Bill Text: TX SB1872 | 2013-2014 | 83rd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of Onion Creek Metro Park District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB1872 Detail]
Download: Texas-2013-SB1872-Engrossed.html
Bill Title: Relating to the creation of Onion Creek Metro Park District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB1872 Detail]
Download: Texas-2013-SB1872-Engrossed.html
By: Zaffirini, Watson | S.B. No. 1872 |
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relating to the creation of Onion Creek Metro Park District; | |||||
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 3924 to read as follows: | |||||
CHAPTER 3924. ONION CREEK METRO PARK DISTRICT | |||||
SUBCHAPTER A. GENERAL PROVISIONS | |||||
Sec. 3924.001. DEFINITIONS. In this chapter: | |||||
(1) "Board" means the district's board of directors. | |||||
(2) "City" means the City of Austin. | |||||
(3) "County" means Travis County. | |||||
(4) "Director" means a board member. | |||||
(5) "District" means the Onion Creek Metro Park | |||||
District. | |||||
Sec. 3924.002. NATURE OF DISTRICT. The Onion Creek Metro | |||||
Park District is a special district created under Section 59, | |||||
Article XVI, Texas Constitution. | |||||
Sec. 3924.003. PURPOSE; DECLARATION OF INTENT. (a) The | |||||
creation of the district is essential to accomplish the purposes of | |||||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | |||||
Texas Constitution, and other public purposes stated in this | |||||
chapter. By creating the district and in authorizing the city, the | |||||
county, and other political subdivisions to contract with the | |||||
district, the legislature has established a program to accomplish | |||||
the public purposes set out in Section 52-a, Article III, Texas | |||||
Constitution. | |||||
(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 in the district. | |||||
(c) This chapter and the creation of the district may not be | |||||
interpreted to relieve the city or the county from providing the | |||||
level of services provided as of the effective date of the Act | |||||
enacting this chapter. The district is created to supplement and | |||||
not to supplant city or county services provided in the district. | |||||
Sec. 3924.004. CONFIRMATION ELECTION REQUIRED. The initial | |||||
directors shall hold an election to confirm the creation of the | |||||
district as provided by Section 49.102, Water Code. | |||||
Sec. 3924.005. CONSENT OF MUNICIPALITY REQUIRED. (a) The | |||||
initial directors may not hold an election under Section 3924.004 | |||||
until the city has consented by ordinance or resolution to the | |||||
creation of the district and to the inclusion of land in the | |||||
district. | |||||
(b) If the city does not consent to the creation of the | |||||
district and to the inclusion of land in the district 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 city 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, including Section 3924.055, expires | |||||
September 1, 2014. | |||||
(c) In addition to the requirements prescribed by | |||||
Subsection (a), the ordinance or resolution described by Subsection | |||||
(a): | |||||
(1) must specify the qualifications for persons to be | |||||
eligible to serve as permanent directors; and | |||||
(2) may limit the number of terms a director may serve. | |||||
Sec. 3924.006. 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 creation of the district is in the public interest | |||||
and is essential to further the public purposes of: | |||||
(1) developing and diversifying the economy of the | |||||
state; | |||||
(2) eliminating unemployment and underemployment; and | |||||
(3) developing or expanding transportation and | |||||
commerce. | |||||
(d) The district will: | |||||
(1) promote the health, safety, and general welfare of | |||||
residents, employers, potential employees, employees, visitors, | |||||
and consumers in the district, and of the public; | |||||
(2) provide needed funding for the district to | |||||
preserve, maintain, and enhance the economic health and vitality of | |||||
the district territory as a community and business center; | |||||
(3) promote the health, safety, welfare, and enjoyment | |||||
of the public by providing pedestrian ways and by landscaping and | |||||
developing certain areas in the district, which are necessary for | |||||
the restoration, preservation, and enhancement of scenic beauty; | |||||
and | |||||
(4) provide for water, wastewater, drainage, road, and | |||||
recreational facilities for the district. | |||||
(e) Pedestrian ways along or across a street, whether at | |||||
grade or above or below the surface, and street lighting, street | |||||
landscaping, parking, and street art objects are parts of and | |||||
necessary components of a street and are considered to be a street | |||||
or road improvement. | |||||
(f) The district will not act as the agent or | |||||
instrumentality of any private interest even though the district | |||||
will benefit many private interests as well as the public. | |||||
Sec. 3924.007. INITIAL DISTRICT TERRITORY. (a) The | |||||
district is initially composed of the territory described by | |||||
Section 2 of the Act enacting this chapter. | |||||
(b) The boundaries and field notes contained in Section 2 of | |||||
the Act enacting this chapter form a closure. A mistake in the | |||||
field notes or in copying the field notes in the legislative process | |||||
does not affect the district's: | |||||
(1) organization, existence, or validity; | |||||
(2) right to issue any type of bonds for the purposes | |||||
for which the district is created or to pay the principal of and | |||||
interest on the bonds; | |||||
(3) right to impose or collect an assessment or tax; or | |||||
(4) legality or operation. | |||||
Sec. 3924.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | |||||
All or any part of the area of the district is eligible to be | |||||
included in: | |||||
(1) a tax abatement reinvestment zone created under | |||||
Chapter 312, Tax Code; or | |||||
(2) an enterprise zone created under Chapter 2303, | |||||
Government Code. | |||||
Sec. 3924.009. APPLICABILITY OF MUNICIPAL MANAGEMENT | |||||
DISTRICTS LAW. Except as otherwise provided by this chapter, | |||||
Chapter 375, Local Government Code, applies to the district. | |||||
Sec. 3924.010. 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. 3924.051. GOVERNING BODY; TERMS. (a) The district is | |||||
governed by a board of seven voting directors who serve staggered | |||||
terms of four years, with three or four directors' terms expiring | |||||
June 1 of each odd-numbered year. | |||||
(b) The qualifications of the permanent directors must | |||||
comply with those established in the ordinance or resolution under | |||||
Section 3924.005(c)(1). | |||||
(c) The board by resolution may change the number of voting | |||||
directors on the board if the board determines that the change is in | |||||
the best interest of the district and the city approves the change. | |||||
The board may not consist of fewer than 7 or more than 15 voting | |||||
directors. | |||||
Sec. 3924.052. APPOINTMENT OF VOTING DIRECTORS. The | |||||
governing body of the city shall appoint the voting directors. A | |||||
person is appointed if a majority of the members of the governing | |||||
body vote to appoint that person. | |||||
Sec. 3924.053. QUORUM. For purposes of determining the | |||||
requirements for a quorum of the board, the following are not | |||||
counted: | |||||
(1) a board position vacant for any reason, including | |||||
death, resignation, or disqualification; or | |||||
(2) a director who is abstaining from participation in | |||||
a vote because of a conflict of interest. | |||||
Sec. 3924.054. COMPENSATION. A director is entitled to | |||||
receive fees of office and reimbursement for actual expenses as | |||||
provided by Section 49.060, Water Code. Sections 375.069 and | |||||
375.070, Local Government Code, do not apply to the board. | |||||
Sec. 3924.055. INITIAL VOTING DIRECTORS. (a) The initial | |||||
board consists of the following voting directors: | |||||
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(b) Of the initial directors, the terms of directors | |||||
appointed for positions one, three, five, and seven expire June 1, | |||||
2015, and the terms of directors appointed for positions two, four, | |||||
and six expire June 1, 2017. | |||||
(c) Section 3924.052 does not apply to this section. | |||||
(d) This section expires September 1, 2017. | |||||
SUBCHAPTER C. POWERS AND DUTIES | |||||
Sec. 3924.101. GENERAL POWERS AND DUTIES. The district has | |||||
the powers and duties necessary to accomplish the purposes for | |||||
which the district is created. | |||||
Sec. 3924.102. IMPROVEMENT PROJECTS AND SERVICES. The | |||||
district may provide, design, construct, acquire, improve, | |||||
relocate, operate, maintain, or finance an improvement project or | |||||
service using any money available to the district, or contract with | |||||
a governmental or private entity to provide, design, construct, | |||||
acquire, improve, relocate, operate, maintain, or finance an | |||||
improvement project or service authorized under this chapter or | |||||
Chapter 375, Local Government Code. | |||||
Sec. 3924.103. LOCATION OF IMPROVEMENT PROJECT. An | |||||
improvement project described by Section 3924.102 may be located: | |||||
(1) in the district; or | |||||
(2) in an area outside the district if the board | |||||
determines that the project benefits the district. | |||||
Sec. 3924.104. DEVELOPMENT CORPORATION POWERS. The | |||||
district, using money available to the district, may exercise the | |||||
powers given to a development corporation under Chapter 505, Local | |||||
Government Code, including the power to own, operate, acquire, | |||||
construct, lease, improve, or maintain a project under that | |||||
chapter. | |||||
Sec. 3924.105. NONPROFIT CORPORATION. (a) The board by | |||||
resolution may authorize the creation of a nonprofit corporation to | |||||
assist and act for the district in implementing a project or | |||||
providing a service authorized by this chapter. | |||||
(b) The nonprofit corporation: | |||||
(1) has each power of and is considered to be a local | |||||
government corporation created under Subchapter D, Chapter 431, | |||||
Transportation Code; and | |||||
(2) may implement any project and provide any service | |||||
authorized by this chapter. | |||||
(c) The board shall appoint the board of directors of the | |||||
nonprofit corporation. The board of directors of the nonprofit | |||||
corporation shall serve in the same manner as the board of directors | |||||
of a local government corporation created under Subchapter D, | |||||
Chapter 431, Transportation Code, except that a board member is not | |||||
required to reside in the district. | |||||
Sec. 3924.106. AGREEMENTS; GRANTS. (a) As provided by | |||||
Chapter 375, Local Government Code, the district may make an | |||||
agreement with or accept a gift, grant, or loan from any person. | |||||
(b) The implementation of a project is a governmental | |||||
function or service for the purposes of Chapter 791, Government | |||||
Code. | |||||
Sec. 3924.107. LAW ENFORCEMENT SERVICES. To protect the | |||||
public interest, the district may contract with a qualified party, | |||||
including the county or the city, to provide law enforcement | |||||
services for a fee. | |||||
Sec. 3924.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The | |||||
district may join and pay dues to a charitable or nonprofit | |||||
organization that performs a service or provides an activity | |||||
consistent with the furtherance of a district purpose. | |||||
Sec. 3924.109. ECONOMIC DEVELOPMENT. (a) The district may | |||||
engage in activities that accomplish the economic development | |||||
purposes of the district. | |||||
(b) The district may establish and provide for the | |||||
administration of one or more programs to promote state or local | |||||
economic development and to stimulate business and commercial | |||||
activity, 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 | |||||
and exercise the economic development powers provided to | |||||
municipalities by: | |||||
(1) Chapter 380, Local Government Code; and | |||||
(2) Subchapter A, Chapter 1509, Government Code. | |||||
Sec. 3924.110. PARKING FACILITIES. (a) The district may | |||||
acquire, lease as lessor or lessee, construct, develop, own, | |||||
operate, and maintain parking facilities or a system of parking | |||||
facilities, including lots, garages, parking terminals, or other | |||||
structures or accommodations for parking motor vehicles off the | |||||
streets and related appurtenances. | |||||
(b) The district's parking facilities serve the public | |||||
purposes of the district and are owned, used, and held for a public | |||||
purpose even if leased or operated by a private entity for a term of | |||||
years. | |||||
(c) The district's parking facilities are parts of and | |||||
necessary components of a street and are considered to be a street | |||||
or road improvement. | |||||
(d) The development and operation of the district's parking | |||||
facilities may be considered an economic development program. | |||||
Sec. 3924.111. APPROVAL BY CITY. (a) Except as provided | |||||
by Subsection (c), the district must obtain the approval of the city | |||||
for: | |||||
(1) the issuance of bonds; | |||||
(2) the annexation of land in the city or the | |||||
extraterritorial jurisdiction of the city; | |||||
(3) the plans and specifications of an improvement | |||||
project financed by bonds; and | |||||
(4) the plans and specifications of an improvement | |||||
project related to the use of land owned by the city, an easement | |||||
granted by the city, or a right-of-way of a street, road, or | |||||
highway. | |||||
(b) The district may not issue bonds or annex land in the | |||||
city or extraterritorial jurisdiction of the city until the | |||||
governing body of the city adopts a resolution or ordinance | |||||
authorizing the issuance of the bonds or the annexation of the land. | |||||
(c) If the district obtains the approval of the city's | |||||
governing body of a capital improvements budget for a period not to | |||||
exceed 10 years, the district may finance the capital improvements | |||||
and issue bonds specified in the budget without further approval | |||||
from the city. | |||||
(d) The governing body of the city: | |||||
(1) is not required to adopt a resolution or ordinance | |||||
to approve plans and specifications described by Subsection (a); | |||||
and | |||||
(2) may establish an administrative process to approve | |||||
plans and specifications described by Subsection (a) without the | |||||
involvement of the governing body. | |||||
Sec. 3924.112. COMPLIANCE WITH MUNICIPAL CONSENT | |||||
AGREEMENT, ORDINANCE, OR RESOLUTION; ENFORCEABILITY OF AGREEMENT. | |||||
(a) The district shall comply with all applicable requirements of | |||||
an ordinance or resolution adopted by the city that consents to the | |||||
creation of the district or to the inclusion of land in the | |||||
district. | |||||
(b) Any agreement between the district and the city related | |||||
to the city'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 the city | |||||
for the purpose of adjudicating a claim for breach of an agreement | |||||
described by this section. | |||||
Sec. 3924.113. NO EMINENT DOMAIN POWER. The district may | |||||
not exercise the power of eminent domain. | |||||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; TAX AND | |||||
ASSESSMENT ABATEMENTS | |||||
Sec. 3924.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The | |||||
board by resolution shall establish the number of directors' | |||||
signatures and the procedure required for a disbursement or | |||||
transfer of district money. | |||||
Sec. 3924.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. | |||||
The district may acquire, construct, finance, operate, or maintain | |||||
any improvement or service authorized under this chapter or Chapter | |||||
375, Local Government Code, using any money available to the | |||||
district. | |||||
Sec. 3924.153. ASSESSMENTS; LIENS FOR ASSESSMENTS. | |||||
(a) The board by resolution may impose and collect an assessment | |||||
for any purpose authorized by this chapter in all or any part of the | |||||
district. | |||||
(b) An assessment, a reassessment, or an assessment | |||||
resulting from an addition to or correction of the assessment roll | |||||
by the district, penalties and interest on an assessment or | |||||
reassessment, an expense of collection, and reasonable attorney's | |||||
fees incurred by the district: | |||||
(1) are a first and prior lien against the property | |||||
assessed; | |||||
(2) are superior to any other lien or claim other than | |||||
a lien or claim for county, school district, or municipal ad valorem | |||||
taxes; and | |||||
(3) are the personal liability of and a charge against | |||||
the owners of the property even if the owners are not named in the | |||||
assessment proceedings. | |||||
(c) The lien is effective from the date of the board's | |||||
resolution imposing the assessment until the date the assessment is | |||||
paid. The board may enforce the lien in the same manner that the | |||||
board may enforce an ad valorem tax lien against real property. | |||||
(d) The board may make a correction to or deletion from the | |||||
assessment roll that does not increase the amount of assessment of | |||||
any parcel of land without providing notice and holding a hearing in | |||||
the manner required for additional assessments. | |||||
Sec. 3924.154. RESIDENTIAL PROPERTY NOT EXEMPT. Section | |||||
375.161, Local Government Code, does not apply to a tax authorized | |||||
or approved by the voters of the district or a required payment for | |||||
a service provided by the district, including water and sewer | |||||
services. | |||||
Sec. 3924.155. TAX AND ASSESSMENT ABATEMENTS. The district | |||||
may designate reinvestment zones and may grant abatements of | |||||
district taxes or assessments on property in the zones. | |||||
SUBCHAPTER E. TAXES AND BONDS | |||||
Sec. 3924.201. ELECTIONS REGARDING TAXES AND BONDS. | |||||
(a) The district may issue, without an election, bonds, notes, and | |||||
other obligations secured by: | |||||
(1) revenue other than ad valorem taxes; or | |||||
(2) contract payments described by Section 3924.203. | |||||
(b) The district must hold an election in the manner | |||||
provided by Subchapter L, Chapter 375, Local Government Code, to | |||||
obtain voter approval before the district may impose an ad valorem | |||||
tax or issue bonds payable from ad valorem taxes. | |||||
(c) Section 375.243, Local Government Code, does not apply | |||||
to the district. | |||||
(d) All or any part of any facilities or improvements that | |||||
may be acquired by a district by the issuance of its bonds may be | |||||
submitted as a single proposition or as several propositions to be | |||||
voted on at the election. | |||||
Sec. 3924.202. OPERATION AND MAINTENANCE TAX. (a) If | |||||
authorized by a majority of the district voters voting at an | |||||
election held in accordance with Section 3924.201, the district may | |||||
impose an operation and maintenance tax on taxable property in the | |||||
district in accordance with Section 49.107, Water Code, for any | |||||
district purpose, including to: | |||||
(1) maintain and operate the district; | |||||
(2) construct or acquire improvements; or | |||||
(3) provide a service. | |||||
(b) The board shall determine the tax rate. The rate may not | |||||
exceed the rate approved at the election. | |||||
Sec. 3924.203. 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. 3924.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS | |||||
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms | |||||
determined by the board. Section 375.205, Local Government Code, | |||||
does not apply to a loan, line of credit, or other borrowing from a | |||||
bank or financial institution secured by revenue other than ad | |||||
valorem taxes. | |||||
(b) The district may issue bonds, notes, or other | |||||
obligations payable wholly or partly from ad valorem taxes, | |||||
assessments, impact fees, revenue, contract payments, grants, or | |||||
other district money, or any combination of those sources of money, | |||||
to pay for any authorized district purpose. | |||||
(c) The limitation on the outstanding principal amount of | |||||
bonds, notes, and other obligations provided by Section 49.4645, | |||||
Water Code, does not apply to the district. | |||||
Sec. 3924.205. 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 annual ad valorem tax, without limit as to rate or amount, | |||||
for each year that all or part of the bonds are outstanding as | |||||
required and in the manner provided by Sections 54.601 and 54.602, | |||||
Water Code. | |||||
Sec. 3924.206. CITY NOT REQUIRED TO PAY DISTRICT | |||||
OBLIGATIONS. Except as provided by Section 375.263, Local | |||||
Government Code, the city is not required to pay a bond, note, or | |||||
other obligation of the district. | |||||
SECTION 2. The Onion Creek Metro Park District initially | |||||
includes all territory contained in the following area: | |||||
A DESCRIPTION OF 701.655 ACRES IN THE SANTIAGO DEL VALLE | |||||
GRANT, TRAVIS COUNTY, TEXAS, CONSISTING OF: | |||||
A PORTION OF A 679.66 ACRE TRACT AND A 0.805 ACRE TRACT, | |||||
DESCRIBED IN A SPECIAL WARRANTY DEED TO MVE VENTURE, LTD. DATED MAY | |||||
2, 2005 AND RECORDED IN DOCUMENT NO. 2005078856 OF THE OFFICIAL | |||||
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; | |||||
ALL OF A 22.818 ACRE TRACT DESCRIBED IN A SPECIAL | |||||
WARRANTY DEED TO M.V.E. VENTURE DATED DECEMBER 28, 1989 AND | |||||
RECORDED IN VOLUME 11093, PAGE 219 OF THE REAL PROPERTY RECORDS OF | |||||
TRAVIS COUNTY, TEXAS; | |||||
ALL OF A 175.00 ACRE TRACT DESCRIBED IN A SPECIAL | |||||
WARRANTY DEED TO BENCHMARK LAND DEVELOPMENT, INC. DATED MAY 02, | |||||
2005 AND RECORDED IN DOCUMENT NO. 2005078857 OF THE OFFICIAL PUBLIC | |||||
RECORDS OF TRAVIS COUNTY, TEXAS; | |||||
ALL OF AN 85.600 ACRE TRACT DESCRIBED IN A CASH WARRANTY | |||||
DEED TO AUSTIN GOODNIGHT RANCH, L.P. DATED JUNE 30, 2006 AND | |||||
RECORDED IN DOCUMENT NO. 2006197891 OF THE OFFICIAL PUBLIC RECORDS | |||||
OF TRAVIS COUNTY, TEXAS; | |||||
ALL OF A 26.519 ACRE TRACT AND A 2.495 ACRE TRACT, BOTH | |||||
DESCRIBED IN A SPECIAL WARRANTY DEED TO GOODNIGHT RANCH L.P., DATED | |||||
MAY 26, 2006 AND RECORDED IN DOCUMENT NO. 2006099945 OF THE OFFICIAL | |||||
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; | |||||
ALL OF A 0.023 ACRE TRACT DESCRIBED IN A SPECIAL | |||||
WARRANTY DEED TO GOODNIGHT RANCH, L.P. AND RECORDED IN DOCUMENT NO. | |||||
2007076804 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; | |||||
ALL OF VERTEX BOULEVARD (70' RIGHT-OF-WAY WIDTH) | |||||
DESCRIBED IN DOCUMENT NO. 200800081 OF THE OFFICIAL PUBLIC RECORDS | |||||
OF TRAVIS COUNTY, TEXAS; | |||||
ALL OF A 2.031 ACRE TRACT DESCRIBED IN A SPECIAL | |||||
WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P., DATED JANUARY 31, | |||||
2006 AND RECORDED IN DOCUMENT NO. 2006022592 OF THE OFFICIAL PUBLIC | |||||
RECORDS OF TRAVIS COUNTY, TEXAS; | |||||
ALL OF A 6.125 ACRE TRACT DESCRIBED IN A SPECIAL | |||||
WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P., DATED MARCH 18, 2011 | |||||
AND RECORDED IN DOCUMENT NO. 2011035151 OF THE OFFICIAL PUBLIC | |||||
RECORDS OF TRAVIS COUNTY, TEXAS; | |||||
ALL OF A 6.658 ACRE TRACT DESCRIBED IN A SPECIAL | |||||
WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P. DATED JUNE 29, 2007 | |||||
AND RECORDED IN DOCUMENT NO. 2007211337 OF THE OFFICIAL PUBLIC | |||||
RECORDS OF TRAVIS COUNTY, TEXAS; | |||||
ALL OF A 0.828 ACRE TRACT DESCRIBED IN A GENERAL | |||||
WARRANTY DEED TO TRAVIS COUNTY, TEXAS, DATED AUGUST 9, 2011 AND | |||||
DESCRIBED IN DOCUMENT NO. 2011118719 OF THE OFFICIAL PUBLIC RECORDS | |||||
OF TRAVIS COUNTY, TEXAS; | |||||
ALL OF SLAUGHTER LANE EAST DESCRIBED IN DOCUMENT NO. | |||||
2007094816 AND DOCUMENT NO. 2010044359 OF THE OFFICIAL PUBLIC | |||||
RECORDS OF TRAVIS COUNTY, TEXAS; | |||||
ALL OF A 24.529 ACRE TRACT DESCRIBED IN A SPECIAL | |||||
WARRANTY DEED WITH VENDOR'S LIEN TO AUSTIN GOODNIGHT RANCH, L.P., | |||||
DATED APRIL 4, 2011 AND RECORDED IN DOCUMENT NO. 2011053055 OF THE | |||||
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; | |||||
ALL OF A 0.144 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL | |||||
WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P. DATED APRIL 14, 2011 | |||||
AND RECORDED IN DOCUMENT NO. 2011053054 OF THE OFFICIAL PUBLIC | |||||
RECORDS OF TRAVIS COUNTY, TEXAS; | |||||
SAID 701.655 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES | |||||
AND BOUNDS AS FOLLOWS: | |||||
BEGINNING at a 1/2" rebar found in the north right-of-way | |||||
line of Old Lockhart Highway (right-of-way width varies), being the | |||||
southeast corner of the 679.66 acre tract, being also the southwest | |||||
corner of Lot 1 of Capitol View Estates, a subdivision of record in | |||||
Volume 45, Page 13 of the Plat Records of Travis County, Texas; | |||||
THENCE with the north right-of-way line of Old Lockhart | |||||
Highway and the south line of the 679.66 acre tract the following | |||||
ten (10) courses and distances: | |||||
1. North 52°14'14" West, a distance of 88.15 feet to a 1/2" rebar | |||||
found; | |||||
2. North 41°41'09" West, a distance of 711.88 feet to a 1/2" iron | |||||
pipe found; | |||||
3. North 40°58'33" West, a distance of 460.57 feet to a 1/2" rebar | |||||
found; | |||||
4. North 35°38'06" West, a distance of 332.61 feet to a 1/2" iron | |||||
pipe found; | |||||
5. North 38°14'16" West, a distance of 94.62 feet to a 1/2" iron | |||||
pipe found; | |||||
6. North 34°52'34" West, a distance of 116.37 feet to a 1/2" iron | |||||
pipe found; | |||||
7. North 36°52'03" West, a distance of 761.83 feet to a 1/2" iron | |||||
pipe found; | |||||
8. North 36°04'28" West, a distance of 525.66 feet to a 3/4" iron | |||||
pipe found; | |||||
9. North 37°05'20" West, a distance of 350.14 feet to a metal fence | |||||
post found; | |||||
10. North 35°03'44" West, a distance of 102.42 feet to a 3/4" iron | |||||
pipe found for the southeast corner of the 0.805 acre tract; | |||||
THENCE North 36°56'38" West, with the north right-of-way line | |||||
of Old Lockhart Highway and the south line of the 0.805 acre tract, | |||||
a distance of 158.54 feet to a 3/4" iron pipe found for the | |||||
southwest corner of the 0.805 acre tract, being in the south line of | |||||
the 679.66 acre tract; | |||||
THENCE North 36°41'16" West, with the north right-of-way line | |||||
of Old Lockhart Highway and the south line of the 679.66 acre tract, | |||||
a distance of 400.57 feet to a 1/2" rebar found for a southwest | |||||
corner of the 679.66 acre tract, being the southeast corner of a | |||||
0.994 acre tract of land described in Volume 12478, Page 528 of the | |||||
Real Property Records of Travis County, Texas; | |||||
THENCE North 28°56'17" East, with the west line of the 679.66 | |||||
acre tract and the east line of the 0.994 acre tract, a distance of | |||||
321.00 feet to a calculated point for the northeast corner of the | |||||
0.994 acre tract, being a southeast corner of a 3.59 acre tract of | |||||
land described in Document No. 2009200063 of the Official Public | |||||
Records of Travis County, Texas; | |||||
THENCE with the common line of the 679.66 acre tract and the | |||||
3.59 acre tract the following two (2) courses and distances: | |||||
1. North 28°50'57" East, a distance of 437.63 feet to a 1/2" rebar | |||||
found for the northeast corner of the 3.59 acre tract; | |||||
2. North 60°15'24" West, a distance of 130.11 feet to a 1/2" rebar | |||||
found for the northwest corner of the 3.59 acre tract, being an | |||||
angle point in the east line of a 16.46 acre tract of land described | |||||
in Document No. 2004222100 of the Official Public Records of Travis | |||||
County, Texas; | |||||
THENCE with the common line of the 679.66 acre tract and the | |||||
16.46 acre tract the following three (3) courses and distances: | |||||
1. North 59°54'43" West, a distance of 44.13 feet to a 1/2" rebar | |||||
found; | |||||
2. North 29°01'25" East, a distance of 1551.18 feet to a 3/4" iron | |||||
pipe found for the northeast corner of the 16.46 acre tract; | |||||
3. North 62°41'57" West, a distance of 345.07 feet to a 1/2" iron | |||||
pipe found for the northwest corner of the 16.46 acre tract, being | |||||
the northeast corner of Lot 7, Block D, Perkins Park, Section One, a | |||||
subdivision of record in Volume 50, Page 78 of the Plat Records of | |||||
Travis County, Texas; | |||||
THENCE North 62°57'34" West, with the south line of the 679.66 | |||||
acre tract and the north line of Perkins Park, Section One, a | |||||
distance of 310.24 feet to a 1/2" rebar found for the northwest | |||||
corner of Lot 8, Block K, Perkins Park, Section One, being the | |||||
northeast corner of a 6.59 acre tract of land described in Document | |||||
No. 2000167421 of the Official Public Records of Travis County, | |||||
Texas; | |||||
THENCE with the common line of the 679.66 acre tract and the | |||||
6.59 acre tract the following three (3) courses and distances: | |||||
1. North 62°54'58" West, a distance of 162.11 feet to a 1" iron pipe | |||||
found for the northwest corner of the 6.59 acre tract; | |||||
2. South 29°33'50" West, a distance of 963.76 feet to a 1/2" rebar | |||||
with Chaparral cap set; | |||||
3. South 29°33'00" West, a distance of 753.69 feet to a 1/2" rebar | |||||
found in the north right-of-way line of Old Lockhart Highway, being | |||||
an angle point in the southwest line of the 679.66 acre tract, being | |||||
also the southwest corner of the 6.59 acre tract; | |||||
THENCE with the common right-of-way line of Old Lockhart | |||||
Highway and the 679.66 acre tract the following five (5) courses and | |||||
distances: | |||||
1. North 26°32'14" West, a distance of 566.22 feet to a 1/2" rebar | |||||
found; | |||||
2. North 18°08'20" West, a distance of 141.82 feet to a 1/2" rebar | |||||
found; | |||||
3. North 07°42'27" East, a distance of 89.82 feet to a 1/2" rebar | |||||
found; | |||||
4. North 28°37'37" East, a distance of 229.06 feet to a 1" iron pipe | |||||
found; | |||||
5. North 29°33'21" East, at a distance of 460.01 feet, passing a | |||||
1/2" rebar with Chaparral cap set for the south corner of the 0.828 | |||||
acre tract, continuing with the common right-of-way line of Old | |||||
Lockhart Highway and the 0.828 acre tract, in all, a distance of | |||||
670.57 feet to a 3/4" iron pipe found; | |||||
THENCE North 30°58'10" East, with the common right-of-way | |||||
line of Old Lockhart Highway and the 0.828 acre tract, same being | |||||
the west line of the 679.66 acre tract, a distance of 129.75 feet to | |||||
a 1/2" rebar found in the south line of a 1.5 acre tract of land | |||||
described in Volume 11234, Page 365 of the Real Property Records of | |||||
Travis County, Texas; | |||||
THENCE with the common line of the 0.828 acre tract and the | |||||
1.5 acre tract, same being the west line of the 679.66 acre tract, | |||||
the following three (3) courses and distances: | |||||
1. South 26°34'49" East, a distance of 11.29 feet to a 1/2" rebar | |||||
found; | |||||
2. North 27°27'35" East, a distance of 172.54 feet to a 1/2" rebar | |||||
found; | |||||
3. North 26°27'24" East, at a distance of 227.52 feet passing a | |||||
1/2" rebar found for an angle point in the south right-of-way line | |||||
of Slaughter Lane East (right-of-way width varies) as described in | |||||
Document No. 2008134870 of the Official Public Records of Travis | |||||
County, Texas, being in the west line of the said 85.600 acre tract, | |||||
being also the northeast corner of a 1.5 acre tract described in | |||||
Volume 11234, Page 365 of the Real Property Records of Travis | |||||
County, Texas, continuing with the south right-of-way line of | |||||
Slaughter Lane East and the west line of the 0.828 acre tract, in | |||||
all, a distance of 229.16 feet to a 1/2" rebar found for an angle | |||||
point in the south right-of-way line of Slaughter Lane East, being | |||||
the northwest corner of the 0.828 acre tract; | |||||
THENCE North 26°54'47" East, with the west line of the 679.66 | |||||
acre tract, crossing Slaughter Lane East, a distance of 146.04 feet | |||||
to a 1/2" rebar with Chaparral cap found in the north right-of-way | |||||
line of Slaughter Lane East, being a point in the west line of the | |||||
175.000 acre tract and also being in the east line of a 67.95 acre | |||||
tract described in Document No. 2002232017 of the Official Public | |||||
Records of Travis County, Texas; | |||||
THENCE North 26°54'47" East, with the west line of the 679.66 | |||||
acre tract, the west line of the 175.000 acre tract and the east | |||||
line of the 67.95 acre tract, a distance of 1458.21 feet to a 1/2" | |||||
rebar found for an angle point in the east line of the 67.95 acre | |||||
tract, being the southeast corner of the 1.477 acre tract; | |||||
THENCE North 26°55'30" East, with the west line of the 697.66 | |||||
acre tract, the west line of the 175.000 acre tract and the east | |||||
line of the 1.477 acre tract, at a distance of 351.90 feet, passing | |||||
an angle point in the west line of the 85.600 acre tract, continuing | |||||
with the west line of the 85.600 acre tract, the west line of the | |||||
697.66 acre tract and the east line of the 1.477 acre tract, in all, | |||||
a distance of 364.88 feet to a 1/2" rebar found at an angle point in | |||||
the west line of the 85.600 acre tract, being the northeast corner | |||||
of the 1.477 acre tract and being also an angle point in the south | |||||
right-of-way line of Nuckols Crossing Road (70' right-of-way | |||||
width); | |||||
THENCE with the common line of Nuckols Crossing Road, the | |||||
85.600 acre tract and the 679.66 acre tract, the following seven (7) | |||||
courses and distances: | |||||
1. North 27°13'23" East, a distance of 107.04 feet to a 1/2" rebar | |||||
found; | |||||
2. North 36°26'26" East, a distance of 98.94 feet to a 3/4" iron | |||||
pipe found; | |||||
3. North 27°09'55" East, a distance of 1122.38 feet to a 3/4" iron | |||||
pipe found; | |||||
4. With a curve to the right, having a radius of 136.02 feet, an | |||||
arc length of 214.24 feet, and a chord which bears North 72°14'38" | |||||
East, a distance of 192.77 feet to a 3/4" iron pipe found; | |||||
5. South 62°37'40" East, a distance of 734.70 feet to a nail found | |||||
in a fence post; | |||||
6. With a curve to the left, having a radius of 990.40 feet, an arc | |||||
length of 286.98 feet, and a chord which bears South 70°56'14" East, | |||||
a distance of 285.97 feet to a 1/2" rebar found; | |||||
7. South 79°14'59" East, a distance of 524.60 feet to a 1/2" rebar | |||||
with cap set for the northeast corner of the 85.600 acre tract, | |||||
being in the north line of the 679.66 acre tract; | |||||
THENCE with the south right-of-way line of Nuckols Crossing | |||||
Road and the north line of the 679.66 acre tract the following two | |||||
(2) courses and distances: | |||||
1. South 79°14'59" East, a distance of 645.80 feet to a 3/4" iron | |||||
pipe found, from which, a 1/2" rebar found bears South 84°49'23" | |||||
East, a distance of 5.32 feet; | |||||
2. South 85°18'25" East, at a distance of 77.47 feet, passing a | |||||
1/2" rebar with cap set for the intersection of Nuckols Crossing | |||||
Road and Vertex Boulevard, continuing with the prolongation of the | |||||
south right-of-way line of Nuckols Crossing Road, in all, a | |||||
distance of 178.50 feet to a 1/2" rebar found for the southwest | |||||
corner of Lot 1, Gentry Estates, a subdivision of record in Volume | |||||
75, Page 88 of the Plat Records of Travis County, Texas, being also | |||||
the northwest corner of a 15.604 acre tract described in Document | |||||
No. 2006099949 of the Official Public Records of Travis County, | |||||
Texas; | |||||
THENCE crossing the 679.66 acre tract with the east | |||||
right-of-way line of Vertex Boulevard and the west line of the | |||||
15.604 acre tract, the following two (2) courses and distances: | |||||
1. South 31°49'52" West, a distance of 11.02 feet to a 1/2" rebar | |||||
with Chaparral cap found; | |||||
2. With a curve to the left, having a radius of 1050.00 feet, an | |||||
arc length of 631.79 feet, and a chord which bears South 14°35'36" | |||||
West, a distance of 622.31 feet to a 1/2" rebar with Chaparral cap | |||||
found for the southeast termination of Vertex Boulevard, being also | |||||
a point in the east line of a 2.495 acre described in Document No. | |||||
2006099945 of the Official Public Records of Travis County, Texas; | |||||
THENCE continuing across the 679.66 acre tract with the west | |||||
line of the 15.604 acre tract and the east line of the 2.495 acre | |||||
tract the following two (2) courses and distances: | |||||
1. With a curve to the left, having a radius of 1050.00 feet, an | |||||
arc length of 356.17 feet, and a chord which bears South 12°21'43" | |||||
East, a distance of 354.46 feet to a 1/2" rebar with Chaparral cap | |||||
found; | |||||
2. South 22°04'46" East, a distance of 217.30 feet to a 1/2" rebar | |||||
with Chaparral cap found for the southwest corner of said 15.604 | |||||
acre tract, being the northwest corner of said 26.519 acre tract; | |||||
THENCE continuing across the 679.66 acre tract with the | |||||
common line of the 15.604 acre and 26.519 acre tracts, the following | |||||
three (3) courses and distances: | |||||
1. North 89°49'06" East, a distance of 173.88 feet to a 1/2" rebar | |||||
with Chaparral cap found; | |||||
2. North 84°49'06" East, a distance of 389.86 feet to a 1/2" rebar | |||||
with Chaparral cap found; | |||||
3. North 00°06'16" East, a distance of 814.03 feet to a 1/2" rebar | |||||
with Chaparral cap found for an angle point in the north line of the | |||||
26.519 acre tract, being in the north line of the 679.66 acre, same | |||||
being the northeast corner of the 15.604 acre tract, and being also | |||||
a point in the south line of Lot 1 of said Gentry Estates; | |||||
THENCE South 61°01'04" East, with the north line of the 26.519 | |||||
acre tract, the north line of the 679.66 acre tract and the south | |||||
line of Lot 1, Gentry Estates, a distance of 484.73 feet to a 3/4" | |||||
iron pipe found for the southeast corner of Lot 1, Gentry Estates, | |||||
being the southwest corner of Block B of Final Plat of Thaxton | |||||
Place, a subdivision of record in Document No. 200800080 of the | |||||
Official Public Records of Travis County, Texas; | |||||
THENCE South 61°02'12" East, with the , the north line of the | |||||
679.66 acre tract, the north line of the 26.519 acre tract and the | |||||
south line of Block B of Thaxton Place, at a distance of 509.80 | |||||
feet, passing the northwest corner of the 2.031 acre tract, | |||||
continuing with the north line of the 679.66 acre tract, the north | |||||
line of the 2.031 acre tract, the north line of the 26.519 acre | |||||
tract, and the south line of Block B of Thaxton place, in all, a | |||||
distance of 549.85 feet to a 1/2" rebar found for the northeast | |||||
corner of the 679.66 acre tract, the northeast corner of the 2.031 | |||||
acre tract, the northeast corner of the 26.519 acre tract, and also | |||||
being the southeast corner of Block B of Thaxton Place and a point | |||||
in the west line of Lot 13, Block X of Sheldon 230, Section 1, Phase | |||||
1 a subdivision of record in Document No. 200500225 of the Official | |||||
Public Records of Travis County, Texas; | |||||
THENCE South 26°18'36" West, with the east line of the 697.66 | |||||
acre tract, the east line of the 2.031 acre tract, the east line of | |||||
the 26.519 acre tract, and the west lines of Block X of Sheldon 230, | |||||
Section 1, Phase 1, Block DD of Sheldon 230 Section 1, Phase 3 a | |||||
subdivision of record in Document No. 200600032 of the Official | |||||
Public Records of Travis County, Texas, Baythorne Drive (60' | |||||
right-of-way described in Document No. 200700032 of the Official | |||||
Public Records of Travis County, Texas, and Block DD of Sheldon 230 | |||||
Section 1, Phase 2 a subdivision of record in Document No. 200600033 | |||||
of the Official Public Records of Travis County, Texas, a distance | |||||
of 2090.63 feet to a 1/2" rebar with Chaparral cap found for the | |||||
southwest corner of Block DD of Sheldon 230 Section 1, Phase 2, | |||||
being the northwest corner of the 6.125 acre tract; | |||||
THENCE South 63°39'27" East, with the north line of the 6.125 | |||||
acre tract and the south line of Block DD of Sheldon 230 Section 1, | |||||
Phase 2, a distance of 375.16 feet to a 1/2" rebar with Chaparral | |||||
cap set for the northeast corner of the 6.125 acre tract, being the | |||||
northwest corner of a 22.802 acre tract described in Document No. | |||||
2007210182 of the Official Public Records of Travis County, Texas; | |||||
THENCE South 26°22'18" West, with the east line of the 6.125 | |||||
acre tract, the west line of the 22.802 acre tract and the west line | |||||
of a 7.598 acre tract described in Document No. 2009200351, a | |||||
distance 721.24 feet to a 1/2" rebar with Chaparral cap found for | |||||
the northeast termination of Slaughter Lane East, described in | |||||
Document 2010044359 of the Official Public Records of Travis | |||||
County, Texas, being a point in the west line of the 22.802 acre | |||||
tract; | |||||
THENCE South 26°22'18" West, with the east termination of | |||||
Slaughter Lane East and the west line of the 22.802 acre tract, a | |||||
distance of 141.81 feet to a 1/2" rebar found for the southeast | |||||
termination of Slaughter Lane East, being the southwest corner of | |||||
the 22.802 acre tract, the northwest corner of the 22.818 acre tract | |||||
and being also the northeast corner of the 6.658 acre tract; | |||||
THENCE South 63°41'20" East, with the north line of the 22.818 | |||||
acre tract and the south line of the 22.802 acre tract, at a | |||||
distance of 1246.34 feet passing 1/2" rebar found, in all, a | |||||
distance of 1246.85 feet to a calculated point for the northeast | |||||
corner of the 22.818 acre tract, being the southeast corner of the | |||||
22.802 acre tract, being in the west right-of-way line of an | |||||
apparent road; | |||||
THENCE with the east line of the 22.818 acre tract and the | |||||
west line of the apparent road the following two (2) courses and | |||||
distances: | |||||
1. South 13°52'34" West, a distance of 157.47 feet to a 1/2" rebar | |||||
found; | |||||
2. South 27°10'07" West, a distance of 638.82 feet to a 1/2" rebar | |||||
with Chaparral cap set for the southeast corner of the 22.818 acre | |||||
tract, being in the north right-of-way line of Capitol View Drive | |||||
(60' right-of-way width), being also the northeast corner of Lot | |||||
15-B, Resubdivision of Lots 14 & 15, Capitol View Estates, a | |||||
subdivision of record in Volume 47, Page 100 of the Plat Records of | |||||
Travis County, Texas; | |||||
THENCE North 62°33'37" West, with the south line of the 22.818 | |||||
acre tract and the north line of Lot 15-B, a distance of 561.95 feet | |||||
to a 1/2" rebar found for the northwest corner of Lot 15-B, being an | |||||
angle point in the east line of the 679.66 acre tract; | |||||
THENCE South 27°16'23" West, with the east line of the 679.66 | |||||
acre tract, the west line of the said Resubdivision of Lots 14 & 15, | |||||
Capitol View Estates, the west line of Capitol View Estates, the | |||||
west line of the Resubdivision of Lots 10, 11, 21, 22 & 23, Capitol | |||||
View Estates, a subdivision of record in Volume 48, Page 1 of the | |||||
Plat Records of Travis County, Texas, the west line of the | |||||
Resubdivision of Lot 5, Capitol View Estates, a subdivision of | |||||
record in Volume 55, Page 47 of the Plat Records of Travis County, | |||||
Texas, and the west line of the Resubdivision of Lot 4, Capitol View | |||||
Estates, a subdivision of record in Volume 58, Page 66 of the Plat | |||||
Records of Travis County, Texas, a distance of 4347.40 feet to the | |||||
POINT OF BEGINNING, containing 701.655 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, | |||||
lieutenant governor, and speaker of the house of representatives | |||||
within the required time. | |||||
(d) The general law relating to consent by political | |||||
subdivisions to the creation of districts with conservation, | |||||
reclamation, and road powers and the inclusion of land in those | |||||
districts has been complied with. | |||||
(e) All requirements of the constitution and laws of this | |||||
state and the rules and procedures of the legislature with respect | |||||
to the notice, introduction, and passage of this Act have been | |||||
fulfilled and accomplished. | |||||
SECTION 4. This Act takes effect immediately if it receives | |||||
a vote of two-thirds of all the members elected to each house, as | |||||
provided by Section 39, Article III, Texas Constitution. If this | |||||
Act does not receive the vote necessary for immediate effect, this | |||||
Act takes effect September 1, 2013. |