Bill Text: TX SB1867 | 2013-2014 | 83rd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Cascades Municipal Utility District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2013-06-14 - Effective immediately [SB1867 Detail]
Download: Texas-2013-SB1867-Engrossed.html
Bill Title: Relating to the creation of the Cascades Municipal Utility District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2013-06-14 - Effective immediately [SB1867 Detail]
Download: Texas-2013-SB1867-Engrossed.html
By: Campbell | S.B. No. 1867 |
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relating to the creation of the Cascades Municipal Utility 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 F, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 8477 to read as follows: | ||
CHAPTER 8477. CASCADES MUNICIPAL UTILITY DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8477.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Cascades Municipal Utility | ||
District No. 1. | ||
Sec. 8477.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8477.003. CONFIRMATION AND DIRECTORS' ELECTION | ||
REQUIRED. The temporary directors shall hold an election to | ||
confirm the creation of the district and to elect permanent | ||
directors as provided by Section 49.102, Water Code, and this | ||
chapter. | ||
Sec. 8477.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The | ||
temporary directors may not hold an election under Section 8477.003 | ||
until each municipality in whose corporate limits or | ||
extraterritorial jurisdiction the district is located has | ||
consented by ordinance or resolution to the creation of the | ||
district and to the inclusion of land in the district. | ||
(b) If a municipality in whose extraterritorial | ||
jurisdiction the district is located does not consent to the | ||
creation of the district or if the district does not enter into an | ||
agreement required by the terms of the municipal ordinance or | ||
resolution consenting to the creation of the district under this | ||
section before September 1, 2014: | ||
(1) the district is dissolved September 1, 2014, | ||
except that: | ||
(A) any debts incurred shall be paid; | ||
(B) any assets that remain after the payment of | ||
debts shall be transferred to the municipality or another local | ||
governmental entity to be used for a public purpose; and | ||
(C) the organization of the district shall be | ||
maintained until all debts are paid and remaining assets are | ||
transferred; and | ||
(2) this chapter expires September 1, 2014. | ||
Sec. 8477.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
(a) The district is created to serve a public purpose and benefit. | ||
(b) The district is created to accomplish the purposes of: | ||
(1) a municipal utility district as provided by | ||
general law and Section 59, Article XVI, Texas Constitution; and | ||
(2) Section 52, Article III, Texas Constitution, that | ||
relate to the construction, acquisition, improvement, operation, | ||
or maintenance of macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 8477.006. 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 made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; | ||
(3) right to impose a tax; or | ||
(4) legality or operation. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8477.051. GOVERNING BODY; TERMS. (a) Except as | ||
provided by Subsection (b), the district is governed by a board of | ||
elected directors qualified to serve under Section 54.102, Water | ||
Code. | ||
(b) If required under the terms of the agreement, ordinance, | ||
or resolution by which a municipality consents to the creation of | ||
the district, the board consists of: | ||
(1) four elected directors qualified to serve under | ||
Section 54.102, Water Code; and | ||
(2) one director appointed by the governing body of | ||
the municipality who: | ||
(A) may be a member or other officer of the | ||
governing body or an employee of the municipality; and | ||
(B) is not required to be a qualified voter of the | ||
district or own land subject to taxation in the district. | ||
(c) The common law doctrine of incompatibility does not | ||
disqualify a member or other officer of the governing body or | ||
employee of the municipality from being appointed a director by the | ||
governing body of a municipality under Subsection (b)(2), and a | ||
director appointed to the board may continue to serve in a public | ||
office of or be employed by the municipality. | ||
(d) Except as provided by Section 8477.052, directors serve | ||
staggered four-year terms. A permanent director may not serve more | ||
than two four-year terms. | ||
Sec. 8477.052. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) John R. C. Munn; | ||
(2) George Roman; | ||
(3) Allen Gallia; | ||
(4) Donna Morgan; and | ||
(5) Charlotte Vick. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8477.003; 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 8477.003 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 8477.003; 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. 8477.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8477.102. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES. The district has the powers and duties provided by the | ||
general law of this state, including Chapters 49 and 54, Water Code, | ||
applicable to municipal utility districts created under Section 59, | ||
Article XVI, Texas Constitution. | ||
Sec. 8477.103. AUTHORITY FOR ROAD PROJECTS. (a) Under | ||
Section 52, Article III, Texas Constitution, the district may | ||
design, acquire, construct, finance, issue bonds for, improve, and | ||
convey to this state, a county, or a municipality for operation and | ||
maintenance macadamized, graveled, or paved roads described by | ||
Section 54.234, Water Code, or improvements, including storm | ||
drainage, in aid of those roads. | ||
(b) The district may exercise the powers provided by this | ||
section without submitting a petition to or obtaining approval from | ||
the commission as required by Section 54.234, Water Code. | ||
Sec. 8477.104. APPROVAL OF ROAD PROJECT. (a) The district | ||
may not undertake a road project authorized by Section 8477.103 | ||
unless: | ||
(1) each municipality or county that will operate and | ||
maintain the road has approved the plans and specifications of the | ||
road project, if a municipality or county will operate and maintain | ||
the road; or | ||
(2) the Texas Transportation Commission has approved | ||
the plans and specifications of the road project, if the state will | ||
operate and maintain the road. | ||
(b) Except as provided by Subsection (a), the district is | ||
not required to obtain approval from the Texas Transportation | ||
Commission to design, acquire, construct, finance, issue bonds for, | ||
improve, or convey a road project. | ||
Sec. 8477.105. COMPLIANCE WITH AND ENFORCEABILITY OF | ||
MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. (a) The district shall | ||
comply with all applicable requirements of any ordinance or | ||
resolution that is adopted under Section 54.016 or 54.0165, Water | ||
Code, and that consents to the creation of the district or to the | ||
inclusion of land in the district. | ||
(b) Any agreement between the district and a municipality | ||
related to the municipality's consent to the creation of the | ||
district is valid and enforceable. | ||
(c) On the issuance of bonds by the district, the district | ||
is considered to have waived sovereign immunity to suit by a | ||
municipality for the purpose of adjudicating a claim for breach of | ||
an agreement described by this section. | ||
(d) The district and a municipality may contract on terms | ||
that the board and governing body of the municipality agree will | ||
further regional cooperation between the district and the | ||
municipality. | ||
Sec. 8477.106. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8477.151. ELECTIONS REGARDING TAXES OR BONDS. | ||
(a) The district may issue, without an election, bonds and other | ||
obligations secured by: | ||
(1) revenue other than ad valorem taxes; or | ||
(2) contract payments described by Section 8477.153. | ||
(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. 8477.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8477.151, 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) If required by an agreement between the district and a | ||
municipality under Section 8477.105, the total ad valorem tax rate | ||
of the district may not be less than the total ad valorem tax rate of | ||
the municipality. | ||
Sec. 8477.153. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
Sec. 8477.201. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. The district may issue bonds or other obligations | ||
payable wholly or partly from ad valorem taxes, impact fees, | ||
revenue, contract payments, grants, or other district money, or any | ||
combination of those sources, to pay for any authorized district | ||
purpose. | ||
Sec. 8477.202. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes, the | ||
board shall provide for the annual imposition of a continuing | ||
direct ad valorem tax, without limit as to rate or amount, while all | ||
or part of the bonds are outstanding as required and in the manner | ||
provided by Sections 54.601 and 54.602, Water Code. | ||
Sec. 8477.203. BONDS FOR ROAD PROJECTS. At the time of | ||
issuance, the total principal amount of bonds or other obligations | ||
issued or incurred to finance road projects and payable from ad | ||
valorem taxes may not exceed one-fourth of the assessed value of the | ||
real property in the district. | ||
SUBCHAPTER F. STRATEGIC PARTNERSHIP AGREEMENT; MUNICIPAL | ||
ANNEXATION AND NOTICE | ||
Sec. 8477.301. STRATEGIC PARTNERSHIP; CONTINUATION OF | ||
DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may | ||
continue to exist as a limited district after full-purpose | ||
annexation by a municipality if the district and the annexing | ||
municipality state the terms of the limited district's existence in | ||
a strategic partnership agreement under Section 43.0751, Local | ||
Government Code. | ||
(b) The strategic partnership agreement may provide for a | ||
term of any number of years. The limitation in Section | ||
43.0751(g)(2), Local Government Code, on the length of the term | ||
does not apply to a limited district created under this section. | ||
Sec. 8477.302. MUNICIPAL ANNEXATION; NOTICE. | ||
(a) Sections 43.0561 and 43.0562, Local Government Code, do not | ||
apply to the annexation of the district by a municipality that | ||
consents to the creation of the district under Section 8477.004. | ||
(b) Not later than the 30th day after the date a | ||
municipality adopts a resolution or ordinance consenting to the | ||
creation of the district, the municipality shall file, in the real | ||
property records of the county in which the land to be included in | ||
the district is located, a notice to purchasers of real property in | ||
the district that describes: | ||
(1) the municipality's authority and intention to | ||
annex the district; and | ||
(2) the anticipated date of the annexation. | ||
(c) After the notice is filed, a person who proposes to sell | ||
or otherwise convey real property in the district must include the | ||
information contained in the municipality's notice in the Notice to | ||
Purchasers required by Section 49.452, Water Code. | ||
SECTION 2. The Cascades Municipal Utility District No. 1 | ||
initially includes all the territory contained in the following | ||
area: | ||
135.796 ACRES, OUT OF THE SANTIAGO DEL VALLE GRANT IN TRAVIS COUNTY, | ||
TEXAS BEING ALL OF THAT 223.68 ACRES OUT OF THE SANTIAGO DEL VALLE | ||
GRANT IN TRAVIS COUNTY, TEXAS AND BEING ALL OF A CALLED 117.188 ACRE | ||
TRACT, ALL OF A CALLED 2.273 ACRE TRACT, ALL OF A CALLED 87.884 ACRE | ||
TRACT, ALL A OF CALLED 8.17 ACRE TRACT ALL DESCRIBED IN CORRECTION | ||
JOINT PARTNERSHIP CONTRIBUTION GENERAL WARRANTY DEED TO ONION | ||
ASSOCIATES, LTD RECORDED IN DOCUMENT NO. 2006236625, ALL OF A | ||
CALLED 1.9965 ACRE TRACT DESCRIBED IN DOC. NO. 2006146663 ALL OF THE | ||
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) AND | ||
6.038 ACRE TRACT OUT OF LOT 1, ST. ALBIN'S ADDITION A SUBDIVISION OF | ||
RECORD IN CABINET 86, SLIDE 88C OF THE PLAT RECORD OF TRAVIS COUNTY; | ||
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS | ||
FOLLOWS: | ||
BEGINNING at a 1/2" iron rod with cap marked "LANDESIGN" set in the | ||
existing east right-of-way line of Interstate Highway 35 (IH 35) | ||
(400' right-of-way width), in the west line of said Lot 1 and in the | ||
east line of a called 14.771 acre tract described in deed to the | ||
State of Texas for right-of-way recorded in Volume 1608, Page 170 of | ||
the D.R.T.C.T.; | ||
THENCE North 17°32'12" East 1714.84 feet with the west line of said | ||
Lot 1, the west line of said 1.9965 acres and the east line of said | ||
87.884 acres and the existing east right-of-way line of IH 35 to a | ||
calculated point in the center of Onion Creek at the northwest | ||
corner of the 87.884 acres and the southwest corner of Lot A, Onion | ||
Creek Section 1-B, a subdivision of record in Book 79, Page 313 of | ||
the Plat Records of Travis County, Texas; | ||
THENCE South 75°57'21" East 450.62 feet with the centerline of Onion | ||
Creek, the north line of the 87.884 acres, the south line of said | ||
Lot A, and the south line of Lot B, Onion Creek Section 1-C, a | ||
subdivision of record in Book 79, Page 311 of the Plat Records of | ||
Travis County, Texas to a calculated point; | ||
THENCE South 77°12'21" East 334.57 feet with the centerline of Onion | ||
Creek, the north line of the 87.884 acres, the south line of said | ||
Lot B, the south line of Lot C, Onion Creek Section 1-D, a | ||
subdivision of record in Book 79, Page 309 of the Plat Records of | ||
Travis County, Texas, and the south line of a remainder of a called | ||
960 acre tract described in deed to Onion Creek Development Company | ||
recorded in Volume 9111, Page 262 of the D.R.T.C.T. to a calculated | ||
point; | ||
THENCE with the centerline of Onion Creek, the north line of the | ||
87.884 acres, and the south line of said remainder of 960 acres the | ||
following eight (8) courses: | ||
1. South 59°56'55" East 220.25 feet to a calculated point; | ||
2. South 75°15'28" East 402.24 feet to a calculated point; | ||
3. South 79°40'28" East 357.17 feet to a calculated point; | ||
4. South 42°47'28" East 114.70 feet to a calculated point; | ||
5. South 60°30'58" East 308.12 feet to a calculated point; | ||
6. South 03°38'28" East 131.00 feet to a calculated point; | ||
7. South 27°58'28" East 206.00 feet to a calculated point; | ||
8. South 56°44'22" East 249.40 feet to a calculated point at | ||
the northeast corner of the 87.884 acres and the northwest corner of | ||
said 117.188 acres; | ||
THENCE with the centerline of Onion Creek, the north line of the | ||
117.188 acres, and the south line of said remainder of 960 acres the | ||
following four (4) courses: | ||
1. South 61°45'03" East 450.70 feet to a calculated point; | ||
2. South 53°04'03" East 251.84 feet to a calculated point; | ||
3. South 45°15'03" East 186.54 feet to a calculated point; | ||
4. South 65°01'55 East 50.33 feet to a calculated point at | ||
the northeast corner of the 117.188 acres and the northwest corner | ||
of a called 64 acre tract described as First Tract in deed to | ||
Richard D. Spillman recorded in Volume 6287, Page 218 of the | ||
D.R.T.C.T.; | ||
THENCE South 27°48'54" West, passing a capped iron rod stamped "RPLS | ||
4091" at 58.94 feet and continuing a total distance of 838.63 feet | ||
with the east line of the 117.188 acres and the west line of the 64 | ||
acres to a to a 1/2" iron rod found; | ||
THENCE South 27°33'39" West 498.18 feet continuing with the east | ||
line of the 117.188 acres and the west line of the 64 acres to a 7/8" | ||
iron rod found at the southwest corner of the 64 acres; | ||
THENCE South 74°32'31" East 1128.82 feet with the north line of the | ||
117.188 acres and the south line of the 64 acres to a 5/8" iron rod | ||
found at the northwest corner of a called 24.60 acre tract described | ||
in said deed to Richard D. Spillman recorded in Volume 6287, Page | ||
218 of the D.R.T.C.T.; | ||
THENCE South 27°34'11" West 2048.99 feet with the east line of the | ||
117.188 acres and the west line of the 24.60 acres to a 1/2" iron rod | ||
found at the southeast corner of the 117.188 acres, the southwest | ||
corner of the 24.60 acres, and in the north line of a called 30 acre | ||
tract described as part of the Fifth Tract in said deed to Richard | ||
D. Spillman recorded in Volume 6287, Page 218 of the D.R.T.C.T.; | ||
THENCE North 62°29'14" West 1103.84 feet with the south line of the | ||
117.188 acres and the north line of the 30 acres to a 1/2" iron rod | ||
found at the northwest corner of the 30 acres and the northeast | ||
corner of a called 30.5 acre tract described as part of the Fifth | ||
Tract in said deed to Richard D. Spillman recorded in Volume 6287, | ||
Page 218 of the D.R.T.C.T.; | ||
THENCE North 65°21'21" West 458.13 feet with the south line of the | ||
117.188 acres and the north line of the 30.5 acres to a 1/2" iron rod | ||
found; | ||
THENCE North 65°40'34" West 449.66 feet continuing with the south | ||
line of the 117.188 acres and the north line of the 30.5 acres to a | ||
1/2" iron rod with cap stamped "LANDESIGN" found at the southwest | ||
corner of the 117.188 acres and the southeast corner of a called 27 | ||
acre tract described as part of the Fifth Tract in said deed to | ||
Richard D. Spillman recorded in Volume 6287, Page 218 of the | ||
D.R.T.C.T.; | ||
THENCE North 27°19'41" East 1665.86 feet with the west line of the | ||
117.188 acres and the east line of the 27 acres to a 60-d found in a | ||
hackberry tree; | ||
THENCE North 27°22'02" East 188.61 feet with the west line of the | ||
117.188 acres and the east line of the 27 acres to a 1/2" iron rod | ||
found; | ||
THENCE North 25°45'46" East 233.22 feet continuing with the west | ||
line of the 117.188 acres and the east line of the 27 acres to a 1/2" | ||
iron rod found at the southwest corner of the 87.884 acres and the | ||
northeast corner of a the 27 acres; | ||
THENCE North 74°02'03" West 712.31 feet with the south line of the | ||
87.884 acres and the north line of the 27 acres to a 1/2" iron rod | ||
with cap stamped "LANDESIGN" set; | ||
THENCE North 73°53'51" West 10.10 feet with the south line of the | ||
87.884 acres and the north line of the 27 acres to a 1/2" iron rod | ||
with cap stamped "LANDESIGN" set at the northwest corner of the 27 | ||
acres and the northeast corner of the said 2.273 acres; | ||
THENCE with the east line of the 2.273 acres and the west line of the | ||
27 acres the following three (3) courses: | ||
1. South 41°45'45" West 8.27 feet to a 1/2" iron rod with cap | ||
marked "LANDESIGN" set; | ||
2. South 81°26'45" West 95.67 feet to a 1/2" iron rod with | ||
cap marked "LANDESIGN" set; | ||
3. South 02°46'45" West 125.27 feet to a 1/2" iron rod found | ||
at the southeast corner of the 2.273 acres and the northeast corner | ||
of a called 8.17 acre tract described in deed to Onion Associates, | ||
LTD recorded in Document No. 2006236625 of the O.P.R.T.C.T.; | ||
THENCE with the east line of said 8.17 acre tract, the west line of | ||
said 27 acres and with the center of ravine the following seven (7) | ||
courses: | ||
1. South 02°45'21" West a distance of 183.65 feet to a 1/2 | ||
inch iron rebar with cap marked "LANDESIGN" set; | ||
2. South 30°23'21" West a distance of 196.83 feet to a 1/2 | ||
inch iron rebar with cap marked "LANDESIGN" set; | ||
3. South 54°24'14" West a distance of 69.90 feet to a 1/2 | ||
inch iron rebar with cap marked "LANDESIGN" set; | ||
4. South 19°24'02 West a distance of 23.32 feet to a 1/2 inch | ||
iron rebar with cap marked "LANDESIGN" set; | ||
5. South 38°57'02" East a distance of 47.93 feet to a 1/2 | ||
inch iron rebar with cap marked "LANDESIGN" set; | ||
6. South 16°41'39" West a distance of 57.49 feet to a 1/2 | ||
inch iron rebar with cap marked "LANDESIGN" set; | ||
7. South 35°10'00" West a distance of 61.07 feet to a 1/2 | ||
inch iron rebar found for the southeast corner of said 8.17 acre | ||
tract and the northeast corner of a called 58.3885 acre tract | ||
described as Tract 1 conveyed to South IH 35 Investors, LP. of | ||
record in Document No. 2006214573 of the Official Public Records of | ||
Travis County Texas; | ||
THENCE North 66°56'45" West with the south line of said 8.17 acre | ||
tract and the north line of said Tract 1 passing the southeast | ||
corner of said Tract 1 and the southwest corner of said Lot 1 at | ||
580.62 feet a continuing a total distance of 866.80 feet to a 1/2" | ||
iron rod with cap marked "LANDESIGN" set; | ||
THENCE crossing through said Lot 1 the following two (2) courses: | ||
1. North 17°51'38" East a distance of 576.13 feet to a 1/2" | ||
iron rod with cap marked "LANDESIGN" set; | ||
2. North 73°51'44" West a distance of 725.16 feet to the | ||
POINT OF BEGINNING. | ||
SAVE LESS AND EXCEPT THE 87.884 ACRE TRACT OR PARCEL THEREOF | ||
DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
BEGINNING at a 1/2" iron pin found at the Southeast corner of said | ||
26.00 acre tract, being in the West line of that certain 117.20 acre | ||
tract of land described in Volume 12150, Page 1255 of the Real | ||
Property Records of Travis County, Texas, for the Southeast corner | ||
and PLACE OF BEGINNING hereof; | ||
THENCE along the South line of said 26.00 acre tract, N 71°11'45" W | ||
for a distance of 712.31 feet to a 1/2 inch capped iron pin set at | ||
the Northeast corner of that certain 2.2272 acre tract of land | ||
described in Volume 9261, Page 714 of the Real Property Records of | ||
Travis County, Texas; | ||
THENCE along the North line of said 2.2272 acre tract, N 71°03'33" W | ||
for a distance of 173.66 feet to a 1/2 inch iron pin found and N | ||
67°01'32" W for a distance of 678.95 feet to a 1/2 inch iron pin | ||
found at the Northwest corner of said 2.2272 acre tract, being in | ||
the South line of said 63.45 acre tract; | ||
THENCE along the South line of said 63.45 acre tract, N 33°32'38" W | ||
for a distance of 145.29 feet to a 1/2 inch iron pin found at N | ||
71°03'16" W for a distance of 698.93 feet to a 1/2 inch capped iron | ||
pin set at the Southwest corner of said 63.45 acre tract, being on | ||
the East r.o.w line of Interstate Hwy. No. 35, for the Southwest | ||
corner hereof; | ||
THENCE along the West line of said 63.45 acre tract, being along the | ||
East r.o.w. line of Interstate Hwy. No. 35, N 20°25'54" E for a | ||
distance of 1499.77 to an "X" found cut in rock in the approximate | ||
centerline of Onion Creek, being at the Northwest corner of said | ||
63.45 acre tract, being at the Southwest corner of Onion Creek | ||
Section 1-B, a subdivision recorded in Plat Book 79, Page 313 of the | ||
Plat Records of Travis County, Texas, for the Northwest corner | ||
hereof; | ||
THENCE along the North lines of said 63.45 acre tract and 26.00 acre | ||
tract, being along the approximate centerline of Onion Creek for | ||
the following courses: | ||
1. S 73°04'00" E for a distance of 450.65 feet to an angle | ||
point | ||
2. S 74°19'00" E for a distance of 334.57 feet to an angle | ||
point | ||
3. S 57°11'00" E for a distance of 216.95 feet to an angle | ||
point | ||
4. S 72°26'00" E for a distance of 402.24 feet to an angle | ||
point | ||
5. S 76°51'00" E for a distance of 357.17 feet to an angle | ||
point | ||
6. S 39°52'00" E for a distance of 114.70 feet to an angle | ||
point | ||
7. S 57°41'30" E for a distance of 308.12 feet to an angle | ||
point | ||
8. S 00°49'00" E for a distance of 131.00 feet to an angle | ||
point | ||
9. S 25°09'00" E for a distance of 206.00 feet to an angle | ||
point | ||
10. S 53°57'45" E for a distance of 249.20 feet to the | ||
Northeast corner of said 26.00 acre tract, being at the Northwest | ||
corner of said 117.20 acre tract, for the Northeast corner hereof; | ||
THENCE along the East line of said 26.00 acre tract, being along the | ||
West line of said 117.20 acre tract for the following courses: | ||
1. S 35°25'22" W for a distance of 55.37 feet to a 1/2 inch | ||
iron pin found | ||
2. S 29°42'53" W for a distance of 874.40 feet to a 1/2 inch | ||
iron pin found | ||
3. S 30°58'12" W for a distance of 281.26 feet to the PLACE OF | ||
BEGINNING and containing 87.884 acres of land, more or less. | ||
SECTION 3. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act are fulfilled | ||
and accomplished. | ||
SECTION 4. 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, 2013. |