Bill Text: TX SB2223 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Sponsorship: Partisan Bill (Republican 1)
Status: (N/A - Dead) 2021-04-27 - Referred to Local Government [SB2223 Detail]
Download: Texas-2021-SB2223-Introduced.html
| 87R18388 ANG-F | ||
| By: Buckingham | S.B. No. 2223 | |
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| relating to the creation of the Travis County Municipal Utility | ||
| District No. 27; granting a limited power of eminent domain; | ||
| providing authority to issue bonds; providing authority to impose | ||
| assessments, fees, and taxes. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle F, Title 6, Special District Local Laws | ||
| Code, is amended by adding Chapter 7950A to read as follows: | ||
| CHAPTER 7950A. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 27 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 7950A.0101. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "Commission" means the Texas Commission on | ||
| Environmental Quality. | ||
| (3) "Director" means a board member. | ||
| (4) "District" means the Travis County Municipal | ||
| Utility District No. 27. | ||
| Sec. 7950A.0102. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 7950A.0103. CONFIRMATION AND DIRECTOR ELECTION | ||
| REQUIRED. The temporary directors shall hold an election to | ||
| confirm the creation of the district and to elect five permanent | ||
| directors as provided by Section 49.102, Water Code. | ||
| Sec. 7950A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
| temporary directors may not hold an election under Section | ||
| 7950A.0103 until each municipality in whose corporate limits or | ||
| extraterritorial jurisdiction the district is located has | ||
| consented by ordinance or resolution to the creation of the | ||
| district and to the inclusion of land in the district. | ||
| Sec. 7950A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
| (a) The district is created to serve a public purpose and benefit. | ||
| (b) The district is created to accomplish the purposes of: | ||
| (1) a municipal utility district as provided by | ||
| general law and Section 59, Article XVI, Texas Constitution; and | ||
| (2) Section 52, Article III, Texas Constitution, that | ||
| relate to the construction, acquisition, improvement, operation, | ||
| or maintenance of macadamized, graveled, or paved roads, or | ||
| improvements, including storm drainage, in aid of those roads. | ||
| Sec. 7950A.0106. INITIAL DISTRICT TERRITORY. (a) The | ||
| district is initially composed of the territory described by | ||
| Section 2 of the Act enacting this chapter. | ||
| (b) The boundaries and field notes contained in Section 2 of | ||
| the Act enacting this chapter form a closure. A mistake made in the | ||
| field notes or in copying the field notes in the legislative process | ||
| does not affect the district's: | ||
| (1) organization, existence, or validity; | ||
| (2) right to issue any type of bond for the purposes | ||
| for which the district is created or to pay the principal of and | ||
| interest on a bond; | ||
| (3) right to impose a tax; or | ||
| (4) legality or operation. | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 7950A.0201. GOVERNING BODY; TERMS. (a) The district | ||
| is governed by a board of five elected directors. | ||
| (b) Except as provided by Section 7950A.0202, directors | ||
| serve staggered four-year terms. | ||
| Sec. 7950A.0202. TEMPORARY DIRECTORS. (a) On or after the | ||
| effective date of the Act enacting this chapter, the owner or owners | ||
| of a majority of the assessed value of the real property in the | ||
| district may submit a petition to the commission requesting that | ||
| the commission appoint as temporary directors the five persons | ||
| named in the petition. The commission shall appoint as temporary | ||
| directors the five persons named in the petition. | ||
| (b) Temporary directors serve until the earlier of: | ||
| (1) the date permanent directors are elected under | ||
| Section 7950A.0103; or | ||
| (2) the fourth anniversary of the effective date of | ||
| the Act enacting this chapter. | ||
| (c) If permanent directors have not been elected under | ||
| Section 7950A.0103 and the terms of the temporary directors have | ||
| expired, successor temporary directors shall be appointed or | ||
| reappointed as provided by Subsection (d) to serve terms that | ||
| expire on the earlier of: | ||
| (1) the date permanent directors are elected under | ||
| Section 7950A.0103; or | ||
| (2) the fourth anniversary of the date of the | ||
| appointment or reappointment. | ||
| (d) If Subsection (c) applies, the owner or owners of a | ||
| majority of the assessed value of the real property in the district | ||
| may submit a petition to the commission requesting that the | ||
| commission appoint as successor temporary directors the five | ||
| persons named in the petition. The commission shall appoint as | ||
| successor temporary directors the five persons named in the | ||
| petition. | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 7950A.0301. GENERAL POWERS AND DUTIES. The district | ||
| has the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 7950A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
| DUTIES. The district has the powers and duties provided by the | ||
| general law of this state, including Chapters 49 and 54, Water Code, | ||
| applicable to municipal utility districts created under Section 59, | ||
| Article XVI, Texas Constitution. | ||
| Sec. 7950A.0303. AUTHORITY FOR ROAD PROJECTS. Under | ||
| Section 52, Article III, Texas Constitution, the district may | ||
| design, acquire, construct, finance, issue bonds for, improve, | ||
| operate, maintain, and convey to this state, a county, or a | ||
| municipality for operation and maintenance macadamized, graveled, | ||
| or paved roads, or improvements, including storm drainage, in aid | ||
| of those roads. | ||
| Sec. 7950A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A | ||
| road project must meet all applicable construction standards, | ||
| zoning and subdivision requirements, and regulations of each | ||
| municipality in whose corporate limits or extraterritorial | ||
| jurisdiction the road project is located. | ||
| (b) If a road project is not located in the corporate limits | ||
| or extraterritorial jurisdiction of a municipality, the road | ||
| project must meet all applicable construction standards, | ||
| subdivision requirements, and regulations of each county in which | ||
| the road project is located. | ||
| (c) If the state will maintain and operate the road, the | ||
| Texas Transportation Commission must approve the plans and | ||
| specifications of the road project. | ||
| Sec. 7950A.0305. COMPLIANCE WITH MUNICIPAL CONSENT | ||
| ORDINANCE OR RESOLUTION. The district shall comply with all | ||
| applicable requirements of any ordinance or resolution that is | ||
| adopted under Section 54.016 or 54.0165, Water Code, and that | ||
| consents to the creation of the district or to the inclusion of land | ||
| in the district. | ||
| Sec. 7950A.0306. DIVISION OF DISTRICT. (a) The district | ||
| may be divided into two or more new districts only if the district: | ||
| (1) has never issued any bonds; and | ||
| (2) is not imposing ad valorem taxes. | ||
| (b) This chapter applies to any new district created by the | ||
| division of the district, and a new district has all the powers and | ||
| duties of the district. | ||
| (c) A new district created by the division of the district | ||
| may not, at the time the new district is created, contain any land | ||
| outside the area described by Section 2 of the Act enacting this | ||
| chapter. | ||
| (d) The board, on its own motion or on receipt of a petition | ||
| signed by the owner or owners of a majority of the assessed value of | ||
| the real property in the district, may adopt an order dividing the | ||
| district. | ||
| (e) The board may adopt an order dividing the district | ||
| before or after the date the board holds an election under Section | ||
| 7950A.0103 to confirm the district's creation. | ||
| (f) An order dividing the district shall: | ||
| (1) name each new district; | ||
| (2) include the metes and bounds description of the | ||
| territory of each new district; | ||
| (3) appoint temporary directors for each new district; | ||
| and | ||
| (4) provide for the division of assets and liabilities | ||
| between the new districts. | ||
| (g) On or before the 30th day after the date of adoption of | ||
| an order dividing the district, the district shall file the order | ||
| with the commission and record the order in the real property | ||
| records of each county in which the district is located. | ||
| (h) Any new district created by the division of the district | ||
| shall hold a confirmation and directors' election as required by | ||
| Section 7950A.0103. | ||
| (i) If the creation of the new district is confirmed, the | ||
| new district shall provide the election date and results to the | ||
| commission. | ||
| (j) Any new district created by the division of the district | ||
| must hold an election as required by this chapter to obtain voter | ||
| approval before the district may impose a maintenance tax or issue | ||
| bonds payable wholly or partly from ad valorem taxes. | ||
| (k) Municipal consent to the creation of the district and to | ||
| the inclusion of land in the district granted under Section | ||
| 7950A.0104 acts as municipal consent to the creation of any new | ||
| district created by the division of the district and to the | ||
| inclusion of land in the new district. | ||
| SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 7950A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) | ||
| The district may issue, without an election, bonds and other | ||
| obligations secured by: | ||
| (1) revenue other than ad valorem taxes; or | ||
| (2) contract payments described by Section | ||
| 7950A.0403. | ||
| (b) The district must hold an election in the manner | ||
| provided by Chapters 49 and 54, Water Code, to obtain voter approval | ||
| before the district may impose an ad valorem tax or issue bonds | ||
| payable from ad valorem taxes. | ||
| (c) The district may not issue bonds payable from ad valorem | ||
| taxes to finance a road project unless the issuance is approved by a | ||
| vote of a two-thirds majority of the district voters voting at an | ||
| election held for that purpose. | ||
| Sec. 7950A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized at an election held under Section 7950A.0401, the | ||
| district may impose an operation and maintenance tax on taxable | ||
| property in the district in accordance with Section 49.107, Water | ||
| Code. | ||
| (b) The board shall determine the tax rate. The rate may not | ||
| exceed the rate approved at the election. | ||
| Sec. 7950A.0403. CONTRACT TAXES. (a) In accordance with | ||
| Section 49.108, Water Code, the district may impose a tax other than | ||
| an operation and maintenance tax and use the revenue derived from | ||
| the tax to make payments under a contract after the provisions of | ||
| the contract have been approved by a majority of the district voters | ||
| voting at an election held for that purpose. | ||
| (b) A contract approved by the district voters may contain a | ||
| provision stating that the contract may be modified or amended by | ||
| the board without further voter approval. | ||
| SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
| Sec. 7950A.0501. AUTHORITY TO ISSUE BONDS AND OTHER | ||
| OBLIGATIONS. The district may issue bonds or other obligations | ||
| payable wholly or partly from ad valorem taxes, impact fees, | ||
| revenue, contract payments, grants, or other district money, or any | ||
| combination of those sources, to pay for any authorized district | ||
| purpose. | ||
| Sec. 7950A.0502. TAXES FOR BONDS. At the time the district | ||
| issues bonds payable wholly or partly from ad valorem taxes, the | ||
| board shall provide for the annual imposition of a continuing | ||
| direct ad valorem tax, without limit as to rate or amount, while all | ||
| or part of the bonds are outstanding as required and in the manner | ||
| provided by Sections 54.601 and 54.602, Water Code. | ||
| Sec. 7950A.0503. BONDS FOR ROAD PROJECTS. At the time of | ||
| issuance, the total principal amount of bonds or other obligations | ||
| issued or incurred to finance road projects and payable from ad | ||
| valorem taxes may not exceed one-fourth of the assessed value of the | ||
| real property in the district. | ||
| SECTION 2. The Travis County Municipal Utility District | ||
| No. 27 initially includes all the territory contained in the | ||
| following area: | ||
| FIELD NOTES FOR A 479.689 ACRE TRACT OF LAND OUT OF THE G.H. | ||
| COX SURVEY NUMBER 44, ABSTRACT 2563 AND THE BEATY, SEALE AND FORWOOD | ||
| SURVEY NUMBER 45, ABSTRACT 131, TRAVIS COUNTY, TEXAS; BEING ALL OF | ||
| THE CALLED 91.97 ACRE TRACT (FIRST TRACT), 80 ACRE TRACT (THIRD | ||
| TRACT), 40.97 ACRE TRACT (FIFTH TRACT) AND PORTIONS OF THE CALLED | ||
| 148.03 ACRE TRACT (SECOND TRACT) AND 330 ACRE TRACT (FOURTH TRACT) | ||
| OF LAND AS CONVEYED TO HOLMES FAMILY PROPERTIES, LTD. BY SPECIAL | ||
| WARRANTY DEEDS RECORDED IN VOLUME 12733, PAGE 826 AND VOLUME 13019, | ||
| PAGE 1028 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS; | ||
| SAID 479.689 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED | ||
| BY METES AND BOUNDS AS FOLLOWS: | ||
| BEGINNING at a 1/2-inch iron pipe found on the northerly | ||
| right-of-way line of Bee Creek Road (a public roadway) as described | ||
| in Travis County Commissioners Court Road Book Number 3, Pages | ||
| 460-481, at the southeast corner of BRIARCLIFF, INC., SECTION 14, a | ||
| subdivision as recorded in Volume 49, Page 21 of the Plat Records of | ||
| Travis County, Texas, for the southwest corner and POINT OF | ||
| BEGINNING of the herein described tract; | ||
| THENCE, with the east line of said BRIARCLIFF, SECTION 14, N | ||
| 29°13'42" E a distance of 2,698.71 feet to a 1/2-inch iron rod found | ||
| on the easterly right-of-way of S. Cowal Drive (60' ROW), for an | ||
| angle point of the herein described tract; | ||
| THENCE, with the east right-of-way of said S. Cowal Drive, N | ||
| 29°14'10" E a distance of 1,191.95 feet to a 1/2-inch iron rod found | ||
| for an angle point of the herein described tract; | ||
| THENCE, with the east line of BRIARCLIFF, INC., SECTION 16, a | ||
| subdivision as recorded in Volume 43, Page 37 of the Plat Records of | ||
| Travis County, Texas, N 29°13'58" E a distance of 2,831.88 feet to a | ||
| 1/2-inch iron rod with cap stamped "BGE INC" set for an angle point | ||
| of the herein described tract; | ||
| THENCE, continuing with the east line of said BRIARCLIFF, | ||
| SECTION 16, N 27°23'59" E a distance of 818.51 feet to a 1/2-inch | ||
| iron rod with cap stamped "BGE INC" set for an angle point of the | ||
| herein described tract; | ||
| THENCE, with the east line of BRIARCLIFF, INC., SECTION 8, a | ||
| subdivision as recorded in Volume 37, Page 36 of the Plat Records of | ||
| Travis County, Texas, N 24°52'52" E a distance of 690.22 feet to a | ||
| 1/2-inch iron rod with cap stamped "BGE INC" set for an angle point | ||
| of the herein described tract; | ||
| THENCE, continuing with the east line of said BRIARCLIFF, | ||
| SECTION 8, N 24°25'53" W a distance of 34.88 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| THENCE, continuing with the east line of said BRIARCLIFF, | ||
| SECTION 8, N 26°32'24" E distance of 994.15 feet to a 1/2-inch iron | ||
| rod found on the east line of BRIARCLIFF, SECTION 4, a subdivision | ||
| as recorded in Volume 35, Page 27 of the Plat Records of Travis | ||
| County, Texas, for an angle point of the herein described tract; | ||
| THENCE, with the east line of said BRIARCLIFF, SECTION 4, N | ||
| 26°27'59" E, pass a 1/2-inch iron rod found at the common east corner | ||
| of Lots 836 & 837, both of said BRIARCLIFF, SECTION 4 at a distance | ||
| of 947.98 feet, and continuing on for a total distance of 1,300.74 | ||
| feet to a calculated point (inundated) on the approximate south | ||
| bank of the Colorado River; | ||
| THENCE, with the approximate south bank of the Colorado | ||
| River, the following five (5) courses: | ||
| 1) S 61°58'44" E a distance of 325.40 feet to a calculated | ||
| angle point (inundated); | ||
| 2) S 73°06'44" E a distance of 576.30 feet to a calculated | ||
| angle point (inundated); | ||
| 3) S 78°24'47" E a distance of 1,021.72 feet to a calculated | ||
| angle point (inundated); | ||
| 4) S 76°04'44" E a distance of 652.20 feet to a calculated | ||
| angle point (inundated); and | ||
| 5) S 78°15'44" E a distance of 279.30 feet to a calculated | ||
| point (inundated) for the northeast corner of the herein described | ||
| tract; | ||
| THENCE, with the east line of said Holmes Family Properties | ||
| 91.97-acre tract, S 28°50'35" W, pass a cotton gin spindle found on | ||
| the northerly right-of-way line of Johnson Way (34' R.O.W.) at the | ||
| southwest corner of Lot 26-A of TOLLETT LAKESIDE, a subdivision as | ||
| recorded in Document Number 200900087 of the Official Public | ||
| Records of Travis County, Texas at a distance of 267.31 feet, and | ||
| continuing on for a total distance of 611.65 feet to a 1/2-inch iron | ||
| rod found at the common west corner of Lot 29 and Lot 119, both of | ||
| LAKEWOOD ESTATES, a subdivision as recorded in Volume 4, Page 347 of | ||
| the Plat Records of Travis County, Texas, for an angle point of the | ||
| herein described tract; | ||
| THENCE, continuing with the westerly line of said LAKEWOOD | ||
| ESTATES, S 28°41'52" W a distance of 357.26 feet to a 1/2-inch iron | ||
| rod found at the common west corner of Lot 120 and Lot 121, both of | ||
| said LAKEWOOD ESTATES, for an angle point of the herein described | ||
| tract; | ||
| THENCE, continuing with the westerly line of said LAKEWOOD | ||
| ESTATES, S 27°56'46" W a distance of 139.27 feet to a 1/2-inch iron | ||
| rod found at the southwest corner of said Lot 121, and the northwest | ||
| corner of a called 55.355 acre tract as conveyed to David N. Leonard | ||
| and Beverly K. Leonard by deed recorded in Document Number | ||
| 1999032790 of the Official Public Records of Travis County, Texas, | ||
| for an angle point of the herein described tract; | ||
| THENCE, with the westerly line of said 55.355 acre tract, S | ||
| 28°46'18" W a distance of 2,694.96 feet to a 1/2-inch iron rod with | ||
| cap stamped "BGE INC" set on the northwesterly right-of-way line of | ||
| Thurman Bend Drive (variable width R.O.W.) at the most southerly | ||
| corner of said 55.355 acre tract, also being the most northerly | ||
| corner of a called 17.19 acre tract (Tract 4) as conveyed to Duke | ||
| Covert, Rox Covert and Danay Covert by deed recorded in Document | ||
| Number 2009148814 of the Official Public Records of Travis County, | ||
| Texas, for an angle point of the herein described tract; | ||
| THENCE, with the westerly line of said Covert 17.19-acre | ||
| tract, generally along the westerly right-of-way line of said | ||
| Thurman Bend Road, the following seven (7) courses: | ||
| 1) S 53°39'33" W a distance of 313.72 feet to a 1/2-inch iron | ||
| rod with cap stamped "MCANGUS" found for an angle point; | ||
| 2) S 31°56'29" W a distance of 289.95 feet to a 1/2-inch iron | ||
| rod with cap stamped "HOLLAND 5421" found for an angle point; | ||
| 3) S 58°00'48" W a distance of 685.63 feet to a 1/2-inch iron | ||
| rod found for an angle point; | ||
| 4) S 24°05'16" W a distance of 339.48 feet to a 1/2-inch iron | ||
| rod with an unreadable cap found for an angle point; | ||
| 5) S 38°14'34" W a distance of 152.19 feet to a 1/2-inch iron | ||
| rod with cap stamped "MCANGUS" found for an angle point; | ||
| 6) S 82°17'19" W a distance of 156.39 feet to a 1/2-inch iron | ||
| rod with cap stamped "MCANGUS" found for an angle point; and | ||
| 7) S 50°52'31" W a distance of 353.81 feet to a 1/2-inch iron | ||
| rod found at the most westerly corner of said 17.19 acre tract, for | ||
| an angle point of the herein described tract; | ||
| THENCE N 61°39'04" W a distance of 10.45 feet to a 1/2-inch | ||
| iron rod with cap stamped "BGE INC" set on the fence line, for an | ||
| angle point of the herein described tract; | ||
| THENCE, with the westerly right-of-way line of Thurman Bend | ||
| Road, as fenced and occupied, the following sixty-three (63) | ||
| courses: | ||
| 1) S 44°26'04" W a distance of 297.04 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 2) S 41°03'16" W a distance of 197.05 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 3) S 43°26'55" W a distance of 49.50 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 4) S 27°43'41" W a distance of 348.34 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 5) S 29°28'52" W a distance of 52.95 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 6) S 32°25'05" W a distance of 546.23 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 7) S 45°33'25" W a distance of 53.55 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 8) S 54°54'50" W a distance of 49.51 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 9) S 57°43'20" W a distance of 71.99 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 10) S 74°31'08" W a distance of 191.75 feet to a 1/2-inch | ||
| iron rod with cap stamped "BGE INC" set for an angle point of the | ||
| herein described tract; | ||
| 11) S 55°46'59" W a distance of 87.20 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 12) S 45°24'20" W a distance of 49.76 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 13) S 36°36'48" W a distance of 50.34 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 14) S 29°25'07" W a distance of 50.74 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 15) S 24°01'39" W a distance of 49.68 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 16) S 18°19'15" W a distance of 49.57 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 17) S 14°56'24" W a distance of 50.41 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 18) S 12°21'27" W a distance of 74.30 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 19) S 8°52'15" W a distance of 76.67 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 20) S 7°05'12" W a distance of 99.04 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 21) S 22°39'51" W a distance of 61.00 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 22) S 22°17'41" W a distance of 49.73 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 23) S 28°52'50" W a distance of 49.96 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 24) S 39°15'52" W a distance of 49.76 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 25) S 42°17'55" W a distance of 49.40 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 26) S 44°31'52" W a distance of 98.69 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 27) S 45°24'48" W a distance of 202.31 feet to a 1/2-inch | ||
| iron rod with cap stamped "BGE INC" set for an angle point of the | ||
| herein described tract; | ||
| 28) S 45°29'07" W a distance of 236.83 feet to a 1/2-inch | ||
| iron rod with cap stamped "BGE INC" set for an angle point of the | ||
| herein described tract; | ||
| 29) S 43°53'51" W a distance of 58.87 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 30) S 42°54'12" W a distance of 63.79 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 31) S 39°30'06" W a distance of 88.70 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 32) S 37°08'19" W a distance of 99.24 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 33) S 39°41'30" W a distance of 49.74 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 34) S 44°14'46" W a distance of 38.35 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 35) S 47°53'06" W a distance of 61.83 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 36) S 62°41'19" W a distance of 49.57 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 37) S 66°55'46" W a distance of 59.95 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 38) S 77°22'59" W a distance of 84.72 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 39) N 86°39'49" W a distance of 67.13 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 40) N 84°34'57" W a distance of 99.57 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 41) S 88°01'41" W a distance of 49.63 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 42) S 83°21'35" W a distance of 50.04 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 43) S 72°32'24" W a distance of 51.43 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 44) S 66°26'49" W a distance of 98.42 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 45) S 61°44'38" W a distance of 99.95 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 46) S 58°54'33" W a distance of 50.04 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 47) S 55°52'21" W a distance of 73.36 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 48) S 48°41'46" W a distance of 64.07 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 49) S 44°53'32" W a distance of 75.46 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 50) S 46°48'00" W a distance of 69.88 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 51) S 52°38'00" W a distance of 34.76 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 52) S 66°50'28" W a distance of 212.58 feet to a 1/2-inch | ||
| iron rod with cap stamped "BGE INC" set for an angle point of the | ||
| herein described tract; | ||
| 53) S 60°27'06" W a distance of 61.80 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 54) S 52°39'13" W a distance of 50.08 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 55) S 41°57'31" W a distance of 49.43 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 56) S 32°52'48" W a distance of 40.00 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 57) S 27°25'22" W a distance of 62.12 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 58) S 15°46'58" W a distance of 49.62 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 59) S 5°22'55" W a distance of 49.46 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 60) S 4°29'07" E a distance of 192.63 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 61) S 1°27'53" E a distance of 644.13 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; | ||
| 62) S 0°50'14" E a distance of 50.06 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set for an angle point of the herein | ||
| described tract; and | ||
| 63) S 63°23'19" W a distance of 30.19 feet to a 1/2-inch iron | ||
| rod with cap stamped "BGE INC" set at the intersection with the | ||
| northerly right-of-way line of said Bee Creek Road, for the most | ||
| southerly southeast corner of the herein described tract; | ||
| THENCE, with the northerly right-of-way line of said Bee | ||
| Creek Road, as fenced, N 61°44'18" W a distance of 134.97 feet to a | ||
| 1/2-inch iron rod with cap stamped "BGE INC" set at the southeast | ||
| corner of a called 1625 square foot tract of land as conveyed to | ||
| Travis County, Texas, for roadway purposes by instrument recorded | ||
| in Volume 11518, Page 294 of the Real Property Records of Travis | ||
| County, Texas, for an angle point of the herein described tract; | ||
| THENCE, with the northerly line of said 1625 square foot | ||
| right-of-way tract, N 47°39'36" W a distance of 161.00 feet to a | ||
| 1/2-inch iron rod with cap stamped "BGE INC" set at the northwest | ||
| corner of said 1625 square foot tract, for an angle point of the | ||
| herein described tract; | ||
| THENCE, with the northerly right-of-way line of said Bee | ||
| Creek Road, generally as fenced, N 33°35'00" W a distance of 704.61 | ||
| feet to the POINT OF BEGINNING and containing 479.689 acres of land, | ||
| more or less. | ||
| SECTION 3. (a) The legal notice of the intention to | ||
| introduce this Act, setting forth the general substance of this | ||
| Act, has been published as provided by law, and the notice and a | ||
| copy of this Act have been furnished to all persons, agencies, | ||
| officials, or entities to which they are required to be furnished | ||
| under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
| Government Code. | ||
| (b) The governor, one of the required recipients, has | ||
| submitted the notice and Act to the Texas Commission on | ||
| Environmental Quality. | ||
| (c) The Texas Commission on Environmental Quality has filed | ||
| its recommendations relating to this Act with the governor, the | ||
| lieutenant governor, and the speaker of the house of | ||
| representatives within the required time. | ||
| (d) All requirements of the constitution and laws of this | ||
| state and the rules and procedures of the legislature with respect | ||
| to the notice, introduction, and passage of this Act are fulfilled | ||
| and accomplished. | ||
| SECTION 4. (a) If this Act does not receive a two-thirds | ||
| vote of all the members elected to each house, Subchapter C, Chapter | ||
| 7950A, Special District Local Laws Code, as added by Section 1 of | ||
| this Act, is amended by adding Section 7950A.0307 to read as | ||
| follows: | ||
| Sec. 7950A.0307. NO EMINENT DOMAIN POWER. The district may | ||
| not exercise the power of eminent domain. | ||
| (b) This section is not intended to be an expression of a | ||
| legislative interpretation of the requirements of Section 17(c), | ||
| Article I, Texas Constitution. | ||
| SECTION 5. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2021. | ||
