Bill Text: TX HB4155 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the creation of the Vineyard Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Sponsorship: Partisan Bill (Republican 2)
Status: (Enrolled - Dead) 2015-06-19 - Effective on 9/1/15 [HB4155 Detail]
Download: Texas-2015-HB4155-Enrolled.html
| H.B. No. 4155 | ||
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| relating to the creation of the Vineyard Municipal Management | ||
| District No. 1; providing authority to issue bonds; providing | ||
| authority to impose assessments, fees, or taxes. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle C, Title 4, Special District Local Laws | ||
| Code, is amended by adding Chapter 3933 to read as follows: | ||
| CHAPTER 3933. VINEYARD MUNICIPAL MANAGEMENT DISTRICT NO. 1 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 3933.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "Commission" means the Texas Commission on | ||
| Environmental Quality. | ||
| (3) "County" means Williamson County, Texas. | ||
| (4) "Director" means a board member. | ||
| (5) "District" means the Vineyard Municipal | ||
| Management District No. 1. | ||
| Sec. 3933.002. CREATION AND NATURE OF DISTRICT. The | ||
| Vineyard Municipal Management District No. 1 is a special district | ||
| created under Sections 52 and 52-a, Article III, and Section 59, | ||
| Article XVI, Texas Constitution. | ||
| Sec. 3933.003. CONFIRMATION AND DIRECTORS' ELECTION | ||
| REQUIRED. On receipt of a petition signed by the owners of a | ||
| majority of the acreage and the assessed value of real property in | ||
| the district according to the most recent certified tax appraisal | ||
| roll for the county, the initial 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. 3933.004. PURPOSE; LEGISLATIVE FINDINGS. (a) The | ||
| creation of the district is essential to accomplish the purposes of | ||
| Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
| Texas Constitution, and other public purposes stated in this | ||
| chapter. By creating the district, the legislature has established | ||
| a program to accomplish the public purposes set out in Section 52-a, | ||
| Article III, Texas Constitution. | ||
| (b) The creation of the district is necessary to promote, | ||
| develop, encourage, and maintain employment, commerce, | ||
| transportation, housing, tourism, recreation, the arts, | ||
| entertainment, economic development, safety, and the public | ||
| welfare and for other similar purposes in the district. | ||
| (c) This chapter and the creation of the district may not be | ||
| interpreted to relieve the county from providing the level of | ||
| services provided to the area in the district as of the effective | ||
| date of the Act enacting this chapter. The district is created to | ||
| supplement and not to supplant the county services provided in the | ||
| district. | ||
| Sec. 3933.005. 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 52 and 52-a, | ||
| Article III, and Section 59, Article XVI, Texas Constitution, and | ||
| other powers granted under this chapter. | ||
| (c) The district is created to accomplish the purposes of a | ||
| municipal management district as provided by general law and | ||
| Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
| Texas Constitution. | ||
| (d) The creation of the district is in the public interest | ||
| and is essential to: | ||
| (1) further the public purposes of developing and | ||
| diversifying the economy of the state; | ||
| (2) eliminate unemployment and underemployment; and | ||
| (3) develop or expand transportation and commerce. | ||
| (e) The district will: | ||
| (1) promote the health, safety, and general welfare of | ||
| residents, employers, potential employees, employees, visitors, | ||
| and consumers in the district, and of the public; | ||
| (2) provide needed funding for the district to | ||
| preserve, maintain, and enhance the economic health and vitality of | ||
| the district territory as a community, residential, tourism, | ||
| recreational, business, and commerce center; and | ||
| (3) promote the health, safety, welfare, education, | ||
| convenience, and enjoyment of the public by: | ||
| (A) improving, landscaping, and developing | ||
| certain areas in or adjacent to the district; and | ||
| (B) providing public services and facilities in | ||
| or adjacent to the district that are necessary for the restoration, | ||
| preservation, and enhancement of scenic beauty. | ||
| (f) Pedestrian ways along or across a street, whether at | ||
| grade or above or below the surface, and street lighting, street | ||
| landscaping, parking, and street art objects are parts of and | ||
| necessary components of a street and are considered to be a street | ||
| or road improvement. | ||
| (g) The district will not act as the agent or | ||
| instrumentality of any private interest even though the district | ||
| will benefit many private interests as well as the public. | ||
| Sec. 3933.006. INITIAL DISTRICT TERRITORY. (a) The | ||
| district is initially composed of the territory described by | ||
| Section 2 of the Act enacting this chapter. | ||
| (b) The boundaries and field notes contained in Section 2 of | ||
| the Act enacting this chapter form a closure. A mistake in the | ||
| field notes or in copying the field notes in the legislative process | ||
| does not affect the district's: | ||
| (1) organization, existence, or validity; | ||
| (2) right to contract; | ||
| (3) authority to borrow money or issue bonds or other | ||
| obligations or to pay the principal and interest of the bonds or | ||
| other obligations; | ||
| (4) right to impose or collect an assessment, fee, or | ||
| tax or collect other revenue; or | ||
| (5) legality or operation. | ||
| Sec. 3933.007. 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 the county or a municipality in the county creates a | ||
| tax increment reinvestment zone described by Subsection (a), the | ||
| county or municipality and the board of directors of the zone, by | ||
| contract with the district, may grant money deposited in the tax | ||
| increment fund to the district to be used by the district for: | ||
| (1) the purposes permitted for money granted to a | ||
| corporation under Section 380.002(b), Local Government Code; and | ||
| (2) any other district purpose, including the right to | ||
| pledge the money as security for any bonds or other obligations | ||
| issued by the district. | ||
| (c) If the county or a municipality in the county creates a | ||
| tax increment reinvestment zone described by Subsection (a), the | ||
| county or municipality may determine the percentage of the property | ||
| in the zone that may be used for residential purposes and is not | ||
| subject to the limitations provided by Section 311.006, Tax Code. | ||
| Sec. 3933.008. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
| DISTRICT LAW. Except as provided by this chapter, Chapter 375, | ||
| Local Government Code, applies to the district. | ||
| Sec. 3933.009. CONSTRUCTION OF CHAPTER. This chapter shall | ||
| be liberally construed in conformity with the findings and purposes | ||
| stated in this chapter. | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 3933.051. GOVERNING BODY; TERMS. (a) The district is | ||
| governed by a board of five elected directors. | ||
| (b) Except as provided by Section 3933.052, directors serve | ||
| staggered four-year terms. | ||
| Sec. 3933.052. TEMPORARY DIRECTORS. (a) The temporary | ||
| board consists of: | ||
| (1) Cynthia Mitchell; | ||
| (2) Lindsey Tootle; | ||
| (3) Kathy Parker; | ||
| (4) Spencer Bryson; and | ||
| (5) Stephen Wohr. | ||
| (b) Temporary directors serve until the earlier of: | ||
| (1) the date permanent directors are elected under | ||
| Section 3933.003; 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 3933.003 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 3933.003; 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. 3933.101. GENERAL POWERS AND DUTIES. The district has | ||
| the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 3933.102. IMPROVEMENT PROJECTS. The district may | ||
| provide, or it may enter into contracts with a governmental or | ||
| private entity to provide, the improvement projects described by | ||
| Subchapter C-1 or activities in support of or incidental to those | ||
| projects. | ||
| Sec. 3933.103. WATER DISTRICT POWERS. The district has the | ||
| powers provided by the general laws relating to conservation and | ||
| reclamation districts created under Section 59, Article XVI, Texas | ||
| Constitution, including Chapters 49 and 54, Water Code. | ||
| Sec. 3933.104. ROAD DISTRICT POWERS. The district has the | ||
| powers provided by the general laws relating to road districts and | ||
| road utility districts created under Section 52(b), Article III, | ||
| Texas Constitution, including Chapters 257 and 441, Transportation | ||
| Code. | ||
| Sec. 3933.105. 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. 3933.106. PUBLIC IMPROVEMENT DISTRICT POWERS. The | ||
| district has the powers provided by Chapter 372, Local Government | ||
| Code, to a municipality or county. | ||
| Sec. 3933.107. COUNTY DEVELOPMENT DISTRICT POWERS. The | ||
| district has the powers of a county development district provided | ||
| by Chapter 383, Local Government Code. | ||
| Sec. 3933.108. CONTRACT POWERS. The district may contract | ||
| with a governmental or private entity, on terms determined by the | ||
| board, to carry out a power or duty authorized by this chapter or to | ||
| accomplish a purpose for which the district is created. | ||
| Sec. 3933.109. ECONOMIC DEVELOPMENT PROGRAMS. (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 promote state or local | ||
| economic development and to stimulate business and commercial | ||
| activity in the district, including programs to: | ||
| (1) make loans and grants of public money; and | ||
| (2) provide district personnel and services. | ||
| (c) The district may create economic development programs, | ||
| make loans and grants for economic development purposes to promote, | ||
| develop, encourage, and maintain employment, commerce, | ||
| transportation, housing, tourism, recreation, the arts, | ||
| entertainment, safety, and the public welfare and for other similar | ||
| purposes, and exercise the economic development powers that: | ||
| (1) Chapter 380, Local Government Code, provides to a | ||
| municipality; and | ||
| (2) Subchapter A, Chapter 1509, Government Code, | ||
| provides to a municipality. | ||
| Sec. 3933.110. ADDING OR REMOVING TERRITORY. As provided | ||
| by Subchapter J, Chapter 49, Water Code, the board may add territory | ||
| to the district or remove territory from the district. | ||
| Sec. 3933.111. NO TOLL ROADS. The district may not | ||
| construct, acquire, maintain, or operate a toll road. | ||
| Sec. 3933.112. NO EMINENT DOMAIN POWER. The district may | ||
| not exercise the power of eminent domain. | ||
| SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES | ||
| Sec. 3933.151. IMPROVEMENT PROJECTS AND SERVICES. The | ||
| district may provide, design, construct, acquire, improve, | ||
| relocate, operate, maintain, or finance an improvement project or | ||
| service, including tourism and visitor facilities, using any money | ||
| available to the district, or contract with a governmental or | ||
| private entity and reimburse that entity for the provision, design, | ||
| construction, acquisition, improvement, relocation, operation, | ||
| maintenance, or financing of an improvement project, service, or | ||
| cost, for the provision of credit enhancement, or for any cost of | ||
| operating or maintaining the district or the issuance of district | ||
| obligations authorized under this chapter, Chapter 372, 375, or | ||
| 383, Local Government Code, or Chapter 49 or 54, Water Code. | ||
| Sec. 3933.152. BOARD DETERMINATION REQUIRED. The district | ||
| may not undertake an improvement project unless the board | ||
| determines the project is necessary to accomplish a public purpose | ||
| of the district. | ||
| Sec. 3933.153. LOCATION OF IMPROVEMENT PROJECT. An | ||
| improvement project may be located or provide service inside or | ||
| outside the district. | ||
| Sec. 3933.154. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE | ||
| AREAS. The district may undertake an improvement project or | ||
| service that confers a special benefit on one or more definable | ||
| areas in the district that share a common characteristic or use and | ||
| levy and collect a special assessment on benefited property in the | ||
| district in accordance with: | ||
| (1) Chapter 372, Local Government Code; or | ||
| (2) Chapter 375, Local Government Code. | ||
| SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS | ||
| Sec. 3933.201. DIVISION OF DISTRICT; PREREQUISITE. The | ||
| district, including territory added to the district under Section | ||
| 3933.110, may be divided into two or more new districts only if the | ||
| district has no outstanding bonded debt. Territory previously | ||
| added under Section 3933.110 may be included in a new district. | ||
| Sec. 3933.202. LAW APPLICABLE TO NEW DISTRICT. This | ||
| chapter applies to any new district created by division of the | ||
| district, and a new district has all the powers and duties of the | ||
| district. | ||
| Sec. 3933.203. DIVISION PROCEDURES. (a) The board, on its | ||
| own motion or on receipt of a petition signed by an owner of real | ||
| property in the district, may adopt an order proposing to divide the | ||
| district. | ||
| (b) 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; | ||
| (2) prepare a metes and bounds description for each | ||
| proposed district; and | ||
| (3) appoint initial directors for each new district. | ||
| Sec. 3933.204. CONTRACT AUTHORITY OF NEW DISTRICTS. The | ||
| new districts may contract with each other for any matter the boards | ||
| of the new districts consider appropriate, including the joint | ||
| construction or financing of a utility improvement, the joint | ||
| financing of a maintenance obligation, and water and wastewater | ||
| services. | ||
| SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
| Sec. 3933.251. MONEY USED FOR IMPROVEMENTS, SERVICES, OR | ||
| OTHER EXPENSES. (a) The district may undertake and provide an | ||
| improvement project or service authorized by this chapter using any | ||
| money available to the district. | ||
| (b) The district may provide or secure the payment or | ||
| repayment of any cost or expense related to the establishment, | ||
| administration, and operation of the district and the district's | ||
| costs or share of the costs of a district contractual obligation or | ||
| debt through: | ||
| (1) a lease, installment purchase contract, or other | ||
| agreement with any person; or | ||
| (2) the imposition of taxes, user fees, concessions, | ||
| rentals, or other revenue or resources of the district. | ||
| Sec. 3933.252. BORROWING MONEY; OBLIGATIONS. (a) The | ||
| district may borrow money for a district purpose, including the | ||
| acquisition or construction of improvement projects authorized by | ||
| this chapter and the reimbursement of a person who develops or owns | ||
| an improvement project authorized by this chapter, without holding | ||
| an election by issuing bonds, notes, time warrants, credit | ||
| agreements, or other obligations, or by entering into a contract or | ||
| other agreement payable wholly or partly from an assessment, a | ||
| contract payment, a grant, revenue from a zone created under | ||
| Chapter 311 or 312, Tax Code, sales and use taxes, hotel occupancy | ||
| taxes, other district revenue, or a combination of these sources. | ||
| (b) An obligation described by Subsection (a): | ||
| (1) may bear interest at a rate determined by the | ||
| board; and | ||
| (2) may include a term or condition as determined by | ||
| the board. | ||
| Sec. 3933.253. ASSESSMENTS. (a) Except as provided by | ||
| Subsection (b), the district may impose an assessment on property | ||
| in the district, regardless of whether the property is contiguous, | ||
| to pay for an obligation described by Section 3933.252 or for an | ||
| improvement project authorized under Section 3933.151 in the manner | ||
| provided for: | ||
| (1) a district under Subchapter A, E, or F, Chapter | ||
| 375, Local Government Code; or | ||
| (2) a municipality or county under Subchapter A, | ||
| Chapter 372, Local Government Code. | ||
| (b) The district may: | ||
| (1) adopt procedures for the collection of assessments | ||
| under this chapter that are consistent with the procedures for the | ||
| collection of a hotel occupancy tax under Chapter 351, Tax Code; and | ||
| (2) pursue remedies for the failure to pay an | ||
| assessment under this chapter that are available for failure to pay | ||
| a hotel occupancy tax under Chapter 351, Tax Code. | ||
| (c) The district may not impose an assessment on a | ||
| municipality, county, or other political subdivision. | ||
| Sec. 3933.254. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||
| 375.161, Local Government Code, does not apply to the district. | ||
| Sec. 3933.255. IMPACT FEES; EXEMPTION. (a) The district | ||
| may impose an impact fee on property in the district, including an | ||
| impact fee on residential property, according to the benefit | ||
| received by the property. | ||
| (b) An impact fee for residential property must be for the | ||
| limited purpose of providing capital funding for: | ||
| (1) public water and wastewater facilities; | ||
| (2) drainage and storm water facilities; and | ||
| (3) streets and alleys. | ||
| (c) The district may not impose an impact fee on the | ||
| property, including equipment and facilities, of a public utility | ||
| provider or a cable operator as defined by 47 U.S.C. Section 522. | ||
| Sec. 3933.256. RATES, FEES, AND CHARGES. The district may | ||
| establish, revise, repeal, enforce, and collect rates, fees, and | ||
| charges for the enjoyment, sale, rental, or other use of: | ||
| (1) an improvement project; | ||
| (2) a product resulting from an improvement project; | ||
| or | ||
| (3) another district facility, service, or property. | ||
| Sec. 3933.257. PUBLIC SERVICE USER CHARGES. The district | ||
| may establish user charges related to various public services, | ||
| including: | ||
| (1) the collection and treatment of wastewater; | ||
| (2) the operation of storm water facilities, including | ||
| the regulation of storm water for the protection of water quality in | ||
| the district; or | ||
| (3) the provision of septic tank maintenance services | ||
| inside and outside the district. | ||
| Sec. 3933.258. COSTS FOR IMPROVEMENT PROJECTS. The | ||
| district may undertake separately or jointly with other persons all | ||
| or part of the cost of an improvement project, including an | ||
| improvement project: | ||
| (1) for improving, enhancing, and supporting public | ||
| safety and security, fire protection and emergency medical | ||
| services, and law enforcement in or adjacent to the district; | ||
| (2) for improving, enhancing, providing, or | ||
| supporting tourism, recreation, housing, the arts, entertainment, | ||
| or economic development; or | ||
| (3) that confers a general benefit on the entire | ||
| district or a special benefit on a definable part of the district. | ||
| SUBCHAPTER F. TAXES AND BONDS | ||
| Sec. 3933.301. ELECTIONS REGARDING TAXES OR BONDS. (a) The | ||
| district may issue, without an election, bonds and other | ||
| obligations secured by assessments, contract payments, sales and | ||
| use taxes, hotel occupancy taxes, or any other revenue from any | ||
| source other than ad valorem taxes. | ||
| (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. 3933.302. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized by a majority of the district voters voting at an | ||
| election held under Section 3933.301, 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. | ||
| (c) Notwithstanding Subsection (a), Section 49.107(f), | ||
| Water Code, does not apply to the district. | ||
| Sec. 3933.303. 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. | ||
| Sec. 3933.304. TAXES FOR BONDS AND OTHER OBLIGATIONS. At | ||
| the time bonds or other obligations payable wholly or partly from ad | ||
| valorem taxes are issued: | ||
| (1) the board shall impose a continuing direct annual | ||
| ad valorem tax, without limit as to rate or amount, for each year | ||
| that all or part of the bonds are outstanding; and | ||
| (2) the district annually shall impose an ad valorem | ||
| 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; and | ||
| (C) pay the expenses of imposing the taxes. | ||
| Sec. 3933.305. 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. | ||
| SUBCHAPTER G. SALES AND USE TAX | ||
| Sec. 3933.351. MEANINGS OF WORDS AND PHRASES. A word or | ||
| phrase used in this subchapter that is defined by Chapters 151 and | ||
| 321, Tax Code, has the meanings assigned by Chapters 151 and 321, | ||
| Tax Code. | ||
| Sec. 3933.352. APPLICABILITY OF CERTAIN TAX CODE | ||
| PROVISIONS. (a) The provisions of Subchapters C, D, E, and F, | ||
| Chapter 323, Tax Code, relating to county sales and use taxes apply | ||
| to the application, collection, and administration of a sales and | ||
| use tax imposed under this subchapter to the extent consistent with | ||
| this chapter, as if references in Chapter 323, Tax Code, to a county | ||
| referred to the district and references to a commissioners court | ||
| referred to the board. | ||
| (b) Sections 323.401-323.404 and 323.505, Tax Code, do not | ||
| apply to a tax imposed under this subchapter. | ||
| Sec. 3933.353. AUTHORIZATION; ELECTION. (a) The district | ||
| shall adopt, reduce, or repeal the sales and use tax authorized by | ||
| this subchapter at an election in which a majority of the voters of | ||
| the district voting in the election approve the adoption, | ||
| reduction, or repeal of the tax, as applicable. | ||
| (b) The board by order shall call an election to adopt, | ||
| reduce, or repeal a sales and use tax. The election shall be held on | ||
| the first authorized uniform election date that occurs after the | ||
| time required by Section 3.005, Election Code. | ||
| (c) The district shall provide notice of the election and | ||
| shall hold the election in the manner prescribed by Chapter 54, | ||
| Water Code, for bond elections for municipal utility districts. | ||
| (d) The ballots shall be printed to provide for voting for | ||
| or against the following appropriate proposition: | ||
| (1) "Adoption of a ___ percent district sales and use | ||
| tax in the district"; | ||
| (2) "Reduction of the district sales and use tax in the | ||
| district from ___ percent to ___ percent"; or | ||
| (3) "Repeal of the district sales and use tax in the | ||
| district." | ||
| Sec. 3933.354. EFFECTIVE DATE OF TAX. A tax imposed under | ||
| this subchapter or the repeal or reduction of a tax under this | ||
| subchapter takes effect on the first day of the first calendar | ||
| quarter that occurs after the date the comptroller receives the | ||
| copy of the resolution as required by Section 323.405(b), Tax Code. | ||
| Sec. 3933.355. SALES AND USE TAX RATE. (a) On adoption of | ||
| the tax authorized by this subchapter, there is imposed a tax of two | ||
| percent, or the maximum rate at which the combined tax rate of all | ||
| local sales and use taxes in any location in the district does not | ||
| exceed two percent, on the receipts from the sale at retail of | ||
| taxable items in the district, and an excise tax on the use, | ||
| storage, or other consumption in the district of taxable items | ||
| purchased, leased, or rented from a retailer in the district during | ||
| the period that the tax is in effect. | ||
| (b) The rate of the excise tax is the same as the rate of the | ||
| sales tax portion of the tax and is applied to the sales price of the | ||
| taxable item. | ||
| Sec. 3933.356. EXAMINATION AND RECEIPT OF | ||
| INFORMATION. The district may examine and receive information | ||
| related to the imposition of a sales and use tax to the same extent | ||
| as if the district were a municipality. | ||
| Sec. 3933.357. ALTERNATIVE METHOD OF IMPOSITION. | ||
| Notwithstanding any other provision of this subchapter, the | ||
| district may impose the sales and use tax as provided by Subchapter | ||
| F, Chapter 383, Local Government Code, instead of as provided by the | ||
| other provisions of this subchapter. | ||
| SUBCHAPTER H. HOTEL OCCUPANCY TAX | ||
| Sec. 3933.401. DEFINITION. In this subchapter, "hotel" has | ||
| the meaning assigned by Section 156.001, Tax Code. | ||
| Sec. 3933.402. APPLICABILITY OF CERTAIN TAX CODE | ||
| PROVISIONS. (a) In this subchapter: | ||
| (1) a reference in Chapter 352, Tax Code, to a county | ||
| is a reference to the district; and | ||
| (2) a reference in Chapter 352, Tax Code, to the | ||
| commissioners court is a reference to the board. | ||
| (b) Except as inconsistent with this subchapter, Subchapter | ||
| A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized | ||
| by this subchapter, including the collection of the tax, subject to | ||
| the limitations prescribed by Sections 352.002(b) and (c), Tax | ||
| Code. | ||
| Sec. 3933.403. TAX AUTHORIZED; TAX RATE. (a) The district | ||
| may impose a hotel occupancy tax for the purposes described by | ||
| Section 3933.405. | ||
| (b) The amount of the tax may not exceed seven percent of the | ||
| price paid for a room in a hotel. | ||
| Sec. 3933.404. INFORMATION. The district may examine and | ||
| receive information related to the imposition of hotel occupancy | ||
| taxes to the same extent as if the district were a municipality. | ||
| Sec. 3933.405. USE OF HOTEL OCCUPANCY TAX. (a) The | ||
| district may use the proceeds from a hotel occupancy tax imposed | ||
| under this subchapter for any of the district's purposes and for the | ||
| purposes described by Section 352.1015, Tax Code, to the extent the | ||
| board considers appropriate. | ||
| (b) During each interval of three calendar years following | ||
| the date on which a hotel occupancy tax imposed under this | ||
| subchapter is initially collected, the board may not apply an | ||
| annual average of more than 10 percent of the amount of tax | ||
| collected under that section, excluding any interest earnings or | ||
| investment profits and after a deduction for the costs of imposing | ||
| and collecting the taxes, for the administrative expenses of the | ||
| district or a district purpose other than: | ||
| (1) the costs of advertising and promoting tourism; or | ||
| (2) the costs of business development and commerce, | ||
| including the costs of planning, designing, constructing, | ||
| acquiring, leasing, financing, owning, operating, maintaining, | ||
| managing, improving, repairing, rehabilitating, or reconstructing | ||
| improvement projects for: | ||
| (A) conferences, conventions, meeting space, and | ||
| exhibitions; | ||
| (B) manufacturer, consumer, or trade shows; | ||
| (C) hotels, lodging, and hospitality; | ||
| (D) arts and entertainment; | ||
| (E) parks and recreation; | ||
| (F) economic development; and | ||
| (G) civic, community, or institutional events. | ||
| SUBCHAPTER I. DISSOLUTION OF DISTRICT | ||
| Sec. 3933.451. DISSOLUTION. (a) Except as provided by | ||
| Subsection (b), the board: | ||
| (1) may dissolve the district; and | ||
| (2) shall dissolve the district on receipt of a | ||
| written petition requesting dissolution signed by the owners of 75 | ||
| percent of the acreage of real property in the district. | ||
| (b) The board may not dissolve the district until the | ||
| district's outstanding indebtedness or contractual obligations | ||
| have been repaid or discharged. | ||
| (c) After the board dissolves the district, the board shall | ||
| transfer ownership of all district property and assets to the | ||
| county. | ||
| SECTION 2. The Vineyard Municipal Management District No. 1 | ||
| initially includes all the territory contained in the following | ||
| area: | ||
| FIELD NOTE DESCRIPTION OF A | ||
| 467.379 ACRE TRACT OF LAND OUT OF THE DAVID B. BERRY SURVEY, | ||
| ABSTRACT NO. 104, JOSEPH TOM SURVEY, ABSTRACT NO. 615, JAMES H. TOM | ||
| SURVEY, ABSTRACT NO. 616 AND THE FRANCIS NASH SURVEY, ABSTRACT NO. | ||
| 476, SITUATED IN WILLIAMSON COUNTY, TEXAS | ||
| BEING A 467.379 ACRE (20,359,019 SQUARE FOOT) TRACT OF LAND OUT OF | ||
| THE DAVID B. BERRY SURVEY, ABSTRACT NO. 104, JOSEPH TOM SURVEY, | ||
| ABSTRACT NO. 615, JAMES H. TOM SURVEY, ABSTRACT NO. 616 AND THE | ||
| FRANCIS NASH SURVEY, ABSTRACT NO. 476, SITUATED IN WILLIAMSON | ||
| COUNTY, TEXAS; SAID 467.379 ACRE TRACT BEING COMPRISED OF ALL OF | ||
| THAT CERTAIN CALLED 438.80 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL | ||
| WARRANTY DEED TO AVATAR INVESTMENTS, FILED MAY 2, 2006, AND | ||
| RECORDED IN DOCUMENT NO. 2006034691, OFFICIAL PUBLIC RECORDS OF | ||
| WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), ALL OF THAT CERTAIN CALLED | ||
| 18.4938 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH | ||
| VENDOR'S LIEN TO GARY D. NEWMAN, ALSO KNOWN AS GARY NEWMAN, AND MARY | ||
| L. NEWMAN, ALSO KNOWN AS MARY NEWMAN, FILED OCTOBER 12, 2001, AND | ||
| RECORDED IN DOCUMENT NO. 2001075675, O.P.R.W.C.T., AND ALL OF THAT | ||
| CERTAIN CALLED 10.0000 ACRE TRACT OF LAND DESCRIBED IN A DEED TO | ||
| WILLIAM EDWARD LEGALLEY AND TERESA S. LEGALLEY, FILED SEPTEMBER 1, | ||
| 2000, AND RECORDED IN DOCUMENT NO. 2001018938, O.P.R.W.C.T.; SAID | ||
| 467.379 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND | ||
| BOUNDS AS FOLLOWS: | ||
| BEGINNING AT A 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED | ||
| "CTS 4029" FOUND FOR THE NORTHERNMOST CORNER OF THE HEREIN | ||
| DESCRIBED TRACT AND BEING ON THE SOUTHWEST RIGHT-OF-WAY (R.O.W.) | ||
| LINE OF F.M. HIGHWAY 487 (A VARIABLE WIDTH R.O.W.), SAID POINT | ||
| MARKING THE NORTHERNMOST CORNER OF SAID 438.80 ACRE TRACT, SAME | ||
| BEING THE EASTERNMOST CORNER OF THAT CERTAIN CALLED 28.24 ACRE | ||
| TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH VENDOR'S LIEN TO | ||
| JIMMIE MACK HORTON AND WIFE, NANCY LOUISE HORTON, FILED JULY 10, | ||
| 2002, AND RECORDED IN DOCUMENT NO. 2002052147, O.P.R.W.C.T; | ||
| THENCE, SOUTH 68 DEGREES 55 MINUTES 28 SECONDS EAST, WITH THE COMMON | ||
| SOUTHWESTERLY R.O.W. LINE OF SAID F.M. HIGHWAY 487 AND THE | ||
| NORTHEASTERLY LINE OF SAID 438.80 ACRE TRACT, A DISTANCE OF | ||
| 1,198.69 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN | ||
| DESCRIBED TRACT, SAID POINT ALSO MARKING A CORNER OF THE REMAINDER | ||
| OF THAT CERTAIN CALLED 161.526 ACRE TRACT OF LAND (TRACT I) | ||
| DESCRIBED IN A OWELTY DEED TO JOE M. MAINES, FILED SEPTEMBER 23, | ||
| 1994, AND RECORDED IN VOLUME 2610, PAGE 0670, OFFICIAL RECORDS OF | ||
| WILLIAMSON COUNTY, TEXAS (O.R. W.C.T.); | ||
| THENCE, SOUTH 24 DEGREES 57 MINUTES 18 SECONDS WEST, DEPARTING THE | ||
| SOUTHWESTERLY R.O.W. LINE OF SAID F.M. HIGHWAY 487, WITH THE COMMON | ||
| LINE OF SAID 438.80 ACRE TRACT AND SAID 161.526 ACRE REMAINDER | ||
| TRACT, A DISTANCE OF 311.91 FEET TO A 1/2-INCH IRON ROD FOUND FOR | ||
| CORNER OF THE HEREIN DESCRIBED TRACT AND SAID 161.526 ACRE | ||
| REMAINDER TRACT; | ||
| THENCE, SOUTH 83 DEGREES 14 MINUTES 22 SECONDS WEST, WITH A | ||
| SOUTHERLY LINE OF SAID 438.80 ACRE TRACT, AND PARTWAY WITH A | ||
| NORTHERLY LINE OF SAID 161.526 ACRE REMAINDER TRACT AND PARTWAY | ||
| WITH THE NORTHERLY LINE OF THAT CERTAIN CALLED 4.18 ACRE TRACT OF | ||
| LAND DESCRIBED IN A WARRANTY DEED TO JOE M. MAINES AND WIFE, PATSY | ||
| L. MAINES, FILED MARCH 10, 2000, AND RECORDED IN DOCUMENT NO. | ||
| 2000014838, O.P.R.W.C.T., AT A DISTANCE OF 120.05 FEET PASSING A | ||
| 1/2-INCH IRON ROD IN A FENCE LINE FOUND AND AS CALLED FOR IN THE DEED | ||
| FOR SAID 4.18 ACRE TRACT, AND AT A DISTANCE OF 703.40 FEET PASSING A | ||
| 1/2-INCH IRON ROD IN A FENCE LINE FOUND AND AS CALLED FOR IN THE DEED | ||
| FOR SAID 4.18 ACRE TRACT, CONTINUING IN ALL A TOTAL DISTANCE OF | ||
| 1,303.99 FEET TO A 1/2-INCH IRON ROD FOUND FOR AN INTERIOR CORNER OF | ||
| THE HEREIN DESCRIBED TRACT, SAME MARKING THE WESTERNMOST CORNER OF | ||
| SAID 4.18 ACRE TRACT; | ||
| THENCE, SOUTH 22 DEGREES 02 MINUTES 56 SECONDS EAST, WITH A | ||
| NORTHEASTERLY LINE OF SAID 438.80 ACRE TRACT AND THE SOUTHWESTERLY | ||
| LINE OF SAID 4.18 ACRE TRACT, A DISTANCE OF 39.82 FEET TO A 1/2-INCH | ||
| IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED TRACT, SAID POINT | ||
| MARKING THE SOUTHWEST CORNER OF SAID 4.18 ACRE TRACT, SAME BEING THE | ||
| WESTERNMOST CORNER OF SAID 161.526 ACRE REMAINDER TRACT; | ||
| THENCE, WITH A NORTHEASTERLY LINE OF SAID 438.80 ACRE TRACT, SAME | ||
| BEING THE SOUTHWESTERLY LINE OF SAID 161.526 ACRE REMAINDER TRACT, | ||
| AND WITH THE MAIN ANGLE POINTS OF AN EXISTING FENCE, THE FOLLOWING | ||
| EIGHT (8) CALLS: | ||
| SOUTH 20 DEGREES 15 MINUTES 18 SECONDS EAST, A DISTANCE OF 63.07 | ||
| FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR CORNER OF | ||
| THE HEREIN DESCRIBED TRACT; | ||
| SOUTH 21 DEGREES 55 MINUTES 44 SECONDS EAST, A DISTANCE OF 484.71 | ||
| FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR CORNER OF | ||
| THE HEREIN DESCRIBED TRACT; | ||
| SOUTH 21 DEGREES 44 MINUTES 54 SECONDS EAST, A DISTANCE OF 746.20 | ||
| FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR CORNER OF | ||
| THE HEREIN DESCRIBED TRACT; | ||
| SOUTH 19 DEGREES 38 MINUTES 24 SECONDS EAST, A DISTANCE OF 179.20 | ||
| FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR CORNER OF | ||
| THE HEREIN DESCRIBED TRACT; | ||
| SOUTH 20 DEGREES 37 MINUTES 57 SECONDS EAST, A DISTANCE OF 62.31 | ||
| FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR CORNER OF | ||
| THE HEREIN DESCRIBED TRACT; | ||
| SOUTH 22 DEGREES 58 MINUTES 45 SECONDS EAST, A DISTANCE OF 250.25 | ||
| FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR CORNER OF | ||
| THE HEREIN DESCRIBED TRACT; | ||
| SOUTH 20 DEGREES 28 MINUTES 21 SECONDS EAST, A DISTANCE OF 743.23 | ||
| FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR CORNER OF | ||
| THE HEREIN DESCRIBED TRACT; | ||
| SOUTH 23 DEGREES 27 MINUTES 58 SECONDS EAST, A DISTANCE OF 876.50 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT AND SAID 438.80 ACRE TRACT, SAID POINT MARKING THE | ||
| SOUTHERNMOST CORNER OF SAID 161.526 ACRE REMAINDER TRACT, SAID | ||
| POINT ALSO BEING ON THE NORTHWESTERLY LINE OF THAT CERTAIN CALLED | ||
| 10.009 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED TO LANA D. | ||
| BRANUM, FILED AUGUST 23, 2004, AND RECORDED IN DOCUMENT NO. | ||
| 2004066566, O.P.R.W.C.T.; | ||
| THENCE, SOUTH 68 DEGREES 49 MINUTES 55 SECONDS WEST, WITH A | ||
| SOUTHEASTERLY LINE OF SAID 438.80 ACRE TRACT, SAME BEING THE | ||
| NORTHWESTERLY LINE OF SAID 10.009 ACRE TRACT, A DISTANCE OF 59.71 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT, SAID POINT MARKING THE WESTERNMOST CORNER OF SAID 10.009 | ||
| ACRE TRACT, SAME BEING THE NORTHERNMOST CORNER OF SAID 18.4938 ACRE | ||
| TRACT; | ||
| THENCE, DEPARTING THE SOUTHEASTERLY LINE OF SAID 438.80 ACRE TRACT, | ||
| AND WITH THE COMMON LINE OF SAID 10.009 ACRE TRACT AND SAID 18.4938 | ||
| ACRE TRACT, THE FOLLOWING FIVE (5) CALLS: | ||
| SOUTH 24 DEGREES 07 MINUTES 49 SECONDS EAST, A DISTANCE OF 692.05 | ||
| FEET TO A 1/2-INCH IRON ROD WITH ORANGE PLASTIC CAP STAMPED "WALLACE | ||
| GROUP" (HEREAFTER REFERRED TO AS "WALLACE CAP") SET FOR AN INTERIOR | ||
| CORNER OF THE HEREIN DESCRIBED TRACT; | ||
| NORTH 65 DEGREES 52 MINUTES 11 SECONDS EAST, A DISTANCE OF 371.53 | ||
| FEET TO A 1/2-INCH IRON ROD WITH "WALLACE CAP" SET FOR CORNER OF THE | ||
| HEREIN DESCRIBED TRACT; | ||
| SOUTH 21 DEGREES 04 MINUTES 39 SECONDS EAST, A DISTANCE OF 923.01 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT; | ||
| SOUTH 21 DEGREES 03 MINUTES 10 SECONDS EAST, A DISTANCE OF 828.76 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT; | ||
| SOUTH 21 DEGREES 01 MINUTES 32 SECONDS EAST, A DISTANCE OF 1,017.15 | ||
| FEET TO A 5/8-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT, SAID POINT MARKING THE EASTERNMOST CORNER OF SAID 18.4938 | ||
| ACRE TRACT, SAME BEING THE SOUTHERNMOST CORNER OF SAID 10.009 ACRE | ||
| TRACT, SAID POINT ALSO BEING ON THE NORTHWESTERLY R.O.W. LINE OF | ||
| COUNTY ROAD 233 (A VARIABLE WIDTH R.O.W.); | ||
| THENCE, SOUTH 61 DEGREES 26 MINUTES 22 SECONDS WEST, WITH THE COMMON | ||
| LINE OF SAID COUNTY ROAD 233 AND SAID 18.4938 ACRE TRACT, A DISTANCE | ||
| OF 50.32 FEET TO A 1/2-INCH IRON ROD WITH "WALLACE CAP" SET FOR THE | ||
| SOUTHERNMOST CORNER OF THE HEREIN DESCRIBED TRACT AND SAID 18.4938 | ||
| ACRE TRACT, SAME BEING THE EASTERNMOST CORNER OF THAT CERTAIN | ||
| CALLED 10.0000 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH | ||
| VENDOR'S LIEN TO RANDY A. GAITAN AND KATHY L. GAITAN, FILED AUGUST | ||
| 24, 2001, AND RECORDED IN DOCUMENT NO. 2001062815, O.P.R.W.C.T.; | ||
| THENCE, DEPARTING THE NORTHWESTERLY R.O.W. LINE OF SAID COUNTY ROAD | ||
| 233, AND WITH THE COMMON LINE OF SAID GAITAN 10.0000 ACRE TRACT AND | ||
| SAID 18.4938 ACRE TRACT, THE FOLLOWING FOUR (4) CALLS: | ||
| NORTH 21 DEGREES 01 MINUTES 32 SECONDS WEST, A DISTANCE OF 1,023.71 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT; | ||
| NORTH 21 DEGREES 03 MINUTES 24 SECONDS WEST, A DISTANCE OF 828.76 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT; | ||
| NORTH 21 DEGREES 09 MINUTES 16 SECONDS WEST, A DISTANCE OF 220.11 | ||
| FEET TO A COTTON SPINDLE FOUND FOR AN INTERIOR CORNER OF THE HEREIN | ||
| DESCRIBED TRACT; | ||
| SOUTH 65 DEGREES 52 MINUTES 28 SECONDS WEST, A DISTANCE OF 289.39 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT, SAID POINT MARKING THE WESTERNMOST CORNER OF SAID GAITAN | ||
| 10.0000 ACRE TRACT, SAID POINT ALSO BEING ON THE NORTHEASTERLY LINE | ||
| OF THAT CERTAIN CALLED 33.0000 ACRE TRACT OF LAND DESCRIBED IN A | ||
| WARRANTY DEED WITH VENDOR'S LIEN TO GLYNN WALKER AND WIFE, PAULA | ||
| WALKER, FILED MARCH 20, 2000, AND RECORDED IN DOCUMENT NO. | ||
| 2000016881, O.P.R.W.C.T.; | ||
| THENCE, WITH THE COMMON LINE OF SAID 33.0000 ACRE TRACT AND SAID | ||
| 18.4938 ACRE TRACT, THE FOLLOWING TWO (2) CALLS: | ||
| NORTH 23 DEGREES 30 MINUTES 00 SECONDS WEST, A DISTANCE OF 509.41 | ||
| FEET TO A COTTON SPINDLE FOUND FOR AN INTERIOR CORNER OF THE HEREIN | ||
| DESCRIBED TRACT; | ||
| SOUTH 69 DEGREES 01 MINUTES 16 SECONDS WEST, A DISTANCE OF 519.98 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT, SAID POINT MARKING THE WESTERNMOST CORNER OF SAID 33.0000 | ||
| ACRE TRACT, SAID POINT ALSO BEING ON THE NORTHEASTERLY LINE OF THAT | ||
| CERTAIN CALLED 44.9655 ACRE TRACT OF LAND DESCRIBED IN A CASH | ||
| WARRANTY DEED TO THE JERRY AND KAREN MILLER LIVING TRUST, FILED | ||
| APRIL 6, 2005, AND RECORDED IN DOCUMENT NO. 2005025132, | ||
| O.P.R.W.C.T; | ||
| THENCE, NORTH 23 DEGREES 31 MINUTES 47 SECONDS WEST, WITH THE COMMON | ||
| LINE OF SAID 44.9655 ACRE TRACT AND SAID 18.4938 ACRE TRACT, A | ||
| DISTANCE OF 882.29 FEET TO A 1/2-INCH IRON ROD FOUND FOR AN INTERIOR | ||
| CORNER OF THE HEREIN DESCRIBED TRACT, SAID POINT MARKING THE | ||
| NORTHERNMOST CORNER OF SAID 44.9655 ACRE TRACT, SAME BEING THE | ||
| WESTERNMOST CORNER OF SAID 18.4938 ACRE TRACT, SAID POINT ALSO | ||
| BEING ON A SOUTHEASTERLY LINE OF SAID 438.80 ACRE TRACT; | ||
| THENCE, WITH THE COMMON LINE OF SAID 44.9655 ACRE TRACT AND SAID | ||
| 438.80 ACRE TRACT, THE FOLLOWING TWO (2) CALLS: | ||
| SOUTH 69 DEGREES 08 MINUTES 35 SECONDS WEST, A DISTANCE OF 246.52 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT; | ||
| SOUTH 69 DEGREES 04 MINUTES 36 SECONDS WEST, A DISTANCE OF 875.39 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT, SAID POINT MARKING THE WESTERNMOST CORNER OF SAID 44.9655 | ||
| ACRE TRACT, SAME BEING THE NORTHERNMOST CORNER OF THAT CERTAIN | ||
| CALLED 18.9154 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH | ||
| VENDOR'S LIEN TO MICHAEL D. WILLIAMS AND WIFE, SHAWN M. WILLIAMS, | ||
| FILED AUGUST 1, 2000, AND RECORDED IN DOCUMENT NO. 2000049993, | ||
| O.P.R.W.C.T.; | ||
| THENCE, SOUTH 71 DEGREES 16 MINUTES 39 SECONDS WEST, WITH THE COMMON | ||
| LINE OF SAID 18.9154 ACRE TRACT AND SAID 438.80 ACRE TRACT, A | ||
| DISTANCE OF 39.88 FEET TO A 8-INCH CEDAR POST FOUND FOR CORNER OF | ||
| THE HEREIN DESCRIBED TRACT; | ||
| THENCE, SOUTH 68 DEGREES 06 MINUTES 40 SECONDS WEST, CONTINUING | ||
| WITH A SOUTHEASTERLY LINE OF SAID 438.80 ACRE TRACT, AND PARTWAY | ||
| WITH THE NORTHWESTERLY LINE OF SAID 18.9154 ACRE TRACT AND PARTWAY | ||
| WITH THE NORTHWESTERLY LINE OF THAT CERTAIN CALLED 18.7129 ACRE | ||
| TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH VENDOR'S LIEN TO | ||
| MICHAEL D. WILLIAMS AND SHAWN M. WILLIAMS, FILED OCTOBER 4, 2000, | ||
| AND RECORDED IN DOCUMENT NO. 2000066760, O.P.R.W.C.T., A DISTANCE | ||
| OF 1,399.76 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE | ||
| HEREIN DESCRIBED TRACT; | ||
| THENCE, SOUTH 68 DEGREES 43 MINUTES 29 SECONDS WEST, CONTINUING | ||
| WITH A SOUTHEASTERLY LINE OF SAID 438.80 ACRE TRACT, SAME BEING THE | ||
| NORTHWESTERLY LINE OF SAID 18.7129 ACRE TRACT, A DISTANCE OF 132.54 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR AN INTERIOR CORNER OF THE | ||
| HEREIN DESCRIBED TRACT, SAID POINT MARKING THE MOST WESTERLY | ||
| NORTHWEST CORNER OF SAID 18.7129 ACRE TRACT, SAME BEING THE | ||
| NORTHERNMOST CORNER OF SAID LEGALLEY 10.0000 ACRE TRACT; | ||
| THENCE, DEPARTING A SOUTHEASTERLY LINE OF SAID 438.80 ACRE TRACT, | ||
| AND WITH THE COMMON LINE OF SAID 18.7129 ACRE TRACT AND SAID | ||
| LEGALLEY 10.0000 ACRE TRACT, THE FOLLOWING THREE (3) CALLS: | ||
| SOUTH 19 DEGREES 29 MINUTES 13 SECONDS EAST, A DISTANCE OF 1,063.40 | ||
| FEET TO A P.K. NAIL IN ROCK FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT; | ||
| SOUTH 50 DEGREES 00 MINUTES 37 SECONDS WEST, A DISTANCE OF 472.13 | ||
| FEET TO A COTTON SPINDLE FOUND FOR AN INTERIOR CORNER OF THE HEREIN | ||
| DESCRIBED TRACT; | ||
| SOUTH 26 DEGREES 18 MINUTES 54 SECONDS EAST, A DISTANCE OF 452.27 | ||
| FEET TO A 1/2-INCH IRON ROD WITH "WALLACE CAP" SET FOR CORNER OF THE | ||
| HEREIN DESCRIBED TRACT, SAID POINT MARKING THE MOST SOUTHERLY | ||
| SOUTHWEST CORNER OF SAID 18.7129 ACRE TRACT, SAME BEING THE MOST | ||
| SOUTHERLY SOUTHEAST CORNER OF SAID LEGALLEY 10.0000 ACRE TRACT, | ||
| SAID POINT ALSO BEING ON THE NORTHWESTERLY R.O.W. LINE OF SAID | ||
| COUNTY ROAD 233; | ||
| THENCE, SOUTH 63 DEGREES 37 MINUTES 50 SECONDS WEST, WITH THE COMMON | ||
| LINE OF SAID COUNTY ROAD 233 AND SAID LEGALLEY 10.0000 ACRE TRACT, A | ||
| DISTANCE OF 50.04 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF | ||
| THE HEREIN DESCRIBED TRACT, SAID POINT MARKING THE SOUTHERNMOST | ||
| CORNER OF SAID LEGALLEY 10.0000 ACRE LEGALLEY TRACT, SAME BEING THE | ||
| MOST EASTERLY SOUTHEAST CORNER OF THAT CERTAIN CALLED 25.9920 ACRE | ||
| TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH VENDOR'S LIEN TO | ||
| DARREL W. WARREN AND WIFE, CARA WARREN, FILED MARCH 12, 2004, AND | ||
| RECORDED IN DOCUMENT NO. 2004019080, O.P.R.W.C.T.; | ||
| THENCE, DEPARTING THE NORTHWESTERLY R.O.W. LINE OF SAID COUNTY ROAD | ||
| 233, AND WITH THE COMMON LINE OF SAID LEGALLEY 10.0000 ACRE TRACT | ||
| AND SAID 25.9920 ACRE TRACT, THE FOLLOWING TWO (2) CALLS: | ||
| NORTH 26 DEGREES 18 MINUTES 54 SECONDS WEST, A DISTANCE OF 454.19 | ||
| FEET TO A 1/2-INCH IRON ROD WITH RED PLASTIC CAP STAMPED "B. HARMON | ||
| 4482" FOUND FOR CORNER OF THE HEREIN DESCRIBED TRACT; | ||
| NORTH 07 DEGREES 56 MINUTES 53 SECONDS WEST, A DISTANCE OF 1,250.12 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR AN INTERIOR CORNER OF THE | ||
| HEREIN DESCRIBED TRACT, SAID POINT MARKING THE NORTHWEST CORNER OF | ||
| SAID LEGALLEY 10.0000 ACRE TRACT, SAME BEING THE NORTHERNMOST | ||
| CORNER OF SAID 25.9220 ACRE TRACT, SAID POINT ALSO BEING ON A | ||
| SOUTHEASTERLY LINE OF SAID 438.80 ACRE TRACT; | ||
| THENCE, WITH THE COMMON LINE OF SAID 25.9920 ACRE TRACT AND SAID | ||
| 438.80 ACRE TRACT, THE FOLLOWING TWO (2) CALLS: | ||
| SOUTH 68 DEGREES 46 MINUTES 29 SECONDS WEST, A DISTANCE OF 1,339.70 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT; | ||
| SOUTH 68 DEGREES 13 MINUTES 14 SECONDS WEST, A DISTANCE OF 11.86 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT, SAID POINT MARKING THE WESTERNMOST CORNER OF SAID 25.9920 | ||
| ACRE TRACT, SAME BEING THE NORTHERNMOST CORNER OF THAT CERTAIN | ||
| CALLED 25.42 ACRE TRACT OF LAND DESCRIBED IN A CONTRACT OF SALE AND | ||
| PURCHASE TO JOSEPH JAY CIPRIANO, JR., FILED JANUARY 6, 1977, AND | ||
| RECORDED IN VOLUME 656, PAGE 691, DEED RECORDS OF WILLIAMSON | ||
| COUNTY, TEXAS (D.R.W.C.T.); | ||
| THENCE, WITH THE COMMON LINE OF SAID 25.42 ACRE TRACT AND SAID | ||
| 438.80 ACRE TRACT, THE FOLLOWING THREE (3) CALLS: | ||
| SOUTH 70 DEGREES 38 MINUTES 25 SECONDS WEST, A DISTANCE OF 319.39 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT; | ||
| SOUTH 68 DEGREES 08 MINUTES 59 SECONDS WEST, A DISTANCE OF 205.49 | ||
| FEET TO A 60D NAIL IN BASE OF 16" CEDAR FOUND FOR CORNER OF THE | ||
| HEREIN DESCRIBED TRACT; | ||
| SOUTH 71 DEGREES 14 MINUTES 29 SECONDS WEST, A DISTANCE OF 582.69 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT, SAID POINT MARKING THE WESTERNMOST CORNER OF SAID 25.42 ACRE | ||
| TRACT, SAME BEING THE NORTHERNMOST CORNER OF THAT CERTAIN CALLED | ||
| 20.0 ACRE TRACT OF LAND DESCRIBED IN AN ASSIGNMENT OF CONTRACT OF | ||
| VETERAN'S LAND BOARD CONTRACT OF SALE AND PURCHASE TO THEOFIL LOUIS | ||
| ZUROVETZ AND WIFE ROSE MARIE, FILED JANUARY 13, 1981, AND RECORDED | ||
| IN VOLUME 822, PAGE 456, D.R.W.C.T.; | ||
| THENCE, WITH THE COMMON LINE OF SAID 20.0 ACRE TRACT AND SAID 438.80 | ||
| ACRE TRACT, THE FOLLOWING TWO (2) CALLS: | ||
| SOUTH 69 DEGREES 22 MINUTES 30 SECONDS WEST, A DISTANCE OF 39.01 | ||
| FEET TO A 60D NAIL IN BASE OF 24" LIVE OAK FOUND FOR CORNER OF THE | ||
| HEREIN DESCRIBED TRACT; | ||
| SOUTH 69 DEGREES 13 MINUTES 40 SECONDS WEST, A DISTANCE OF 124.85 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT AND BEING THE MOST SOUTHERLY SOUTHWEST CORNER OF SAID 438.80 | ||
| ACRE TRACT, SAME BEING THE EASTERNMOST CORNER OF THAT CERTAIN | ||
| CALLED 568.52 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH | ||
| VENDOR'S LIEN TO BERNARD E. MILLER AND WIFE, LINDA L. MILLER, FILED | ||
| SEPTEMBER 24, 1997, AND RECORDED IN DOCUMENT NO. 9743775, | ||
| O.P.R.W.C.T.; | ||
| THENCE, WITH THE COMMON LINE OF SAID 568.52 ACRE TRACT AND SAID | ||
| 438.80 ACRE TRACT, THE FOLLOWING FIVE (5) CALLS: | ||
| NORTH 19 DEGREES 31 MINUTES 30 SECONDS WEST, A DISTANCE OF 610.03 | ||
| FEET TO A 60D NAIL FOUND FOR CORNER OF THE HEREIN DESCRIBED TRACT; | ||
| NORTH 21 DEGREES 53 MINUTES 43 SECONDS WEST, A DISTANCE OF 395.88 | ||
| FEET TO A 60D NAIL IN BASE OF 20" LIVE OAK FOUND FOR CORNER OF THE | ||
| HEREIN DESCRIBED TRACT; | ||
| NORTH 22 DEGREES 20 MINUTES 50 SECONDS WEST, A DISTANCE OF 708.15 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT; | ||
| NORTH 21 DEGREES 41 MINUTES 15 SECONDS WEST, A DISTANCE OF 218.81 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT; | ||
| NORTH 20 DEGREES 39 MINUTES 15 SECONDS WEST, A DISTANCE OF 614.32 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT, SAID POINT MARKING THE WESTERNMOST CORNER OF SAID 438.80 | ||
| ACRE TRACT, SAME BEING THE SOUTHERNMOST CORNER OF THAT CERTAIN | ||
| CALLED 122.51 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH | ||
| VENDOR'S LIEN TO BURL W. TYSON AND WIFE, LYNN M. TYSON, FILED JULY | ||
| 25, 1989, AND RECORDED IN VOLUME 1802, PAGE 140, O.P.R.W.C.T.; | ||
| THENCE, WITH THE COMMON LINE OF SAID 122.51 ACRE TRACT AND SAID | ||
| 438.80 ACRE TRACT, THE FOLLOWING TWO (2) CALLS: | ||
| NORTH 69 DEGREES 29 MINUTES 17 SECONDS EAST, A DISTANCE OF 3,428.43 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR AN INTERIOR CORNER OF THE | ||
| HEREIN DESCRIBED TRACT; | ||
| NORTH 21 DEGREES 07 MINUTES 24 SECONDS WEST, A DISTANCE OF 498.39 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT, SAID POINT MARKING THE SOUTHERNMOST CORNER OF THAT CERTAIN | ||
| CALLED 30.00 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH | ||
| VENDOR'S LIEN TO KEVIN J. STEVENS AND SANDRA K. STEVENS, FILED MAY | ||
| 20, 2005, AND RECORDED IN DOCUMENT NO. 2005037908, O.P.R.W.C.T., | ||
| AND FROM WHICH A 1/2-INCH IRON ROD FOUND FOR REFERENCE BEARS SOUTH | ||
| 16 DEGREES 09 MINUTES 58 SECONDS WEST, AT 1.16 FEET; | ||
| THENCE, WITH THE COMMON LINE OF SAID 30.00 ACRE TRACT AND SAID | ||
| 438.80 ACRE TRACT, THE FOLLOWING FOUR (4) CALLS: | ||
| NORTH 49 DEGREES 51 MINUTES 53 SECONDS EAST, A DISTANCE OF 895.21 | ||
| FEET TO A 1/2-INCH IRON ROD IN A FENCE LINE FOUND AND AS CALLED FOR | ||
| IN THE DEED FOR SAID 30.00 ACRE TRACT FOR CORNER OF THE HEREIN | ||
| DESCRIBED TRACT; | ||
| NORTH 49 DEGREES 49 MINUTES 34 SECONDS EAST, A DISTANCE OF 907.69 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR AN INTERIOR CORNER OF THE | ||
| HEREIN DESCRIBED TRACT; | ||
| NORTH 07 DEGREES 06 MINUTES 09 SECONDS EAST, A DISTANCE OF 227.47 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT; | ||
| NORTH 48 DEGREES 47 MINUTES 39 SECONDS EAST, A DISTANCE OF 231.45 | ||
| FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT, SAID POINT MARKING THE EASTERNMOST CORNER OF SAID 30.00 ACRE | ||
| TRACT, SAME BEING THE SOUTHERNMOST CORNER OF SAID 28.24 ACRE TRACT; | ||
| THENCE, WITH THE COMMON LINE OF SAID 28.24 ACRE TRACT AND SAID | ||
| 438.80 ACRE TRACT, THE FOLLOWING TWO (2) CALLS: | ||
| NORTH 48 DEGREES 52 MINUTES 04 SECONDS EAST, A DISTANCE 663.16 FEET | ||
| TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT; | ||
| NORTH 66 DEGREES 51 MINUTES 10 SECONDS EAST, A DISTANCE 603.96 FEET | ||
| TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT, | ||
| DELINEATING AND ENCOMPASSING WITHIN THE METES RECITED 467.379 ACRES | ||
| (20,359,019 SQUARE FEET) OF LAND, MORE OR LESS, BASED ON A SURVEY | ||
| PERFORMED ON THE GROUND BY THE WALLACE GROUP, INC., ROUND ROCK, | ||
| TEXAS IN NOVEMBER AND DECEMBER OF 2006. | ||
| FIELD NOTE DESCRIPTION | ||
| OF A | ||
| 165.300 ACRE TRACT OF LAND | ||
| OUT OF THE JOSEPH TOM SURVEY, ABSTRACT NO. 615, | ||
| SITUATED IN | ||
| WILLIAMSON COUNTY, TEXAS | ||
| BEING A 165.300 ACRE (7,200,477 SQUARE FOOT) TRACT OF LAND OUT OF | ||
| THE JOSEPH TOM SURVEY, ABSTRACT NO. 615, SITUATED IN WILLIAMSON | ||
| COUNTY, TEXAS; SAID 165.300 ACRE TRACT BEING COMPRISED OF ALL OF THE | ||
| CALLED 4.18 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED TO JOE | ||
| M. MAINES AND WIFE, PATSY L. MAINES, FILED MARCH 10, 2000, AND | ||
| RECORDED IN DOCUMENT NO. 2000014838, OFFICIAL PUBLIC RECORDS OF | ||
| WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.) AND ALL OF THE REMAINDER OF | ||
| THAT CERTAIN CALLED 161.526 ACRE TRACT OF LAND (TRACT I) DESCRIBED | ||
| IN A OWELTY DEED TO JOE M. MAINES, FILED SEPTEMBER 23, 1994, AND | ||
| RECORDED IN VOLUME 2610, PAGE 0670, OFFICIAL RECORDS OF WILLIAMSON | ||
| COUNTY, TEXAS (O.R.W.C.T.); SAID 165.300 ACRE TRACT BEING MORE | ||
| PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
| COMMENCING AT A 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED | ||
| "CTS 4029" FOUND ON THE SOUTHWESTERLY RIGHT-OF-WAY (R.O.W.) LINE OF | ||
| F.M. HIGHWAY 487 (A VARIABLE WIDTH R.O.W.), SAID POINT MARKING THE | ||
| NORTHERNMOST CORNER OF THAT CERTAIN CALLED 438.80 ACRE TRACT OF | ||
| LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO DIONYSUS GROUP, | ||
| LL.L.P., FILED MARCH 1, 2007, AND RECORDED IN DOCUMENT NO. | ||
| 2007016454, O.P.R.W.C.T., SAME BEING THE EASTERNMOST CORNER OF THAT | ||
| CERTAIN CALLED 28.24 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED | ||
| WITH VENDOR'S LIEN TO JIMMIE MACK HORTON AND WIFE, NANCY LOUISE | ||
| HORTON, FILED JULY 10, 2002, AND RECORDED IN DOCUMENT NO. | ||
| 2002052147, O.P.R.W.C.T; | ||
| THENCE, SOUTH 68 DEGREES 55 MINUTES 28 SECONDS EAST, WITH THE COMMON | ||
| SOUTHWESTERLY R.O.W. LINE OF SAID F.M. HIGHWAY 487 AND THE | ||
| NORTHEASTERLY LINE OF SAID 438.80 ACRE TRACT, A DISTANCE OF | ||
| 1,198.69 FEET TO A 1/2-INCH IRON ROD FOUND FOR THE POINT OF | ||
| BEGINNING AND MOST NORTHERLY NORTHEAST CORNER OF THE HEREIN | ||
| DESCRIBED TRACT, SAID POINT ALSO MARKING A CORNER OF SAID 161.526 | ||
| ACRE REMAINDER TRACT; | ||
| THENCE, SOUTH 24 DEGREES 57 MINUTES 18 SECONDS WEST, DEPARTING THE | ||
| SOUTHWESTERLY R.O.W. LINE OF SAID F.M. HIGHWAY 487, WITH THE COMMON | ||
| LINE OF SAID 438.80 ACRE TRACT AND SAID 161.526 ACRE REMAINDER | ||
| TRACT, A DISTANCE OF 311.91 FEET TO A 1/2-INCH IRON ROD FOUND FOR A | ||
| CORNER OF THE HEREIN DESCRIBED TRACT AND SAID 161.526 ACRE | ||
| REMAINDER TRACT; | ||
| THENCE, SOUTH 83 DEGREES 14 MINUTES 22 SECONDS WEST, WITH A | ||
| SOUTHERLY LINE OF SAID 438.80 ACRE TRACT, AND PARTWAY WITH A | ||
| NORTHERLY LINE OF SAID 161.526 ACRE REMAINDER TRACT AND PARTWAY | ||
| WITH THE NORTHERLY LINE OF SAID 4.18 ACRE TRACT, AT A DISTANCE OF | ||
| 120.05 FEET PASSING A 1/2-INCH IRON ROD IN A FENCE LINE FOUND AND AS | ||
| CALLED FOR IN THE DEED FOR SAID 4.18 ACRE TRACT, AND AT A DISTANCE OF | ||
| 703.40 FEET PASSING A 1/2-INCH IRON ROD IN A FENCE LINE FOUND AND AS | ||
| CALLED FOR IN THE DEED FOR SAID 4.18 ACRE TRACT, CONTINUING IN ALL A | ||
| TOTAL DISTANCE OF 1,303.99 FEET TO A 1/2-INCH IRON ROD FOUND FOR THE | ||
| NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, SAME MARKING THE | ||
| COMMON WESTERNMOST CORNER OF SAID 4.18 ACRE TRACT AND AN INTERIOR | ||
| CORNER OF SAID 438.80 ACRE TRACT; | ||
| THENCE, SOUTH 22 DEGREES 02 MINUTES 56 SECONDS EAST, WITH A | ||
| NORTHEASTERLY LINE OF SAID 438.80 ACRE TRACT, SAME BEING THE | ||
| SOUTHWESTERLY LINE OF SAID 4.18 ACRE TRACT, A DISTANCE OF 39.82 FEET | ||
| TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED | ||
| TRACT, SAID POINT ALSO MARKING THE COMMON SOUTHWEST CORNER OF SAID | ||
| 4.18 ACRE TRACT AND THE WESTERNMOST CORNER OF SAID 161.526 ACRE | ||
| REMAINDER TRACT; | ||
| THENCE WITH A NORTHEASTERLY LINE OF SAID 438.80 ACRE TRACT, SAME | ||
| BEING THE SOUTHWESTERLY LINE OF SAID 161.526 ACRE REMAINDER TRACT, | ||
| AND WITH THE MAIN ANGLE POINTS OF AN EXISTING FENCE, THE FOLLOWING | ||
| EIGHT (8) CALLS: | ||
| 1) SOUTH 20 DEGREES 15 MINUTES 18 SECONDS EAST, A DISTANCE | ||
| OF 63.07 FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR | ||
| CORNER OF THE HEREIN DESCRIBED TRACT; | ||
| 2) SOUTH 21 DEGREES 55 MINUTES 44 SECONDS EAST, A DISTANCE | ||
| OF 484.71 FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR | ||
| CORNER OF THE HEREIN DESCRIBED TRACT; | ||
| 3) SOUTH 21 DEGREES 44 MINUTES 54 SECONDS EAST, A DISTANCE | ||
| OF 746.20 FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR | ||
| CORNER OF THE HEREIN DESCRIBED TRACT; | ||
| 4) SOUTH 19 DEGREES 38 MINUTES 24 SECONDS EAST, A DISTANCE | ||
| OF 179.20 FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR | ||
| CORNER OF THE HEREIN DESCRIBED TRACT; | ||
| 5) SOUTH 20 DEGREES 37 MINUTES 57 SECONDS EAST, A DISTANCE | ||
| OF 62.31 FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR | ||
| CORNER OF THE HEREIN DESCRIBED TRACT; | ||
| 6) SOUTH 22 DEGREES 58 MINUTES 45 SECONDS EAST, A DISTANCE | ||
| OF 250.25 FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR | ||
| CORNER OF THE HEREIN DESCRIBED TRACT; | ||
| 7) SOUTH 20 DEGREES 28 MINUTES 21 SECONDS EAST, A DISTANCE | ||
| OF 743.23 FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR | ||
| CORNER OF THE HEREIN DESCRIBED TRACT; | ||
| 8) SOUTH 23 DEGREES 27 MINUTES 58 SECONDS EAST, A DISTANCE | ||
| OF 876.50 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN | ||
| DESCRIBED TRACT AND SAID 438.80 ACRE TRACT, SAID POINT MARKING THE | ||
| SOUTHERNMOST CORNER OF SAID 161.526 ACRE REMAINDER TRACT, SAID | ||
| POINT ALSO BEING ON THE NORTHWESTERLY LINE OF THAT CERTAIN CALLED | ||
| 10.009 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED TO LANA D. | ||
| BRANUM, FILED AUGUST 23, 2004, AND RECORDED IN DOCUMENT NO. | ||
| 2004066566, O.P.R.W.C.T.; | ||
| THENCE, NORTH 70 DEGREES 13 MINUTES 59 SECONDS EAST, WITH THE | ||
| SOUTHEASTERLY LINE OF SAID 161.526 ACRE REMAINDER TRACT, SAME BEING | ||
| THE NORTHWESTERLY LINE OF SAID 10.009 ACRE TRACT, AT A DISTANCE OF | ||
| 398.69 FEET PASSING A 1/2-INCH IRON ROD FOUND WHICH BEARS SOUTH 19 | ||
| DEGREES 46 MINUTES 01 SECONDS EAST, AT 0.22 FEET, SAID POINT MARKING | ||
| THE NORTHERNMOST CORNER OF SAID 10.009 ACRE TRACT, CONTINUING WITH | ||
| THE SOUTHEASTERLY LINE OF SAID 161.526 ACRE REMAINDER TRACT, IN ALL | ||
| A TOTAL DISTANCE OF 466.05 FEET TO A 60D NAIL IN 16" LIVE OAK FOUND | ||
| FOR CORNER OF SAID 161.526 ACRE REMAINDER TRACT AND THE HEREIN | ||
| DESCRIBED TRACT, SAME MARKING AN ANGLE POINT ALONG THE | ||
| NORTHWESTERLY LINE OF THAT CERTAIN CALLED 94.6241 ACRE TRACT OF | ||
| LAND DESCRIBED INA WARRANTY DEED WITH VENDOR'S LIEN TO DON R. | ||
| HEWLETT AND WIFE, DONNA HEWLETT, FILED JUNE 19, 2000, AND RECORDED | ||
| IN DOCUMENT NO. 200039184, O.P.R.W.C.T. | ||
| THENCE, CONTINUING WITH THE SOUTHEASTERLY LINE OF SAID 161.526 ACRE | ||
| REMAINDER TRACT, SAME BEING THE NORTHWESTERLY LINE OF SAID 94.6241 | ||
| ACRE TRACT, THE FOLLOWING TWO (2) CALLS: | ||
| 1) NORTH 69 DEGREES 31 MINUTES 53 SECONDS EAST, A DISTANCE | ||
| OF 544.39 FEET TO A 60D NAIL IN WOOD FENCE POST FOUND FOR CORNER OF | ||
| THE HEREIN DESCRIBED TRACT; | ||
| 2) NORTH 69 DEGREES 29 MINUTES 10 SECONDS EAST, A DISTANCE | ||
| OF 591.07 FEET TO A 60D NAIL IN WOOD FENCE POST FOUND FOR CORNER OF | ||
| THE HEREIN DESCRIBED TRACT, SAID POINT MARKING THE COMMON | ||
| NORTHERNMOST CORNER OF SAID 94.6241 ACRE TRACT AND THE WESTERNMOST | ||
| CORNER OF THAT CERTAIN CALLED FIRST TRACT DESCRIBED IN A DEED TO | ||
| MERCER H. SATTERFIELD, ET UX., FILED SEPTEMBER 9, 1963, AND | ||
| RECORDED IN VOLUME 462, PAGE 420, DEED RECORDS OF WILLIAMSON | ||
| COUNTY, TEXAS (D.R.W.C.T.); | ||
| THENCE, NORTH 67 DEGREES 45 MINUTES 44 SECONDS EAST, CONTINUING | ||
| WITH THE SOUTHEASTERLY LINE OF SAID 161.526 ACRE REMAINDER TRACT, | ||
| SAME BEING THE NORTHWESTERLY LINE OF SAID FIRST TRACT, A DISTANCE OF | ||
| 644.25 FEET TO 1/2-INCH IRON ROD FOUND FOR THE EASTERNMOST CORNER OF | ||
| SAID 161.526 ACRE REMAINDER TRACT AND THE HEREIN DESCRIBED TRACT, | ||
| SAID POINT ALSO MARKING THE SOUTHEASTERLY LINE OF SAID 161.526 ACRE | ||
| REMAINDER TRACT, SAME BEING THE NORTHWESTERLY LINE OF SAID FIRST | ||
| TRACT, A DISTANCE OF 644.25 FEET TO A 1/2-INCH IRON ROD FOUND FOR | ||
| THE EASTERNMOST CORNER OF SAID 161.526 ACRE REMAINDER TRACT AND THE | ||
| HEREIN DESCRIBED TRACT, SAID POINT ALSO MARKING THE SOUTHERNMOST | ||
| CORNER OF THAT CERTAIN CALLED 92.83 ACRE TRACT (TRACT 5) DESCRIBED | ||
| IN A WARRANTY DEED TO DECATA W. ISBELL AND HUSBAND, ALAN D. ISBELL, | ||
| FILED MARCH 3, 2000, AND RECORDED IN DOCUMENT NO. 2000013063, | ||
| O.P.R.W.C.T.; | ||
| THENCE, WITH THE NORTHEASTERLY LINE OF SAID 161.526 ACRE REMAINDER | ||
| TRACT, SAME BEING THE SOUTHWESTERLY LINE OF SAID 92.83 TRACT, THE | ||
| FOLLOWING SEVEN (7) CALLS: | ||
| 1) NORTH 21 DEGREES 00 MINUTES 26 SECONDS WEST, A DISTANCE | ||
| OF 470.24 FEET TO AN ORANGE PLASTIC CAP STAMPED "WALLACE GROUP" | ||
| (HEREAFTER REFERRED TO AS CORNER OF THE HEREIN DESCRIBED TRACT; | ||
| 2) NORTH 21 DEGREES 39 MINUTES 37 SECONDS WEST, A DISTANCE | ||
| OF 297.53 FEET TO A 1/2-INCH IRON ROD WITH "WALLACE CAP" SET FOR | ||
| CORNER OF THE HEREIN DESCRIBED TRACT; | ||
| 3) NORTH 22 DEGREES 49 MINUTES 37 SECONDS WEST, A DISTANCE | ||
| OF 483.35 FEET TO A 1/2-INCH IRON ROD WITH "WALLACE CAP" SET FOR | ||
| CORNER OF THE HEREIN DESCRIBED TRACT; | ||
| 4) NORTH 21 DEGREES 17 MINUTES 47 SECONDS WEST, A DISTANCE | ||
| OF 366.39 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN | ||
| DESCRIBED TRACT; | ||
| 5) NORTH 22 DEGREES 47 MINUTES 25 SECONDS WEST, A DISTANCE | ||
| OF 643.57 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN | ||
| DESCRIBED TRACT; | ||
| 6) NORTH 21 DEGREES 06 MINUTES 43 SECONDS WEST, A DISTANCE | ||
| OF 320.51 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN | ||
| DESCRIBED TRACT; | ||
| 7) NORTH 26 DEGREES 04 MINUTES 43 SECONDS WEST, A DISTANCE | ||
| OF 77.16 FEET TO A 1/2-INCH IRON ROD WITH "WALLACE CAP" SET FOR | ||
| CORNER OF THE HEREIN DESCRIBED TRACT, SAID POINT MARKING THE COMMON | ||
| EASTERNMOST CORNER OF SAID 161.526 ACRE REMAINDER TRACT AND THE | ||
| NORTHERNMOST CORNER OF SAID 92.83 ACRE TRACT, SAID POINT ALSO BEING | ||
| ON THE SOUTHWESTERLY R.O.W. LINE OF SAID F.M. HIGHWAY 487, AND FROM | ||
| WHICH A TXDOT TYPE I RIGHT-OF-WAY MONUMENT FOUND MARKING AN ANGLE | ||
| POINT ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE BEARS SOUTH 69 | ||
| DEGREES 51 MINUTES 26 SECONDS EAST, AT 10.26 FEET; | ||
| THENCE, NORTH 68 DEGREES 52 MINUTES 31 SECONDS WEST, WITH THE COMMON | ||
| SOUTHWESTERLY R.O.W. LINE OF SAID F.M. HIGHWAY 487 AND MOST | ||
| NORTHERLY NORTHEAST LINE OF SAID 161.526 ACRE REMAINDER TRACT, A | ||
| DISTANCE OF 1,026.51 FEET TO THE POINT OF BEGINNING OF THE HEREIN | ||
| DESCRIBED TRACT, DELINEATING AND ENCOMPASSING WITHIN THE METES | ||
| RECITED 165.300 ACRES (7,200,477 SQUARE FEET) OF LAND, MORE OR | ||
| LESS, BASED ON A FIELD SURVEY PERFORMED BY THE WALLACE GROUP, INC., | ||
| ROUND ROCK, TEXAS IN MAY OF 2007. | ||
| SECTION 3. (a) The legal notice of the intention to | ||
| introduce this Act, setting forth the general substance of this | ||
| Act, has been published as provided by law, and the notice and a | ||
| copy of this Act have been furnished to all persons, agencies, | ||
| officials, or entities to which they are required to be furnished | ||
| under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
| Government Code. | ||
| (b) The governor, one of the required recipients, has | ||
| submitted the notice and Act to the Texas Commission on | ||
| Environmental Quality. | ||
| (c) The Texas Commission on Environmental Quality has filed | ||
| its recommendations relating to this Act with the governor, | ||
| lieutenant governor, and speaker of the house of representatives | ||
| within the required time. | ||
| (d) All requirements of the constitution and laws of this | ||
| state and the rules and procedures of the legislature with respect | ||
| to the notice, introduction, and passage of this Act have been | ||
| fulfilled and accomplished. | ||
| SECTION 4. This Act takes effect September 1, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 4155 was passed by the House on May 8, | ||
| 2015, by the following vote: Yeas 140, Nays 2, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 4155 on May 29, 2015, by the following vote: Yeas 146, Nays 0, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 4155 was passed by the Senate, with | ||
| amendments, on May 27, 2015, by the following vote: Yeas 30, Nays | ||
| 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
