
268268 (d) The development and operation of the district's parking
269269 facilities may be considered an economic development program.
270270 Sec. 3924.111. APPROVAL BY CITY. (a) Except as provided by
271271 Subsection (c), the district must obtain the approval of the city
272272 for:
273273 (1) the issuance of bonds;
274274 (2) the annexation of land in the city or the
275275 extraterritorial jurisdiction of the city;
276276 (3) the plans and specifications of an improvement
277277 project financed by bonds; and
278278 (4) the plans and specifications of an improvement
279279 project related to the use of land owned by the city, an easement
280280 granted by the city, or a right-of-way of a street, road, or
281281 highway.
282282 (b) The district may not issue bonds or annex land in the
283283 city or extraterritorial jurisdiction of the city until the
284284 governing body of the city adopts a resolution or ordinance
285285 authorizing the issuance of the bonds or the annexation of the land.
286286 (c) If the district obtains the approval of the city's
287287 governing body of a capital improvements budget for a period not to
288288 exceed 10 years, the district may finance the capital improvements
289289 and issue bonds specified in the budget without further approval
290290 from the city.
291291 (d) The governing body of the city:
292292 (1) is not required to adopt a resolution or ordinance
293293 to approve plans and specifications described by Subsection (a);
294294 and
295295 (2) may establish an administrative process to approve
296296 plans and specifications described by Subsection (a) without the
297297 involvement of the governing body.
298298 Sec. 3924.112. COMPLIANCE WITH MUNICIPAL CONSENT
299299 AGREEMENT, ORDINANCE, OR RESOLUTION; ENFORCEABILITY OF AGREEMENT.
300300 (a) The district shall comply with all applicable requirements of
301301 an ordinance or resolution adopted by the city that consents to the
302302 creation of the district or to the inclusion of land in the
303303 district.
304304 (b) Any agreement between the district and the city related
305305 to the city's consent to the creation of the district is valid and
306306 enforceable.
307307 (c) On the issuance of bonds by the district, the district
308308 is considered to have waived sovereign immunity to suit by the city
309309 for the purpose of adjudicating a claim for breach of an agreement
310310 described by this section.
311311 Sec. 3924.113. NO EMINENT DOMAIN POWER. The district may
312312 not exercise the power of eminent domain.
313313 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; TAX AND
314314 ASSESSMENT ABATEMENTS
315315 Sec. 3924.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
316316 board by resolution shall establish the number of directors'
317317 signatures and the procedure required for a disbursement or
318318 transfer of district money.
319319 Sec. 3924.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
320320 The district may acquire, construct, finance, operate, or maintain
321321 any improvement or service authorized under this chapter or Chapter
322322 375, Local Government Code, using any money available to the
323323 district.
324324 Sec. 3924.153. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
325325 The board by resolution may impose and collect an assessment for any
326326 purpose authorized by this chapter in all or any part of the
327327 district.
328328 (b) An assessment, a reassessment, or an assessment
329329 resulting from an addition to or correction of the assessment roll
330330 by the district, penalties and interest on an assessment or
331331 reassessment, an expense of collection, and reasonable attorney's
332332 fees incurred by the district:
333333 (1) are a first and prior lien against the property
334334 assessed;
335335 (2) are superior to any other lien or claim other than
336336 a lien or claim for county, school district, or municipal ad valorem
337337 taxes; and
338338 (3) are the personal liability of and a charge against
339339 the owners of the property even if the owners are not named in the
340340 assessment proceedings.
341341 (c) The lien is effective from the date of the board's
342342 resolution imposing the assessment until the date the assessment is
343343 paid. The board may enforce the lien in the same manner that the
344344 board may enforce an ad valorem tax lien against real property.
345345 (d) The board may make a correction to or deletion from the
346346 assessment roll that does not increase the amount of assessment of
347347 any parcel of land without providing notice and holding a hearing in
348348 the manner required for additional assessments.
349349 Sec. 3924.154. RESIDENTIAL PROPERTY NOT EXEMPT. Section
350350 375.161, Local Government Code, does not apply to a tax authorized
351351 or approved by the voters of the district or a required payment for
352352 a service provided by the district, including water and sewer
353353 services.
354354 Sec. 3924.155. TAX AND ASSESSMENT ABATEMENTS. The district
355355 may designate reinvestment zones and may grant abatements of
356356 district taxes or assessments on property in the zones.
357357 SUBCHAPTER E. TAXES AND BONDS
358358 Sec. 3924.201. ELECTIONS REGARDING TAXES AND BONDS. (a)
359359 The district may issue, without an election, bonds, notes, and
360360 other obligations secured by:
361361 (1) revenue other than ad valorem taxes; or
362362 (2) contract payments described by Section 3924.203.
363363 (b) The district must hold an election in the manner
364364 provided by Subchapter L, Chapter 375, Local Government Code, to
365365 obtain voter approval before the district may impose an ad valorem
366366 tax or issue bonds payable from ad valorem taxes.
367367 (c) Section 375.243, Local Government Code, does not apply
368368 to the district.
369369 (d) All or any part of any facilities or improvements that
370370 may be acquired by a district by the issuance of its bonds may be
371371 submitted as a single proposition or as several propositions to be
372372 voted on at the election.
373373 Sec. 3924.202. OPERATION AND MAINTENANCE TAX. (a) If
374374 authorized by a majority of the district voters voting at an
375375 election held in accordance with Section 3924.201, the district may
376376 impose an operation and maintenance tax on taxable property in the
377377 district in accordance with Section 49.107, Water Code, for any
378378 district purpose, including to:
379379 (1) maintain and operate the district;
380380 (2) construct or acquire improvements; or
381381 (3) provide a service.
382382 (b) The board shall determine the tax rate. The rate may not
383383 exceed the rate approved at the election.
384384 Sec. 3924.203. CONTRACT TAXES. (a) In accordance with
385385 Section 49.108, Water Code, the district may impose a tax other than
386386 an operation and maintenance tax and use the revenue derived from
387387 the tax to make payments under a contract after the provisions of
388388 the contract have been approved by a majority of the district voters
389389 voting at an election held for that purpose.
390390 (b) A contract approved by the district voters may contain a
391391 provision stating that the contract may be modified or amended by
392392 the board without further voter approval.
393393 Sec. 3924.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
394394 AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
395395 determined by the board. Section 375.205, Local Government Code,
396396 does not apply to a loan, line of credit, or other borrowing from a
397397 bank or financial institution secured by revenue other than ad
398398 valorem taxes.
399399 (b) The district may issue bonds, notes, or other
400400 obligations payable wholly or partly from ad valorem taxes,
401401 assessments, impact fees, revenue, contract payments, grants, or
402402 other district money, or any combination of those sources of money,
403403 to pay for any authorized district purpose.
404404 (c) The limitation on the outstanding principal amount of
405405 bonds, notes, and other obligations provided by Section 49.4645,
406406 Water Code, does not apply to the district.
407407 Sec. 3924.205. TAXES FOR BONDS. At the time the district
408408 issues bonds payable wholly or partly from ad valorem taxes, the
409409 board shall provide for the annual imposition of a continuing
410410 direct annual ad valorem tax, without limit as to rate or amount,
411411 for each year that all or part of the bonds are outstanding as
412412 required and in the manner provided by Sections 54.601 and 54.602,
413413 Water Code.
414414 Sec. 3924.206. CITY NOT REQUIRED TO PAY DISTRICT
415415 OBLIGATIONS. Except as provided by Section 375.263, Local
416416 Government Code, the city is not required to pay a bond, note, or
417417 other obligation of the district.
418418 SECTION 2. The Onion Creek Metro Park District initially
419419 includes all territory contained in the following area:
420420 A DESCRIPTION OF 701.655 ACRES IN THE SANTIAGO DEL VALLE
421421 GRANT, TRAVIS COUNTY, TEXAS, CONSISTING OF:
422422 A PORTION OF A 679.66 ACRE TRACT AND A 0.805 ACRE TRACT,
423423 DESCRIBED IN A SPECIAL WARRANTY DEED TO MVE VENTURE, LTD. DATED MAY
424424 2, 2005 AND RECORDED IN DOCUMENT NO. 2005078856 OF THE OFFICIAL
425425 PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;
426426 ALL OF A 22.818 ACRE TRACT DESCRIBED IN A SPECIAL
427427 WARRANTY DEED TO M.V.E. VENTURE DATED DECEMBER 28, 1989 AND
428428 RECORDED IN VOLUME 11093, PAGE 219 OF THE REAL PROPERTY RECORDS OF
429429 TRAVIS COUNTY, TEXAS;
430430 ALL OF A 175.00 ACRE TRACT DESCRIBED IN A SPECIAL
431431 WARRANTY DEED TO BENCHMARK LAND DEVELOPMENT, INC. DATED MAY 02,
432432 2005 AND RECORDED IN DOCUMENT NO. 2005078857 OF THE OFFICIAL PUBLIC
433433 RECORDS OF TRAVIS COUNTY, TEXAS;
434434 ALL OF AN 85.600 ACRE TRACT DESCRIBED IN A CASH WARRANTY
435435 DEED TO AUSTIN GOODNIGHT RANCH, L.P. DATED JUNE 30, 2006 AND
436436 RECORDED IN DOCUMENT NO. 2006197891 OF THE OFFICIAL PUBLIC RECORDS
437437 OF TRAVIS COUNTY, TEXAS;
438438 ALL OF A 26.519 ACRE TRACT AND A 2.495 ACRE TRACT, BOTH
439439 DESCRIBED IN A SPECIAL WARRANTY DEED TO GOODNIGHT RANCH L.P., DATED
440440 MAY 26, 2006 AND RECORDED IN DOCUMENT NO. 2006099945 OF THE OFFICIAL
441441 PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;
442442 ALL OF A 0.023 ACRE TRACT DESCRIBED IN A SPECIAL
443443 WARRANTY DEED TO GOODNIGHT RANCH, L.P. AND RECORDED IN DOCUMENT NO.
444444 2007076804 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;
445445 ALL OF VERTEX BOULEVARD (70' RIGHT-OF-WAY WIDTH)
446446 DESCRIBED IN DOCUMENT NO. 200800081 OF THE OFFICIAL PUBLIC RECORDS
447447 OF TRAVIS COUNTY, TEXAS;
448448 ALL OF A 2.031 ACRE TRACT DESCRIBED IN A SPECIAL
449449 WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P., DATED JANUARY 31,
450450 2006 AND RECORDED IN DOCUMENT NO. 2006022592 OF THE OFFICIAL PUBLIC
451451 RECORDS OF TRAVIS COUNTY, TEXAS;
452452 ALL OF A 6.125 ACRE TRACT DESCRIBED IN A SPECIAL
453453 WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P., DATED MARCH 18, 2011
454454 AND RECORDED IN DOCUMENT NO. 2011035151 OF THE OFFICIAL PUBLIC
455455 RECORDS OF TRAVIS COUNTY, TEXAS;
456456 ALL OF A 6.658 ACRE TRACT DESCRIBED IN A SPECIAL
457457 WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P. DATED JUNE 29, 2007
458458 AND RECORDED IN DOCUMENT NO. 2007211337 OF THE OFFICIAL PUBLIC
459459 RECORDS OF TRAVIS COUNTY, TEXAS;
460460 ALL OF A 0.828 ACRE TRACT DESCRIBED IN A GENERAL
461461 WARRANTY DEED TO TRAVIS COUNTY, TEXAS, DATED AUGUST 9, 2011 AND
462462 DESCRIBED IN DOCUMENT NO. 2011118719 OF THE OFFICIAL PUBLIC RECORDS
463463 OF TRAVIS COUNTY, TEXAS;
464464 ALL OF SLAUGHTER LANE EAST DESCRIBED IN DOCUMENT NO.
465465 2007094816 AND DOCUMENT NO. 2010044359 OF THE OFFICIAL PUBLIC
466466 RECORDS OF TRAVIS COUNTY, TEXAS;
467467 ALL OF A 24.529 ACRE TRACT DESCRIBED IN A SPECIAL
468468 WARRANTY DEED WITH VENDOR'S LIEN TO AUSTIN GOODNIGHT RANCH, L.P.,
469469 DATED APRIL 4, 2011 AND RECORDED IN DOCUMENT NO. 2011053055 OF THE
470470 OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;
471471 ALL OF A 0.144 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL
472472 WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P. DATED APRIL 14, 2011
473473 AND RECORDED IN DOCUMENT NO. 2011053054 OF THE OFFICIAL PUBLIC
474474 RECORDS OF TRAVIS COUNTY, TEXAS;
475475 SAID 701.655 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES
476476 AND BOUNDS AS FOLLOWS:
477477 BEGINNING at a 1/2" rebar found in the north right-of-way
478478 line of Old Lockhart Highway (right-of-way width varies), being the
479479 southeast corner of the 679.66 acre tract, being also the southwest
480480 corner of Lot 1 of Capitol View Estates, a subdivision of record in
481481 Volume 45, Page 13 of the Plat Records of Travis County, Texas;
482482 THENCE with the north right-of-way line of Old Lockhart
483483 Highway and the south line of the 679.66 acre tract the following
484484 ten (10) courses and distances:
485485 1. North 52°14'14" West, a distance of 88.15 feet to a 1/2" rebar
486486 found;
487487 2. North 41°41'09" West, a distance of 711.88 feet to a 1/2" iron
488488 pipe found;
489489 3. North 40°58'33" West, a distance of 460.57 feet to a 1/2" rebar
490490 found;
491491 4. North 35°38'06" West, a distance of 332.61 feet to a 1/2" iron
492492 pipe found;
493493 5. North 38°14'16" West, a distance of 94.62 feet to a 1/2" iron
494494 pipe found;
495495 6. North 34°52'34" West, a distance of 116.37 feet to a 1/2" iron
496496 pipe found;
497497 7. North 36°52'03" West, a distance of 761.83 feet to a 1/2" iron
498498 pipe found;
499499 8. North 36°04'28" West, a distance of 525.66 feet to a 3/4" iron
500500 pipe found;
501501 9. North 37°05'20" West, a distance of 350.14 feet to a metal fence
502502 post found;
503503 10. North 35°03'44" West, a distance of 102.42 feet to a 3/4" iron
504504 pipe found for the southeast corner of the 0.805 acre tract;
505505 THENCE North 36°56'38" West, with the north right-of-way line
506506 of Old Lockhart Highway and the south line of the 0.805 acre tract,
507507 a distance of 158.54 feet to a 3/4" iron pipe found for the
508508 southwest corner of the 0.805 acre tract, being in the south line of
509509 the 679.66 acre tract;
510510 THENCE North 36°41'16" West, with the north right-of-way line
511511 of Old Lockhart Highway and the south line of the 679.66 acre tract,
512512 a distance of 400.57 feet to a 1/2" rebar found for a southwest
513513 corner of the 679.66 acre tract, being the southeast corner of a
514514 0.994 acre tract of land described in Volume 12478, Page 528 of the
515515 Real Property Records of Travis County, Texas;
516516 THENCE North 28°56'17" East, with the west line of the 679.66
517517 acre tract and the east line of the 0.994 acre tract, a distance of
518518 321.00 feet to a calculated point for the northeast corner of the
519519 0.994 acre tract, being a southeast corner of a 3.59 acre tract of
520520 land described in Document No. 2009200063 of the Official Public
521521 Records of Travis County, Texas;
522522 THENCE with the common line of the 679.66 acre tract and the
523523 3.59 acre tract the following two (2) courses and distances:
524524 1. North 28°50'57" East, a distance of 437.63 feet to a 1/2" rebar
525525 found for the northeast corner of the 3.59 acre tract;
526526 2. North 60°15'24" West, a distance of 130.11 feet to a 1/2" rebar
527527 found for the northwest corner of the 3.59 acre tract, being an
528528 angle point in the east line of a 16.46 acre tract of land described
529529 in Document No. 2004222100 of the Official Public Records of Travis
530530 County, Texas;
531531 THENCE with the common line of the 679.66 acre tract and the
532532 16.46 acre tract the following three (3) courses and distances:
533533 1. North 59°54'43" West, a distance of 44.13 feet to a 1/2" rebar
534534 found;
535535 2. North 29°01'25" East, a distance of 1551.18 feet to a 3/4" iron
536536 pipe found for the northeast corner of the 16.46 acre tract;
537537 3. North 62°41'57" West, a distance of 345.07 feet to a 1/2" iron
538538 pipe found for the northwest corner of the 16.46 acre tract, being
539539 the northeast corner of Lot 7, Block D, Perkins Park, Section One, a
540540 subdivision of record in Volume 50, Page 78 of the Plat Records of
541541 Travis County, Texas;
542542 THENCE North 62°57'34" West, with the south line of the 679.66
543543 acre tract and the north line of Perkins Park, Section One, a
544544 distance of 310.24 feet to a 1/2" rebar found for the northwest
545545 corner of Lot 8, Block K, Perkins Park, Section One, being the
546546 northeast corner of a 6.59 acre tract of land described in Document
547547 No. 2000167421 of the Official Public Records of Travis County,
548548 Texas;
549549 THENCE with the common line of the 679.66 acre tract and the
550550 6.59 acre tract the following three (3) courses and distances:
551551 1. North 62°54'58" West, a distance of 162.11 feet to a 1" iron pipe
552552 found for the northwest corner of the 6.59 acre tract;
553553 2. South 29°33'50" West, a distance of 963.76 feet to a 1/2" rebar
554554 with Chaparral cap set;
555555 3. South 29°33'00" West, a distance of 753.69 feet to a 1/2" rebar
556556 found in the north right-of-way line of Old Lockhart Highway, being
557557 an angle point in the southwest line of the 679.66 acre tract, being
558558 also the southwest corner of the 6.59 acre tract;
559559 THENCE with the common right-of-way line of Old Lockhart
560560 Highway and the 679.66 acre tract the following five (5) courses and
561561 distances:
562562 1. North 26°32'14" West, a distance of 566.22 feet to a 1/2" rebar
563563 found;
564564 2. North 18°08'20" West, a distance of 141.82 feet to a 1/2" rebar
565565 found;
566566 3. North 07°42'27" East, a distance of 89.82 feet to a 1/2" rebar
567567 found;
568568 4. North 28°37'37" East, a distance of 229.06 feet to a 1" iron pipe
569569 found;
570570 5. North 29°33'21" East, at a distance of 460.01 feet, passing a
571571 1/2" rebar with Chaparral cap set for the south corner of the 0.828
572572 acre tract, continuing with the common right-of-way line of Old
573573 Lockhart Highway and the 0.828 acre tract, in all, a distance of
574574 670.57 feet to a 3/4" iron pipe found;
575575 THENCE North 30°58'10" East, with the common right-of-way
576576 line of Old Lockhart Highway and the 0.828 acre tract, same being
577577 the west line of the 679.66 acre tract, a distance of 129.75 feet to
578578 a 1/2" rebar found in the south line of a 1.5 acre tract of land
579579 described in Volume 11234, Page 365 of the Real Property Records of
580580 Travis County, Texas;
581581 THENCE with the common line of the 0.828 acre tract and the
582582 1.5 acre tract, same being the west line of the 679.66 acre tract,
583583 the following three (3) courses and distances:
584584 1. South 26°34'49" East, a distance of 11.29 feet to a 1/2" rebar
585585 found;
586586 2. North 27°27'35" East, a distance of 172.54 feet to a 1/2" rebar
587587 found;
588588 3. North 26°27'24" East, at a distance of 227.52 feet passing a
589589 1/2" rebar found for an angle point in the south right-of-way line
590590 of Slaughter Lane East (right-of-way width varies) as described in
591591 Document No. 2008134870 of the Official Public Records of Travis
592592 County, Texas, being in the west line of the said 85.600 acre tract,
593593 being also the northeast corner of a 1.5 acre tract described in
594594 Volume 11234, Page 365 of the Real Property Records of Travis
595595 County, Texas, continuing with the south right-of-way line of
596596 Slaughter Lane East and the west line of the 0.828 acre tract, in
597597 all, a distance of 229.16 feet to a 1/2" rebar found for an angle
598598 point in the south right-of-way line of Slaughter Lane East, being
599599 the northwest corner of the 0.828 acre tract;
600600 THENCE North 26°54'47" East, with the west line of the 679.66
601601 acre tract, crossing Slaughter Lane East, a distance of 146.04 feet
602602 to a 1/2" rebar with Chaparral cap found in the north right-of-way
603603 line of Slaughter Lane East, being a point in the west line of the
604604 175.000 acre tract and also being in the east line of a 67.95 acre
605605 tract described in Document No. 2002232017 of the Official Public
606606 Records of Travis County, Texas;
607607 THENCE North 26°54'47" East, with the west line of the 679.66
608608 acre tract, the west line of the 175.000 acre tract and the east
609609 line of the 67.95 acre tract, a distance of 1458.21 feet to a 1/2"
610610 rebar found for an angle point in the east line of the 67.95 acre
611611 tract, being the southeast corner of the 1.477 acre tract;
612612 THENCE North 26°55'30" East, with the west line of the 697.66
613613 acre tract, the west line of the 175.000 acre tract and the east
614614 line of the 1.477 acre tract, at a distance of 351.90 feet, passing
615615 an angle point in the west line of the 85.600 acre tract, continuing
616616 with the west line of the 85.600 acre tract, the west line of the
617617 697.66 acre tract and the east line of the 1.477 acre tract, in all,
618618 a distance of 364.88 feet to a 1/2" rebar found at an angle point in
619619 the west line of the 85.600 acre tract, being the northeast corner
620620 of the 1.477 acre tract and being also an angle point in the south
621621 right-of-way line of Nuckols Crossing Road (70' right-of-way
622622 width);
623623 THENCE with the common line of Nuckols Crossing Road, the
624624 85.600 acre tract and the 679.66 acre tract, the following seven (7)
625625 courses and distances:
626626 1. North 27°13'23" East, a distance of 107.04 feet to a 1/2" rebar
627627 found;
628628 2. North 36°26'26" East, a distance of 98.94 feet to a 3/4" iron
629629 pipe found;
630630 3. North 27°09'55" East, a distance of 1122.38 feet to a 3/4" iron
631631 pipe found;
632632 4. With a curve to the right, having a radius of 136.02 feet, an
633633 arc length of 214.24 feet, and a chord which bears North 72°14'38"
634634 East, a distance of 192.77 feet to a 3/4" iron pipe found;
635635 5. South 62°37'40" East, a distance of 734.70 feet to a nail found
636636 in a fence post;
637637 6. With a curve to the left, having a radius of 990.40 feet, an arc
638638 length of 286.98 feet, and a chord which bears South 70°56'14" East,
639639 a distance of 285.97 feet to a 1/2" rebar found;
640640 7. South 79°14'59" East, a distance of 524.60 feet to a 1/2" rebar
641641 with cap set for the northeast corner of the 85.600 acre tract,
642642 being in the north line of the 679.66 acre tract;
643643 THENCE with the south right-of-way line of Nuckols Crossing
644644 Road and the north line of the 679.66 acre tract the following two
645645 (2) courses and distances:
646646 1. South 79°14'59" East, a distance of 645.80 feet to a 3/4" iron
647647 pipe found, from which, a 1/2" rebar found bears South 84°49'23"
648648 East, a distance of 5.32 feet;
649649 2. South 85°18'25" East, at a distance of 77.47 feet, passing a
650650 1/2" rebar with cap set for the intersection of Nuckols Crossing
651651 Road and Vertex Boulevard, continuing with the prolongation of the
652652 south right-of-way line of Nuckols Crossing Road, in all, a
653653 distance of 178.50 feet to a 1/2" rebar found for the southwest
654654 corner of Lot 1, Gentry Estates, a subdivision of record in Volume
655655 75, Page 88 of the Plat Records of Travis County, Texas, being also
656656 the northwest corner of a 15.604 acre tract described in Document
657657 No. 2006099949 of the Official Public Records of Travis County,
658658 Texas;
659659 THENCE crossing the 679.66 acre tract with the east
660660 right-of-way line of Vertex Boulevard and the west line of the
661661 15.604 acre tract, the following two (2) courses and distances:
662662 1. South 31°49'52" West, a distance of 11.02 feet to a 1/2" rebar
663663 with Chaparral cap found;
664664 2. With a curve to the left, having a radius of 1050.00 feet, an
665665 arc length of 631.79 feet, and a chord which bears South 14°35'36"
666666 West, a distance of 622.31 feet to a 1/2" rebar with Chaparral cap
667667 found for the southeast termination of Vertex Boulevard, being also
668668 a point in the east line of a 2.495 acre described in Document No.
669669 2006099945 of the Official Public Records of Travis County, Texas;
670670 THENCE continuing across the 679.66 acre tract with the west
671671 line of the 15.604 acre tract and the east line of the 2.495 acre
672672 tract the following two (2) courses and distances:
673673 1. With a curve to the left, having a radius of 1050.00 feet, an
674674 arc length of 356.17 feet, and a chord which bears South 12°21'43"
675675 East, a distance of 354.46 feet to a 1/2" rebar with Chaparral cap
676676 found;
677677 2. South 22°04'46" East, a distance of 217.30 feet to a 1/2" rebar
678678 with Chaparral cap found for the southwest corner of said 15.604
679679 acre tract, being the northwest corner of said 26.519 acre tract;
680680 THENCE continuing across the 679.66 acre tract with the
681681 common line of the 15.604 acre and 26.519 acre tracts, the following
682682 three (3) courses and distances:
683683 1. North 89°49'06" East, a distance of 173.88 feet to a 1/2" rebar
684684 with Chaparral cap found;
685685 2. North 84°49'06" East, a distance of 389.86 feet to a 1/2" rebar
686686 with Chaparral cap found;
687687 3. North 00°06'16" East, a distance of 814.03 feet to a 1/2" rebar
688688 with Chaparral cap found for an angle point in the north line of the
689689 26.519 acre tract, being in the north line of the 679.66 acre, same
690690 being the northeast corner of the 15.604 acre tract, and being also
691691 a point in the south line of Lot 1 of said Gentry Estates;
692692 THENCE South 61°01'04" East, with the north line of the 26.519
693693 acre tract, the north line of the 679.66 acre tract and the south
694694 line of Lot 1, Gentry Estates, a distance of 484.73 feet to a 3/4"
695695 iron pipe found for the southeast corner of Lot 1, Gentry Estates,
696696 being the southwest corner of Block B of Final Plat of Thaxton
697697 Place, a subdivision of record in Document No. 200800080 of the
698698 Official Public Records of Travis County, Texas;
699699 THENCE South 61°02'12" East, with the , the north line of the
700700 679.66 acre tract, the north line of the 26.519 acre tract and the
701701 south line of Block B of Thaxton Place, at a distance of 509.80
702702 feet, passing the northwest corner of the 2.031 acre tract,
703703 continuing with the north line of the 679.66 acre tract, the north
704704 line of the 2.031 acre tract, the north line of the 26.519 acre
705705 tract, and the south line of Block B of Thaxton place, in all, a
706706 distance of 549.85 feet to a 1/2" rebar found for the northeast
707707 corner of the 679.66 acre tract, the northeast corner of the 2.031
708708 acre tract, the northeast corner of the 26.519 acre tract, and also
709709 being the southeast corner of Block B of Thaxton Place and a point
710710 in the west line of Lot 13, Block X of Sheldon 230, Section 1, Phase
711711 1 a subdivision of record in Document No. 200500225 of the Official
712712 Public Records of Travis County, Texas;
713713 THENCE South 26°18'36" West, with the east line of the 697.66
714714 acre tract, the east line of the 2.031 acre tract, the east line of
715715 the 26.519 acre tract, and the west lines of Block X of Sheldon 230,
716716 Section 1, Phase 1, Block DD of Sheldon 230 Section 1, Phase 3 a
717717 subdivision of record in Document No. 200600032 of the Official
718718 Public Records of Travis County, Texas, Baythorne Drive (60'
719719 right-of-way described in Document No. 200700032 of the Official
720720 Public Records of Travis County, Texas, and Block DD of Sheldon 230
721721 Section 1, Phase 2 a subdivision of record in Document No. 200600033
722722 of the Official Public Records of Travis County, Texas, a distance
723723 of 2090.63 feet to a 1/2" rebar with Chaparral cap found for the
724724 southwest corner of Block DD of Sheldon 230 Section 1, Phase 2,
725725 being the northwest corner of the 6.125 acre tract;
726726 THENCE South 63°39'27" East, with the north line of the 6.125
727727 acre tract and the south line of Block DD of Sheldon 230 Section 1,
728728 Phase 2, a distance of 375.16 feet to a 1/2" rebar with Chaparral
729729 cap set for the northeast corner of the 6.125 acre tract, being the
730730 northwest corner of a 22.802 acre tract described in Document No.
731731 2007210182 of the Official Public Records of Travis County, Texas;
732732 THENCE South 26°22'18" West, with the east line of the 6.125
733733 acre tract, the west line of the 22.802 acre tract and the west line
734734 of a 7.598 acre tract described in Document No. 2009200351, a
735735 distance 721.24 feet to a 1/2" rebar with Chaparral cap found for
736736 the northeast termination of Slaughter Lane East, described in
737737 Document 2010044359 of the Official Public Records of Travis
738738 County, Texas, being a point in the west line of the 22.802 acre
739739 tract;
740740 THENCE South 26°22'18" West, with the east termination of
741741 Slaughter Lane East and the west line of the 22.802 acre tract, a
742742 distance of 141.81 feet to a 1/2" rebar found for the southeast
743743 termination of Slaughter Lane East, being the southwest corner of
744744 the 22.802 acre tract, the northwest corner of the 22.818 acre tract
745745 and being also the northeast corner of the 6.658 acre tract;
746746 THENCE South 63°41'20" East, with the north line of the 22.818
747747 acre tract and the south line of the 22.802 acre tract, at a
748748 distance of 1246.34 feet passing 1/2" rebar found, in all, a
749749 distance of 1246.85 feet to a calculated point for the northeast
750750 corner of the 22.818 acre tract, being the southeast corner of the
751751 22.802 acre tract, being in the west right-of-way line of an
752752 apparent road;
753753 THENCE with the east line of the 22.818 acre tract and the
754754 west line of the apparent road the following two (2) courses and
755755 distances:
756756 1. South 13°52'34" West, a distance of 157.47 feet to a 1/2" rebar
757757 found;
758758 2. South 27°10'07" West, a distance of 638.82 feet to a 1/2" rebar
759759 with Chaparral cap set for the southeast corner of the 22.818 acre
760760 tract, being in the north right-of-way line of Capitol View Drive
761761 (60' right-of-way width), being also the northeast corner of Lot
762762 15-B, Resubdivision of Lots 14 & 15, Capitol View Estates, a
763763 subdivision of record in Volume 47, Page 100 of the Plat Records of
764764 Travis County, Texas;
765765 THENCE North 62°33'37" West, with the south line of the 22.818
766766 acre tract and the north line of Lot 15-B, a distance of 561.95 feet
767767 to a 1/2" rebar found for the northwest corner of Lot 15-B, being an
768768 angle point in the east line of the 679.66 acre tract;
769769 THENCE South 27°16'23" West, with the east line of the 679.66
770770 acre tract, the west line of the said Resubdivision of Lots 14 & 15,
771771 Capitol View Estates, the west line of Capitol View Estates, the
772772 west line of the Resubdivision of Lots 10, 11, 21, 22 & 23, Capitol
773773 View Estates, a subdivision of record in Volume 48, Page 1 of the
774774 Plat Records of Travis County, Texas, the west line of the
775775 Resubdivision of Lot 5, Capitol View Estates, a subdivision of
776776 record in Volume 55, Page 47 of the Plat Records of Travis County,
777777 Texas, and the west line of the Resubdivision of Lot 4, Capitol View
778778 Estates, a subdivision of record in Volume 58, Page 66 of the Plat
779779 Records of Travis County, Texas, a distance of 4347.40 feet to the
780780 POINT OF BEGINNING, containing 701.655 acres of land, more or less.
781781 SECTION 3. (a) The legal notice of the intention to
782782 introduce this Act, setting forth the general substance of this
783783 Act, has been published as provided by law, and the notice and a
784784 copy of this Act have been furnished to all persons, agencies,
785785 officials, or entities to which they are required to be furnished
786786 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
787787 Government Code.
788788 (b) The governor, one of the required recipients, has
789789 submitted the notice and Act to the Texas Commission on
790790 Environmental Quality.
791791 (c) The Texas Commission on Environmental Quality has filed
792792 its recommendations relating to this Act with the governor,
793793 lieutenant governor, and speaker of the house of representatives
794794 within the required time.
795795 (d) The general law relating to consent by political
796796 subdivisions to the creation of districts with conservation,
797797 reclamation, and road powers and the inclusion of land in those
798798 districts has been complied with.
799799 (e) All requirements of the constitution and laws of this
800800 state and the rules and procedures of the legislature with respect
801801 to the notice, introduction, and passage of this Act have been
802802 fulfilled and accomplished.
803803 SECTION 4. This Act takes effect immediately if it receives
804804 a vote of two-thirds of all the members elected to each house, as
805805 provided by Section 39, Article III, Texas Constitution. If this
806806 Act does not receive the vote necessary for immediate effect, this
807807 Act takes effect September 1, 2013.
808808
809809 Pos. No. Name of Director
810810
811811 1 Sara Partridge
812812
813813 2 Tyler Zickert
814814
815815 3 Ross Rathgeber
816816
817817 4 George Cofer
818818
819819 5 Andrea Rado Hamilton
820820
821821 6 Cile Montgomery
822822
823823 7 Philip Koske