By: Eckhardt S.B. No. 2214
(In the Senate - Filed April 15, 2021; April 19, 2021, read
first time and referred to Committee on Local Government;
May 13, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; May 13, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2214 By: Eckhardt
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Moore's Crossing Municipal
Management District; providing authority to issue bonds; providing
authority to impose assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3999 to read as follows:
CHAPTER 3999. MOORE'S CROSSING MUNICIPAL MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3999.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Austin.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "Director" means a board member.
(5) "District" means the Moore's Crossing Municipal
Management District.
(6) "Exempt property" means property owned by a
governmental entity, including the city, a county, or the Moore's
Crossing MUD.
Sec. 3999.0102. NATURE OF DISTRICT. The Moore's Crossing
Municipal Management District is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3999.0103. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) By creating the district and in authorizing the city and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(c) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(d) This chapter and the creation of the district may not be
interpreted to relieve the city from providing the level of
services provided as of the effective date of the Act enacting this
chapter to the area in the district. The district is created to
supplement and not to supplant city services provided in the
district.
Sec. 3999.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) All land and other property included in the district will
benefit from the improvements and services to be provided by the
district under powers conferred by Sections 52 and 52-a, Article
III, and Section 59, Article XVI, Texas Constitution, and other
powers granted under this chapter.
(b) The district is created to serve a public use and
benefit.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for drainage, road, and recreational
facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3999.0105. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3999.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code; or
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code.
Sec. 3999.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3999.0108. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3999.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors who serve staggered
terms of four years.
(b) Directors are elected in the manner provided by
Subchapter D, Chapter 49, Water Code.
(c) The board may not create an executive committee to
exercise the powers of the board.
Sec. 3999.0202. MEETINGS; NOTICE. (a) The board shall hold
meetings at a place accessible to the public.
(b) The board must post notice of each meeting with the city
secretary not later than 72 hours before the scheduled time of the
meeting.
Sec. 3999.0203. COMPENSATION; EXPENSES. The district may
compensate each director in an amount not to exceed $150 for each
board meeting. The total amount of compensation for each director
in one year may not exceed $7,200.
Sec. 3999.0204. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district according to the most recent certified tax appraisal roll
for the county may submit a petition to the commission requesting
that the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) The temporary or successor temporary directors shall
hold an election to elect five permanent directors as provided by
Section 49.102, Water Code.
(c) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Subsection (b); or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(d) If permanent directors have not been elected under
Subsection (b) and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (e) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Subsection (b); or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(e) If Subsection (d) applies, the owner or owners of a
majority of the assessed value of the real property in the district
according to the most recent certified tax appraisal roll for the
county may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3999.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3999.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
The district, using any money available to the district for the
purpose, may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service authorized under this chapter or Chapter 375, Local
Government Code.
(b) The district may contract with a governmental or private
entity to carry out an action under Subsection (a).
(c) The implementation of a district project or service is a
governmental function or service for the purposes of Chapter 791,
Government Code.
Sec. 3999.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads or
improvements, including storm drainage, in aid of those roads.
Sec. 3999.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 3999.0305. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3999.0306. ADDING OR EXCLUDING LAND. The district may
add or exclude land in the manner provided by Subchapter J, Chapter
49, Water Code, or by Subchapter H, Chapter 54, Water Code.
Sec. 3999.0307. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 3999.0308. EXEMPT PROPERTY. The district may not
impose an assessment, fee, tax, or other charge on an exempt
property.
Sec. 3999.0309. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. ASSESSMENTS
Sec. 3999.0401. PETITION REQUIRED FOR FINANCING SERVICES
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 3999.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3999.0501. TAX ELECTION REQUIRED. The district must
hold an election in the manner provided by Chapter 49, Water Code,
or, if applicable, Chapter 375, Local Government Code, to obtain
voter approval before the district may impose an ad valorem tax.
Sec. 3999.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 3999.0501, the district may impose an
operation and maintenance tax on taxable property in the district
in the manner provided by Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the operation and maintenance
tax rate. The rate may not exceed the rate approved at the
election.
Sec. 3999.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
terms determined by the board.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
Sec. 3999.0504. BONDS SECURED BY REVENUE OR CONTRACT
PAYMENTS. The district may issue, without an election, bonds
secured by:
(1) revenue other than ad valorem taxes, including
contract revenues; or
(2) contract payments, provided that the requirements
of Section 49.108, Water Code, have been met.
Sec. 3999.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
3999.0501, the district may issue bonds payable from ad valorem
taxes.
(b) Section 375.243, Local Government Code, does not apply
to the district.
(c) At the time the district issues bonds payable wholly or
partly from ad valorem taxes, the board shall provide for the annual
imposition of a continuing direct annual ad valorem tax, without
limit as to rate or amount, for each year that all or part of the
bonds are outstanding as required and in the manner provided by
Sections 54.601 and 54.602, Water Code.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3999.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
board may not issue bonds until each municipality in whose
corporate limits or extraterritorial jurisdiction the district is
located has consented by ordinance or resolution to the creation of
the district and to the inclusion of land in the district.
(b) This section applies only to the district's first
issuance of bonds payable from ad valorem taxes.
SECTION 2. The Moore's Crossing Municipal Management
District initially includes all territory contained in the
following area:
TRACT 1
A 162.83 ACRE TRACT OF LAND, SITUATED IN THE NOEL M. BAIN SURVEY,
SECTION NO. 1, ABSTRACT NO. 61, BEING OUT OF THE REMNANT PORTION OF
A CALLED 1.425 ACRE TRACT, CONVEYED TO SR DEVELOPMENT, INC.,
RECORDED IN DOCUMENT NO. 2006151559 OF THE OFFICIAL PUBLIC RECORDS
OF TRAVIS COUNTY, TEXAS, BEING ALL OF A CALLED 1.075 ACRE TRACT OF
LAND CONVEYED TO SR DEVELOPMENT, INC, RECORDED IN DOCUMENT NO.
2007087977 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
BEING THE REMNANT PORTION OF A CALLED 61.300 ACRE TRACT CONVEYED TO
SR DEVELOPMENT, INC., RECORDED IN DOCUMENT NO. 2004106868 OF THE
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, BEING OUT OF THE
REMNANT PORTION OF A CALLED 406.804 ACRE TRACT CONVEYED TO SR
DEVELOPMENT INC, RECORDED IN VOLUME 11921, PAGE 585 OF THE REAL
PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, BEING ALL OF A CALLED 3.03
ACRE TRACT CONVEYED TO TSWG 130, LLC IN DOCUMENT NO. 2009091036 OF
THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, AS DESCRIBED
IN DOCUMENT NO. 2003205235 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
COUNTY, TEXAS, BEING ALL OF LOTS 1-46, LINDA VISTA, A SUBDIVISION
ACCORDING TO THE PLAT RECORDED IN VOLUME 57, PAGE 91 OF THE PLAT
RECORDS OF TRAVIS COUNTY, TEXAS, CONVEYED TO TSWG 130, LLC IN
DOCUMENT NO. 2009091036 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
COUNTY, TEXAS, BEING ALL OF A CALLED 16.00 ACRE TRACT CONVEYED TO
KELLER ROAD INVESTMENTS, LTD., RECORDED IN DOCUMENT NO. 2020018595
OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, AND BEING
ALL OF A CALLED 33.315 ACRE TRACT (PART 1) CONVEYED TO TSWG 130, LLC
RECORDED IN DOCUMENT NO. 2008010971 OF THE OFFICIAL PUBLIC RECORDS
OF TRAVIS COUNTY, TEXAS. SAID 162.83 ACRE TRACT BEING MORE FULLY
DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE NORTH AMERICAN
DATUM OF 1983 (NA 2011) EPOCH 2010.00, FROM THE TEXAS COORDINATE
SYSTEM ESTABLISHED FOR THE CENTRAL ZONE:
BEGINNING at a calculated point on the southeast right-of-way line
of F.M. 973, a variable width right-of-way, said point being in the
southwest right-of-way line of Elroy Road, a variable width
right-of-way, said point being the north corner of said 1.425-acre
tract for the northernmost corner and POINT OF BEGINNING hereof;
THENCE with the southwest right-of-way line of said Elroy Road,
same being the northeast boundary line of said 1.425-acre tract,
and, in part, with the northeast boundary line of said 61.300-acre
tract the following nine (9) courses and distances:
1. S 69°53'40" E, a distance of 74.75 feet to a calculated
angle point hereof,
2. S 39°57'21" E, a distance of 173.48 feet to a calculated
angle point hereof,
3. S 32°23'35" E, a distance of 156.65 feet to a calculated
point of non-tangent curvature hereof,
4. along the arc of a curve to the left, having a radius of
1071.64 feet, a central angle of 16°33'52", a chord bearing and
distance of S 40°44'06" E, 308.74 feet, for an arc length of 309.82
feet to a calculated point of non-tangency hereof,
5. S 62°15'32" E, a distance of 92.50 feet to a calculated
point of non-tangent curvature hereof,
6. along the arc of a curve to the left, having a radius of
1070.09 feet, a central angle of 01°07'36", a chord bearing and
distance of S 57°04'52" E, 21.04 feet, for an arc length of 21.04
feet to a calculated point of non-tangency hereof,
7. S 62°15'32" E, a distance of 195.70 feet to a calculated
angle point hereof,
8. S 60°51'45" E, a distance of 246.75 feet to a calculated
angle point hereof, and
9. S 52°58'17" E, a distance of 999.95 feet to a calculated
point on the southwest right-of-way line of said Elroy Road, same
being a point in the northwest right-of-way line of Texas Toll Road
130, a variable width right-of-way recorded in Document
No. 2006139920 of the Official Public Records of Travis County,
Texas, said point being the easternmost corner of said 61.300-acre
tract for the easternmost northeast corner hereof;
THENCE S 27°46'44" W, with the northwest right-of-way line of said
Texas Toll Road 130, same being the southeast boundary line of said
61.300-acre tract, a distance of 378.98 feet to a calculated point
in the northwest right-of-way line of said Texas Toll Road 130, said
point being the southeast corner of the Remnant Portion of said
61.300-acre tract, same being the east corner of a Remnant Portion
of said 406.804-acre tract for an angle point hereof;
THENCE S 10°06'56" W, continuing with the northwest right-of-way
line of said Texas Toll Road 130, same being the southeast boundary
line of a Remnant Portion of said 406.804-acre tract, a distance of
232.06 feet to a calculated angle point hereof;
THENCE S 19°25'15" W, continuing with the northwest right-of-way
line of said Texas Toll Road 130, same being the southeast boundary
line of a Remnant Portion of said 406.804-acre tract, a distance of
1953.51 feet to a calculated point in the northwest right-of-way
line of said Texas Toll Road 130, said point being a south corner of
the Remnant Portion of said 406.804-acre tract, same being the east
corner of said 33.315-acre tract for an angle point hereof;
THENCE S 20°12'48" W, continuing with the northwest right-of-way
line of said Texas Toll Road 130, same being the southeast boundary
line of said 33.315-acre tract, a distance of 2591.47 feet to a
calculated point on the northwest right-of-way line of said Texas
Toll Road 130, said point being on the northeast right-of-way line
of McAngus Road, a variable width right-of-way, said point being
the southeast corner of said 33.315-acre tract for the easternmost
southeast corner hereof;
THENCE departing the northwest right-of-way of said Texas Toll Road
130, with the northerly right-of-way line of said McAngus Road,
same being the southerly boundary line of said 33.315-acre tract
the following three (3) courses and distances:
1. N 75°16'47" W, a distance of 362.93 feet to a calculated
angle point hereof,
2. S 28°09'48" W, a distance of 85.27 feet to a calculated
point for the southernmost southeast corner hereof, and
3. N 61°55'51" W, a distance of 370.76 feet to a calculated
point in the northeast right-of-way line of said McAngus Road, said
point being the southwest corner of said 33.315-acre tract, same
being the south corner of a called 3.100-acre tract recorded in
Document No. 2009003712 of the Official Public Records of Travis
County, Texas for the southernmost southwest corner hereof;
THENCE N 28°30'03" E, with a northwest boundary line of said
33.315-acre tract, same being the southeast boundary line of said
3.100-acre tract, and, in part, with the southeast boundary line of
a called 12.000-acre tract recorded in Document No. 2009003712 of
the Official Public Records of Travis County, Texas, a distance of
1456.72 feet to a calculated point in the northwest boundary line of
said 33.315-acre tract, said point being the east corner of said
12.000-acre tract, same being the south corner of Ferguson Bain
Subdivision, a subdivision according to the plat recorded in
Document No. 201600012 of the Official Public Records of Travis
County, Texas for an angle point hereof;
THENCE N 28°39'27" E, continuing with a northwest boundary line of
said 33.315-acre tract, same being the southeast boundary line of
said Ferguson Bain Subdivision, and, in part, with the southeast
boundary line of a called 5.00-acre tract (Tract 2), and, in part,
with the southeast boundary line of a called 3.0-acre tract, both
recorded in Document No. 2018189524 of the Official Public Records
of Travis County, Texas, a distance of 1273.46 feet to a calculated
point at the east corner of said 3.0-acre tract, same being the
north corner of said 33.315-acre tract, same being a west corner of
the Remnant Portion of said 406.804-acre tract, also being the
south corner of said 16.00-acre tract a southwest ell corner
hereof;
THENCE N 61°41'07" W, with the southwest boundary line of said
16.00-acre tract, same being the northeast boundary line of said
3.0-acre tract, and, in part, with the northeast boundary line of a
called 3.0-acre tract recorded in Document No. 2018046769 of the
Official Public Records of Travis County, Texas, a distance of
856.25 feet to a calculated point at the west corner of said
16.00-acre tract, same being a point in the northeast boundary line
of said 3.0-acre tract, also being the south corner of the Remnant
Portion of a called 41.79-acre tract recorded in Document
No. 2010133616 of the Official Public Records of Travis County,
Texas for a southwest corner hereof;
THENCE N 28°30'25" E, departing the northeast boundary line of said
3.0-acre tract, with the northwest boundary line of said 16.00-acre
tract, same being the southeast boundary line of the Remnant
Portion of said 41.79-acre tract, a distance of 808.54 feet to a
calculated point in the southwest boundary line of said Linda Vista
Subdivision, said point being the north corner of said 16.00-acre
tract, same being the east corner of the Remnant Portion of said
41.79-acre tract for a southwest ell corner hereof;
THENCE N 62°25'23" W, with the southwest boundary line of said Linda
Vista Subdivision, same being the northeast boundary line of said
41.79-acre tract, a distance of 1227.54 feet to a calculated point
in the southeast boundary line of said 3.03-acre tract, said point
being in the southwest boundary line of said Linda Vista
Subdivision, also being the northwest corner of said 41.79-acre
tract for a southeast ell corner hereof;
THENCE S 27°24'37" W, with the southeast boundary line of said
3.03-acre tract, same being the northwest boundary line of said
41.79-acre tract, a distance of 324.05 feet to a calculated point on
the north ell corner of said 41.79-acre tract, same being the south
corner of said 3.03-acre tract for a south corner hereof;
THENCE N 63°31'23" W, with a northeast boundary line of said
41.79-acre tract, same being the southwest boundary line of said
3.03-acre tract, a distance of 278.80 feet to a calculated point in
the southeast right-of-way line of said F.M. 973, said point being a
northwest corner of said 41.79-acre tract, same being the west
corner of said 3.03-acre tract for the westernmost corner hereof;
THENCE N 27°29'55" E, with the southeast right-of-way line of said
F.M. 973, same being the northwest boundary line of said 3.03-acre
tract, a distance of 473.60 feet to a calculated point in the
southeast right-of-way line of said F.M. 973, said point being the
north corner of said 3.03-acre tract, same being the west corner of
said Linda Vista Subdivision for an angle point hereof;
THENCE N 27°21'34" E, continuing with the southeast right-of-way
line of said F.M. 973,same being the northwest boundary line of said
Linda Vista Subdivision, a distance of 409.78 feet to a calculated
point in the southeast right-of-way line of said F.M. 973, said
point being the north corner of said Linda Vista Subdivision, same
being the west corner of the Remnant Portion of said 61.300-acre
tract for an angle point hereof;
THENCE continuing with the southeast right-of-way line of said F.M.
973, same being the northwest boundary line of the Remnant Portion
of said 61.300-acre tract the following four (4) courses and
distances:
1. N 26°52'18" E, a distance of 809.68 feet to a calculated
point of non-tangent curvature hereof,
2. along the arc of a curve to the right, having a radius of
1748.80 feet, a central angle of 17°04'21", a chord bearing and
distance of N 35°19'01" E, 519.17 feet, for an arc length of 521.10
feet to a calculated point of non-tangency hereof,
3. N 45°47'30" E, a distance of 160.07 feet to a calculated
angle point hereof, and
4. N 48°19'35" E, a distance of 118.16 feet to the POINT OF
BEGINNING and containing 162.83 acres in Travis County, Texas.
TRACT 2
A 49.22 ACRE TRACT OF LAND, SITUATED IN THE NOEL M. BAIN SURVEY,
SECTION NO. 1, ABSTRACT NO. 61, BEING THE REMNANT PORTION OF A
CALLED 18.909 ACRE TRACT CONVEYED TO TSWG 130, LLC, RECORDED IN
DOCUMENT NO. 2008010971 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
COUNTY, TEXAS, BEING THE REMNANT PORTION OF A CALLED 22.880 ACRE
TRACT CONVEYED TO M C JOINT VENTURE, RECORDED IN DOCUMENT NO.
2009193716 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
BEING ALL OF A CALLED 7.267 ACRE TRACT (TRACT 2) AS DESCRIBED IN
CONDEMNATION CASE No. C-1-CV-10-001089 OF THE COUNTY COURT RECORDS
OF TRAVIS COUNTY TEXAS, AND BEING ALL OF A CALLED 5.461 ACRE TRACT
(TRACT 1) RECORDED IN CONDEMNATION CASE NO. C-1-CV-10-001090 OF THE
COUNTY COURT RECORDS OF TRAVIS COUNTY TEXAS. SAID 49.22 ACRE TRACT
BEING MORE FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE
NORTH AMERICAN DATUM OF 1983 (NA 2011) EPOCH 2010.00, FROM THE TEXAS
COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE:
BEGINNING at a calculated point in the southeast right-of-way line
of Texas Toll Road 130, a variable width right-of-way, same being a
point in the northeast right-of-way line of McAngus Road, a
variable width right-of-way, said point being the west corner of
said 7.267-acre tract for the southernmost southwest corner and
POINT OF BEGINNING hereof;
THENCE N 19°53'28" E, departing the northeast right-of-way line of
said McAngus Road, with the southeast right-of-way line of said
Texas Toll Road 130, same being the northwest boundary line of said
7.267-acre tract, and, in part, with the northwest boundary line of
said 5.461-acre tract, a distance of 2859.33 feet to a calculated
angle point hereof;
THENCE N 24°10'34" E, continuing with the southeast right-of-way
line of said Texas Toll Road 130, same being the northwest boundary
line of said 5.461-acre tract, a distance of 1220.30 feet to a
calculated point in the southeast right-of-way line of said Texas
Toll Road 130, same being a point in the southwest right-of-way line
of Engler Park Street, a variable width right-of-way recorded in
Volume 10861, Page 173 of the Real Property Records of Travis
County, Texas for the north corner hereof;
THENCE S 50°36'54" E, with the southwest right-of-way line of said
Engler Park Street, same being the northeast boundary line of said
5.461-acre tract, and, in part, with the northeast boundary line of
said 22.880-acre tract, a distance of 294.87 feet to a calculated
point of non-tangent curvature hereof;
THENCE along the arc of a curve to the right, with the west
right-of-way line of said Engler Park Street, same being an east
boundary line of said 22.880-acre tract, said curve having a radius
of 20.00 feet, a central angle of 89°56'32", a chord bearing and
distance of S 05°36'57" E, 28.27 feet, for an arc length of 31.40
feet to a calculated point of non-tangency hereof;
THENCE S 39°24'37" W, with the northwest right-of-way line of said
Engler Park Road, same being a southeast boundary line of said
22.880-acre tract, a distance of 48.56 feet to a calculated point at
the west terminus of said Engler Park Street, said point being an
east ell corner of said 22.880-acre tract for an east ell corner
hereof;
THENCE S 50°35'34" E, with the southwest terminus of said Engler
Park Street, same being a northeast boundary line of said
22.880-acre tract, a distance of 69.97 feet to a calculated point at
the south terminus of said Engler Park Road, said point being in the
northeast boundary line of said 22.880-acre tract, same being the
west corner of a called 4.010-acre tract recorded in Document
No. 2003100667 of the Official Public Records of Travis County,
Texas for an angle point in the northeast boundary line hereof;
THENCE with a northeast boundary line of said 22.880-acre tract,
same being the southwest boundary line of said 4.010-acre tract the
following three (3) courses and distances:
1. S 50°18'48" E, a distance of 310.59 feet to a calculated
angle point hereof,
2. S 30°06'51" E, a distance of 358.67 feet to a calculated
angle point hereof, and
3. S 54°54'46" E, a distance of 84.04 feet to a calculated
point at a north ell corner of said 22.880-acre tract, same being
the south corner of said 4.010-acre tract for a north ell corner
hereof;
THENCE N 48°26'18" E, with a northwest boundary line of said
22.880-acre tract, same being the southeast boundary line of said
4.010-acre tract, a distance of 52.17 feet to a calculated angle
point hereof;
THENCE N 44°04'10" E, continuing with a northwest boundary line of
said 22.880-acre tract, same being the southeast boundary line of
said 4.010-acre tract, a distance of 122.72 feet to a calculated
point for a west ell corner of said 22.880-acre tract, same being
the east corner of said 4.010-acre tract for a west ell corner
hereof;
THENCE with a southwest boundary line of said 22.880-acre tract,
same being the northeast boundary line of said 4.010-acre tract the
following three (3) courses and distances:
1. N 25°44'58" W, a distance of 189.43 feet to a calculated
point hereof,
2. N 26°57'56" W, a distance of 303.72 feet to a calculated
point hereof, and
3. N 56°07'21" W, a distance of 300.37 feet to a calculated
point in the southeast right-of-way line of said Engler Park Road,
said point being a west corner of said 22.880-acre tract, same being
the north corner of said 4.010-acre tract for a west corner hereof,
THENCE N 39°23'16" E, with the southeast right-of-way line of said
Engler Road, same being a northwest boundary line of said
22.880-acre tract, a distance of 103.65 feet to a calculated point
in the southeast right-of-way line of said Engler Park Road, said
point being the north corner of said 22.880-acre tract, same being
the east corner of Moores Crossing, Phase A, Section II, a
subdivision according to the plat recorded in Volume 88, Page 68 of
the Plat Records of Travis County, Texas for the north corner
hereof;
THENCE S 53°35'59" E, with the northeast boundary line of said
22.880-acre tract, same being the southwest boundary line of said
Moores Crossing, Phase A, Section II, a distance of 338.79 feet to a
calculated angle point hereof;
THENCE S 39°11'19" E, continuing with the northeast boundary line
of said 22.880-acre tract, same being the southwest boundary line
of said Moores Crossing, Phase A, Section II, a distance of 309.50
feet to a calculated point in the northeast boundary line of said
22.880-acre tract, same being the south corner of said Moores
Crossing, Phase A, Section II, also being the west corner of Moores
Crossing, Phase A, Section I, a subdivision according to the plat
recorded in Volume 87, Page 155 of the Plat Records of Travis
County, Texas
THENCE continuing with the northeast boundary line of said
22.880-acre tract, same being the southwest boundary line of said
Moores Crossing, Phase A, Section I the following three (3) courses
and distances:
1. S 25°57'12" E, a distance of 132.86 feet to a calculated
angle point hereof.
2. S 51°08'03" E, a distance of 303.13 feet to a calculated
angle point hereof. and
3. S 44°09'11" E, a distance of 67.26 feet to a calculated
point at the west corner of said 22.880-acre tract, same being a
southwest corner of said Moores Crossing, Phase A, Section I, also
being the north corner of Stoney Ridge, Section 5-A, a subdivision
according to the plat recorded in Document No. 200200132 of the
Official Public Records of Travis County, Texas for the west corner
hereof;
THENCE with the southeasterly boundary line of said 22.880-acre
tract, same being the northwesterly boundary line of said Stoney
Ridge, Phase 5-A the following (11) courses and distances:
1. S 37°06'58" W, a distance of 87.18 feet to a calculated
point of non-tangent curvature hereof,
2. along the arc of a curve to the left, having a radius of
1032.00 feet, a central angle of 04°16'00", a chord bearing and
distance of S 33°27'02" W, 76.83 feet, for an arc length of 76.85
feet to a calculated point of non-tangency hereof,
3. N 42°50'07" W, a distance of 74.90 feet to a calculated
angle point hereof,
4. N 55°26'05" W, a distance of 297.15 feet to a calculated
angle point hereof,
5. S 44°16'47" W, a distance of 119.71 feet to a calculated
angle point hereof,
6. S 48°19'01" W, a distance of 50.48 feet to a calculated
angle point hereof,
7. S 34°40'00" W, a distance of 145.17 feet to a calculated
angle point hereof,
8. S 31°18'41" W, a distance of 267.70 feet to a calculated
angle point hereof,
9. S 27°11'50" W, a distance of 273.71 feet to a calculated
angle point hereof,
10. S 62°48'10" E, a distance of 25.00 feet to a calculated
angle point hereof, and
11. S 27°11'50" W, a distance of 117.00 feet to a calculated
point in the northeast boundary line of a called 34.000-acre tract
recorded in Document No. 200513348 of the Official Public Records
of Travis County, Texas, said point being a south corner of said
22.880-acre tract, same being the west corner of said Stoney Ridge,
Phase 5-A for a southeast corner hereof,
THENCE N 62°50'15" W, with a southeast boundary line of said
22.880-acre tract, same being the northeast boundary line of said
34.000-acre tract, and, in part, with the northeast boundary line
of a called 10.136-acre tract recorded in Document No. 2004171660
of the Official Public Records of Travis County, Texas, a distance
of 472.25 feet to a calculated point at a southeast ell corner of
said 28.880-acre tract, same being the north corner of said
10.136-acre tract for a southeast ell corner hereof;
THENCE S 26°52'34" W, with a southeast boundary line of said
28.880-acre tract, same being the northwest boundary line of said
10.136-acre tract, a distance of 215.87 feet to a calculated angle
point hereof;
THENCE S 28°09'58" W, with a southeast boundary line of said
28.880-acre tract, same being the northwest boundary line of said
10.136-acre tract, a distance of 952.60 feet to a calculated point
in the southeast boundary line of said 22.880-acre tract, said
point being the west corner of said 10.136-acre tract, same being
the north corner of a called 0.998-acre tract recorded in Document
No. 2004177205 of the Official Public Records of Travis County,
Texas for an angle point hereof;
THENCE S 26°20'45" W, continuing with a southeast boundary line of
said 28.880-acre tract, same being the northwest boundary line of
said 0.998-acre tract, a distance of 161.85 feet to a calculated
point in the southeast boundary line of said 22.880-acre tract,
said point being the west corner of said 0.998-acre tract, same
being the north corner of a called 1.873-acre tract recorded in
Document No. 2004171660 of the Official Public Records of Travis
County, Texas for an angle point hereof;
THENCE S 27°32'17" W, continuing with a southeast boundary line of
said 28.880-acre tract, same being the northwest boundary line of
said 1.873-acre tract, a distance of 301.85 feet to a calculated
point in the southeast boundary line of said 22.880-acre tract,
said point being the west corner of said 1.873-acre tract, same
being the north corner of a called 0.927-acre tract recorded in
Document No. 2004092946 of the Official Public Records of Travis
County, Texas for an angle point hereof;
THENCE S 27°47'26" W, continuing with a southeast boundary line of
said 28.880-acre tract, same being the northwest boundary line of
said 2.996-acre tract, a distance of 149.81 feet to a calculated
point in the southeast boundary line of said 22.880-acre tract,
said point being the west corner of said 0.927-acre tract, same
being the north corner of a called 2.996-acre tract recorded in
Document No. 2004032363 of the Official Public Records of Travis
County, Texas for an angle point hereof;
THENCE S 27°59'19" W, continuing with a southeast boundary line of
said 28.880-acre tract, same being the northwest boundary line of
said 2.996-acre tract, and, in part, with the northwest boundary
line of a called 0.501-acre tract recorded in Document
No. 2003278680 of the Official Public Records of Travis County,
Texas, a distance of 567.39 feet to a calculated point in the
southeast boundary line of said 22.880-acre tract, said point being
the west corner of said 0.501-acre tract, same being the north
corner of a called 0.369-acre tract recorded in Document
No. 2004039131 of the Official Public Records of Travis County,
Texas for an angle point hereof;
THENCE S 27°51'19" W, continuing with a southeast boundary line of
said 28.880-acre tract, same being the northwest boundary line of
said 0.369-acre tract, and, in part, with the northwest boundary
line of Lot A, McAngus Road Addition, a subdivision according to the
plat recorded in Volume 69, Page 28 of the Plat Records of Travis
County, Texas, a distance of 534.70 feet to a calculated point in
the northeast right-of-way line of said McAngus Road, said point
being in the northwest boundary line of said Lot A, same being the
south corner of said Lot A for the south corner hereof;
THENCE N 38°48'25" W, with the northeast right-of-way line of
said McAngus Road, same being the southwest boundary line of said
22.880-acre tract, a distance of 143.07 feet to the POINT OF
BEGINNING and containing 49.22 acres in Travis County, Texas.
TRACT 3
A 10.39 ACRE TRACT OF LAND, SITUATED IN THE NOEL M. BAIN SURVEY,
SECTION NO. 1, ABSTRACT NO. 61, BEING OUT OF THE REMNANT PORTION OF
A CALLED 406.804 ACRE TRACT CONVEYED TO M C JOINT VENTURE, RECORDED
IN VOLUME 11921, PAGE 585 OF THE REAL PROPERTY RECORDS OF TRAVIS
COUNTY, TEXAS, AND BEING ALL OF A CALLED 5.308 ACRE TRACT (TRACT 1)
AS DESCRIBED IN CASE CONDEMNATION NO. C-1-CV-10-001090 RECORDED IN
THE COUNTY COURT RECORDS OF TRAVIS COUNTY, TEXAS. SAID 10.39 ACRE
TRACT BEING MORE FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON
THE NORTH AMERICAN DATUM OF 1983 (NA 2011) EPOCH 2010.00, FROM THE
TEXAS COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE:
BEGINNING at a calculated point in the southeast right-of-way line
of Texas Toll Road 130, a variable width right-of-way, said point
being in the southwest right-of-way line of Elroy Road, a variable
width right-of-way, said point being the north corner of said
5.308-acre tract for the north corner and POINT OF BEGINNING
hereof;
THENCE S 70°07'01" E, departing the southeast right-of-way of said
Texas Toll Road, with the southwest right-of-way line of said Elroy
Road, same being the north boundary line of said 5.308-acre tract,
and, in part with the northeast boundary line of a Remnant Portion
of said 406.804-acre tract, a distance of 301.64 feet to a
calculated point in the southwest right-of-way line of said Elroy
Road, said point being the northwest terminus of Moores Crossing
Blvd., a 70-foot right-of-way recorded in Volume 10467, Page 982 of
the Real Property Records of Travis County, Texas for the east
corner hereof;
THENCE departing the southwest right-of-way line of said Elroy
Road, with the northwest right-of-way line of said Moores Crossing
Blvd., same being the southeast boundary line of the Remnant
Portion of said 406.804-acre tract for the following five (5)
courses and distances:
1. S 28°06'53" W, a distance of 233.47 feet to a calculated
point of non-tangent curvature hereof,
2. along the arc of a curve to the left, said curve having a
radius of 685.00 feet, a central angle of 10°33'14", a chord bearing
and distance of S 22°38'56" W, 126.00 feet, for an arc length of
126.18 feet to a calculated point of non-tangency hereof,
3. S 17°22'18" W, a distance of 463.68 feet to a calculated
point of non-tangent curvature hereof,
4. along the arc of a curve to the right, having a radius of
615.00 feet, a central angle of 22°00'22", a chord bearing and
distance of S 28°22'28" W, 234.76 feet, for an arc length of 236.21
feet to a calculated point of non-tangency hereof, and
5. S 39°25'26" W, a distance of 171.25 feet to a calculated
point in the northwest right-of-way line of said Moores Crossing
Blvd., said point being the northeast terminus of Engler Park
Street, a variable width right-of-way recorded in Volume 10861,
Page 173 of the Real Property Records of Travis County, Texas, same
being the easternmost southeast corner of the Remnant Portion of
said 406.804-acre tract for the easternmost southeast corner and
point of non-tangent curvature hereof;
THENCE along the arc of a curve to the right, with the north
right-of-way line of said Engler Park Street, same being the south
boundary line of the Remnant Portion of said 406.804-acre tract,
said curve having a radius of 25.00 feet, a central angle of
89°55'20", a chord bearing and distance of S 84°24'07" W, 35.33
feet, for an arc length of 39.24 feet to a calculated point in the
northeast right-of-way line of said Engler Park Street, same being
the southwest boundary line of the Remnant Portion of said
406.804-acre tract for the southernmost southwest corner hereof;
THENCE N 50°36'59" W, with the northeast right-of-way line of said
Engler Park Street, same being the southwest boundary line of the
Remnant Portion of said 406.804-acre tract, and, in part, the
southwest boundary line of said 5.308-acre tract, a distance of
307.20 feet to a calculated point in the southeast right-of-way
line of said Texas Toll Road 130, said point being in the northeast
right-of-way line of said Engler Park Street, said point being the
southernmost southwest corner of said 5.308-acre tract for the
southernmost southwest corner hereof;
THENCE departing the northeast right-of-way line of said Engler
Park Street, with the southeast right-of-way line of said Texas
Toll Road 103, same being the northwest boundary line of said
5.308-acre tract the following four (4) courses and distances:
1. N 24°10'34" E, a distance of 77.10 feet to a calculated
angle point hereof,
2. N 19°38'37" E, a distance of 788.67 feet to a calculated
angle point hereof,
3. N 38°57'16" E, a distance of 38.23 feet to a calculated
angle point hereof, and
N 47°11'15" E, a distance of 252.87 feet to the POINT OF
BEGINNING and containing 10.39 acres in Travis County, Texas.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
* * * * *