Texas 2013 - 83rd Regular

Texas Senate Bill SB1872 Compare Versions

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11 By: Zaffirini, et al. S.B. No. 1872
22 (Rodriguez of Travis)
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of Onion Creek Metro Park District;
88 providing authority to issue bonds; providing authority to impose
99 assessments, fees, or taxes.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1212 Code, is amended by adding Chapter 3924 to read as follows:
1313 CHAPTER 3924. ONION CREEK METRO PARK DISTRICT
1414 SUBCHAPTER A. GENERAL PROVISIONS
1515 Sec. 3924.001. DEFINITIONS. In this chapter:
1616 (1) "Board" means the district's board of directors.
1717 (2) "City" means the City of Austin.
1818 (3) "County" means Travis County.
1919 (4) "Director" means a board member.
2020 (5) "District" means the Onion Creek Metro Park
2121 District.
2222 Sec. 3924.002. NATURE OF DISTRICT. The Onion Creek Metro
2323 Park District is a special district created under Section 59,
2424 Article XVI, Texas Constitution.
2525 Sec. 3924.003. PURPOSE; DECLARATION OF INTENT. (a) The
2626 creation of the district is essential to accomplish the purposes of
2727 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
2828 Texas Constitution, and other public purposes stated in this
2929 chapter. By creating the district and in authorizing the city, the
3030 county, and other political subdivisions to contract with the
3131 district, the legislature has established a program to accomplish
3232 the public purposes set out in Section 52-a, Article III, Texas
3333 Constitution.
3434 (b) The creation of the district is necessary to promote,
3535 develop, encourage, and maintain employment, commerce,
3636 transportation, housing, tourism, recreation, the arts,
3737 entertainment, economic development, safety, and the public
3838 welfare in the district.
3939 (c) This chapter and the creation of the district may not be
4040 interpreted to relieve the city or the county from providing the
4141 level of services provided as of the effective date of the Act
4242 enacting this chapter. The district is created to supplement and
4343 not to supplant city or county services provided in the district.
4444 Sec. 3924.004. CONFIRMATION ELECTION REQUIRED. The initial
4545 directors shall hold an election to confirm the creation of the
4646 district as provided by Section 49.102, Water Code.
4747 Sec. 3924.005. CONSENT OF MUNICIPALITY REQUIRED. (a) The
4848 initial directors may not hold an election under Section 3924.004
4949 until the city has consented by ordinance or resolution to the
5050 creation of the district and to the inclusion of land in the
5151 district.
5252 (b) If the city does not consent to the creation of the
5353 district and to the inclusion of land in the district before
5454 September 1, 2014:
5555 (1) the district is dissolved September 1, 2014,
5656 except that:
5757 (A) any debts incurred shall be paid;
5858 (B) any assets that remain after the payment of
5959 debts shall be transferred to the city or another local
6060 governmental entity to be used for a public purpose; and
6161 (C) the organization of the district shall be
6262 maintained until all debts are paid and remaining assets are
6363 transferred; and
6464 (2) this chapter, including Section 3924.055, expires
6565 September 1, 2014.
6666 (c) In addition to the requirements prescribed by
6767 Subsection (a), the ordinance or resolution described by Subsection
6868 (a):
6969 (1) must specify the qualifications for persons to be
7070 eligible to serve as permanent directors; and
7171 (2) may limit the number of terms a director may serve.
7272 Sec. 3924.006. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
7373 (a) The district is created to serve a public use and benefit.
7474 (b) All land and other property included in the district
7575 will benefit from the improvements and services to be provided by
7676 the district under powers conferred by Sections 52 and 52-a,
7777 Article III, and Section 59, Article XVI, Texas Constitution, and
7878 other powers granted under this chapter.
7979 (c) The creation of the district is in the public interest
8080 and is essential to further the public purposes of:
8181 (1) developing and diversifying the economy of the
8282 state;
8383 (2) eliminating unemployment and underemployment; and
8484 (3) developing or expanding transportation and
8585 commerce.
8686 (d) The district will:
8787 (1) promote the health, safety, and general welfare of
8888 residents, employers, potential employees, employees, visitors,
8989 and consumers in the district, and of the public;
9090 (2) provide needed funding for the district to
9191 preserve, maintain, and enhance the economic health and vitality of
9292 the district territory as a community and business center;
9393 (3) promote the health, safety, welfare, and enjoyment
9494 of the public by providing pedestrian ways and by landscaping and
9595 developing certain areas in the district, which are necessary for
9696 the restoration, preservation, and enhancement of scenic beauty;
9797 and
9898 (4) provide for water, wastewater, drainage, road, and
9999 recreational facilities for the district.
100100 (e) Pedestrian ways along or across a street, whether at
101101 grade or above or below the surface, and street lighting, street
102102 landscaping, parking, and street art objects are parts of and
103103 necessary components of a street and are considered to be a street
104104 or road improvement.
105105 (f) The district will not act as the agent or
106106 instrumentality of any private interest even though the district
107107 will benefit many private interests as well as the public.
108108 Sec. 3924.007. INITIAL DISTRICT TERRITORY. (a) The
109109 district is initially composed of the territory described by
110110 Section 2 of the Act enacting this chapter.
111111 (b) The boundaries and field notes contained in Section 2 of
112112 the Act enacting this chapter form a closure. A mistake in the
113113 field notes or in copying the field notes in the legislative process
114114 does not affect the district's:
115115 (1) organization, existence, or validity;
116116 (2) right to issue any type of bonds for the purposes
117117 for which the district is created or to pay the principal of and
118118 interest on the bonds;
119119 (3) right to impose or collect an assessment or tax; or
120120 (4) legality or operation.
121121 Sec. 3924.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
122122 All or any part of the area of the district is eligible to be
123123 included in:
124124 (1) a tax abatement reinvestment zone created under
125125 Chapter 312, Tax Code; or
126126 (2) an enterprise zone created under Chapter 2303,
127127 Government Code.
128128 Sec. 3924.009. APPLICABILITY OF MUNICIPAL MANAGEMENT
129129 DISTRICTS LAW. Except as otherwise provided by this chapter,
130130 Chapter 375, Local Government Code, applies to the district.
131131 Sec. 3924.010. CONSTRUCTION OF CHAPTER. This chapter shall
132132 be liberally construed in conformity with the findings and purposes
133133 stated in this chapter.
134134 SUBCHAPTER B. BOARD OF DIRECTORS
135135 Sec. 3924.051. GOVERNING BODY; TERMS. (a) The district is
136136 governed by a board of seven voting directors who serve staggered
137137 terms of four years, with three or four directors' terms expiring
138138 June 1 of each odd-numbered year.
139139 (b) The qualifications of the permanent directors must
140140 comply with those established in the ordinance or resolution under
141141 Section 3924.005(c)(1).
142142 (c) The board by resolution may change the number of voting
143143 directors on the board if the board determines that the change is in
144144 the best interest of the district and the city approves the change.
145145 The board may not consist of fewer than 7 or more than 15 voting
146146 directors.
147147 Sec. 3924.052. APPOINTMENT OF VOTING DIRECTORS. The
148148 governing body of the city shall appoint the voting directors. A
149149 person is appointed if a majority of the members of the governing
150150 body vote to appoint that person.
151151 Sec. 3924.053. QUORUM. For purposes of determining the
152152 requirements for a quorum of the board, the following are not
153153 counted:
154154 (1) a board position vacant for any reason, including
155155 death, resignation, or disqualification; or
156156 (2) a director who is abstaining from participation in
157157 a vote because of a conflict of interest.
158158 Sec. 3924.054. COMPENSATION. A director is entitled to
159159 receive fees of office and reimbursement for actual expenses as
160160 provided by Section 49.060, Water Code. Sections 375.069 and
161161 375.070, Local Government Code, do not apply to the board.
162162 Sec. 3924.055. INITIAL VOTING DIRECTORS. (a) The initial
163163 board consists of the following voting directors:
164164 Pos. No. Name of Director Pos. No. Name of Director
165165 Pos. No. Name of Director
166166 1 Sara Partridge 1 Sara Partridge
167167 1 Sara Partridge
168168 2 Tyler Zickert 2 Tyler Zickert
169169 2 Tyler Zickert
170170 3 Ross Rathgeber 3 Ross Rathgeber
171171 3 Ross Rathgeber
172172 4 George Cofer 4 George Cofer
173173 4 George Cofer
174174 5 Andrea Rado Hamilton 5 Andrea Rado Hamilton
175175 5 Andrea Rado Hamilton
176176 6 Cile Montgomery 6 Cile Montgomery
177177 6 Cile Montgomery
178178 7 Philip Koske 7 Philip Koske
179179 7 Philip Koske
180180 (b) Of the initial directors, the terms of directors
181181 appointed for positions one, three, five, and seven expire June 1,
182182 2015, and the terms of directors appointed for positions two, four,
183183 and six expire June 1, 2017.
184184 (c) Section 3924.052 does not apply to this section.
185185 (d) This section expires September 1, 2017.
186186 SUBCHAPTER C. POWERS AND DUTIES
187187 Sec. 3924.101. GENERAL POWERS AND DUTIES. The district has
188188 the powers and duties necessary to accomplish the purposes for
189189 which the district is created.
190190 Sec. 3924.102. IMPROVEMENT PROJECTS AND SERVICES. The
191191 district may provide, design, construct, acquire, improve,
192192 relocate, operate, maintain, or finance an improvement project or
193193 service using any money available to the district, or contract with
194194 a governmental or private entity to provide, design, construct,
195195 acquire, improve, relocate, operate, maintain, or finance an
196196 improvement project or service authorized under this chapter or
197197 Chapter 375, Local Government Code.
198198 Sec. 3924.103. LOCATION OF IMPROVEMENT PROJECT. An
199199 improvement project described by Section 3924.102 may be located:
200200 (1) in the district; or
201201 (2) in an area outside the district if the board
202202 determines that the project benefits the district.
203203 Sec. 3924.104. DEVELOPMENT CORPORATION POWERS. The
204204 district, using money available to the district, may exercise the
205205 powers given to a development corporation under Chapter 505, Local
206206 Government Code, including the power to own, operate, acquire,
207207 construct, lease, improve, or maintain a project under that
208208 chapter.
209209 Sec. 3924.105. NONPROFIT CORPORATION. (a) The board by
210210 resolution may authorize the creation of a nonprofit corporation to
211211 assist and act for the district in implementing a project or
212212 providing a service authorized by this chapter.
213213 (b) The nonprofit corporation:
214214 (1) has each power of and is considered to be a local
215215 government corporation created under Subchapter D, Chapter 431,
216216 Transportation Code; and
217217 (2) may implement any project and provide any service
218218 authorized by this chapter.
219219 (c) The board shall appoint the board of directors of the
220220 nonprofit corporation. The board of directors of the nonprofit
221221 corporation shall serve in the same manner as the board of directors
222222 of a local government corporation created under Subchapter D,
223223 Chapter 431, Transportation Code, except that a board member is not
224224 required to reside in the district.
225225 Sec. 3924.106. AGREEMENTS; GRANTS. (a) As provided by
226226 Chapter 375, Local Government Code, the district may make an
227227 agreement with or accept a gift, grant, or loan from any person.
228228 (b) The implementation of a project is a governmental
229229 function or service for the purposes of Chapter 791, Government
230230 Code.
231231 Sec. 3924.107. LAW ENFORCEMENT SERVICES. To protect the
232232 public interest, the district may contract with a qualified party,
233233 including the county or the city, to provide law enforcement
234234 services for a fee.
235235 Sec. 3924.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
236236 district may join and pay dues to a charitable or nonprofit
237237 organization that performs a service or provides an activity
238238 consistent with the furtherance of a district purpose.
239239 Sec. 3924.109. ECONOMIC DEVELOPMENT. (a) The district may
240240 engage in activities that accomplish the economic development
241241 purposes of the district.
242242 (b) The district may establish and provide for the
243243 administration of one or more programs to promote state or local
244244 economic development and to stimulate business and commercial
245245 activity, including programs to:
246246 (1) make loans and grants of public money; and
247247 (2) provide district personnel and services.
248248 (c) The district may create economic development programs
249249 and exercise the economic development powers provided to
250250 municipalities by:
251251 (1) Chapter 380, Local Government Code; and
252252 (2) Subchapter A, Chapter 1509, Government Code.
253253 Sec. 3924.110. PARKING FACILITIES. (a) The district may
254254 acquire, lease as lessor or lessee, construct, develop, own,
255255 operate, and maintain parking facilities or a system of parking
256256 facilities, including lots, garages, parking terminals, or other
257257 structures or accommodations for parking motor vehicles off the
258258 streets and related appurtenances.
259259 (b) The district's parking facilities serve the public
260260 purposes of the district and are owned, used, and held for a public
261261 purpose even if leased or operated by a private entity for a term of
262262 years.
263263 (c) The district's parking facilities are parts of and
264264 necessary components of a street and are considered to be a street
265265 or road improvement.
266266 (d) The development and operation of the district's parking
267267 facilities may be considered an economic development program.
268268 Sec. 3924.111. APPROVAL BY CITY. (a) Except as provided
269269 by Subsection (c), the district must obtain the approval of the city
270270 for:
271271 (1) the issuance of bonds;
272272 (2) the annexation of land in the city or the
273273 extraterritorial jurisdiction of the city;
274274 (3) the plans and specifications of an improvement
275275 project financed by bonds; and
276276 (4) the plans and specifications of an improvement
277277 project related to the use of land owned by the city, an easement
278278 granted by the city, or a right-of-way of a street, road, or
279279 highway.
280280 (b) The district may not issue bonds or annex land in the
281281 city or extraterritorial jurisdiction of the city until the
282282 governing body of the city adopts a resolution or ordinance
283283 authorizing the issuance of the bonds or the annexation of the land.
284284 (c) If the district obtains the approval of the city's
285285 governing body of a capital improvements budget for a period not to
286286 exceed 10 years, the district may finance the capital improvements
287287 and issue bonds specified in the budget without further approval
288288 from the city.
289289 (d) The governing body of the city:
290290 (1) is not required to adopt a resolution or ordinance
291291 to approve plans and specifications described by Subsection (a);
292292 and
293293 (2) may establish an administrative process to approve
294294 plans and specifications described by Subsection (a) without the
295295 involvement of the governing body.
296296 Sec. 3924.112. COMPLIANCE WITH MUNICIPAL CONSENT
297297 AGREEMENT, ORDINANCE, OR RESOLUTION; ENFORCEABILITY OF AGREEMENT.
298298 (a) The district shall comply with all applicable requirements of
299299 an ordinance or resolution adopted by the city that consents to the
300300 creation of the district or to the inclusion of land in the
301301 district.
302302 (b) Any agreement between the district and the city related
303303 to the city's consent to the creation of the district is valid and
304304 enforceable.
305305 (c) On the issuance of bonds by the district, the district
306306 is considered to have waived sovereign immunity to suit by the city
307307 for the purpose of adjudicating a claim for breach of an agreement
308308 described by this section.
309309 Sec. 3924.113. NO EMINENT DOMAIN POWER. The district may
310310 not exercise the power of eminent domain.
311311 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; TAX AND
312312 ASSESSMENT ABATEMENTS
313313 Sec. 3924.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
314314 board by resolution shall establish the number of directors'
315315 signatures and the procedure required for a disbursement or
316316 transfer of district money.
317317 Sec. 3924.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
318318 The district may acquire, construct, finance, operate, or maintain
319319 any improvement or service authorized under this chapter or Chapter
320320 375, Local Government Code, using any money available to the
321321 district.
322322 Sec. 3924.153. ASSESSMENTS; LIENS FOR ASSESSMENTS.
323323 (a) The board by resolution may impose and collect an assessment
324324 for any purpose authorized by this chapter in all or any part of the
325325 district.
326326 (b) An assessment, a reassessment, or an assessment
327327 resulting from an addition to or correction of the assessment roll
328328 by the district, penalties and interest on an assessment or
329329 reassessment, an expense of collection, and reasonable attorney's
330330 fees incurred by the district:
331331 (1) are a first and prior lien against the property
332332 assessed;
333333 (2) are superior to any other lien or claim other than
334334 a lien or claim for county, school district, or municipal ad valorem
335335 taxes; and
336336 (3) are the personal liability of and a charge against
337337 the owners of the property even if the owners are not named in the
338338 assessment proceedings.
339339 (c) The lien is effective from the date of the board's
340340 resolution imposing the assessment until the date the assessment is
341341 paid. The board may enforce the lien in the same manner that the
342342 board may enforce an ad valorem tax lien against real property.
343343 (d) The board may make a correction to or deletion from the
344344 assessment roll that does not increase the amount of assessment of
345345 any parcel of land without providing notice and holding a hearing in
346346 the manner required for additional assessments.
347347 Sec. 3924.154. RESIDENTIAL PROPERTY NOT EXEMPT. Section
348348 375.161, Local Government Code, does not apply to a tax authorized
349349 or approved by the voters of the district or a required payment for
350350 a service provided by the district, including water and sewer
351351 services.
352352 Sec. 3924.155. TAX AND ASSESSMENT ABATEMENTS. The district
353353 may designate reinvestment zones and may grant abatements of
354354 district taxes or assessments on property in the zones.
355355 SUBCHAPTER E. TAXES AND BONDS
356356 Sec. 3924.201. ELECTIONS REGARDING TAXES AND BONDS.
357357 (a) The district may issue, without an election, bonds, notes, and
358358 other obligations secured by:
359359 (1) revenue other than ad valorem taxes; or
360360 (2) contract payments described by Section 3924.203.
361361 (b) The district must hold an election in the manner
362362 provided by Subchapter L, Chapter 375, Local Government Code, to
363363 obtain voter approval before the district may impose an ad valorem
364364 tax or issue bonds payable from ad valorem taxes.
365365 (c) Section 375.243, Local Government Code, does not apply
366366 to the district.
367367 (d) All or any part of any facilities or improvements that
368368 may be acquired by a district by the issuance of its bonds may be
369369 submitted as a single proposition or as several propositions to be
370370 voted on at the election.
371371 Sec. 3924.202. OPERATION AND MAINTENANCE TAX. (a) If
372372 authorized by a majority of the district voters voting at an
373373 election held in accordance with Section 3924.201, the district may
374374 impose an operation and maintenance tax on taxable property in the
375375 district in accordance with Section 49.107, Water Code, for any
376376 district purpose, including to:
377377 (1) maintain and operate the district;
378378 (2) construct or acquire improvements; or
379379 (3) provide a service.
380380 (b) The board shall determine the tax rate. The rate may not
381381 exceed the rate approved at the election.
382382 Sec. 3924.203. CONTRACT TAXES. (a) In accordance with
383383 Section 49.108, Water Code, the district may impose a tax other than
384384 an operation and maintenance tax and use the revenue derived from
385385 the tax to make payments under a contract after the provisions of
386386 the contract have been approved by a majority of the district voters
387387 voting at an election held for that purpose.
388388 (b) A contract approved by the district voters may contain a
389389 provision stating that the contract may be modified or amended by
390390 the board without further voter approval.
391391 Sec. 3924.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
392392 AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
393393 determined by the board. Section 375.205, Local Government Code,
394394 does not apply to a loan, line of credit, or other borrowing from a
395395 bank or financial institution secured by revenue other than ad
396396 valorem taxes.
397397 (b) The district may issue bonds, notes, or other
398398 obligations payable wholly or partly from ad valorem taxes,
399399 assessments, impact fees, revenue, contract payments, grants, or
400400 other district money, or any combination of those sources of money,
401401 to pay for any authorized district purpose.
402402 (c) The limitation on the outstanding principal amount of
403403 bonds, notes, and other obligations provided by Section 49.4645,
404404 Water Code, does not apply to the district.
405405 Sec. 3924.205. TAXES FOR BONDS. At the time the district
406406 issues bonds payable wholly or partly from ad valorem taxes, the
407407 board shall provide for the annual imposition of a continuing
408408 direct annual ad valorem tax, without limit as to rate or amount,
409409 for each year that all or part of the bonds are outstanding as
410410 required and in the manner provided by Sections 54.601 and 54.602,
411411 Water Code.
412412 Sec. 3924.206. CITY NOT REQUIRED TO PAY DISTRICT
413413 OBLIGATIONS. Except as provided by Section 375.263, Local
414414 Government Code, the city is not required to pay a bond, note, or
415415 other obligation of the district.
416416 SECTION 2. The Onion Creek Metro Park District initially
417417 includes all territory contained in the following area:
418418 A DESCRIPTION OF 701.655 ACRES IN THE SANTIAGO DEL VALLE
419419 GRANT, TRAVIS COUNTY, TEXAS, CONSISTING OF:
420420 A PORTION OF A 679.66 ACRE TRACT AND A 0.805 ACRE TRACT,
421421 DESCRIBED IN A SPECIAL WARRANTY DEED TO MVE VENTURE, LTD. DATED MAY
422422 2, 2005 AND RECORDED IN DOCUMENT NO. 2005078856 OF THE OFFICIAL
423423 PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;
424424 ALL OF A 22.818 ACRE TRACT DESCRIBED IN A SPECIAL
425425 WARRANTY DEED TO M.V.E. VENTURE DATED DECEMBER 28, 1989 AND
426426 RECORDED IN VOLUME 11093, PAGE 219 OF THE REAL PROPERTY RECORDS OF
427427 TRAVIS COUNTY, TEXAS;
428428 ALL OF A 175.00 ACRE TRACT DESCRIBED IN A SPECIAL
429429 WARRANTY DEED TO BENCHMARK LAND DEVELOPMENT, INC. DATED MAY 02,
430430 2005 AND RECORDED IN DOCUMENT NO. 2005078857 OF THE OFFICIAL PUBLIC
431431 RECORDS OF TRAVIS COUNTY, TEXAS;
432432 ALL OF AN 85.600 ACRE TRACT DESCRIBED IN A CASH WARRANTY
433433 DEED TO AUSTIN GOODNIGHT RANCH, L.P. DATED JUNE 30, 2006 AND
434434 RECORDED IN DOCUMENT NO. 2006197891 OF THE OFFICIAL PUBLIC RECORDS
435435 OF TRAVIS COUNTY, TEXAS;
436436 ALL OF A 26.519 ACRE TRACT AND A 2.495 ACRE TRACT, BOTH
437437 DESCRIBED IN A SPECIAL WARRANTY DEED TO GOODNIGHT RANCH L.P., DATED
438438 MAY 26, 2006 AND RECORDED IN DOCUMENT NO. 2006099945 OF THE OFFICIAL
439439 PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;
440440 ALL OF A 0.023 ACRE TRACT DESCRIBED IN A SPECIAL
441441 WARRANTY DEED TO GOODNIGHT RANCH, L.P. AND RECORDED IN DOCUMENT NO.
442442 2007076804 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;
443443 ALL OF VERTEX BOULEVARD (70' RIGHT-OF-WAY WIDTH)
444444 DESCRIBED IN DOCUMENT NO. 200800081 OF THE OFFICIAL PUBLIC RECORDS
445445 OF TRAVIS COUNTY, TEXAS;
446446 ALL OF A 2.031 ACRE TRACT DESCRIBED IN A SPECIAL
447447 WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P., DATED JANUARY 31,
448448 2006 AND RECORDED IN DOCUMENT NO. 2006022592 OF THE OFFICIAL PUBLIC
449449 RECORDS OF TRAVIS COUNTY, TEXAS;
450450 ALL OF A 6.125 ACRE TRACT DESCRIBED IN A SPECIAL
451451 WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P., DATED MARCH 18, 2011
452452 AND RECORDED IN DOCUMENT NO. 2011035151 OF THE OFFICIAL PUBLIC
453453 RECORDS OF TRAVIS COUNTY, TEXAS;
454454 ALL OF A 6.658 ACRE TRACT DESCRIBED IN A SPECIAL
455455 WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P. DATED JUNE 29, 2007
456456 AND RECORDED IN DOCUMENT NO. 2007211337 OF THE OFFICIAL PUBLIC
457457 RECORDS OF TRAVIS COUNTY, TEXAS;
458458 ALL OF A 0.828 ACRE TRACT DESCRIBED IN A GENERAL
459459 WARRANTY DEED TO TRAVIS COUNTY, TEXAS, DATED AUGUST 9, 2011 AND
460460 DESCRIBED IN DOCUMENT NO. 2011118719 OF THE OFFICIAL PUBLIC RECORDS
461461 OF TRAVIS COUNTY, TEXAS;
462462 ALL OF SLAUGHTER LANE EAST DESCRIBED IN DOCUMENT NO.
463463 2007094816 AND DOCUMENT NO. 2010044359 OF THE OFFICIAL PUBLIC
464464 RECORDS OF TRAVIS COUNTY, TEXAS;
465465 ALL OF A 24.529 ACRE TRACT DESCRIBED IN A SPECIAL
466466 WARRANTY DEED WITH VENDOR'S LIEN TO AUSTIN GOODNIGHT RANCH, L.P.,
467467 DATED APRIL 4, 2011 AND RECORDED IN DOCUMENT NO. 2011053055 OF THE
468468 OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;
469469 ALL OF A 0.144 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL
470470 WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P. DATED APRIL 14, 2011
471471 AND RECORDED IN DOCUMENT NO. 2011053054 OF THE OFFICIAL PUBLIC
472472 RECORDS OF TRAVIS COUNTY, TEXAS;
473473 SAID 701.655 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES
474474 AND BOUNDS AS FOLLOWS:
475475 BEGINNING at a 1/2" rebar found in the north right-of-way
476476 line of Old Lockhart Highway (right-of-way width varies), being the
477477 southeast corner of the 679.66 acre tract, being also the southwest
478478 corner of Lot 1 of Capitol View Estates, a subdivision of record in
479479 Volume 45, Page 13 of the Plat Records of Travis County, Texas;
480480 THENCE with the north right-of-way line of Old Lockhart
481481 Highway and the south line of the 679.66 acre tract the following
482482 ten (10) courses and distances:
483483 1. North 52°14'14" West, a distance of 88.15 feet to a 1/2" rebar
484484 found;
485485 2. North 41°41'09" West, a distance of 711.88 feet to a 1/2" iron
486486 pipe found;
487487 3. North 40°58'33" West, a distance of 460.57 feet to a 1/2" rebar
488488 found;
489489 4. North 35°38'06" West, a distance of 332.61 feet to a 1/2" iron
490490 pipe found;
491491 5. North 38°14'16" West, a distance of 94.62 feet to a 1/2" iron
492492 pipe found;
493493 6. North 34°52'34" West, a distance of 116.37 feet to a 1/2" iron
494494 pipe found;
495495 7. North 36°52'03" West, a distance of 761.83 feet to a 1/2" iron
496496 pipe found;
497497 8. North 36°04'28" West, a distance of 525.66 feet to a 3/4" iron
498498 pipe found;
499499 9. North 37°05'20" West, a distance of 350.14 feet to a metal fence
500500 post found;
501501 10. North 35°03'44" West, a distance of 102.42 feet to a 3/4" iron
502502 pipe found for the southeast corner of the 0.805 acre tract;
503503 THENCE North 36°56'38" West, with the north right-of-way line
504504 of Old Lockhart Highway and the south line of the 0.805 acre tract,
505505 a distance of 158.54 feet to a 3/4" iron pipe found for the
506506 southwest corner of the 0.805 acre tract, being in the south line of
507507 the 679.66 acre tract;
508508 THENCE North 36°41'16" West, with the north right-of-way line
509509 of Old Lockhart Highway and the south line of the 679.66 acre tract,
510510 a distance of 400.57 feet to a 1/2" rebar found for a southwest
511511 corner of the 679.66 acre tract, being the southeast corner of a
512512 0.994 acre tract of land described in Volume 12478, Page 528 of the
513513 Real Property Records of Travis County, Texas;
514514 THENCE North 28°56'17" East, with the west line of the 679.66
515515 acre tract and the east line of the 0.994 acre tract, a distance of
516516 321.00 feet to a calculated point for the northeast corner of the
517517 0.994 acre tract, being a southeast corner of a 3.59 acre tract of
518518 land described in Document No. 2009200063 of the Official Public
519519 Records of Travis County, Texas;
520520 THENCE with the common line of the 679.66 acre tract and the
521521 3.59 acre tract the following two (2) courses and distances:
522522 1. North 28°50'57" East, a distance of 437.63 feet to a 1/2" rebar
523523 found for the northeast corner of the 3.59 acre tract;
524524 2. North 60°15'24" West, a distance of 130.11 feet to a 1/2" rebar
525525 found for the northwest corner of the 3.59 acre tract, being an
526526 angle point in the east line of a 16.46 acre tract of land described
527527 in Document No. 2004222100 of the Official Public Records of Travis
528528 County, Texas;
529529 THENCE with the common line of the 679.66 acre tract and the
530530 16.46 acre tract the following three (3) courses and distances:
531531 1. North 59°54'43" West, a distance of 44.13 feet to a 1/2" rebar
532532 found;
533533 2. North 29°01'25" East, a distance of 1551.18 feet to a 3/4" iron
534534 pipe found for the northeast corner of the 16.46 acre tract;
535535 3. North 62°41'57" West, a distance of 345.07 feet to a 1/2" iron
536536 pipe found for the northwest corner of the 16.46 acre tract, being
537537 the northeast corner of Lot 7, Block D, Perkins Park, Section One, a
538538 subdivision of record in Volume 50, Page 78 of the Plat Records of
539539 Travis County, Texas;
540540 THENCE North 62°57'34" West, with the south line of the 679.66
541541 acre tract and the north line of Perkins Park, Section One, a
542542 distance of 310.24 feet to a 1/2" rebar found for the northwest
543543 corner of Lot 8, Block K, Perkins Park, Section One, being the
544544 northeast corner of a 6.59 acre tract of land described in Document
545545 No. 2000167421 of the Official Public Records of Travis County,
546546 Texas;
547547 THENCE with the common line of the 679.66 acre tract and the
548548 6.59 acre tract the following three (3) courses and distances:
549549 1. North 62°54'58" West, a distance of 162.11 feet to a 1" iron pipe
550550 found for the northwest corner of the 6.59 acre tract;
551551 2. South 29°33'50" West, a distance of 963.76 feet to a 1/2" rebar
552552 with Chaparral cap set;
553553 3. South 29°33'00" West, a distance of 753.69 feet to a 1/2" rebar
554554 found in the north right-of-way line of Old Lockhart Highway, being
555555 an angle point in the southwest line of the 679.66 acre tract, being
556556 also the southwest corner of the 6.59 acre tract;
557557 THENCE with the common right-of-way line of Old Lockhart
558558 Highway and the 679.66 acre tract the following five (5) courses and
559559 distances:
560560 1. North 26°32'14" West, a distance of 566.22 feet to a 1/2" rebar
561561 found;
562562 2. North 18°08'20" West, a distance of 141.82 feet to a 1/2" rebar
563563 found;
564564 3. North 07°42'27" East, a distance of 89.82 feet to a 1/2" rebar
565565 found;
566566 4. North 28°37'37" East, a distance of 229.06 feet to a 1" iron pipe
567567 found;
568568 5. North 29°33'21" East, at a distance of 460.01 feet, passing a
569569 1/2" rebar with Chaparral cap set for the south corner of the 0.828
570570 acre tract, continuing with the common right-of-way line of Old
571571 Lockhart Highway and the 0.828 acre tract, in all, a distance of
572572 670.57 feet to a 3/4" iron pipe found;
573573 THENCE North 30°58'10" East, with the common right-of-way
574574 line of Old Lockhart Highway and the 0.828 acre tract, same being
575575 the west line of the 679.66 acre tract, a distance of 129.75 feet to
576576 a 1/2" rebar found in the south line of a 1.5 acre tract of land
577577 described in Volume 11234, Page 365 of the Real Property Records of
578578 Travis County, Texas;
579579 THENCE with the common line of the 0.828 acre tract and the
580580 1.5 acre tract, same being the west line of the 679.66 acre tract,
581581 the following three (3) courses and distances:
582582 1. South 26°34'49" East, a distance of 11.29 feet to a 1/2" rebar
583583 found;
584584 2. North 27°27'35" East, a distance of 172.54 feet to a 1/2" rebar
585585 found;
586586 3. North 26°27'24" East, at a distance of 227.52 feet passing a
587587 1/2" rebar found for an angle point in the south right-of-way line
588588 of Slaughter Lane East (right-of-way width varies) as described in
589589 Document No. 2008134870 of the Official Public Records of Travis
590590 County, Texas, being in the west line of the said 85.600 acre tract,
591591 being also the northeast corner of a 1.5 acre tract described in
592592 Volume 11234, Page 365 of the Real Property Records of Travis
593593 County, Texas, continuing with the south right-of-way line of
594594 Slaughter Lane East and the west line of the 0.828 acre tract, in
595595 all, a distance of 229.16 feet to a 1/2" rebar found for an angle
596596 point in the south right-of-way line of Slaughter Lane East, being
597597 the northwest corner of the 0.828 acre tract;
598598 THENCE North 26°54'47" East, with the west line of the 679.66
599599 acre tract, crossing Slaughter Lane East, a distance of 146.04 feet
600600 to a 1/2" rebar with Chaparral cap found in the north right-of-way
601601 line of Slaughter Lane East, being a point in the west line of the
602602 175.000 acre tract and also being in the east line of a 67.95 acre
603603 tract described in Document No. 2002232017 of the Official Public
604604 Records of Travis County, Texas;
605605 THENCE North 26°54'47" East, with the west line of the 679.66
606606 acre tract, the west line of the 175.000 acre tract and the east
607607 line of the 67.95 acre tract, a distance of 1458.21 feet to a 1/2"
608608 rebar found for an angle point in the east line of the 67.95 acre
609609 tract, being the southeast corner of the 1.477 acre tract;
610610 THENCE North 26°55'30" East, with the west line of the 697.66
611611 acre tract, the west line of the 175.000 acre tract and the east
612612 line of the 1.477 acre tract, at a distance of 351.90 feet, passing
613613 an angle point in the west line of the 85.600 acre tract, continuing
614614 with the west line of the 85.600 acre tract, the west line of the
615615 697.66 acre tract and the east line of the 1.477 acre tract, in all,
616616 a distance of 364.88 feet to a 1/2" rebar found at an angle point in
617617 the west line of the 85.600 acre tract, being the northeast corner
618618 of the 1.477 acre tract and being also an angle point in the south
619619 right-of-way line of Nuckols Crossing Road (70' right-of-way
620620 width);
621621 THENCE with the common line of Nuckols Crossing Road, the
622622 85.600 acre tract and the 679.66 acre tract, the following seven (7)
623623 courses and distances:
624624 1. North 27°13'23" East, a distance of 107.04 feet to a 1/2" rebar
625625 found;
626626 2. North 36°26'26" East, a distance of 98.94 feet to a 3/4" iron
627627 pipe found;
628628 3. North 27°09'55" East, a distance of 1122.38 feet to a 3/4" iron
629629 pipe found;
630630 4. With a curve to the right, having a radius of 136.02 feet, an
631631 arc length of 214.24 feet, and a chord which bears North 72°14'38"
632632 East, a distance of 192.77 feet to a 3/4" iron pipe found;
633633 5. South 62°37'40" East, a distance of 734.70 feet to a nail found
634634 in a fence post;
635635 6. With a curve to the left, having a radius of 990.40 feet, an arc
636636 length of 286.98 feet, and a chord which bears South 70°56'14" East,
637637 a distance of 285.97 feet to a 1/2" rebar found;
638638 7. South 79°14'59" East, a distance of 524.60 feet to a 1/2" rebar
639639 with cap set for the northeast corner of the 85.600 acre tract,
640640 being in the north line of the 679.66 acre tract;
641641 THENCE with the south right-of-way line of Nuckols Crossing
642642 Road and the north line of the 679.66 acre tract the following two
643643 (2) courses and distances:
644644 1. South 79°14'59" East, a distance of 645.80 feet to a 3/4" iron
645645 pipe found, from which, a 1/2" rebar found bears South 84°49'23"
646646 East, a distance of 5.32 feet;
647647 2. South 85°18'25" East, at a distance of 77.47 feet, passing a
648648 1/2" rebar with cap set for the intersection of Nuckols Crossing
649649 Road and Vertex Boulevard, continuing with the prolongation of the
650650 south right-of-way line of Nuckols Crossing Road, in all, a
651651 distance of 178.50 feet to a 1/2" rebar found for the southwest
652652 corner of Lot 1, Gentry Estates, a subdivision of record in Volume
653653 75, Page 88 of the Plat Records of Travis County, Texas, being also
654654 the northwest corner of a 15.604 acre tract described in Document
655655 No. 2006099949 of the Official Public Records of Travis County,
656656 Texas;
657657 THENCE crossing the 679.66 acre tract with the east
658658 right-of-way line of Vertex Boulevard and the west line of the
659659 15.604 acre tract, the following two (2) courses and distances:
660660 1. South 31°49'52" West, a distance of 11.02 feet to a 1/2" rebar
661661 with Chaparral cap found;
662662 2. With a curve to the left, having a radius of 1050.00 feet, an
663663 arc length of 631.79 feet, and a chord which bears South 14°35'36"
664664 West, a distance of 622.31 feet to a 1/2" rebar with Chaparral cap
665665 found for the southeast termination of Vertex Boulevard, being also
666666 a point in the east line of a 2.495 acre described in Document No.
667667 2006099945 of the Official Public Records of Travis County, Texas;
668668 THENCE continuing across the 679.66 acre tract with the west
669669 line of the 15.604 acre tract and the east line of the 2.495 acre
670670 tract the following two (2) courses and distances:
671671 1. With a curve to the left, having a radius of 1050.00 feet, an
672672 arc length of 356.17 feet, and a chord which bears South 12°21'43"
673673 East, a distance of 354.46 feet to a 1/2" rebar with Chaparral cap
674674 found;
675675 2. South 22°04'46" East, a distance of 217.30 feet to a 1/2" rebar
676676 with Chaparral cap found for the southwest corner of said 15.604
677677 acre tract, being the northwest corner of said 26.519 acre tract;
678678 THENCE continuing across the 679.66 acre tract with the
679679 common line of the 15.604 acre and 26.519 acre tracts, the following
680680 three (3) courses and distances:
681681 1. North 89°49'06" East, a distance of 173.88 feet to a 1/2" rebar
682682 with Chaparral cap found;
683683 2. North 84°49'06" East, a distance of 389.86 feet to a 1/2" rebar
684684 with Chaparral cap found;
685685 3. North 00°06'16" East, a distance of 814.03 feet to a 1/2" rebar
686686 with Chaparral cap found for an angle point in the north line of the
687687 26.519 acre tract, being in the north line of the 679.66 acre, same
688688 being the northeast corner of the 15.604 acre tract, and being also
689689 a point in the south line of Lot 1 of said Gentry Estates;
690690 THENCE South 61°01'04" East, with the north line of the 26.519
691691 acre tract, the north line of the 679.66 acre tract and the south
692692 line of Lot 1, Gentry Estates, a distance of 484.73 feet to a 3/4"
693693 iron pipe found for the southeast corner of Lot 1, Gentry Estates,
694694 being the southwest corner of Block B of Final Plat of Thaxton
695695 Place, a subdivision of record in Document No. 200800080 of the
696696 Official Public Records of Travis County, Texas;
697697 THENCE South 61°02'12" East, with the , the north line of the
698698 679.66 acre tract, the north line of the 26.519 acre tract and the
699699 south line of Block B of Thaxton Place, at a distance of 509.80
700700 feet, passing the northwest corner of the 2.031 acre tract,
701701 continuing with the north line of the 679.66 acre tract, the north
702702 line of the 2.031 acre tract, the north line of the 26.519 acre
703703 tract, and the south line of Block B of Thaxton place, in all, a
704704 distance of 549.85 feet to a 1/2" rebar found for the northeast
705705 corner of the 679.66 acre tract, the northeast corner of the 2.031
706706 acre tract, the northeast corner of the 26.519 acre tract, and also
707707 being the southeast corner of Block B of Thaxton Place and a point
708708 in the west line of Lot 13, Block X of Sheldon 230, Section 1, Phase
709709 1 a subdivision of record in Document No. 200500225 of the Official
710710 Public Records of Travis County, Texas;
711711 THENCE South 26°18'36" West, with the east line of the 697.66
712712 acre tract, the east line of the 2.031 acre tract, the east line of
713713 the 26.519 acre tract, and the west lines of Block X of Sheldon 230,
714714 Section 1, Phase 1, Block DD of Sheldon 230 Section 1, Phase 3 a
715715 subdivision of record in Document No. 200600032 of the Official
716716 Public Records of Travis County, Texas, Baythorne Drive (60'
717717 right-of-way described in Document No. 200700032 of the Official
718718 Public Records of Travis County, Texas, and Block DD of Sheldon 230
719719 Section 1, Phase 2 a subdivision of record in Document No. 200600033
720720 of the Official Public Records of Travis County, Texas, a distance
721721 of 2090.63 feet to a 1/2" rebar with Chaparral cap found for the
722722 southwest corner of Block DD of Sheldon 230 Section 1, Phase 2,
723723 being the northwest corner of the 6.125 acre tract;
724724 THENCE South 63°39'27" East, with the north line of the 6.125
725725 acre tract and the south line of Block DD of Sheldon 230 Section 1,
726726 Phase 2, a distance of 375.16 feet to a 1/2" rebar with Chaparral
727727 cap set for the northeast corner of the 6.125 acre tract, being the
728728 northwest corner of a 22.802 acre tract described in Document No.
729729 2007210182 of the Official Public Records of Travis County, Texas;
730730 THENCE South 26°22'18" West, with the east line of the 6.125
731731 acre tract, the west line of the 22.802 acre tract and the west line
732732 of a 7.598 acre tract described in Document No. 2009200351, a
733733 distance 721.24 feet to a 1/2" rebar with Chaparral cap found for
734734 the northeast termination of Slaughter Lane East, described in
735735 Document 2010044359 of the Official Public Records of Travis
736736 County, Texas, being a point in the west line of the 22.802 acre
737737 tract;
738738 THENCE South 26°22'18" West, with the east termination of
739739 Slaughter Lane East and the west line of the 22.802 acre tract, a
740740 distance of 141.81 feet to a 1/2" rebar found for the southeast
741741 termination of Slaughter Lane East, being the southwest corner of
742742 the 22.802 acre tract, the northwest corner of the 22.818 acre tract
743743 and being also the northeast corner of the 6.658 acre tract;
744744 THENCE South 63°41'20" East, with the north line of the 22.818
745745 acre tract and the south line of the 22.802 acre tract, at a
746746 distance of 1246.34 feet passing 1/2" rebar found, in all, a
747747 distance of 1246.85 feet to a calculated point for the northeast
748748 corner of the 22.818 acre tract, being the southeast corner of the
749749 22.802 acre tract, being in the west right-of-way line of an
750750 apparent road;
751751 THENCE with the east line of the 22.818 acre tract and the
752752 west line of the apparent road the following two (2) courses and
753753 distances:
754754 1. South 13°52'34" West, a distance of 157.47 feet to a 1/2" rebar
755755 found;
756756 2. South 27°10'07" West, a distance of 638.82 feet to a 1/2" rebar
757757 with Chaparral cap set for the southeast corner of the 22.818 acre
758758 tract, being in the north right-of-way line of Capitol View Drive
759759 (60' right-of-way width), being also the northeast corner of Lot
760760 15-B, Resubdivision of Lots 14 & 15, Capitol View Estates, a
761761 subdivision of record in Volume 47, Page 100 of the Plat Records of
762762 Travis County, Texas;
763763 THENCE North 62°33'37" West, with the south line of the 22.818
764764 acre tract and the north line of Lot 15-B, a distance of 561.95 feet
765765 to a 1/2" rebar found for the northwest corner of Lot 15-B, being an
766766 angle point in the east line of the 679.66 acre tract;
767767 THENCE South 27°16'23" West, with the east line of the 679.66
768768 acre tract, the west line of the said Resubdivision of Lots 14 & 15,
769769 Capitol View Estates, the west line of Capitol View Estates, the
770770 west line of the Resubdivision of Lots 10, 11, 21, 22 & 23, Capitol
771771 View Estates, a subdivision of record in Volume 48, Page 1 of the
772772 Plat Records of Travis County, Texas, the west line of the
773773 Resubdivision of Lot 5, Capitol View Estates, a subdivision of
774774 record in Volume 55, Page 47 of the Plat Records of Travis County,
775775 Texas, and the west line of the Resubdivision of Lot 4, Capitol View
776776 Estates, a subdivision of record in Volume 58, Page 66 of the Plat
777777 Records of Travis County, Texas, a distance of 4347.40 feet to the
778778 POINT OF BEGINNING, containing 701.655 acres of land, more or less.
779779 SECTION 3. (a) The legal notice of the intention to
780780 introduce this Act, setting forth the general substance of this
781781 Act, has been published as provided by law, and the notice and a
782782 copy of this Act have been furnished to all persons, agencies,
783783 officials, or entities to which they are required to be furnished
784784 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
785785 Government Code.
786786 (b) The governor, one of the required recipients, has
787787 submitted the notice and Act to the Texas Commission on
788788 Environmental Quality.
789789 (c) The Texas Commission on Environmental Quality has filed
790790 its recommendations relating to this Act with the governor,
791791 lieutenant governor, and speaker of the house of representatives
792792 within the required time.
793793 (d) The general law relating to consent by political
794794 subdivisions to the creation of districts with conservation,
795795 reclamation, and road powers and the inclusion of land in those
796796 districts has been complied with.
797797 (e) All requirements of the constitution and laws of this
798798 state and the rules and procedures of the legislature with respect
799799 to the notice, introduction, and passage of this Act have been
800800 fulfilled and accomplished.
801801 SECTION 4. This Act takes effect immediately if it receives
802802 a vote of two-thirds of all the members elected to each house, as
803803 provided by Section 39, Article III, Texas Constitution. If this
804804 Act does not receive the vote necessary for immediate effect, this
805805 Act takes effect September 1, 2013.
806806
807807 Pos. No. Name of Director
808808
809809 1 Sara Partridge
810810
811811 2 Tyler Zickert
812812
813813 3 Ross Rathgeber
814814
815815 4 George Cofer
816816
817817 5 Andrea Rado Hamilton
818818
819819 6 Cile Montgomery
820820
821821 7 Philip Koske