Texas 2013 - 83rd Regular

Texas Senate Bill SB1867 Compare Versions

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1	1	By: Campbell S.B. No. 1867
2	2	(Workman)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Cascades Municipal Utility District
8	8	No. 1; providing authority to issue bonds; providing authority to
9	9	impose assessments, fees, or taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8477 to read as follows:
13	13	CHAPTER 8477. CASCADES MUNICIPAL UTILITY DISTRICT NO. 1
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8477.001. 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 Cascades Municipal Utility
21	21	District No. 1.
22	22	Sec. 8477.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8477.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect permanent
28	28	directors as provided by Section 49.102, Water Code, and this
29	29	chapter.
30	30	Sec. 8477.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The
31	31	temporary directors may not hold an election under Section 8477.003
32	32	until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	(b) If a municipality in whose extraterritorial
37	37	jurisdiction the district is located does not consent to the
38	38	creation of the district or if the district does not enter into an
39	39	agreement required by the terms of the municipal ordinance or
40	40	resolution consenting to the creation of the district under this
41	41	section before September 1, 2014:
42	42	(1) the district is dissolved September 1, 2014,
43	43	except that:
44	44	(A) any debts incurred shall be paid;
45	45	(B) any assets that remain after the payment of
46	46	debts shall be transferred to the municipality or another local
47	47	governmental entity to be used for a public purpose; and
48	48	(C) the organization of the district shall be
49	49	maintained until all debts are paid and remaining assets are
50	50	transferred; and
51	51	(2) this chapter expires September 1, 2014.
52	52	Sec. 8477.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
53	53	(a) The district is created to serve a public purpose and benefit.
54	54	(b) The district is created to accomplish the purposes of:
55	55	(1) a municipal utility district as provided by
56	56	general law and Section 59, Article XVI, Texas Constitution; and
57	57	(2) Section 52, Article III, Texas Constitution, that
58	58	relate to the construction, acquisition, improvement, operation,
59	59	or maintenance of macadamized, graveled, or paved roads, or
60	60	improvements, including storm drainage, in aid of those roads.
61	61	Sec. 8477.006. INITIAL DISTRICT TERRITORY. (a) The
62	62	district is initially composed of the territory described by
63	63	Section 2 of the Act enacting this chapter.
64	64	(b) The boundaries and field notes contained in Section 2 of
65	65	the Act enacting this chapter form a closure. A mistake made in the
66	66	field notes or in copying the field notes in the legislative process
67	67	does not affect the district's:
68	68	(1) organization, existence, or validity;
69	69	(2) right to issue any type of bond for the purposes
70	70	for which the district is created or to pay the principal of and
71	71	interest on a bond;
72	72	(3) right to impose a tax; or
73	73	(4) legality or operation.
74	74	SUBCHAPTER B. BOARD OF DIRECTORS
75	75	Sec. 8477.051. GOVERNING BODY; TERMS. (a) Except as
76	76	provided by Subsection (b), the district is governed by a board of
77	77	elected directors qualified to serve under Section 54.102, Water
78	78	Code.
79	79	(b) If required under the terms of the agreement, ordinance,
80	80	or resolution by which a municipality consents to the creation of
81	81	the district, the board consists of:
82	82	(1) four elected directors qualified to serve under
83	83	Section 54.102, Water Code; and
84	84	(2) one director appointed by the governing body of
85	85	the municipality who:
86	86	(A) may be a member or other officer of the
87	87	governing body or an employee of the municipality; and
88	88	(B) is not required to be a qualified voter of the
89	89	district or own land subject to taxation in the district.
90	90	(c) The common law doctrine of incompatibility does not
91	91	disqualify a member or other officer of the governing body or
92	92	employee of the municipality from being appointed a director by the
93	93	governing body of a municipality under Subsection (b)(2), and a
94	94	director appointed to the board may continue to serve in a public
95	95	office of or be employed by the municipality.
96	96	(d) Except as provided by Section 8477.052, directors serve
97	97	staggered four-year terms. A permanent director may not serve more
98	98	than two four-year terms.
99	99	Sec. 8477.052. TEMPORARY DIRECTORS. (a) The temporary
100	100	board consists of:
101	101	(1) John R. C. Munn;
102	102	(2) George Roman;
103	103	(3) Allen Gallia;
104	104	(4) Donna Morgan; and
105	105	(5) Charlotte Vick.
106	106	(b) Temporary directors serve until the earlier of:
107	107	(1) the date permanent directors are elected under
108	108	Section 8477.003; 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 8477.003 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 8477.003; 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	SUBCHAPTER C. POWERS AND DUTIES
128	128	Sec. 8477.101. GENERAL POWERS AND DUTIES. The district has
129	129	the powers and duties necessary to accomplish the purposes for
130	130	which the district is created.
131	131	Sec. 8477.102. MUNICIPAL UTILITY DISTRICT POWERS AND
132	132	DUTIES. The district has the powers and duties provided by the
133	133	general law of this state, including Chapters 49 and 54, Water Code,
134	134	applicable to municipal utility districts created under Section 59,
135	135	Article XVI, Texas Constitution.
136	136	Sec. 8477.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
137	137	Section 52, Article III, Texas Constitution, the district may
138	138	design, acquire, construct, finance, issue bonds for, improve, and
139	139	convey to this state, a county, or a municipality for operation and
140	140	maintenance macadamized, graveled, or paved roads described by
141	141	Section 54.234, Water Code, or improvements, including storm
142	142	drainage, in aid of those roads.
143	143	(b) The district may exercise the powers provided by this
144	144	section without submitting a petition to or obtaining approval from
145	145	the commission as required by Section 54.234, Water Code.
146	146	Sec. 8477.104. APPROVAL OF ROAD PROJECT. (a) The district
147	147	may not undertake a road project authorized by Section 8477.103
148	148	unless:
149	149	(1) each municipality or county that will operate and
150	150	maintain the road has approved the plans and specifications of the
151	151	road project, if a municipality or county will operate and maintain
152	152	the road; or
153	153	(2) the Texas Transportation Commission has approved
154	154	the plans and specifications of the road project, if the state will
155	155	operate and maintain the road.
156	156	(b) Except as provided by Subsection (a), the district is
157	157	not required to obtain approval from the Texas Transportation
158	158	Commission to design, acquire, construct, finance, issue bonds for,
159	159	improve, or convey a road project.
160	160	Sec. 8477.105. COMPLIANCE WITH AND ENFORCEABILITY OF
161	161	MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. (a) The district shall
162	162	comply with all applicable requirements of any ordinance or
163	163	resolution that is adopted under Section 54.016 or 54.0165, Water
164	164	Code, and that consents to the creation of the district or to the
165	165	inclusion of land in the district.
166	166	(b) Any agreement between the district and a municipality
167	167	related to the municipality's consent to the creation of the
168	168	district is valid and enforceable.
169	169	(c) On the issuance of bonds by the district, the district
170	170	is considered to have waived sovereign immunity to suit by a
171	171	municipality for the purpose of adjudicating a claim for breach of
172	172	an agreement described by this section.
173	173	(d) The district and a municipality may contract on terms
174	174	that the board and governing body of the municipality agree will
175	175	further regional cooperation between the district and the
176	176	municipality.
177	177	Sec. 8477.106. NO EMINENT DOMAIN POWER. The district may
178	178	not exercise the power of eminent domain.
179	179	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
180	180	Sec. 8477.151. ELECTIONS REGARDING TAXES OR BONDS.
181	181	(a) The district may issue, without an election, bonds and other
182	182	obligations secured by:
183	183	(1) revenue other than ad valorem taxes; or
184	184	(2) contract payments described by Section 8477.153.
185	185	(b) The district must hold an election in the manner
186	186	provided by Chapters 49 and 54, Water Code, to obtain voter approval
187	187	before the district may impose an ad valorem tax or issue bonds
188	188	payable from ad valorem taxes.
189	189	(c) The district may not issue bonds payable from ad valorem
190	190	taxes to finance a road project unless the issuance is approved by a
191	191	vote of a two-thirds majority of the district voters voting at an
192	192	election held for that purpose.
193	193	Sec. 8477.152. OPERATION AND MAINTENANCE TAX. (a) If
194	194	authorized at an election held under Section 8477.151, the district
195	195	may impose an operation and maintenance tax on taxable property in
196	196	the district in accordance with Section 49.107, Water Code.
197	197	(b) The board shall determine the tax rate. The rate may not
198	198	exceed the rate approved at the election.
199	199	(c) If required by an agreement between the district and a
200	200	municipality under Section 8477.105, the total ad valorem tax rate
201	201	of the district may not be less than the total ad valorem tax rate of
202	202	the municipality.
203	203	Sec. 8477.153. CONTRACT TAXES. (a) In accordance with
204	204	Section 49.108, Water Code, the district may impose a tax other than
205	205	an operation and maintenance tax and use the revenue derived from
206	206	the tax to make payments under a contract after the provisions of
207	207	the contract have been approved by a majority of the district voters
208	208	voting at an election held for that purpose.
209	209	(b) A contract approved by the district voters may contain a
210	210	provision stating that the contract may be modified or amended by
211	211	the board without further voter approval.
212	212	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
213	213	Sec. 8477.201. AUTHORITY TO ISSUE BONDS AND OTHER
214	214	OBLIGATIONS. The district may issue bonds or other obligations
215	215	payable wholly or partly from ad valorem taxes, impact fees,
216	216	revenue, contract payments, grants, or other district money, or any
217	217	combination of those sources, to pay for any authorized district
218	218	purpose.
219	219	Sec. 8477.202. TAXES FOR BONDS. At the time the district
220	220	issues bonds payable wholly or partly from ad valorem taxes, the
221	221	board shall provide for the annual imposition of a continuing
222	222	direct ad valorem tax, without limit as to rate or amount, while all
223	223	or part of the bonds are outstanding as required and in the manner
224	224	provided by Sections 54.601 and 54.602, Water Code.
225	225	Sec. 8477.203. BONDS FOR ROAD PROJECTS. At the time of
226	226	issuance, the total principal amount of bonds or other obligations
227	227	issued or incurred to finance road projects and payable from ad
228	228	valorem taxes may not exceed one-fourth of the assessed value of the
229	229	real property in the district.
230	230	SUBCHAPTER F. STRATEGIC PARTNERSHIP AGREEMENT; MUNICIPAL
231	231	ANNEXATION AND NOTICE
232	232	Sec. 8477.301. STRATEGIC PARTNERSHIP; CONTINUATION OF
233	233	DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may
234	234	continue to exist as a limited district after full-purpose
235	235	annexation by a municipality if the district and the annexing
236	236	municipality state the terms of the limited district's existence in
237	237	a strategic partnership agreement under Section 43.0751, Local
238	238	Government Code.
239	239	(b) The strategic partnership agreement may provide for a
240	240	term of any number of years. The limitation in Section
241	241	43.0751(g)(2), Local Government Code, on the length of the term
242	242	does not apply to a limited district created under this section.
243	243	Sec. 8477.302. MUNICIPAL ANNEXATION; NOTICE.
244	244	(a) Sections 43.0561 and 43.0562, Local Government Code, do not
245	245	apply to the annexation of the district by a municipality that
246	246	consents to the creation of the district under Section 8477.004.
247	247	(b) Not later than the 30th day after the date a
248	248	municipality adopts a resolution or ordinance consenting to the
249	249	creation of the district, the municipality shall file, in the real
250	250	property records of the county in which the land to be included in
251	251	the district is located, a notice to purchasers of real property in
252	252	the district that describes:
253	253	(1) the municipality's authority and intention to
254	254	annex the district; and
255	255	(2) the anticipated date of the annexation.
256	256	(c) After the notice is filed, a person who proposes to sell
257	257	or otherwise convey real property in the district must include the
258	258	information contained in the municipality's notice in the Notice to
259	259	Purchasers required by Section 49.452, Water Code.
260	260	SECTION 2. The Cascades Municipal Utility District No. 1
261	261	initially includes all the territory contained in the following
262	262	area:
263	263	135.796 ACRES, OUT OF THE SANTIAGO DEL VALLE GRANT IN TRAVIS COUNTY,
264	264	TEXAS BEING ALL OF THAT 223.68 ACRES OUT OF THE SANTIAGO DEL VALLE
265	265	GRANT IN TRAVIS COUNTY, TEXAS AND BEING ALL OF A CALLED 117.188 ACRE
266	266	TRACT, ALL OF A CALLED 2.273 ACRE TRACT, ALL OF A CALLED 87.884 ACRE
267	267	TRACT, ALL A OF CALLED 8.17 ACRE TRACT ALL DESCRIBED IN CORRECTION
268	268	JOINT PARTNERSHIP CONTRIBUTION GENERAL WARRANTY DEED TO ONION
269	269	ASSOCIATES, LTD RECORDED IN DOCUMENT NO. 2006236625, ALL OF A
270	270	CALLED 1.9965 ACRE TRACT DESCRIBED IN DOC. NO. 2006146663 ALL OF THE
271	271	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) AND
272	272	6.038 ACRE TRACT OUT OF LOT 1, ST. ALBIN'S ADDITION A SUBDIVISION OF
273	273	RECORD IN CABINET 86, SLIDE 88C OF THE PLAT RECORD OF TRAVIS COUNTY;
274	274	AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
275	275	FOLLOWS:
276	276	BEGINNING at a 1/2" iron rod with cap marked "LANDESIGN" set in the
277	277	existing east right-of-way line of Interstate Highway 35 (IH 35)
278	278	(400' right-of-way width), in the west line of said Lot 1 and in the
279	279	east line of a called 14.771 acre tract described in deed to the
280	280	State of Texas for right-of-way recorded in Volume 1608, Page 170 of
281	281	the D.R.T.C.T.;
282	282	THENCE North 17°32'12" East 1714.84 feet with the west line of said
283	283	Lot 1, the west line of said 1.9965 acres and the east line of said
284	284	87.884 acres and the existing east right-of-way line of IH 35 to a
285	285	calculated point in the center of Onion Creek at the northwest
286	286	corner of the 87.884 acres and the southwest corner of Lot A, Onion
287	287	Creek Section 1-B, a subdivision of record in Book 79, Page 313 of
288	288	the Plat Records of Travis County, Texas;
289	289	THENCE South 75°57'21" East 450.62 feet with the centerline of Onion
290	290	Creek, the north line of the 87.884 acres, the south line of said
291	291	Lot A, and the south line of Lot B, Onion Creek Section 1-C, a
292	292	subdivision of record in Book 79, Page 311 of the Plat Records of
293	293	Travis County, Texas to a calculated point;
294	294	THENCE South 77°12'21" East 334.57 feet with the centerline of Onion
295	295	Creek, the north line of the 87.884 acres, the south line of said
296	296	Lot B, the south line of Lot C, Onion Creek Section 1-D, a
297	297	subdivision of record in Book 79, Page 309 of the Plat Records of
298	298	Travis County, Texas, and the south line of a remainder of a called
299	299	960 acre tract described in deed to Onion Creek Development Company
300	300	recorded in Volume 9111, Page 262 of the D.R.T.C.T. to a calculated
301	301	point;
302	302	THENCE with the centerline of Onion Creek, the north line of the
303	303	87.884 acres, and the south line of said remainder of 960 acres the
304	304	following eight (8) courses:
305	305	1. South 59°56'55" East 220.25 feet to a calculated point;
306	306	2. South 75°15'28" East 402.24 feet to a calculated point;
307	307	3. South 79°40'28" East 357.17 feet to a calculated point;
308	308	4. South 42°47'28" East 114.70 feet to a calculated point;
309	309	5. South 60°30'58" East 308.12 feet to a calculated point;
310	310	6. South 03°38'28" East 131.00 feet to a calculated point;
311	311	7. South 27°58'28" East 206.00 feet to a calculated point;
312	312	8. South 56°44'22" East 249.40 feet to a calculated point at
313	313	the northeast corner of the 87.884 acres and the northwest corner of
314	314	said 117.188 acres;
315	315	THENCE with the centerline of Onion Creek, the north line of the
316	316	117.188 acres, and the south line of said remainder of 960 acres the
317	317	following four (4) courses:
318	318	1. South 61°45'03" East 450.70 feet to a calculated point;
319	319	2. South 53°04'03" East 251.84 feet to a calculated point;
320	320	3. South 45°15'03" East 186.54 feet to a calculated point;
321	321	4. South 65°01'55 East 50.33 feet to a calculated point at
322	322	the northeast corner of the 117.188 acres and the northwest corner
323	323	of a called 64 acre tract described as First Tract in deed to
324	324	Richard D. Spillman recorded in Volume 6287, Page 218 of the
325	325	D.R.T.C.T.;
326	326	THENCE South 27°48'54" West, passing a capped iron rod stamped "RPLS
327	327	4091" at 58.94 feet and continuing a total distance of 838.63 feet
328	328	with the east line of the 117.188 acres and the west line of the 64
329	329	acres to a to a 1/2" iron rod found;
330	330	THENCE South 27°33'39" West 498.18 feet continuing with the east
331	331	line of the 117.188 acres and the west line of the 64 acres to a 7/8"
332	332	iron rod found at the southwest corner of the 64 acres;
333	333	THENCE South 74°32'31" East 1128.82 feet with the north line of the
334	334	117.188 acres and the south line of the 64 acres to a 5/8" iron rod
335	335	found at the northwest corner of a called 24.60 acre tract described
336	336	in said deed to Richard D. Spillman recorded in Volume 6287, Page
337	337	218 of the D.R.T.C.T.;
338	338	THENCE South 27°34'11" West 2048.99 feet with the east line of the
339	339	117.188 acres and the west line of the 24.60 acres to a 1/2" iron rod
340	340	found at the southeast corner of the 117.188 acres, the southwest
341	341	corner of the 24.60 acres, and in the north line of a called 30 acre
342	342	tract described as part of the Fifth Tract in said deed to Richard
343	343	D. Spillman recorded in Volume 6287, Page 218 of the D.R.T.C.T.;
344	344	THENCE North 62°29'14" West 1103.84 feet with the south line of the
345	345	117.188 acres and the north line of the 30 acres to a 1/2" iron rod
346	346	found at the northwest corner of the 30 acres and the northeast
347	347	corner of a called 30.5 acre tract described as part of the Fifth
348	348	Tract in said deed to Richard D. Spillman recorded in Volume 6287,
349	349	Page 218 of the D.R.T.C.T.;
350	350	THENCE North 65°21'21" West 458.13 feet with the south line of the
351	351	117.188 acres and the north line of the 30.5 acres to a 1/2" iron rod
352	352	found;
353	353	THENCE North 65°40'34" West 449.66 feet continuing with the south
354	354	line of the 117.188 acres and the north line of the 30.5 acres to a
355	355	1/2" iron rod with cap stamped "LANDESIGN" found at the southwest
356	356	corner of the 117.188 acres and the southeast corner of a called 27
357	357	acre tract described as part of the Fifth Tract in said deed to
358	358	Richard D. Spillman recorded in Volume 6287, Page 218 of the
359	359	D.R.T.C.T.;
360	360	THENCE North 27°19'41" East 1665.86 feet with the west line of the
361	361	117.188 acres and the east line of the 27 acres to a 60-d found in a
362	362	hackberry tree;
363	363	THENCE North 27°22'02" East 188.61 feet with the west line of the
364	364	117.188 acres and the east line of the 27 acres to a 1/2" iron rod
365	365	found;
366	366	THENCE North 25°45'46" East 233.22 feet continuing with the west
367	367	line of the 117.188 acres and the east line of the 27 acres to a 1/2"
368	368	iron rod found at the southwest corner of the 87.884 acres and the
369	369	northeast corner of a the 27 acres;
370	370	THENCE North 74°02'03" West 712.31 feet with the south line of the
371	371	87.884 acres and the north line of the 27 acres to a 1/2" iron rod
372	372	with cap stamped "LANDESIGN" set;
373	373	THENCE North 73°53'51" West 10.10 feet with the south line of the
374	374	87.884 acres and the north line of the 27 acres to a 1/2" iron rod
375	375	with cap stamped "LANDESIGN" set at the northwest corner of the 27
376	376	acres and the northeast corner of the said 2.273 acres;
377	377	THENCE with the east line of the 2.273 acres and the west line of the
378	378	27 acres the following three (3) courses:
379	379	1. South 41°45'45" West 8.27 feet to a 1/2" iron rod with cap
380	380	marked "LANDESIGN" set;
381	381	2. South 81°26'45" West 95.67 feet to a 1/2" iron rod with
382	382	cap marked "LANDESIGN" set;
383	383	3. South 02°46'45" West 125.27 feet to a 1/2" iron rod found
384	384	at the southeast corner of the 2.273 acres and the northeast corner
385	385	of a called 8.17 acre tract described in deed to Onion Associates,
386	386	LTD recorded in Document No. 2006236625 of the O.P.R.T.C.T.;
387	387	THENCE with the east line of said 8.17 acre tract, the west line of
388	388	said 27 acres and with the center of ravine the following seven (7)
389	389	courses:
390	390	1. South 02°45'21" West a distance of 183.65 feet to a 1/2
391	391	inch iron rebar with cap marked "LANDESIGN" set;
392	392	2. South 30°23'21" West a distance of 196.83 feet to a 1/2
393	393	inch iron rebar with cap marked "LANDESIGN" set;
394	394	3. South 54°24'14" West a distance of 69.90 feet to a 1/2
395	395	inch iron rebar with cap marked "LANDESIGN" set;
396	396	4. South 19°24'02 West a distance of 23.32 feet to a 1/2 inch
397	397	iron rebar with cap marked "LANDESIGN" set;
398	398	5. South 38°57'02" East a distance of 47.93 feet to a 1/2
399	399	inch iron rebar with cap marked "LANDESIGN" set;
400	400	6. South 16°41'39" West a distance of 57.49 feet to a 1/2
401	401	inch iron rebar with cap marked "LANDESIGN" set;
402	402	7. South 35°10'00" West a distance of 61.07 feet to a 1/2
403	403	inch iron rebar found for the southeast corner of said 8.17 acre
404	404	tract and the northeast corner of a called 58.3885 acre tract
405	405	described as Tract 1 conveyed to South IH 35 Investors, LP. of
406	406	record in Document No. 2006214573 of the Official Public Records of
407	407	Travis County Texas;
408	408	THENCE North 66°56'45" West with the south line of said 8.17 acre
409	409	tract and the north line of said Tract 1 passing the southeast
410	410	corner of said Tract 1 and the southwest corner of said Lot 1 at
411	411	580.62 feet a continuing a total distance of 866.80 feet to a 1/2"
412	412	iron rod with cap marked "LANDESIGN" set;
413	413	THENCE crossing through said Lot 1 the following two (2) courses:
414	414	1. North 17°51'38" East a distance of 576.13 feet to a 1/2"
415	415	iron rod with cap marked "LANDESIGN" set;
416	416	2. North 73°51'44" West a distance of 725.16 feet to the
417	417	POINT OF BEGINNING.
418	418	SAVE LESS AND EXCEPT THE 87.884 ACRE TRACT OR PARCEL THEREOF
419	419	DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
420	420	BEGINNING at a 1/2" iron pin found at the Southeast corner of said
421	421	26.00 acre tract, being in the West line of that certain 117.20 acre
422	422	tract of land described in Volume 12150, Page 1255 of the Real
423	423	Property Records of Travis County, Texas, for the Southeast corner
424	424	and PLACE OF BEGINNING hereof;
425	425	THENCE along the South line of said 26.00 acre tract, N 71°11'45" W
426	426	for a distance of 712.31 feet to a 1/2 inch capped iron pin set at
427	427	the Northeast corner of that certain 2.2272 acre tract of land
428	428	described in Volume 9261, Page 714 of the Real Property Records of
429	429	Travis County, Texas;
430	430	THENCE along the North line of said 2.2272 acre tract, N 71°03'33" W
431	431	for a distance of 173.66 feet to a 1/2 inch iron pin found and N
432	432	67°01'32" W for a distance of 678.95 feet to a 1/2 inch iron pin
433	433	found at the Northwest corner of said 2.2272 acre tract, being in
434	434	the South line of said 63.45 acre tract;
435	435	THENCE along the South line of said 63.45 acre tract, N 33°32'38" W
436	436	for a distance of 145.29 feet to a 1/2 inch iron pin found at N
437	437	71°03'16" W for a distance of 698.93 feet to a 1/2 inch capped iron
438	438	pin set at the Southwest corner of said 63.45 acre tract, being on
439	439	the East r.o.w line of Interstate Hwy. No. 35, for the Southwest
440	440	corner hereof;
441	441	THENCE along the West line of said 63.45 acre tract, being along the
442	442	East r.o.w. line of Interstate Hwy. No. 35, N 20°25'54" E for a
443	443	distance of 1499.77 to an "X" found cut in rock in the approximate
444	444	centerline of Onion Creek, being at the Northwest corner of said
445	445	63.45 acre tract, being at the Southwest corner of Onion Creek
446	446	Section 1-B, a subdivision recorded in Plat Book 79, Page 313 of the
447	447	Plat Records of Travis County, Texas, for the Northwest corner
448	448	hereof;
449	449	THENCE along the North lines of said 63.45 acre tract and 26.00 acre
450	450	tract, being along the approximate centerline of Onion Creek for
451	451	the following courses:
452	452	1. S 73°04'00" E for a distance of 450.65 feet to an angle
453	453	point
454	454	2. S 74°19'00" E for a distance of 334.57 feet to an angle
455	455	point
456	456	3. S 57°11'00" E for a distance of 216.95 feet to an angle
457	457	point
458	458	4. S 72°26'00" E for a distance of 402.24 feet to an angle
459	459	point
460	460	5. S 76°51'00" E for a distance of 357.17 feet to an angle
461	461	point
462	462	6. S 39°52'00" E for a distance of 114.70 feet to an angle
463	463	point
464	464	7. S 57°41'30" E for a distance of 308.12 feet to an angle
465	465	point
466	466	8. S 00°49'00" E for a distance of 131.00 feet to an angle
467	467	point
468	468	9. S 25°09'00" E for a distance of 206.00 feet to an angle
469	469	point
470	470	10. S 53°57'45" E for a distance of 249.20 feet to the
471	471	Northeast corner of said 26.00 acre tract, being at the Northwest
472	472	corner of said 117.20 acre tract, for the Northeast corner hereof;
473	473	THENCE along the East line of said 26.00 acre tract, being along the
474	474	West line of said 117.20 acre tract for the following courses:
475	475	1. S 35°25'22" W for a distance of 55.37 feet to a 1/2 inch
476	476	iron pin found
477	477	2. S 29°42'53" W for a distance of 874.40 feet to a 1/2 inch
478	478	iron pin found
479	479	3. S 30°58'12" W for a distance of 281.26 feet to the PLACE OF
480	480	BEGINNING and containing 87.884 acres of land, more or less.
481	481	SECTION 3. (a) The legal notice of the intention to
482	482	introduce this Act, setting forth the general substance of this
483	483	Act, has been published as provided by law, and the notice and a
484	484	copy of this Act have been furnished to all persons, agencies,
485	485	officials, or entities to which they are required to be furnished
486	486	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
487	487	Government Code.
488	488	(b) The governor, one of the required recipients, has
489	489	submitted the notice and Act to the Texas Commission on
490	490	Environmental Quality.
491	491	(c) The Texas Commission on Environmental Quality has filed
492	492	its recommendations relating to this Act with the governor, the
493	493	lieutenant governor, and the speaker of the house of
494	494	representatives within the required time.
495	495	(d) All requirements of the constitution and laws of this
496	496	state and the rules and procedures of the legislature with respect
497	497	to the notice, introduction, and passage of this Act are fulfilled
498	498	and accomplished.
499	499	SECTION 4. This Act takes effect immediately if it receives
500	500	a vote of two-thirds of all the members elected to each house, as
501	501	provided by Section 39, Article III, Texas Constitution. If this
502	502	Act does not receive the vote necessary for immediate effect, this
503	503	Act takes effect September 1, 2013.