87R18388 ANG-F
By: Buckingham S.B. No. 2223
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Travis County Municipal Utility
District No. 27; granting a limited power of eminent domain;
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 F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7950A to read as follows:
CHAPTER 7950A. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 27
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7950A.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Travis County Municipal
Utility District No. 27.
Sec. 7950A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7950A.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7950A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7950A.0103 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.
Sec. 7950A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7950A.0106. 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 made 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 bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7950A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7950A.0202, directors
serve staggered four-year terms.
Sec. 7950A.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district 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) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7950A.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7950A.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7950A.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
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. 7950A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7950A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7950A.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. 7950A.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. 7950A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 7950A.0306. DIVISION OF DISTRICT. (a) The district
may be divided into two or more new districts only if the district:
(1) has never issued any bonds; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) A new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
7950A.0103 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 7950A.0103.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
7950A.0104 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7950A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section
7950A.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7950A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7950A.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7950A.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7950A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7950A.0502. TAXES FOR BONDS. 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 ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7950A.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Travis County Municipal Utility District
No. 27 initially includes all the territory contained in the
following area:
FIELD NOTES FOR A 479.689 ACRE TRACT OF LAND OUT OF THE G.H.
COX SURVEY NUMBER 44, ABSTRACT 2563 AND THE BEATY, SEALE AND FORWOOD
SURVEY NUMBER 45, ABSTRACT 131, TRAVIS COUNTY, TEXAS; BEING ALL OF
THE CALLED 91.97 ACRE TRACT (FIRST TRACT), 80 ACRE TRACT (THIRD
TRACT), 40.97 ACRE TRACT (FIFTH TRACT) AND PORTIONS OF THE CALLED
148.03 ACRE TRACT (SECOND TRACT) AND 330 ACRE TRACT (FOURTH TRACT)
OF LAND AS CONVEYED TO HOLMES FAMILY PROPERTIES, LTD. BY SPECIAL
WARRANTY DEEDS RECORDED IN VOLUME 12733, PAGE 826 AND VOLUME 13019,
PAGE 1028 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS;
SAID 479.689 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron pipe found on the northerly
right-of-way line of Bee Creek Road (a public roadway) as described
in Travis County Commissioners Court Road Book Number 3, Pages
460-481, at the southeast corner of BRIARCLIFF, INC., SECTION 14, a
subdivision as recorded in Volume 49, Page 21 of the Plat Records of
Travis County, Texas, for the southwest corner and POINT OF
BEGINNING of the herein described tract;
THENCE, with the east line of said BRIARCLIFF, SECTION 14, N
29°13'42" E a distance of 2,698.71 feet to a 1/2-inch iron rod found
on the easterly right-of-way of S. Cowal Drive (60' ROW), for an
angle point of the herein described tract;
THENCE, with the east right-of-way of said S. Cowal Drive, N
29°14'10" E a distance of 1,191.95 feet to a 1/2-inch iron rod found
for an angle point of the herein described tract;
THENCE, with the east line of BRIARCLIFF, INC., SECTION 16, a
subdivision as recorded in Volume 43, Page 37 of the Plat Records of
Travis County, Texas, N 29°13'58" E a distance of 2,831.88 feet to a
1/2-inch iron rod with cap stamped "BGE INC" set for an angle point
of the herein described tract;
THENCE, continuing with the east line of said BRIARCLIFF,
SECTION 16, N 27°23'59" E a distance of 818.51 feet to a 1/2-inch
iron rod with cap stamped "BGE INC" set for an angle point of the
herein described tract;
THENCE, with the east line of BRIARCLIFF, INC., SECTION 8, a
subdivision as recorded in Volume 37, Page 36 of the Plat Records of
Travis County, Texas, N 24°52'52" E a distance of 690.22 feet to a
1/2-inch iron rod with cap stamped "BGE INC" set for an angle point
of the herein described tract;
THENCE, continuing with the east line of said BRIARCLIFF,
SECTION 8, N 24°25'53" W a distance of 34.88 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
THENCE, continuing with the east line of said BRIARCLIFF,
SECTION 8, N 26°32'24" E distance of 994.15 feet to a 1/2-inch iron
rod found on the east line of BRIARCLIFF, SECTION 4, a subdivision
as recorded in Volume 35, Page 27 of the Plat Records of Travis
County, Texas, for an angle point of the herein described tract;
THENCE, with the east line of said BRIARCLIFF, SECTION 4, N
26°27'59" E, pass a 1/2-inch iron rod found at the common east corner
of Lots 836 & 837, both of said BRIARCLIFF, SECTION 4 at a distance
of 947.98 feet, and continuing on for a total distance of 1,300.74
feet to a calculated point (inundated) on the approximate south
bank of the Colorado River;
THENCE, with the approximate south bank of the Colorado
River, the following five (5) courses:
1) S 61°58'44" E a distance of 325.40 feet to a calculated
angle point (inundated);
2) S 73°06'44" E a distance of 576.30 feet to a calculated
angle point (inundated);
3) S 78°24'47" E a distance of 1,021.72 feet to a calculated
angle point (inundated);
4) S 76°04'44" E a distance of 652.20 feet to a calculated
angle point (inundated); and
5) S 78°15'44" E a distance of 279.30 feet to a calculated
point (inundated) for the northeast corner of the herein described
tract;
THENCE, with the east line of said Holmes Family Properties
91.97-acre tract, S 28°50'35" W, pass a cotton gin spindle found on
the northerly right-of-way line of Johnson Way (34' R.O.W.) at the
southwest corner of Lot 26-A of TOLLETT LAKESIDE, a subdivision as
recorded in Document Number 200900087 of the Official Public
Records of Travis County, Texas at a distance of 267.31 feet, and
continuing on for a total distance of 611.65 feet to a 1/2-inch iron
rod found at the common west corner of Lot 29 and Lot 119, both of
LAKEWOOD ESTATES, a subdivision as recorded in Volume 4, Page 347 of
the Plat Records of Travis County, Texas, for an angle point of the
herein described tract;
THENCE, continuing with the westerly line of said LAKEWOOD
ESTATES, S 28°41'52" W a distance of 357.26 feet to a 1/2-inch iron
rod found at the common west corner of Lot 120 and Lot 121, both of
said LAKEWOOD ESTATES, for an angle point of the herein described
tract;
THENCE, continuing with the westerly line of said LAKEWOOD
ESTATES, S 27°56'46" W a distance of 139.27 feet to a 1/2-inch iron
rod found at the southwest corner of said Lot 121, and the northwest
corner of a called 55.355 acre tract as conveyed to David N. Leonard
and Beverly K. Leonard by deed recorded in Document Number
1999032790 of the Official Public Records of Travis County, Texas,
for an angle point of the herein described tract;
THENCE, with the westerly line of said 55.355 acre tract, S
28°46'18" W a distance of 2,694.96 feet to a 1/2-inch iron rod with
cap stamped "BGE INC" set on the northwesterly right-of-way line of
Thurman Bend Drive (variable width R.O.W.) at the most southerly
corner of said 55.355 acre tract, also being the most northerly
corner of a called 17.19 acre tract (Tract 4) as conveyed to Duke
Covert, Rox Covert and Danay Covert by deed recorded in Document
Number 2009148814 of the Official Public Records of Travis County,
Texas, for an angle point of the herein described tract;
THENCE, with the westerly line of said Covert 17.19-acre
tract, generally along the westerly right-of-way line of said
Thurman Bend Road, the following seven (7) courses:
1) S 53°39'33" W a distance of 313.72 feet to a 1/2-inch iron
rod with cap stamped "MCANGUS" found for an angle point;
2) S 31°56'29" W a distance of 289.95 feet to a 1/2-inch iron
rod with cap stamped "HOLLAND 5421" found for an angle point;
3) S 58°00'48" W a distance of 685.63 feet to a 1/2-inch iron
rod found for an angle point;
4) S 24°05'16" W a distance of 339.48 feet to a 1/2-inch iron
rod with an unreadable cap found for an angle point;
5) S 38°14'34" W a distance of 152.19 feet to a 1/2-inch iron
rod with cap stamped "MCANGUS" found for an angle point;
6) S 82°17'19" W a distance of 156.39 feet to a 1/2-inch iron
rod with cap stamped "MCANGUS" found for an angle point; and
7) S 50°52'31" W a distance of 353.81 feet to a 1/2-inch iron
rod found at the most westerly corner of said 17.19 acre tract, for
an angle point of the herein described tract;
THENCE N 61°39'04" W a distance of 10.45 feet to a 1/2-inch
iron rod with cap stamped "BGE INC" set on the fence line, for an
angle point of the herein described tract;
THENCE, with the westerly right-of-way line of Thurman Bend
Road, as fenced and occupied, the following sixty-three (63)
courses:
1) S 44°26'04" W a distance of 297.04 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
2) S 41°03'16" W a distance of 197.05 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
3) S 43°26'55" W a distance of 49.50 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
4) S 27°43'41" W a distance of 348.34 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
5) S 29°28'52" W a distance of 52.95 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
6) S 32°25'05" W a distance of 546.23 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
7) S 45°33'25" W a distance of 53.55 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
8) S 54°54'50" W a distance of 49.51 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
9) S 57°43'20" W a distance of 71.99 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
10) S 74°31'08" W a distance of 191.75 feet to a 1/2-inch
iron rod with cap stamped "BGE INC" set for an angle point of the
herein described tract;
11) S 55°46'59" W a distance of 87.20 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
12) S 45°24'20" W a distance of 49.76 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
13) S 36°36'48" W a distance of 50.34 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
14) S 29°25'07" W a distance of 50.74 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
15) S 24°01'39" W a distance of 49.68 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
16) S 18°19'15" W a distance of 49.57 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
17) S 14°56'24" W a distance of 50.41 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
18) S 12°21'27" W a distance of 74.30 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
19) S 8°52'15" W a distance of 76.67 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
20) S 7°05'12" W a distance of 99.04 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
21) S 22°39'51" W a distance of 61.00 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
22) S 22°17'41" W a distance of 49.73 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
23) S 28°52'50" W a distance of 49.96 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
24) S 39°15'52" W a distance of 49.76 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
25) S 42°17'55" W a distance of 49.40 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
26) S 44°31'52" W a distance of 98.69 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
27) S 45°24'48" W a distance of 202.31 feet to a 1/2-inch
iron rod with cap stamped "BGE INC" set for an angle point of the
herein described tract;
28) S 45°29'07" W a distance of 236.83 feet to a 1/2-inch
iron rod with cap stamped "BGE INC" set for an angle point of the
herein described tract;
29) S 43°53'51" W a distance of 58.87 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
30) S 42°54'12" W a distance of 63.79 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
31) S 39°30'06" W a distance of 88.70 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
32) S 37°08'19" W a distance of 99.24 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
33) S 39°41'30" W a distance of 49.74 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
34) S 44°14'46" W a distance of 38.35 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
35) S 47°53'06" W a distance of 61.83 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
36) S 62°41'19" W a distance of 49.57 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
37) S 66°55'46" W a distance of 59.95 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
38) S 77°22'59" W a distance of 84.72 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
39) N 86°39'49" W a distance of 67.13 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
40) N 84°34'57" W a distance of 99.57 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
41) S 88°01'41" W a distance of 49.63 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
42) S 83°21'35" W a distance of 50.04 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
43) S 72°32'24" W a distance of 51.43 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
44) S 66°26'49" W a distance of 98.42 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
45) S 61°44'38" W a distance of 99.95 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
46) S 58°54'33" W a distance of 50.04 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
47) S 55°52'21" W a distance of 73.36 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
48) S 48°41'46" W a distance of 64.07 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
49) S 44°53'32" W a distance of 75.46 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
50) S 46°48'00" W a distance of 69.88 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
51) S 52°38'00" W a distance of 34.76 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
52) S 66°50'28" W a distance of 212.58 feet to a 1/2-inch
iron rod with cap stamped "BGE INC" set for an angle point of the
herein described tract;
53) S 60°27'06" W a distance of 61.80 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
54) S 52°39'13" W a distance of 50.08 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
55) S 41°57'31" W a distance of 49.43 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
56) S 32°52'48" W a distance of 40.00 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
57) S 27°25'22" W a distance of 62.12 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
58) S 15°46'58" W a distance of 49.62 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
59) S 5°22'55" W a distance of 49.46 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
60) S 4°29'07" E a distance of 192.63 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
61) S 1°27'53" E a distance of 644.13 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract;
62) S 0°50'14" E a distance of 50.06 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set for an angle point of the herein
described tract; and
63) S 63°23'19" W a distance of 30.19 feet to a 1/2-inch iron
rod with cap stamped "BGE INC" set at the intersection with the
northerly right-of-way line of said Bee Creek Road, for the most
southerly southeast corner of the herein described tract;
THENCE, with the northerly right-of-way line of said Bee
Creek Road, as fenced, N 61°44'18" W a distance of 134.97 feet to a
1/2-inch iron rod with cap stamped "BGE INC" set at the southeast
corner of a called 1625 square foot tract of land as conveyed to
Travis County, Texas, for roadway purposes by instrument recorded
in Volume 11518, Page 294 of the Real Property Records of Travis
County, Texas, for an angle point of the herein described tract;
THENCE, with the northerly line of said 1625 square foot
right-of-way tract, N 47°39'36" W a distance of 161.00 feet to a
1/2-inch iron rod with cap stamped "BGE INC" set at the northwest
corner of said 1625 square foot tract, for an angle point of the
herein described tract;
THENCE, with the northerly right-of-way line of said Bee
Creek Road, generally as fenced, N 33°35'00" W a distance of 704.61
feet to the POINT OF BEGINNING and containing 479.689 acres of land,
more or less.
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, the
lieutenant governor, and the 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 are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7950A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7950A.0307 to read as
follows:
Sec. 7950A.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. 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.