By Saunders H.B. No. 3193
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 Southwest Travis County Water
1-4 District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE 1. GENERAL PROVISIONS
1-7 SECTION 1.01. CREATION. (a) A conservation and reclamation
1-8 district, to be known as the Southwest Travis County Water
1-9 District, is created in Travis County. A confirmation election is
1-10 not necessary. The district is a governmental agency and a body
1-11 politic and corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Section 59, Article XVI, Texas
1-14 Constitution.
1-15 SECTION 1.02. DEFINITIONS. In this Act:
1-16 (1) "Board" means the board of directors of the
1-17 district.
1-18 (2) "Commission" means the Texas Natural Resource
1-19 Conservation Commission.
1-20 (3) "Director" means a member of the board.
1-21 (4) "Disposal system" means any system for disposing
1-22 of waste, including a sewer system, drainage system, or treatment
1-23 facility.
1-24 (5) "District" means the Southwest Travis County Water
2-1 District.
2-2 (6) "Local government" means a municipality, county,
2-3 river authority, or water district or authority acting under
2-4 Section 52, Article III, or Section 59, Article XVI, Texas
2-5 Constitution.
2-6 (7) "Person" has the meaning assigned by Section
2-7 311.005, Government Code.
2-8 (8) "Pollution" has the meaning assigned by Section
2-9 26.001, Water Code.
2-10 (9) "System" means a network of pipelines, conduits,
2-11 canals, pumping stations, force mains, and all other constructions,
2-12 devices, and related appliances used to transport water or waste.
2-13 (10) "Treatment facility" means a plant, disposal
2-14 field, lagoon, incinerator, sanitary landfill, or other facility
2-15 installed for the purpose of treating, neutralizing, or stabilizing
2-16 waste.
2-17 (11) "Waste" means waterborne liquid, gaseous, or
2-18 solid substances that result from a discharge from a treatment
2-19 facility or disposal system.
2-20 (12) "Water" means groundwater, percolating or
2-21 otherwise, and a lake, pond, impounding reservoir, spring, river,
2-22 stream, creek, canal, or any other surface water, natural or
2-23 artificial, navigable or nonnavigable, that is wholly or partially
2-24 in the district.
2-25 ARTICLE 2. ADMINISTRATIVE PROVISIONS
2-26 SECTION 2.01. BOARD. (a) The district's powers, rights,
2-27 duties, and functions are exercised by a board of directors.
3-1 (b) The board consists of nine members appointed by the
3-2 governor.
3-3 SECTION 2.02. DIRECTOR ELIGIBILITY. To be eligible for
3-4 appointment as a director, a person must be a resident of Travis
3-5 County. At least five of the directors must reside in the
3-6 district.
3-7 SECTION 2.03. TERMS OF DIRECTORS AND APPOINTMENT PROCEDURES.
3-8 (a) Other than initial directors, directors are appointed for
3-9 staggered terms of six years with three members' terms expiring
3-10 September 1 of each odd-numbered year.
3-11 (b) Appointment of initial directors shall be made promptly
3-12 after this Act takes effect. The governor and lieutenant governor
3-13 each shall appoint one initial director to serve a term expiring
3-14 September 1, 1997, one initial director to serve a term expiring
3-15 September 1, 1999, and one initial director to serve a term
3-16 expiring September 1, 2001. In addition, the lieutenant governor
3-17 shall appoint three initial directors from a list provided by the
3-18 speaker of the house of representatives with one to serve a term
3-19 expiring September 1, 1997, one to serve a term expiring September
3-20 1, 1999, and one to serve a term expiring September 1, 2001.
3-21 (c) When a director's term expires, the person who appointed
3-22 the director shall appoint a successor.
3-23 (d) When a director dies, resigns, or is otherwise removed,
3-24 the person who appointed the director shall appoint a successor to
3-25 serve for the unexpired term.
3-26 SECTION 2.04. QUALIFICATION OF DIRECTOR. Each director must
3-27 qualify to serve as director in the manner provided by Sections
4-1 51.078 and 51.079, Water Code. The district shall pay the premiums
4-2 for each director's bond required under Section 51.079, Water Code.
4-3 SECTION 2.05. MEETINGS AND ACTIONS OF THE BOARD. (a) The
4-4 board shall adopt bylaws at its first meeting or as soon after the
4-5 first meeting as is practicable.
4-6 (b) The board shall meet at least four times each year, and
4-7 may meet at any other time provided in its bylaws.
4-8 (c) A majority of the directors constitutes a quorum for the
4-9 transaction of business. Except as otherwise provided in this Act,
4-10 the vote of a majority of directors present at a meeting at which a
4-11 quorum is present is required for board action.
4-12 SECTION 2.06. ORGANIZATION OF BOARD. (a) The board shall
4-13 elect from its members a chair, vice chair, secretary, and other
4-14 officers as necessary. A person elected to a board office serves
4-15 in that capacity for a period of two years or until the person
4-16 ceases to be a director, whichever occurs first. An officer's
4-17 period of service begins at a time provided by the bylaws.
4-18 (b) If a vacancy occurs in a board office, the directors
4-19 shall elect a person to fill the unexpired period of service at the
4-20 next board meeting.
4-21 (c) The board by its bylaws shall prescribe:
4-22 (1) the powers and duties of each board office; and
4-23 (2) procedures to remove a director from a board
4-24 office.
4-25 SECTION 2.07. INTEREST IN CONTRACT. A director who is
4-26 financially interested in a contract proposed to be executed by the
4-27 district for the purchase of property or services or the
5-1 construction of facilities shall disclose the interest to the board
5-2 and may not vote on acceptance of the contract.
5-3 SECTION 2.08. DIRECTOR'S COMPENSATION. (a) Subject to
5-4 Subsection (b), a director is entitled to receive an allowance of
5-5 $50 a day and reimbursement for actual and necessary expenses
5-6 incurred:
5-7 (1) for each day the director attends a meeting of the
5-8 board; and
5-9 (2) for each day the board authorizes the director to
5-10 attend to district business.
5-11 (b) A director may not receive a per diem allowance for more
5-12 than 20 days in a calendar year.
5-13 SECTION 2.09. GENERAL MANAGER. (a) The board shall employ
5-14 a general manager for a term and salary set by the board.
5-15 (b) The general manager is the chief executive officer of
5-16 the district. In accordance with policies adopted by the board,
5-17 the general manager is responsible for:
5-18 (1) administering the board's directives;
5-19 (2) keeping the district's records, including minutes
5-20 of board meetings;
5-21 (3) coordinating with state, federal, and local
5-22 agencies;
5-23 (4) developing plans and programs for the board's
5-24 approval;
5-25 (5) hiring, supervising, training, and discharging the
5-26 district's employees;
5-27 (6) obtaining technical, scientific, legal, fiscal,
6-1 and other professional services; and
6-2 (7) performing any other duties the board assigns.
6-3 (c) The board may discharge the general manager.
6-4 SECTION 2.10. EMPLOYEES BONDS. (a) The general manager and
6-5 each employee of the district who is charged with the collection,
6-6 custody, or payment of any money of the district shall execute a
6-7 fidelity bond in an amount determined by the board and in a form
6-8 and with a surety approved by the board.
6-9 (b) The district shall pay the premiums on the employees'
6-10 bonds under this section.
6-11 SECTION 2.11. PRINCIPAL OFFICE. The district shall maintain
6-12 its principal office inside the district.
6-13 SECTION 2.12. RECORDS. (a) The district shall keep:
6-14 (1) complete and accurate accounts of its business
6-15 transactions in accordance with generally accepted methods of
6-16 accounting;
6-17 (2) complete and accurate minutes of its meetings; and
6-18 (3) its accounts, contracts, documents, minutes, and
6-19 other records at its principal office.
6-20 (b) The district shall permit reasonable public inspection
6-21 of its records during regular business hours.
6-22 SECTION 2.13. SEAL. The district shall adopt a seal and may
6-23 change the seal from time to time.
6-24 SECTION 2.14. SUIT. The district may sue and be sued in its
6-25 corporate name.
6-26 ARTICLE 3. POWERS AND DUTIES
6-27 SECTION 3.01. GENERAL POWERS AND DUTIES. (a) The district
7-1 shall:
7-2 (1) administer and enforce the terms of this Act;
7-3 (2) use its facilities and powers to accomplish the
7-4 purposes of this Act;
7-5 (3) coordinate the provision of water, wastewater,
7-6 solid waste disposal, and drainage services in the district; and
7-7 (4) control and abate water pollution in the district.
7-8 (b) Except as otherwise provided in this Act, the creation
7-9 of a local government or political subdivision in the district is
7-10 prohibited unless approved by board resolution. Annexation of
7-11 district territory by a local government or political subdivision
7-12 is prohibited unless approved by all owners of land to be annexed
7-13 and by board resolution. All area within the district is removed
7-14 and excluded from the extraterritorial jurisdiction of any local
7-15 government or other political subdivision in the state.
7-16 (c) Subject only to the authority of the commission and of a
7-17 groundwater conservation district in existence on the effective
7-18 date of this Act that is composed in whole or in part of the
7-19 territory of the district, the district has exclusive authority in
7-20 the district, superseding the authority of any local government,
7-21 except a groundwater conservation district in existence on the
7-22 effective date of this Act, to:
7-23 (1) regulate septic tanks;
7-24 (2) prohibit the pollution of and enforce rules
7-25 regarding any stream, drain, or tributary that may constitute a
7-26 source of water supply;
7-27 (3) adopt and enforce rules protecting a watershed;
8-1 (4) provide for the protection and management of an
8-2 endangered species located within the district or affected by
8-3 activities in the district;
8-4 (5) regulate the subdivision of land;
8-5 (6) regulate all zoning and land use;
8-6 (7) regulate resource extraction activities; and
8-7 (8) regulate the use and development of public
8-8 parkland.
8-9 (d) Subject only to the authority of the commission and of a
8-10 groundwater conservation district in existence on the effective
8-11 date of this Act that is composed in whole or in part of the
8-12 territory of the district, the district has exclusive authority,
8-13 superseding the authority of any local government, except a
8-14 groundwater conservation district in existence on the effective
8-15 date of this Act, to:
8-16 (1) coordinate the provision of water, wastewater,
8-17 solid waste disposal, or drainage services within, to, or from the
8-18 district; and
8-19 (2) control or abate water pollution within or caused
8-20 within the district.
8-21 (e) Except as expressly limited by this Act, the district
8-22 has all powers, rights, and privileges necessary and convenient for
8-23 accomplishing the purposes of this Act that are conferred by
8-24 general law upon any conservation and reclamation district created
8-25 pursuant to Section 59, Article XVI, Texas Constitution.
8-26 (f) The powers granted to the district in this Act are
8-27 cumulative of all powers granted by other law.
9-1 SECTION 3.02. DISTRICT RULES. (a) The district shall adopt
9-2 and enforce rules reasonably required to implement this Act,
9-3 including rules governing procedure and practice before the board.
9-4 (b) The district shall print its rules and furnish copies of
9-5 the rules to any person on written request.
9-6 SECTION 3.03. INSPECTIONS AND INVESTIGATIONS. The district
9-7 may enter public or private property in the district's territory
9-8 for the purpose of inspecting and investigating conditions relating
9-9 to its authorized purposes under the same provisions and
9-10 restrictions applicable to the commission.
9-11 SECTION 3.04. HEARING AND ORDER. (a) The board may:
9-12 (1) hold hearings, receive evidence from any party in
9-13 interest who appears before the board, compel the attendance of
9-14 witnesses, and make findings of fact and determinations with
9-15 respect to administering this Act or any order or rule of the
9-16 district; and
9-17 (2) delegate to one or more of its members or
9-18 employees the authority to take testimony and administer oaths in
9-19 any hearing held or authorized to be held by the district.
9-20 (b) An order of the board must be:
9-21 (1) in the district's name; and
9-22 (2) attested by proper members of the board under the
9-23 district's rules.
9-24 SECTION 3.05. CIVIL PENALTY; INJUNCTION. (a) A person who
9-25 violates a rule, permit, or order of the district is subject to a
9-26 civil penalty of not less than $50 and not more than $1,000 for
9-27 each violation or each day of a continuing violation.
10-1 (b) The district may sue to recover the penalty in a
10-2 district court in the county where the violation occurred. The
10-3 penalty shall be paid to the district.
10-4 (c) The district may sue for injunctive relief in a district
10-5 court in the county where a violation of its rule, permit, or order
10-6 occurs or is threatened to occur. The court may grant to the
10-7 district, without bond or other undertaking, a prohibitory or
10-8 mandatory injunction that the facts warrant, including a temporary
10-9 restraining order, temporary injunction, or permanent injunction.
10-10 (d) The district may sue for injunctive relief and a civil
10-11 penalty in the same proceeding.
10-12 (e) The commission is a necessary party to a suit brought
10-13 under this section.
10-14 SECTION 3.06. COURT REVIEW. (a) A person who is adversely
10-15 affected by a rule, act, or order of the district may sue the
10-16 district in district court to set aside the rule, act, or order.
10-17 (b) The suit must be filed not later than the 60th day after
10-18 the date on which the rule, act, or order takes effect.
10-19 (c) If a person challenges in court the validity of all or
10-20 any portion of this Act and does not prevail in the challenge, the
10-21 court shall order the person to pay the reasonable attorney's fees,
10-22 expert witness fees, and other costs incurred by all opposing
10-23 parties in defending this Act.
10-24 SECTION 3.07. WATER QUALITY STANDARDS AND CRITERIA. (a)
10-25 The board shall prescribe a water pollution control and abatement
10-26 program for the district after public hearing. The program must:
10-27 (1) apply equally and uniformly throughout the
11-1 district; and
11-2 (2) be designed to achieve state water quality
11-3 standards adopted by the commission and in effect on January 1,
11-4 1995.
11-5 (b) The district shall submit the program to the commission
11-6 for review and approval. The commission by rule may provide
11-7 criteria for the review and approval of the program, based on
11-8 achieving state water quality standards adopted by the commission
11-9 and in effect on January 1, 1995.
11-10 (c) If the commission finds that the proposed program will
11-11 not achieve state water quality standards, it shall notify the
11-12 district in writing of the specific objections not later than the
11-13 30th day after receipt of the proposed program. The district may
11-14 amend the proposed program in response to the commission's
11-15 objections. If the district amends the proposed program in
11-16 response to the commission's objections, the commission shall
11-17 promptly notify the district in writing whether the commission
11-18 approves the proposal as amended.
11-19 (d) If the commission does not notify the district that it
11-20 objects to the proposed program as required by Subsection (c), the
11-21 program shall become operative on the 31st day after the commission
11-22 receives the proposed program. If the commission notifies the
11-23 district as required by Subsection (c) that it finds the proposed
11-24 program will not achieve state water quality standards, the program
11-25 may not become operative until the date on which the commission
11-26 approves the program.
11-27 (e) The commission shall adopt and assess fees adequate to
12-1 recover the costs of the commission in administering this section.
12-2 SECTION 3.08. WATER, WASTEWATER, OR DRAINAGE CONTROL PLANS.
12-3 (a) The district shall, as needed, develop, prepare, and revise
12-4 comprehensive water, wastewater, or drainage control plans for
12-5 various areas of the district. The plans must be consistent with
12-6 state water quality standards adopted by the commission and in
12-7 effect on January 1, 1995.
12-8 (b) This Act does not authorize the district to:
12-9 (1) develop, own, or operate a surface water dam or
12-10 reservoir for potable water supply purposes; or
12-11 (2) limit or supersede an existing water management
12-12 plan, water right, or water supply or wastewater treatment facility
12-13 of a river authority in existence on the effective date of this Act
12-14 the territory of which comprises at least three counties and
12-15 includes all or part of the district territory.
12-16 (c) The plans must comply with all requirements of the
12-17 National Flood Insurance Program, as prescribed by Subchapter I,
12-18 Chapter 16, Water Code.
12-19 SECTION 3.09. REGULATION OF SOLID WASTE. (a) The district
12-20 has the powers and duties relating to the regulation of solid waste
12-21 granted to a local government under Subchapter E, Chapter 361, and
12-22 Chapter 364, Health and Safety Code.
12-23 (b) The district may adopt rules to implement the powers and
12-24 duties authorized by this section.
12-25 SECTION 3.10. SEPTIC TANKS. (a) If the district finds that
12-26 the nature of the soil or drainage in the district requires
12-27 regulation of septic tanks to prevent water pollution or to
13-1 protect the public health, the district by rule may:
13-2 (1) restrict the number and types of septic tanks
13-3 permitted in a specified area;
13-4 (2) forbid the use of a septic tank in a specified
13-5 area;
13-6 (3) forbid the installation of a new septic tank in a
13-7 specified area;
13-8 (4) establish a permit system for the installation of
13-9 a new septic tank in a specified area; or
13-10 (5) seek a gradual reduction of the number or types of
13-11 septic tanks in a specified area.
13-12 (b) Before the board adopts a rule under this section, the
13-13 board shall:
13-14 (1) consult with the commission; and
13-15 (2) hold a public hearing in the area to be affected
13-16 by the rule.
13-17 SECTION 3.11. SUBDIVISIONS. (a) Subject only to the power
13-18 and jurisdiction, as modified by this Act, of a county under
13-19 Chapter 232, Local Government Code, the district has the exclusive
13-20 power and jurisdiction, superseding the power and jurisdiction of
13-21 any other local government, to approve a plat or replat required of
13-22 a tract of land located within the district. A plat or replat may
13-23 not be filed with the county clerk without the approval of both the
13-24 district and the county with jurisdiction over the land.
13-25 (b) Subject to Subsection (a) of this section, the district
13-26 must approve a plat or replat that satisfies the requirements
13-27 established by the commissioners court of the county under Section
14-1 232.003, Local Government Code. The district shall act on a plat
14-2 or replat not later than the 60th day after the date the plat or
14-3 replat is filed. A plat or replat is approved unless before the
14-4 61st day after the date the plat or replat is filed:
14-5 (1) the plat or replat is expressly disapproved; and
14-6 (2) a statement of the specific manner in which the
14-7 plat or replat fails to satisfy all applicable regulations is given
14-8 to the owner of the land included in the plat or replat.
14-9 (c) With respect to land within the district, the district
14-10 may not regulate:
14-11 (1) the use of any building or property for business,
14-12 industrial, residential, or other purposes;
14-13 (2) the size, bulk, height, location, or number of
14-14 buildings and other structures that may be constructed or the ratio
14-15 of building area to land area;
14-16 (3) the number of residential units that may be built;
14-17 or
14-18 (4) the size of yards, courts, other open areas, or
14-19 the impervious cover that may be constructed on a tract of land.
14-20 SECTION 3.12. MUNICIPAL UTILITY DISTRICTS. (a) The
14-21 creation of a municipal utility district in the district shall be
14-22 regulated only by the commission. The consent of the district or
14-23 any local government or other political subdivision in the state is
14-24 not required to create a municipal utility district in the
14-25 district.
14-26 (b) The district has exclusive authority to enforce, amend,
14-27 or terminate the provisions of any agreement between or that
15-1 applies to a municipal utility district located within the district
15-2 and any local government or other political subdivision in the
15-3 state relating to:
15-4 (1) land use or site plans;
15-5 (2) restrictive covenants;
15-6 (3) the provision of drainage and solid waste disposal
15-7 services;
15-8 (4) the regulation of septic tanks;
15-9 (5) the control and abatement of water pollution;
15-10 (6) the prohibition of pollution and policing of any
15-11 source of water supply; or
15-12 (7) the protection and policing of watersheds within
15-13 the district.
15-14 (c) The authority granted by Subsection (b) of this section
15-15 supersedes the authority of any local government or other political
15-16 subdivision in the state regarding the matters described by
15-17 Subsection (b) of this section, other than the authority of a
15-18 county to enforce, amend, or terminate an agreement pertaining to
15-19 landscape maintenance or a license agreement in the public
15-20 rights-of-way.
15-21 (d) The rules of the district in effect at the time a
15-22 petition for creation of a municipal utility district is filed with
15-23 the commission remain applicable to all land within the municipal
15-24 utility district until all bonds issued by the municipal utility
15-25 district have been paid. After a municipal utility district issues
15-26 bonds for a project approved by the commission, the district or a
15-27 local government or other political subdivision of the state may
16-1 not impose a requirement or condition on the municipal utility
16-2 district that may adversely affect the data, profiles, maps, plans
16-3 and specifications, or land use used to determine the feasibility
16-4 of the project or the financial feasibility or tax base of the
16-5 municipal utility district, unless the requirement or condition is
16-6 made specifically to comply with state or federal law or applies
16-7 only after the bonds issued by the municipal utility district have
16-8 been paid. Any requirement or condition imposed on a municipal
16-9 utility district in conflict with this section is void.
16-10 SECTION 3.13. ACQUISITION, CONSTRUCTION, AND OPERATION OF
16-11 SYSTEMS. The district may:
16-12 (1) acquire and provide by purchase, gift, or lease
16-13 any water service, wastewater service, drainage service, or
16-14 disposal service within the district;
16-15 (2) construct a disposal system and provide disposal
16-16 services within the district;
16-17 (3) operate or sell a disposal system the district
16-18 constructs or acquires;
16-19 (4) contract with any person to operate or maintain a
16-20 disposal system the person owns; and
16-21 (5) contract with any person to train or supervise
16-22 employees of a disposal system.
16-23 SECTION 3.14. SYSTEM CONTRACTS. (a) The district may
16-24 contract to receive and treat or dispose of water, wastewater,
16-25 drainage, or wastes from any person in the district.
16-26 (b) In a contract under this section, the district shall set
16-27 fees on the basis of:
17-1 (1) the quality and quantity of the water, wastewater,
17-2 drainage, or waste;
17-3 (2) the difficulty in treating or disposing of the
17-4 water, wastewater, drainage, or waste;
17-5 (3) operation and maintenance expenses and debt
17-6 retirement service costs; and
17-7 (4) any other reasonable consideration.
17-8 SECTION 3.15. SALE OF WATER OR BY-PRODUCT. The district may
17-9 store and sell:
17-10 (1) water; or
17-11 (2) a by-product from the district's operations.
17-12 SECTION 3.16. PERMITS FROM COMMISSION. (a) The district
17-13 may apply to the commission for a permit to appropriate water.
17-14 (b) The district may apply to the commission for a water
17-15 storage or use permit to store and sell water under Section 3.13 of
17-16 this Act.
17-17 SECTION 3.17. EMINENT DOMAIN. (a) Except as provided by
17-18 Subsection (b), the district may exercise the power of eminent
17-19 domain under Chapter 21, Property Code, to acquire property of any
17-20 kind in Travis County that is:
17-21 (1) appropriate for the exercise of the district's
17-22 functions; and
17-23 (2) within the district or adjacent to the district.
17-24 (b) The district may not exercise the power of eminent
17-25 domain to acquire the property of a river authority in existence on
17-26 the effective date of this Act the territory of which comprises at
17-27 least three counties and includes all or part of the district
18-1 territory.
18-2 SECTION 3.18. RELOCATION OF FACILITIES. If the district
18-3 requires relocating, raising, lowering, rerouting, changing the
18-4 grade of, or altering the construction of a railroad, highway,
18-5 pipeline, or an electric transmission or distribution, telegraph,
18-6 or telephone line conduit, pole, or facility, the district shall
18-7 pay the cost of that action so as to provide comparable replacement
18-8 of any replaced facility, less the replaced facility's net salvage
18-9 value.
18-10 SECTION 3.19. USE OF PUBLIC EASEMENTS. (a) The district
18-11 may use any public roadway, street, alley, or easement in Travis
18-12 County to accomplish its purposes, without the necessity of
18-13 securing a franchise or other governmental agreement. The use is
18-14 subject to the authority of a county to require the relocation of
18-15 facilities, at the expense of the district, to permit the widening
18-16 or straightening of a road. The county must give the district 30
18-17 days' notice that relocation is required and specify the new
18-18 location for the facilities along the right-of-way of the road.
18-19 (b) This section does not apply to an easement of a river
18-20 authority in existence on the effective date of this Act the
18-21 territory of which comprises at least three counties and includes
18-22 all or part of the district territory.
18-23 (c) The district may not change, alter, or damage a portion
18-24 of the state highway system or any county road without first
18-25 obtaining the written consent of the Texas Department of
18-26 Transportation or the county, as applicable. The placement of a
18-27 district facility in state or county highway right-of-way is
19-1 subject to regulation by the Texas Department of Transportation or
19-2 a county, as applicable.
19-3 SECTION 3.20. ACQUISITION AND DISPOSITION OF PROPERTY. (a)
19-4 The district may purchase, lease, acquire by gift, maintain, use,
19-5 or operate property of any kind that is appropriate for the
19-6 exercise of its functions.
19-7 (b) The board may sell to the highest bidder, at a public or
19-8 private sale, or may exchange any property owned by the district
19-9 that is not required to carry out the district's purposes. Before
19-10 conducting a public or a private sale of property, the district
19-11 shall give notice of its intent to sell the property by publishing
19-12 notice once a week for two consecutive weeks in a newspaper of
19-13 general circulation in the district.
19-14 SECTION 3.21. FACILITIES. The district may acquire,
19-15 construct, extend, improve, maintain, reconstruct, use, or operate
19-16 any facility necessary or convenient to the exercise of its powers,
19-17 rights, duties, or functions.
19-18 SECTION 3.22. CONTRACTS. (a) The district may make
19-19 contracts and execute instruments necessary or convenient to the
19-20 exercise of its powers, rights, duties, or functions. The district
19-21 may not enter into a contract with a term greater than 50 years.
19-22 (b) This section does not prohibit the district from
19-23 purchasing surplus property from the United States through a
19-24 negotiated contract without bids.
19-25 (c) An officer, agent, or employee of the district who is
19-26 financially interested in a contract of the type described in
19-27 Subsection (b) of this section shall disclose the interest to the
20-1 board before the board votes on the acceptance of the contract.
20-2 (d) Notwithstanding any provision of a municipality's
20-3 charter, a contract between the district and a municipality need
20-4 not be submitted to the municipality's electorate.
20-5 SECTION 3.23. COOPERATIVE AGREEMENTS. The district may
20-6 enter into cooperative agreements with other local governments,
20-7 state agencies, or agencies of the United States:
20-8 (1) to perform water, wastewater, drainage, or waste
20-9 disposal management, inspection, and enforcement functions and to
20-10 give technical aid and education services to any party to the
20-11 agreement; and
20-12 (2) to transfer money or property to any party to the
20-13 agreement for the purpose of water quality and waste disposal
20-14 management, inspection, enforcement, and technical aid and
20-15 education.
20-16 SECTION 3.24. COUNTY AUTHORITY. Notwithstanding any other
20-17 provision of this Act, this Act does not affect a county's
20-18 authority acting under an order or ordinance of the commissioners
20-19 court of the county or by a rule or regulation approved by the
20-20 commissioners court of the county:
20-21 (1) related to land use or zoning, including the
20-22 authority provided by:
20-23 (A) Chapters 233 and 243, Local Government Code;
20-24 (B) Section 109.33, Alcoholic Beverage Code;
20-25 (C) Chapter 953, Acts of the 70th Legislature,
20-26 Regular Session, 1987 (Article 2372dd-1, Vernon's Texas Civil
20-27 Statutes); or
21-1 (D) other law;
21-2 (2) to regulate subdivisions under Chapter 232, Local
21-3 Government Code, or other law, if the regulation does not conflict
21-4 with Section 3.07(a) of this Act;
21-5 (3) to plan, construct, or maintain public roads or
21-6 related drainage under the County Road and Bridge Act (Article
21-7 6702-1, Vernon's Texas Civil Statutes) or other law if the
21-8 regulation does not conflict with Section 3.07(a) of this Act; or
21-9 (4) to regulate an on-site sewage disposal system, as
21-10 that term is defined by Section 366.002, Health and Safety Code, or
21-11 a private sewage facility, as that term is defined by Section
21-12 26.031, Water Code.
21-13 ARTICLE 4. GENERAL FISCAL PROVISIONS
21-14 SECTION 4.01. DISBURSEMENT OF MONEY. The district may
21-15 disburse money only by check, draft, order, or other instrument
21-16 signed by the person or persons authorized in the board's bylaws or
21-17 by board resolution.
21-18 SECTION 4.02. FEES AND CHARGES. The district may establish
21-19 fees and charges not to exceed the amounts necessary to enable the
21-20 district to fulfill the obligations imposed on it by this Act.
21-21 SECTION 4.03. LOANS AND GRANTS. (a) The district may
21-22 borrow money and accept grants for its corporate purposes.
21-23 (b) The district may borrow money and accept grants from
21-24 private sources, the United States, the state, and local
21-25 governments. The district may enter into any agreement in
21-26 connection with a loan or grant that does not conflict with state
21-27 or federal law.
22-1 (c) Information of the source, amount, and any restriction
22-2 on expenditure of money the district accepts is public information.
22-3 SECTION 4.04. FISCAL YEAR. The board shall establish the
22-4 district's fiscal year.
22-5 SECTION 4.05. INDEPENDENT AUDIT AND REPORT. (a) The board
22-6 shall have an audit of the district's affairs for each fiscal year
22-7 prepared by an independent certified public accountant of
22-8 recognized integrity and ability.
22-9 (b) The district shall keep at least one copy of the most
22-10 recent audit at the district's principal office.
22-11 (c) The district shall make a copy of the most recent audit
22-12 available for inspection by any interested person during regular
22-13 business hours.
22-14 SECTION 4.06. DEPOSITORY BANKS. (a) The board shall
22-15 designate one or more banks to serve as depository for the
22-16 district's money. The district shall deposit all of its money in
22-17 the designated depository bank or banks, except:
22-18 (1) to the extent provided in a trust indenture, the
22-19 district may deposit bond proceeds and money pledged to pay bonds
22-20 with the trustee bank named in the trust indenture; and
22-21 (2) money pledged to pay bonds shall be remitted to
22-22 the bank of payment for the payment of principal and interest on
22-23 bonds.
22-24 (b) To the extent that money in a depository bank or trustee
22-25 bank is not invested or insured by the Federal Deposit Insurance
22-26 Corporation, the money shall be secured in the manner provided by
22-27 law for the security of state money.
23-1 (c) Before designating a depository bank, the board shall
23-2 publish notice at least once in a newspaper of general circulation
23-3 in the district requesting applications from banks interested in
23-4 serving as a depository. The notice shall include the time and
23-5 location of the board meeting at which the board proposes to
23-6 designate a depository bank. The board shall prescribe the term of
23-7 service of a depository bank.
23-8 (d) At the time stated in the notice required by Subsection
23-9 (c), the board shall consider the applications received and the
23-10 management and condition of each bank that files an application.
23-11 The board may designate as a depository the bank or banks that
23-12 offer the most favorable terms and conditions for the handling of
23-13 the district's money and that have proper management and the
23-14 ability to properly handle the district's money. Membership of an
23-15 officer or director of a bank on the board of the district does not
23-16 disqualify the bank from being designated as a depository.
23-17 (e) If no application is received by the time stated in the
23-18 notice, the board may designate a bank or banks on such terms and
23-19 conditions as the board considers prudent.
23-20 ARTICLE 5. BOND AND TAX PROVISIONS
23-21 SECTION 5.01. REVENUE BONDS. (a) For the purpose of
23-22 carrying out a power or authority conferred by this Act, the
23-23 district may issue bonds secured by a pledge of all or part of the
23-24 revenues accruing to the district from a source other than ad
23-25 valorem taxes, including money received from tolls, charges, the
23-26 sale of water or other products, and the provision of services.
23-27 (b) The district's bonds shall:
24-1 (1) be authorized by board resolution;
24-2 (2) be issued in the district's name;
24-3 (3) be signed by the chair or vice chair;
24-4 (4) be attested by the secretary; and
24-5 (5) bear the district's seal.
24-6 (c) The board may prescribe the form, denomination, and
24-7 interest rate of bonds issued by the district, except that bonds
24-8 must mature serially or otherwise not more than 50 years after
24-9 their date. The board may sell bonds at prices and under terms
24-10 that the board determines to be the most advantageous reasonably
24-11 available. The district's bonds may be made redeemable before
24-12 maturity at times and prices prescribed in the bonds. The
24-13 district's bonds may be secured by an indenture of trust with a
24-14 corporate trustee.
24-15 (d) The district may issue bonds in more than one series as
24-16 required for carrying out the purposes of this Act. The district
24-17 may, in issuing bonds secured by the district's revenues, reserve
24-18 the right to issue additional bonds secured by the district's
24-19 revenues that are on a parity with or are senior or subordinate to
24-20 the bonds issued earlier.
24-21 (e) The resolution authorizing the bonds or the trust
24-22 indenture securing the bonds may specify additional provisions that
24-23 shall constitute a contract between the district and its
24-24 bondholders. The board may provide:
24-25 (1) for additional bond provisions; and
24-26 (2) for a corporate trustee or receiver to take
24-27 possession of the district's facilities if the district defaults.
25-1 SECTION 5.02. REFUNDING BONDS. (a) The district may issue
25-2 refunding bonds to refund outstanding bonds and interest authorized
25-3 by this Act.
25-4 (b) Refunding bonds may:
25-5 (1) be issued to refund one or more series of
25-6 outstanding bonds;
25-7 (2) combine the pledges for the outstanding bonds for
25-8 the security of the refunding bonds; and
25-9 (3) be secured by other or additional revenues.
25-10 (c) The provisions of this Act applicable to the district's
25-11 issuance of other bonds, their security, their approval by the
25-12 attorney general, and the remedies of the holders are applicable to
25-13 refunding bonds.
25-14 (d) Refunding bonds shall be registered by the comptroller
25-15 of public accounts on surrender and cancellation of the bonds to be
25-16 refunded. Alternatively, the resolution authorizing the issuance
25-17 of refunding bonds may provide that the bonds shall be sold and the
25-18 resulting proceeds deposited in the bank where the bonds to be
25-19 refunded are payable, in which case the refunding bonds may be
25-20 issued in an amount sufficient to pay the principal and interest of
25-21 the bonds to be refunded to their option or maturity date. The
25-22 comptroller of public accounts shall register the refunding bonds
25-23 without concurrent surrender and cancellation of the bonds to be
25-24 refunded.
25-25 SECTION 5.03. APPROVAL AND REGISTRATION OF BONDS. After the
25-26 district authorizes any bonds, the district shall submit the bonds
25-27 and the record relating to their issuance to the attorney general
26-1 for approval. If the bonds are secured by a pledge of the proceeds
26-2 of a contract between the district and a municipality or other
26-3 governmental agency, authority, or district, the district shall
26-4 submit to the attorney general a copy of the contract and the
26-5 proceedings of the municipality or other governmental agency,
26-6 authority, or district authorizing the contract. If the attorney
26-7 general finds that the bonds have been authorized and the
26-8 contracts, if any, have been made in accordance with the
26-9 constitution and laws of the state, the attorney general shall
26-10 approve the bonds and contracts. On approval, the bonds shall then
26-11 be registered by the comptroller of public accounts.
26-12 SECTION 5.04. BOND ELECTION. The district may issue bonds
26-13 without an election.
26-14 SECTION 5.05. AUTHORIZED INVESTMENTS. Bonds and refunding
26-15 bonds of the district are legal, eligible, and authorized
26-16 investments for a public fund of the state, including the State
26-17 Permanent School Fund, or a state agency.
26-18 SECTION 5.06. AD VALOREM TAXATION. (a) Except as provided
26-19 by Subsection (b), the district may not levy and collect ad valorem
26-20 taxes.
26-21 (b) The qualified voters in the district may, in an election
26-22 called for that purpose, authorize the district to levy and collect
26-23 ad valorem taxes for the maintenance of the district and its
26-24 improvements.
26-25 ARTICLE 6. DISTRICT BOUNDARIES
26-26 SECTION 6.01. DESCRIPTION OF BOUNDARIES. The district
26-27 includes all the territory contained within the following area,
27-1 whether the territory contains noncontiguous parcels of land and
27-2 whether the territory is located within the boundaries of any
27-3 municipality or other governmental entity or political subdivision
27-4 of the state:
27-5 The 4,661.248 acre tract out of the John Moore Survey No. 66, the
27-6 Jesse Williams Survey No. 62, the Samuel Hamilton Survey No. 16,
27-7 the John G. McGeeHee Survey No. 6, the Thomas Brite Survey No. 65,
27-8 the J. D. Cady Survey Abstract No. 139, the C. W. Hudson Survey No.
27-9 43, the Richard Hailey Survey No. 35, the Corbet Stevens Survey No.
27-10 63, the J. Burleson Survey No. 64, the John M. Bright Survey No.
27-11 63, the C. W. Hudson Survey No. 43, the H. Haigwood Survey No. 433,
27-12 the H. W. Cocke Survey No. 432 and the H. W. Cocke Survey No. 83,
27-13 Travis County, Texas, being a portion of that 2,807.1345 acre
27-14 tract, described as Tract 1, all of that 538.5087 acre tract,
27-15 described as Tract 2, a portion of that 214.8756 acre tract,
27-16 described as Tract 3, and all of that 100.0000 acre tract,
27-17 described as Tract 4 all conveyed by deed to Circle C Land Corp.
27-18 recorded in Volume 11620, Page 1126 of the Travis County Deed
27-19 Records, all of that 11.7446 acre tract contained within the
27-20 aforesaid 214.8756 acre tract, as dedicated for Slaughter Lane
27-21 (120.00' right-of-way), by plat recorded in Book 86, Pages 180C and
27-22 180D of the Travis County Plat Records, all of that 79.9863 acre
27-23 tract conveyed to the City of Austin by deed recorded in Volume
27-24 9495, Page 275, of the said Deed Records, all of that 46.50000 acre
27-25 tract conveyed to the City of Austin, by deed recorded in Volume
27-26 9495, Page 289 of the said Deed Records, all of that 285.4585 acre
27-27 tract, conveyed to the City of Austin by deed recorded in Volume
28-1 9495, Page 281 of the said Deed Records, a 25.4133 acre portion of
28-2 that 412.3003 acre tract conveyed to Ira John Yates by deed
28-3 recorded in Volume 10166, Page 726 of the said Deed Records, all of
28-4 that 85.033 acre tract conveyed to Mopac South Transportation
28-5 Corporation by deed recorded in Volume 10719, Page 926 of the said
28-6 Deed Records, all of that 13.845 acre tract conveyed to Mopac South
28-7 Transportation Corporation by deed recorded in Volume 10719, Page
28-8 920 of the said Deed Records, all of that 99.560 acre tract
28-9 conveyed to R. Alan Haywood, Trustee by deed recorded in Volume
28-10 11505, Page 55 of the said Deed Records, all of that 100.2215 acre
28-11 tract, described as Parcel "A", conveyed to Carlene H. Klaus by
28-12 deed recorded in Volume 9724, Page 329 of the said Deed Records,
28-13 all of that 100.2215 acre tract, described as Parcel "B", conveyed
28-14 to Ursula H. Kutra by deed recorded in Volume 9724, Page 317 of the
28-15 said Deed Records, all of that 100.2215 acre tract, described as
28-16 Parcel "C", conveyed to Amelia H. Mettke by deed recorded in Volume
28-17 9724, Page 321 of the said Deed Records, a portion of that certain
28-18 126.73 acre tract, conveyed to Mrs. Ruby Pauls Spillar by deed
28-19 recorded in Volume 700, Page 369 of the said Deed Records, and
28-20 being a portion of 1248.93 acres, described as various tracts,
28-21 conveyed to Mrs. Ruby Pauls Spillar by deed recorded in Volume 118,
28-22 Page 455 of the Said Deed Records; the said 4,661.248 acre tract
28-23 being more particularly described as follows:
28-24 BEGINNING at a 5/8" iron rod found in the easterly
28-25 right-of-way line of State Highway F.M. 1826 (80' wide) being the
28-26 northwest corner of the said 538.5087 acre tract, a point in the
28-27 southerly line of those tracts of land conveyed to Oak Hill Heights
29-1 Joint Venture by deed recorded in Volume 8154, Page 552, and the
29-2 most westerly point of a boundary line agreement between Jack Mann
29-3 and Josephene Turnbull as described in a deed recorded in Volume
29-4 1133, Page 464 of the said Deed Records;
29-5 THENCE, in a southeasterly direction along the line as
29-6 established by the said boundary line agreement, being the
29-7 northerly line of the 538.5087 acre tract and the southerly line of
29-8 the said Oak Hill Heights Joint Venture, tracts for the following
29-9 nine (9) courses:
29-10 1) S5922'13"E, 133.45 feet to a 1/2" iron pipe found;
29-11 2) S5933'32"E, 676.69 feet to a 5/8" iron rod found;
29-12 3) S5953'12"E, 415.00 feet to a 5/8" iron rod found;
29-13 4) S6013'30"E, 358.42 feet to a 5/8" iron rod found;
29-14 5) S6029'18"E, 157.98 feet to a 1/2" iron rod found for the
29-15 northeast corner of the said 70.96 acre tract, being the northwest
29-16 corner of the 154.44 acre tract;
29-17 6) S6027'13"E, 482.95 feet to a 1/2" iron pipe found;
29-18 7) S6059'20"E, 834.39 feet to a 1/2" iron pipe found;
29-19 8) S6114'02"E, 646.28 feet to a 1/2" iron pipe found;
29-20 9) S6141'08"E, 306.72 feet to a 1/2" iron pipe found;
29-21 THENCE, S6206'50"E, 332.04 feet to a 1/2" iron pipe found
29-22 for the most easterly corner of the aforesaid boundary line
29-23 agreement, being a northeast corner of the 538.5087 acre tract, the
29-24 southeast corner of the said Oak Hill Heights Joint Venture tracts
29-25 and a point in a westerly line of that 479.58 acre tract conveyed
29-26 to Village Joint Venture by deed recorded in Volume 8539, Page 511
29-27 of the Deed Records of Travis County, Texas;
30-1 THENCE, S3005'47"W, at approximately 1,833.10 feet pass the
30-2 northwest corner of the Village at Western Oaks Subdivision,
30-3 Section 16-A, recorded in Book 86, Pages 62A through 62D, for a
30-4 total distance of 2,399.06 feet to a 5/8" iron rod found;
30-5 THENCE, S2950'30"W, with the easterly line of the said
30-6 538.5087 acre tract, 276.17 feet to a 1/2" iron pipe found for the
30-7 southwest corner of Village at Western Oaks, Section 16-A, being an
30-8 ell corner of the aforesaid 538.5087 acre tract, and a point on the
30-9 centerline of an existing Humble Pipeline Company, pipeline
30-10 easement described in a deed recorded in Volume 994, Page 397 of
30-11 the said Deed Records;
30-12 THENCE, S7011'10"E, with the said Humble Pipeline Company
30-13 easement, being the common line between the 538.5087 acre tract and
30-14 Village at Western Oaks, Section 16-A, at 600.33 feet pass a 1/2"
30-15 iron pipe found, at 1,831.37 feet pass a 1/2" iron pipe found, for
30-16 a total distance of 2,413.41 feet to a 1/2" iron rod set on a curve
30-17 to the left in the easterly right-of-way line of Escarpment
30-18 Boulevard (120.00 foot right-of-way) for the southeast corner of
30-19 the aforesaid Village at Western Oaks Subdivision, Section 16-A;
30-20 THENCE, S7011'10"E, continuing with the north line of the
30-21 538.5087 acre tract at 2,913.32 feet pass an iron pipe found at
30-22 3,651.25 feet pass a second iron pipe found, for a total distance
30-23 of 4,238.43 feet to an iron pipe found for the northeast corner of
30-24 the said 538.5087 acre tract, being the southeast corner of that
30-25 479.58 acre tract conveyed to Village Joint Venture by deed
30-26 recorded in Volume 8539, Page 511 and a point in the westerly line
30-27 of that 531.07 acre tract conveyed to Maple Run Joint Venture by
31-1 deed recorded in Volume 7979, Page 932, both of the said deed
31-2 records; the found pipe is also the southeast corner of the
31-3 right-of-way dedicated for State Highway Loop 1 as shown on a plat
31-4 of Village at Western Oaks, Section 21, a subdivision recorded in
31-5 Book 86, Page 145C of the Map Records of Travis County, Texas;
31-6 THENCE, S3040'24"W, with the common line between the
31-7 538.5087 acre tract and the 531.07 acre tract, 448.59 feet to an
31-8 iron rod found;
31-9 THENCE, S3040'33"W, continuing with the said common line
31-10 between the 538.5087 acre tract and the 531.07 acre tract, 450.39
31-11 feet to an iron rod found;
31-12 THENCE, S7200'01"E, continuing with the said common line,
31-13 158.07 feet to an iron rod found near the centerline of Slaughter
31-14 Creek.
31-15 THENCE, S0218'37"E, continuing with the said common line, at
31-16 230.03 feet pass an iron rod found for the most easterly corner of
31-17 the 538.5087 acre tract, and a northerly corner of the above
31-18 mentioned 285.4585 acre City of Austin tract, for a total distance
31-19 of 424.50 feet to an iron pipe found;
31-20 THENCE, leaving the southerly line of the 538.5087 acre
31-21 tract, along the common line between the said 531.07 acre tract and
31-22 the 285.4585 acre tract for the following eleven (11) courses:
31-23 1) S4145'47"E, for a distance of 96.65 feet to an iron rod
31-24 found;
31-25 2) S7631'42"E, for a distance of 110.76 feet to an iron rod
31-26 found;
31-27 3) N8420'26"E, for a distance of 172.94 feet to an iron rod
32-1 found;
32-2 4) S4757'27"E, for a distance of 109.79 feet to an iron rod
32-3 found;
32-4 5) S2042'20"W, for a distance of 195.48 feet to an iron rod
32-5 found;
32-6 6) S4326'45"E, for a distance of 149.92 feet to an iron rod
32-7 found;
32-8 7) S2111'38"E, for a distance of 141.55 feet to an iron rod
32-9 found;
32-10 8) S1335'11"W, for a distance of 148.65 feet to an iron rod
32-11 found;
32-12 9) S0515'39"E, for a distance of 347.41 feet to an iron rod
32-13 found;
32-14 10) S4023'14"W, for a distance of 269.29 feet to an iron
32-15 rod found;
32-16 11) S7931'14"W, for a distance of 58.41 feet to a point in
32-17 the centerline of Slaughter Creek;
32-18 THENCE, along the centerline of Slaughter Creek, continuing
32-19 with the above said common line between the 531.07 acre tract and
32-20 the 285.4585 acre tract for the following thirteen (13) courses;
32-21 1) S0822'19"W, for a distance of 407.97 feet to an iron rod
32-22 found;
32-23 2) S2626'53"W, for a distance of 329.10 feet to an iron rod
32-24 found;
32-25 3) S0543'44"W, for a distance of 314.04 feet to an iron rod
32-26 found;
32-27 4) S1157'05"E, for a distance of 304.24 feet to an iron rod
33-1 found;
33-2 5) S3706'33"E, for a distance of 176.12 feet to an iron rod
33-3 found;
33-4 6) S6458'21"E, for a distance of 264.75 feet to a nail
33-5 found;
33-6 7) N6439'39"E, for a distance of 295.20 feet to a point;
33-7 8) N8849'06"E, for a distance of 326.14 feet to an iron rod
33-8 found;
33-9 9) S7115'17"E, for a distance of 207.09 feet to an iron rod
33-10 found;
33-11 10) S0537'53"E, for a distance of 155.67 feet to a nail
33-12 found;
33-13 11) S3531'12"E, for a distance of 432.21 feet to an iron
33-14 rod found;
33-15 12) S5645'40"E, for a distance of 110.46 feet to an iron
33-16 pipe found;
33-17 13) S3528'15"E, at a distance of 310.95 feet pass an iron
33-18 pipe found on the east side of Slaughter Creek, for a total
33-19 distance of 323.72 feet to an iron rod found at a fence corner
33-20 post, for the most southerly corner of that certain 19.81 acre
33-21 tract of land conveyed to James W. Akins by a deed recorded in
33-22 Volume 4677, Page 1386 of the said Deed Records and a point in the
33-23 west line of the said 214.8756 acre tract;
33-24 THENCE, N2804'16"E, leaving the north line of the 285.4585
33-25 acre tract, along the common line between the 19.81 acre tract and
33-26 the 214.8756 acre tract, for a distance of 551.99 feet to a 1/2"
33-27 iron rod found;
34-1 THENCE, N2918'16"E, with the said common line between the
34-2 said 221.4613 acre tract and the 19.81 acre tract, 504.48 feet to a
34-3 1/2" iron rod found;
34-4 THENCE, N2951'30"E, with the said westerly line of the
34-5 221.4613 acre tract, at 538.05 feet pass a concrete monument found
34-6 in the southerly right-of-way line of Slaughter Lane (120.00 foot
34-7 right-of-way), at 695.41 feet pass a point in the northerly
34-8 right-of-way line of the aforesaid Slaughter Lane (11.7446 acres),
34-9 for a total distance of 843.60 feet to a 1/2" iron rod found for
34-10 the northwest corner of the abovesaid 214.8756 acre tract, being
34-11 the southwest corner of that certain tract conveyed to Clara Brooks
34-12 Chastain by deed recorded in Volume 6887, Page 178 and a point in
34-13 the easterly line of the remainder of that 531.07 acre tract
34-14 conveyed to Maple Run Joint Venture by deed recorded in Volume
34-15 7979, Page 932 both of the Deed Records of Travis County, Texas;
34-16 THENCE, S5957'00"E, leaving the easterly line of the said
34-17 531.07 acre tract, along the northerly line of the 214.8756 acre
34-18 tract, 638.74 feet to a 3/4" iron pipe found for the southeast
34-19 corner of the said Clara Brooks Chastain Tract, being the southwest
34-20 corner of that 199.65 acre tract conveyed to J.D. Carrol et. al. by
34-21 deed recorded in Volume 2522, Page 442 of the said Deed Records;
34-22 THENCE, with the common line between the said 214.8756 acre
34-23 tract and the 199.65 acre tract for the following four (4) courses:
34-24 1) S5953'05"E, 941.26 feet to a 3/4" iron pipe found;
34-25 2) S5944'07"E, 887.29 feet to a 3/4" iron pipe found;
34-26 3) S5925'09"E, 385.48 feet to a 3/4" iron pipe found;
34-27 4) S5938'47"E, 520.87 feet to a 1/2" iron rod found for the
35-1 most northerly northeast corner of the said 214.8756 acre tract,
35-2 being the northwest corner of that 5.1589 acre tract conveyed to
35-3 Gary L. Bradley, Trustee by deed recorded in Volume 8882, Page 748
35-4 of the said Deed Records;
35-5 THENCE, leaving the southerly line of the said 199.65 acre
35-6 tract, with the common line between the 214.8756 acre tract and the
35-7 5.1589 acre tract for the following two (2) courses:
35-8 1) S3030'08"W, 498.76 feet to a 1/2" iron rod found;
35-9 2) S5929'52"E, 450.00 feet to a 1/2" iron rod found for the
35-10 most easterly northeast corner of the 214.8756 acre tract, being
35-11 the southeast corner of the 5.1589 acre tract and a point in the
35-12 westerly right-of-way line of Brodie Lane (right-of-way varies);
35-13 THENCE, S3030'08"W, leaving the southerly line of the said
35-14 5.1589 acre tract, with the easterly line of the 214.8756 acre
35-15 tract, being the westerly right-of-way line of Brodie Lane, at
35-16 1,161.13 feet pass a point in the aforesaid northerly right-of-way
35-17 line of Slaughter Lane, at 1,311.13 feet pass a point in the
35-18 aforesaid southerly right-of-way line of Slaughter Lane, for a
35-19 total distance of 2,087.89 feet to a 1/2" iron rod found for the
35-20 southeast corner of the abovesaid 214.8756 acre tract, being a
35-21 point in the northerly line of that 400 acre tract conveyed to
35-22 George Barker by deed recorded in Volume 409, Page 158 of the said
35-23 Deed Records;
35-24 THENCE, with the common line between the said 214.8756 acre
35-25 tract and the 400 acre tract for the following eight (8) courses:
35-26 1) N5923'14"W, 357.99 feet to a 3/4" iron pipe found;
35-27 2) N5939'36"W, 234.36 feet to a 3/4" iron pipe found;
36-1 3) N6026'39"W, 371.13 feet to a 3/4" iron pipe found;
36-2 4) N6019'49"W, 607.54 feet to a 3/4" iron pipe found;
36-3 5) N6015'08"W, at 301.82 feet pass a concrete monument
36-4 found, at 371.82 feet pass a concrete monument found, for a total
36-5 distance of 968.19 feet to a 60d nail found in a fence post;
36-6 6) N6045'22"W, continuing with the southerly line of the
36-7 said 214.8756 acre tract, 9.27 feet to a 60d nail found in a fence
36-8 post;
36-9 7) N5935'12"W, continuing along the said southerly line of
36-10 the 214.8756 acre tract, 815.61 feet to a 3/4" iron pipe found;
36-11 8) N5925'45"W, for a distance of 410.57 feet to a concrete
36-12 monument found for the southwest corner of the said 214.8756 acre
36-13 tract, being a point in the easterly line of the said 285.4585 acre
36-14 tract and the northwest corner of the said 400 acre tract;
36-15 THENCE, S3014'54"W, leaving the southerly line of the said
36-16 214.8756 acre tract, with the westerly line of the 400 acre tract,
36-17 at 1,600.00 feet pass a 5/8" iron rod found for the most southerly
36-18 southeast corner of the 285.4585 acre tract, being a northeast
36-19 corner of the said 2807.1345 acre tract, for a total distance of
36-20 3,756.93 feet to a 60d nail found in a fence corner post for the
36-21 most southerly southeast corner of the said 2807.1345 acre tract,
36-22 being the northeast corner of that 2.72 acre tract conveyed to Ray
36-23 McGee by deed recorded in Volume 4647, Page 31 of the said Deed
36-24 Records;
36-25 THENCE, N6309'43"W, leaving the westerly line of the said
36-26 400 acre tract, with the southerly line of the 2807.1345 acre
36-27 tract, 231.13 feet to a 1/2" iron rod found for the northwest
37-1 corner of the said 2.72 acre tract, being the northeast corner of
37-2 that 6.7580 acre tract conveyed to Gary L. Bradley, Trustee by deed
37-3 recorded in Volume 10577, Page 414 of the Deed Records of Travis
37-4 County, Texas;
37-5 THENCE, N6226'14"W, at 425.00 feet pass a 1/2" iron rod
37-6 found for the northwest corner of the said 6.7580 acre tract, being
37-7 the northeast corner of that 1.0000 acre tract conveyed to Gary L.
37-8 Bradley, Trustee by deed recorded in Volume 10577, Page 402 of the
37-9 said Deed Records, at 575.00 feet pass a 1/2" iron rod found for
37-10 the northwest corner of the abovesaid 1.0000 acre tract, being the
37-11 northeast corner of that 1.0000 acre tract conveyed to Gary L.
37-12 Bradley, Trustee by deed recorded in Volume 10577, Page 406 of the
37-13 said Deed Records, at 725.00 feet pass a 1/2" iron rod found for
37-14 the northwest corner of the abovesaid 1.0000 acre tract, being the
37-15 northeast corner of that 1.0000 acre tract conveyed to Brian Lee
37-16 Williamson by deed recorded in Volume 8901, Page 11 of the said
37-17 Deed Records, at 875.00 feet pass a 1/2" iron rod found for the
37-18 northwest corner of the abovesaid 1.0000 acre Williamson Tract,
37-19 being the northeast corner of that 1.0000 acre tract conveyed to
37-20 Gary L. Bradley, Trustee by deed recorded in Volume 10577, Page 410
37-21 of the said Deed Records, at 1025.00 feet pass a 1/2" iron rod
37-22 found for the northwest corner of the abovesaid 1.0000 acre tract,
37-23 being a northerly northeast corner of that abovesaid 1.0000 acre
37-24 tract, being a northerly northeast corner of the said 412.3003 acre
37-25 tract, for a total distance of 1,952.31 feet to a 1/2" iron rod
37-26 found;
37-27 THENCE, with the common line between the said 2,807.1345 acre
38-1 tract and the 412.3003 acre tract for the following three (3)
38-2 courses:
38-3 1) N1354'38"E, 342.33 feet to a 1/2" iron rod found;
38-4 2) S8937'52"W, 501.38 feet to a 1/2" iron rod found;
38-5 3) S6347'26"W, 414.17 feet to a 1/2" iron rod found for the
38-6 northeast corner of a 5.000 acre tract conveyed to Polly Blanton
38-7 Brooks by a deed recorded in Volume 9807, Page 643 of the above
38-8 said Deed Records;
38-9 THENCE, through the 2,807.1345 acre tract, with the north,
38-10 west, and southerly lines of the 5.000 acre tract, the following
38-11 six (6) courses:
38-12 1) N6538'09"W, 415.32 feet to an iron rod found;
38-13 2) S5812'55"W, 207.33 feet to an iron rod found;
38-14 3) S0241'17"E, 301.21 feet to an iron rod found;
38-15 4) N8037'15"E, 92.49 feet to an iron rod found;
38-16 5) S7524'34"E, 416.79 feet to an iron rod found;
38-17 6) S8458'12"E, 142.05 feet to an iron rod found in the
38-18 abovesaid common line between the 2,807.1345 acre tract and the
38-19 412.3003 acre tract;
38-20 THENCE, S1539'52"E, along the said common line, 171.37 feet
38-21 to a 1/2" iron rod found;
38-22 THENCE, continuing with the above said common line,
38-23 S8718'43"W, 2,089.53 feet to a 1/2" iron rod found for the
38-24 northeast corner of the said 85.033 acre tract;
38-25 THENCE, across the said 412.3003 acre tract, with the
38-26 southeasterly line of the said 85.033 acre tract (State Highway
38-27 Loop 1), the following three (3) courses:
39-1 1) S5354'42"W, 276.49 feet to an iron rod found;
39-2 2) S3134'11"W, 1,886.12 feet to an iron rod found for the
39-3 point of curvature of a curve to the left;
39-4 3) With the said curve to the left, having a radius of
39-5 1,000.00 feet, a central angle of 2254'44", a chord distance of
39-6 397.23 feet (chord bears S2006'49"W), for an arc distance of
39-7 399.89 feet to an iron rod found for the intersection of the said
39-8 northerly right-of-way line of State Highway 45 with the
39-9 aforementioned common line between the 412.3003 acre tract and the
39-10 99.56 acre, R. Alan Haywood, Trustee, tract; the found iron rod
39-11 being also the northeast corner of the said 13.845 acre tract;
39-12 THENCE, S8945'07"E, with the north line of the said 99.560
39-13 acre tract, along the south line of the said 412.3003 acre tract,
39-14 1,943.93 feet to an iron rod found;
39-15 THENCE, S8941'17"E, leaving the said south line of the
39-16 remainder of the 412.3003 acre tract, along the north line of the
39-17 99.560 acre tract, for a distance of 436.73 feet to an iron rod
39-18 found for the northeast corner of the 99.560 acre tract, being a
39-19 northwest corner of that 118.757 acre tract conveyed by deed to
39-20 Alain P. Reveilhac, Trustee by deed recorded in Volume 8993, Page
39-21 867 of the said Deed Records;
39-22 THENCE, S0047'45"W, along the common line between the said
39-23 99.560 acre tract and the 118.757 acre tract, 932.88 feet to an
39-24 iron rod found for the southeast corner of the aforesaid 99.560
39-25 acre tract, being a northeast corner of the remainder of that
39-26 723.85 acre tract conveyed to Jack Andrewartha by deed recorded in
39-27 Volume 4413, page 388 of the said Deed Records;
40-1 THENCE, N8944'18"W, leaving the west line of the said 118.57
40-2 acre tract, along the common line between the 99.560 acre tract and
40-3 the remainder of the 723.85 acre tract, at 2,115.36 feet pass an
40-4 iron rod found for the southeast corner of the said 13.845 acre
40-5 tract, at 2,615.10 feet pass an iron rod found for the southeast
40-6 corner of the said 13.845 acre tract, for a total distance of
40-7 4,644.68 feet to an iron rod found for the southwest corner of the
40-8 aforesaid 99.560 acre tract, being a point in the east line of that
40-9 283 acre tract conveyed to Ira Jon Yates by deed recorded in Volume
40-10 7716, Page 845 of the said Deed Records;
40-11 THENCE, N0030'28"E, leaving the said north line of the
40-12 remainder of the 723.85 acre tract, along the common line between
40-13 the 99.560 acre tract and the 283 acre tract, for a distance of
40-14 932.24 feet to a 60d nail found in a fence corner post for the
40-15 northwest corner of the said 99.560 acre tract, being the northeast
40-16 corner of the aforesaid 283 acre tract and being in the southerly
40-17 line of the said 412.003 acre tract;
40-18 THENCE, S8945'07"E, leaving the east line of the said 283
40-19 acre tract, along the south line of the remainder of the 412.3003
40-20 acre tract, being the north line of the 99.560 acre tract, 1,329.07
40-21 feet to an iron rod found on a curve to the left for the northwest
40-22 corner of that 13.845 acre tract, being also the southwest corner
40-23 of that 85.033 acre tract conveyed to Mopac South Transportation
40-24 Corporation;
40-25 THENCE, leaving the north line of the said 99.560 acre tract,
40-26 across the said 412.3003 acre tract, along the southwest line of
40-27 the 85.033 acre tract, for the following three (3) courses:
41-1 1) with the said curve to the left, having a radius of
41-2 7,439.30 feet, a central angle of 0052'47", a chord distance of
41-3 114.22 feet (chord bears N4125'15"W), for an arc distance of
41-4 114.23 feet to an iron rod found for the point of tangency;
41-5 2) N4151'38"W, 2,184.35 feet to an iron rod found for the
41-6 point of curvature of a curve to the left;
41-7 3) with the said curve to the left, having a radius of
41-8 6,649.76 feet, a central angle of 0747'53", a chord distance of
41-9 904.34 feet (chord bears N4545'35"W), for an arc distance of
41-10 905.04 feet to an iron rod found for the intersection of the said
41-11 southwest line of the 85.033 acre tract (State Highway 45) with the
41-12 northerly line of the said 412.3003 acre tract, and the southerly
41-13 line of the 2,807.1345 acre tract;
41-14 THENCE, S8250'26"W, with the common line between the
41-15 2,807.1345 acre tract and the 412.3003 acre tract, 2,560.06 feet to
41-16 a 1/2" iron rod found in the west line of the said Samuel Hamilton
41-17 Survey No. 16, being the east line of the Thomas Brite Survey No.
41-18 65, for an ell corner of the said 2,807.1345 acre tract, being the
41-19 northwest corner of that 412.3003 acre tract mentioned above;
41-20 THENCE, S3031'27"W, along the west line of the Samuel
41-21 Hamilton Survey No. 16 and the east line of the Thomas Brite Survey
41-22 No. 65, for a distance of 561.26 feet to an iron rod found for a
41-23 southerly corner of the said, 2,807.1345 acre tract; being a point
41-24 in the north line of the said 283 acre tract;
41-25 THENCE, S8344'05"W, with the common line between the
41-26 2,807.1345 acre tract and the 283 acre tract, 58.21 feet to an iron
41-27 rod found;
42-1 THENCE, N8950'37"W, with the said common line, 502.68 feet
42-2 to an iron rod found for the northwest corner of the aforesaid 283
42-3 acre tract, and the northeast corner of the aforesaid 126.73 acre
42-4 tract conveyed to Mrs. R. P. Spillar;
42-5 THENCE, leaving the south line of the 2,807.1345 acre tract,
42-6 along the east line of said 126.73 acre Spillar Tract, as found
42-7 fenced and used upon the ground, for the following three (3)
42-8 courses:
42-9 1) S0033'17"W, for a distance of 952.64 feet to an iron pin
42-10 set;
42-11 2) S0032'17"W, for a distance of 255.23 feet to an iron pin
42-12 set;
42-13 3) S0035'17"W, for a distance of 528.60 feet to an iron pin
42-14 set at or near the Southeast corner of the said 126.73 acre Spillar
42-15 Tract, being at or near the Northeast corner of the said 1248.93
42-16 acre Spillar Tract;
42-17 THENCE, along the east line of the said 1248.93 acre Spillar
42-18 Tract, as found fenced and used upon the ground, for the following
42-19 four (4) courses:
42-20 1) S0852'43"E, for a distance of 291.92 feet to an iron pin
42-21 set;
42-22 2) S0854'43"E, for a distance of 445.72 feet to an 60-d
42-23 nail set;
42-24 3) S0004'17"W, for a distance of 1130.96 feet to an iron
42-25 pin set;
42-26 4) S0002'43"E, for a distance of 382.21 feet to a
42-27 calculated point on the approximate County Line between Travis and
43-1 Hays Counties;
43-2 THENCE, N4903'40"W, across the said 1,248.93 acre tract and
43-3 the 126.73 acre tract, along the common line between Travis and
43-4 Hays Counties, 3,986.48 feet to a calculated point in the westerly
43-5 line of the aforesaid 126.73 acre tract;
43-6 THENCE, along the West line of the said 126.73 acre Spillar
43-7 Tract, as found fenced and used upon the ground, for the following
43-8 seven (7) courses:
43-9 1) N0000'17"E, for a distance of 210.21 feet to an iron pin
43-10 set;
43-11 2) N0000'43"W, for a distance of 332.68 feet to an iron pin
43-12 set;
43-13 3) N0005'43"W, for a distance of 102.55 feet to an iron pin
43-14 set;
43-15 4) N8659'43"W, for a distance of 332.58 feet to an iron pin
43-16 set;
43-17 5) N8659'43"W, for a distance of 306.15 feet to an iron pin
43-18 found;
43-19 6) N2917'17"E, for a distance of 565.14 feet to a 60-d nail
43-20 found;
43-21 7) N2402'14"E, for a distance of 22.01 feet to a 60-d nail
43-22 found in a fence post;
43-23 THENCE, S6916'54"W leaving the westerly line of the said
43-24 126.73 acre tract, in a southwesterly direction with the southerly
43-25 fenced line of the 2,807.1345 acre tract, 760.45 feet to an iron
43-26 rod found for the Travis and Hays County Lines;
43-27 THENCE, N4903'54"W, leaving the southerly line of and
44-1 crossing the said line of the 2,807.1345 acre tract, along the
44-2 common line between Travis and Hays Counties, 3,364.02 feet to a
44-3 concrete monument found for county marker Mile Post No. 19;
44-4 THENCE, N4903'02"W, continuing across the said 2,807.1345
44-5 acre tract, along the said line between Travis and Hays Counties,
44-6 347.05 feet to a concrete monument found in the easterly
44-7 right-of-way line of aforesaid State Highway FM 1826;
44-8 THENCE, with the west line of the 2,807.1345 acre tract and
44-9 the east right-of-way line of State Highway FM 1826, the following
44-10 twelve (12) courses:
44-11 1) N0001'09"E, 1,166.34 feet to a concrete monument found;
44-12 2) N0017'55"E, for a distance of 388.69 feet to a concrete
44-13 monument found at the point of curvature of a curve to the right;
44-14 3) with the said curve to the right having a central angle
44-15 of 3047'38", a radius of 1,402.42 feet, a chord distance of 744.70
44-16 feet (chord bears N1541'45"E), for an arc distance of 753.74 feet
44-17 to the point of tangency;
44-18 4) N3105'55"E, for a distance of 1,682.33 feet to a
44-19 concrete monument found at the point of curvature of a transition
44-20 curve to the right;
44-21 5) with the said transition curve to the right having a
44-22 central angle of 0649'48", a beginning radius of 2,834.50 feet, an
44-23 ending radius of 2,829.50 feet, a chord distance of 337.10 feet
44-24 (chord bears N3609'37"E) for an arc distance of 337.30 feet to a
44-25 concrete monument found at the point of tangency;
44-26 6) N3756'03"E, a distance of 443.20 feet to an iron pipe
44-27 found;
45-1 7) N3757'53"E, for a distance of 239.19 feet to a concrete
45-2 monument found at the point of curvature of a curve to the left;
45-3 8) with the said curve to the left having a central angle of
45-4 0726'32", a radius of 1,950.03 feet, a chord distance of 253.12
45-5 feet (chord bears N3405'33"E) for an arc distance of 253.29 feet
45-6 to a concrete monument found at the point of tangency;
45-7 9) N3029'37"E, for a distance of 1,017.58 feet to an iron
45-8 rod found;
45-9 10) N3028'37"E, for a distance of 2,099.60 feet to a
45-10 concrete right-of-way monument found at the point of curvature of a
45-11 curve to the right;
45-12 11) with the said curve to the right, having a central angle
45-13 of 4648'09", a radius of 1,105.91 feet, a chord distance of 878.46
45-14 feet (chord bears N5353'50"E) for an arc distance of 903.37 feet
45-15 to a concrete right-of-way monument found at the point of tangency;
45-16 12) N7719'10"E, for a distance of 189.23 feet to an iron
45-17 pipe found, being the most westerly northwest corner of the above
45-18 said 2,807.1345 acre tract, in the abandoned south right-of-way
45-19 line of Old Austin-Driftwood Road;
45-20 THENCE, leaving the said east right-of-way line of State
45-21 Highway FM 1826 with the fenced north line of the 2,807.1345 acre
45-22 tract, the following nine (9) courses and distances:
45-23 1) S6842'40"E, 378.51 feet to an iron pipe found;
45-24 2) S6341'44"E, 178.82 feet to an iron pipe found;
45-25 3) S2728'23"W, at 347.23 feet pass an iron pipe found 0.07
45-26 feet to the west, for a total distance of 800.09 feet to an iron
45-27 pipe found;
46-1 4) S2421'16"E, 538.49 feet to an iron pipe found;
46-2 5) S0552'50"E, 991.70 feet to an iron pipe found;
46-3 6) S5839'56"E, 1,085.30 feet to an iron pipe found;
46-4 7) N8847'49"E, 563.42 feet to an iron pipe found;
46-5 8) N6424'19"E, 951.91 feet to an iron rod found;
46-6 9) N3241'40"E, 470.77 feet to an iron pipe found;
46-7 THENCE, N3236'10"E, continuing along the north line of the
46-8 2,807.1345 acre tract, 412.97 feet to an iron pipe found in the
46-9 south line of a 217.38 acre tract conveyed to 1826 Associates by
46-10 deed recorded in Volume 3635, Page 634 of the said Deed Records;
46-11 THENCE, S6024'36"E, with the apparent common line between
46-12 the 2,807.1345 acre tract and the 217.38 acre tract, for a distance
46-13 of 349.01 feet to an iron pipe found;
46-14 THENCE, S5358'38"E, continuing with the said common line,
46-15 for a distance of 533.96 feet to an iron pipe found for a northeast
46-16 corner of the 2,807.1345 acre tract and a point in the west line of
46-17 a 100.2215 acre tract conveyed to Carlene Hielscher Klaus by deed
46-18 recorded in Volume 9724, Page 329; said pipe also being the end of
46-19 a boundary line, set by Boundary Line Agreement in Volume 3922,
46-20 Page 1668, both of the Deed Records of Travis County, Texas;
46-21 THENCE, leaving the northerly line of the 2,807.1345 acre
46-22 tract, along the common fenced line between the said 100.2215 acre
46-23 Carlene H. Klaus Tract and the 217.38 acre tract, the following
46-24 four (4) courses:
46-25 1) N2916'04"E, 374.23 feet to an iron rod found;
46-26 2) N3313'41"E, 507.32 feet to an iron rod found;
46-27 3) N2953'38"E, 440.11 feet to an iron rod found;
47-1 4) N3023'23"E, 98.78 feet to an iron rod found for the
47-2 northwest corner of the said 100.2215 acre Klaus Tract, being the
47-3 southwest corner of that 320 acre tract conveyed to Richard
47-4 Hielscher by deed recorded in Volume 1212, Page 526 of the said
47-5 Deed Records;
47-6 THENCE, S5927'22"E, leaving the easterly line of the said
47-7 217.38 acre tract, 737.66 feet to an iron rod found in the
47-8 northerly line of the said 100.2215 acre Carlene H. Klaus Tract;
47-9 THENCE, S5925'12"E, continuing with the northerly line of
47-10 the said 100.2215 acre Klaus Tract, a distance of 252.58 feet to an
47-11 iron rod found for the northeast corner of the aforesaid 100.2215
47-12 acre Carlene H. Klaus Tract, being the northwest corner of the
47-13 aforesaid 100.2215 acre Ursula H. Kutra Tract;
47-14 THENCE, S5925'12"E, with the northerly line of the said
47-15 100.2215 acre Ursula H. Kutra Tract, 512.23 feet to an iron rod
47-16 found;
47-17 THENCE, S5914'29"E, continuing along the northerly line of
47-18 the said 100.2215 acre Ursula H. Kutra Tract, 512.87 feet to an
47-19 iron rod found for the northeast corner of the aforesaid 100.2215
47-20 acre tract, being the northwest corner of the said 100.2215 acre
47-21 Amelia H. Mettke Tract;
47-22 THENCE, S5914'29"E, with the northerly line of the said
47-23 100.2215 acre Amelia H. Mettke Tract, 1,013.17 feet to an iron pipe
47-24 found for the northeast corner of the aforesaid 100.2215 acre
47-25 Amelia H. Mettke Tract, being a point in a westerly line of the
47-26 said 2,807.1345 acre tract, and the southwest corner of the said
47-27 320 acre tract;
48-1 THENCE, N3005'58"E, with the easterly line of the said 320
48-2 acre tract and the west line of the before mentioned 2,807.1345
48-3 acre tract, at 250.00 feet pass a 1/2" iron rod found for the
48-4 southwest corner of the said 79.9863 acre tract, for a total
48-5 distance of 1,357.97 feet to a 60d nail found in a fence corner
48-6 post;
48-7 THENCE, N3049'14"E, with the common line between the said
48-8 79.9863 acre tract and the 320 acre tract, 804.39 feet to a 60d
48-9 nail found in a fence post;
48-10 THENCE, N2750'15"E, continuing with the common line between
48-11 the said 79.9863 acre tract and the 320 acre tract, 125.08 feet to
48-12 a steel fence post found;
48-13 THENCE, N3031'15"E, 204.35 feet to a 5/8" iron rod found;
48-14 THENCE, N2957'23"E, continuing with the common line between
48-15 the 79.9863 acre tract and the 320 acre tract, 360.74 feet to a
48-16 5/8" iron rod found in the southeast line of the aforesaid 538.5087
48-17 acre tract;
48-18 THENCE, N2808'04"W, across the said 320 acre tract, with the
48-19 southerly line of the 538.5087 acre tract, 2,025.54 feet to a 5/8"
48-20 iron rod found on the centerline of the aforesaid existing Humble
48-21 Pipeline Company, pipeline easement;
48-22 THENCE, N7021'34"W, continuing across the said 320 acre
48-23 tract, with the centerline of the said Humble Pipeline, 1,386.97
48-24 feet to a 1/2" iron rod found for a southwest corner of the
48-25 538.5087 acre tract and a point in the easterly line of that 3.48
48-26 acre tract conveyed to Dan P. Scranton by deed recorded in Volume
48-27 4217, Page 236 of the said deed records;
49-1 THENCE, N3211'17"E, with a westerly line of the said
49-2 538.5087 acre tract, at 144.68 feet pass a 5/8" iron rod found for
49-3 the northeast corner of the 3.48 acre tract, being the southeast
49-4 corner of that 3.45 acre tract conveyed to Arnold A. Jensen by deed
49-5 recorded in Volume 7101, Page 123 of the said deed records, for a
49-6 total distance of 404.54 feet to a 5/8" iron rod found for the
49-7 northeast corner of the aforesaid 3.45 acre tract, being the
49-8 southeast corner of that 3.42 acre tract conveyed to John T.
49-9 Alexander Et Ux by deed recorded in Volume 5019, Page 1341 of the
49-10 Deed Records of Travis County, Texas;
49-11 THENCE, N3204'03"E, continuing with the said westerly line
49-12 of the 538.5087 acre tract, 259.87 feet to a 5/8" iron rod found
49-13 for the northeast corner of the said 3.42 acre tract, being the
49-14 southeast corner of that 3.23 acre tract conveyed to L. Van Sickle
49-15 by deed recorded in Volume 4822, Page 1413 of the said Deed
49-16 Records;
49-17 THENCE, N3208'30"E, 199.96 feet to a 1/2" iron pipe found
49-18 for an ell corner of the said 538.5087 acre tract, being the
49-19 northeast corner of the 3.23 acre tract;
49-20 THENCE, N5939'43"W, with the common line between the said
49-21 538.5087 acre tract and the 3.23 acre tract, 28.23 feet to a 60d
49-22 nail found in a cedar tree;
49-23 THENCE, N4040'12"W, with the northerly line of the said 3.23
49-24 acre tract, 238.75 feet to a 1/2" iron pipe found at a cattle guard
49-25 for a southwest corner of the 538.5087 acre tract;
49-26 THENCE, N6056'11"W, with the common line between the
49-27 538.5087 acre tract and the 3.23 acre tract, 7.46 feet to a 1/2"
50-1 iron pipe found;
50-2 THENCE, N7539'02"W, continuing with the said common line
50-3 between the 538.5087 acre tract and the 3.23 acre tract, 40.48 feet
50-4 to a 5/8" iron rod found;
50-5 THENCE, N5752'12"W, with the southerly line of the said
50-6 538.5087 acre tract, 807.29 feet to a 1/2" iron rod found in the
50-7 northerly line of that 3.41 acre tract conveyed to Edwin Dudley by
50-8 deed recorded in Volume 6405, Page 1177 of the said deed records;
50-9 THENCE, with the common line between the said 538.5087 acre
50-10 tract and the 3.41 acre tract for the following three (3) courses:
50-11 1) N0729'32"W, 16.38 feet to a 60d nail found in a fence
50-12 corner post at a cattle guard;
50-13 2) N6318'41"W, 6.83 feet to a 60d nail found in a fence
50-14 corner post;
50-15 3) S8133'38"W, 17.89 feet to a 1/2" iron rod found for the
50-16 northwest corner of the said 3.41 acre tract, being the most
50-17 westerly southwest corner of the 538.5087 acre tract, and a point
50-18 on the aforesaid easterly right-of-way line of State Highway F.M.
50-19 1826;
50-20 THENCE, with the common line between the 538.5087 acre tract
50-21 and the easterly right-of-way line of State Highway F.M. 1826 for
50-22 the following four (4) courses:
50-23 1) N3054'59"E, 632.18 feet to a concrete right-of-way
50-24 monument found 40.00 feet left of State Highway Centerline Station
50-25 73+30.5;
50-26 2) N2827'31"E, 393.09 feet to a concrete right-of-way
50-27 monument found for the point of curvature of a curve to the left,
51-1 40.00 feet left of State Highway Centerline Station 69+38.5;
51-2 3) with the said curve to the left having a central angle of
51-3 0630'44", a radius of 3,859.21 feet, a chord distance of 438.40
51-4 feet (chord bears N2504'58"E) for an arc distance of 438.64 feet
51-5 to a concrete right-of-way monument found for the point of
51-6 tangency, 40.00 feet left of State Highway Centerline Station
51-7 65+03;
51-8 4) N2150'08"E, 774.26 feet to the PLACE OF BEGINNING,
51-9 CONTAINING within these metes and bounds 4,661.248 acres of land
51-10 area.
51-11 SECTION 6.02. FINDINGS RELATED TO BOUNDARIES. The
51-12 legislature finds that the boundaries and field notes of the
51-13 district form a closure. A mistake in the field notes or in
51-14 copying the field notes in the legislative process does not affect
51-15 the organization, existence, or validity of the district, the right
51-16 of the district to issue bonds or refunding bonds or to pay the
51-17 principal of or interest on bonds, the right of the district to
51-18 levy and collect taxes, or the legality or operation of the
51-19 district or its board.
51-20 SECTION 6.03. FINDING OF BENEFIT. All of the land and other
51-21 property included within the boundaries of the district will be
51-22 benefitted by the works and projects that are to be accomplished by
51-23 the district under powers conferred by this Act. The district is
51-24 created to serve a public use and benefit.
51-25 SECTION 6.04. ADDITION OF TERRITORY. (a) In accordance
51-26 with this section, the district may annex additional territory in
51-27 Travis County that is:
52-1 (1) located in the Bear Creek, Slaughter Creek, or
52-2 Williamson Creek watersheds; and
52-3 (2) not located in the corporate limits of a
52-4 municipality.
52-5 (b) Proceedings for the annexation of territory by the
52-6 district may only be initiated by a petition signed by the owners
52-7 of the land proposed to be annexed. The petition must request that
52-8 the board hold a public hearing on the matters set out in the
52-9 petition.
52-10 (c) The board shall hear and consider the petition and may
52-11 annex the territory if the board determines that the land should be
52-12 annexed.
52-13 (d) The consent of a municipality or other governmental
52-14 entity or political subdivision of the state is not required for
52-15 any annexation of territory by the district.
52-16 (e) In a calendar year, the district may not annex a total
52-17 area greater than 10 percent of the area of the district territory
52-18 on January 1 of that year plus any amount carried over to that year
52-19 under this subsection, except that the district may not annex in a
52-20 calendar year a total area greater than 30 percent of the area of
52-21 the district territory as of January 1 of that year. If the
52-22 district fails to annex in a calendar year the entire 10 percent
52-23 amount permitted under this subsection, the district may carry over
52-24 the unused allocation for use in subsequent calendar years. For
52-25 the calendar year 1995, the district may not annex a total area
52-26 greater than 10 percent of the district territory on the effective
52-27 date of this Act. Notwithstanding this subsection, the district
53-1 territory may not exceed 8,000 acres.
53-2 ARTICLE 7. MISCELLANEOUS PROVISIONS
53-3 SECTION 7.01. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
53-4 (a) The proper and legal notice of the intention to introduce this
53-5 Act, setting forth the general substance of this Act, has been
53-6 published as provided by law, and the notice and a copy of this Act
53-7 have been furnished to all persons, agencies, officials, or
53-8 entities to which they are required to be furnished by the
53-9 constitution and other laws of this state, including the governor,
53-10 who has submitted the notice and the Act to the Texas Natural
53-11 Resource Conservation Commission.
53-12 (b) The Texas Natural Resource Conservation Commission has
53-13 filed its recommendations relating to this Act with the governor,
53-14 lieutenant governor, and speaker of the house of representatives
53-15 within the required time.
53-16 (c) All requirements of the constitution and laws of this
53-17 state and of the rules and procedures of the legislature with
53-18 respect to the notice, introduction, and passage of this Act are
53-19 fulfilled and accomplished.
53-20 SECTION 7.02. EXISTING COUNTIES, RIVER AUTHORITIES, AND
53-21 UNDERGROUND WATER CONSERVATION DISTRICTS. (a) Notwithstanding any
53-22 provision of this Act, this Act does not impair, limit, supersede,
53-23 or alter the powers, rights, privileges, duties, functions, or
53-24 jurisdiction of a river authority in existence on the effective
53-25 date of this Act the territory of which comprises at least three
53-26 counties and includes all or part of the district, except that such
53-27 a river authority may not impose or apply any regulatory ordinance,
54-1 rule, or regulation within the district without the agreement of
54-2 the district.
54-3 (b) Notwithstanding any provision of this Act, this Act does
54-4 not impair, limit, supersede, or alter the powers, rights,
54-5 privileges, duties, functions, or jurisdiction of an underground
54-6 water conservation district created under or governed by Chapter
54-7 52, Water Code, or a county in existence on the effective date of
54-8 this Act, the territory of which includes all or part of the
54-9 district, except that such an underground water conservation
54-10 district or county may not impose or apply without agreement of the
54-11 district any regulatory ordinance, rule, or regulation within the
54-12 district that:
54-13 (1) is inconsistent with the requirements of Sections
54-14 3.01(c)(4) and 3.07(a) of this Act; or
54-15 (2) has not been adopted and approved by the board of
54-16 directors of the underground water conservation district or
54-17 commissioners court of the county, as applicable.
54-18 SECTION 7.021. Notwithstanding any other provision of this
54-19 Act, this Act shall not limit, impair, supersede, or alter the
54-20 powers, duties, rights, privileges, functions, or jurisdiction of a
54-21 groundwater conservation district created under Section 59, Article
54-22 XVI, Texas Constitution, in existence on the effective date of this
54-23 Act that is composed in whole or in part of the territory of the
54-24 district.
54-25 SECTION 7.03. EXISTING SERVICE. A local government
54-26 providing water, wastewater, drainage, or solid waste disposal
54-27 service to an area within the district on January 1, 1995, shall
55-1 continue to provide the service to all applicants for the service
55-2 located within the local government's service area on January 1,
55-3 1995. If, on January 1, 1995, a contract exists that applies to a
55-4 local government's provision of water, wastewater, drainage, or
55-5 solid waste disposal service within the district, then the local
55-6 government's obligation to provide service is governed by the
55-7 contract during the contract's term.
55-8 SECTION 7.04. SEVERABILITY. If any portion of this Act or
55-9 the application of any portion of this Act to any person or set of
55-10 circumstances is held by a court to be unconstitutional, void,
55-11 invalid, or unenforceable, the validity of the remaining portions
55-12 of this Act or the application of the challenged portion of the Act
55-13 to other persons or sets of circumstances shall not be affected by
55-14 the court's holding. It is the intent of the legislature in
55-15 adopting this Act that no portion of the Act become inoperative or
55-16 fail by reason of the unconstitutionality or invalidity of any
55-17 other portion of the Act.
55-18 SECTION 7.05. EMERGENCY. The importance of this legislation
55-19 and the crowded condition of the calendars in both houses create an
55-20 emergency and an imperative public necessity that the
55-21 constitutional rule requiring bills to be read on three several
55-22 days in each house be suspended, and this rule is hereby suspended,
55-23 and that this Act take effect and be in force from and after its
55-24 passage, and it is so enacted.