By Yost H.B. No. 3190
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Travis County Municipal Utility
1-4 District No. 3, Travis County Municipal Utility District No. 4,
1-5 Travis County Municipal Utility District No. 5, Travis County
1-6 Municipal Utility District No. 6, Travis County Municipal Utility
1-7 District No. 7, Travis County Municipal Utility District No. 8, and
1-8 Travis County Municipal Utility District No. 9.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. CREATION, ADMINISTRATION, POWERS, DUTIES,
1-11 OPERATION, AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY
1-12 DISTRICT NO. 3.
1-13 SUBSECTION 1. CREATION. (a) A conservation and reclamation
1-14 district, to be known as Travis County Municipal Utility District
1-15 No. 3, is created in Travis County, subject to approval at a
1-16 confirmation election under Subsection 9 of this Act. The district
1-17 is a governmental agency and a body politic and corporate.
1-18 (b) The district is created under and is essential to
1-19 accomplish the purposes of Article XVI, Section 59, of the Texas
1-20 Constitution.
1-21 SUBSECTION 2. DEFINITION. In this Act:
1-22 (1) "Commission" means the Texas Natural Resource
1-23 Conservation Commission.
2-1 (2) "District" means Travis County Municipal Utility
2-2 District No. 3.
2-3 SUBSECTION 3. BOUNDARIES. The district includes the
2-4 territory contained within the following area:
2-5 A DESCRIPTION, PREPARED IN THE OFFICE FROM INFORMATION OBTAINED
2-6 THROUGH PUBLIC RECORDS OF 960.68 ACRES OF LAND SITUATED IN THE
2-7 WILLIAM S. HALL SURVEY NO. 412, THE JAMES M. TRIBBLE SURVEY NO.
2-8 418, THE WILLIAM SARGENT SURVEY NO. 499, THE DRURY H. MINOR SURVEY
2-9 NO. 416, THE ISAAC PERKINS SURVEY NO. 38, THE ISAAC PERKINS SURVEY
2-10 NO. 37, THE H. BOND SURVEY NO. 54 AND THE A. EANES SURVEY NO. 509,
2-11 TRAVIS COUNTY, TEXAS, BEING ALL OF THAT CERTAIN 19.00 ACRE TRACT OF
2-12 LAND CONVEYED TO BARTON CREEK PROPERTIES INC. BY SPECIAL WARRANTY
2-13 DEED RECORDED IN VOLUME 11214, PAGE 1077 OF THE REAL PROPERTY
2-14 RECORDS OF TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF THAT
2-15 CERTAIN 30.997 ACRE TRACT OF LAND, DESIGNATED AS TRACT ONE,
2-16 CONVEYED TO BARTON CREEK PROPERTIES INC. BY SPECIAL WARRANTY DEED
2-17 RECORDED IN VOLUME 10769, PAGE 1255 OF THE SAID REAL PROPERTY
2-18 RECORDS, ALSO BEING A PORTION OF THAT CERTAIN 992.199 ACRE TRACT OF
2-19 LAND CONVEYED TO BARTON CREEK PROPERTIES INC. BY SPECIAL WARRANTY
2-20 DEED RECORDED IN VOLUME 10762, PAGE 517 OF THE SAID REAL PROPERTY
2-21 RECORDS, AND ALSO BEING A PORTION OF THAT CERTAIN 201.31 ACRE TRACT
2-22 OF LAND CONVEYED TO BARTON CREEK PROPERTIES INC. BY WARRANTY DEED
2-23 RECORDED. IN VOLUME 10783, PAGE 448 OF THE SAID REAL PROPERTY
2-24 RECORDS, SAID 960.68 ACRES OF LAND BEING MORE PARTICULARLY
2-25 DESCRIBED BY METES AND BOUNDS AS TRACT 1, CONTAINING 122.93 ACRES
3-1 OF LAND, AND TRACT 2 CONTAINING 837.75 ACRES OF LAND, AS FOLLOWS:
3-2 TRACT 1
3-3 BEGINNING at a point on a south line of the said 201.31 acre
3-4 tract at its intersection with the east right-of-way (R.O.W.) line
3-5 of a proposed future roadway;
3-6 THENCE along the south, west, and north lines of the said
3-7 201.31 acre tract the following forty-nine (49) courses:
3-8 1. N 6106'08" W, 28.10 feet to a point,
3-9 2. N 6106'08" W, 12.17 feet to a point,
3-10 3. N 6150'30" W, 1024.85 feet to a point,
3-11 4. N 2929'21" E, 207.15 feet to a point,
3-12 5. N 2758'37" E, 229.86 feet to a point,
3-13 6. S 7315'34" E, 26.23 feet to a point,
3-14 7. S 5854'34" E, 31.29 feet to a point,
3-15 8. S 4510'46" E, 24.48 feet to a point,
3-16 9. S 5247'28" E, 64.61 feet to a point,
3-17 10. S 6132'27" E, 111.12 feet to a point,
3-18 11. S 5106'30" E, 10.08 feet to a point,
3-19 12. N 8505'30" E, 27.16 feet to a point,
3-20 13. S 4757'16" E, 78.06 feet to a point,
3-21 14. S 6529'30" E, 135.27 feet to a point,
3-22 15. N 1716'51" W, 77.48 feet to a point,
3-23 16. N 0417'52" W, 166.11 feet to a point,
3-24 17. N 0041'44" E, 54.16 feet to a point,
3-25 18. N 0333'56" E, 124.21 feet to a point,
4-1 19. N 0642'00" E, 139.64 feet to a point,
4-2 20. N 0311'50" E, 266.48 feet to a point,
4-3 21. N 0114'51" E, 220.47 feet to a point,
4-4 22. N 1504'06" W, 48.49 feet to a point,
4-5 23. N 2757'48" E, 614.87 feet to a point,
4-6 24. N 6155'37" W, 176.52 feet to a point,
4-7 25. N 2814'50" E, 655.87 feet to a point,
4-8 26. N 4402'24" E, 10.00 feet to a point,
4-9 27. N 6059'10" W, 112.42 feet to a point,
4-10 28. N 6128'15" W, 170.48 feet to a point,
4-11 29. N 6101'14" W, 148.68 feet to a point,
4-12 30. N 6152'33" W, 237.25 feet to a point,
4-13 31. N 6246'01" W, 395.65 feet to a point,
4-14 32. N 6249'37" W, 247.00 feet to a point,
4-15 33. N 6250'00" W, 313.86 feet to a point,
4-16 34. N 1835'42" E, 70.52 feet to a point,
4-17 35. N 0002'18" W, 192.04 feet to a point,
4-18 36. N 2135'53" E, 223.79 feet to a point,
4-19 37. N 3548'32" E, 415.11 feet to a point,
4-20 38. N 1912'34" E, 392.76 feet to a point,
4-21 39. N 5630'07" E, 255.58 feet to a point,
4-22 40. N 5717'47" E, 82.54 feet to a point,
4-23 41. S 6101'30" E, 264.21 feet to a point,
4-24 42. S 5310'10" E, 129.15 feet to a point,
4-25 43. S 6220'00" E, 11.98 feet to a point,
5-1 44. S 6741'46" E, 141.43 feet to a point,
5-2 45. S 2828'41" E, 175.90 feet to a point,
5-3 46. S 1725'38" E, 259.21 feet to a point,
5-4 47. S 6813'46" E, 201.24 feet to a point,
5-5 48. S 8726'57" E, 124.52 feet to a point, and
5-6 49. S 4251'47" E, 604.35 feet to the most westerly corner of The
5-7 Estates Above Lost Creek, a subdivision whose plat is recorded in
5-8 Book 81, Pages 286 through 294 of the Plat Records of Travis
5-9 County, Texas;
5-10 THENCE, departing the said north line of the 201.31 acre
5-11 tract along the southwesterly lines of the said The Estates Above
5-12 Lost Creek the following five (5) courses:
5-13 1. S 2312'39" E, 203.90 feet to a point,
5-14 2. S 2317'23" E, 180.47 feet to a point,
5-15 3. S 2316'15" E, 180.05 feet to a point,
5-16 4. S 2322'22" E, 249.95 feet to a point, and
5-17 5. S 2310'32" E, 65.85 feet to a point on the east R.O.W. line of
5-18 the said proposed future roadway;
5-19 THENCE, departing the said southwesterly lines of The Estates
5-20 Above Lost Creek, with the said easterly R.O.W. line of the
5-21 proposed future roadway, the following seven (7) courses:
5-22 1. S 5107'18" W, 259.25 feet to a point of curvature,
5-23 2. a distance of 328.10 feet along the arc of a curve to the left
5-24 whose radius is 705.00 feet, central angle is 2639'53" and whose
5-25 chord bears S 3747'22" W, 325.15 feet to the point of tangency,
6-1 3. S 2427'25" W, 509.49 feet to a point of curvature,
6-2 4. a distance of 606.33 feet along the arc of a curve to the left
6-3 whose radius is 945.00 feet, central angle is 3645'44" and whose
6-4 chord bears S 0604'33" W, 595.99 feet to the point of tangency,
6-5 5. S 1218'19" E, 286.57 feet to a point of curvature,
6-6 6. a distance of 576.37 feet along the arc of a curve to the right
6-7 whose radius is 745.00 feet, central angle is 4419'37" and whose
6-8 chord bears S 0951'30" W, 562.10 feet to the point of tangency,
6-9 and
6-10 7. S 3201'18" W, 886.19 feet to the POINT OF BEGINNING of the
6-11 herein described TRACT 1 containing 122.93 acres of land more or
6-12 less.
6-13 TRACT 2
6-14 BEGINNING at a point for the southeast corner of St.
6-15 Michael's Academy, a subdivision whose plat is recorded in Book 84,
6-16 Pages 187C-188A of the said Plat Records;
6-17 THENCE along the east, north and west lines of said St.
6-18 Michael's Academy the following fifteen (15) courses:
6-19 1. N 1016'57" W, 79.56 feet to a point,
6-20 2. a distance of 264.08 feet along the arc of a curve to the right
6-21 having a central angle of 2913'00", a radius of 517.88 feet and a
6-22 chord bearing N 0412'25" E, 261.23 feet to a point,
6-23 3. N 1848'55" E, 85.94 feet to a point,
6-24 4. a distance of 102.81 feet along the arc of a curve to the left
6-25 having a central angle of 0530'00", a radius of 1071.03 feet and a
7-1 chord bearing N 1603'55" E, 102.77 feet to a point,
7-2 5. N 1318'55" E, 116.19 feet to a point,
7-3 6. a distance of 313.60 feet along the arc of a curve to the right
7-4 having a central angle of 3903'19", a radius of 460.06 feet and a
7-5 chord bearing N 3250'34" E, 307.56 feet to a point,
7-6 7. N 3737'47" W, 80.00 feet to a point,
7-7 8. N 1024'26" W, 483.49 feet to a point,
7-8 9. N 7935'54" E, 297.13 feet to a point,
7-9 10. N 1024'04" W, 41.24 feet to a point,
7-10 11. a distance of 553.91 feet along the arc of a curve to the
7-11 right having a central angle of 3223'05", a radius of 980.00 feet
7-12 and a chord bearing N 0547'27" E, 546.57 feet to a point,
7-13 12. S 8540'50" W, 1335.55 feet to a point,
7-14 13. S 4545'51" W, 439.25 feet to a point,
7-15 14. S 1522'11" W, 230.40 feet to a point, and
7-16 15. S 1401'34" W, 330.83 feet to a point in the south line of the
7-17 said 992.199 acre tract;
7-18 THENCE along the south line of the said 992.199 acre tract
7-19 the following four (4) courses:
7-20 1. N 5916'50" W, 166.28 feet to a point,
7-21 2. N 4732'25" W, 145.66 feet to a point,
7-22 3. N 6349'55" W, 194.27 feet to a point, and
7-23 4. N 8144'56" W, 90.03 feet to the southwest corner of the said
7-24 992.199 acre tract;
7-25 THENCE along the west, north and east lines of the said
8-1 992.199 acre tract the following one hundred and twenty-three (123)
8-2 courses:
8-3 1. N 0111'57" E, 199.94 feet to a point,
8-4 2. N 0910'32" E, 249.93 feet to a point,
8-5 3. N 3743'32" E, 179.95 feet to a point,
8-6 4. N 2535'28" W, 299.91 feet to a point,
8-7 5. N 2809'28" W, 389.89 feet to a point,
8-8 6. N 2305'28" W, 299.91 feet to a point,
8-9 7. N 1511'28" W, 199.94 feet to a point,
8-10 8. N 0357'28" W, 199.94 feet to a point,
8-11 9. N 0741'32" E, 399.88 feet to a point,
8-12 10. N 3221'32" E, 89.97 feet to a point,
8-13 11. N 4723'29" W, 51.30 feet to a point,
8-14 12. N 3009'57" E, 41.31 feet to a point,
8-15 13. N 6117'21" E, 99.28 feet to a point,
8-16 14. N 5233'45" E, 57.54 feet to a point,
8-17 15. N 4014'57" E, 102.75 feet to a point,
8-18 16. N 2735'03" E, 181.74 feet to a point,
8-19 17. N 2044'55" E, 130.67 feet to a point,
8-20 18. N 4356'55" E, 232.54 feet to a point,
8-21 19. N 3520'35" E, 166.74 feet to a point,
8-22 20. N 5114'04" E, 100.17 feet to a point,
8-23 21. N 4112'16" E, 120.38 feet to a point,
8-24 22. N 5520'28" E, 87.26 feet to a point,
8-25 23. N 6051'42" E, 127.20 feet to a point,
9-1 24. N 2541'44" W, 114.39 feet to a point,
9-2 25. N 4059'14" E, 48.97 feet to a point,
9-3 26. N 2640'00" E, 98.64 feet to a point,
9-4 27. N 2832'59" E, 308.25 feet to a point,
9-5 28. S 6548'42" E, 40.57 feet to a point,
9-6 29. S 7522'42" E, 92.65 feet to a point,
9-7 30. S 6423'42" E, 178.68 feet to a point,
9-8 31. S 6237'42" E, 87.60 feet to a point,
9-9 32. S 7059'42" E, 152.34 feet to a point,
9-10 33. N 8147'18" E, 60.59 feet to a point,
9-11 34. S 7516'42" E, 47.98 feet to a point,
9-12 35. S 8227'42" E, 29.13 feet to a point,
9-13 36. S 7830'42" E, 52.06 feet to a point,
9-14 37. S 4556'10" E, 30.41 feet to a point,
9-15 38. S 1405'37" E, 6.23 feet to a point,
9-16 39. S 5637'37" E, 28.70 feet to a point,
9-17 40. S 6027'37" E, 25.75 feet to a point,
9-18 41. S 6602'37" E, 104.61 feet to a point,
9-19 42. S 5949'37" E, 171.28 feet to a point,
9-20 43. S 6331'37" E, 195.90 feet to a point,
9-21 44. S 6446'37" E, 44.13 feet to a point,
9-22 45. S 5930'37" E, 61.74 feet to a point,
9-23 46. S 5451'37" E, 18.28 feet to a point,
9-24 47. S 6430'37" E, 25.38 feet to a point,
9-25 48. S 5528'37" E, 58.07 feet to a point,
10-1 49. S 5813'37" E, 90.40 feet to a point,
10-2 50. S 6313'37" E, 51.62 feet to a point,
10-3 51. S 5830'37" E, 46.51 feet to a point,
10-4 52. S 6418'35" E, 41.69 feet to a point,
10-5 53. S 8254'37" E, 47.39 feet to a point,
10-6 54. S 5919'37" E, 52.37 feet to a point,
10-7 55. S 6329'37" E, 56.73 feet to a point,
10-8 56. S 7323'37" E, 67.23 feet to a point,
10-9 57. S 6954'37" E, 31.83 feet to a point,
10-10 58. S 4000'37" E, 19.80 feet to a point,
10-11 59. N 7514'23" E, 9.05 feet to a point,
10-12 60. N 8858'25" E, 89.22 feet to a point,
10-13 61. S 1502'34" E, 128.42 feet to a point,
10-14 62. S 0948'26" E, 39.28 feet to a point,
10-15 63. N 8539'34" E, 148.35 feet to a point,
10-16 64. N 8411'34" E, 137.55 feet to a point,
10-17 65. N 4247'23" E, 347.07 feet to a point,
10-18 66. N 4510'45" E, 84.52 feet to a point,
10-19 67. N 2800'45" E, 113.61 feet to a point,
10-20 68. N 2936'45" E, 213.13 feet to a point,
10-21 69. N 1605'45" E, 287.88 feet to a point,
10-22 70. N 2743'02" E, 506.38 feet to a point,
10-23 71. N 0607'10" E, 285.32 feet to a point,
10-24 72. N 7312'13" W, 195.59 feet to a point,
10-25 73. N 0243'48" E, 322.26 feet to a point,
11-1 74. N 0329'59" E, 290.69 feet to a point,
11-2 75. N 2805'04" W, 599.09 feet to a point,
11-3 76. N 0459'04" W, 290.94 feet to a point,
11-4 77. N 2722'56" E, 265.67 feet to a point,
11-5 78. N 4745'56" E, 133.40 feet to a point,
11-6 79. N 6221'56" E, 159.85 feet to a point,
11-7 80. S 8342'57" E, 163.25 feet to a point,
11-8 81. S 6706'57" E, 319.02 feet to a point,
11-9 82. S 5207'57" E, 125.16 feet to a point,
11-10 83. S 2646'57" E, 343.22 feet to a point,
11-11 84. S 7810'57" E, 107.21 feet to a point,
11-12 85. S 3204'57" E, 215.64 feet to a point,
11-13 86. S 3021'57" E, 311.35 feet to a point,
11-14 87. S 3031'57" E, 151.64 feet to a point,
11-15 88. S 1825'57" E, 249.04 feet to a point,
11-16 89. S 1108'56" E, 320.34 feet to a point,
11-17 90. S 0741'56" E, 131.28 feet to a point,
11-18 91. S 2732'04" W, 163.38 feet to a point,
11-19 92. S 0050'04" W, 154.31 feet to a point,
11-20 93. S 1453'04" W, 149.77 feet to a point,
11-21 94. S 0412'56" E, 229.80 feet to a point,
11-22 95. S 3032'56" E, 301.83 feet to a point,
11-23 96. S 2845'56" E, 299.93 feet to a point,
11-24 97. S 3125'56" E, 301.45 feet to a point,
11-25 98. S 3256'56" E, 131.38 feet to a point,
12-1 99. S 4710'56" E, 216.62 feet to a point,
12-2 100. S 6750'56" E, 111.15 feet to a point,
12-3 101. S 8227'56" E, 230.36 feet to a point,
12-4 102. N 7334'04" E, 334.47 feet to a point,
12-5 103. N 5903'03" E, 293.06 feet to a point,
12-6 104. N 4348'03" E, 210.98 feet to a point,
12-7 105. N 3924'03" E, 190.76 feet to a point,
12-8 106. N 2035'03" E, 164.56 feet to a point,
12-9 107. N 1924'03" E, 222.04 feet to a point,
12-10 108. N 1115'03" E, 195.85 feet to a point,
12-11 109. N 0935'03" E, 286.40 feet to a point,
12-12 110. N 0529'30" E, 604.40 feet to a point,
12-13 111. N 1658'49" W, 136.10 feet to a point,
12-14 112. N 0823'11" E, 275.84 feet to a point,
12-15 113. N 1951'11" E, 442.30 feet to a point,
12-16 114. N 6421'11" E, 479.70 feet to a point,
12-17 115. S 8144'49" E, 277.02 feet to a point,
12-18 116. S 6747'49" E, 313.96 feet to a point,
12-19 117. S 4521'49" E, 203.39 feet to a point,
12-20 118. S 2900'49" E, 235.40 feet to a point,
12-21 119. S 1248'49" E, 337.14 feet to a point,
12-22 120. S 2941'11" W, 144.69 feet to a point,
12-23 121. S 0759'49" E, 591.15 feet to a point,
12-24 122. S 3633'49" E, 141.13 feet to a point, and
12-25 123. S 0613'49" E, 898.01 feet to a point for the northwest
13-1 corner of Lot 1, Block A, The Estates of Barton Creek Section Two-A
13-2 a subdivision whose plat is recorded in Book 85, Pages 119B through
13-3 120A of the said Plat Records;
13-4 THENCE, departing the east lines of the said 992.199 acre
13-5 tract, along the west line of the said Lot 1, S 1559'56" E, 529.64
13-6 feet to a point on the north R.O.W. line of Barton Creek Boulevard,
13-7 an 80.00 foot wide R.O.W.;
13-8 THENCE, departing the west line of Lot 1, crossing said
13-9 Barton Creek Boulevard, S 1559'56" E, 80.00 feet to a point on the
13-10 south R.O.W. line of said Barton Creek Boulevard and the east line
13-11 of the said 992.199 acre tract;
13-12 THENCE along the east lines of the said 992.199 acre tract
13-13 the following eleven (11) courses:
13-14 1. S 1559'49" E, 209.80 feet to a point,
13-15 2. S 6545'11" W, 26.03 feet to a point,
13-16 3. N 8916'12" W, 22.01 feet to a point,
13-17 4. N 8704'17" W, 46.58 feet to a point,
13-18 5. S 1222'59" E, 249.49 feet to a point,
13-19 6. S 1209'57" E, 79.24 feet to a point,
13-20 7. S 0702'38" E, 170.51 feet to a point,
13-21 8. S 1457'23" W, 77.89 feet to a point,
13-22 9. S 4125'08" E, 149.05 feet to a point,
13-23 10. S 2758'13" W, 209.26 feet to a point,
13-24 11. S 2633'24" W, 2.10 feet to a point for a corner in the east
13-25 line of that certain 45.141 acre tract of land described in a
14-1 general warranty deed to Barton Creek Properties Inc. recorded in
14-2 Volume 11604, Page 175 of the said Real Property Records;
14-3 THENCE, departing the east lines of the said 992.199 acre
14-4 tract, along the east, north and west lines of the said 45.141 acre
14-5 tract the following sixteen (16) courses:
14-6 1. N 3608'45" W, 627.13 feet to a point,
14-7 2. N 2804'19" W, 576.10 feet to a point,
14-8 3. N 3341'10" E, 31.97 feet to a non-tangent point of curvature,
14-9 4. a distance of 239.03 feet along the arc of a curve to the right
14-10 whose radius is 540.29 feet, central angle is 2520'53", and whose
14-11 chord bears N 5237'58" W, 237.09 feet to the point of tangency,
14-12 5. N 3957'32" W, 183.09 feet to a point of curvature,
14-13 6. a distance of 320.20 feet along the arc of a curve to the left
14-14 whose radius is 460.00 feet, central angle is 3952'58", and whose
14-15 chord bears N 5954'01" W, 313.77 feet to a point,
14-16 7. S 0519'27" W, 264.65 feet to a point,
14-17 8. S 0419'26" E, 538.16 feet to a point,
14-18 9. S 2505'34" E, 151.78 feet to a point,
14-19 10. S 1957'53" W, 369.50 feet to a point,
14-20 11. S 1140'24" W, 156.85 feet to a point,
14-21 12. S 5942'08" W, 206.12 feet to a point,
14-22 13. S 3926'48" E, 65.40 feet to a point,
14-23 14. N 8240'42" E, 301.03 feet to a point,
14-24 15. S 2011'54" W, 249.89 feet to a point, and
14-25 16. S 5123'20" W, 84.73 feet to a point on the north line of The
15-1 Second Replat of Barton Creek Club, a subdivision whose plat is
15-2 recorded in Book 89, Pages 168 through 171 of the said Plat
15-3 Records;
15-4 THENCE, departing the west line of the said 45.141 acre
15-5 tract, along north lines of the said Barton Creek Club the
15-6 following six (6) courses:
15-7 1. N 1102'56" E, 254.74 feet to a point,
15-8 2. S 7230'24" W, 425.99 feet to a point,
15-9 3. S 8641'31" W, 115.73 feet to a point,
15-10 4. N 4735'59" W, 329.18 feet to a point,
15-11 5. N 6440'59" W, 214.00 feet to a point, and
15-12 6. S 4657'01" W, 54.20 feet to a point on an easterly line of
15-13 that certain 13.044 acre tract of land described in a general
15-14 warranty deed to Barton Creek Properties Inc. recorded in Volume
15-15 11604, Page 175 of the said Real Property Records;
15-16 THENCE, departing the north line of the said Barton Creek
15-17 Club, along the north lines of the said 13.044 acre tract the
15-18 following six (6) courses:
15-19 1. N 4340'54" W, 190.92 feet to a point,
15-20 2. N 0132'59" E, 256.06 feet to a point,
15-21 3. N 7936'17" W, 463.00 feet to a point,
15-22 4. S 5520'24" W, 142.13 feet to a point,
15-23 5. S 1200'03" W, 246.77 feet to a point, and
15-24 6. S 4305'34" W, 468.80 feet to a point in the curving east
15-25 R.O.W. line of said Barton Creek Boulevard;
16-1 THENCE, departing the north lines of the said 13.044 acre
16-2 tract, along the said east R.O.W. line of Barton Creek Boulevard
16-3 the following three (3) courses:
16-4 1. a distance of 82.25 feet along the arc of a curve to the left
16-5 whose radius is 460.00 feet, central angle is 1014'40", and whose
16-6 chord bears S 1034'30" E, 82.14 feet to the point of tangency,
16-7 2. S 1541'50" E, 293.79 feet to a point of curvature, and
16-8 3. a distance of 331.06 feet along the arc of a curve to the right
16-9 whose radius is 540.00 feet, central angle is 3507'35", and whose
16-10 chord bears S 0151'58" W, 325.90 feet to the point for the
16-11 southwest corner of Barton Creek Club Barton Club Drive Street
16-12 Dedication whose plat is recorded in Book 86, Pages 22D through 23A
16-13 of the said Plat Records;
16-14 THENCE, departing the east R.O.W. line of the said Barton
16-15 Creek Boulevard, along the south R.O.W. line of Barton Club Drive,
16-16 the following two (2) courses:
16-17 1. a distance of 29.13 feet along the arc of a curve to the right
16-18 whose radius is 25.00 feet, central angle is 6645'32", and whose
16-19 chord bears N 5248'30" E, 27.51 feet to a point, and
16-20 2. N 8609'34" E, 139.34 feet to a point for the most northerly
16-21 northwest corner of that certain 45.107 acre tract of land
16-22 described in a general warranty deed to Barton Creek Properties
16-23 Inc. recorded in Volume 11604, Page 175 of the said Real Property
16-24 Records;
16-25 THENCE, departing the south R.O.W. line of Barton Club Drive,
17-1 along westerly lines of the said 45.107 acre tract the following
17-2 twenty-one (21) courses:
17-3 1. S 0415'45" W, 80.72 feet to a point,
17-4 2. S 6611'15" E, 189.97 feet to a point,
17-5 3. S 4954'10" E, 321.85 feet to a point,
17-6 4. S 4918'40" E, 340.52 feet to a point,
17-7 5. S 0231'08" W, 152.45 feet to a point,
17-8 6. S 7930'41" W, 212.04 feet to a point,
17-9 7. S 7735'55" W, 341.77 feet to a point,
17-10 8. S 4706'43" W, 454.77 feet to a point,
17-11 9. S 1930'00" E, 280.70 feet to a point,
17-12 10. S 8147'21" W, 120.43 feet to a point,
17-13 11. N 6902'34" W, 81.92 feet to a point,
17-14 12. N 5013'51" W, 241.99 feet to a point,
17-15 13. N 6822'37" W, 208.69 feet to a point,
17-16 14. N 3209'13" W, 633.79 feet to a point,
17-17 15. S 8112'08" W, 155.12 feet to a point,
17-18 16. S 1855'37" E, 560.46 feet to a point,
17-19 17. S 2521'45" E, 285.52 feet to a point,
17-20 18. S 7252'46" E, 923.63 feet to a point,
17-21 19. S 3213'32" E, 234.41 feet to a point,
17-22 20. S 8350'22" E, 126.73 feet to a point, and
17-23 21. S 6838'09" E, 141.10 feet to a point for the most southerly
17-24 southeast corner of the said 45.107 acre tract;
17-25 THENCE, departing the said westerly lines of the 45.107 acre
18-1 tract, crossing said 992.199 acre tract S 2052'55" W, 74.06 feet
18-2 to a northwesterly corner of that certain 8.081 acre tract of land
18-3 described in a general warranty deed to Barton Creek Properties
18-4 Inc. recorded in Volume 11604, Page 175 of the said Real Property
18-5 Records;
18-6 THENCE along the westerly and southerly lines of the said
18-7 8.081 acre tract the following five (5) courses:
18-8 1. S 1928'18" W, 1062.57 feet to a point,
18-9 2. N 6956'53" W, 63.87 feet to a point,
18-10 3. S 0526'25" W, 158.21 feet to a point,
18-11 4. S 4445'59" E, 242.82 feet to a point, and
18-12 5. N 3332'28" E, 439.94 feet to a point;
18-13 THENCE, departing the southerly lines of the said 8.081 acre
18-14 tract, crossing the said 992.199 acre tract and the said 30.997
18-15 acre tract the following three (3) courses:
18-16 1. S 0422'33" E, 443.70 feet to a point,
18-17 2. S 6059'59" E, 299.86 feet to a point, and
18-18 3. S 4921'11" W, 848.83 feet to the northeast corner of said The
18-19 Estates Above Lost Creek;
18-20 THENCE along the northerly lines of said The Estates Above
18-21 Lost Creek the following ten (10) courses:
18-22 1. N 3758'05" W, 213.14 feet to a point,
18-23 2. S 8856'26" W, 701.83 feet to a point,
18-24 3. N 2709'05" W, 772.26 feet to a point,
18-25 4. N 5027'02" W, 277.60 feet to a point,
19-1 5. S 7026'54" W, 270.04 feet to a point,
19-2 6. N 5302'57" W, 800.03 feet to a point,
19-3 7. N 6602'27" W, 700.17 feet to a point,
19-4 8. N 5201'58" W, 490.10 feet to a point,
19-5 9. S 1659'31" W, 248.42 feet to a point, and
19-6 10. N 7958'28" W 744.21 feet to the POINT OF BEGINNING containing
19-7 911.05 acres of land more or less SAVE AND EXCEPT those certain
19-8 tracts of land described as containing 8.284 acres, 17.516 acres
19-9 and 20.029 acres in a general warranty deed to Barton Creek
19-10 Properties Inc. recorded in Volume 11604, Page 175 of the said Real
19-11 Property Records, also SAVE AND EXCEPT 27.47 acres of land more or
19-12 less leaving a net area of the herein described Tract 2 of 837.75
19-13 acres of land more or less, said 27.47 acres being seven (7) Tracts
19-14 of land designated as Tracts A, B, C, D, E, F and G containing 7.50
19-15 acres, 3.51 acres, 4.01 acres, 0.65 acres, 4.87 acres, 3.33 acres,
19-16 and 3.60 acres of land respectively and being more particularly
19-17 described by metes and bounds as follows:
19-18 TRACT A
19-19 COMMENCING for reference at a point on the north R.O.W. line
19-20 of said Barton Creek Boulevard, being the northeast corner of The
19-21 Estates of Barton Creek Section Two, a subdivision whose plat is
19-22 recorded in Book 85, Pages 118B through 119A of the said Plat
19-23 Records;
19-24 THENCE along the said north R.O.W. line of Barton Creek
19-25 Boulevard, S 8112'08" W, 1250.04 feet of a point and departing the
20-1 said north R.O.W. aiwain in a perpendicular direction crossing the
20-2 said 992.199 acres N 0847'52" W, 1271.52 feet to the POINT OF
20-3 BEGINNING of the herein described 7.50 acre tract;
20-4 THENCE, continuing to cross the said 992.199 acres along the
20-5 perimeter of the said 7.50 acre tract in a clockwise direction the
20-6 following thirty-eight (38) courses:
20-7 1. N 3041'58" W, 67.67 feet to a point,
20-8 2. N 5553'23" W, 139.91 feet to a point,
20-9 3. N 5931'30" W, 247.65 feet to a point,
20-10 4. N 7422'36" W, 138.54 feet to a point,
20-11 5. S 5958'15" W, 135.30 feet to a point,
20-12 6. S 5954'25" W, 446.39 feet to a point,
20-13 7. S 1630'25" E, 112.82 feet to a non-tangent point of curvature,
20-14 8. a distance of 33.16 feet along the arc of a curve to the right
20-15 whose radius is 345.00 feet, central angle is 0530'26" and whose
20-16 chord bears S 7854'47" W, 33.15 feet to a non-tangent point,
20-17 9. N 1630'25" W, 151.05 feet to a point,
20-18 10. N 0205'36" E, 47.91 feet to a point,
20-19 11. N 2322'28" E, 47.89 feet to a point,
20-20 12. N 3703'23" E, 416.69 feet to a point,
20-21 13. N 3756'40" E, 63.67 feet to a point,
20-22 14. N 5231'47" E, 50.40 feet to a point,
20-23 15. N 7116'13" E, 50.42 feet to a point,
20-24 16. S 8957'57" E, 50.50 feet to a point,
20-25 17. S 7128'25" E, 49.57 feet to a point,
21-1 18. S 6053'36" E, 73.82 feet to a point,
21-2 19. S 6042'59" E, 69.78 feet to a point,
21-3 20. S 6200'49" E, 73.56 feet to a point,
21-4 21. S 6631'28" E, 75.01 feet to a point,
21-5 22. S 7140'40" E, 75.46 feet to a point,
21-6 23. S 7639'35" E, 75.28 feet to a point,
21-7 24. S 8140'07" E, 75.29 feet to a point,
21-8 25. S 8641'17" E, 75.13 feet to a point,
21-9 26. N 8943'39" E, 71.50 feet to a point,
21-10 27. S 8933'24" E, 60.75 feet to a point,
21-11 28. N 0823'51" E, 120.04 feet to a point,
21-12 29. S 8132'02" E, 24.59 feet to a point,
21-13 30. S 0807'44" W, 119.95 feet to a point,
21-14 31. S 4620'07" E, 31.26 feet to a point,
21-15 32. S 27 11'00" E, 42.68 feet to a point,
21-16 33. S 1601'31" E, 67.92 feet to a point,
21-17 34. S 0319'59" E, 47.30 feet to a point,
21-18 35. S 1829'47" W, 47.28 feet to a point,
21-19 36. S 4028'45" W, 47.37 feet to a point,
21-20 37. S 6007'59" W, 58.23 feet to a point, and
21-21 38. S 6235'42" W, 146.72 feet to the POINT OF BEGINNING
21-22 containing 7.50 acres of land more or less.
21-23 TRACT B
21-24 COMMENCING for reference at a point of the north R.O.W. line
21-25 of said Barton Creek Boulevard being the northeast corner of said
22-1 The Estates of Barton Creek Section Two and being the northwest
22-2 corner of said The Estates of Barton Creek Section Two-A;
22-3 THENCE along the said north R.O.W. line of Barton Creek
22-4 Boulevard, S 8112'08" W, 997.99 feet to a point and departing the
22-5 said north R.O.W. line in a perpendicular direction N 0847'52" W,
22-6 592.77 feet to the POINT OF BEGINNING of the herein described 3.51
22-7 acre tract;
22-8 THENCE along the perimeter of the said 3.51 acre tract in a
22-9 clockwise direction the following twenty (20) courses:
22-10 1. N 5147'58" W, 108.64 feet to a point,
22-11 2. N 1921'57" W, 84.55 feet to a point,
22-12 3. N 1438'00" E, 645.67 feet to a non-tangent point of curvature,
22-13 4. a distance of 93.77 feet along the arc of a curve to the left
22-14 whose radius is 305.00 feet, central angle is 1736'51" and whose
22-15 chord bears N 0131'14" E, 93.40 feet to a point,
22-16 5. N 8242'49" E, 140.05 feet to a point,
22-17 6. S 7913'21" E, 148.22 feet to a point,
22-18 7. S 0226'13" W, 134.15 feet to a point,
22-19 8. S 1724'24" W, 136.48 feet to a point,
22-20 9. S 7858'23" W, 40.90 feet to a point,
22-21 10. N 7934'54" W, 68.35 feet to a point,
22-22 11. N 6427'10" W, 107.77 feet to a point,
22-23 12. S 1226'21" W, 41.26 feet to a point,
22-24 13. S 0505'42" W, 180.24 feet to a point,
22-25 14. S 1626'09" W, 63.10 feet to a point,
23-1 15. S 2549'20" W, 66.44 feet to a point,
23-2 16. S 1559'31" E, 36.80 feet to a point,
23-3 17. S 3621'33" E, 137.82 feet to a point,
23-4 18. S 0357'22" E, 68.35 feet to a point,
23-5 19. S 2145'38" W, 84.09 feet to a point,
23-6 20. S 8329'24" W, 79.80 feet to the POINT OF BEGINNING containing
23-7 3.51 acres of land more or less.
23-8 TRACT C
23-9 BEGINNING at the northeast corner of St. Micheal's Academy, a
23-10 subdivision whose plat is recorded in Book 84, Pages 187C through
23-11 188A of the Plat Records of Travis County;
23-12 THENCE along the north line of the said St. Michael's Academy
23-13 S 8540'50" W, 771.47 feet to a point for the southwest corner of
23-14 the herein described tract;
23-15 THENCE, departing the north line of the said St. Michael's
23-16 Academy the following eight (8) courses:
23-17 1. N 0446'04" W, 240.85 feet to a point,
23-18 2. N 5532'23" E, 117.21 feet to a point,
23-19 3. N 1040'16" W, 135.36 feet to a point,
23-20 4. N 8140'00" E, 9.41 feet to a point of curvature,
23-21 5. a distance of 15.66 feet along the arc of a curve to the left
23-22 whose radius is 405.00 feet, central angle is 0212'56" and whose
23-23 chord bears N 8033'32" E, 15.66 feet to a non-tangent point,
23-24 6. S 1035'24" E, 123.56 feet to a point,
23-25 7. S 7629'40" E, 708.19 feet to a point, and
24-1 8. a distance of 100.21 feet along the arc of a curve to the left
24-2 whose radius is 506.86 feet, central angle is 1119'38" and whose
24-3 chord bears S 1033'53" W, 100.04 feet to the POINT OF BEGINNING
24-4 containing 4.01 acres of land more or less.
24-5 TRACT D
24-6 COMMENCING for reference at a point on the north R.O.W. line
24-7 of said Barton Creek Boulevard being the northeast corner of said
24-8 The Estates of Barton Creek Section Two and being the northwest
24-9 corner of said The Estates of Barton Creek Section Two-A;
24-10 THENCE along the said north R.O.W. line of Barton Creek
24-11 Boulevard, S 8112'08" W, 588.67 feet to a point and departing the
24-12 said north R.O.W. line in a perpendicular direction N 0847'52" W,
24-13 1963.65 feet to the POINT OF BEGINNING of the herein described 0.65
24-14 acre tract;
24-15 THENCE along the perimeter of the said 0.65 acre tract in a
24-16 clockwise direction the following six (6) courses:
24-17 1. N 5915'18" E, 200.00 feet to a point,
24-18 2. S 0915'03" E, 50.00 feet to a point,
24-19 3. S 1605'03" E, 106.00 feet to a point,
24-20 4. S 6843'36" W, 179.00 feet to a point,
24-21 5. N 5807'56" W, 73.10 feet to a point, and
24-22 6. N 1434'57" E, 77.81 feet to the POINT OF BEGINNING containing
24-23 0.65 acres of land more or less.
24-24 TRACT E
24-25 COMMENCING for reference at a point on the north R.O.W. line
25-1 of said Barton Creek Boulevard being the northeast corner of said
25-2 The Estates of Barton Creek Section Two and being the northwest
25-3 corner of said The Estates of Barton Creek Section Two-A;
25-4 THENCE along the said north R.O.W. line of Barton Creek
25-5 Boulevard, S 8112'08" W, 101.30 feet to a point and departing the
25-6 said north R.O.W. line in a perpendicular direction N 0847'52" W,
25-7 2160.04 feet to the POINT OF BEGINNING of the herein described 4.87
25-8 acre tract;
25-9 THENCE along the perimeter of the said 4.87 acre tract in a
25-10 clockwise direction the following twenty-two (22) courses:
25-11 1. N 5915'18" E, 230.00 feet to a point,
25-12 2. N 8619'46" E, 104.97 feet to a point,
25-13 3. N 5344'52" E, 97.03 feet to a point,
25-14 4. N 3412'16" E, 84.94 feet to a point,
25-15 5. N 2928'35" E, 86.10 feet to a point,
25-16 6. N 2424'20" E, 144.76 feet to a point,
25-17 7. N 3558'16" E, 59.93 feet to a point,
25-18 8. N 6220'46" E, 173.95 feet to a point,
25-19 9. S 4414'50" E, 79.45 feet to a point of curvature,
25-20 10. a distance of 218.39 feet along the arc of a curve to the
25-21 right whose radius is 200.00 feet, central angle is 6233'47", and
25-22 whose chord bears S 1257'57" E, 207.70 feet to the point of
25-23 tangency,
25-24 11. S 1818'57" W, 72.26 feet to a point,
25-25 12. N 7147'36" W, 84.69 feet to a point,
26-1 13. S 4224'31" W, 98.37 feet to a point,
26-2 14. S 3934'28" W, 76.13 feet to a point,
26-3 15. S 6949'24" W, 179.27 feet to a point,
26-4 16. S 3804'05" W, 129.35 feet to a point,
26-5 17. S 6931'00" W, 42.14 feet to a point,
26-6 18. S 1730'04" W, 120.07 feet to a point,
26-7 19. S 6830'16" W, 106.56 feet to a point,
26-8 20. S 7811'42" W, 146.49 feet to a point,
26-9 21. N 2237'18" W, 58.00 feet to a point, and
26-10 22. N 0546'03" W, 154.00 feet to the POINT OF BEGINNING
26-11 containing 4.87 acres of land more or less.
26-12 TRACT F
26-13 COMMENCING for reference at a point on the north R.O.W. line
26-14 of said Barton Creek Boulevard being the northeast corner of said
26-15 The Estates of Barton Creek Section Two and being the northwest
26-16 corner of said The Estates of Barton Creek Section Two-A;
26-17 THENCE along the said north R.O.W. line of Barton Creek
26-18 Boulevard, N 8112'08" E, 754.26 feet to a point and departing the
26-19 said north R.O.W. line in a perpendicular direction N 0847'52" W,
26-20 1716.67 feet to the POINT OF BEGINNING of the herein described 3.33
26-21 acre tract;
26-22 THENCE along the perimeter of the said 3.33 acre tract in a
26-23 clockwise direction the following thirteen (13) courses:
26-24 1. N 1946'14" W, 185.60 feet to a point,
26-25 2. N 1239'19" E, 185.51 feet to a point,
27-1 3. N 2745'26" E, 90.72 feet to a point,
27-2 4. N 1848'19" E, 149.68 feet to a point,
27-3 5. N 1118'48" E, 92.62 feet to a point,
27-4 6. N 8631'32" W, 119.08 feet to a non-tangent point of curvature,
27-5 7. a distance of 33.02 feet along the arc of a curve to the left
27-6 whose radius is 250.00 feet, central angle is 0734'07" and whose
27-7 chord bears N 0131'08" E, 33.00 feet to a point,
27-8 8. N 8909'54" E, 141.96 feet to a point,
27-9 9. N 8850'23" E, 89.88 feet to a point,
27-10 10. S 0049'44" W, 408.70 feet to a point,
27-11 11. S 1510'23" E, 182.56 feet to a point,
27-12 12. S 2756'21" W, 132.27 feet to a point, and
27-13 13. S 8633'33" W, 180.58 feet to the POINT OF BEGINNING
27-14 containing 3.33 acres of land more or less.
27-15 TRACT G
27-16 COMMENCING for reference at a point on the north R.O.W. line
27-17 of said Barton Creek Boulevard being the northeast corner of said
27-18 The Estates of Barton Creek Section Two and being the northwest
27-19 corner of said The Estates of Barton Creek Section Two-A;
27-20 THENCE along the said north R.O.W. line of Barton Creek
27-21 Boulevard, S 8112'08" W, 73.28 feet to a point and departing the
27-22 said north R.O.W. line in a perpendicular direction N 0847'52" W,
27-23 1110.58 feet to the POINT OF BEGINNING of the herein described 3.60
27-24 acre tract;
27-25 THENCE along the perimeter of the said 3.60 acre tract in a
28-1 clockwise direction the following thirteen (13) courses:
28-2 1. S 8251'29" W, 222.08 feet to a point,
28-3 2. N 1956'25" E, 84.48 feet to a point,
28-4 3. N 0407'00" W, 93.27 feet to a point,
28-5 4. N 0220'36" W, 42.90 feet to a point,
28-6 5. N 0543'29" E, 105.50 feet to a point,
28-7 6. N 2651'13" E, 97.07 feet to a point,
28-8 7. N 7925'42" E, 189.12 feet to a point,
28-9 8. N 5637'30" E, 410.93 feet to a point,
28-10 9. S 3630'48" E, 84.48 feet to a point,
28-11 10. S 5316'31" W, 119.92 feet to a point,
28-12 11. S 4806'24" W, 68.94 feet to a point,
28-13 12. S 3553'27" W, 397.24 feet to a point, and
28-14 13. S 2156'19" W, 142.91 feet to the POINT OF BEGINNING
28-15 containing 3.60 acres of land more or less.
28-16 SUBSECTION 4. FINDINGS RELATING TO BOUNDARIES. The
28-17 legislature finds that the boundaries and field notes of the
28-18 district form a closure. A mistake in the field notes or in
28-19 copying the field notes in the legislative process does not affect
28-20 the organization, existence, or validity of the district, the right
28-21 of the district to levy and collect taxes, or the legality or
28-22 operation of the district or its governing body.
28-23 SUBSECTION 5. FINDING OF BENEFIT. All of the land and other
28-24 property included within the boundaries of the district will be
28-25 benefited by the works and projects that are to be accomplished by
29-1 the district under the powers conferred by Article XVI, Section 59,
29-2 of the Texas Constitution. The district is created to serve a
29-3 public use and benefit.
29-4 SUBSECTION 6. POWERS. (a) The district has all of the
29-5 rights, powers, privileges, authority, functions, and duties
29-6 provided by the general law of this state, including Chapters 50
29-7 and 54, Water Code, applicable to municipal utility districts
29-8 created under Article XVI, Section 59, of the Texas Constitution.
29-9 This Act prevails over any provision of general law that is in
29-10 conflict or inconsistent with this Act.
29-11 (b) The rights, powers, privileges, authority, functions,
29-12 and duties of the district are subject to the continuing right of
29-13 supervision of the state to be exercised by and through the
29-14 Commission.
29-15 SUBSECTION 7. BOARD OF DIRECTORS. (a) The district is
29-16 governed by a board of five directors.
29-17 (b) Temporary directors serve until initial permanent
29-18 directors are elected under Subsection 9.
29-19 (c) Initial permanent directors serve until permanent
29-20 directors are elected under Subsection 10.
29-21 (d) Permanent directors other than initial permanent
29-22 directors serve staggered four year terms.
29-23 (e) Each director must qualify to serve as director in the
29-24 manner provided by Sections 54.025 or 54.116, Water Code, as
29-25 appropriate.
30-1 (f) A director serves until the director's successor has
30-2 qualified.
30-3 SUBSECTION 8. TEMPORARY DIRECTORS. (a) The temporary board
30-4 of directors is composed of:
30-5 (1) ___________
30-6 (2) ___________
30-7 (3) ___________
30-8 (4) ___________
30-9 (5) ___________
30-10 (b) If a temporary director fails to qualify for office, the
30-11 temporary directors who have qualified shall appoint a person to
30-12 fill the vacancy. If at any time there are fewer than three
30-13 qualified temporary directors, the Commission shall appoint the
30-14 necessary number of persons to fill all vacancies on the board.
30-15 SUBSECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
30-16 (a) The temporary board of directors shall call and hold an
30-17 election to confirm establishment of the district and to elect five
30-18 initial directors as provided by Chapter 54, Water Code.
30-19 (b) Subsection (a), Section 41.001, Election Code, does not
30-20 apply to a confirmation election held as provided by this section.
30-21 SUBSECTION 10. ELECTION OF DIRECTORS. On the first Saturday
30-22 in May of the fourth year after the year in which the confirmation
30-23 election is held, an election shall be held in the district for the
30-24 election of two directors which shall each serve two year terms and
30-25 three directors who shall serve four year terms. Thereafter, on
31-1 the same date in each subsequent second year, the appropriate
31-2 number of directors shall be elected to the board.
31-3 SUBSECTION 11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
31-4 No municipality in whose extraterritorial jurisdiction the district
31-5 is located shall pass any ordinances, resolutions or otherwise take
31-6 any actions which impair the ability of the district to exercise
31-7 its powers under this Act or which would limit the ability of the
31-8 district to finance, construct or operate its water, wastewater or
31-9 drainage systems.
31-10 SUBSECTION 12. ANNEXATION. The district may not be annexed
31-11 by a municipality in whose extraterritorial jurisdiction the
31-12 district lies without an affirmative vote of a majority of the
31-13 qualified voting electors at an election held by the district to
31-14 consider a proposition for or against such annexation.
31-15 SUBSECTION 13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
31-16 INSTALLATION OF FACILITIES. If a municipality in whose
31-17 extraterritorial jurisdiction the district is located annexes the
31-18 district for full or limited purposes and the annexation precludes
31-19 or impairs the ability of the district to issue bonds, the
31-20 municipality shall, simultaneously with the annexation, pay in cash
31-21 to the landowner or developer of the district a sum equal to all
31-22 actual costs and expenses incurred by the landowner or developer in
31-23 connection with the district that the district has, in writing,
31-24 agreed to pay and that would otherwise have been eligible for
31-25 reimbursement from bond proceeds under the rules and requirements
32-1 of the Commission as such rules and requirements exist on the date
32-2 of annexation. The municipality shall further be required to
32-3 install after annexation all necessary water, wastewater and
32-4 drainage facilities to serve full buildout of development within
32-5 the district.
32-6 SECTION 2. CREATION, ADMINISTRATION, POWERS, DUTIES,
32-7 OPERATION, AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY
32-8 DISTRICT NO. 4.
32-9 SUBSECTION 1. CREATION. (a) A conservation and reclamation
32-10 district, to be known as Travis County Municipal Utility District
32-11 No. 4, is created in Travis County, subject to approval at a
32-12 confirmation election under Subsection 9 of this Act. The district
32-13 is a governmental agency and a body politic and corporate.
32-14 (b) The district is created under and is essential to
32-15 accomplish the purposes of Article XVI, Section 59, of the Texas
32-16 Constitution.
32-17 SUBSECTION 2. DEFINITION. In this Act:
32-18 (1) "Commission" means the Texas Natural Resource
32-19 Conservation Commission.
32-20 (2) "District" means Travis County Municipal Utility
32-21 District No. 4.
32-22 SUBSECTION 3. BOUNDARIES. The district includes the
32-23 territory contained within the following area:
32-24 A DESCRIPTION, PREPARED IN THE OFFICE FROM INFORMATION OBTAINED
32-25 THROUGH PUBLIC RECORDS OF 519.01 ACRES OF LAND SITUATED IN THE
33-1 JAMES M. TRIBBLE SURVEY NO. 418, THE DRURY H. MINOR SURVEY NO.
33-2 416, THE ISAAC PERKINS SURVEY NO. 38, THE ISAAC PERKINS SURVEY NO.
33-3 37, THE H. BOND SURVEY NO. 54, THE PATTERSON MOORE SURVEY NO. 84,
33-4 THE JOHN L. BRAY SURVEY NO. 72, AND THE A. EANES SURVEY NO. 509,
33-5 TRAVIS COUNTY, TEXAS, BEING ALL OF THAT CERTAIN 100.087 ACRE TRACT
33-6 OF LAND CONVEYED TO BARTON CREEK PROPERTIES INC. BY WARRANTY DEED
33-7 RECORDED IN VOLUME 10763, PAGE 0151 OF THE REAL PROPERTY RECORDS OF
33-8 TRAVIS COUNTY, TEXAS, AND ALL OF THAT CERTAIN 200.388 ACRES OF LAND
33-9 CONVEYED TO BARTON CREEK PROPERTIES INC. BY GENERAL WARRANTY DEED
33-10 RECORDED IN VOLUME 11604, PAGE 175 OF THE SAID REAL PROPERTY
33-11 RECORDS AND BEING ALL OF THAT CERTAIN 38.311 ACRE TRACT OF LAND,
33-12 DESIGNATED AS TRACT TWO AND A PORTION OF THAT CERTAIN 30.997 ACRE
33-13 TRACT OF LAND, DESIGNATED AS TRACT ONE, CONVEYED TO BARTON CREEK
33-14 PROPERTIES INC. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME 10769,
33-15 PAGE 1255 OF THE SAID REAL PROPERTY RECORDS, ALSO BEING A PORTION
33-16 OF THAT CERTAIN 992.199 ACRE TRACT OF LAND CONVEYED TO BARTON CREEK
33-17 PROPERTIES INC. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME 10762,
33-18 PAGE 517 OF THE SAID REAL PROPERTY RECORDS, SAID 519.01 ACRES OF
33-19 LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
33-20 FOLLOWS:
33-21 BEGINNING at a point on the south right-of-way (R.O.W.) line
33-22 of Barton Creek Boulevard, an eighty (80) foot wide R.O.W., said
33-23 point being the most westerly northwest corner of that certain
33-24 45.107 acre tract of land described in a general warranty deed to
33-25 Barton Creek Properties Inc. recorded in Volume 11604, Page 175 of
34-1 the said Real Property Records;
34-2 THENCE along the westerly lines of the said 45.107 acre tract
34-3 and the said south R.O.W. line of Barton Creek Boulevard the
34-4 following fifteen (15) courses:
34-5 1. N 8112'08" E, 155.12 feet to a point,
34-6 2. departing the said south R.O.W. line continuing along the
34-7 westerly lines of the said 45.107 acre tract S 3209'13" E, 633.79
34-8 feet to a point,
34-9 3. S 6822'37" E, 208.69 feet to a point,
34-10 4. S 5013'51" E, 241.99 feet to a point,
34-11 5. S 6902'34" E, 81.92 feet to a point,
34-12 6. N 8147'21" E, 120.43 feet to a point,
34-13 7. N 1930'00" W, 280.70 feet to a point,
34-14 8. N 4706'43" E, 454.77 feet to a point,
34-15 9. N 7735'55" E, 341.77 feet to a point,
34-16 10. N 7930'41" E, 212.04 feet to a point,
34-17 11. N 0231'08" E, 152.45 feet to a point,
34-18 12. N 4918'40" W, 340.52 feet to a point,
34-19 13. N 4954'10" W, 321.85 feet to a point,
34-20 14. N 6611'15" W, 189.97 feet to a point, and
34-21 15. N 0415'45" E, 80.72 feet to a point on the south R.O.W. line
34-22 of Barton Creek Club Barton Club Drive Street Dedication whose plat
34-23 is recorded in Book 86, Pages 22D through 23A of the Plat Records
34-24 of Travis County, Texas;
34-25 THENCE, departing the westerly lines of the said 45.107 acre
35-1 tract along the south R.O.W. line of Barton Club Drive the
35-2 following two (2) courses:
35-3 1. S 8609'34" W, 139.34 feet to a point of curvature, and
35-4 2. a distance of 29.13 feet along the arc of a curve to the left
35-5 whose radius is 25.00 feet, central angle is 6645'32", and whose
35-6 chord bears S 5248'30" W, 27.51 feet to a point on the curving
35-7 east R.O.W. line of the said Barton Creek Boulevard;
35-8 THENCE, departing the south R.O.W. line of Barton Club Drive,
35-9 along the east R.O.W. line of the said Barton Creek Boulevard, the
35-10 following three (3) courses:
35-11 1. a distance of 331.06 feet along the arc of a curve to the left
35-12 whose radius is 540.00 feet, central angle is 3507'35", and whose
35-13 chord bears N 0151'58" E, 325.90 feet to the point of tangency,
35-14 2. N 1541'50" W, 293.79 feet to a point of curvature, and
35-15 3. a distance of 82.25 feet along the arc of a curve to the right
35-16 whose radius is 460.00 feet, central angle is 1014'40", and whose
35-17 chord bears N 1034'30" W, 82.14 feet to the northwest corner of
35-18 that certain 13.044 acre tract of land conveyed to Barton Creek
35-19 Properties Inc. by general warranty deed recorded in Volume 11604,
35-20 Page 175 of the said Real Property Records;
35-21 THENCE, departing the said east R.O.W. line of Barton Creek
35-22 Boulevard along the north lines of the said 13.044 acre tract, the
35-23 following six (6) courses:
35-24 1. N 4305'34" E, 468.80 feet to a point,
35-25 2. N 1200'03" E, 246.77 feet to a point,
36-1 3. N 5520'24" E, 142.13 feet to a point,
36-2 4. S 7936'17" E, 463.00 feet to a point,
36-3 5. S 0132'59" W, 256.06 feet to a point, and
36-4 6. S 4340'54" E, 190.92 feet to a point on the north line of The
36-5 Second Replat of Barton Creek Club, a subdivision whose plat is
36-6 recorded in Book 89, Pages 168 through 171 of the said Plat
36-7 Records;
36-8 THENCE, departing the north lines of the said 13.044 acre
36-9 tract along the north line of the said Barton Creek Club, the
36-10 following six (6) courses:
36-11 1. N 4657'01" E, 54.20 feet to a point,
36-12 2. S 6440'59" E, 214.00 feet to a point,
36-13 3. S 4735'59" E, 329.18 feet to a point,
36-14 4. N 8641'31" E, 115.73 feet to a point,
36-15 5. N 7230'24" E, 425.99 feet to a point, and
36-16 6. S 1102'56" W, 254.74 feet to a point for an easterly corner of
36-17 that certain 45.141 acre tract described in a general warranty deed
36-18 to Barton Creek Properties Inc. recorded in Volume 11064, Page 175
36-19 of the said Real Property Records;
36-20 THENCE, departing the north lines of the said Barton Creek
36-21 Club along the west and north lines of the said 45.141 acre tract,
36-22 the following sixteen (16) courses:
36-23 1. N 5123'20" E, 84.73 feet to a point,
36-24 2. N 2011'54" E, 249.89 feet to a point,
36-25 3. S 8240'42" W, 301.03 feet to a point,
37-1 4. N 3926'48" W, 65.40 feet to a point,
37-2 5. N 5942'08" E, 206.12 feet to a point,
37-3 6. N 1140'24" E, 156.85 feet to a point,
37-4 7. N 1957'53" E, 369.50 feet to a point,
37-5 8. N 2505'34" W, 151.78 feet to a point,
37-6 9. N 0419'26" W, 538.16 feet to a point,
37-7 10. N 0519'27" E, 264.65 feet to a point of curvature,
37-8 11. a distance of 320.20 feet along the arc of a curve to the
37-9 right whose radius is 460.00 feet, central angle is 3952'58", and
37-10 whose chord bears S 5954'01" E, 313.77 feet to the point of
37-11 tangency,
37-12 12. S 3957'32" E, 183.09 feet to a point of curvature,
37-13 13. a distance of 239.03 feet along the arc of a curve to the left
37-14 whose radius is 540.29 feet, central angle is 2520'53", and whose
37-15 chord bears S 5237'58" E, 237.09 feet to a non-tangent point,
37-16 14. S 3341'10" W, 31.97 feet to a non-tangent point of curvature,
37-17 15. S 2804'19" E, 576.10 feet to a point, and
37-18 16. S 3608'45" E, 627.13 feet to a point in an east line of the
37-19 said 992.199 acre tract;
37-20 THENCE, departing the north lines of the said 45.411 acre
37-21 tract along the easterly lines of the said 992.199 acre tract the
37-22 following twelve (12) courses:
37-23 1. S 2633'24" W, 32.87 feet to a point,
37-24 2. S 2837'39" W, 497.06 feet to a point,
37-25 3. S 2748'50" W, 97.90 feet to a point,
38-1 4. S 2907'00" W, 378.12 feet to a point,
38-2 5. S 2938'03" W, 69.48 feet to a point,
38-3 6. S 2827'03" W, 239.88 feet to a point,
38-4 7. S 8644'29" E, 1,284.61 feet to a point,
38-5 8. S 3451'24" E, 1,156.19 feet to a point,
38-6 9. S 5013'07" W, 299.96 feet to a point,
38-7 10. S 5522'07" W, 758.11 feet to a point,
38-8 11. S 3859'07" W, 570.11 feet to a point, and
38-9 12. S 2345'07" W, 325.17 feet to the most easterly southeast
38-10 corner of the said 992.199 acre tract in the north line of the said
38-11 Barton Creek Properties Inc. 100.087 acre tract;
38-12 THENCE along the north, east, and south lines of the said
38-13 100.087 acre tract the following eleven (11) courses:
38-14 1. S 2144'42" W, 102.98 feet to a point,
38-15 2. S 0214'03" E, 490.97 feet to a point,
38-16 3. S 6020'03" E, 200.50 feet to a point,
38-17 4. S 3138'03" E, 378.64 feet to a point,
38-18 5. S 4504'03" E, 250.09 feet to a point,
38-19 6. S 6130'03" E, 741.87 feet to a point,
38-20 7. S 1308'03" E, 518.29 feet to a point,
38-21 8. S 2902'10" W, 305.89 feet to a point,
38-22 9. N 8141'03" W, 743.04 feet to a point,
38-23 10. S 8922'57" W, 740.04 feet to a point, and
38-24 11. N 3022'03" W, 107.72 feet to the northeast corner of the said
38-25 38.311 acre tract;
39-1 THENCE along the south and west lines of the said 38.311 acre
39-2 tract the following sixteen (16) courses:
39-3 1. S 6227'55" W, 169.30 feet to a point,
39-4 2. N 4032'19" W, 347.64 feet to a point,
39-5 3. N 6437'21" W, 142.17 feet to a point,
39-6 4. N 8456'53" W, 268.49 feet to a point in the northeast line of
39-7 The Foothills of Barton Creek, a subdivision whose plat is recorded
39-8 in Book 85, Pages 74D through 75C of the said Plat Records,
39-9 5. along the north lines of the said The Foothills of Barton
39-10 Creek, continuing along the south line of the said 38.311 acre
39-11 tract S 6856'35" W, 54.85 feet to a point,
39-12 6. S 6931'02" W, 408.13 feet to a point,
39-13 7. S 7321'40" W, 348.16 feet to a point,
39-14 8. S 8432'40" W, 276.16 feet to a point,
39-15 9. S 7921'40" W, 302.77 feet to a point,
39-16 10. N 8404'20" W, 272.32 feet to a point,
39-17 11. N 7016'20" W, 88.86 feet to a point,
39-18 12. S 7848'40" W, 81.82 feet to a point,
39-19 13. S 8527'40" W, 172.98 feet to a point,
39-20 14. N 8847'20" W, 48.24 feet to a point,
39-21 15. S 5621'40" W, 80.05 feet to a point, and
39-22 16. S 8148'40" W, 152.04 feet to a point on the east line of The
39-23 Estates Above Lost Creek, a subdivision whose plat is recorded in
39-24 Book 81, Pages 286 through 294 of the said Plat Records;
39-25 THENCE, departing the north line of said The Foothills of
40-1 Barton Creek along the east line of said The Estates Above Lost
40-2 Creek the following six (6) courses:
40-3 1. N 3205'57" W, 65.61 feet to a point,
40-4 2. N 2821'51" E, 634.36 feet to a point,
40-5 3. N 0242'23" E, 92.91 feet to a point,
40-6 4. N 2803'03" E, 52.52 feet to a point,
40-7 5. N 3856'19" E, 37.87 feet to a point, and
40-8 6. N 5157'00" E, 37.52 feet to a point;
40-9 THENCE, departing the east line of said The Estates Above
40-10 Lost Creek and the west line of the said 38.311 acre tract,
40-11 crossing the said 30.997 acre tract N 4921'11" E, 848.83 feet to a
40-12 point in the west line of the Ben Crenshaw Golf Course, a
40-13 subdivision, whose plat is recorded in Book 88, Pages 310 through
40-14 312 of the said Plat Records;
40-15 THENCE along the west lines of said Ben Crenshaw Golf Course
40-16 the following six (6) courses:
40-17 1. N 1954'01" W, 82.85 feet to a point,
40-18 2. N 0102'59" E, 382.06 feet to a point,
40-19 3. N 3344'58" E, 856.79 feet to a point,
40-20 4. N 0219'32" W, 394.32 feet to a point,
40-21 5. N 2630'40" E, 665.81 feet to a point, and
40-22 6. N 0628'34" E, 186.19 feet to a point to a point in a southerly
40-23 line of said 45.107 acre tract;
40-24 THENCE, departing the west line of the said Ben Crenshaw Golf
40-25 Course, along the southerly lines of said 45.107 acre tract the
41-1 following twelve (12) courses:
41-2 1. S 7343'57" W, 280.95 feet to a point,
41-3 2. N 5737'12" W, 149.20 feet to a point,
41-4 3. S 6903'49" W, 370.24 feet to a point,
41-5 4. S 7222'24" W, 508.89 feet to a point,
41-6 5. S 4746'42" E, 423.06 feet to a point,
41-7 6. S 2900'09" W, 202.95 feet to a point,
41-8 7. N 6838'09" W, 141.10 feet to a point,
41-9 8. N 8350'22" W, 126.73 feet to a point,
41-10 9. N 3213'32" W, 234.41 feet to a point,
41-11 10. N 7252'46" W, 923.63 feet to a point,
41-12 11. N 2521'45" W, 285.52 feet to a point, and
41-13 12. N 1855'37" W, 560.46 feet to the POINT OF BEGINNING
41-14 containing 437.63 acres of land more or less TOGETHER WITH 53.91
41-15 acres of land, being an 8.081 acre tract of land, a 20.029 acre
41-16 tract of land, a 17.516 acre tract of land, and an 8.284 acre tract
41-17 and being more particularly described in a general warranty deed to
41-18 Barton Creek Properties Inc. recorded in Volume 11604, Page 175 of
41-19 the said Real Property Records, and TOGETHER WITH 27.47 acres of
41-20 land more or less for a total area herein described of 519.01
41-21 acres, said 27.47 acres being seven (7) tracts of land designated
41-22 as Tracts A, B, C, D, E, F and G containing 7.50 acres, 3.51 acres,
41-23 4.01 acres, 0.65 acres, 4.87 acres, 3.33 acres and 3.60 acres of
41-24 land respectively and being more particularly described by metes
41-25 and bounds as follows:
42-1 TRACT A
42-2 COMMENCING for reference at a point on the north R.O.W. line
42-3 of said Barton Creek Boulevard, being the northeast corner of The
42-4 Estates of Barton Creek Section Two, a subdivision whose plat is
42-5 recorded in Book 85, Pages 118B through 119A of the said Plat
42-6 Records;
42-7 THENCE along the said north R.O.W. line of Barton Creek
42-8 Boulevard, S 8112'08" W, 1250.04 feet to a point and departing the
42-9 said north R.O.W. line in a perpendicular direction crossing the
42-10 said 992.199 acres N 0847'52" W, 1271.52 feet to the POINT OF
42-11 BEGINNING of the herein described 7.50 acre tract;
42-12 THENCE, continuing to cross the said 992.199 acres along the
42-13 perimeter of the said 7.50 acre tract in a clockwise direction the
42-14 following thirty-eight (38) courses:
42-15 1. N 3041'58" W, 67.67 feet to a point,
42-16 2. N 5553'23" W, 139.91 feet to a point,
42-17 3. N 5931'30" W, 247.65 feet to a point,
42-18 4. N 7422'36" W, 138.54 feet to a point,
42-19 5. S 5958'15" W, 135.30 feet to a point,
42-20 6. S 5954'25" W, 446.39 feet to a point,
42-21 7. S 1630'25" E, 112.82 feet to a non-tangent point of curvature,
42-22 8. a distance of 33.16 feet along the arc of a curve to the right
42-23 whose radius is 345.00 feet, central angle is 0530'26" and whose
42-24 chord bears S 7854'47" W, 33.15 feet to a non-tangent point,
42-25 9. N 1630'25" W, 151.05 feet to a point,
43-1 10. N 0205'36" E, 47.91 feet to a point,
43-2 11. N 2322'28" E, 47.89 feet to a point,
43-3 12. N 3703'23" E, 416.69 feet to a point,
43-4 13. N 3756'40" E, 63.67 feet to a point,
43-5 14. N 5231'47" E, 50.40 feet to a point,
43-6 15. N 7116'13" E, 50.42 feet to a point,
43-7 16. S 8957'57" E, 50.50 feet to a point,
43-8 17. S 7128'25" E, 49.57 feet to a point,
43-9 18. S 6053'36" E, 73.82 feet to a point,
43-10 19. S 6042'59" E, 69.78 feet to a point,
43-11 20. S 6200'49" E, 73.56 feet to a point,
43-12 21. S 6631'28" E, 75.01 feet to a point,
43-13 22. S 7140'40" E, 75.46 feet to a point,
43-14 23. S 7639'35" E, 75.28 feet to a point,
43-15 24. S 8140'07" E, 75.29 feet to a point,
43-16 25. S 8641'17" E, 75.13 feet to a point,
43-17 26. N 8943'39" E, 71.50 feet to a point,
43-18 27. S 8933'24" E, 60.75 feet to a point,
43-19 28. N 0823'51" E, 120.04 feet to a point,
43-20 29. S 8132'02" E, 24.59 feet to a point,
43-21 30. S 0807'44" W, 119.95 feet to a point,
43-22 31. S 4620'07" E, 31.26 feet to a point,
43-23 32. S 2711'00" E, 42.68 feet to a point,
43-24 33. S 1601'31" E, 67.92 feet to a point,
43-25 34. S 0319'59" E, 47.30 feet to a point,
44-1 35. S 1829'47" W, 47.28 feet to a point,
44-2 36. S 4028'45" W, 47.37 feet to a point,
44-3 37. S 6007'59" W, 58.23 feet to a point, and
44-4 38. S 6235'42" W, 146.72 feet to the POINT OF BEGINNING
44-5 containing 7.50 acres of land more or less.
44-6 TRACT B
44-7 COMMENCING for reference at a point on the north R.O.W. line
44-8 of said Barton Creek Boulevard being the northeast corner of said
44-9 The Estates of Barton Creek Section Two and being the northwest
44-10 corner of said The Estates of Barton Creek Section Two-A;
44-11 THENCE along the said north R.O.W. line of Barton Creek
44-12 Boulevard, S 8112'08" W, 997.99 feet to a point and departing the
44-13 said north R.O.W. line in a perpendicular direction N 0847'52" W,
44-14 592.77 feet to the POINT OF BEGINNING of the herein described 3.51
44-15 acre tract;
44-16 THENCE along the perimeter of the said 3.51 acre tract in a
44-17 clockwise direction the following twenty (20) courses:
44-18 1. N 5147'58" W, 108.64 feet to a point,
44-19 2. N 1921'57" W, 84.55 feet to a point,
44-20 3. N 1438'00" E, 645.67 feet to a non-tangent point of
44-21 curvature,
44-22 4. a distance of 93.77 feet along the arc of a curve to the left
44-23 whose radius is 305.00 feet, central angle is 1736'51" and whose
44-24 chord bears N 0131'14" E, 93.40 feet to a point,
44-25 5. N 8242'49" E, 140.05 feet to a point,
45-1 6. S 7913'21" E, 148.22 feet to a point,
45-2 7. S 0226'13" W, 134.15 feet to a point,
45-3 8. S 1724'24" W, 136.48 feet to a point,
45-4 9. S 7858'23" W, 40.90 feet to a point,
45-5 10. N 7934'54" W, 68.35 feet to a point,
45-6 11. N 6427'10" W, 107.77 feet to a point,
45-7 12. S 1226'21" W, 41.26 feet to a point,
45-8 13. S 0505'42" W, 180.24 feet to a point,
45-9 14. S 1626'09" W, 63.10 feet to a point,
45-10 15. S 2549'20" W, 66.44 feet to a point,
45-11 16. S 1559'31" E, 36.80 feet to a point,
45-12 17. S 3621'33" E, 137.82 feet to a point,
45-13 18. S 0357'22" E, 68.35 feet to a point,
45-14 19. S 2145'38" W, 84.09 feet to a point, and
45-15 20. S 8329'24" W, 79.80 feet to the POINT OF BEGINNING containing
45-16 3.51 acres of land more or less.
45-17 TRACT C
45-18 BEGINNING at the northeast corner of St. Micheal's Academy, a
45-19 subdivision whose plat is recorded in Book 84, Pages 187C through
45-20 188A of the Plat Records of Travis County;
45-21 THENCE along the north line of the said St. Michael's Academy
45-22 S 8540'50" W, 771.47 feet to a point for the southwest corner of
45-23 the herein described tract;
45-24 THENCE, departing the north line of the said St. Michael's
45-25 Academy the following eight (8) courses:
46-1 1. N 0446'04" W, 240.85 feet to a point,
46-2 2. N 5532'23" E, 117.21 feet to a point,
46-3 3. N 1040'16" W, 135.36 feet to a point,
46-4 4. N 8140'00" E, 9.41 feet to a point of curvature,
46-5 5. a distance of 15.66 feet along the arc of a curve to the left
46-6 whose radius is 405.00 feet, central angle is 0212'56" and whose
46-7 chord bears N 8033'32" E, 15.66 feet to a non-tangent point,
46-8 6. S 1035'24" E, 123.56 feet to a point,
46-9 7. S 7629'40" E, 708.19 feet to a point, and
46-10 8. a distance of 100.21 feet along the arc of a curve to the left
46-11 whose radius is 506.86 feet, central angle is 1119'38" and whose
46-12 chord bears S 1033'53" W, 100.04 feet to the POINT OF BEGINNING
46-13 containing 4.01 acres of land more or less.
46-14 TRACT D
46-15 COMMENCING for reference at a point on the north R.O.W. line
46-16 of said Barton Creek Boulevard being the northeast corner of said
46-17 The Estates of Barton Creek Section Two and being the northwest
46-18 corner of said The Estates of Barton Creek Section Two-A;
46-19 THENCE along the said north R.O.W. line of Barton Creek
46-20 Boulevard, S 8112'08" W, 588.67 feet to a point and departing the
46-21 said north R.O.W. line in a perpendicular direction N 0847'52" W,
46-22 1963.65 feet to the POINT OF BEGINNING of the herein described 0.65
46-23 acre tract;
46-24 THENCE along the perimeter of the said 0.65 acre tract in a
46-25 clockwise direction the following six (6) courses:
47-1 1. N 5915'18" E, 200.00 feet to a point,
47-2 2. S 0915'03" E, 50.00 feet to a point,
47-3 3. S 1605'03" E, 106.00 feet to a point,
47-4 4. S 6843'36" W, 179.00 feet to a point,
47-5 5. N 5807'56" W, 73.10 feet to a point, and
47-6 6. N 1434'57" E, 77.81 feet to the POINT OF BEGINNING containing
47-7 0.65 acres of land more or less.
47-8 TRACT E
47-9 COMMENCING for reference at a point on the north R.O.W. line
47-10 of said Barton Creek Boulevard being the northeast corner of said
47-11 The Estates of Barton Creek Section Two and being the northwest
47-12 corner of said The Estates of Barton Creek Section Two-A;
47-13 THENCE along the said north R.O.W. line of Barton Creek
47-14 Boulevard, S 8112'08" W, 101.30 feet to a point and departing the
47-15 said north R.O.W. line in a perpendicular direction N 0847'52" W,
47-16 2160.04 feet to the POINT OF BEGINNING of the herein described 4.87
47-17 acre tract;
47-18 THENCE along the perimeter of the said 4.87 acre tract in a
47-19 clockwise direction the following twenty-two (22) courses:
47-20 1. N 5915'18" E, 230.00 feet to a point,
47-21 2. N 8619'46" E, 104.97 feet to a point,
47-22 3. N 5344'52" E, 97.03 feet to a point,
47-23 4. N 3412'16" E, 84.94 feet to a point,
47-24 5. N 2928'35" E, 86.10 feet to a point,
47-25 6. N 2424'20" E, 144.76 feet to a point,
48-1 7. N 3558'16" E, 59.93 feet to a point,
48-2 8. N 6220'46" E, 173.95 feet to a point,
48-3 9. S 4414'50" E, 79.45 feet to a point of curvature,
48-4 10. a distance of 218.39 feet along the arc of a curve to the
48-5 right whose radius if 200.00 feet, central angle is 6233'47", and
48-6 whose chord bears S 1257'57" E, 207.70 feet to the point of
48-7 tangency,
48-8 11. S 1818'57" W, 72.26 feet to a point,
48-9 12. N 7147'36" W, 84.69 feet to a point,
48-10 13. S 4224'31" W, 98.37 feet to a point,
48-11 14. S 3934'28" W, 76.13 feet to a point,
48-12 15. S 6949'24" W, 179.27 feet to a point,
48-13 16. S 3804'05" W, 129.35 feet to a point,
48-14 17. S 6931'00" W, 42.14 feet to a point,
48-15 18. S 1730'04" W, 120.07 feet to a point,
48-16 19. S 6830'16" W, 106.56 feet to a point,
48-17 20. S 7811'42" W, 146.49 feet to a point,
48-18 21. N 2237'18" W, 58.00 feet to a point, and
48-19 22. N 0546'03" W, 154.00 feet to the POINT OF BEGINNING
48-20 containing 4.87 acres of land more or less.
48-21 TRACT F
48-22 COMMENCING for reference at a point on the north R.O.W. line
48-23 of said Barton Creek Boulevard being the northeast corner of said
48-24 The Estates of Barton Creek Section Two and being the northwest
48-25 corner of said The Estates of Barton Creek Section Two-A;
49-1 THENCE along the said north R.O.W. line of Barton Creek
49-2 Boulevard, N 8112'08" E, 754.26 feet to a point and departing the
49-3 said north R.O.W. line in a perpendicular direction N 0847'52" W,
49-4 1716.67 feet to the POINT OF BEGINNING of the herein described 3.33
49-5 acre tract;
49-6 THENCE along the perimeter of the said 3.33 acre tract in a
49-7 clockwise direction the following thirteen (13) courses:
49-8 1. N 1946'14" W, 185.60 feet to a point,
49-9 2. N 1239'19" E, 185.51 feet to a point,
49-10 3. N 2745'26" E, 90.72 feet to a point,
49-11 4. N 1848'19" E, 149.68 feet to a point,
49-12 5. N 1118'48" E, 92.62 feet to a point,
49-13 6. N 8631'32" W, 119.08 feet to a non-tangent point of curvature,
49-14 7. a distance of 33.02 feet along the arc of a curve to the left
49-15 whose radius is 250.00 feet, central angle is 0734'07" and whose
49-16 chord bears N 0131'08" E, 33.00 feet to a point,
49-17 8. N 8909'54" E, 141.96 feet to a point,
49-18 9. N 8850'23" E, 89.88 feet to a point,
49-19 10. S 0049'44" W, 408.70 feet to a point,
49-20 11. S 1510'23" E, 182.56 feet to a point,
49-21 12. S 2756'21" W, 132.27 feet to a point, and
49-22 13. S 8633'33" W, 180.58 feet to the POINT OF BEGINNING
49-23 containing 3.33 acres of land more or less.
49-24 TRACT G
49-25 COMMENCING for reference at a point on the north R.O.W. line
50-1 of said Barton Creek Boulevard being the northeast corner of said
50-2 The Estates of Barton Creek Section Two and being the northwest
50-3 corner of said The Estates of Barton Creek Section Two-A;
50-4 THENCE along the said north R.O.W. line of Barton Creek
50-5 Boulevard, S 8112'08" W, 73.28 feet to a point and departing the
50-6 said north R.O.W. line in a perpendicular direction N 0847'52" W,
50-7 1110.58 feet to the POINT OF BEGINNING of the herein described 3.60
50-8 acre tract;
50-9 THENCE along the perimeter of the said 3.60 acre tract in a
50-10 clockwise direction the following thirteen (13) courses:
50-11 1. S 8251'29" W, 222.08 feet to a point,
50-12 2. N 1956'25" E, 84.48 feet to a point,
50-13 3. N 0407'00" W, 93.27 feet to a point,
50-14 4. N 0220'36" W, 42.90 feet to a point,
50-15 5. N 0543'29" E, 105.50 feet to a point,
50-16 6. N 2651'13" E, 97.07 feet to a point,
50-17 7. N 7925'42" E, 189.12 feet to a point,
50-18 8. N 5637'30" E, 410.93 feet to a point,
50-19 9. S 3630'48" E, 84.48 feet to a point,
50-20 10. S 5316'31" W, 119.92 feet to a point,
50-21 11. S 4806'24" W, 68.94 feet to a point,
50-22 12. S 3553'27" W, 397.24 feet to a point, and
50-23 13. S 2156'19" W, 142.91 feet to the POINT OF BEGINNING
50-24 containing 3.60 acres of land more or less.
50-25 SUBSECTION 4. FINDINGS RELATING TO BOUNDARIES. The
51-1 legislature finds that the boundaries and field notes of the
51-2 district form a closure. A mistake in the field notes or in
51-3 copying the field notes in the legislative process does not affect
51-4 the organization, existence, or validity of the district, the right
51-5 of the district to levy and collect taxes, or the legality or
51-6 operation of the district or its governing body.
51-7 SUBSECTION 5. FINDING OF BENEFIT. All of the land and other
51-8 property included within the boundaries of the district will be
51-9 benefited by the works and projects that are to be accomplished by
51-10 the district under the powers conferred by Article XVI, Section 59,
51-11 of the Texas Constitution. The district is created to serve a
51-12 public use and benefit.
51-13 SUBSECTION 6. POWERS. (a) The district has all of the
51-14 rights, powers, privileges, authority, functions, and duties
51-15 provided by the general law of this state, including Chapters 50
51-16 and 54, Water Code, applicable to municipal utility districts
51-17 created under Article XVI, Section 59, of the Texas Constitution.
51-18 This Act prevails over any provision of general law that is in
51-19 conflict or inconsistent with this Act.
51-20 (b) The rights, powers, privileges, authority, functions,
51-21 and duties of the district are subject to the continuing right of
51-22 supervision of the state to be exercised by and through the
51-23 Commission.
51-24 SUBSECTION 7. BOARD OF DIRECTORS. (a) The district is
51-25 governed by a board of five directors.
52-1 (b) Temporary directors serve until initial permanent
52-2 directors are elected under Subsection 9.
52-3 (c) Initial permanent directors serve until permanent
52-4 directors are elected under Subsection 10.
52-5 (d) Permanent directors other than initial permanent
52-6 directors serve staggered four year terms.
52-7 (e) Each director must qualify to serve as director in the
52-8 manner provided by Sections 54.025 or 54.116, Water code, as
52-9 appropriate.
52-10 (f) A director serves until the director's successor has
52-11 qualified.
52-12 SUBSECTION 8. TEMPORARY DIRECTORS. (a) The temporary board
52-13 of directors is composed of:
52-14 (1) _______________
52-15 (2) _______________
52-16 (3) _______________
52-17 (4) _______________
52-18 (5) _______________
52-19 (b) If a temporary director fails to qualify for office, the
52-20 temporary directors who have qualified shall appoint a person to
52-21 fill the vacancy. If at any time there are fewer than three
52-22 qualified temporary directors, the Commission shall appoint the
52-23 necessary number of persons to fill all vacancies on the board.
52-24 SUBSECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
52-25 (a) The temporary board of directors shall call and hold an
53-1 election to confirm establishment of the district and to elect five
53-2 initial directors as provided by Chapter 54, Water Code.
53-3 (b) Subsection (a), Section 41.001, Election Code, does not
53-4 apply to a confirmation election held as provided by this section.
53-5 SUBSECTION 10. ELECTION OF DIRECTORS. On the first Saturday
53-6 in May of the fourth year after the year in which the confirmation
53-7 election is held, an election shall be held in the district for the
53-8 election of two directors which shall each serve two year terms and
53-9 three directors who shall serve four year terms. Thereafter, on
53-10 the same date in each subsequent second year, the appropriate
53-11 number of directors shall be elected to the board.
53-12 SUBSECTION 11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
53-13 No municipality in whose extraterritorial jurisdiction the district
53-14 is located shall pass any ordinances, resolutions or otherwise take
53-15 any actions which impair the ability of the district to exercise
53-16 its powers under this Act or which would limit the ability of the
53-17 district to finance, construct or operate its water, wastewater or
53-18 drainage systems.
53-19 SUBSECTION 12. ANNEXATION. The district may not be annexed
53-20 by a municipality in whose extraterritorial jurisdiction the
53-21 district lies without an affirmative vote of a majority of the
53-22 qualified voting electors at an election held by the district to
53-23 consider a proposition for or against such annexation.
53-24 SUBSECTION 13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
53-25 INSTALLATION OF FACILITIES. If a municipality in whose
54-1 extraterritorial jurisdiction the district is located annexes the
54-2 district for full or limited purposes and the annexation precludes
54-3 or impairs the ability of the district to issue bonds, the
54-4 municipality shall, simultaneously with the annexation, pay in cash
54-5 to the landowner or developer of the district a sum equal to all
54-6 actual costs and expenses incurred by the landowner or developer in
54-7 connection with the district that the district has, in writing,
54-8 agreed to pay and that would otherwise have been eligible for
54-9 reimbursement from bond proceeds under the rules and requirements
54-10 of the Commission as such rules and requirements exist on the date
54-11 of annexation. The municipality shall further be required to
54-12 install after annexation all necessary water, wastewater and
54-13 drainage facilities to serve full buildout of development within
54-14 the district.
54-15 SECTION 3. CREATION, ADMINISTRATION, POWERS, DUTIES,
54-16 OPERATION, AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY
54-17 DISTRICT NO. 5.
54-18 SUBSECTION 1. CREATION. (a) A conservation and reclamation
54-19 district, to be known as Travis County Municipal Utility District
54-20 No. 5, is created in Travis County, subject to approval at a
54-21 confirmation election under Subsection 9 of this Act. The district
54-22 is a governmental agency and a body politic and corporate.
54-23 (b) The district is created under and is essential to
54-24 accomplish the purposes of Article XVI, Section 59, of the Texas
54-25 Constitution.
55-1 SUBSECTION 2. DEFINITION. In this Act:
55-2 (1) "Commission" means the Texas Natural Resource
55-3 Conservation Commission.
55-4 (2) "District" means Travis County Municipal Utility
55-5 District No. 5.
55-6 SUBSECTION 3. BOUNDARIES. The district includes the
55-7 territory contained within the following area:
55-8 A DESCRIPTION, PREPARED FROM INFORMATION OBTAINED THROUGH PUBLIC
55-9 RECORDS, OF A 686.80 ACRE TRACT OF LAND SITUATED IN THE JAMES M.
55-10 TRIBBLE SURVEY NO. 418, THE DRURY H. MINOR SURVEY NO. 416, THE
55-11 THOMAS JESTER SURVEY NO. 150, THE R.M. JOHNSON SURVEY NO. 74, AND
55-12 THE WILLIAM S. HALL SURVEY NO. 412 ALL OF TRAVIS COUNTY, TEXAS
55-13 BEING ALL OF THOSE CERTAIN TRACTS OF LAND, AS LISTED BELOW,
55-14 CONVEYED TO BARTON CREEK PROPERTIES INC. BY DEEDS RECORDED IN THE
55-15 DEED RECORDS OR REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS:
55-16 1. 250.62 ACRES, VOLUME 10845 PAGE 595,
55-17 2. 37.1105 ACRES, VOLUME 10841, PAGE 544,
55-18 3. 2.0432 ACRES, VOLUME 10882, PAGE 1,
55-19 4. 2.1768 ACRES, VOLUME 10920, PAGE 248,
55-20 5. 9.673 ACRES, VOLUME 10828, PAGE 469,
55-21 6. 9.6021 ACRES, VOLUME 10852, PAGE 87,
55-22 7. 9.2007 ACRES, VOLUME 10882, PAGE 590,
55-23 8. 7.2266 ACRES, VOLUME 10836, PAGE 327,
55-24 9. 9.6358 ACRES, VOLUME 10828, PAGE 478,
55-25 10. 9.6332 ACRES, VOLUME 10875, PAGE 343,
56-1 11. 9.584 ACRES, VOLUME 10828, PAGE 459,
56-2 12. 15.962 ACRES, VOLUME 10853, PAGE 619,
56-3 13. 4.432 ACRES, VOLUME 10881, PAGE 559,
56-4 14. 2.437 ACRES, VOLUME 10836, PAGE 319,
56-5 15. 61.9912 ACRES, VOLUME 10982, PAGE 761,
56-6 16. 37.746 ACRES, VOLUME 11040, PAGE 849,
56-7 17. 4.8789 ACRES, VOLUME 11139, PAGE 979,
56-8 18. 4.7714 ACRES, VOLUME 11139, PAGE 996,
56-9 19. 9.6348 ACRES, VOLUME 10860, PAGE 543, AND
56-10 20. 5.005 ACRES (TRACT 1), VOLUME 10887, PAGE 1098;
56-11 ALSO BEING PORTIONS OF THOSE CERTAIN TRACTS OF LAND, AS LISTED
56-12 BELOW, CONVEYED TO BARTON CREEK PROPERTIES INC. BY DEEDS RECORDED
56-13 IN THE DEED RECORDS OR REAL PROPERTY RECORDS OF TRAVIS COUNTY,
56-14 TEXAS:
56-15 1. 36.95 ACRES, VOLUME 10928, PAGE 652,
56-16 2. 36.162 ACRES, VOLUME 10768, PAGE 1513,
56-17 3. 43.364 ACRES, VOLUME 10888, PAGE 515,
56-18 4. 201.31 ACRES, VOLUME 10783, PAGE 448,
56-19 5. 9.6186 ACRES, VOLUME 10840, PAGE 689,
56-20 6. 9.644 ACRES, VOLUME 10869, PAGE 604, AND
56-21 7. 32.596 ACRES (TRACT TWO), VOLUME 10887, PAGE 1098;
56-22 SAID 686.80 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES
56-23 AND BOUNDS AS FOLLOWS:
56-24 BEGINNING at the southeast corner of the said 250.62 acre
56-25 tract for the southeast corner of the herein described tract;
57-1 THENCE along the south line of the said 250.67 acre tract the
57-2 following fourteen (14) courses:
57-3 1. N 6954'49" W, 146.95 feet to a point,
57-4 2. N 7157'40" W, 105.13 feet to a point,
57-5 3. N 6234'57" W, 662.17 feet to a point,
57-6 4. N 6207'51" W, 180.38 feet to a point,
57-7 5. N 5725'18" W, 49.64 feet to a point,
57-8 6. N 6341'12" W, 182.55 feet to a point,
57-9 7. N 6238'10" W, 451.48 feet to a point,
57-10 8. N 5238'22" W, 105.90 feet to a point,
57-11 9. N 5728'33" W, 193.15 feet to a point,
57-12 10. N 5919'22" W, 104.03 feet to a point,
57-13 11. N 6829'02" W, 230.60 feet to a point,
57-14 12. N 5918'46" W, 61.72 feet to a point,
57-15 13. N 6051'00" W, 167.01 feet to a point, and
57-16 14. N 6252'26" W, 744.98 feet to a point to the northeast corner
57-17 of the said Barton Creek Properties Inc. 15.962 acre tract;
57-18 THENCE along the east line of the said 15.962 acre tract the
57-19 following four (4) courses:
57-20 1. S 2725'32" W, 498.34 feet to a point,
57-21 2. S 2719'25" W, 48.35 feet to a point,
57-22 3. S 5616'25" W, 177.71 feet to a point, and
57-23 4. S 1027'13" W, 299.48 feet to the southeast corner of the said
57-24 15.962 acre tract in the north line of said Southwest Parkway;
57-25 THENCE along the south line of the said 15.962 acre tract and
58-1 the north line of said Southwest Parkway the following three (3)
58-2 courses:
58-3 1. N 8340'54" W, 214.94 feet to a point,
58-4 2. N 7202'34" W, 91.90 feet to a point, and
58-5 3. N 0731'21" E, 11.12 feet to the southeast corner of the said
58-6 Barton Creek Properties Inc. 4.432 acre tract;
58-7 THENCE continuing along the north line of said Southwest
58-8 Parkway and the south line of the said 4.432 acre tract the
58-9 following five (5) courses:
58-10 1. a distance of 144.14 feet along the arc of a curve to the left
58-11 having a central angle of 0245'11", a radius of 3000.00 feet and a
58-12 chord bearing N 7623'59" W, 144.13 feet to a point,
58-13 2. N 7201'59" W, 4.07 feet to a point,
58-14 3. N 7850'58" W, 82.74 feet to a point,
58-15 4. N 7846'15" W, 339.03 feet to a point, and
58-16 5. a distance of 16.17 feet along the arc of a curve to the right
58-17 having a central angle of 0055'35", a radius of 1000.00 feet and a
58-18 chord bearing N 7759'48" W, 16.17 feet to the southwest corner of
58-19 the said 4.432 acre tract;
58-20 THENCE along the west line of the said 4.432 acre tract the
58-21 following two (2) courses:
58-22 1. N 1341'20" E, 18.84 feet to a point, and
58-23 2. N 0407'38" W, 106.68 feet to the northwest corner of the said
58-24 4.432 acre tract and the southwest corner of the said 250.62 acre
58-25 tract;
59-1 THENCE along the west line of the said 250.62 acre tract the
59-2 following nineteen (19) courses:
59-3 1. N 0030'56" E, 89.36 feet to a point,
59-4 2. N 0023'58" E, 17.27 feet to a point,
59-5 3. N 1049'09" W, 105.85 feet to a point,
59-6 4. N 1458'33" W, 99.99 feet to a point,
59-7 5. N 2544'10" W, 101.76 feet to a point,
59-8 6. N 1502'11" W, 98.17 feet to a point,
59-9 7. N 0124'31" W, 95.26 feet to a point,
59-10 8. N 0248'35" E, 93.50 feet to a point,
59-11 9. N 0338'26" W, 95.05 feet to a point,
59-12 10. N 0314'35" E, 97.15 feet to a point,
59-13 11. N 7334'44" W, 5.01 feet to a point,
59-14 12. N 1609'41" E, 62.02 feet to a point,
59-15 13. N 2546'00" E, 261.86 feet to a point,
59-16 14. N 0815'24" E, 105.87 feet to a point,
59-17 15. S 6242'56" E, 372.40 feet to a point,
59-18 16. N 3023'36" E, 188.36 feet to a point,
59-19 17. N 2729'39" E, 1823.11 feet to a point,
59-20 18. N 2817'26" E, 346.56 feet to a point, and
59-21 19. N 2604'06" E, 223.11 feet to the northwest corner of the said
59-22 250.62 acre tract in the south line of Henry Marx Lane;
59-23 THENCE crossing said Henry Marx Lane, N 3012'34" E, 44.61
59-24 feet to the southeast corner of the said 201.31 acre tract in the
59-25 north line of said Henry Marx Lane;
60-1 THENCE along the south line of the said 201.31 acre tract N
60-2 6106'08" W, 898.68 feet to a point in the east R.O.W. line of a
60-3 proposed future roadway;
60-4 THENCE, departing the south line of the said 201.31 acre
60-5 tract along the R.O.W. line of said proposed future roadway the
60-6 following seven (7) courses:
60-7 1. N 3201'18" E, 886.19 feet to a point of curvature,
60-8 2. a distance of 576.37 feet along the arc of a curve to the left
60-9 whose radius is 745.00 feet, central angle is 4419'37" and whose
60-10 chord bears N 0951'30" E, 562.10 feet to the point of tangency,
60-11 3. N 1218'19" W, 286.57 feet to a point of curvature,
60-12 4. a distance of 606.33 feet along the arc of a curve to the right
60-13 whose radius is 945.00 feet, central angle is 3645'44" and whose
60-14 chord bears N 0604'33" E, 595.99 feet to the point of tangency,
60-15 5. N 2427'25" E, 509.49 feet to a point of curvature,
60-16 6. a distance of 328.10 feet along the arc of a curve to the right
60-17 whose radius is 705.00 feet, central angle is 2639'53" and whose
60-18 chord bears N 3747'22" E, 325.15 feet to the point of tangency,
60-19 and
60-20 7. N 5107'18" E, 259.25 feet to a point in a southwesterly line
60-21 of The Estates Above Lost Creek, a subdivision whose plat is
60-22 recorded in Book 81, Pages 286 through 294 of the Plat Records of
60-23 Travis County, Texas;
60-24 THENCE, departing the said east R.O.W. line of the proposed
60-25 future roadway along the southerly lines of the said Estates Above
61-1 Lost Creek the following fifteen (15) courses:
61-2 1. S 2310'32" E, 16.65 feet to a point,
61-3 2. S 2317'01" E, 1,039.40 feet to a point,
61-4 3. S 2317'25" E, 561.43 feet to a point,
61-5 4. N 2630'55" E, 143.80 feet to a point,
61-6 5. N 3040'55" E, 68.75 feet to a point,
61-7 6. N 4017'55" E, 35.23 feet to a point,
61-8 7. N 2233'55" E, 98.63 feet to a point,
61-9 8. N 2235'55" E, 172.76 feet to a point,
61-10 9. N 2720'55" E, 307.45 feet to a point,
61-11 10. N 2726'55" E, 113.89 feet to a point,
61-12 11. S 6419'05" E, 29.19 feet to a point,
61-13 12. N 2802'55" E, 364.63 feet to a point,
61-14 13. S 6906'05" E, 228.20 feet to a point,
61-15 14. S 6840'05" E, 276.19 feet to a point, and
61-16 15. N 7318'55" E, 245.95 feet to a point at the most northerly
61-17 corner of the said 9.2007 acre tract;
61-18 THENCE, leaving the south line of said Estates Above Lost
61-19 Creek, along the north line of the said 9.2007 acre tract S
61-20 2151'11" E, 187.05 feet to a point in the west line of the said
61-21 Barton Creek Properties Inc. 9.644 acre tract;
61-22 THENCE along the west line of the said 9.644 acre tract S
61-23 2755'45" W, 152.19 feet to a point;
61-24 THENCE crossing the said 9.644 acre tract S 6736'44" E,
61-25 83.76 feet to a point at the southwest corner of The Estates Above
62-1 Lost Creek, Section Two, a subdivision whose plat is recorded in
62-2 Book 88, Pages 359-360 of the said Plat Records;
62-3 THENCE along the south line of said Estates Above Lost Creek,
62-4 Section Two, S 6736'44" E, 350.00 feet to a point at the southwest
62-5 corner of the Resubdivision of Lot 44, Block B, The Estates Above
62-6 Lost Creek, a subdivision whose plat is recorded in Book 88, Page
62-7 321 of the said Plat Records;
62-8 THENCE along the south line of said Resubdivision of Lot 44,
62-9 S 6736'44" E, 234.05 feet to a point on the south line of said
62-10 Estates Above Lost Creek;
62-11 THENCE continuing along the southerly lines of said The
62-12 Estates Above Lost Creek the following twelve (12) courses;
62-13 1. S 6323'05" E, 239.49 feet to a point,
62-14 2. S 5849'05" E, 98.89 feet to a point,
62-15 3. S 6432'05" E, 106.40 feet to a point,
62-16 4. S 6231'05" E, 162.16 feet to a point,
62-17 5. S 5850'05" E, 89.07 feet to a point,
62-18 6. S 6231'05" E, 136.05 feet to a point,
62-19 7. S 6217'05" E, 218.83 feet to a point,
62-20 8. S 6321'05" E, 143.38 feet to a point,
62-21 9. S 6133'05" E, 300.47 feet to a point,
62-22 10. S 6711'05" E, 48.60 feet to a point,
62-23 11. S 8215'05" E, 39.72 feet to a point, and
62-24 12. S 6340'04" E, 101.88 feet to a point;
62-25 THENCE, departing the southerly lines of said The Estates
63-1 Above Lost Creek, crossing the said 32.596 acre tract, the said
63-2 43.364 acre tract, the said 36.95 acre tract, and the said 36.162
63-3 acre tract in a southerly direction, the following twenty-one (21)
63-4 courses:
63-5 1. S 8222'23" W, 39.97 feet to a point,
63-6 2. S 5457'36" W, 41.30 feet to a point,
63-7 3. S 0937'33" W, 57.61 feet to a point,
63-8 4. S 1453'56" E, 162.10 feet to a point,
63-9 5. S 3130'38" E, 358.80 feet to a point,
63-10 6. S 2037'32" W, 103.22 feet to a point,
63-11 7. S 8422'55" W, 160.26 feet to a point,
63-12 8. N 7235'08" W, 106.35 feet to a point,
63-13 9. N 5420'30" W, 66.18 feet to a point,
63-14 10. S 5451'36" W, 133.90 feet to a point,
63-15 11. S 3807'30" W, 190.56 feet to a point,
63-16 12. S 0235'51" E, 174.53 feet to a point,
63-17 13. S 2219'07" E, 263.05 feet to a point,
63-18 14. S 3349'56" E, 204.86 feet to a point,
63-19 15. S 0701'18" W, 188.29 feet to a point,
63-20 16. S 2512'49" W, 68.77 feet to a point,
63-21 17. S 4404'06" W, 103.86 feet to a point,
63-22 18. S 2425'21" W, 421.44 feet to a point,
63-23 19. S 1815'27" E, 589.97 feet to a point,
63-24 20. S 2937'31" E, 231.75 feet to a point, and
63-25 21. S 1854'49" E, 240.97 feet to a point to the northwest corner
64-1 of that certain 328.134 acre tract of land, designated as Tract 2
64-2 in a deed to Barton Creek Properties Inc. recorded in Volume 10778,
64-3 Page 764 of the said Real Property Records;
64-4 THENCE along the west line of the said 328.134 acre tract
64-5 being the east lines of the said 36.162 acre tract, the said 37.746
64-6 acre tract and the said 250.62 acre tract S 2741'03" W, 3410.60
64-7 feet to the POINT OF BEGINNING containing 688.80 acres of land more
64-8 or less SAVE AND EXCEPT that certain 2.00 acre tract of land
64-9 conveyed to Charles Burtis by deed recorded in Volume 5958, Page
64-10 1464 of the said Deed Records leaving a net area herein described
64-11 of 686.80 acres of land more or less.
64-12 SUBSECTION 4. FINDINGS RELATING TO BOUNDARIES. The
64-13 legislature finds that the boundaries and field notes of the
64-14 district form a closure. A mistake in the field notes or in
64-15 copying the field notes in the legislative process does not affect
64-16 the organization, existence, or validity of the district, the right
64-17 of the district to levy and collect taxes, or the legality or
64-18 operation of the district or its governing body.
64-19 SUBSECTION 5. FINDING OF BENEFIT. All of the land and other
64-20 property included within the boundaries of the district will be
64-21 benefited by the works and projects that are to be accomplished by
64-22 the district under the powers conferred by Article XVI, Section 59,
64-23 of the Texas Constitution. The district is created to serve a
64-24 public use and benefit.
64-25 SUBSECTION 6. POWERS. (a) The district has all of the
65-1 rights, powers, privileges, authority, functions, and duties
65-2 provided by the general law of this state, including Chapters 50
65-3 and 54, Water Code, applicable to municipal utility districts
65-4 created under Article XVI, Section 59, of the Texas Constitution.
65-5 This Act prevails over any provision of general law that is in
65-6 conflict or inconsistent with this Act.
65-7 (b) The rights, powers, privileges, authority, functions,
65-8 and duties of the district are subject to the continuing right of
65-9 supervision of the state to be exercised by and through the
65-10 Commission.
65-11 SUBSECTION 7. BOARD OF DIRECTORS. (a) The district is
65-12 governed by a board of five directors.
65-13 (b) Temporary directors serve until initial permanent
65-14 directors are elected under Subsection 9.
65-15 (c) Initial permanent directors serve until permanent
65-16 directors are elected under Subsection 10.
65-17 (d) Permanent directors other than initial permanent
65-18 directors serve staggered four year terms.
65-19 (e) Each director must qualify to serve as director in the
65-20 manner provided by Section 54.025 or 54.116, Water Code, as
65-21 appropriate.
65-22 (f) A director serves until the director's successor has
65-23 qualified.
65-24 SUBSECTION 8. TEMPORARY DIRECTORS. (a) The temporary board
65-25 of directors is composed of:
66-1 (1) ___________________
66-2 (2) ___________________
66-3 (3) ___________________
66-4 (4) ___________________
66-5 (5) ___________________
66-6 (b) If a temporary director fails to qualify for office, the
66-7 temporary directors who have qualified shall appoint a person to
66-8 fill the vacancy. If at any time there are fewer than three
66-9 qualified temporary directors, the Commission shall appoint the
66-10 necessary number of persons to fill all vacancies on the board.
66-11 SUBSECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
66-12 (a) The temporary board of directors shall call and hold an
66-13 election to confirm establishment of the district and to elect five
66-14 initial directors as provided by Chapter 54, Water Code.
66-15 (b) Subsection (a), Section 41.001, Election Code, does not
66-16 apply to a confirmation election held as provided by this section.
66-17 SUBSECTION 10. ELECTION OF DIRECTORS. On the first Saturday
66-18 in May of the fourth year after the year in which the confirmation
66-19 election is held, an election shall be held in the district for the
66-20 election of two directors which shall each serve two year terms and
66-21 three directors who shall serve four year terms. Thereafter, on
66-22 the same date in each subsequent second year, the appropriate
66-23 number of directors shall be elected to the board.
66-24 SUBSECTION 11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
66-25 No municipality in whose extraterritorial jurisdiction the district
67-1 is located shall pass any ordinances, resolutions or otherwise take
67-2 any actions which impair the ability of the district to exercise
67-3 its powers under this Act or which would limit the ability of the
67-4 district to finance, construct or operate its water, wastewater or
67-5 drainage systems.
67-6 SUBSECTION 12. ANNEXATION. The district may not be annexed
67-7 by a municipality in whose extraterritorial jurisdiction the
67-8 district lies without an affirmative vote of a majority of the
67-9 qualified voting electors at an election held by the district to
67-10 consider a proposition for or against such annexation.
67-11 SUBSECTION 13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
67-12 INSTALLATION OF FACILITIES. If a municipality in whose
67-13 extraterritorial jurisdiction the district is located annexes the
67-14 district for full or limited purposes and the annexation precludes
67-15 or impairs the ability of the district to issue bonds, the
67-16 municipality shall, simultaneously with the annexation, pay in cash
67-17 to the landowner or developer of the district a sum equal to all
67-18 actual costs and expenses incurred by the landowner or developer in
67-19 connection with the district that the district has, in writing,
67-20 agreed to pay and that would otherwise have been eligible for
67-21 reimbursement from bond proceeds under the rules and requirements
67-22 of the Commission as such rules and requirements exist on the date
67-23 of annexation. The municipality shall further be required to
67-24 install after annexation all necessary water, wastewater and
67-25 drainage facilities to serve full buildout of development within
68-1 the district.
68-2 SECTION 4. CREATION, ADMINISTRATION, POWERS, DUTIES,
68-3 OPERATION, AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY
68-4 DISTRICT NO. 6.
68-5 SUBSECTION 1. CREATION. (a) A conservation and reclamation
68-6 district, to be known as Travis County Municipal Utility District
68-7 No. 6, is created in Travis County, subject to approval at a
68-8 confirmation election under Subsection 9 of this Act. The district
68-9 is a governmental agency and a body politic and corporate.
68-10 (b) The district is created under and is essential to
68-11 accomplish the purposes of Article XVI, Section 59, of the Texas
68-12 Constitution.
68-13 SUBSECTION 2. DEFINITION. In this Act:
68-14 (1) "Commission" means the Texas Natural Resource
68-15 Conservation Commission.
68-16 (2) "District" means Travis County Municipal Utility
68-17 District No. 6.
68-18 SUBSECTION 3. BOUNDARIES. The district includes the
68-19 territory contained within the following area:
68-20 A DESCRIPTION, PREPARED IN THE OFFICE FROM INFORMATION OBTAINED
68-21 THROUGH PUBLIC RECORDS OF 363.84 ACRES OF LAND SITUATED IN THE
68-22 THOMAS JESTER SURVEY NO. 150, THE JOHN L. BRAY SURVEY NO. 72 AND
68-23 THE JOHN MCALLISTER SURVEY NO. 71, TRAVIS COUNTY, TEXAS, BEING ALL
68-24 OF THE FOOTHILLS OF BARTON CREEK, A SUBDIVISION WHOSE PLAT IS
68-25 RECORDED IN BOOK 85, PAGES 74D THROUGH 75C OF THE PLAT RECORDS OF
69-1 TRAVIS COUNTY, TEXAS, HAVING BEEN CONVEYED TO BARTON CREEK
69-2 PROPERTIES INC. BY DEED RECORDED IN VOLUME 11253, PAGE 709 OF THE
69-3 REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS AND BEING PORTIONS OF
69-4 THOSE CERTAIN TRACTS OF LAND, AS LISTED BELOW, CONVEYED TO BARTON
69-5 CREEK PROPERTIES INC. BY DEEDS RECORDED IN THE SAID REAL PROPERTY
69-6 RECORDS:
69-7 1. 3.989 ACRES, (TRACT 2), VOLUME 11068, PAGE 395,
69-8 2. 838.057 ACRES, (TRACT 1), VOLUME 10927, PAGE 616,
69-9 3. 205.015 ACRES, (TRACT 1), VOLUME 10778, PAGE 764,
69-10 4. 36.95 ACRES, VOLUME 10928, PAGE 652,
69-11 5. 36.162 ACRES, VOLUME 10768, PAGE 1513,
69-12 6. 43.364 ACRES, VOLUME 10888, PAGE 515, AND
69-13 7. 32.596 ACRES (TRACT TWO), VOLUME 10887, PAGE 1098;
69-14 SAID 363.84 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES
69-15 AND BOUNDS AS FOLLOWS:
69-16 BEGINNING at the southeast corner of The Estates Above Lost
69-17 Creek, a subdivision whose plat is recorded in Book 81, Pages 286
69-18 through 296 of the said Plat Records;
69-19 THENCE along the easterly lines of said The Estates Above
69-20 Lost Creek the following two (2) courses:
69-21 1. N 2803'42" E, 558.13 feet to a point in the south right-of-way
69-22 (R.O.W.) line of Lost Creek Boulevard, an 80.00 foot wide R.O.W.
69-23 dedicated by said Lost Creek Boulevard Dedication Plat, recorded in
69-24 Book 76, Page 166 of the said Plat Records, and
69-25 2. crossing said Lost Creek Boulevard N 2803'28" E, 80.25 feet to
70-1 a point in the north R.O.W. line of Lost Creek Boulevard at the
70-2 southwest corner of The Estates Above Lost Creek, Section Three, a
70-3 subdivision whose plat is recorded in Book 83, Page 120D of the
70-4 said Plat Records;
70-5 THENCE along the south, east and north lines of said Estates
70-6 Above Lost Creek, Section Three, the following seven (7) courses:
70-7 1. S 6002'29" E, 20.35 feet to a point,
70-8 2. a distance of 288.38 feet along the arc of a curve to the right
70-9 having a central angle of 3049'02", a radius of 536.16 feet and a
70-10 chord bearing S 4437'58" E, 284.92 feet to a point,
70-11 3. a distance of 31.20 feet along the arc of a curve to the right
70-12 having a central angle of 8455'44", a radius of 21.05 feet and a
70-13 chord bearing N 1301'24" E, 28.42 feet to a point,
70-14 4. N 5528'40" E, 170.94 feet to a point,
70-15 5. a distance of 145.58 feet along the arc of a curve to the left
70-16 having a central angle of 1300'01", a radius of 641.61 feet and a
70-17 chord bearing N 4858'40" E, 145.27 feet to a point,
70-18 6. N 3040'20" W, 67.22 feet to a point, and
70-19 7. N 5811'20" W, 329.94 feet to a point in the east line of said
70-20 Estates Above Lost Creek;
70-21 THENCE along the east lines of said The Estates Above Lost
70-22 Creek the following five (5) courses:
70-23 1. N 2800'40" E, 288.77 feet to a point,
70-24 2. N 8031'40" E, 53.94 feet to a point,
70-25 3. N 6745'40" E, 64.88 feet to a point,
71-1 4. N 4835'40" E, 24.74 feet to a point, and
71-2 5. N 0809'20" W, 57.30 feet to a point for the northwest corner
71-3 of said Foothills of Barton Creek;
71-4 THENCE, departing the east lines of said The Estates Above
71-5 Lost Creek, along the north and east lines of said Foothills of
71-6 Barton Creek the following twenty-two (22) courses:
71-7 1. N 8148'40" E, 152.04 feet to a point,
71-8 2. N 5621'40" E, 80.05 feet to a point,
71-9 3. S 8847'20" E, 48.24 feet to a point,
71-10 4. N 8527'40" E, 172.98 feet to a point,
71-11 5. N 7848'40" E, 81.82 feet to a point,
71-12 6. S 7016'20" E, 88.86 feet to a point,
71-13 7. S 8404'20" E, 272.32 feet to a point,
71-14 8. N 7921'40" E, 302.77 feet to a point,
71-15 9. N 8432'40" E, 276.16 feet to a point,
71-16 10. N 7321'40" E, 348.16 feet to a point,
71-17 11. N 6931'02" E, 408.13 feet to a point,
71-18 12. N 6856'35" E, 54.85 feet to a point,
71-19 13. S 0858'35" W, 144.33 feet to a point,
71-20 14. S 4802'25" E, 338.06 feet to a point,
71-21 15. S 5135'25" E, 160.36 feet to a point,
71-22 16. S 2137'25" E, 184.80 feet to a point,
71-23 17. S 0034'35" W, 531.35 feet to a point,
71-24 18. S 1852'35" W, 576.88 feet to a point,
71-25 19. S 5003'25" E, 93.96 feet to a point,
72-1 20. S 4751'25" E, 136.30 feet to a point,
72-2 21. S 0306'25" E, 116.00 feet to a point, and
72-3 22. S 3839'35" W, 230.63 feet to a point on the north R.O.W. line
72-4 of Lost Creek Boulevard; THENCE, departing the east line of the
72-5 said Foothills of Barton Creek, crossing said Lost Creek Boulevard,
72-6 S 0647'30" W, 80.00 feet to a point on the north line of the said
72-7 3.989 acre tract;
72-8 THENCE along the north line of the said 3.989 acre tract S
72-9 8307'48" E, 114.94 feet to a point;
72-10 THENCE, departing the said north line of the 3.989 acre
72-11 tract, crossing the said 3.989 acre tract, the said 205.015 acre
72-12 tract, and the 838.057 acre tract the following fifteen (15)
72-13 courses:
72-14 1. S 3916'02" W, 44.48 feet to a point,
72-15 2. S 6448'32" W, 71.94 feet to a point,
72-16 3. S 2435'11" W, 275.91 feet to a point,
72-17 4. S 6448'30" W, 59.95 feet to a point,
72-18 5. N 7512'11" W, 79.78 feet to a point,
72-19 6. N 3340'48" W, 176.38 feet to a point,
72-20 7. N 4624'57" W, 152.05 feet to a point,
72-21 8. S 7024'45" W, 146.60 feet to a point,
72-22 9. S 0330'36" W, 186.13 feet to a point,
72-23 10. S 4205'26" E, 161.75 feet to a point,
72-24 11. S 1839'19" E, 151.88 feet to a point,
72-25 12. S 2613'18" W, 117.79 feet to a point,
73-1 13. S 8445'06" W, 237.82 feet to a point,
73-2 14. S 4321'11" W, 55.04 feet to a point, and
73-3 15. S 6154'48" E, 10.50 feet to a point on the west lines of the
73-4 said 838.057 acre tract;
73-5 THENCE along the west line of the said 838.057 acre tract the
73-6 following seven (7) courses:
73-7 1. S 3204'34" W, 44.70 feet to a point,
73-8 2. S 1015'26" E, 215.27 feet to a point,
73-9 3. S 1202'34" W, 87.53 feet to a point,
73-10 4. S 4421'34" W, 276.60 feet to a point,
73-11 5. S 2826'34" W, 421.41 feet to a point,
73-12 6. S 1452'34" W, 250.15 feet to a point, and
73-13 7. S 4432'34" W, 91.75 feet to a point on the south line of the
73-14 said 205.015 acre tract;
73-15 THENCE, departing the west line of the said 838.057 acre
73-16 tract, along the south line of the said 205.015 acre tract, the
73-17 following nineteen (19) courses:
73-18 1. N 8618'26" W, 201.02 feet to a point,
73-19 2. N 4111'26" W, 116.03 feet to a point,
73-20 3. S 5040'34" W, 109.40 feet to a point,
73-21 4. S 2844'34" W, 121.79 feet to a point,
73-22 5. S 5758'34" W, 97.00 feet to a point,
73-23 6. S 3148'34" W, 169.24 feet to a point,
73-24 7. S 7137'34" W, 239.19 feet to a point,
73-25 8. S 8957'34" W, 118.40 feet to a point,
74-1 9. S 7234'34" W, 199.51 feet to a point,
74-2 10. S 4836'34" W, 108.47 feet to a point,
74-3 11. N 6247'26" W, 357.13 feet to a point,
74-4 12. N 7731'26" W, 116.03 feet to a point,
74-5 13. N 8558'26" W, 1188.78 feet to a point,
74-6 14. N 0154'26" W, 76.69 feet to a point,
74-7 15. N 4222'26" W, 101.10 feet to a point,
74-8 16. N 3511'26" W, 118.67 feet to a point,
74-9 17. N 4604'26" W, 182.17 feet to a point,
74-10 18. N 6436'26" W, 84.55 feet to a point, and
74-11 19. N 4258'12" W, 73.41 feet to the southwest corner of the said
74-12 205.015 acre tract;
74-13 THENCE, departing the said south line of the 205.015 acre
74-14 tract, crossing the said 36.162 acre tract, the said 36.95 acre
74-15 tract, the said 43.364 acre tract and the said 32.596 acre tract,
74-16 the following twenty-one (21) courses:
74-17 1. N 1854'49" W, 240.97 feet to a point,
74-18 2. N 2937'31" W, 231.75 feet to a point,
74-19 3. N 1815'27" W, 589.97 feet to a point,
74-20 4. N 2425'21" E, 421.44 feet to a point,
74-21 5. N 4404'06" E, 103.86 feet to a point,
74-22 6. N 2512'49" E, 68.77 feet to a point,
74-23 7. N 0701'18" E, 188.29 feet to a point,
74-24 8. N 3349'56" W, 204.86 feet to a point,
74-25 9. N 2219'07" W, 263.05 feet to a point,
75-1 10. N 0235'51" W, 174.53 feet to a point,
75-2 11. N 3807'30" E, 190.56 feet to a point,
75-3 12. N 5451'36" E, 133.90 feet to a point,
75-4 13. S 5420'30" E, 66.18 feet to a point,
75-5 14. S 7235'08" E, 106.35 feet to a point,
75-6 15. N 8422'55" E, 160.26 feet to a point,
75-7 16. N 2037'32" E, 103.22 feet to a point,
75-8 17. N 3130'38" W, 358.80 feet to a point,
75-9 18. N 1453'56" W, 162.10 feet to a point,
75-10 19. N 0937'33" E, 57.61 feet to a point,
75-11 20. N 5457'36" E, 41.30 feet to a point, and
75-12 21. N 8222'23" E, 39.97 feet to a point on the south line of the
75-13 said The Estates Above Lost Creek;
75-14 THENCE along the said south line of The Estates Above Lost
75-15 Creek, the following fifteen (15) courses:
75-16 1. S 6340'06" E, 69.84 feet to a point,
75-17 2. S 4011'55" W, 22.67 feet to a point,
75-18 3. S 6428'05" E, 59.65 feet to a point,
75-19 4. S 6504'05" E, 100.95 feet to a point,
75-20 5. S 6146'05" E, 33.59 feet to a point,
75-21 6. S 6002'05" E, 63.58 feet to a point,
75-22 7. S 6135'05" E, 165.83 feet to a point,
75-23 8. S 6304'05" E, 227.33 feet to a point,
75-24 9. S 5031'05" E, 26.94 feet to a point,
75-25 10. S 6455'05" E, 75.40 feet to a point,
76-1 11. S 6107'05" E, 150.83 feet to a point,
76-2 12. S 6429'05" E, 166.23 feet to a point,
76-3 13. S 6048'05" E, 119.24 feet to a point,
76-4 14. S 6244'05" E, 89.69 feet to a point, and
76-5 15. S 6351'05" E, 47.20 feet to a point to the POINT OF BEGINNING
76-6 containing 363.84 acres of land more or less.
76-7 SUBSECTION 4. FINDINGS RELATING TO BOUNDARIES. The
76-8 legislature finds that the boundaries and field notes of the
76-9 district form a closure. A mistake in the field notes or in
76-10 copying the field notes in the legislative process does not affect
76-11 the organization, existence, or validity of the district, the right
76-12 of the district to levy and collect taxes, or the legality or
76-13 operation of the district or its governing body.
76-14 SUBSECTION 5. FINDING OF BENEFIT. All of the land and other
76-15 property included within the boundaries of the district will be
76-16 benefited by the works and projects that are to be accomplished by
76-17 the district under the powers conferred by Article XVI, Section 59,
76-18 of the Texas Constitution. The district is created to serve a
76-19 public use and benefit.
76-20 SUBSECTION 6. POWERS. (a) The district has all of the
76-21 rights, powers, privileges, authority, functions, and duties
76-22 provided by the general law of this state, including Chapters 50
76-23 and 54, Water Code, applicable to municipal utility districts
76-24 created under Article XVI, Section 59, of the Texas Constitution.
76-25 This Act prevails over any provision of general law that is in
77-1 conflict or inconsistent with this Act.
77-2 (b) The rights, powers, privileges, authority, functions,
77-3 and duties of the district are subject to the continuing right of
77-4 supervision of the state to be exercised by and through the
77-5 Commission.
77-6 SUBSECTION 7. BOARD OF DIRECTORS. (a) The district is
77-7 governed by a board of five directors.
77-8 (b) Temporary directors serve until initial permanent
77-9 directors are elected under Subsection 9.
77-10 (c) Initial permanent directors serve until permanent
77-11 directors are elected under Subsection 10.
77-12 (d) Permanent directors other than initial permanent
77-13 directors serve staggered four year terms.
77-14 (e) Each director must qualify to serve as director in the
77-15 manner provided by Section 54.025 or 54.116, Water Code, as
77-16 appropriate.
77-17 (f) A director serves until the director's successor has
77-18 qualified.
77-19 SUBSECTION 8. TEMPORARY DIRECTORS. (a) The temporary board
77-20 of directors is composed of:
77-21 (1) __________________
77-22 (2) __________________
77-23 (3) __________________
77-24 (4) __________________
77-25 (5) __________________
78-1 (b) If a temporary director fails to qualify for office, the
78-2 temporary directors who have qualified shall appoint a person to
78-3 fill the vacancy. If at any time there are fewer than three
78-4 qualified temporary directors, the Commission shall appoint the
78-5 necessary number of persons to fill all vacancies on the board.
78-6 SUBSECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
78-7 (a) The temporary board of directors shall call and hold an
78-8 election to confirm establishment of the district and to elect five
78-9 initial directors as provided by Chapter 54, Water Code.
78-10 (b) Subsection (a), Section 41.001, Election Code, does not
78-11 apply to a confirmation election held as provided by this section.
78-12 SUBSECTION 10. ELECTION OF DIRECTORS. On the first Saturday
78-13 in May of the fourth year after the year in which the confirmation
78-14 election is held, an election shall be held in the district for the
78-15 election of two directors which shall each serve two year terms and
78-16 three directors who shall serve four year terms. Thereafter, on
78-17 the same date in each subsequent second year, the appropriate
78-18 number of directors shall be elected to the board.
78-19 SUBSECTION 11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
78-20 No municipality in whose extraterritorial jurisdiction the district
78-21 is located shall pass any ordinances, resolutions or otherwise take
78-22 any actions which impair the ability of the district to exercise
78-23 its powers under this Act or which would limit the ability of the
78-24 district to finance, construct or operate its water, wastewater or
78-25 drainage systems.
79-1 SUBSECTION 12. ANNEXATION. The district may not be annexed
79-2 by a municipality in whose extraterritorial jurisdiction the
79-3 district lies without an affirmative vote of a majority of the
79-4 qualified voting electors at an election held by the district to
79-5 consider a proposition for or against such annexation.
79-6 SUBSECTION 13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
79-7 INSTALLATION OF FACILITIES. If a municipality in whose
79-8 extraterritorial jurisdiction the district is located annexes the
79-9 district for full or limited purposes and the annexation precludes
79-10 or impairs the ability of the district to issue bonds, the
79-11 municipality shall, simultaneously with the annexation, pay in cash
79-12 to the landowner or developer of the district a sum equal to all
79-13 actual costs and expenses incurred by the landowner or developer in
79-14 connection with the district that the district has, in writing,
79-15 agreed to pay and that would otherwise have been eligible for
79-16 reimbursement from bond proceeds under the rules and requirements
79-17 of the Commission as such rules and requirements exist on the date
79-18 of annexation. The municipality shall further be required to
79-19 install after annexation all necessary water, wastewater and
79-20 drainage facilities to serve full buildout of development within
79-21 the district.
79-22 SECTION 5. CREATION, ADMINISTRATION, POWERS, DUTIES,
79-23 OPERATION, AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY
79-24 DISTRICT NO. 7.
79-25 SUBSECTION 1. CREATION. (a) A conservation and reclamation
80-1 district, to be known as Travis County Municipal Utility District
80-2 No. 7, is created in Travis County, subject to approval at a
80-3 confirmation election under Subsection 9 of this Act. The district
80-4 is a governmental agency and a body politic and corporate.
80-5 (b) The district is created under and is essential to
80-6 accomplish the purposes of Article XVI, Section 59, of the Texas
80-7 Constitution.
80-8 SUBSECTION 2. DEFINITION. In this Act:
80-9 (1) "Commission" means the Texas Natural Resource
80-10 Conservation Commission.
80-11 (2) "District" means Travis County Municipal Utility
80-12 District No. 7.
80-13 SUBSECTION 3. BOUNDARIES. The district includes the
80-14 territory contained within the following area:
80-15 A DESCRIPTION, PREPARED IN THE OFFICE FROM INFORMATION OBTAINED
80-16 THROUGH PUBLIC RECORDS OF 217.34 ACRES OF LAND SITUATED IN THE JOHN
80-17 L. BRAY SURVEY NO. 72, TRAVIS COUNTY, TEXAS, BEING A PORTION OF
80-18 THAT CERTAIN 838.057 ACRE TRACT OF LAND, DESIGNATED AS TRACT 1,
80-19 CONVEYED TO BARTON CREEK PROPERTIES INC. BY DEED RECORDED IN VOLUME
80-20 10927, PAGE 616 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY,
80-21 TEXAS AND BEING A PORTION OF THAT CERTAIN 328.134 ACRE TRACT OF
80-22 LAND, DESIGNATED AS TRACT 2, CONVEYED TO BARTON CREEK PROPERTIES
80-23 INC. BY DEED RECORDED IN VOLUME 10778, PAGE 764 OF THE SAID REAL
80-24 PROPERTY RECORDS, SAID 217.34 ACRES BEING MORE PARTICULARLY
80-25 DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
81-1 BEGINNING at the most northerly northeast corner of the said
81-2 328.134 acre tract on the west line of the said 838.057 acre tract;
81-3 THENCE along the west line of the said 838.057 acre tract the
81-4 following seven (7) courses:
81-5 1. N 4432'34" E, 91.75 feet to a point,
81-6 2. N 1452'34" E, 250.15 feet to a point,
81-7 3. N 2826'34" E, 421.41 feet to as point,
81-8 4. N 4421'34" E, 276.60 feet to a point,
81-9 5. N 1202'34" E, 87.53 feet to a point,
81-10 6. N 1015'26" W, 215.27 feet to a point, and
81-11 7. N 3204'34" E, 44.70 feet to a point for the northwest corner
81-12 hereof;
81-13 THENCE, departing the said west line of the 838.057 acre
81-14 tract, crossing the said 838.057 acre tract, S 6154'48" E, 4921.94
81-15 feet to a point on the easterly line of the said 838.057 acre tract
81-16 for the northeast corner hereof;
81-17 THENCE along the said easterly line of the said 838.057 acre
81-18 tract the following two (2) courses:
81-19 1. S 2803'04" W, 873.46 feet to a point, and
81-20 2. S 1140'34" W, 63.33 feet to a point for the southeast corner
81-21 hereof;
81-22 THENCE, departing the said easterly line of the 838.057 acre
81-23 tract, crossing said 838.057 acre tract and the said 328.134 acre
81-24 tract, the following eighteen (18) courses:
81-25 1. S 6124'23" W, 778.33 feet to a point of curvature,
82-1 2. a distance of 342.31 feet along the arc of a curve to the right
82-2 whose radius is 800.00 feet, central angle is 2430'59" and whose
82-3 chord bears S 7339'53" W, 339.71 feet to the point of tangency,
82-4 3. S 8555'22" W, 255.56 feet to a point of curvature,
82-5 4. a distance of 330.08 feet along the arc of a curve to the left
82-6 whose radius is 1300.00 feet, central angle is 1432'52" and whose
82-7 chord bears S 7838'57" W, 329.19 feet to the point of tangency,
82-8 5. S 7122'31" W, 123.16 feet to a point of curvature,
82-9 6. a distance of 22.60 feet along the arc of a curve to the right
82-10 whose radius is 15.00 feet, central angle is 8618'27" and whose
82-11 chord bears N 6528'16" W, 20.52 feet to the point of reverse
82-12 curvature,
82-13 7. a distance of 646.80 feet along the arc of a curve to the left
82-14 whose radius is 1000.00 feet, central angle is 3703'32" and whose
82-15 chord bears N 4050'48" W, 635.58 feet to the point of tangency,
82-16 8. N 5922'34" W, 329.18 feet to a point of curvature,
82-17 9. a distance of 1048.34 feet along the arc of a curve to the left
82-18 whose radius is 1100.00 feet, central angle is 5436'17" and whose
82-19 chord bears N 8640'43" W, 1009.11 feet to the point of reverse
82-20 curvature,
82-21 10. a distance of 39.10 feet along the arc of a curve to the left
82-22 whose radius is 25.00 feet, central angle is 8936'35" and whose
82-23 chord bears N 21 12' 51" E, 35.23 feet to the point of tangency,
82-24 11. N 2335'28" W, 471.53 feet to a point of curvature,
82-25 12. a distance of 309.58 feet along the arc of a curve to the
83-1 right whose radius is 710.00 feet, central angle is 2458'58" and
83-2 whose chord bears N 1105'59" W, 307.14 feet to a non-tangent
83-3 point,
83-4 13. S 8031'28" W, 338.09 feet to a point,
83-5 14. N 5813'23" W, 390.00 feet to a point,
83-6 15. N 1019'03" W, 346.51 feet to a point,
83-7 16. N 1220'20" W, 321.13 feet to a point,
83-8 17. N 0134'10" W, 103.43 feet to a point,
83-9 18. N 0703'35" E, 141.24 feet to the POINT OF BEGINNING
83-10 containing 217.34 acres of land more or less.
83-11 SUBSECTION 4. FINDINGS RELATING TO BOUNDARIES. The
83-12 legislature finds that the boundaries and field notes of the
83-13 district form a closure. A mistake in the field notes or in
83-14 copying the field notes in the legislative process does not affect
83-15 the organization, existence, or validity of the district, the right
83-16 of the district to levy and collect taxes, or the legality or
83-17 operation of the district or its governing body.
83-18 SUBSECTION 5. FINDING OF BENEFIT. All of the land and other
83-19 property included within the boundaries of the district will be
83-20 benefited by the works and projects that are to be accomplished by
83-21 the district under the powers conferred by Article XVI, Section 59,
83-22 of the Texas Constitution. The district is created to serve a
83-23 public use and benefit.
83-24 SUBSECTION 6. POWERS.
83-25 A. The district has all of the rights, powers,
84-1 privileges, authority, functions, and duties provided by the
84-2 general law of this state, including Chapters 50 and 54, Water
84-3 Code, applicable to municipal utility districts created under
84-4 Article XVI, Section 59, of the Texas Constitution. This Act
84-5 prevails over any provision of general law that is in conflict or
84-6 inconsistent with this Act.
84-7 B. The rights, powers, privileges, authority,
84-8 functions, and duties of the district are subject to the continuing
84-9 right of supervision of the state to be exercised by and through
84-10 the Commission.
84-11 SUBSECTION 7. BOARD OF DIRECTORS.
84-12 A. The district is governed by a board of five
84-13 directors.
84-14 B. Temporary directors serve until initial
84-15 permanent directors are elected under Subsection 9.
84-16 C. Initial permanent directors serve until
84-17 permanent directors are elected under Subsection 10.
84-18 D. Permanent directors other than initial
84-19 permanent directors serve staggered four year terms.
84-20 E. Each director must qualify to serve as
84-21 director in the manner provided by Section 54.025 or 54.116, Water
84-22 code, as appropriate.
84-23 F. A director serves until the director's
84-24 successor has qualified.
84-25 SUBSECTION 8. TEMPORARY DIRECTORS.
85-1 A. The temporary board of directors is composed
85-2 of:
85-3 (1) ____________________
85-4 (2) ____________________
85-5 (3) ____________________
85-6 (4) ____________________
85-7 (5) ____________________
85-8 B. If a temporary director fails to qualify for
85-9 office, the temporary directors who have qualified shall appoint a
85-10 person to fill the vacancy. If at any time there are fewer than
85-11 three qualified temporary directors, the Commission shall appoint
85-12 the necessary number of persons to fill all vacancies on the board.
85-13 SUBSECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
85-14 A. The temporary board of directors shall call
85-15 and hold an election to confirm establishment of the district and
85-16 to elect five initial directors as provided by Chapter 54, Water
85-17 Code.
85-18 B. Subsection (a), Section 41.001, Election
85-19 Code, does not apply to a confirmation election held as provided by
85-20 this section.
85-21 SUBSECTION 10. ELECTION OF DIRECTORS. On the first Saturday
85-22 in May of the fourth year after the year in which the confirmation
85-23 election is held, an election shall be held in the district for the
85-24 election of two directors which shall each serve two year terms and
85-25 three directors who shall serve four year terms. Thereafter, on
86-1 the same date in each subsequent second year, the appropriate
86-2 number of directors shall be elected to the board.
86-3 SUBSECTION 11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
86-4 No municipality in whose extraterritorial jurisdiction the district
86-5 is located shall pass any ordinances, resolutions or otherwise take
86-6 any actions which impair the ability of the district to exercise
86-7 its powers under this Act or which would limit the ability of the
86-8 district to finance, construct or operate its water, wastewater or
86-9 drainage systems.
86-10 SUBSECTION 12. ANNEXATION. The district may not be annexed
86-11 by a municipality in whose extraterritorial jurisdiction the
86-12 district lies without an affirmative vote of a majority of the
86-13 qualified voting electors at an election held by the district to
86-14 consider a proposition for or against such annexation.
86-15 SUBSECTION 13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
86-16 INSTALLATION OF FACILITIES. If a municipality in whose
86-17 extraterritorial jurisdiction the district is located annexes the
86-18 district for full or limited purposes and the annexation precludes
86-19 or impairs the ability of the district to issue bonds, the
86-20 municipality shall, simultaneously with the annexation, pay in cash
86-21 to the landowner or developer of the district a sum equal to all
86-22 actual costs and expenses incurred by the landowner or developer in
86-23 connection with the district that the district has, in writing,
86-24 agreed to pay and that would otherwise have been eligible for
86-25 reimbursement from bond proceeds under the rules and requirements
87-1 of the Commission as such rules and requirements exist on the date
87-2 of annexation. The municipality shall further be required to
87-3 install after annexation all necessary water, wastewater and
87-4 drainage facilities to serve full buildout of development within
87-5 the district.
87-6 SECTION 6. CREATION, ADMINISTRATION, POWERS, DUTIES,
87-7 OPERATION, AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY
87-8 DISTRICT NO. 8.
87-9 SUBSECTION 1. CREATION. (a) A conservation and reclamation
87-10 district, to be known as Travis County Municipal Utility District
87-11 No. 8, is created in Travis County, subject to approval at a
87-12 confirmation election under Subsection 9 of this Act. The district
87-13 is a governmental agency and a body politic and corporate.
87-14 (b) The district is created under and is essential to
87-15 accomplish the purposes of Article XVI, Section 59, of the Texas
87-16 Constitution.
87-17 SUBSECTION 2. DEFINITION. In this Act:
87-18 (1) "Commission" means the Texas Natural Resource
87-19 Conservation Commission.
87-20 (2) "District" means Travis County Municipal Utility
87-21 District No. 8.
87-22 SUBSECTION 3. BOUNDARIES. The district includes the
87-23 territory contained within the following area:
87-24 A DESCRIPTION, PREPARED IN THE OFFICE FROM INFORMATION OBTAINED
87-25 THROUGH PUBLIC RECORDS OF 708.26 ACRES OF LAND SITUATED IN THE JOHN
88-1 L. BRAY SURVEY NO. 72, THE JOHN MCALLISTER SURVEY NO. 71, AND THE
88-2 WILLIAM WALLACE SURVEY NO. 67, TRAVIS COUNTY, TEXAS, BEING ALL OF
88-3 THAT CERTAIN 328.134 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 IN A
88-4 DEED TO BARTON CREEK PROPERTIES INC. RECORDED IN VOLUME 10778, PAGE
88-5 764 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS AND BEING
88-6 A PORTION OF THAT CERTAIN 838.057 ACRE TRACT OF LAND, DESIGNATED AS
88-7 TRACT 1, CONVEYED TO BARTON CREEK PROPERTIES INC. BY DEED RECORDED
88-8 IN VOLUME 10927, PAGE 616 OF THE SAID REAL PROPERTY RECORDS, SAID
88-9 708.26 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
88-10 AS FOLLOWS:
88-11 BEGINNING at a point at the most easterly southeast corner of the
88-12 said 838.057 acre tract in the west right-of-way line of Foster
88-13 Ranch Road;
88-14 THENCE along the south line of the said 838.057 acre tract a
88-15 distance of 31.38 feet along the arc of a curve to the right having
88-16 a central angle of 8954'06", a radius of 20.00 feet and a chord
88-17 bearing S 7246'26" W, 28.26 feet to a point in the north line of
88-18 Southwest Parkway;
88-19 THENCE continuing with the south line of the said 838.057
88-20 acre tract and the north line of said Southwest Parkway the
88-21 following four (4) courses:
88-22 1. N 6113'33" W, 436.71 feet to a point,
88-23 2. a distance of 628.86 feet along the arc of a curve to the left
88-24 having a central angle of 0358'37", a radius of 9060.00 feet and a
88-25 chord bearing N 6312'52" W, 628.73 feet to a point,
89-1 3. N 6511'45" W, 1551.40 feet to a point, and
89-2 4. a distance of 344.43 feet along the arc of a curve to the left
89-3 having a central angle of 1036'36", a radius of 1860.00 feet and a
89-4 chord bearing N 7032'24" W, 343.94 feet to a point at the
89-5 southeast corner of the said 71.053 acre tract of land described in
89-6 a deed to Barton Creek Properties Inc. recorded in Volume 11048,
89-7 Page 401 of the said Real Property Records;
89-8 THENCE, departing the said north line of Southwest Parkway
89-9 continuing with the south lines of the said 838.057 acre tract the
89-10 following five (5) courses:
89-11 1. N 6646'59" W, 21.43 feet to a point,
89-12 2. N 2814'34" E, 711.48 feet to a point,
89-13 3. N 6145'32" W, 551.67 feet to a point,
89-14 4. N 6131'09" W, passing the most easterly southeast corner of
89-15 the said 328.134 acre tract, departing the said south line of the
89-16 838.057 acre tract, along the south lines of the said 328.134 acre
89-17 tract 2499.01 feet to a point, and
89-18 5. S 2816'18" W, 809.21 feet to a point in the curving north
89-19 R.O.W. line of Southwest Parkway and being the south line of said
89-20 328.134 acre tract;
89-21 THENCE along the north line of said Southwest Parkway
89-22 continuing along the south line of the said 328.134 acre tract the
89-23 following three (3) courses:
89-24 1. a distance of 609.31 feet along the arc of a curve to the left
89-25 having a central angle of 1846'09", a radius of 1860.00 feet and a
90-1 chord bearing N 5729'12" W, 606.59 feet to a point,
90-2 2. N 5913'10" W, 105.23 feet to a point, and
90-3 3. a distance of 414.10 feet along the arc of a curve to the left
90-4 having a central angle of 1239'14", a radius of 1875.00 feet and a
90-5 chord bearing N 7619'24" W, 413.26 feet to a point;
90-6 THENCE, departing the north line of said Southwest Parkway,
90-7 continuing along the south, west and north lines of the said
90-8 328.134 acre tract the following twenty-one (21) courses:
90-9 1. N 6125'39" W, 1858.86 feet to a point,
90-10 2. N 2741'03" E, 3410.60 feet to a point,
90-11 3. S 4258'12" E, 73.41 feet to a point,
90-12 4. S 6436'26" E, 84.55 feet to a point,
90-13 5. S 4604'26" E, 182.17 feet to a point,
90-14 6. S 3511'26" E, 118.67 feet to a point,
90-15 7. S 4222'26" E, 101.10 feet to a point,
90-16 8. S 0154'26" E, 76.69 feet to a point,
90-17 9. S 8558'26" E, 1188.78 feet to a point,
90-18 10. S 7731'26" E, 116.03 feet to a point,
90-19 11. S 6247'26" E, 357.13 feet to a point,
90-20 12. N 4836'34" E, 108.47 feet to a point,
90-21 13. N 7234'34" E, 199.51 feet to a point,
90-22 14. N 8957'34" E, 118.40 feet to a point,
90-23 15. N 7137'34" E, 239.19 feet to a point,
90-24 16. N 3148'34" E, 169.24 feet to a point,
90-25 17. N 5758'34" E, 97.00 feet to a point,
91-1 18. N 2844'34" E, 121.79 feet to a point,
91-2 19. N 5040'34" E, 109.40 feet to a point,
91-3 20. S 4111'26" E, 116.03 feet to a point, and
91-4 21. S 8618'26" E, 201.02 feet to the most northerly northeast
91-5 corner of the said 328.134 acre tract;
91-6 THENCE, departing the said north line of the 328.134 acre
91-7 tract, crossing the said 328.134 acre tract and the said 838.057
91-8 acre tract in a southeasterly direction the following eighteen (18)
91-9 courses:
91-10 1. S 0703'35" W, 141.24 feet to a point,
91-11 2. S 0134'10" E, 103.43 feet to a point,
91-12 3. S 1220'20" E, 321.13 feet to a point,
91-13 4. S 1019'03" E, 346.51 feet to a point,
91-14 5. S 5813'23" E, 390.00 feet to a point,
91-15 6. N 8031'28" E, 338.09 feet to a point of curvature,
91-16 7. a distance of 309.58 feet along the arc of a curve to the left
91-17 having a central angle of 2458'58", a radius of 710.00 feet and a
91-18 chord bearing S 1105'59" E, 307.14 feet to the point of tangency,
91-19 8. S 2335'28" E, 471.53 feet to a point of curvature,
91-20 9. a distance of 39.10 feet along the arc of a curve to the right
91-21 having a central angle of 8936'35", a radius of 25.00 feet and a
91-22 chord bearing S 2112'51" W, 35.23 feet to the point of reverse
91-23 curvature,
91-24 10. a distance of 1048.34 feet along the arc of a curve to the
91-25 right having a central angle of 5436'17", a radius of 1100.00 feet
92-1 and a chord bearing S 8640'43" E, 1009.11 feet to the point of
92-2 tangency,
92-3 11. S 5922'34" E, 329.18 feet to a point of curvature,
92-4 12. a distance of 649.80 feet along the arc of a curve to the
92-5 right having a central angle of 3703'32", a radius of 1000.00 feet
92-6 and a chord bearing S 4050'48" E, 635.58 feet to the point of
92-7 reverse curvature,
92-8 13. a distance of 22.60 feet along the arc of a curve to the left
92-9 having a central angle of 8618'27", a radius of 15.00 feet and a
92-10 chord bearing S 6528'16" E, 20.52 feet to the point of tangency,
92-11 14. N 7122'31" E, 123.16 feet to a point of curvature,
92-12 15. a distance of 330.08 feet along the arc of a curve to the left
92-13 having a central angle of 1432'52", a radius of 1300.00 feet and a
92-14 chord bearing N 7838'57" E, 329.19 feet to the point of tangency,
92-15 16. N 8555'22" E, 255.56 feet to a point of curvature,
92-16 17. a distance of 342.31 feet along the arc of a curve to the left
92-17 having a central angle of 2430'59", a radius of 800.00 feet and a
92-18 chord bearing N 7339'53" E, 339.71 feet to the point of tangency,
92-19 and
92-20 18. N 6124'23" E, 778.33 feet to a point in the east line of the
92-21 said 838.057 acre tract;
92-22 THENCE along the east line of the said 838.057 acre tract the
92-23 following seven (7) courses:
92-24 1. S 1140'34" W, 555.03 feet to a point,
92-25 2. S 2753'34" W, 265.63 feet to a point,
93-1 3. S 2816'34" W, 335.92 feet to a point,
93-2 4. S 2819'34" W, 1353.38 feet to a point,
93-3 5. S 6245'26" E, 1125.25 feet to a point,
93-4 6. S 3038'34" W, 324.75 feet to a point, and
93-5 7. S 2841'34" W, 2000.53 feet to the POINT OF BEGINNING
93-6 containing 708.26 acres of land more or less.
93-7 SUBSECTION 4. FINDINGS RELATING TO BOUNDARIES. The
93-8 legislature finds that the boundaries and field notes of the
93-9 district form a closure. A mistake in the field notes or in
93-10 copying the field notes in the legislative process does not affect
93-11 the organization, existence, or validity of the district, the right
93-12 of the district to levy and collect taxes, or the legality or
93-13 operation of the district or its governing body.
93-14 SUBSECTION 5. FINDING OF BENEFIT. All of the land and other
93-15 property included within the boundaries of the district will be
93-16 benefited by the works and projects that are to be accomplished by
93-17 the district under the powers conferred by Article XVI, Section 59,
93-18 of the Texas Constitution. The district is created to serve a
93-19 public use and benefit.
93-20 SUBSECTION 6. POWERS. (a) The district has all of the
93-21 rights, powers, privileges, authority, functions, and duties
93-22 provided by the general law of this state, including Chapters 50
93-23 and 54, Water Code, applicable to municipal utility districts
93-24 created under Article XVI, Section 59, of the Texas Constitution.
93-25 This Act prevails over any provision of general law that is in
94-1 conflict or inconsistent with this Act.
94-2 (b) The rights, powers, privileges, authority, functions,
94-3 and duties of the district are subject to the continuing right of
94-4 supervision of the state to be exercised by and through the
94-5 Commission.
94-6 SUBSECTION 7. BOARD OF DIRECTORS. (a) The district is
94-7 governed by a board of five directors.
94-8 (b) Temporary directors serve until initial permanent
94-9 directors are elected under Subsection 9.
94-10 (c) Initial permanent directors serve until permanent
94-11 directors are elected under Subsection 10.
94-12 (d) Permanent directors other than initial permanent
94-13 directors serve staggered four year terms.
94-14 (e) Each director must qualify to serve as director in the
94-15 manner provided by Section 54.025 or 54.116, Water code, as
94-16 appropriate.
94-17 (f) A director serves until the director's successor has
94-18 qualified.
94-19 SUBSECTION 8. TEMPORARY DIRECTORS. (a) The temporary board
94-20 of directors is composed of:
94-21 (1) __________________
94-22 (2) __________________
94-23 (3) __________________
94-24 (4) __________________
94-25 (5) __________________
95-1 (b) If a temporary director fails to qualify for office, the
95-2 temporary directors who have qualified shall appoint a person to
95-3 fill the vacancy. If at any time there are fewer than three
95-4 qualified temporary directors, the Commission shall appoint the
95-5 necessary number of persons to fill all vacancies on the board.
95-6 SUBSECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
95-7 (a) The temporary board of directors shall call and hold an
95-8 election to confirm establishment of the district and to elect five
95-9 initial directors as provided by Chapter 54, Water Code.
95-10 (b) Subsection (a), Section 41.001, Election Code, does not
95-11 apply to a confirmation election held as provided by this section.
95-12 SUBSECTION 10. ELECTION OF DIRECTORS. On the first Saturday
95-13 in May of the fourth year after the year in which the confirmation
95-14 election is held, an election shall be held in the district for the
95-15 election of two directors which shall each serve two year terms and
95-16 three directors who shall serve four year terms. Thereafter, on
95-17 the same date in each subsequent second year, the appropriate
95-18 number of directors shall be elected to the board.
95-19 SUBSECTION 11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
95-20 No municipality in whose extraterritorial jurisdiction the district
95-21 is located shall pass any ordinances, resolutions or otherwise take
95-22 any actions which impair the ability of the district to exercise
95-23 its powers under this Act or which would limit the ability of the
95-24 district to finance, construct or operate its water, wastewater or
95-25 drainage systems.
96-1 SUBSECTION 12. ANNEXATION. The district may not be annexed
96-2 by a municipality in whose extraterritorial jurisdiction the
96-3 district lies without an affirmative vote of a majority of the
96-4 qualified voting electors at an election held by the district to
96-5 consider a proposition for or against such annexation.
96-6 SUBSECTION 13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
96-7 INSTALLATION OF FACILITIES. If a municipality in whose
96-8 extraterritorial jurisdiction the district is located annexes the
96-9 district for full or limited purposes and the annexation precludes
96-10 or impairs the ability of the district to issue bonds, the
96-11 municipality shall, simultaneously with the annexation, pay in cash
96-12 to the landowner or developer of the district a sum equal to all
96-13 actual costs and expenses incurred by the landowner or developer in
96-14 connection with the district that the district has, in writing,
96-15 agreed to pay and that would otherwise have been eligible for
96-16 reimbursement from bond proceeds under the rules and requirements
96-17 of the Commission as such rules and requirements exist on the date
96-18 of annexation. The municipality shall further be required to
96-19 install after annexation all necessary water, wastewater and
96-20 drainage facilities to serve full buildout of development within
96-21 the district.
96-22 SECTION 7. CREATION, ADMINISTRATION, POWERS, DUTIES,
96-23 OPERATION, AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY
96-24 DISTRICT NO. 9.
96-25 SUBSECTION 1. CREATION. (a) A conservation and reclamation
97-1 district, to be known as Travis County Municipal Utility District
97-2 No. 9, is created in Travis County, subject to approval at a
97-3 confirmation election under Subsection 9 of this Act. The district
97-4 is a governmental agency and a body politic and corporate.
97-5 (b) The district is created under and is essential to
97-6 accomplish the purposes of Article XVI, Section 59, of the Texas
97-7 Constitution.
97-8 SUBSECTION 2. DEFINITION. In this Act:
97-9 (1) "Commission" means the Texas Natural Resource
97-10 Conservation Commission.
97-11 (2) "District means Travis County Municipal Utility
97-12 District No. 9.
97-13 SUBSECTION 3. BOUNDARIES. The district includes the
97-14 territory contained within the following area:
97-15 A DESCRIPTION, PREPARED IN THE OFFICE FROM INFORMATION OBTAINED
97-16 THROUGH PUBLIC RECORDS OF 319.38 ACRES OF LAND SITUATED IN THE
97-17 DRURY H. MINOR SURVEY NO. 416, THE H. BOND SURVEY NO. 54, THE A.
97-18 EANES SURVEY NO. 503, AND THE JOHN L. BRAY SURVEY NO. 72, TRAVIS
97-19 COUNTY, TEXAS, BEING ALL OF THAT CERTAIN 30.029 ACRE TRACT OF LAND
97-20 DESIGNATED AS TRACT 2 IN A DEED TO BARTON CREEK PROPERTIES INC.
97-21 RECORDED IN VOLUME 10927, PAGE 616 OF THE REAL PROPERTY RECORDS OF
97-22 TRAVIS COUNTY, TEXAS AND BEING ALL OF THAT CERTAIN 8.317 ACRE TRACT
97-23 OF LAND, DESIGNATED AS TRACT 1, CONVEYED TO BARTON CREEK PROPERTIES
97-24 INC. BY DEED RECORDED IN VOLUME 11068, PAGE 395 OF THE SAID REAL
97-25 PROPERTY RECORDS ALSO BEING PORTIONS OF THOSE CERTAIN TRACTS OF
98-1 LAND, AS LISTED BELOW, CONVEYED TO BARTON CREEK PROPERTIES INC. BY
98-2 DEEDS RECORDED IN THE SAID REAL PROPERTY RECORDS:
98-3 1. 205.015 ACRES, (TRACT 1), VOLUME 10778, PAGE 764,
98-4 2. 838.057 ACRES, (TRACT 1), VOLUME 10927, PAGE 616,
98-5 3. 30.997 ACRES, (TRACT ONE), VOLUME 10769, PAGE 1255,
98-6 4. 992.199 ACRES, VOLUME 10762, PAGE 517, AND
98-7 5. 3.989 ACRES, (TRACT 2), VOLUME 11068, PAGE 395,
98-8 SAID 319.38 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND
98-9 BOUNDS AS TRACT 1, CONTAINING 290.75 ACRES OF LAND MORE OR LESS,
98-10 AND TRACT 2, CONTAINING 28.63 ACRES OF LAND MORE OR LESS AS
98-11 FOLLOWS:
98-12 TRACT 1
98-13 BEGINNING at the most northerly corner of the said 8.317 acre
98-14 tract;
98-15 THENCE along the east lines of said 8.317 acre tract the
98-16 following four (4) courses:
98-17 1. S 3300'47" E, 401.00 feet to a point,
98-18 2. S 2653'00" E, 313.33 feet to a point,
98-19 3. S 0744'00" E, 308.82 feet to a point, and
98-20 4. S 0639'00" E, 128.93 feet to a point in the north line of the
98-21 said 838.057 acre tract,
98-22 THENCE along the north line of the said 838.057 acre tract
98-23 the following twelve (12) courses:
98-24 1. S 6840'26" E, 149.00 feet to a point,
98-25 2. S 7037'26" E, 148.73 feet to a point,
99-1 3. S 5405'26" E, 322.77 feet to a point,
99-2 4. N 8415'34" E, 354.85 feet to a point,
99-3 5. N 7300'34" E, 292.56 feet to a point,
99-4 6. N 5607'34" E, 294.03 feet to a point,
99-5 7. N 3246'34" E, 475.44 feet to a point,
99-6 8. N 2803'34" E, 245.38 feet to a point,
99-7 9. N 7332'34" E, 147.73 feet to a point,
99-8 10. N 8452'34" E, 282.22 feet to a point,
99-9 11. S 7726'26" E, 176.06 feet to a point, and
99-10 12. S 2904'26" E, 246.32 feet to a point in the north line of
99-11 Lost Creek Boulevard;
99-12 THENCE crossing said Lost Creek Boulevard, S 4836'40" E,
99-13 94.59 feet to a point in the south line of said Lost Creek
99-14 Boulevard and the north line of the said 838.057 acre tract;
99-15 THENCE along the south line of said Lost Creek Boulevard and
99-16 the north line of the said 838.057 acre tract, the following two
99-17 (2) courses:
99-18 1. a distance of 226.63 feet along the arc of a curve to the right
99-19 having a central angle of 1820'20", a radius of 708.06 feet and a
99-20 chord bearing N 4540'44" E, 225.67 feet to a point, and
99-21 2. N 7107'34" E, 184.23 feet to a point;
99-22 THENCE, leaving the south line of said Lost Creek Boulevard,
99-23 along the north and east lines of the said 838.057 acre tract the
99-24 following fourteen (14) courses:
99-25 1. S 4833'26" E, 303.92 feet to a point,
100-1 2. N 6630'34" E, 126.42 feet to a point,
100-2 3. S 4838'26" E, 198.98 feet to a point,
100-3 4. N 7316'34" E, 103.01 feet to a point,
100-4 5. N 6734'34" E, 182.29 feet to a point,
100-5 6. N 6212'34" E, 66.07 feet to a point,
100-6 7. N 1146'34" E, 77.73 feet to a point,
100-7 8. N 6108'34" E, 241.72 feet to a point,
100-8 9. N 6708'34" E, 148.51 feet to a point,
100-9 10. N 6403'34" E, 143.70 feet to a point,
100-10 11. N 7754'34" E, 81.30 feet to a point,
100-11 12. N 8826'34" E, 434.68 feet to a point,
100-12 13. S 8749'26" E, 335.00 feet to a point, and
100-13 14. S 2803'04" W, 4360.94 feet to a point for the southeast
100-14 corner hereof;
100-15 THENCE crossing the said 838.057 acre tract and the said
100-16 3.898 acre tract the following fifteen (15) courses:
100-17 1. N 6154'48" W, 4932.44 feet to a point,
100-18 2. N 4321'11" E, 55.04 feet to a point,
100-19 3. N 8445'06" E, 237.82 feet to a point,
100-20 4. N 2613'18" E, 117.79 feet to a point,
100-21 5. N 1839'19" W, 151.88 feet to a point,
100-22 6. N 4205'26" W, 161.75 feet to a point
100-23 7. N 0330'36" E, 186.13 feet to a point,
100-24 8. N 7024'45" E, 146.60 feet to a point,
100-25 9. S 4624'57 E, 152.05 feet to a point,
101-1 10. S 3340'48" E, 176.38 feet to a point,
101-2 11. S 7512'11" E, 79.78 feet to a point,
101-3 12. N 6448'30" E, 59.95 feet to a point,
101-4 13. N 2435'11" E, 275.91 feet to a point,
101-5 14. N 6548'32" E, 71.94 feet to a point, and
101-6 15. N 3916'02" E, 44.48 feet to a point on the north line of the
101-7 said 3.989 acre tract being the south R.O.W. line of said Lost
101-8 Creek Boulevard;
101-9 THENCE along the north line of the said 3.989 acre tract, N
101-10 8307'48" W, 114.94 feet to a point;
101-11 THENCE, departing the north line of the said 3.989 acre
101-12 tract, crossing said Lost Creek Boulevard N 0647'30" E, 80.00 feet
101-13 to a point on the north R.O.W. line of Lost Creek Boulevard for
101-14 the southwest corner of the said 8.317 acre tract;
101-15 THENCE along the west lines of the said 8.317 acre tract the
101-16 following five (5) courses:
101-17 1. N 3839'35" E, 230.63 feet to a point,
101-18 2. N 0306'25" W, 116.00 feet to a point,
101-19 3. N 4751'25" W, 136.30 feet to a point,
101-20 4. N 5003'25" W, 93.96 feet to a point, and
101-21 5. N 1852'35" E, 576.88 feet to the POINT OF BEGINNING of the
101-22 herein described TRACT 1 containing 290.75 acres of land more or
101-23 less.
101-24 TRACT 2
101-25 BEGINNING at the most northerly corner of that certain 8.081
102-1 acre tract of land described in a general warranty deed to Barton
102-2 Creek Properties Inc. recorded in Volume 11604, Page 175 of the
102-3 said Real Property Records;
102-4 THENCE along the northwest line of the said 8.081 acre tract
102-5 S 5943'04" W, 144.17 feet to a point;
102-6 THENCE, departing the said 8.081 acre tract, crossing the
102-7 said 992.199 acre tract N 2052'55" E, 74.06 feet to the most
102-8 southerly southeast corner of that certain 45.107 acre tract of
102-9 land described in a general warranty deed to Barton Creek
102-10 Properties Inc. recorded in Volume 11604, Page 175 of the said Real
102-11 Property Records,
102-12 THENCE along easterly lines of the said 45.107 acre tract the
102-13 following six (6) courses:
102-14 1. N 2900'09" E, 202.95 feet to a point,
102-15 2. N 4746'42" W, 423.06 feet to a point,
102-16 3. N 7222'24" E, 508.89 feet to a point,
102-17 4. N 6903'49" E, 370.24 feet to a point,
102-18 5. S 5737'12" E, 149.20 feet to a point, and
102-19 6. N 7343'57" E, 280.95 feet to a point for the northeast corner
102-20 of the herein described 28.63 acre TRACT 2;
102-21 THENCE, departing the easterly lines of the said 45.107 acre
102-22 tract, crossing the said 992.199 acre tract and the said 30.997
102-23 acre tract the following eight (8) courses:
102-24 1. S 0628'34" W, 186.19 feet to a point,
102-25 2. S 2630'40" W, 665.81 feet to a point,
103-1 3. S 0219'32" E, 394.32 feet to a point,
103-2 4. S 3344'58" W, 856.79 feet to a point,
103-3 5. S 0102'59" W, 382.06 feet to a point,
103-4 6. S 1954'01" E, 82.85 feet to a point,
103-5 7. N 6059'59" W, 299.86 feet to a point, and
103-6 8. N 0422'33" W, 443.70 feet to a point on the east line of the
103-7 said 8.081 acre tract;
103-8 THENCE along the east line of the said 8.081 acre tract the
103-9 following four (4) courses:
103-10 1. N 3332'28" E, 125.99 feet to a point,
103-11 2. N 1654'03" E, 250.42 feet to a point,
103-12 3. N 0041'49" E, 633.15 feet to a point, and
103-13 4. N 1524'28" W, 39.52 feet to the POINT OF BEGINNING of the
103-14 herein described TRACT 2 containing 28.63 acres of land more or
103-15 less.
103-16 The herein described TRACTS 1 and 2 totaling 319.38 acres of land
103-17 more or less.
103-18 SUBSECTION 4. FINDINGS RELATING TO BOUNDARIES. The
103-19 legislature finds that the boundaries and field notes of the
103-20 district form a closure. A mistake in the field notes or in
103-21 copying the field notes in the legislative process does not affect
103-22 the organization, existence, or validity of the district, the right
103-23 of the district to levy and collect taxes, or the legality or
103-24 operation of the district or its governing body.
103-25 SUBSECTION 5. FINDING OF BENEFIT. All of the land and other
104-1 property included within the boundaries of the district will be
104-2 benefited by the works and projects that are to be accomplished by
104-3 the district under the powers conferred by Article XVI, Section 59,
104-4 of the Texas Constitution. The district is created to serve a
104-5 public use and benefit.
104-6 SUBSECTION 6. POWERS. (a) The district has all of the
104-7 rights, powers, privileges, authority, functions, and duties
104-8 provided by the general law of this state, including Chapters 50
104-9 and 54, Water Code, applicable to municipal utility districts
104-10 created under Article XVI, Section 59, of the Texas Constitution.
104-11 This Act prevails over any provision of general law that is in
104-12 conflict or inconsistent with this Act.
104-13 (b) The rights, powers, privileges, authority, functions,
104-14 and duties of the district are subject to the continuing right of
104-15 supervision of the state to be exercised by and through the
104-16 Commission.
104-17 SUBSECTION 7. BOARD OF DIRECTORS. (a) The district is
104-18 governed by a board of five directors.
104-19 (b) Temporary directors serve until initial permanent
104-20 directors are elected under Subsection 9.
104-21 (c) Initial permanent directors serve until permanent
104-22 directors are elected under Subsection 10.
104-23 (d) Permanent directors other than initial permanent
104-24 directors serve staggered four year terms.
104-25 (e) Each director must qualify to serve as director in the
105-1 manner provided by Section 54.025 or 54.116, Water code, as
105-2 appropriate.
105-3 (f) A director serves until the director's successor has
105-4 qualified.
105-5 SUBSECTION 8. TEMPORARY DIRECTORS. (a) The temporary board
105-6 of directors is composed of:
105-7 (1) ________________
105-8 (2) ________________
105-9 (3) ________________
105-10 (4) ________________
105-11 (5) ________________
105-12 (b) If a temporary director fails to qualify for office, the
105-13 temporary directors who have qualified shall appoint a person to
105-14 fill the vacancy. If at any time there are fewer than three
105-15 qualified temporary directors, the Commission shall appoint the
105-16 necessary number of persons to fill all vacancies on the board.
105-17 SUBSECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
105-18 (a) The temporary board of directors shall call and hold an
105-19 election to confirm establishment of the district and to elect five
105-20 initial directors as provided by Chapter 54, Water Code.
105-21 (b) Subsection (a), Section 41.001, Election Code, does not
105-22 apply to a confirmation election held as provided by this section.
105-23 SUBSECTION 10. ELECTION OF DIRECTORS. On the first Saturday
105-24 in May of the fourth year after the year in which the confirmation
105-25 election is held, an election shall be held in the district for the
106-1 election of two directors which shall each serve two year terms and
106-2 three directors who shall serve four year terms. Thereafter, on
106-3 the same date in each subsequent second year, the appropriate
106-4 number of directors shall be elected to the board.
106-5 SUBSECTION 11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
106-6 No municipality in whose extraterritorial jurisdiction the district
106-7 is located shall pass any ordinances, resolutions or otherwise take
106-8 any actions which impair the ability of the district to exercise
106-9 its powers under this Act or which would limit the ability of the
106-10 district to finance, construct or operate its water, wastewater or
106-11 drainage systems.
106-12 SUBSECTION 12. ANNEXATION. The district may not be annexed
106-13 by a municipality in whose extraterritorial jurisdiction the
106-14 district lies without an affirmative vote of a majority of the
106-15 qualified voting electors at an election held by the district to
106-16 consider a proposition for or against such annexation.
106-17 SUBSECTION 13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
106-18 INSTALLATION OF FACILITIES. If a municipality in whose
106-19 extraterritorial jurisdiction the district is located annexes the
106-20 district for full or limited purposes and the annexation precludes
106-21 or impairs the ability of the district to issue bonds, the
106-22 municipality shall, simultaneously with the annexation, pay in cash
106-23 to the landowner or developer of the district a sum equal to all
106-24 actual costs and expenses incurred by the landowner or developer in
106-25 connection with the district that the district has, in writing,
107-1 agreed to pay and that would otherwise have been eligible for
107-2 reimbursement from bond proceeds under the rules and requirements
107-3 of the Commission as such rules and requirements exist on the date
107-4 of annexation. The municipality shall further be required to
107-5 install after annexation all necessary water, wastewater and
107-6 drainage facilities to serve full buildout of development within
107-7 the district.
107-8 SECTION 8. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
107-9 (a) The proper and legal notice of the intention to introduce this
107-10 Act, setting forth the general substance of this Act, has been
107-11 published as provided by law, and the notice and a copy of this Act
107-12 have been furnished to all persons, agencies, officials, or
107-13 entities to which they are required to be furnished by the
107-14 constitution and other laws of this state, including the governor,
107-15 who has submitted the notice and Act to the Commission.
107-16 (b) The Commission has filed its recommendations relating to
107-17 this Act with the governor, lieutenant governor, and speaker of the
107-18 house of representatives within the required time.
107-19 (c) All requirements of the constitution and laws of this
107-20 state and the rules and procedures of the legislature with respect
107-21 to the notice, introduction, and passage of this Act are fulfilled
107-22 and accomplished.
107-23 SECTION 9. EMERGENCY. The importance of this legislation
107-24 and the crowded condition of the calendars in both houses create an
107-25 emergency and an imperative public necessity that the
108-1 constitutional rule requiring bills to be read on three several
108-2 days in each house be suspended, and this rule is hereby suspended,
108-3 and that this Act take effect and be in force from and after its
108-4 passage, and it is so enacted.