87R21497 CXP-F
By: Eckhardt S.B. No. 2225
A BILL TO BE ENTITLED
AN ACT
relating to the Cottonwood Creek Development District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The district created by Travis County as the
Cottonwood Creek Water Control and Improvement District No. 3 is
renamed the Cottonwood Creek Development District.
SECTION 2. Subtitle X, Title 6, Special District Local Laws
Code, is amended by adding Chapter 11016 to read as follows:
CHAPTER 11016. COTTONWOOD CREEK DEVELOPMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 11016.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Cottonwood Creek Development
District created by Travis County as the Cottonwood Creek Water
Control and Improvement District No. 3.
(4) "District system" means a water, sewer, drainage,
waste disposal, or other utility system, an improvement project, a
road project, or any other project authorized by the district under
this chapter.
Sec. 11016.0102. NATURE OF DISTRICT. The district is a
special district created under Section 59, Article XVI, Texas
Constitution.
Sec. 11016.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) 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 48-e, 52, and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(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;
(3) developing or expanding transportation and
commerce;
(4) promoting, developing, and encouraging
recreation; and
(5) promoting and maintaining safety and the public
welfare.
(d) This chapter is enabling legislation enacted to further
the public purposes under Section 52-a, Article III, Texas
Constitution. By authorizing the district to exercise the powers
conferred by this chapter and in authorizing other political
subdivisions to contract with the district, the legislature has
established a program to accomplish those public purposes.
Sec. 11016.0104. TERRITORY ADDED. (a) The district is
composed of the territory described by Section 3 of the Act creating
this chapter as of the effective date of that Act.
(b) The boundaries and field notes contained in Section 3 of
the Act creating 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.
(c) The territory described in Section 3 of the Act creating
this chapter is excluded from the extraterritorial jurisdiction of
any municipality if the territory is located more than five miles
beyond the corporate limits of the municipality as of the effective
date of the Act creating this chapter.
Sec. 11016.0105. ELIGIBILITY FOR INCLUSION IN SPECIAL
ZONES. (a) 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;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code; or
(3) an enterprise zone created under Chapter 2303,
Government Code.
(b) If any portion of the district is included in a tax
increment reinvestment zone described by Subsection (a), the board
of directors of the zone, by contract with the district, may grant
money to the district to be used for a permissible purpose of a
corporation under Section 380.002(b), Local Government Code,
including the right to pledge the money as security for a bond,
note, or other obligation of the district.
Sec. 11016.0106. CONFLICT OF LAWS. To the extent of any
conflict or inconsistency between this chapter and any other law,
this chapter controls.
Sec. 11016.0107. SUFFICIENT AUTHORITY FOR ACTIONS. This
chapter is wholly sufficient authority for powers authorized by
this chapter, including powers for the issuance of bonds, the
pledge of revenue, taxes, or any combination of revenue and taxes,
and the performance of any other act or procedure authorized by this
chapter, without reference to any other law or any restriction or
limitation contained in another law.
Sec. 11016.0108. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 11016.0201. GENERAL WATER DISTRICT POWERS AND DUTIES.
The district has the duties imposed by this chapter and the powers
provided by the general laws relating to conservation and
reclamation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49, 51, and 54, Water Code.
Sec. 11016.0202. GENERAL ROAD DISTRICT POWERS. The
district has the duties imposed by this chapter and the powers
provided by the general laws relating to road districts and road
utility districts created under Section 52, Article III, Texas
Constitution, including Chapter 441, Transportation Code.
Sec. 11016.0203. ADDITIONAL SPECIFIC AUTHORITY FOR ROAD
PROJECTS. Under Section 52, Article III, Texas Constitution, the
district may acquire, construct, operate, and maintain
macadamized, graveled, or paved roads and turnpikes, including
programs and facilities in aid of those roads.
Sec. 11016.0204. GENERAL MUNICIPAL AND COUNTY POWERS
RELATED TO PUBLIC IMPROVEMENT DISTRICTS. The district has the
duties provided by this chapter and the powers provided to a
municipality or county under Subchapter A, Chapter 372, Local
Government Code.
Sec. 11016.0205. GENERAL DEVELOPMENT CORPORATION POWERS.
The district has the duties provided by this chapter and the powers
provided to a corporation under Subtitle C1, Title 12, Local
Government Code.
Sec. 11016.0206. GENERAL COUNTY DEVELOPMENT DISTRICT
POWERS. The district has the duties provided by this chapter and
the powers provided to a county under Chapter 383, Local Government
Code.
Sec. 11016.0207. GENERAL MUNICIPAL AND COUNTY AIRPORT
POWERS. The district has the duties provided by this chapter and
the powers provided to a municipality or a county under Chapter 22,
Transportation Code.
Sec. 11016.0208. ADDITIONAL MUNICIPAL AND COUNTY AIRPORT
ZONING POWERS. The district has the duties provided by this chapter
and the powers provided to a municipality or a county under Chapter
241, Local Government Code.
Sec. 11016.0209. FIRE PROTECTION AND EMERGENCY MANAGEMENT
SERVICES. The district may provide, operate, or regulate fire
protection and emergency management services for improvements in
the district.
Sec. 11016.0210. IMPROVEMENT PROJECTS AND SERVICES. (a)
The district may provide, construct, acquire, improve, operate, or
maintain an improvement project or contract with a governmental or
private entity to provide an improvement project described by
Subsection (b).
(b) An improvement project means:
(1) a project described by Subchapter C, Chapter 501,
Local Government Code; and
(2) an airport or air navigation facility, as defined
by Section 22.001, Transportation Code.
(c) The district may accept federal or state money for an
improvement project.
(d) The district may exercise the powers related to
improvement projects outside the district to connect an improvement
project to a larger system, including water and sewer lines, and
roads.
Sec. 11016.0211. GENERAL POWERS REGARDING CONTRACTS. (a)
The district may:
(1) contract with any person to accomplish any
district purpose, including a contract for:
(A) the payment, repayment, or reimbursement of
costs incurred by that person on behalf of the district, including
all or part of the costs of a district system; or
(B) the use, occupancy, lease, rental,
operation, maintenance, or management of all or part of a district
system; and
(2) apply for and contract with any person to receive,
administer, and perform a district duty under a federal, state,
local, or private gift, grant, loan, conveyance, transfer, bequest,
or other financial assistance arrangement relating to the
investigation, planning, analysis, study, design, acquisition,
construction, improvement, completion, implementation, or
operation by the district or others of a district system.
(b) A contract the district enters into to carry out a
purpose of this chapter may be on any terms and for any period the
board determines.
(c) Any person may contract with the district to carry out
the purposes of this chapter without further statutory or other
authorization.
Sec. 11016.0212. RULES; ENFORCEMENT. (a) The district may
adopt rules:
(1) to administer or operate the district;
(2) for the use, enjoyment, availability, protection,
security, and maintenance of the district's facilities and other
property; or
(3) to provide for public safety and security in the
district.
(b) The district may enforce its rules by injunctive relief.
(c) The district may not adopt a rule that applies outside
the district or enforce a rule outside the district.
Sec. 11016.0213. NAME CHANGE. The board by resolution may
change the district's name.
Sec. 11016.0214. USE OF ROADWAY, PARK, OR OTHER PUBLIC AREA
OF DISTRICT. (a) The board by rule may regulate the private use of
a public roadway, open space, park, sidewalk, or similar public
area in the district. To the extent the district rules conflict
with a rule, order, ordinance, or regulation of a municipality, the
rule, order, ordinance, or regulation of the municipality controls.
A rule may provide for the safe and orderly use of public roadways,
open spaces, parks, sidewalks, and similar public areas or
facilities.
(b) The board may require a permit for a parade,
demonstration, celebration, entertainment event, or similar
nongovernmental activity in or on a public roadway, open space,
park, sidewalk, or similar public area or facility owned by the
district. The board may charge a fee for the permit application or
for public safety or security services in an amount the board
considers necessary.
(c) The board may require a permit or franchise agreement
with a vendor, concessionaire, exhibitor, or similar private or
commercial person or organization for the limited use of the area or
facility owned by the district on terms and on payment of a permit
or franchise fee the board may impose.
Sec. 11016.0215. ADDING OR REMOVING TERRITORY. As provided
by Subchapter J, Chapter 49, Water Code, the board may add territory
to the district, subject to Section 54.016, Water Code, or remove
territory from the district, except that:
(1) the addition or removal of the territory must be
approved by the owners of the territory being added or removed;
(2) a reference to a tax in Subchapter J, Chapter 49,
or Section 54.016, Water Code, means a property tax; and
(3) territory may not be removed from the district if
bonds or other obligations of the district payable wholly or partly
from property taxes or assessments levied or assessed on the
territory are outstanding.
Sec. 11016.0216. ECONOMIC DEVELOPMENT. (a) The district may
engage in activities that accomplish the economic development
purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to develop and diversify the
state economy, eliminate unemployment or underemployment in the
state, and develop and expand transportation or commerce in the
state, including programs to:
(1) make loans and grants of public money, including
money from bond proceeds or other borrowed sources;
(2) reimburse costs of any district system; and
(3) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers that:
(1) Chapter 1503, Government Code, provides to a
municipality;
(2) Subchapter A, Chapter 1509, Government Code,
provides to a municipality;
(3) Chapter 380, Local Government Code, provides to a
municipality with a population of more than 100,000; and
(4) Chapter 501, Local Government Code, provides to a
unit.
Sec. 11016.0217. DEVELOPMENT AGREEMENT. (a) The district
may enter into a development agreement for a term not to exceed 50
years with any combination of the following persons:
(1) a developer of property in the district;
(2) a municipality;
(3) a county; or
(4) any other political subdivision.
(b) The parties to the agreement may amend the agreement.
(c) The agreement may provide that all or part of the money
available to a political subdivision to be used for an authorized
purpose of that subdivision be paid to the district to accomplish
that purpose.
(d) If the agreement is with a municipality, the agreement
may provide that land in the district will not be annexed by that
municipality before the 50th anniversary of the date of the
agreement.
Sec. 11016.0218. ELECTIONS. (a) An election held under
this chapter must comply, to the extent appropriate, with
Subchapter D, Chapter 49, Water Code.
(b) The board may call an election to vote on any measure.
(c) A bond or property tax election under Section
11016.0307, a contract election under Section 11016.0503, or any
other election held in the district may be held at the same time and
in conjunction with any other election.
(d) If the constitution of this state requires an election
to permit any action authorized by this chapter, including bond
issuance or the execution of an agreement, the district shall order
an election to authorize the action.
Sec. 11016.0219. APPLICABILITY OF LOCAL STATE OF DISASTER
LAW. For purposes of Section 418.108, Government Code, the
district is a political subdivision.
Sec. 11016.0220. INAPPLICABILITY OF CERTAIN WATER DISTRICT
LAW TO IMPROVEMENT PROJECTS AND ROAD PROJECTS. Section 49.182,
Water Code, does not apply to a district improvement project or a
road project.
Sec. 11016.0221. LIMIT ON POWERS OUTSIDE THE DISTRICT.
Except as provided by Section 11016.0210(d), the district may not
exercise any power outside the district, including the power of
eminent domain.
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
Sec. 11016.0301. BORROWING MONEY. The district may borrow
money for a district purpose by issuing or executing bonds, notes,
credit agreements, or other obligations of any kind found by the
board to be necessary or appropriate for a district purpose. The
bond, note, credit agreement, or other obligation must be secured
by and payable from any combination of property taxes, assessments,
or other district revenue.
Sec. 11016.0302. PAYMENT OF COSTS. The district may
provide or secure the payment of any cost related to the
establishment, administration, and operation of the district and
the district's costs or share of the costs or revenue of a district
system or district contractual obligation or debt, including bonds,
notes, or other obligations, through:
(1) the imposition of a property or sales tax or an
assessment, user fee, concession fee, or rental charge;
(2) a lease installment purchase contract or other
agreement with any person, including any governmental entity; or
(3) any other revenue or resources of the district, or
other revenue.
Sec. 11016.0303. ASSESSMENTS. (a) The district may impose
an assessment on property in the district to pay the cost or the
cost of maintenance of any authorized district system in the manner
provided for:
(1) a district under Subchapters A, E, and F, Chapter
375, Local Government Code; or
(2) a municipality or county under Subchapter A,
Chapter 372, Local Government Code.
(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; and
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal property
taxes.
Sec. 11016.0304. IMPACT FEES. The district may impose an
impact fee on property in the district, including an impact fee on
residential or commercial property, only in the manner provided by
Subchapter A, Chapter 372, or Subchapter F, Chapter 375, Local
Government Code, for a municipality or county.
Sec. 11016.0305. USER CHARGES. The district may establish
user charges related to the operation of a district facility,
including a district system.
Sec. 11016.0306. COSTS OF JOINT DISTRICT SYSTEMS. The
district may undertake jointly with other persons, including any
governmental entity, all or part of the cost of a district system,
including a district system:
(1) intended for improving, enhancing, and supporting
public safety and security, fire protection and emergency medical
services, and law enforcement in and adjacent to the district; and
(2) that confers a general benefit on the entire
district or a special benefit on a definable part of the district.
Sec. 11016.0307. ELECTIONS REGARDING TAXES OR BONDS; ROAD
PROJECTS. (a) The district may issue, without an election, bonds
and other obligations secured by revenue other than property taxes.
(b) The district must hold an election to obtain voter
approval before the district may impose a property tax or issue
bonds payable from property taxes.
(c) The district may not issue bonds payable from property
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. 11016.0308. UTILITY PROPERTY EXEMPT FROM IMPACT FEES
AND ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment, and facilities
of a public utility provider.
SUBCHAPTER D. BONDS
Sec. 11016.0401. GENERAL AUTHORITY TO ISSUE BONDS;
APPLICABILITY OF OTHER BOND LAW. (a) The district may issue bonds,
notes, or other obligations as provided by Chapters 49 and 51, Water
Code, the general laws of this state, or this subchapter.
(b) The district may exercise any power of an issuer under
Chapter 1371, Government Code.
Sec. 11016.0402. BONDS AND OTHER OBLIGATIONS. (a) In
exercising the district's borrowing power, the district may issue a
bond or other obligation in the form of a bond, note, certificate of
participation, bond enhancement agreement, credit agreement or
loan agreement, or other instrument evidencing a proportionate
interest in payments to be made by the district, or other type of
obligation. The bonds may be issued by competitive bid or
negotiated sale bonds, notes, or other obligations payable wholly
or partly from any combination of taxes, sales taxes, or
assessments.
(b) In addition to assessments in the manner described by
Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
Government Code, district bonds may be secured and made payable,
wholly or partly, by a pledge of any part of the net proceeds the
district receives from any other district revenue.
Sec. 11016.0403. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
the time bonds or other obligations payable wholly or partly from
property taxes are issued:
(1) the board shall impose a continuing direct annual
property tax for each year that all or part of the bonds are
outstanding; and
(2) the district annually shall impose a property tax
on all taxable property in the district in an amount sufficient to:
(A) pay the interest on the bonds or other
obligations as the interest becomes due;
(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date;
(C) pay the expenses of imposing the taxes; and
(D) pay any other cost associated with the bonds
or other obligations.
Sec. 11016.0404. BOND MATURITY. Bonds may mature not more
than 40 years from their date of issue.
Sec. 11016.0405. BONDS FOR ROAD PROJECTS; LIMIT. (a) At
the time of issuance, the total principal amount of bonds or other
obligations issued or incurred to finance road projects and payable
from property taxes may not exceed one-fourth of the assessed value
of the real property in the district.
(b) The limitation described by Section 49.4645, Water
Code, does not apply to the outstanding principal amount for bonds
or other obligations issued to finance parks and recreational
facilities, including any improvement projects for that purpose.
Sec. 11016.0406. MORTGAGE OF DISTRICT SYSTEM FOR BONDS.
The district may grant a lien on any part of the physical property
of a district system to secure the repayment of bonds or other
obligations, subject to a previous pledge under this chapter.
Sec. 11016.0407. INAPPLICABILITY OF CERTAIN WATER DISTRICT
LAWS TO BONDS. Sections 49.181, 49.183, and 50.107, Water Code, do
not apply to district bonds.
SUBCHAPTER E. TAXES
Sec. 11016.0501. PROPERTY TAX AUTHORIZED. The district may
impose a property tax on all taxable property in the district to pay
for any cost of a district system, including debt service or any
cost associated with financing a district system.
Sec. 11016.0502. MAINTENANCE AND OPERATION TAX. The
district may impose a property tax for maintenance and operation
purposes, including for:
(1) planning, constructing, acquiring, maintaining,
repairing, and operating all district systems, including land,
plants, works, facilities, improvements, appliances, and equipment
of the district; and
(2) paying costs of services, engineering and legal
fees, and organization and administrative expenses.
Sec. 11016.0503. CONTRACT TAXES; ELECTION. (a) In
accordance with Section 49.108, Water Code, the district may make
payments under a contract from taxes other than operation and
maintenance taxes 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.
Sec. 11016.0504. TAX ABATEMENT. The district may enter
into a tax abatement agreement in accordance with the general laws
of this state authorizing and applicable to a tax abatement
agreement by a municipality.
Sec. 11016.0505. USE OF SURPLUS MAINTENANCE AND OPERATION
TAX MONEY. If the district has surplus maintenance and operation
tax money that is not needed for the purposes for which it was
collected, the money may be used for any authorized purpose.
SUBCHAPTER F. NONPROFIT CORPORATION
Sec. 11016.0601. CREATION OF NONPROFIT CORPORATION. The
board by resolution may create one or more nonprofit corporations
to act for the district.
Sec. 11016.0602. APPLICABILITY OF NONPROFIT AND
DEVELOPMENT CORPORATION LAW. (a) The Texas Nonprofit Corporation
Law, as described by Section 1.008, Business Organizations Code,
applies to a corporation created under this subchapter.
(b) Except as provided by Subsection (c), the corporation
may exercise any power of a corporation under Subtitle C1, Title 12,
Local Government Code.
(c) Only the following provisions of Chapter 501, Local
Government Code, apply to the corporation:
(1) Section 501.002(17);
(2) Section 501.052;
(3) Section 501.053;
(4) Section 501.056;
(5) Sections 501.057(b) and (c);
(6) Section 501.058;
(7) Section 501.062;
(8) Section 501.063;
(9) Section 501.064, except as that section relates to
amending the corporation's bylaws;
(10) Section 501.065;
(11) Section 501.066;
(12) Section 501.068;
(13) Section 501.069;
(14) Section 501.070;
(15) Section 501.071;
(16) Section 501.072;
(17) Subchapters G and H; and
(18) Subchapter I, except Section 501.407.
Sec. 11016.0603. BOND POWERS. (a) A corporation created
under this subchapter has the same powers as the district to issue
bonds and other obligations payable by revenue.
(b) As security for the payment of any bonds or other
obligations issued by a corporation, the corporation may:
(1) mortgage a corporation project, or revenue from a
project, including:
(A) a refinanced project;
(B) a project that has been enlarged; and
(C) a project owned before or acquired after the
time of the mortgage;
(2) assign a mortgage or security conveyed to the
corporation to secure a loan made by the corporation; and
(3) pledge the revenue and receipts from the assigned
mortgage or security.
(c) For a bond, note, or other obligation, the board of
directors of the nonprofit corporation may exercise the powers
granted to the governing body of an issuer under Chapter 1371,
Government Code.
Sec. 11016.0604. RECIPROCAL ARRANGEMENTS. The district and
a corporation created under this subchapter may:
(1) share officers, directors, employees, equipment,
and facilities; and
(2) provide goods or services to each other at cost
without the requirement of competitive bidding.
Sec. 11016.0605. BOARD OF DIRECTORS. (a) The district
shall appoint the directors of a corporation created under this
subchapter.
(b) A member of the district board may serve as a member of
the board of the corporation.
Sec. 11016.0606. OVERSIGHT. (a) The district must approve
the budget of a corporation created under this subchapter.
(b) The district board shall review and supervise the
corporation's activities.
(c) The district board must approve a bond or other
obligation issued by the corporation.
Sec. 11016.0607. GUARANTEE AND OTHER CREDIT SUPPORT
RELATING TO PUBLIC SECURITIES AND OTHER OBLIGATIONS. (a) In this
section, "public security" has the meaning assigned by Section
1202.001, Government Code.
(b) Under Section 52-a, Article III, Texas Constitution,
the district may guarantee or otherwise provide credit support for
any public security or other obligation or contract of a
corporation created under this subchapter, if the district board
determines that the guarantee or other credit agreement:
(1) is beneficial to a public purpose of the district;
and
(2) is for the public purpose of:
(A) the development and diversification of the
economy of the state;
(B) the elimination of unemployment or
underemployment in the state; or
(C) the development or expansion of commerce in
the state.
(c) A determination by the district board under Subsection
(b) is conclusive.
(d) A guarantee or other credit agreement authorized by
Subsection (b) may provide for the guarantee of or other credit
support for public securities or other obligations or contracts of
the corporation, all or a portion of which may be authorized,
executed, and delivered in the future.
(e) Chapter 1202, Government Code, applies to a guarantee or
other credit agreement under this section as if the guarantee or
other credit agreement were a public security.
SUBCHAPTER G. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 11016.0701. DIVISION OF DISTRICT; REQUIREMENTS. (a)
At any time before the district issues debt secured by property
taxes, the district may be divided into two or more new districts.
(b) A new district created by division of the district must
be at least 100 acres.
(c) The board may consider a proposal to divide the district
on:
(1) a petition of a landowner in the district; or
(2) a motion by the board.
(d) If the board decides to divide the district, the board
shall:
(1) set the terms of the division, including names for
the new districts and a plan for the payment or performance of any
outstanding district obligations; and
(2) prepare a metes and bounds description for each
proposed district.
Sec. 11016.0702. ELECTION FOR DIVISION OF DISTRICT. (a)
After the board has complied with Section 11016.0701, the board
shall hold an election in the district to determine whether the
district should be divided as proposed.
(b) The board shall give notice of the election not later
than the 35th day before the date of the election. The notice must
state:
(1) the date and location of the election; and
(2) the proposition to be voted on.
(c) If a majority of the votes cast are in favor of the
division:
(1) the district is divided; and
(2) not later than the 30th day after the date of the
election, the district shall provide written notice of the division
to the Texas Commission on Environmental Quality.
(d) If a majority of the votes cast are not in favor of the
division, the district is not divided.
Sec. 11016.0703. ELECTION OF DIRECTORS OF NEW DISTRICTS.
(a) Not later than the 90th day after the date of an election in
favor of the division of the district, the board shall:
(1) appoint itself as the board of one of the new
districts; and
(2) appoint five directors for each of the other new
districts.
(b) Directors appointed under Subsection (a)(1) serve the
staggered terms to which they were elected in the original
district. Directors appointed under Subsection (a)(2) serve until
the election for directors under Subsection (c).
(c) On the uniform election date in May of the first
even-numbered year after the year in which the directors are
appointed, the appointed board shall hold an election to elect five
directors in each district for which directors were appointed under
Subsection (a)(2). The directors shall draw lots to determine
which two shall serve until the next regularly scheduled election
of directors and which three shall serve until the second regularly
scheduled election of directors.
Sec. 11016.0704. CONTINUING POWERS AND OBLIGATIONS OF NEW
DISTRICTS. (a) Each new district may incur and pay debts and has
all powers of the original district created by this chapter.
(b) If the district is divided as provided by this
subchapter, the current obligations and any bond authorizations of
the district are not impaired. Debts shall be paid by revenue or by
taxes or assessments imposed on real property in the district as if
the district had not been divided or by contributions from each new
district as stated in the terms set by the board under Section
11016.0701(d).
(c) Any other district obligation is divided pro rata among
the new districts on an acreage basis or on other terms that are
satisfactory to the new districts.
Sec. 11016.0705. CONTRACT AUTHORITY OF NEW DISTRICTS. The
new districts may contract with each other for any matter the boards
of the new districts consider appropriate.
SECTION 3. The Cottonwood Creek Development District
includes all the territory contained in the former Cottonwood Creek
Water Control and Improvement District No. 3 and the territory
contained in the following area:
LEGAL DESCRIPTION OF TRACT 1: BEING A 333.016 ACRE TRACT OF LAND
LYING IN AND BEING SITUATED OUT OF THE JOHN B. WALTERS 1/2 LEAGUE,
ABSTRACT 67, ALL IN BASTROP COUNTY, TEXAS AND ALL OF THAT CERTAIN
332.16 ACRE TRACT OF LAND CONVEYED TO DAVID C. McFARLAND AND WIFE,
ANN L. McFARLAND AND TO JOHN B. McFARLAND AND WIFE, JILL S.
McFARLAND BY DEED RECORDED IN VOLUME 1591, PAGE 792, OF THE DEED
RECORDS OF BASTROP COUNTY, TEXAS; SAID 333.016 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at an 1/2" iron rod set in the southwesterly right-of-way
(80') line of F.M. Highway 969 for the east corner hereof and said
332.16 acre tract and the north corner of that certain 120.411 acre
tract of land conveyed to Gladys Ott Smith by will recorded in
Volume 1167, Page 332 of said deed records;
THENCE S 29°36'25" W, passing an iron rod set for reference at a
distance of 1892.00 feet, passing an iron rod set for reference at a
distance of 2339.00 feet, passing an iron rod set for reference at a
distance of 7995.00 feet and continuing for a total distance of
8338.55 feet to a calculated point at the bank of the Colorado River
for the southerly corner hereof:
THENCE upstream with the bank of the Colorado River the following
ten (10) calls:
1. S. 68°05'46" W a distance of 15.71 feet;
2. S 70°41'19" W a distance of 210.13 feet;
3. S 72°18'11" W a distance of 319.41 feet;
4. S 76°33'49"
5. S 75°1 902"
6. S 72°1 5'30"
7. S 76°40'54"
8. S 74°29'04"
9. N 89°26'l 6"
10. N 77°18'06" W a distance of 234.11 feet to the westerly corner
of said 332.19 acre tract and the southerly corner of that certain
730.604 acre tract of land conveyed to David McFarland and Ann L.
McFarland by deed recorded in Volume 802, Page 648 of said deed
records;
THENCE with the common line of said tracts the following eleven (11)
calls;
1. N 22°14'26" E a distance of 150.57 feet to an angle point;
2. N 30°58'19" E a distance of 512.26 feet to an angle point;
3. N 28°40'38" E a distance of 661.87 feet to an angle point;
4. N 31°34'34" E a distance of 356.38 feet to an angle point;
5. N 30°15'17" E a distance of 1609.17 feet to an angle point;
6. N 30°08'09" E a distance of 956.68 feet to an angle point;
7. N 30°19'48" E a distance of 1602.84 feet to an angle point;
8. N 30°37'25" E a distance of 1614.59 feet to an angle point;
9. N 30°44'51" E a distance of 1726.19 feet to an angle point;
10. N 30°02'04" E a distance of 412.63 feet to an angle point;
11. N 31°06'04" E a distance of 764.32 feet to a point on the
curving southwesterly right-of-way (80') line of F.M. Highway 969
for the northerly corner hereof and easterly corner of said 730.604
acre tract;
THENCE along said right-of-way line the following three (3) calls:
1. a length of 302.29 feet along the arc of said curving line to
the left having a radius of 2905.07 feet and a chord bearing S
35°40'17" E a distance of 302.16 feet to an iron rod set for
endpoint;
2. S 38°27'50" E a distance of 670.86 feet to a concrete
right-of-way monument found (broken) for angle point;
3. S 38°24'38" E a distance of 609.51 feet to the POINT OF BEGINNING
for TRACT 1, containing 333.016 acres of land, more or less.
LEGAL DESCRIPTION OF TRACT 2: BEING A 712.931 ACRE TRACT OF LAND
LYING IN AND BEING SITUATED OUT OF THE MARTIN WELLS LEAGUE, ABSTRACT
68 AND THE JOHN B. WALTERS 1/2 LEAGUE, ABSTRACT 67, ALL IN BASTROP
COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 730.604 ACRE TRACT
OF LAND CONVEYED TO DAVID McFARLAND AND ANN L. McFARLAND BY DEED
RECORDED IN VOLUME 802, PAGE 648 OF THE DEED RECORDS OF BASTROP
COUNTY, TEXAS; SAID 712.931 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING at an iron rod set on the southwesterly right-of-way
(100') line of F.M. Highway 969 for the northerly corner hereof and
said 730.604 acre tract and the easterly corner of that portion of
that certain 568.24 acre tract of land, lying southwesterly of F.M.
Highway 969, conveyed to James Robert Glass by deed recorded in
Volume 815, Page 212 of said deed records;
THENCE along said right-of-way line the following three (3) calls:
1. S 42°03'46" E a distance of 604.42 feet to a concrete
right-of-way monument found for point of curvature of a curve to the
right;
2. a length of 1150.28 feet along the arc of said curve having a
radius of 2242.02 feet and a chord bearing S 27°19' 52" E a distance
of 1137.70 feet to a concrete right-of-way monument found for
endpoint;
3. S 12°40'40" E a distance of 434.98 feet to an iron rod set for
corner;
THENCE S 65°24'48" W a distance of 1035.58 feet to an iron rod set
for angle point;
THENCE S 06°51 '23" W a distance of 137.70 feet to an iron rod set for
angle point;
THENCE S 40°04'29" E a distance of 848.49 feet to an iron rod set for
corner;
THENCE N 58°13'34" E a distance of 718.24 feet to an iron rod set for
corner on the curving southwesterly right-of-way (80') line of F.M.
Highway 969;
THENCE an arc length of 973.80 feet along said curving line to the
left having a radius of 2905.07 feet and a chord bearing S 23°05'15"
E, a distance of 969.24 feet a point for the easterly corner hereof
and said 730.604 acre tract and the northerly corner of that certain
332.16 acre tract of land conveyed to David McFarland and Ann L.
McFarland by deed recorded in Volume 1591, Page 792 of said deed
records;
THENCE with the southeasterly line of said 730.604-acre tract and
the northwesterly line of said 332.16-acre tract the following
eleven (11) calls;
1. S 31°06'04" E a distance of 764.32 feet to an angle point;
2. S 30°02'04" W a distance of 412.63 feet to an angle point;
3. S 30°44'51" W a distance of 1726.19 feet to an angle point;
4. S 30°37'25" W a distance of 1614.59 feet to an angle point;
5. S 30°19'48" W a distance of 1602.84 feet to an angle point;
6. S 30°08'09" W a distance of 956.68 feet to an angle point;
7. S 30°15'17" W a distance of 1609.17 feet to an angle point;
8. S 31°34'34" W a distance of 356.38 feet to an angle point;
9. S 28°40'38" W a distance of 661.87 feet to an angle point;
10. S 30°58'19" W a distance of 512.26 feet to an angle point;
11. S 22°14'26" W a distance of 150.57 feet to a calculated point on
the bank of the Colorado River for the southerly corner of said
730.604 acre tract and westerly corner of said 332.16 acre tract;
THENCE upstream with the bank of the Colorado River the following
six (6) calls:
1. N 24°20'08" W a distance of 106.90 feet;
2. N 32°30'02" W a distance of 142.41 feet;
3. N 42°12'30" W a distance of 150.29 feet;
4. N 43°37'12" W a distance of 118.46 feet;
5. N 51°30'51" W a distance of 307.97 feet;
6. N 60°48'22" W a distance of 134.11 feet;
THENCE along an oxbow of said river and a common line with that
certain 568.24-acre tract of land conveyed to James Robert Glass by
deed recorded in Volume 815, Page 212 of said deed records the
following eighteen (18) calls:
1. N 11°25'33" E a distance of 167.37 feet to a 1/2" iron rod found
for angle point;
2. N 10°14'33" E a distance of 144.86 feet to a 1/2" iron rod found
for angle point;
3. N 18°36'33" E a distance of 141.53 feet to an iron rod set for
angle point;
4. N 20°25'26" E a distance of 46.08 feet to a 1/2" iron rod found
for angle point;
5. N 26°58'14" E a distance of 221.23 feet to a 1/2" iron rod found
for angle point;
6. N 23°58'15" E a distance of 41.71 feet to a 1/2" iron rod found
for angle point;
7. N 22°13'48" E a distance of 139.29 feet to an iron rod set for
angle point;
8. N 13°07'49" E a distance of 258.86 feet to an iron rod set for
angle point;
9. N 39°28'49" E a distance of 177.48 feet to a 1/2" iron rod found
for angle point;
10. N 23°04'49" E a distance of 204.45 feet to a 1/2" iron rod found
for angle point;
11. N 19°53'17" E a distance of 319.35 feet to a 1/2" iron rod found
for angle point;
12. N 01°14'18" W a distance of 341.43 feet to a 1/2" iron rod found
for angle point;
13. N 16°16'05" W a distance of 725.25 feet to a 1/2" iron rod found
for angle point;
14. N 26°04'05" W a distance of 363.54 feet to an iron rod set for
angle point;
15. N 31°08'03" W a distance of 99.92 feet to a 1/2" iron rod found
for angle point;
16. N 50°26'16" W a distance of 406.32 feet to a 1/2" iron rod found
for angle point;
17. N 53°23'21" W a distance of 60.55 feet to a 1/2" iron rod found
for angle point;
18. N 15°56'53" W a distance of 50.48 feet to a 1/2" iron rod found
for a westerly corner hereof and said 730.604 acre tract;
THENCE with the northwest line hereof and said 730.604-acre tract,
common with said Glass tract the following eighteen (18) calls:
1. N 29°33'10" E a distance of 340.46 feet to a 1/2" iron rod found
for angle point;
2. N 29°53'53" E a distance of 1549.29 feet to an iron rod set for
angle point;
3. N 29°38'56" E a distance of 1707.39 feet to an iron rod set for
angle point;
4. N 29°27'56" E a distance of 1615.65 feet to an iron rod set for
angle point;
5. N 28°58'56" E a distance of 633.34 feet to a nail in 16" Elm tree
found for angle point;
6. N 29°21'56" E a distance of 493.44 feet to a 1/2" iron rod found
for angle point;
7. N 27°30'16" E a distance of 75.97 feet to an iron rod set for
angle point;
8. N 29°29'31" E a distance of 302.68 feet to a 1/2" iron rod found
for angle point;
9. N 29°55'31" E a distance of 204.28 feet to a 1/2" iron rod found
for angle point;
10. N 29°17'08" E a distance of 730.72 feet to a 1/2" iron rod found
for angle point;
11. N 29°37'10" E a distance of 606.68 feet to a 1/2" iron rod found
for angle point;
12. N 33°36'44" E a distance of 118.26 feet to a 1/2" iron rod found
for angle point;
13. N 28°49'08" E a distance of 135.05 feet to a 1/2" iron rod found
for angle point;
14. N 28°37'00" E a distance of 461.78 feet to a 1/2" iron rod found
for angle point;
15. N 26°13'03" E a distance of 92.86 feet to a 1/2" iron rod found
for angle point;
16. N 40°13'32" E a distance of 46.46 feet to a nail found in 4" Elm
tree for angle point;
17. N 62°33'46" E a distance of 73.21 feet to a nail found in 9" Elm
tree for angle point;
18. N 28°19'46" E a distance of 388.67 feet to the POINT OF
BEGINNING of TRACT 2, containing 712.931 acres of land, more or
less.
LEGAL DESCRIPTION OF TRACT 3: BEING AN 18.846 ACRE TRACT OF LAND
LYING IN AND BEING SITUATED OUT OF THE MARTIN WELLS LEAGUE, ABSTRACT
68 AND THE JOHN B. WALTERS 1/2 LEAGUE, ABSTRACT 67, ALL IN BASTROP
COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 730.604 ACRE TRACT
OF LAND CONVEYED TO DAVID C. McFARLAND AND ANN L. McFARLAND BY DEED
RECORDED IN VOLUME 802, PAGE 648 OF THE DEED RECORDS OF BASTROP
COUNTY, TEXAS; SAID 18.846 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING at an iron rod set on the southwesterly right-of-way
(100') line of F.M. Highway 969 for the northerly corner hereof and
said 730.604 acre tract and the easterly corner of that portion of
that certain 568.24 acre tract of land, lying southwesterly of F.M.
Highway 969, conveyed to James Robert Glass by deed recorded in
Volume 815, Page 212 of said deed records;
THENCE along said right-of-way line the following three (3) calls:
1. S 42°03'46" E a distance of 604.42 feet to a concrete
right-of-way monument found for point of curvature of a curve to the
right;
2. a length of 1150.28 feet along the arc of said curve having a
radius of 2242.02 feet and a chord bearing S 27°19'52" E a distance
of 1137.70 feet to a concrete right-of-way monument found for
endpoint;
3. S 12°40'40" E a distance of 434.98 feet to an iron rod set for
the POINT OF BEGINNING and northerly corner of the herein described
18.846 acre tract;
THENCE continuing with said right-of-way line the following four
(4) calls:
1. S 12°40'40" E a distance of 378.84 feet to a concrete monument
found for an ell corner;
2. N 79°35'25" E a distance of 9.76 feet to a concrete monument
found for an ell corner;
3. S 12°38'54" E a distance of 439.50 feet to a concrete
right-of-way monument found for the beginning of a curve to the
left;
4. an arc length of 43.09 feet along said curve to the left having
a radius of 2905.07 feet and a chord bearing S 13°03'34" E, a
distance of 43.09 feet to a 1/2" iron rod set for the easterly
corner hereof;
THENCE crossing said 730.604-acre tract the following four (4)
calls:
1. S 58°13'34" W a distance of 718.24 feet to a 1/2" iron rod set
for the southerly corner hereof;
2. N 40°04'29" W a distance of 848.49 feet to a 1/2" iron rod set
for angle point;
3. N 06°51'23" E a distance of 137.70 feet to a 1/2" iron rod set
for angle point;
4. N 65°24'48" E a distance of 1035.58 feet to the POINT OF
BEGINNING, containing 18.846 acres of land, more or less.
LEGAL DESCRIPTION OF TRACT 4: BEING A 412.010 ACRE TRACT OR PARCEL
OF LAND OUT OF AND BEING A PART OF THE JOHN JONES SURVEY, A-210, IN
BASTROP COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN TRACT SAID TO
CONTAIN 164 ACRES IN A DEED FROM MELBA L. SIMIELE TO BYRON H.
SIMIELE, DATED MAY 20, 2003, RECORDED IN VOLUME 1333, PAGE 739,
BASTROP COUNTY DEED RECORDS; BEING A PART OF THAT CERTAIN 49.496
ACRE TRACT DESCRIBED IN A DEED FORM BILLIE JEAN KRYNIK, ET AL, TO
MICKEY J. MALONE AND WIFE, VALERIE L. MALONE, RECORDED IN VOLUME
722, PAGE 560, BASTROP COUNTY DEED RECORDS AND BEING ALL THAT
CERTAIN 5.949 ACRE TRACT DESCRIBED IN A DEED FROM CHARLES BERT
CARLISLE, ET UX, TO MICKEY J. MALONE, ET UX, RECORDED IN VOLUME 775,
PAGE 611, BASTROP COUNTY DEED RECORDS AND BEING ALL OF THAT CERTAIN
185.027 ACRE TRACT DESCRIBED IN A DEED FROM CHARLES BERT CARLISLE
AND WILE, BENNIE R. CARLISLE, TO JOHN SABOL AND PRISCILLA BOHOT,
RECORDED IN VOLUME 1394, PAGE 695, BASTROP COUNTY DEED RECORDS.
SAID 164 ACRE TRACT UPON RE-SURVEY FOUND TO CONTAIN 177.476 ACRES
AND SAID MALONE 5.949 ACRE AND 49.496 ACRE RESIDUE TRACT UPON
RE-SURVEY FOUND TO CONTAIN 49.496 ACRES. SAID 185.027 ACRE TRACT
BEING A PART OF THAT CERTAIN 166.578 ACRE TRACT AND ALL OF THAT
CERTAIN 4.027 ACRE TRACT DESCRIBED IN A RECEIVERS DEED TO CHARLES
BERT CARLISLE, ET UX, RECORDED IN VOLUME 677, PAGE 553, BASTROP
COUNTY DEED RECORDS AND PART OF THAT CERTAIN 13.637 ACRE TRACT
DESCRIBED IN A DEED FROM BILLIE JEAN SMITH KRYNIK, ET AL, TO CHARLES
BERT CARLISLE, ET UX, RECORDED IN VOLUME 722, PAGE 571, BASTROP
COUNTY DEED RECORDS AND ALL THAT CERTAIN 5.949 ACRE TRACT DESCRIBED
IN A DEED FROM MICKEY J. MALONE, ET UX, TO CHARLES BERT CARLISLE, ET
UX, RECORDED IN VOLUME 775, PAGE 620, BASTROP COUNTY DEED RECORDS.
SAID SABOL 185.027 ACRE TRACT BEING RE-SURVEY BY THE UNDERSIGNED
INTO TWO TRACTS OF 181.041 ACRES AND 4.027 ACRES. HEREIN DESCRIBED
TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a 5/8 inch iron rod set on the low bank of the Colorado
River, the most westerly corner of that certain 18.59 acre tract
described In a deed from the Veteran's Land Board of Texas to
Kendall S. Thomas, et al, recorded In Volume 1224, Page 865, Bastrop
County Deed Records for the most northerly corner of this tract and
surveyed 177.476 acre tract.
THENCE with the southwest line of the Thomas 18.59 acre tract, S 42
deg. 32 min 19 sec. E, at 179.77 feet pass a 5/8 inch iron rod set
for reference at a fence post, in al1 1092.23 feet to a 60d nail set
In S fence corner post, an angle corner of the Thomas 18.59 acre
tract and north corner of that certain 16.55 acre tract described in
a deed from the Veteran's Land Board of Texas to Kendall S. Thomas,
et al, recorded in Volume 729, Page 359, Bastrop County Deed Records
For the east or southeast corner of this tract and surveyed 177.476
acre tract.
THENCE with the north or northwest line of the Thomas 16.55 acre
tract and south line of the: 177.476 acre tract, S 60 deg. 41 min. 53
sec. W, 828.24 feet to the west or northwest corner of same, an axle
found at a fence corner, the north or northeast corner of that
certain 39.981 acre tract described in a deed from Kimberly Waynell
Hock, et ux, to R.L. Wyatt, III, recorded in Volume 1147, Page 235,
Bastrop County Deed Records for an angle corner of this tract.
THENCE with the north line of the Wyatt 39.981 acre tract and south
line of the 177.476 acre tract, S 61 deg. 04 min. 05 sec. W, 1559.23
feet to the northwest corner of same, a 5/8 inch iron rod round at a
fence corner, the northeast corner of that certain 49.496 acre
tract described in a deed from Billie Jean Smith Krynik et aI, to
Mickey J. Malone, et ux, recorded In Volume 722, Page 560, Bastrop
County Deed Records for an interior corner of this tract.
THENCE with the southwest line of the Wyatt 39.981 acre tract and
northeast line of the 49.496 acre tract, S 41 deg. 47 min. 56 sec. E,
1318.00 feet to a 5/8 inch iron rod found at a fence corner in the
northwest line of Pope Bend Road, the east corner of the Malone
tract for an angle corner of this tract.
THENCE with the northwest line of Pope Bend Road and southeast line
of said 49.496 acre tract, S 48 deg. 15 mm. 21 sec. W, 1452.65 feet
to a 5/8 inch iron rod found near a fence corner, the east corner of
the before mentioned 5.949 acre tract described in a deed from
Mickey J. Malone, et ux, to Charles Bert Carlisle, the east corner
of the before mentioned 185.027 acre tract, the surveyed Malone
49.496 acre tract for an angle corner of this tract.
THENCE with the northwest line of Pope Bend Road and southeast line
of the Carlisle 5.949 acre and before mentioned 166.578 acre tract,
S 48 deg. 15 min. 21 sec. W, 379.14 feet to a 5/8 inch iron rod found
at the south corner of the 5.949 acre tract and east corner of the
166.578 acre tract, continuing S 47 deg. 04 min. 50 sec. W, 512.00
feet; S 48 deg. 31 mm. 24 sec. W, 1087.00 feet to a 5/8 inch iron rod
found at the east corner of that certain 125.364 acre tract
described In a deed from the Estate of James C. Walker to Robbie R.
Raemsch, et ux, recorded in Volume 677, Page 571, Bastrop County
Deed Records, the most easterly south corner of the 166.578 acre
tract and surveyed 181.041 acre tract for the most easterly south
corner of this tract.
THENCE with the northeast line of the Raemsch 125.364 acre tract and
lower southwest line of the 166.578 acre tract, N 42 deg. 15 min. 18
sec. W, 2131.96 feet to a leaf spring found at a fence corner, the
north corner of the Raemsch 125.369 acre tract, an interior corner
of the 166.578 acre tract and surveyed 181.041 acre tract for an
interior corner of this tract.
THENCE with the northwest line of the Raemsch 125.364 acre tract, an
upper southeast line of the 166.578 acre tract, S 47 deg. 40 min. 57
sec. W, 2457.09 feet to a 5/8 inch iron rod found where same
intersects the center of a Ravine, an angle corner of that certain
89.704 acre tract described in a deed form James Borglum to Julie
Salem, recorded in Volume 709, Page 378, Bastrop County Deed
Records, the most westerly south corner of the said 166.578 acre
tract and surveyed 181.041 acre tract, the most westerly south
corner of this tract from which a 5/8 inch iron rod found at the west
corner of the Raemsch tract bears S 47 deg. 40 min. 57 sec. W, 80.04
feet.
THENCE with the center of said ravine, the east line of the Salem
89.704 acre tract and west line of the 166.578 acre tract, N 12 deg.
00 mm. 12 sec. E, 165.53 feet to a 1/2 inch iron rod found; N 22 deg.
30 min. 40 sec. W, 43.05 feet to a 1/2 inch iron rod found; N 04 deg.
30 min. 46 sec. E, 30.91 feet to a 1/2 inch iron rod found; N 46 deg.
54 min. 46 sec. W, 78.48 feet to a 1/2 inch iron rod found; N 15 deg.
28 min. 03 sec. W, 59.77 feet to a 1/2 inch iron rod found; N 59 deg.
43 mm. 17 sec. W, 41.43 feet to a 1/2 inch iron rod found; N 08 deg.
08 min. 31 sec. W, 54.50 feet to a 1/2 inch iron rod found; N 75 deg.
55 mm. 10 sec. W, 74.92 feet to a 1/2 inch iron rod found; N 02 deg.
48 min. 33 sec. W, 45.72 feet to a 1/2 inch iron rod found; N 66 deg.
53 min. 01 sec. W, 37.12 feet to a 1/2 inch iron rod found; N 01 deg.
33 min. 05 sec. W, 69.78 feet to a 1/2 inch iron rod found; N 28 deg.
04 min. 35 sec. W, 80.75 feet to a 1/2 inch iron rod found; N 13 deg.
19 min. 12 sec. W, 148.84 feet to a 1/2 inch iron rod found; N 09
deg. 25 min. 37 sec. E, 89.94 feet to a 1/2 inch iron rod found; N 29
deg. 42 min. 15 sec. W, 49.86 feet to a 1/2 inch iron rod found; N 08
deg. 21 min. 56 sec. E, 53.01 feet to a 1/2 inch iron rod found; N 38
deg. 54 min. 37 sec. W, 69.96 feet to a 1/2 inch iron rod found; N 08
deg. 08 min. 10 sec. E, 95.86 feet to a 1/2 inch iron rod found; N 25
deg. 10 min. 40 sec. W, 110.34 feet to a 1/2 inch iron rod found; N
08 deg. 05 min. 00 sec. E, 134.44 feet to a 1/2 inch iron rod found;
N 19 deg. 35 min. 44 sec W, 91.54 feet to a 1/2 inch iron rod found; N
34 deg. 23 mm. 34 sec. E, 60.04 feet to a 1/2 inch iron rod found
where same intersects the center of another ravine, an interior
corner of the Salem 89.704 acre tract, an angle corner of the said
166.578 acre tract for an angle corner of this tract.
THENCE with the center of the last mentioned ravine, N 60 deg. 44
min. 09 sec. E, 97.04 feet to a point for an angle corner of this
tract.
THENCE leaving said ravine with the common line of the Salem 87.704
acre tract and said 166.578 acre tract, S 67 deg. 40 min. 43 sec. E,
203.24 feet to a 60d nail found in a fence corner post; S 68 deg. 20
min. 19 sec. E, 98.21 feet to a 60d nail found in a 14 inch
hackberry; S 85 deg. 32min. 18 sec. E, 61.46 feet to a 60d nail found
in a fence corner post; S 72 deg. 12 min. 13 sec. E, 134.57 feet to a
1/2 inch iron rod found; N 83 deg. 26 min. 21 sec. E, 173.40 feet to
a 1/2 inch iron rod found; N 25 deg. 46 min. 17 sec. E, 308.95 feet
to a fence angle post; N 13 deg. 03 min. 57 sec. E, 297.18 feet to a 4
inch mesquite; N 01 deg. 02 mm. 30 sec. E, 74.39 feet to a 60d nail
found in a 20 inch cedar; N 01 deg. 10 min. 52 sec. W, 235.42 feet to
a 60d nail found in a fence post; N 45 deg. 05 min. 55 sec W, 40.51
feet to a 60d nail found in a fence post; N 30 deg. 30 min. 06 sec. E,
45.20 feet to a 60d nail found In a fence post; N 10 deg. 08 min. 13
sec. W, 267.96 feet to a fence post; N 03 deg. 23 min. 01 sec. W,
93.78 feet to a 60d nail found in a fence post; N 10 deg. 08 min. 13
sec. W, 267.96 feet to a fence post; N 03 deg. 23 min. 01 sec, W,
93.78 feet to a 60d nail found in a 6 inch elm; N 22 deg. 11 min. 08
sec, 75.45 feet to a 60d nail found in a fence post; N 01 deg. 42
min. 11 sec. E, 231.59 feet to a 60d nail found In a 10 inch elm; N 03
deg. 57 min. 45 sec. W, 47.13 feet to a 60d nail found in a 10 inch
elm; N 02 deg. 02 min. 04 sec. F, 91.46 feet to a 5/8 inch iron rod
found where same intersects the old down fence for an angle corner
of this tract. Said point being the southwest corner of the before
mentioned 4.027 acre tract.
THENCE with a fence line along the west line of the 4,027 acre
tract, N 02 deg. 02 min. 04 sec. E, 49.63 feet to a 1/2 inch iron rod
found at a fence corner; N 47 deg. 26 min. 38 sec. E, 178.31 feet to
a 1/2 inch iron rod found at a fence corner; N 42 deg. 36 min. 35
sec. E, 38.12 feet to a 1/2 inch iron rod found; N 07 deg. 24 min. 36
sec. E, 69.00 feet to a 1/2 inch iron rod found; N 13 deg. 13 min. 12
sec. W, 110.47 feet to a 1/2 inch iron rod found; N 10 deg. 21 min.
49 sec. W, 59.80 feet to a 1/2 iron rod found; N 08 deg. 32 min. 11
sec. W, 71.23 feet to a 1/2 inch iron rod found; N 22 deg. 06 min. 13
sec. W, 23.98 feet to a 1/2 inch iron rod found; N 07 deg. 49 min. 15
sec. W, 21.29 feet to a 1/2 inch iron rod found; N 07 deg. 50 min. 11
sec. E, 150.09 feet to a 1/2 inch iron rod found at a fence corner
for the northwest corner of this tract.
THENCE continuing with said fence along the north line of said 4,027
acre tract, S 59 deg. 59 min. 10 sec. E, 75.63 feet to a 60d nail
found at a 6 inch elm; S 68 deg. 52 min. 32 sec. E, 117.17 feet to a
60d nail found at a 12 inch elm; N 85 deg. 11 min. 47 sec. E, 207.14
feet to a 60d nail found at a 40 inch elm; N 63 deg. 28 min. 45 sec.
E, 114.94 feet to a 5/8 inch iron rod found for the low bank of the
Colorado River for an angle corner of this tract.
THENCE with the meanders of the low bank of the Colorado River, S 81
deg. 50 min. 32 sec. F, 179.25 feet; S 82 deg. 31 min. 26 sec. E,
113.09 feet to a 1/2 inch iron rod found at the east corner of the
said 4.027 acre tract common with a corner of the 166.578 acre and
surveyed 181.041 acre tract.
THENCE continuing with the meanders of the low bank of the Colorado
River and a north line of the 166.578 acre and 181.041 acre tract, S
82 deg. 31 min. 26 sec. E, 67.07 feet to a point; S 87 deg. 11 min. 45
sec. E, 64.40 feet to a point where same intersects the center of a
Ravine known as Hatherly-Walker Branch, the northwest corner of the
before mentioned 177.476 acre tract, the northeast corner of the
166.578 acre and 181.041 acre tract for an angle corner of this
tract.
THENCE with the meanders of the low bank of the Colorado River, N 80
deg. 52 min. 27 sec. E, 421.79 feet; N 72 deg. 49 min. 27 sec. E,
1441.81 feet; N 65 deg. 52 min. 11 sec. E, 1610.22 feet; N 76 deg 02
mm. 07 sec. E, 975.77 feet; N 67 deg. 10 min. 12 sec. E, 510.12 feet
to the POINT OF BEGINNING, containing 412.040 acres of land.
LEGAL DESCRIPTION OF TRACT 4: All that certain tract or parcel of
land situated in the Solomon Duty Survey, A-29 in Bastrop County,
Texas and being all of a 38.75 acre tract, a 40.00 acre tract, and a
25.07 acre tract conveyed to LeAnna H. .Johnson by deed recorded as
Document #201102644 of the Official Public Records of Bastrop
County, Texas and being more particularly described as follows:
BEGINNING at an iron pin found on the curving South line of F.M.
#969. in the East corner of a 12.055 acre tract conveyed to Britt
Stewart et ux by Document #201605535 of the above mentioned
Official Records, for the North corner of the above mentioned 25.07
acre tract and the North corner of this tract.
THENCE with the arc of the said curve, to the left, 202.18 feet,
said curve having a radius of 619.77 feet, a central angle of 18°41 '
29'', and a sub-chord which bears N 80"43'08"E 201.29 feet to an
iron pin found in the West corner of a 11.00 acre tract conveyed to
W.T. McPherson in Volume 641, Page 500 of the Deed Records of
Bastrop County, Texas for the Northeast corner of the said 25.07
acre tract and the Northeast corner of this tract.
THENCE with the Southwest line of the above mentioned 11.00 acre
tract and the Northeast line of the said 25.07 acre tract and the
above mentioned 40.00 acre tract for the following four (4)
courses:
1. S 20°27'07"E 142.71 feet to an iron pin found for an angle point.
2. S 60°11'03"E 563.67 feet to an iron pin found for an ell corner.
3. S 29°44'37"W 312.46 feet to an iron pin found for an ell corner
4. S 59°4 l '40"E 1371.57 feet to an iron pin found on the Northwest
line of a 190.03 acre tract conveyed to Riorado, Ltd. in Volume
1061, Page 413 of the above mentioned Deed Records, in the South
corner of the said 11.00 acre tract and the East corner of the said
40.00 acre tract for the East corner of this tract.
THENCE S 29°20'30"W 1636.80 feet to an iron pipe found in the West
corner of the above mentioned 190.03 acre tract and the North corner
of a 100.0 acre tract conveyed to B.P. Bearden et ux in Volume 738,
Page 669 of the said Deed Records of Bastrop County, Texas for an
angle point of this tract.
THENCE S 29°23'06"W with the Northwest line of the above mentioned
100.0 acre tract 621.62 feet to an iron pin found on the Northeast
line of Watersedge Terrace as set out on the plat of Lazy River
Acres recorded in Cabinet 1, Slide 50A of the Plat Records of
Bastrop County. Texas. for the South corner of the said 40.00
acre tract and the South corner of this tract.
THENCE with the Northeast right-of-way line of Watersedge Terrace
for the following six courses:
1. N 59°40'37"W 640,28 feet to an iron pin set in the PC of a curve
to the right said curve having a radius of 315.50 feet and a central
angle of 27°55'31".
2. THENCE with the arc of the said curve 153.77 feet the long chord
of which bears N 45°36'02"W 152.25 feet to an iron pin found for the
West corner of the said 40.00 acre tract and the South corner of the
above mentioned 38.75 acre tract for the PT of the said curve.
3. THENCE N 32°02'38"W 628.66 feet to an iron pin set in the PC of a
curve to the right said curve having a radius of 1,218.51 feet and a
central angle of 18°48'00",
4. THENCE with the arc of the said curve 399.82 feet the long
chord of which bears N 22°36'34"W 398,03 feet to an iron pin set for
the PT of the said curve,
5. THENCE N 13°12'34"W 397.00 feet to an iron pin set in the PC of a
curve to the left said curve having a radius of 1179,50 feet and a
central angle of 16°58'29".
6. with the arc of the said curve 349.45 feet the long
chord of which bears N 21°48'52"W 348.17 feet to an iron pin
found in the South corner of the above mentioned 12.055 acre tract
and the West corner of the said 38,75 acre tract, for the West
corner of this tract.
THENCE N 29°05'20" E 1457.36 feet to the POINT OF BEGINNING
containing 103.852 acres of land. more or less.
LEGAL DESCRIPTION OF TRACT 5: Lot 4, TOWERING OAKS ESTATES TWO, a
subdivision in Bastrop County, Texas, according to the map or plat
of record in Plat Cabinet No. 3, Page 151B, Plat Records of Bastrop
County, Texas as described in deed recorded in Volume 1647, Page
842, Official Records, Bastrop County, Texas. Ratification of Plat
recorded in Volume 986, Page 321, Official Records of Bastrop
County, Texas.
LEGAL DESCRIPTION OF TRACT 6: BEING a 212.854 acre tract or parcel
of land out of and being a part of the Martin Wells Survey, A-68, in
Bastrop County, Texas, and being all of that certain tract
described in a deed from Mary Elizabeth Bryant to DLP Real Estate
Acquisition Corp., as recorded in Vol. 1872, Page 474, Bastrop
County Official Public Records. Said tract being a part of that
certain 519 acre tract described as Second Tract in a deed from John
Barton to W.A. Barton, Johnnie Barton, and Ruth Barton, dated
August 20, 1947, recorded in Volume 123, Page 114, Bastrop County
Deed Records. Herein described tract or parcel of land being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at a fence corner, the
northeast corner of the before mentioned 519 acre tract, the
northwest corner of Lot No. 21, Towering Oaks Estates Two, a
subdivision in Bastrop County, Texas, as recorded in Plat cabinet
3, Page 1518, Bastrop County Plat Records, the southeast corner of
Lot No. 30, Texas Heritage, a subdivision in sa!d survey as
recorded in Plat Cabinet 1, Page 83A, Bastrop County Plat Records,
and southwest corner of the 289.588 acre Lula Martin, Est., for the
northeast corner of this tract.
THENCE with the east line, as fenced, of the said 519 acre tract,
the west line of Lots 21-10, Towerlng Oaks Estates Two, S 31 deg. 25
m1n. 22 sec. W, 585.50 feet to a 1/2. lnch iron rod found; S 29 deg.
51 min. 30 sec. W, 1201.78 feet to a 1/2 inch iron rod found; s 29
deg, 40 min. 55 sec. w, S01.36 Feet to a 1/2 inch iron rod found; S
29 deg. 41 min. 36 sec. W, 400.09 feet to a 1/2 inch iron rod found;
S 29 deg. 41 min. 01 sec. W, 800.86 feet to a 1/2 Inch ,Iron rod
found; S 29 deg. 40 min. 23 sec. W, 205.45 feet to a 1/2 Inch iron
rod found; S 29 deg. 47 min. 23 sec. W, 195.29 feet to a 1/2 inch
iron rod found; S 29 deg. 51 min. 19 sec. W, 740.56 feet to a 1/2
inch Iron rod found at a fence corner, an interior corner of Lot 10,
for an angle corner of this tract.
THENCE continuing with a north line of Lot 10, N 61 deg. 48 min. 27
sec. W, 253.01 feet to a 5/8 inch iron rod found at a northwest
corner of Lot 10, and the northeast corner of that certain 26.49
acre tract described as Parcel 2 in a deed from Ella Voncile Daily
Glass Estate to James Robert Glass, et al, dated September 3, 1996,
recorded in Volume 815, Page 212, Bastrop County Official Records,
for an angle corner of the said 519 acre tract and this tract.
THENCE with the north line, as fenced, of the 26.49 acre tract, N 60
deg. 30 mln. 25 sec. W, 620.15 feet to a 5/8 inch iron rod set at a
fence corner, the northwest corner of the 26.49 acre tract, for an
interior corner of the said 519 acre tract and this tract.
THENCE with the west line, as fenced, of the 26.49 acre tract, the
east line of the said 519 acre tract, s 29 deg. 52 min. 03 sec. W,
1766.02 feet to a 5/8 inch iron rod set where same intersects the
north line of Farm to Market Road No. 969, for the southeast corner
of this tract.
THENCE with the north line of said Farm to Market Road No. 969, N 41
deg. 56 min. 21 sec. W, 334.69 feet to a concrete right-of-way
marker found at the beginning of a curve to the right.
THENCE continuing with the north line of said Farm to Market Road
No. 969 along said curve to the right whose radius is 1859.86 feet;
whose central angle is 6 deg. 37 min. 32 sec.; whose long chord
bears N 38 deg. 13 min. 36 sec. W, 214.95 feet; 215.07 feet along the
arc to a concrete right-of way marker found at the end of said
curve.
THENCE continuing with the north line of said Farm to Market Road
No. 9691 N 35 deg. 17 min. 35 sec. W, 795.44 feet to a 1/2 inch
Iron rod found near a fence corner where same Intersects the west
line of the said 519 acre tract, the east line of that certain
269.792 acre tract described in a deed from Alexander Oaks
Development, LLC, to Kenneth D. Hinsvark1 recorded in Volume
1444, Page 260, Bastrop County Official Public Records, for the
southwest corner of this tract.
THENCE with the west line of the said 519 acre tract, ●the east line
of the Hinsvark 269.792 acre tract, as fenced, N 29 deg. 51 min. 32
sec. E, 1251.95 feet to a 1/2 inch Iron rod found at a fence corner;
S 61 deg. 03 min. 06 sec. E, 806.75 feet to a 1/2 Inch Iron rod found
at a fence corner; N ●30 deg. 22 min. 55 sec. E, 2687.43 feet to a 1h
inch iron rod found at a fence corner, the northeast corner of the
Hinsvark 269.792 acre tract, an interior corner of the said 519 acre
tract, for an interior corner of this tract.
THENCE with the north line of the Hinsvark 269.792 acre tract and an
upper south line of the 519 acre tract, N 59 deg. 51 min. 41 sec. W,
445.85 feet to a 1/2 inch iron rod found for the south corner of Lot
No. 23, Texas Heritage, for an angle corner of the 519 acre tract
and this tract. THENCE with the west line of the said 519 acre
tract, the east line of Tracts No. 23, 24, 25, and 26, Texas
Heritage, N 29 deg. 18 min. 45 sec. E, 1581.42 feet to a 1/2 inch
Iron rod found at the common corner of Lots 25 and 26; N 30 deg. 08
min. 21 sec. E, 114.39 feet to a 1/2 inch iron rod found; N 30●deg.
12 min. 02 sec. E, 553.91 feetto a 5/8 inch iron rod found in the
south line of Tract No. 28, the northeast corner of Tract No. 26,
the northwest corner of the said 519 acre tract, for the northwest
corner of this tract.
THENCE with the north line of the said 519 acre tract, the south
line of Tracts No. 28, 29, and 30, Texas Heritage, S 59 deg. 45 min.
36 sec. E, 130.89 feet to a 1/2 inch iron pipe found; S 59 deg. 26
min. 09 sec. E, 1277.57 feet to a 1/2 inch lron rod found at the
common corner of Lots 29 and 30; S 60 deg. 25 mln. 27 sec. E, 338.92
feet to the POINT OF BEGINNING, containing 212.854 acres of land.
SECTION 4. (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 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 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.