Bill Text: TX SB768 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the creation of the Rio de Vida Municipal Utility District No. 1; providing authority to impose a tax and issue bonds.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2011-06-17 - Effective immediately [SB768 Detail]

Download: Texas-2011-SB768-Enrolled.html

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S.B. No. 768

AN ACT
relating to the creation of the Rio de Vida Municipal Utility
District No. 1; providing authority to impose a tax and issue bonds.
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 8379 to read as follows:
CHAPTER 8379. RIO DE VIDA MUNICIPAL UTILITY
DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8379.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Austin, Texas.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "County" means Travis County.
(5) "Director" means a board member.
(6) "District" means the Rio de Vida Municipal Utility
District No. 1.
Sec. 8379.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8379.003. 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 in Section 8379.051 and Section 49.102, Water
Code.
Sec. 8379.004. CONSENT OF CITY REQUIRED; ENFORCEABILITY OF
CONSENT AGREEMENT. (a) The temporary directors may not hold an
election under Section 8379.003 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 under this section before September 1, 2012:
(1) the district is dissolved September 1, 2012,
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 expires September 1, 2012.
Sec. 8379.005. 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;
(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; and
(3) Section 52-a, Article III, Texas Constitution.
(c) 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.
Sec. 8379.006. 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.
Sec. 8379.007. ELIGIBILITY FOR INCLUSION IN TAX ABATEMENT
REINVESTMENT ZONE. All or any part of the area of the district is
eligible to be included in a tax abatement reinvestment zone under
Chapter 312, Tax Code.
[Sections 8379.008-8379.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8379.051. GOVERNING BODY; TERMS. (a) Except as
provided by Subsection (b), the district is governed by a board of
five elected directors.
(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; and
(2) one director appointed by the governing body of
the municipality.
(c) A director appointed under Subsection (b)(2) is not
required to be a qualified voter of the district or to own land
subject to taxation in the district.
(d) Except as provided by Section 8379.052, directors serve
staggered four-year terms. A permanent director may not serve more
than two four-year terms.
(e) The common law doctrine of incompatibility of office
does not disqualify an official or employee of a 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.
Sec. 8379.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Jeff Frank;
(2) Gordon Westergren;
(3) Steve Soward;
(4) Clint Walker; and
(5) Rob Riviere.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8379.003; 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 8379.003 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 8379.003; 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.
[Sections 8379.053-8379.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8379.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8379.102. 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. 8379.103. 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. 8379.104. 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. 8379.105. COMPLIANCE WITH MUNICIPAL CONSENT
AGREEMENT, 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 the city related
to the city's consent to the creation of the district is valid and
enforceable.
(c) On the issuance of bonds, the district is considered to
have acknowledged and consented to the exercise of the city's
authority as to actions taken by the city under Section 54.016(g),
Water Code.
Sec. 8379.106. CONTRACT TO FURTHER REGIONAL COOPERATION.
The district and city may contract on terms that the board and
governing body of the city agree will further regional cooperation
between the district and city.
Sec. 8379.107. ECONOMIC DEVELOPMENT. (a) Before
exercising a power under this section, the district must obtain the
city's consent.
(b) The district may engage in activities that accomplish
the economic development purposes of the district.
(c) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(d) The district may create economic development programs
and exercise the economic development powers that Chapter 380,
Local Government Code, provides to a municipality.
Sec. 8379.108. MASS GRADING AND IMPROVEMENTS TO LAND IN THE
DISTRICT. The district may construct, acquire, improve, maintain,
finance, or operate a facility or improvement related to reclaiming
or grading land in the district.
Sec. 8379.109. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
[Sections 8379.110-8379.150 reserved for expansion]
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8379.151. DIVISION OF DISTRICT; PREREQUISITES. The
district may be divided into two or more new districts only if the
district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
Sec. 8379.152. LAW APPLICABLE TO NEW DISTRICT. This
chapter applies to any new district created by division of the
district, and a new district has all the powers and duties of the
district.
Sec. 8379.153. LIMITATION ON AREA OF NEW DISTRICT. 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.
Sec. 8379.154. CONSENT OF MUNICIPALITY OR COUNTY. (a) If
the district is located wholly or partly in the corporate limits or
the extraterritorial jurisdiction of a municipality, the district
may not divide under this subchapter unless the municipality by
resolution or ordinance first consents to the division of the
district.
(b) If the district is not located wholly or partly in the
corporate limits or the extraterritorial jurisdiction of a
municipality, the district may not divide under this subchapter
unless the commissioners court of each county in which the district
is wholly or partly located first adopts a resolution or order in
support of the division of the district.
Sec. 8379.155. DIVISION PROCEDURES. (a) 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.
(b) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8379.003 to confirm the district's creation.
(c) An order dividing the district must:
(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.
(d) 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.
Sec. 8379.156. TAX OR BOND ELECTION. Before a new district
created by the division of the district may impose a sales and use
tax or an operation and maintenance tax or issue bonds payable
wholly or partly from ad valorem taxes, the new district must hold
an election as required by this chapter.
[Sections 8379.157-8379.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8379.201. 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 8379.203.
(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. 8379.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8379.201, 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
city under Section 8379.106, the total ad valorem tax rate of the
district may not be less than the total ad valorem tax rate of the
city.
Sec. 8379.203. 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. 8379.204. APPROVAL BY CITY OF CAPITAL IMPROVEMENTS
BUDGET. If the district obtains approval from 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.
[Sections 8379.205-8379.250 reserved for expansion]
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
Sec. 8379.251. 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, sales and use taxes, hotel occupancy taxes, contract
payments, grants, or other district money, or any combination of
those sources, to pay for any authorized district purpose.
Sec. 8379.252. 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. 8379.253. 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.
Sec. 8379.254. BONDS FOR RECREATIONAL FACILITIES. 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.
SUBCHAPTER G. SALES AND USE TAX
Sec. 8379.301. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
computation, administration, enforcement, and collection of the
sales and use tax authorized by this subchapter except to the extent
Chapter 321, Tax Code, is inconsistent with this chapter.
(b) A reference in Chapter 321, Tax Code, to a municipality
or the governing body of a municipality is a reference to the
district or the board, respectively.
Sec. 8379.302. ELECTION; ADOPTION OF TAX. (a) The
district may adopt a sales and use tax if:
(1) the city consents to the adoption of the tax; and
(2) the tax is authorized by a majority of the voters
of the district voting at an election held for that purpose.
(b) Subject to city consent under Subsection (a), the board
by order may call an election to authorize the adoption of the sales
and use tax. The election may be held on any uniform election date
and in conjunction with any other district election.
(c) The district shall provide notice of the election and
shall hold the election in the manner prescribed by Section
8379.201.
(d) The ballot shall be printed to provide for voting for or
against the proposition: "Authorization of a sales and use tax in
the (insert name of district or name of new district created under
Subchapter D) at a rate not to exceed ____ percent" (insert rate of
one or more increments of one-eighth of one percent).
Sec. 8379.303. SALES AND USE TAX RATE. (a) Not later than
the 10th day after the date the results are declared of an election
held under Section 8379.302, at which the voters approved
imposition of the tax authorized by this subchapter, the board
shall determine the initial rate of the tax, which must be in one or
more increments of one-eighth of one percent.
(b) After the election held under Section 8379.302, the
board may decrease the rate of the tax by one or more increments of
one-eighth of one percent. The board may not decrease the rate of
the tax if the decrease would impair the repayment of any
outstanding debt or obligation payable from the tax.
(c) The rate of the tax may not exceed the lesser of:
(1) the maximum rate authorized by the district voters
at the election held under Section 8379.302; or
(2) a rate that, when added to the rates of all sales
and use taxes imposed by other political subdivisions with
territory in the district, would result in the maximum combined
rate prescribed by Section 321.101(f), Tax Code, at any location in
the district.
(d) The board shall notify the comptroller of any changes
made to the tax rate in the same manner the municipal secretary
provides notice to the comptroller under Section 321.405(b), Tax
Code.
Sec. 8379.304. USE OF REVENUE. Revenue from the sales and
use tax imposed under this subchapter is for the use and benefit of
the district and may be used for any district purpose. The district
may pledge all or part of the revenue to the payment of bonds,
notes, or other obligations, and that pledge of revenue may be in
combination with other revenue, including tax revenue, available to
the district.
Sec. 8379.305. ABOLITION OF TAX. (a) The board may
abolish the tax imposed under this subchapter without an election.
(b) If the board abolishes the tax, the board shall notify
the comptroller of that action in the same manner the municipal
secretary provides notice to the comptroller under Section
321.405(b), Tax Code.
(c) If the board abolishes the tax or decreases the tax rate
to zero, a new election to authorize a sales and use tax must be held
under Section 8379.302 before the district may subsequently impose
the tax.
[Sections 8379.306-8379.350 reserved for expansion]
SUBCHAPTER H. HOTEL OCCUPANCY TAX
Sec. 8379.351. DEFINITION. In this subchapter, "hotel" has
the meaning assigned by Section 156.001, Tax Code.
Sec. 8379.352. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) In this subchapter:
(1) a reference in Subchapter A, Chapter 352, Tax
Code, to a county is a reference to the district; and
(2) a reference in Subchapter A, Chapter 352, Tax
Code, to the commissioners court is a reference to the board.
(b) Except as inconsistent with this subchapter, Subchapter
A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized
by this subchapter, including the collection of the tax, subject to
the limitations prescribed by Sections 352.002(b) and (c), Tax
Code.
Sec. 8379.353. TAX AUTHORIZED; USE OF REVENUE. (a) The
district may not impose a hotel occupancy tax unless the city
consents to the imposition.
(b) The district may impose the hotel occupancy tax for:
(1) any purpose authorized under Chapter 351, Tax
Code; or
(2) the construction, operation, or maintenance of a
sports-related facility of the district that:
(A) has a notable impact on tourism and hotel
activity; and
(B) is available to the public.
Sec. 8379.354. TAX RATE. The amount of the hotel occupancy
tax may not exceed seven percent of the price paid for a room in a
hotel.
Sec. 8379.355. INFORMATION. The district may examine and
receive information related to the imposition of hotel occupancy
taxes to the same extent as if the district were a county.
[Sections 8379.356-8379.400 reserved for expansion]
SUBCHAPTER I. MUNICIPAL ANNEXATION AND DISSOLUTION
Sec. 8379.401. APPLICABILITY OF LAW ON ANNEXATION OF
DISTRICT. (a) The district is a "water or sewer district" for the
purposes of Section 43.071, Local Government Code.
(b) Sections 43.0561 and 43.0562, Local Government Code, do
not apply to the annexation of the district.
Sec. 8379.402. APPLICABILITY OF LAW ON WATER-RELATED
SPECIAL DISTRICT THAT BECOMES PART OF NOT MORE THAN ONE
MUNICIPALITY. Section 43.075, Local Government Code, applies to
the district.
Sec. 8379.403. 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 an
original or renewed 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. 8379.404. NOTICE OF FUTURE CITY ANNEXATION REQUIRED.
(a) Not later than the 30th day after the date the city consents to
the creation of the district and to the inclusion of land in the
district under Section 8379.004(a), the city shall file, in the
real property records of the county, a notice to a purchaser of real
property in the district that describes:
(1) the city's authority and intention to annex the
district; and
(2) the anticipated date of the annexation.
(b) After the notice is filed, a person who proposes to sell
or otherwise convey real property in the district must provide a
copy of the notice to a purchaser of the property before selling or
conveying the property to the purchaser.
SECTION 2. The Rio de Vida Municipal Utility District No. 1
initially includes all the territory contained in the following
area:
ALL THAT CERTAIN PARCEL OR TRACT OF LAND OUT OF THE REUBEN
HORNSBY SURVEY NO. 17, JOSEPH DUTY SURVEY NO. 20 AND THE JOHN
BURLESON SURVEY NO. 33, TRAVIS COUNTY, TEXAS; BEING ALL OF THE
FOLLOWING TRACTS OF LAND AS CONVEYED TO TXI OPERATIONS, L.P. BY
DEEDS RECORDED IN THE REAL PROPERTY RECORDS OF TRAVIS COUNTY,
TEXAS: A 353.08-ACRE TRACT (TO BE KNOWN AS PARCEL 01-1) AND A
65.12-ACRE TRACT (TO BE KNOWN AS PARCEL 01-2) IN VOLUME 12448, PAGE
737 AND VOLUME 13170, PAGE 656; A 65.12-ACRE TRACT (TO BE KNOWN AS
PARCEL 01-2) IN VOLUME 13170, PAGE 656; A 102.188-ACRE TRACT
(PARCEL NO. 1) (TO BE KNOWN AS PARCEL 02-1), A 29.008-ACRE TRACT
(PARCEL NO. 2) (TO BE KNOWN AS PARCEL 02-2) AND A 10.743-ACRE TRACT
(PARCEL NO. 3) (TO BE KNOWN AS PARCEL 02-3) IN VOLUME 12593, PAGE
2001; A 22.911-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 04-1) IN
VOLUME 11985, PAGE 1238 AND VOLUME 13170, PAGE 656; A 19.253-ACRE
TRACT (PARCEL 3) (TO BE KNOWN AS PARCEL 05-1), A 4.591-ACRE TRACT
(PARCEL 1) (TO BE KNOWN AS PARCEL 06-1) AND A 16.931-ACRE TRACT
(PARCEL 2) (TO BE KNOWN AS PARCEL 06-2) IN VOLUME 13304, PAGE 3306;
A 52.487-ACRE TRACT (TO BE KNOWN AS PARCEL 08-1) IN VOLUME 13088,
PAGE 429; A PORTION OF A 6.605-ACRE TRACT (TRACT 1) (TO BE KNOWN AS
PARCEL 08-2) AND A 5.411-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL
12-1) IN VOLUME 13088, PAGE 421; A 51.32-ACRE TRACT (TO BE KNOWN AS
PARCEL 10-1) IN VOLUME 12703, PAGE 411 AND VOLUME 13170, PAGE 656; A
6.262-ACRE TRACT (TO BE KNOWN AS PARCEL 11-1) IN VOLUME 12835, PAGE
1489; A 22.967-ACRE TRACT (TO BE KNOWN AS PARCEL 13-1) IN VOLUME
9872, PAGE 77 AND VOLUME 13170, PAGE 656; A 14.272-ACRE TRACT (TRACT
8) (TO BE KNOWN AS PARCEL 14-1), A 21.100-ACRE TRACT (TRACT 9) (TO
BE KNOWN AS PARCEL 15-1), A 32.738-ACRE TRACT (TRACT 17) (TO BE
KNOWN AS PARCEL 17-1), A 8.051-ACRE TRACT (TRACT 12) (TO BE KNOWN AS
PARCEL 18-1), A 9.744-ACRE TRACT (TRACT 13) (TO BE KNOWN AS PARCEL
18-2), A 9.752-ACRE TRACT (TRACT 14) (TO BE KNOWN AS PARCEL 18-3), A
15.981-ACRE TRACT (TRACT 15) (TO BE KNOWN AS PARCEL 18-4), A
19.127-ACRE TRACT (TRACT 16) (TO BE KNOWN AS PARCEL 18-5), A
10.274-ACRE TRACT (TRACT 10) (TO BE KNOWN AS PARCEL 21-1), A
9.825-ACRE TRACT (TRACT 11) (TO BE KNOWN AS PARCEL 21-2), A PORTION
OF A 44.586-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 23-1), A
PORTION OF A 15.959-ACRE TRACT (TRACT 7) (TO BE KNOWN AS PARCEL
23-2), A PORTION OF A 15.946-ACRE TRACT (TRACT 6) (TO BE KNOWN AS
PARCEL 23-3) AND A PORTION OF A 14.135-ACRE TRACT (TRACT 3) (TO BE
KNOWN AS PARCEL 28-1) IN VOLUME 12326, PAGE 1154 AND VOLUME 13170,
PAGE 656; A 30.531-ACRE TRACT (TO BE KNOWN AS PARCEL 16-1) IN VOLUME
10967, PAGE 1219 AND VOLUME 13170, PAGE 656; A 30.531-ACRE TRACT (TO
BE KNOWN AS PARCEL 16-1) IN VOLUME 10967, PAGE 1219 AND VOLUME
13170, PAGE 656; A 45.874-ACRE TRACT (TO BE KNOWN AS PARCEL 19-1) IN
VOLUME 12270, PAGE 1633 AND VOLUME 13170, PAGE 656; A 13.853-ACRE
TRACT (TO BE KNOWN AS PARCEL 20-1) IN VOLUME 12326, PAGE 1149 AND
VOLUME 13170, PAGE 656; A PORTION OF A 32.403-ACRE TRACT (TRACT 4)
(TO BE KNOWN AS PARCEL 22-1) AND A PORTION OF A 50.388-ACRE TRACT
(TRACT 1) (TO BE KNOWN AS PARCEL 28-2) IN VOLUME 12326, PAGE 1109
AND VOLUME 13170, PAGE 656; AND A 83.838-ACRE TRACT (TO BE KNOWN AS
PARCEL 27-1) IN VOLUME 11955, PAGE 972 AND VOLUME 13170, PAGE 656;
AND ALSO BEING ALL OF THE FOLLOWING TRACTS OF LAND AS CONVEYED TO
TXI OPERATIONS, L.P. BY DEEDS RECORDED IN THE OFFICIAL PUBLIC
RECORDS OF TRAVIS COUNTY, TEXAS: A 49.994-ACRE TRACT (TRACT 1) (TO
BE KNOWN AS PARCEL 03-1), A PORTION OF A 85.957-ACRE TRACT (TRACT 2)
(TO BE KNOWN AS PARCEL 03-2), A PORTION OF A 41.043-ACRE TRACT
(TRACT 3) (TO BE KNOWN AS PARCEL 03-3), A 69.542-ACRE TRACT (TRACT
4) (TO BE KNOWN AS PARCEL 03-4), A 55.299-ACRE TRACT (TRACT 5) (TO
BE KNOWN AS PARCEL 03-5), A PORTION OF A 33.214-ACRE TRACT (TO BE
KNOWN AS PARCEL 03-6) AND A 39.355-ACRE TRACT (TRACT 6) (TO BE KNOWN
AS PARCEL 03-7) IN DOCUMENT NO. 1999152526; A 223.497-ACRE TRACT
(TO BE KNOWN AS PARCEL 07-1) IN DOCUMENT NO. 2005002939; A
194.824-ACRE TRACT (TRACT A) (TO BE KNOWN AS PARCEL 09-1) AND A
67.418-ACRE TRACT (TRACT B) (TO BE KNOWN AS PARCEL 09-2) IN DOCUMENT
NO. 2005007841; PORTIONS OF A 101.697-ACRE TRACT (TRACT 1) AND A
14.054-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 24-1) IN DOCUMENT
NO. 1999148757; A 39.462-ACRE TRACT (TO BE KNOWN AS PARCEL 25-1) IN
DOCUMENT NO. 2006133198; AND A 33.35-ACRE TRACT (TO BE KNOWN AS
PARCEL 26-1) IN DOCUMENT NO. 2005007845; AND BEING MORE
PARTICULARLY DESCRIBED IN FIVE (5) TRACTS BY METES AND BOUNDS AS
FOLLOWS:
TRACT 1
BEGINNING at a calculated point at the intersection of the
north bank of the Colorado River and the east right-of-way line of
State Highway No. 130, at the southwest corner of the
above-described Parcel 09-1, for the southwest corner and POINT OF
BEGINNING of the herein described tract;
THENCE, with the east right-of-way line of said State Highway
No. 130, the following seven (7) courses:
1) N08°37'24"W a distance of 537.28 feet to a calculated
angle point;
2) N01°34'38"W a distance of 3,468.10 feet to a calculated
angle point;
3) N59°15'05"E a distance of 166.15 feet to a calculated
angle point;
4) N08°13'09"E a distance of 547.29 feet to a calculated
angle point;
5) N52°30'09"W a distance of 138.99 feet to a calculated
non-tangent point of curvature of a curve to the right;
6) Along said curve to the right an arc distance of 1,274.92
feet, having a radius of 3,458.72 feet, and a chord which bears
N19°25'33"E a distance of 1,267.71 feet to a calculated point of
tangency; and
7) N29°59'08"E a distance of 421.69 feet to a calculated
point at the northwest corner of said Parcel 09-1;
THENCE, with the north line of said Parcel 09-1, the
following three (3) courses:
1) S60°37'51"E a distance of 116.20 feet to a to a calculated
point;
2) N29°22'09"E a distance of 83.70 feet to a calculated
point; and
3) S60°41'35"E a distance of 416.71 feet to a calculated
point on the west line of the above-described Parcel 01-1 at the
most northerly northeast corner of said Parcel 09-1;
THENCE, with the west line of said Parcel 01-1, the following
five (5) courses:
1) N27°20'56"E a distance of 39.85 feet to a calculated angle
point;
2) N49°43'26"E a distance of 65.85 feet to a calculated angle
point;
3) N27°21'16"E a distance of 619.40 feet to a calculated
point at an inside corner of said Parcel 01-1;
4) N62°38'24"W a distance of 5.00 feet to a calculated point
at an outside corner of said Parcel 01-1; and
5) N27°21'36"E a distance of 617.35 feet to a calculated
point on the south line of the above-described Parcel 16-1 at the
northwest corner of said Parcel 01-1;
THENCE N62°22'51"W a distance of 40.60 feet to a calculated
point on the east line of the above-described Parcel 23-1;
THENCE, with the east line of said Parcel 23-1, the following
four (4) courses:
1) S27°22'35"W a distance of 618.29 feet to a calculated
point for an outside corner of said Parcel 23-1;
2) N62°37'49"W a distance of 5.00 feet to a calculated point
for an inside corner of said Parcel 23-1;
3) S27°22'11"W a distance of 618.51 feet to a calculated
angle point; and
4) S73°40'29"W a distance of 69.55 feet to a calculated point
at the southeast corner of said Parcel 23-1;
THENCE, with the south line of said Parcel 23-1, N60°41'02"W a
distance of 339.91 feet to a calculated point on the east
right-of-way line of State Highway No. 130 at the southwest corner
of said Parcel 23-1;
THENCE, with the east right-of-way line of said State Highway
No. 130, the following three (3) courses:
1) N30°02'29"E a distance of 1,101.68 feet to a calculated
angle point;
2) N20°27'12"E a distance of 2,012.40 feet to a calculated
angle point; and
3) N27°27'12"E a distance of 432.97 feet to a calculated
point at the northwest corner of the above-described Parcel 23-3;
THENCE, with the north line of said Parcel 23-3, S62°04'21"E a
distance of 608.26 feet to a calculated point on the west line of
the above-described Parcel 14-1 at the northeast corner of said
Parcel 23-3;
THENCE, with the west line of said Parcel 14-1, N27°45'52"E a
distance of 393.68 feet to a calculated point at the northwest
corner of said Parcel 14-1, also being the most westerly southwest
corner of the above-described Parcel 01-2;
THENCE, with the west line of said Parcel 01-2, N28°07'17"E a
distance of 224.92 feet to a calculated point at the southeast
corner of the above-described Parcel 24-1;
THENCE, with the south line of said Parcel 24-1, N62°34'20"W a
distance of 613.00 feet to a calculated point on the east
right-of-way line of said State Highway No. 130 at the southwest
corner of said Parcel 24-1;
THENCE, with the east right-of-way line of said State Highway
No. 130, the following nine (9) courses:
1) N27°27'12"E a distance of 1,672.04 feet to a calculated
angle point;
2) N32°27'12"E a distance of 1,894.71 feet to a calculated
angle point;
3) N29°36'58"E a distance of 516.40 feet to a calculated
point;
4) S61°16'47"E a distance of 91.29 feet to a calculated
point;
5) N33°24'29"E a distance of 576.93 feet to a calculated
point;
6) N61°16'47"W a distance of 126.37 feet to a calculated
point;
7) N26°30'22"E a distance of 430.28 feet to a calculated
point;
8) N61°16'47"W a distance of 56.58 feet to a calculated
point; and
9) N27°27'30"E a distance of 956.84 feet to a calculated
point at the intersection with the south right-of-way line of FM
Highway No. 969, also being the northwest corner of said Parcel
24-1;
THENCE, with the south right-of-way line of said FM Highway
No. 969, the following six (6) courses:
1) S64°07'08"E a distance of 395.49 feet to a calculated
point;
2) S22°48'20"W a distance of 61.04 feet to a calculated
point;
3) S67°11'40"E a distance of 110.00 feet to a calculated
point;
4) N22°48'20"E a distance of 60.54 feet to a calculated
point;
5) S77°33'00"E a distance of 201.73 feet to a calculated
angle point; and
6) S65°03'31"E a distance of 381.97 feet to a calculated
point at the northeast corner of the above-described Parcel 08-2;
THENCE, with the east line of said Parcel 08-2, S12°49'01"W a
distance of 1,365.75 feet to a calculated point at an inside corner
of the above-described Parcel 02-1;
THENCE, with the north line of said Parcel 02-1, S62°34'57"E a
distance of 947.19 feet to a calculated point at the most easterly
northeast corner of said Parcel 02-1;
THENCE, with the east line of said Parcel 02-1, S27°12'42"W a
distance of 1,350.79 feet to a calculated angle point;
THENCE, continuing with the east line of said Parcel 02-1,
S27°42'57"W a distance of 1,658.43 feet to a calculated point at the
northeast corner of said Parcel 01-2;
THENCE, with the east line of said Parcel 01-2, S27°36'56"W a
distance of 1,486.26 feet to a calculated point at an outside corner
of said Parcel 01-2 on the north line of the above-described Parcel
04-1;
THENCE, with the north line of said Parcel 04-1, S62°13'13"E a
distance of 697.01 feet to a calculated point at the northeast
corner of said Parcel 04-1, also being the northwest corner of the
above-described Parcel 19-1;
THENCE, with the north line of said Parcel 19-1, S62°14'53"E a
distance of 461.49 feet to a calculated point at the southwest
corner of the above-described Parcel 10-1;
THENCE, with the west line of said Parcel 10-1, N27°49'54"E a
distance of 3,150.15 feet to a calculated point at the northwest
corner of said Parcel 10-1;
THENCE, with the north line of said Parcel 10-1, S62°43'06"E a
distance of 710.22 feet to a calculated point at the northeast
corner of said Parcel 10-1;
THENCE, with the east line of said Parcel 10-1, S27°52'34"W a
distance of 3,156.02 feet to a calculated point at the southeast
corner of said Parcel 10-1, also being the northwest corner of the
above-described Parcel 06-1;
THENCE, with the north line of said Parcel 06-1, S61°04'03"E a
distance of 289.04 feet to a calculated point at the northwest
corner of the above-described Parcel 12-1;
THENCE, with the north line of said Parcel 12-1, S63°22'55"E a
distance of 457.28 feet to a calculated point at the northwest
corner of the above-described Parcel 06-2;
THENCE, with the north line of said Parcel 06-2, S64°42'36"E a
distance of 378.00 feet to a calculated point at the northwest
corner of the above-described Parcel 20-1;
THENCE, with the north line of said Parcel 20-1, S70°09'59"E a
distance of 400.67 feet to a calculated point at the northwest
corner of the above-described Parcel 02-3;
THENCE, with the north line of said Parcel 02-3, the
following three (3) courses:
1) S67°05'07"E a distance of 104.58 feet to a calculated
angle point;
2) S53°35'54"E a distance of 105.83 feet to a calculated
angle point; and
3) S55°41'48"E a distance of 206.91 feet to a calculated
point at the northeast corner of said Parcel 02-3;
THENCE, with the east line of said Parcel 02-3, S28°01'49"W a
distance of 899.00 feet to a calculated point on the north bank of
the Colorado River at the southeast corner of said Parcel 02-3;
THENCE, with the meanders of the north bank of the Colorado
River, the following fifty-nine (59) courses:
1) S78°57'26"W a distance of 265.40 feet to a calculated
point;
2) S58°33'04"W a distance of 403.36 feet to a calculated
point;
3) S27°53'07"W a distance of 24.17 feet to a calculated
point;
4) S73°19'34"W a distance of 179.78 feet to a calculated
point;
5) S80°40'33"W a distance of 284.45 feet to a calculated
point;
6) N26°28'28"E a distance of 20.96 feet to a calculated
point;
7) S75°36'26"W a distance of 293.31 feet to a calculated
point;
8) S86°20'34"W a distance of 84.16 feet to a calculated
point;
9) S79°42'18"W a distance of 141.79 feet to a calculated
point;
10) S27°00'43"W a distance of 26.90 feet to a calculated
point;
11) S78°05'41"W a distance of 99.68 feet to a calculated
point;
12) S71°38'12"W a distance of 426.53 feet to a calculated
point;
13) S58°35'29"W a distance of 276.51 feet to a calculated
point;
14) S24°20'35"W a distance of 359.58 feet to a calculated
point;
15) S08°24'01"W a distance of 300.61 feet to a calculated
point;
16) S07°37'34"E a distance of 185.37 feet to a calculated
point;
17) S02°25'49"E a distance of 59.41 feet to a calculated
point;
18) S01°21'36"W a distance of 38.60 feet to a calculated
point;
19) S08°00'24"E a distance of 41.40 feet to a calculated
point;
20) S09°09'36"W a distance of 373.90 feet to a calculated
point;
21) S31°59'36"W a distance of 107.30 feet to a calculated
point;
22) S18°00'36"W a distance of 293.50 feet to a calculated
point;
23) S30°25'36"W a distance of 112.00 feet to a calculated
point;
24) S10°51'36"W a distance of 634.90 feet to a calculated
point;
25) S02°34'36"W a distance of 30.70 feet to a calculated
point;
26) S59°28'24"E a distance of 57.10 feet to a calculated
point;
27) S03°40'24"E a distance of 310.40 feet to a calculated
point;
28) S16°21'36"W a distance of 278.50 feet to a calculated
point;
29) S17°53'36"W a distance of 322.40 feet to a calculated
point;
30) S32°29'36"W a distance of 792.30 feet to a calculated
point;
31) S18°11'36"W a distance of 184.90 feet to a calculated
point;
32) N63°10'34"W a distance of 44.96 feet to a calculated
point;
33) S19°04'38"W a distance of 21.49 feet to a calculated
point;
34) S27°17'38"W a distance of 190.50 feet to a calculated
point;
35) S23°12'38"W a distance of 266.20 feet to a calculated
point;
36) S33°52'38"W a distance of 191.10 feet to a calculated
point;
37) S61°12'38"W a distance of 280.40 feet to a calculated
point;
38) S63°15'38"W a distance of 345.10 feet to a calculated
point;
39) S72°35'38"W a distance of 285.20 feet to a calculated
point;
40) N85°31'22"W a distance of 165.00 feet to a calculated
point;
41) N72°50'22"W a distance of 150.00 feet to a calculated
point;
42) N10°15'22"W a distance of 135.80 feet to a calculated
point;
43) N04°17'22"W a distance of 37.00 feet to a calculated
point;
44) N38°51'22"W a distance of 391.50 feet to a calculated
point;
45) N12°14'22"W a distance of 40.00 feet to a calculated
point;
46) N07°15'38"E a distance of 183.00 feet to a calculated
point;
47) S47°45'38"W a distance of 386.10 feet to a calculated
point;
48) S75°54'39"W a distance of 102.43 feet to a calculated
point;
49) S71°46'05"W a distance of 154.03 feet to a calculated
point;
50) S65°38'42"W a distance of 430.32 feet to a calculated
point;
51) S49°58'20"W a distance of 207.45 feet to a calculated
point;
52) S47°30'01"W a distance of 581.94 feet to a calculated
point;
53) S58°05'16"W a distance of 199.26 feet to a calculated
point;
54) S55°02'26"W a distance of 168.25 feet to a calculated
point;
55) S66°49'36"W a distance of 424.33 feet to a calculated
point;
56) S70°27'05"W a distance of 178.44 feet to a calculated
point;
57) S73°49'29"W a distance of 103.82 feet to a calculated
point;
58) S85°43'30"W a distance of 78.52 feet to a calculated
point; and
59) S78°29'14"W a distance of 59.80 feet to the POINT OF
BEGINNING, and containing 1,370 acres of land, more or less.
TRACT 2
BEGINNING at a calculated point at the intersection of the
north bank of the Colorado River and the west right-of-way line of
State Highway No. 130, at the southeast corner of the
above-described Parcel 03-2, for the southeast corner and POINT OF
BEGINNING of the herein described tract;
THENCE, with the meanders of the north bank of the Colorado
River, the following twenty-two (22) courses:
1) S76°37'38"W a distance of 1.87 feet to a calculated point;
2) S72°53'53"W a distance of 518.11 feet to a calculated
point;
3) S75°14'11"W a distance of 517.88 feet to a calculated
point;
4) S70°55'05"W a distance of 289.38 feet to a calculated
point;
5) S81°58'40"W a distance of 118.79 feet to a calculated
point;
6) S63°21'33"W a distance of 277.07 feet to a calculated
point;
7) S49°47'25"W a distance of 47.81 feet to a calculated
point;
8) S64°43'53"W a distance of 353.97 feet to a calculated
point;
9) S62°39'35"W a distance of 626.81 feet to a calculated
point;
10) S72°28'38"W a distance of 203.07 feet to a calculated
point;
11) S85°12'41"W a distance of 191.20 feet to a calculated
point;
12) N89°48'48"W a distance of 82.77 feet to a calculated
point;
13) N83°17'50"W a distance of 141.54 feet to a calculated
point;
14) N83°16'30"W a distance of 332.35 feet to a calculated
point;
15) N72°21'14"W a distance of 159.08 feet to a calculated
point;
16) N80°26'48"W a distance of 189.39 feet to a calculated
point;
17) N79°57'59"W a distance of 91.38 feet to a calculated
point;
18) S85°50'53"W a distance of 69.91 feet to a calculated
point;
19) N78°28'45"W a distance of 123.84 feet to a calculated
point;
20) N68°18'10"W a distance of 159.21 feet to a calculated
point;
21) N80°39'08"W a distance of 135.80 feet to a calculated
point; and
22) S78°59'06"W a distance of 43.91 feet to a calculated
point at the intersection with the east right-of-way line of FM
Highway No. 973, also being the most southerly southwest corner of
the above-described Parcel 03-5;
THENCE, with the east right-of-way line of said FM Highway
No. 973, N10°21'00"E a distance of 147.12 feet to a calculated point
of curvature of a curve to the left;
THENCE, continuing with the east right-of-way line, along
said curve to the left an arc distance of 623.12 feet, having a
radius of 622.94 feet, and a chord which bears N18°18'22"W a
distance of 597.46 feet to a calculated point at the most westerly
southwest corner of said Parcel 03-5;
THENCE, with the west line of said Parcel 03-5, N27°38'58"E a
distance of 2,173.14 feet to a calculated point at the northwest
corner of said Parcel 03-5;
THENCE, with the north line of said Parcel 03-5, S62°35'52"E a
distance of 953.15 feet to a calculated point in the west line of
the above-described Parcel 03-7 at the northeast corner of said
Parcel 03-5;
THENCE, with the west line of said Parcel 03-7, N27°51'48"E a
distance of 830.67 feet to a calculated angle point;
THENCE, continuing with the west line of said Parcel 03-7,
N27°04'22"E a distance of 660.77 feet to a calculated angle point;
THENCE, with the west line of the above-described Parcel
03-01, N27°16'45"E a distance of 2,498.68 feet to a calculated point
at the northwest corner of said Parcel 03-1, also being the
southwest corner of the above-described Parcel 28-2;
THENCE, with the west line of said Parcel 28-2, the following
five (5) courses:
1) N23°25'44"E a distance of 14.81 feet to a calculated angle
point;
2) N27°12'18"E a distance of 110.07 feet to a calculated
angle point;
3) N27°08'13"E a distance of 109.97 feet to a calculated
angle point;
4) N27°14'30"E a distance of 114.81 feet to a calculated
angle point; and
5) N27°12'49"E a distance of 7.53 feet to a calculated point
at the southeast corner of the above-described Parcel 27-1;
THENCE, with the south line of said Parcel 27-1, N62°40'24"W a
distance of 1,722.95 feet to a calculated point on the east
right-of-way line of FM Highway No. 973 at the southwest corner of
said Parcel 27-1;
THENCE, with the east right-of-way line of said FM Highway
No. 973, N27°14'18"E a distance of 2,115.67 feet to a calculated
point at the intersection with the south right-of-way line of
Harold Green Road at the northwest corner of said Parcel 27-1;
THENCE, with the south right-of-way line of said Harold Green
Road, S62°58'47"E a distance of 1,685.22 feet to a calculated angle
point;
THENCE, continuing with the south right-of-way line of said
Harold Green Road, S49°54'08"E a distance of 37.29 feet to a
calculated point at the intersection with the west right-of-way
line of State Highway No. 130 at the northeast corner of said Parcel
27-1;
THENCE, with the west right-of-way line of said State Highway
No. 130, the following six (6) courses:
1) S27°10'40"W a distance of 207.10 feet to a calculated
point at the northwest corner of said Parcel 28-2;
2) S60°00'52"E a distance of 291.88 feet to a calculated
point at the northeast corner of said Parcel 28-2;
3) S29°59'08"W a distance of 908.52 feet to a calculated
angle point;
4) S12°44'41"W a distance of 849.11 feet to a calculated
angle point;
5) S18°15'23"E a distance of 401.53 feet to a calculated
angle point; and
6) S01°34'38"E a distance of 4,793.91 feet to the POINT OF
BEGINNING, and containing 446 acres of land, more or less.
TRACT 3
BEGINNING at a calculated point on the west right-of-way line
of FM Highway No. 973 at the northeast corner of the above-described
Parcel 03-4, for the northeast corner and POINT OF BEGINNING of the
herein described tract;
THENCE, with the west right-of-way line of said FM Highway
No. 973, S27°14'18"W a distance of 3,646.01 feet to a calculated
point at the southeast corner of said Parcel 03-4;
THENCE, with the south line of said Parcel 03-4, N62°56'53"W a
distance of 837.14 feet to a calculated point at the southwest
corner of said Parcel 03-4;
THENCE, with the west line of said Parcel 03-4, the following
three (3) courses:
1) N27°31'25"E a distance of 340.08 feet to a calculated
angle point;
2) N27°26'49"E a distance of 1,634.23 feet to a calculated
angle point; and
3) N27°36'28"E a distance of 1,688.35 feet to a calculated
point at the northwest corner of said Parcel 03-4;
THENCE, with the north line of said Parcel 03-4, S61°47'25"E a
distance of 818.72 feet to the POINT OF BEGINNING, and containing 69
acres of land, more or less.
TRACT 4
BEGINNING at a calculated point on the east right-of-way line
of FM Highway No. 973 at the northwest corner of the above-described
Parcel 11-1, for the most westerly northwest corner and POINT OF
BEGINNING of the herein described tract;
THENCE, with the north line of said Parcel 11-1, S62°59'56"E a
distance of 1,705.04 feet to a calculated point on the west line of
the above-described Parcel 22-1 at the northeast corner of said
Parcel 11-1;
THENCE, with the west line of said Parcel 22-1, N27°24'34"E a
distance of 854.85 feet to a calculated point on the west
right-of-way line of State Highway No. 130 at the northwest corner
of said Parcel 22-1;
THENCE, with the west right-of-way line of said State Highway
No. 130, the following six (6) courses:
1) S62°02'37"E a distance of 70.21 feet to a calculated point
at the northeast corner of said Parcel 22-1;
2) S12°37'58"W a distance of 1,453.45 feet to a calculated
point of curvature of a curve to the right;
3) Along said curve to the right an arc distance of 557.08
feet, having a radius of 1813.67 feet, and a chord which bears
S22°23'39"W a distance of 554.89 feet to a calculated point of
tangency;
4) S31°31'30"W a distance of 319.97 feet to a calculated
point at the southeast corner of the above-described Parcel 23-1;
5) N87°37'11"W a distance of 71.61 feet to a calculated angle
point; and
6) N62°35'47"W a distance of 400.24 feet to a calculated
point at the southwest corner of said Parcel 23-1;
THENCE, with the west lines of Parcels 23-1, 28-1 and 22-1,
N27°24'44"E a distance of 1,293.45 feet to a calculated point at the
southeast corner of said Parcel 11-1;
THENCE, with the south line of said Parcel 11-1, N62°59'56"W a
distance of 1,705.16 feet to a calculated point on the east
right-of-way line of said FM Highway No. 973 at the southwest corner
of said Parcel 11-1;
THENCE, with the east right-of-way line of said FM Highway
No. 973, N26°57'04"E a distance of 160.00 feet to the POINT OF
BEGINNING, and containing 24 acres of land, more or less.
TRACT 5
BEGINNING at a 1/2" iron rod found on the east right-of-way
line of FM Highway No. 973 at the northwest corner of the
above-described Parcel 07-1, for the northwest corner and POINT OF
BEGINNING of the herein described tract;
THENCE, with the north line of said Parcel 07-1, S63°23'23"E a
distance of 1,720.22 feet to a calculated point at the northeast
corner of said Parcel 07-1;
THENCE, with the east line of said Parcel 07-1, a portion of
said line also being the west right-of-way line of said State
Highway No. 130, S27°27'34"W a distance of 5,047.34 feet to a
calculated angle point;
THENCE, continuing with the west right-of-way line of said
State Highway No. 130, S27°52'12"W a distance of 588.10 feet to a
calculated point at the southeast corner of said Parcel 07-1;
THENCE, with the south line of said Parcel 07-1, N63°23'09"W a
distance of 1,723.19 feet to a 1/2" iron rod found with cap marked
"Brooks-Baker" on the east right-of-way line of said FM Highway No.
973 at the southwest corner of said Parcel 07-1;
THENCE, with the east right-of-way line of said FM Highway
No. 973, the following three (3) courses:
1) N27°00'51"E a distance of 790.98 feet to a calculated
angle point;
2) N27°35'51"E a distance of 4,186.86 feet to a calculated
angle point; and
3) N27°44'31"E a distance of 657.55 feet to the POINT OF
BEGINNING, and containing 223 acres of land, more or less.
The gross area contained within Tracts 1, 2, 3, 4 and 5 totals
2,132 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) 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, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 768 passed the Senate on
April 21, 2011, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 24, 2011, by the
following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 768 passed the House, with
amendments, on May 20, 2011, by the following vote: Yeas 144,
Nays 5, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor