Texas 2013 - 83rd Regular

Texas House Bill HB3901 Compare Versions

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1	1	83R21962 PMO-D
2	2	By: Workman H.B. No. 3901
3	3	Substitute the following for H.B. No. 3901:
4	4	By: Miller of Comal C.S.H.B. No. 3901
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Cascades Municipal Utility District
10	10	No. 1; providing authority to issue bonds; providing authority to
11	11	impose assessments, fees, or taxes.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle F, Title 6, Special District Local Laws
14	14	Code, is amended by adding Chapter 8477 to read as follows:
15	15	CHAPTER 8477. CASCADES MUNICIPAL UTILITY DISTRICT NO. 1
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 8477.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Cascades Municipal Utility
23	23	District No. 1.
24	24	Sec. 8477.002. NATURE OF DISTRICT. The district is a
25	25	municipal utility district created under Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 8477.003. CONFIRMATION AND DIRECTORS' ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect permanent
30	30	directors as provided by Section 49.102, Water Code, and this
31	31	chapter.
32	32	Sec. 8477.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The
33	33	temporary directors may not hold an election under Section 8477.003
34	34	until each municipality in whose corporate limits or
35	35	extraterritorial jurisdiction the district is located has
36	36	consented by ordinance or resolution to the creation of the
37	37	district and to the inclusion of land in the district.
38	38	(b) If a municipality in whose extraterritorial
39	39	jurisdiction the district is located does not consent to the
40	40	creation of the district or if the district does not enter into an
41	41	agreement required by the terms of the municipal ordinance or
42	42	resolution consenting to the creation of the district under this
43	43	section before September 1, 2014:
44	44	(1) the district is dissolved September 1, 2014,
45	45	except that:
46	46	(A) any debts incurred shall be paid;
47	47	(B) any assets that remain after the payment of
48	48	debts shall be transferred to the municipality or another local
49	49	governmental entity to be used for a public purpose; and
50	50	(C) the organization of the district shall be
51	51	maintained until all debts are paid and remaining assets are
52	52	transferred; and
53	53	(2) this chapter expires September 1, 2014.
54	54	Sec. 8477.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
55	55	The district is created to serve a public purpose and benefit.
56	56	(b) The district is created to accomplish the purposes of:
57	57	(1) a municipal utility district as provided by
58	58	general law and Section 59, Article XVI, Texas Constitution; and
59	59	(2) Section 52, Article III, Texas Constitution, that
60	60	relate to the construction, acquisition, improvement, operation,
61	61	or maintenance of macadamized, graveled, or paved roads, or
62	62	improvements, including storm drainage, in aid of those roads.
63	63	Sec. 8477.006. 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	SUBCHAPTER B. BOARD OF DIRECTORS
77	77	Sec. 8477.051. GOVERNING BODY; TERMS. (a) Except as
78	78	provided by Subsection (b), the district is governed by a board of
79	79	elected directors qualified to serve under Section 54.102, Water
80	80	Code.
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 qualified to serve under
85	85	Section 54.102, Water Code; and
86	86	(2) one director appointed by the governing body of
87	87	the municipality who:
88	88	(A) may be a member or other officer of the
89	89	governing body or an employee of the municipality; and
90	90	(B) is not required to be a qualified voter of the
91	91	district or own land subject to taxation in the district.
92	92	(c) The common law doctrine of incompatibility does not
93	93	disqualify a member or other officer of the governing body or
94	94	employee of the municipality from being appointed a director by the
95	95	governing body of a municipality under Subsection (b)(2), and a
96	96	director appointed to the board may continue to serve in a public
97	97	office of or be employed by the municipality.
98	98	(d) Except as provided by Section 8477.052, directors serve
99	99	staggered four-year terms. A permanent director may not serve more
100	100	than two four-year terms.
101	101	Sec. 8477.052. TEMPORARY DIRECTORS. (a) The temporary
102	102	board consists of:
103	103	(1) John R. C. Munn;
104	104	(2) George Roman;
105	105	(3) Allen Gallia;
106	106	(4) Donna Morgan; and
107	107	(5) Charlotte Vick.
108	108	(b) Temporary directors serve until the earlier of:
109	109	(1) the date permanent directors are elected under
110	110	Section 8477.003; or
111	111	(2) the fourth anniversary of the effective date of
112	112	the Act enacting this chapter.
113	113	(c) If permanent directors have not been elected under
114	114	Section 8477.003 and the terms of the temporary directors have
115	115	expired, successor temporary directors shall be appointed or
116	116	reappointed as provided by Subsection (d) to serve terms that
117	117	expire on the earlier of:
118	118	(1) the date permanent directors are elected under
119	119	Section 8477.003; or
120	120	(2) the fourth anniversary of the date of the
121	121	appointment or reappointment.
122	122	(d) If Subsection (c) applies, the owner or owners of a
123	123	majority of the assessed value of the real property in the district
124	124	may submit a petition to the commission requesting that the
125	125	commission appoint as successor temporary directors the five
126	126	persons named in the petition. The commission shall appoint as
127	127	successor temporary directors the five persons named in the
128	128	petition.
129	129	SUBCHAPTER C. POWERS AND DUTIES
130	130	Sec. 8477.101. GENERAL POWERS AND DUTIES. The district has
131	131	the powers and duties necessary to accomplish the purposes for
132	132	which the district is created.
133	133	Sec. 8477.102. MUNICIPAL UTILITY DISTRICT POWERS AND
134	134	DUTIES. The district has the powers and duties provided by the
135	135	general law of this state, including Chapters 49 and 54, Water Code,
136	136	applicable to municipal utility districts created under Section 59,
137	137	Article XVI, Texas Constitution.
138	138	Sec. 8477.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
139	139	Section 52, Article III, Texas Constitution, the district may
140	140	design, acquire, construct, finance, issue bonds for, improve, and
141	141	convey to this state, a county, or a municipality for operation and
142	142	maintenance macadamized, graveled, or paved roads described by
143	143	Section 54.234, Water Code, or improvements, including storm
144	144	drainage, in aid of those roads.
145	145	(b) The district may exercise the powers provided by this
146	146	section without submitting a petition to or obtaining approval from
147	147	the commission as required by Section 54.234, Water Code.
148	148	Sec. 8477.104. APPROVAL OF ROAD PROJECT. (a) The district
149	149	may not undertake a road project authorized by Section 8477.103
150	150	unless:
151	151	(1) each municipality or county that will operate and
152	152	maintain the road has approved the plans and specifications of the
153	153	road project, if a municipality or county will operate and maintain
154	154	the road; or
155	155	(2) the Texas Transportation Commission has approved
156	156	the plans and specifications of the road project, if the state will
157	157	operate and maintain the road.
158	158	(b) Except as provided by Subsection (a), the district is
159	159	not required to obtain approval from the Texas Transportation
160	160	Commission to design, acquire, construct, finance, issue bonds for,
161	161	improve, or convey a road project.
162	162	Sec. 8477.105. COMPLIANCE WITH AND ENFORCEABILITY OF
163	163	MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. (a) The district shall
164	164	comply with all applicable requirements of any ordinance or
165	165	resolution that is adopted under Section 54.016 or 54.0165, Water
166	166	Code, and that consents to the creation of the district or to the
167	167	inclusion of land in the district.
168	168	(b) Any agreement between the district and a municipality
169	169	related to the municipality's consent to the creation of the
170	170	district is valid and enforceable.
171	171	(c) On the issuance of bonds by the district, the district
172	172	is considered to have waived sovereign immunity to suit by a
173	173	municipality for the purpose of adjudicating a claim for breach of
174	174	an agreement described by this section.
175	175	(d) The district and a municipality may contract on terms
176	176	that the board and governing body of the municipality agree will
177	177	further regional cooperation between the district and the
178	178	municipality.
179	179	Sec. 8477.106. NO EMINENT DOMAIN POWER. The district may
180	180	not exercise the power of eminent domain.
181	181	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
182	182	Sec. 8477.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
183	183	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 8477.153.
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. 8477.152. OPERATION AND MAINTENANCE TAX. (a) If
196	196	authorized at an election held under Section 8477.151, 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 8477.105, 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. 8477.153. 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	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
215	215	Sec. 8477.201. AUTHORITY TO ISSUE BONDS AND OTHER
216	216	OBLIGATIONS. The district may issue bonds or other obligations
217	217	payable wholly or partly from ad valorem taxes, impact fees,
218	218	revenue, contract payments, grants, or other district money, or any
219	219	combination of those sources, to pay for any authorized district
220	220	purpose.
221	221	Sec. 8477.202. TAXES FOR BONDS. At the time the district
222	222	issues bonds payable wholly or partly from ad valorem taxes, the
223	223	board shall provide for the annual imposition of a continuing
224	224	direct ad valorem tax, without limit as to rate or amount, while all
225	225	or part of the bonds are outstanding as required and in the manner
226	226	provided by Sections 54.601 and 54.602, Water Code.
227	227	Sec. 8477.203. BONDS FOR ROAD PROJECTS. At the time of
228	228	issuance, the total principal amount of bonds or other obligations
229	229	issued or incurred to finance road projects and payable from ad
230	230	valorem taxes may not exceed one-fourth of the assessed value of the
231	231	real property in the district.
232	232	SUBCHAPTER F. STRATEGIC PARTNERSHIP AGREEMENT; MUNICIPAL
233	233	ANNEXATION AND NOTICE
234	234	Sec. 8477.301. STRATEGIC PARTNERSHIP; CONTINUATION OF
235	235	DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may
236	236	continue to exist as a limited district after full-purpose
237	237	annexation by a municipality if the district and the annexing
238	238	municipality state the terms of the limited district's existence in
239	239	a strategic partnership agreement under Section 43.0751, Local
240	240	Government Code.
241	241	(b) The strategic partnership agreement may provide for a
242	242	term of any number of years. The limitation in Section
243	243	43.0751(g)(2), Local Government Code, on the length of the term
244	244	does not apply to a limited district created under this section.
245	245	Sec. 8477.302. MUNICIPAL ANNEXATION; NOTICE. (a) Sections
246	246	43.0561 and 43.0562, Local Government Code, do not apply to the
247	247	annexation of the district by a municipality that consents to the
248	248	creation of the district under Section 8477.004.
249	249	(b) Not later than the 30th day after the date a
250	250	municipality adopts a resolution or ordinance consenting to the
251	251	creation of the district, the municipality shall file, in the real
252	252	property records of the county in which the land to be included in
253	253	the district is located, a notice to purchasers of real property in
254	254	the district that describes:
255	255	(1) the municipality's authority and intention to
256	256	annex the district; and
257	257	(2) the anticipated date of the annexation.
258	258	(c) After the notice is filed, a person who proposes to sell
259	259	or otherwise convey real property in the district must include the
260	260	information contained in the municipality's notice in the Notice to
261	261	Purchasers required by Section 49.452, Water Code.
262	262	SECTION 2. The Cascades Municipal Utility District No. 1
263	263	initially includes all the territory contained in the following
264	264	area:
265	265	135.796 ACRES, OUT OF THE SANTIAGO DEL VALLE GRANT IN TRAVIS COUNTY,
266	266	TEXAS BEING ALL OF THAT 223.68 ACRES OUT OF THE SANTIAGO DEL VALLE
267	267	GRANT IN TRAVIS COUNTY, TEXAS AND BEING ALL OF A CALLED 117.188 ACRE
268	268	TRACT, ALL OF A CALLED 2.273 ACRE TRACT, ALL OF A CALLED 87.884 ACRE
269	269	TRACT, ALL A OF CALLED 8.17 ACRE TRACT ALL DESCRIBED IN CORRECTION
270	270	JOINT PARTNERSHIP CONTRIBUTION GENERAL WARRANTY DEED TO ONION
271	271	ASSOCIATES, LTD RECORDED IN DOCUMENT NO. 2006236625, ALL OF A
272	272	CALLED 1.9965 ACRE TRACT DESCRIBED IN DOC. NO. 2006146663 ALL OF THE
273	273	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) AND
274	274	6.038 ACRE TRACT OUT OF LOT 1, ST. ALBIN'S ADDITION A SUBDIVISION OF
275	275	RECORD IN CABINET 86, SLIDE 88C OF THE PLAT RECORD OF TRAVIS COUNTY;
276	276	AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
277	277	FOLLOWS:
278	278	BEGINNING at a 1/2" iron rod with cap marked "LANDESIGN" set in the
279	279	existing east right-of-way line of Interstate Highway 35 (IH 35)
280	280	(400' right-of-way width), in the west line of said Lot 1 and in the
281	281	east line of a called 14.771 acre tract described in deed to the
282	282	State of Texas for right-of-way recorded in Volume 1608, Page 170 of
283	283	the D.R.T.C.T.;
284	284	THENCE North 17°32'12" East 1714.84 feet with the west line of said
285	285	Lot 1, the west line of said 1.9965 acres and the east line of said
286	286	87.884 acres and the existing east right-of-way line of IH 35 to a
287	287	calculated point in the center of Onion Creek at the northwest
288	288	corner of the 87.884 acres and the southwest corner of Lot A, Onion
289	289	Creek Section 1-B, a subdivision of record in Book 79, Page 313 of
290	290	the Plat Records of Travis County, Texas;
291	291	THENCE South 75°57'21" East 450.62 feet with the centerline of Onion
292	292	Creek, the north line of the 87.884 acres, the south line of said
293	293	Lot A, and the south line of Lot B, Onion Creek Section 1-C, a
294	294	subdivision of record in Book 79, Page 311 of the Plat Records of
295	295	Travis County, Texas to a calculated point;
296	296	THENCE South 77°12'21" East 334.57 feet with the centerline of Onion
297	297	Creek, the north line of the 87.884 acres, the south line of said
298	298	Lot B, the south line of Lot C, Onion Creek Section 1-D, a
299	299	subdivision of record in Book 79, Page 309 of the Plat Records of
300	300	Travis County, Texas, and the south line of a remainder of a called
301	301	960 acre tract described in deed to Onion Creek Development Company
302	302	recorded in Volume 9111, Page 262 of the D.R.T.C.T. to a calculated
303	303	point;
304	304	THENCE with the centerline of Onion Creek, the north line of the
305	305	87.884 acres, and the south line of said remainder of 960 acres the
306	306	following eight (8) courses:
307	307	1. South 59°56'55" East 220.25 feet to a calculated point;
308	308	2. South 75°15'28" East 402.24 feet to a calculated point;
309	309	3. South 79°40'28" East 357.17 feet to a calculated point;
310	310	4. South 42°47'28" East 114.70 feet to a calculated point;
311	311	5. South 60°30'58" East 308.12 feet to a calculated point;
312	312	6. South 03°38'28" East 131.00 feet to a calculated point;
313	313	7. South 27°58'28" East 206.00 feet to a calculated point;
314	314	8. South 56°44'22" East 249.40 feet to a calculated point at
315	315	the northeast corner of the 87.884 acres and the northwest corner of
316	316	said 117.188 acres;
317	317	THENCE with the centerline of Onion Creek, the north line of the
318	318	117.188 acres, and the south line of said remainder of 960 acres the
319	319	following four (4) courses:
320	320	1. South 61°45'03" East 450.70 feet to a calculated point;
321	321	2. South 53°04'03" East 251.84 feet to a calculated point;
322	322	3. South 45°15'03" East 186.54 feet to a calculated point;
323	323	4. South 65°01'55 East 50.33 feet to a calculated point at
324	324	the northeast corner of the 117.188 acres and the northwest corner
325	325	of a called 64 acre tract described as First Tract in deed to
326	326	Richard D. Spillman recorded in Volume 6287, Page 218 of the
327	327	D.R.T.C.T.;
328	328	THENCE South 27°48'54" West, passing a capped iron rod stamped "RPLS
329	329	4091" at 58.94 feet and continuing a total distance of 838.63 feet
330	330	with the east line of the 117.188 acres and the west line of the 64
331	331	acres to a to a 1/2" iron rod found;
332	332	THENCE South 27°33'39" West 498.18 feet continuing with the east
333	333	line of the 117.188 acres and the west line of the 64 acres to a 7/8"
334	334	iron rod found at the southwest corner of the 64 acres;
335	335	THENCE South 74°32'31" East 1128.82 feet with the north line of the
336	336	117.188 acres and the south line of the 64 acres to a 5/8" iron rod
337	337	found at the northwest corner of a called 24.60 acre tract described
338	338	in said deed to Richard D. Spillman recorded in Volume 6287, Page
339	339	218 of the D.R.T.C.T.;
340	340	THENCE South 27°34'11" West 2048.99 feet with the east line of the
341	341	117.188 acres and the west line of the 24.60 acres to a 1/2" iron rod
342	342	found at the southeast corner of the 117.188 acres, the southwest
343	343	corner of the 24.60 acres, and in the north line of a called 30 acre
344	344	tract described as part of the Fifth Tract in said deed to Richard
345	345	D. Spillman recorded in Volume 6287, Page 218 of the D.R.T.C.T.;
346	346	THENCE North 62°29'14" West 1103.84 feet with the south line of the
347	347	117.188 acres and the north line of the 30 acres to a 1/2" iron rod
348	348	found at the northwest corner of the 30 acres and the northeast
349	349	corner of a called 30.5 acre tract described as part of the Fifth
350	350	Tract in said deed to Richard D. Spillman recorded in Volume 6287,
351	351	Page 218 of the D.R.T.C.T.;
352	352	THENCE North 65°21'21" West 458.13 feet with the south line of the
353	353	117.188 acres and the north line of the 30.5 acres to a 1/2" iron rod
354	354	found;
355	355	THENCE North 65°40'34" West 449.66 feet continuing with the south
356	356	line of the 117.188 acres and the north line of the 30.5 acres to a
357	357	1/2" iron rod with cap stamped "LANDESIGN" found at the southwest
358	358	corner of the 117.188 acres and the southeast corner of a called 27
359	359	acre tract described as part of the Fifth Tract in said deed to
360	360	Richard D. Spillman recorded in Volume 6287, Page 218 of the
361	361	D.R.T.C.T.;
362	362	THENCE North 27°19'41" East 1665.86 feet with the west line of the
363	363	117.188 acres and the east line of the 27 acres to a 60-d found in a
364	364	hackberry tree;
365	365	THENCE North 27°22'02" East 188.61 feet with the west line of the
366	366	117.188 acres and the east line of the 27 acres to a 1/2" iron rod
367	367	found;
368	368	THENCE North 25°45'46" East 233.22 feet continuing with the west
369	369	line of the 117.188 acres and the east line of the 27 acres to a 1/2"
370	370	iron rod found at the southwest corner of the 87.884 acres and the
371	371	northeast corner of a the 27 acres;
372	372	THENCE North 74°02'03" West 712.31 feet with the south line of the
373	373	87.884 acres and the north line of the 27 acres to a 1/2" iron rod
374	374	with cap stamped "LANDESIGN" set;
375	375	THENCE North 73°53'51" West 10.10 feet with the south line of the
376	376	87.884 acres and the north line of the 27 acres to a 1/2" iron rod
377	377	with cap stamped "LANDESIGN" set at the northwest corner of the 27
378	378	acres and the northeast corner of the said 2.273 acres;
379	379	THENCE with the east line of the 2.273 acres and the west line of the
380	380	27 acres the following three (3) courses:
381	381	1. South 41°45'45" West 8.27 feet to a 1/2" iron rod with cap
382	382	marked "LANDESIGN" set;
383	383	2. South 81°26'45" West 95.67 feet to a 1/2" iron rod with
384	384	cap marked "LANDESIGN" set;
385	385	3. South 02°46'45" West 125.27 feet to a 1/2" iron rod found
386	386	at the southeast corner of the 2.273 acres and the northeast corner
387	387	of a called 8.17 acre tract described in deed to Onion Associates,
388	388	LTD recorded in Document No. 2006236625 of the O.P.R.T.C.T.;
389	389	THENCE with the east line of said 8.17 acre tract, the west line of
390	390	said 27 acres and with the center of ravine the following seven (7)
391	391	courses:
392	392	1. South 02°45'21" West a distance of 183.65 feet to a 1/2
393	393	inch iron rebar with cap marked "LANDESIGN" set;
394	394	2. South 30°23'21" West a distance of 196.83 feet to a 1/2
395	395	inch iron rebar with cap marked "LANDESIGN" set;
396	396	3. South 54°24'14" West a distance of 69.90 feet to a 1/2
397	397	inch iron rebar with cap marked "LANDESIGN" set;
398	398	4. South 19°24'02 West a distance of 23.32 feet to a 1/2 inch
399	399	iron rebar with cap marked "LANDESIGN" set;
400	400	5. South 38°57'02" East a distance of 47.93 feet to a 1/2
401	401	inch iron rebar with cap marked "LANDESIGN" set;
402	402	6. South 16°41'39" West a distance of 57.49 feet to a 1/2
403	403	inch iron rebar with cap marked "LANDESIGN" set;
404	404	7. South 35°10'00" West a distance of 61.07 feet to a 1/2
405	405	inch iron rebar found for the southeast corner of said 8.17 acre
406	406	tract and the northeast corner of a called 58.3885 acre tract
407	407	described as Tract 1 conveyed to South IH 35 Investors, LP. of
408	408	record in Document No. 2006214573 of the Official Public Records of
409	409	Travis County Texas;
410	410	THENCE North 66°56'45" West with the south line of said 8.17 acre
411	411	tract and the north line of said Tract 1 passing the southeast
412	412	corner of said Tract 1 and the southwest corner of said Lot 1 at
413	413	580.62 feet a continuing a total distance of 866.80 feet to a 1/2"
414	414	iron rod with cap marked "LANDESIGN" set;
415	415	THENCE crossing through said Lot 1 the following two (2) courses:
416	416	1. North 17°51'38" East a distance of 576.13 feet to a 1/2"
417	417	iron rod with cap marked "LANDESIGN" set;
418	418	2. North 73°51'44" West a distance of 725.16 feet to the
419	419	POINT OF BEGINNING.
420	420	SAVE LESS AND EXCEPT THE 87.884 ACRE TRACT OR PARCEL THEREOF
421	421	DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
422	422	BEGINNING at a 1/2" iron pin found at the Southeast corner of said
423	423	26.00 acre tract, being in the West line of that certain 117.20 acre
424	424	tract of land described in Volume 12150, Page 1255 of the Real
425	425	Property Records of Travis County, Texas, for the Southeast corner
426	426	and PLACE OF BEGINNING hereof;
427	427	THENCE along the South line of said 26.00 acre tract, N 71°11'45" W
428	428	for a distance of 712.31 feet to a 1/2 inch capped iron pin set at
429	429	the Northeast corner of that certain 2.2272 acre tract of land
430	430	described in Volume 9261, Page 714 of the Real Property Records of
431	431	Travis County, Texas;
432	432	THENCE along the North line of said 2.2272 acre tract, N 71°03'33" W
433	433	for a distance of 173.66 feet to a 1/2 inch iron pin found and N
434	434	67°01'32" W for a distance of 678.95 feet to a 1/2 inch iron pin
435	435	found at the Northwest corner of said 2.2272 acre tract, being in
436	436	the South line of said 63.45 acre tract;
437	437	THENCE along the South line of said 63.45 acre tract, N 33°32'38" W
438	438	for a distance of 145.29 feet to a 1/2 inch iron pin found at N
439	439	71°03'16" W for a distance of 698.93 feet to a 1/2 inch capped iron
440	440	pin set at the Southwest corner of said 63.45 acre tract, being on
441	441	the East r.o.w line of Interstate Hwy. No. 35, for the Southwest
442	442	corner hereof;
443	443	THENCE along the West line of said 63.45 acre tract, being along the
444	444	East r.o.w. line of Interstate Hwy. No. 35, N 20°25'54" E for a
445	445	distance of 1499.77 to an "X" found cut in rock in the approximate
446	446	centerline of Onion Creek, being at the Northwest corner of said
447	447	63.45 acre tract, being at the Southwest corner of Onion Creek
448	448	Section 1-B, a subdivision recorded in Plat Book 79, Page 313 of the
449	449	Plat Records of Travis County, Texas, for the Northwest corner
450	450	hereof;
451	451	THENCE along the North lines of said 63.45 acre tract and 26.00 acre
452	452	tract, being along the approximate centerline of Onion Creek for
453	453	the following courses:
454	454	1. S 73°04'00" E for a distance of 450.65 feet to an angle
455	455	point
456	456	2. S 74°19'00" E for a distance of 334.57 feet to an angle
457	457	point
458	458	3. S 57°11'00" E for a distance of 216.95 feet to an angle
459	459	point
460	460	4. S 72°26'00" E for a distance of 402.24 feet to an angle
461	461	point
462	462	5. S 76°51'00" E for a distance of 357.17 feet to an angle
463	463	point
464	464	6. S 39°52'00" E for a distance of 114.70 feet to an angle
465	465	point
466	466	7. S 57°41'30" E for a distance of 308.12 feet to an angle
467	467	point
468	468	8. S 00°49'00" E for a distance of 131.00 feet to an angle
469	469	point
470	470	9. S 25°09'00" E for a distance of 206.00 feet to an angle
471	471	point
472	472	10. S 53°57'45" E for a distance of 249.20 feet to the
473	473	Northeast corner of said 26.00 acre tract, being at the Northwest
474	474	corner of said 117.20 acre tract, for the Northeast corner hereof;
475	475	THENCE along the East line of said 26.00 acre tract, being along the
476	476	West line of said 117.20 acre tract for the following courses:
477	477	1. S 35°25'22" W for a distance of 55.37 feet to a 1/2 inch
478	478	iron pin found
479	479	2. S 29°42'53" W for a distance of 874.40 feet to a 1/2 inch
480	480	iron pin found
481	481	3. S 30°58'12" W for a distance of 281.26 feet to the PLACE OF
482	482	BEGINNING and containing 87.884 acres of land, more or less.
483	483	SECTION 3. (a) The legal notice of the intention to
484	484	introduce this Act, setting forth the general substance of this
485	485	Act, has been published as provided by law, and the notice and a
486	486	copy of this Act have been furnished to all persons, agencies,
487	487	officials, or entities to which they are required to be furnished
488	488	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
489	489	Government Code.
490	490	(b) The governor, one of the required recipients, has
491	491	submitted the notice and Act to the Texas Commission on
492	492	Environmental Quality.
493	493	(c) The Texas Commission on Environmental Quality has filed
494	494	its recommendations relating to this Act with the governor, the
495	495	lieutenant governor, and the speaker of the house of
496	496	representatives within the required time.
497	497	(d) All requirements of the constitution and laws of this
498	498	state and the rules and procedures of the legislature with respect
499	499	to the notice, introduction, and passage of this Act are fulfilled
500	500	and accomplished.
501	501	SECTION 4. This Act takes effect immediately if it receives
502	502	a vote of two-thirds of all the members elected to each house, as
503	503	provided by Section 39, Article III, Texas Constitution. If this
504	504	Act does not receive the vote necessary for immediate effect, this
505	505	Act takes effect September 1, 2013.