H.B. No. 3193 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; granting the power of eminent domain. 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. The district is a 1-10 governmental agency and a body politic and corporate. 1-11 (b) The district is created under and is essential to 1-12 accomplish the purposes of Section 59, Article XVI, Texas 1-13 Constitution. 1-14 SECTION 1.02. DEFINITIONS. In this Act: 1-15 (1) "Board" means the board of directors of the 1-16 district. 1-17 (2) "Commission" means the Texas Natural Resource 1-18 Conservation Commission. 1-19 (3) "Director" means a member of the board. 1-20 (4) "Disposal system" means any system for disposing 1-21 of waste, including a sewer system, drainage system, or treatment 1-22 facility. 1-23 (5) "District" means the Southwest Travis County Water 1-24 District. 2-1 (6) "Local government" means a municipality, county, 2-2 river authority, or water district or authority acting under 2-3 Section 52, Article III, or Section 59, Article XVI, Texas 2-4 Constitution. 2-5 (7) "Person" has the meaning assigned by Section 2-6 311.005, Government Code. 2-7 (8) "Pollution" has the meaning assigned by Section 2-8 26.001, Water Code. 2-9 (9) "System" means a network of pipelines, conduits, 2-10 canals, pumping stations, force mains, and all other constructions, 2-11 devices, and related appliances used to transport water or waste. 2-12 (10) "Treatment facility" means a plant, disposal 2-13 field, lagoon, incinerator, sanitary landfill, or other facility 2-14 installed for the purpose of treating, neutralizing, or stabilizing 2-15 waste. 2-16 (11) "Waste" means waterborne liquid, gaseous, or 2-17 solid substances that result from a discharge from a treatment 2-18 facility or disposal system. 2-19 (12) "Water" means groundwater, percolating or 2-20 otherwise, and a lake, pond, impounding reservoir, spring, river, 2-21 stream, creek, canal, or any other surface water, natural or 2-22 artificial, navigable or nonnavigable, that is wholly or partially 2-23 in the district. 2-24 ARTICLE 2. ADMINISTRATIVE PROVISIONS 2-25 SECTION 2.01. BOARD. (a) The district's powers, rights, 2-26 duties, and functions are exercised by a board of directors. 2-27 (b) The board consists of nine members appointed by the 3-1 governor. 3-2 SECTION 2.02. DIRECTOR ELIGIBILITY. To be eligible for 3-3 appointment as a director, a person must be a resident of Travis 3-4 County. At least seven of the directors must reside in the 3-5 district. 3-6 SECTION 2.03. TERMS OF DIRECTORS AND APPOINTMENT PROCEDURES. 3-7 (a) Other than initial directors, directors are appointed for 3-8 staggered terms of six years with three members' terms expiring 3-9 September 1 of each odd-numbered year. 3-10 (b) Appointment of initial directors shall be made promptly 3-11 after this Act takes effect. The governor shall appoint three 3-12 initial directors to serve a term expiring September 1, 1997, three 3-13 initial directors to serve a term expiring September 1, 1999, and 3-14 three initial directors to serve a term expiring September 1, 2001. 3-15 (c) When a director's term expires, the governor shall 3-16 appoint a successor. 3-17 (d) When a director dies, resigns, or is otherwise removed, 3-18 the governor shall appoint a successor to serve for the unexpired 3-19 term. 3-20 SECTION 2.04. QUALIFICATION OF DIRECTOR. Each director must 3-21 qualify to serve as director in the manner provided by Sections 3-22 51.0721, 51.078, and 51.079, Water Code. The district shall pay 3-23 the premiums for each director's bond required under Section 3-24 51.079, Water Code. 3-25 SECTION 2.05. MEETINGS AND ACTIONS OF THE BOARD. (a) The 3-26 board shall adopt bylaws at its first meeting or as soon after the 3-27 first meeting as is practicable. 4-1 (b) The board shall meet at least four times each year, and 4-2 may meet at any other time provided in its bylaws. 4-3 (c) A majority of the directors constitutes a quorum for the 4-4 transaction of business. Except as otherwise provided in this Act, 4-5 the vote of a majority of directors present at a meeting at which a 4-6 quorum is present is required for board action. 4-7 SECTION 2.06. ORGANIZATION OF BOARD. (a) The board shall 4-8 elect from its members a chair, vice chair, secretary, and other 4-9 officers as necessary. A person elected to a board office serves 4-10 in that capacity for a period of two years or until the person 4-11 ceases to be a director, whichever occurs first. An officer's 4-12 period of service begins at a time provided by the bylaws. 4-13 (b) If a vacancy occurs in a board office, the directors 4-14 shall elect a person to fill the unexpired period of service at the 4-15 next board meeting. 4-16 (c) The board by its bylaws shall prescribe: 4-17 (1) the powers and duties of each board office; and 4-18 (2) procedures to remove a director from a board 4-19 office. 4-20 SECTION 2.07. INTEREST IN CONTRACT. A director who is 4-21 financially interested in a contract proposed to be executed by the 4-22 district for the purchase of property or services or the 4-23 construction of facilities shall disclose the interest to the board 4-24 and may not vote on acceptance of the contract. 4-25 SECTION 2.08. DIRECTOR'S COMPENSATION. (a) Subject to 4-26 Subsection (b), a director is entitled to receive an allowance of 4-27 $50 a day and reimbursement for actual and necessary expenses 5-1 incurred: 5-2 (1) for each day the director attends a meeting of the 5-3 board; and 5-4 (2) for each day the board authorizes the director to 5-5 attend to district business. 5-6 (b) A director may not receive a per diem allowance for more 5-7 than 20 days in a calendar year. 5-8 SECTION 2.09. GENERAL MANAGER. (a) The board shall employ 5-9 a general manager for a term and salary set by the board. 5-10 (b) The general manager is the chief executive officer of 5-11 the district. In accordance with policies adopted by the board, 5-12 the general manager is responsible for: 5-13 (1) administering the board's directives; 5-14 (2) keeping the district's records, including minutes 5-15 of board meetings; 5-16 (3) coordinating with state, federal, and local 5-17 agencies; 5-18 (4) developing plans and programs for the board's 5-19 approval; 5-20 (5) hiring, supervising, training, and discharging the 5-21 district's employees; 5-22 (6) obtaining technical, scientific, legal, fiscal, 5-23 and other professional services; and 5-24 (7) performing any other duties the board assigns. 5-25 (c) The board may discharge the general manager. 5-26 SECTION 2.10. EMPLOYEES BONDS. (a) The general manager and 5-27 each employee of the district who is charged with the collection, 6-1 custody, or payment of any money of the district shall execute a 6-2 fidelity bond in an amount determined by the board and in a form 6-3 and with a surety approved by the board. 6-4 (b) The district shall pay the premiums on the employees' 6-5 bonds under this section. 6-6 SECTION 2.11. PRINCIPAL OFFICE. The district shall maintain 6-7 its principal office inside the district. 6-8 SECTION 2.12. RECORDS. (a) The district shall keep: 6-9 (1) complete and accurate accounts of its business 6-10 transactions in accordance with generally accepted methods of 6-11 accounting; 6-12 (2) complete and accurate minutes of its meetings; and 6-13 (3) its accounts, contracts, documents, minutes, and 6-14 other records at its principal office. 6-15 (b) The district shall permit reasonable public inspection 6-16 of its records during regular business hours. 6-17 SECTION 2.13. SEAL. The district shall adopt a seal and may 6-18 change the seal from time to time. 6-19 SECTION 2.14. SUIT. The district may sue and be sued in its 6-20 corporate name. 6-21 ARTICLE 3. POWERS AND DUTIES 6-22 SECTION 3.01. GENERAL POWERS AND DUTIES. (a) The district 6-23 shall: 6-24 (1) administer and enforce the terms of this Act; 6-25 (2) use its facilities and powers to accomplish the 6-26 purposes of this Act; 6-27 (3) coordinate the provision of water, wastewater, and 7-1 drainage services in the district; and 7-2 (4) control and abate water pollution in the district. 7-3 (b) Except as otherwise provided in this Act, the creation 7-4 of a local government or political subdivision in the district is 7-5 prohibited unless approved by board resolution. Annexation of 7-6 district territory by a local government or political subdivision 7-7 is prohibited unless approved by all owners of land to be annexed 7-8 and by board resolution. All area within the district is removed 7-9 and excluded from the extraterritorial jurisdiction of any local 7-10 government or other political subdivision in the state. 7-11 (c) Subject only to the authority of the commission and of a 7-12 groundwater conservation district in existence on the effective 7-13 date of this Act that is composed in whole or in part of the 7-14 territory of the district, the district has exclusive authority in 7-15 the district, superseding the authority of any local government, 7-16 except a groundwater conservation district in existence on the 7-17 effective date of this Act, to: 7-18 (1) regulate septic tanks; 7-19 (2) prohibit the pollution of and enforce rules 7-20 regarding any stream, drain, or tributary that may constitute a 7-21 source of water supply; 7-22 (3) adopt and enforce rules protecting a watershed; 7-23 (4) provide for the protection and management of an 7-24 endangered species located within the district or affected by 7-25 activities in the district; 7-26 (5) regulate the subdivision of land; 7-27 (6) regulate all zoning and land use; 8-1 (7) regulate resource extraction activities; and 8-2 (8) regulate the use and development of public 8-3 parkland. 8-4 (d) Subject only to the authority of the commission and of a 8-5 groundwater conservation district in existence on the effective 8-6 date of this Act that is composed in whole or in part of the 8-7 territory of the district, the district has exclusive authority, 8-8 superseding the authority of any local government, except a 8-9 groundwater conservation district in existence on the effective 8-10 date of this Act, to: 8-11 (1) coordinate the provision of water, wastewater, or 8-12 drainage services within, to, or from the district; and 8-13 (2) control or abate water pollution within or caused 8-14 within the district. 8-15 (e) Except as expressly limited by this Act, the district 8-16 has all powers, rights, and privileges necessary and convenient for 8-17 accomplishing the purposes of this Act that are conferred by 8-18 general law upon any conservation and reclamation district created 8-19 pursuant to Section 59, Article XVI, Texas Constitution. 8-20 (f) The powers granted to the district in this Act are 8-21 cumulative of all powers granted by other law. 8-22 SECTION 3.02. DISTRICT RULES. (a) The district shall adopt 8-23 and enforce rules reasonably required to implement this Act, 8-24 including rules governing procedure and practice before the board. 8-25 (b) The district shall print its rules and furnish copies of 8-26 the rules to any person on written request. 8-27 SECTION 3.03. INSPECTIONS AND INVESTIGATIONS. The district 9-1 may enter public or private property in the district's territory 9-2 for the purpose of inspecting and investigating conditions relating 9-3 to its authorized purposes under the same provisions and 9-4 restrictions applicable to the commission. 9-5 SECTION 3.04. HEARING AND ORDER. (a) The board may: 9-6 (1) hold hearings, receive evidence from any party in 9-7 interest who appears before the board, compel the attendance of 9-8 witnesses, and make findings of fact and determinations with 9-9 respect to administering this Act or any order or rule of the 9-10 district; and 9-11 (2) delegate to one or more of its members or 9-12 employees the authority to take testimony and administer oaths in 9-13 any hearing held or authorized to be held by the district. 9-14 (b) An order of the board must be: 9-15 (1) in the district's name; and 9-16 (2) attested by proper members of the board under the 9-17 district's rules. 9-18 SECTION 3.05. CIVIL PENALTY; INJUNCTION. (a) A person who 9-19 violates a rule, permit, or order of the district is subject to a 9-20 civil penalty of not less than $50 and not more than $1,000 for 9-21 each violation or each day of a continuing violation. 9-22 (b) The district may sue to recover the penalty in a 9-23 district court in the county where the violation occurred. The 9-24 penalty shall be paid to the district. 9-25 (c) The district may sue for injunctive relief in a district 9-26 court in the county where a violation of its rule, permit, or order 9-27 occurs or is threatened to occur. The court may grant to the 10-1 district, without bond or other undertaking, a prohibitory or 10-2 mandatory injunction that the facts warrant, including a temporary 10-3 restraining order, temporary injunction, or permanent injunction. 10-4 (d) The district may sue for injunctive relief and a civil 10-5 penalty in the same proceeding. 10-6 (e) The commission is a necessary party to a suit brought 10-7 under this section. 10-8 SECTION 3.06. COURT REVIEW. (a) A person who is adversely 10-9 affected by a rule, act, or order of the district may sue the 10-10 district in district court to set aside the rule, act, or order. 10-11 (b) The suit must be filed not later than the 60th day after 10-12 the date on which the rule, act, or order takes effect. 10-13 (c) If a person challenges in court the validity of all or 10-14 any portion of this Act and does not prevail in the challenge, the 10-15 court shall order the person to pay the reasonable attorney's fees, 10-16 expert witness fees, and other costs incurred by all opposing 10-17 parties in defending this Act. 10-18 SECTION 3.07. WATER QUALITY STANDARDS AND CRITERIA. (a) 10-19 The board shall prescribe a water pollution control and abatement 10-20 program for the district after public hearing. The program must: 10-21 (1) apply equally and uniformly throughout the 10-22 district; and 10-23 (2) be designed to achieve state water quality 10-24 standards adopted by the commission. 10-25 (b) The district shall submit the program to the commission 10-26 for review and approval. The commission by rule may provide 10-27 criteria for the review and approval of the program, based on 11-1 achieving state water quality standards adopted by the commission. 11-2 (c) If the commission finds that the proposed program will 11-3 not achieve state water quality standards, it shall notify the 11-4 district in writing of the specific objections not later than the 11-5 30th day after receipt of the proposed program. The district may 11-6 amend the proposed program in response to the commission's 11-7 objections. If the district amends the proposed program in 11-8 response to the commission's objections, the commission shall 11-9 promptly notify the district in writing whether the commission 11-10 approves the proposal as amended. 11-11 (d) If the commission does not notify the district that it 11-12 objects to the proposed program as required by Subsection (c), the 11-13 program shall become operative on the 31st day after the commission 11-14 receives the proposed program. If the commission notifies the 11-15 district as required by Subsection (c) that it finds the proposed 11-16 program will not achieve state water quality standards, the program 11-17 may not become operative until the date on which the commission 11-18 approves the program. 11-19 (e) The commission shall adopt and assess fees adequate to 11-20 recover the costs of the commission in administering this section. 11-21 SECTION 3.08. WATER, WASTEWATER, OR DRAINAGE CONTROL PLANS. 11-22 (a) The district shall, as needed, develop, prepare, and revise 11-23 comprehensive water, wastewater, or drainage control plans for 11-24 various areas of the district. The plans must be consistent with 11-25 state water quality standards adopted by the commission. 11-26 (b) This Act does not authorize the district to: 11-27 (1) develop, own, or operate a surface water dam or 12-1 reservoir for potable water supply purposes; or 12-2 (2) limit or supersede an existing water management 12-3 plan, water right, or water supply or wastewater treatment facility 12-4 of a river authority in existence on the effective date of this Act 12-5 the territory of which comprises at least three counties and 12-6 includes all or part of the district territory. 12-7 (c) The plans must comply with all requirements of the 12-8 National Flood Insurance Program, as prescribed by Subchapter I, 12-9 Chapter 16, Water Code. 12-10 SECTION 3.09. SEPTIC TANKS. (a) If the district finds that 12-11 the nature of the soil or drainage in the district requires 12-12 regulation of septic tanks to prevent water pollution or to 12-13 protect the public health, the district by rule may: 12-14 (1) restrict the number and types of septic tanks 12-15 permitted in a specified area; 12-16 (2) forbid the use of a septic tank in a specified 12-17 area; 12-18 (3) forbid the installation of a new septic tank in a 12-19 specified area; 12-20 (4) establish a permit system for the installation of 12-21 a new septic tank in a specified area; or 12-22 (5) seek a gradual reduction of the number or types of 12-23 septic tanks in a specified area. 12-24 (b) Before the board adopts a rule under this section, the 12-25 board shall: 12-26 (1) consult with the commission; and 12-27 (2) hold a public hearing in the area to be affected 13-1 by the rule. 13-2 SECTION 3.10. SUBDIVISIONS. (a) Subject only to the power 13-3 and jurisdiction, as modified by this Act, of a county under 13-4 Chapter 232, Local Government Code, the district has the exclusive 13-5 power and jurisdiction, superseding the power and jurisdiction of 13-6 any other local government, to approve a plat or replat required of 13-7 a tract of land located within the district. A plat or replat may 13-8 not be filed with the county clerk without the approval of both the 13-9 district and the county with jurisdiction over the land. 13-10 (b) Subject to Subsection (a) of this section, the district 13-11 must approve a plat or replat that satisfies the requirements 13-12 established by the commissioners court of the county under Section 13-13 232.003, Local Government Code. The district shall act on a plat 13-14 or replat not later than the 60th day after the date the plat or 13-15 replat is filed. A plat or replat is approved unless before the 13-16 61st day after the date the plat or replat is filed: 13-17 (1) the plat or replat is expressly disapproved; and 13-18 (2) a statement of the specific manner in which the 13-19 plat or replat fails to satisfy all applicable regulations is given 13-20 to the owner of the land included in the plat or replat. 13-21 (c) With respect to land within the district, the district 13-22 may not regulate: 13-23 (1) the use of any building or property for business, 13-24 industrial, residential, or other purposes; 13-25 (2) the size, bulk, height, location, or number of 13-26 buildings and other structures that may be constructed or the ratio 13-27 of building area to land area; 14-1 (3) the number of residential units that may be built; 14-2 or 14-3 (4) the size of yards, courts, other open areas, or 14-4 the impervious cover that may be constructed on a tract of land. 14-5 SECTION 3.11. MUNICIPAL UTILITY DISTRICTS. (a) The 14-6 creation of a municipal utility district in the district shall be 14-7 regulated only by the commission. The consent of the district or 14-8 any local government or other political subdivision in the state is 14-9 not required to create a municipal utility district in the 14-10 district. 14-11 (b) The district has exclusive authority to enforce, amend, 14-12 or terminate the provisions of any agreement between or that 14-13 applies to a municipal utility district located within the district 14-14 and any local government or other political subdivision in the 14-15 state relating to: 14-16 (1) land use or site plans; 14-17 (2) restrictive covenants; 14-18 (3) the provision of drainage and solid waste disposal 14-19 services; 14-20 (4) the regulation of septic tanks; 14-21 (5) the control and abatement of water pollution; 14-22 (6) the prohibition of pollution and policing of any 14-23 source of water supply; or 14-24 (7) the protection and policing of watersheds within 14-25 the district. 14-26 (c) The authority granted by Subsection (b) of this section 14-27 supersedes the authority of any local government or other political 15-1 subdivision in the state regarding the matters described by 15-2 Subsection (b) of this section, other than the authority of a 15-3 county to enforce, amend, or terminate an agreement pertaining to 15-4 landscape maintenance or a license agreement in the public 15-5 rights-of-way. 15-6 (d) The rules of the district in effect at the time a 15-7 petition for creation of a municipal utility district is filed with 15-8 the commission remain applicable to all land within the municipal 15-9 utility district until all bonds issued by the municipal utility 15-10 district have been paid. After a municipal utility district issues 15-11 bonds for a project approved by the commission, the district or a 15-12 local government or other political subdivision of the state may 15-13 not impose a requirement or condition on the municipal utility 15-14 district that may adversely affect the data, profiles, maps, plans 15-15 and specifications, or land use used to determine the feasibility 15-16 of the project or the financial feasibility or tax base of the 15-17 municipal utility district, unless the requirement or condition is 15-18 made specifically to comply with state or federal law or applies 15-19 only after the bonds issued by the municipal utility district have 15-20 been paid. Any requirement or condition imposed on a municipal 15-21 utility district in conflict with this section is void. 15-22 SECTION 3.12. ACQUISITION, CONSTRUCTION, AND OPERATION OF 15-23 SYSTEMS. The district may: 15-24 (1) acquire and provide by purchase, gift, or lease 15-25 any water service, wastewater service, drainage service, or 15-26 disposal service within the district; 15-27 (2) construct a disposal system and provide disposal 16-1 services within the district; 16-2 (3) operate or sell a disposal system the district 16-3 constructs or acquires; 16-4 (4) contract with any person to operate or maintain a 16-5 disposal system the person owns; and 16-6 (5) contract with any person to train or supervise 16-7 employees of a disposal system. 16-8 SECTION 3.13. SYSTEM CONTRACTS. (a) The district may 16-9 contract to receive and treat or dispose of water, wastewater, 16-10 drainage, or wastes from any person in the district. 16-11 (b) In a contract under this section, the district shall set 16-12 fees on the basis of: 16-13 (1) the quality and quantity of the water, wastewater, 16-14 drainage, or waste; 16-15 (2) the difficulty in treating or disposing of the 16-16 water, wastewater, drainage, or waste; 16-17 (3) operation and maintenance expenses and debt 16-18 retirement service costs; and 16-19 (4) any other reasonable consideration. 16-20 SECTION 3.14. SALE OF WATER OR BY-PRODUCT. The district may 16-21 store and sell: 16-22 (1) water; or 16-23 (2) a by-product from the district's operations. 16-24 SECTION 3.15. PERMITS FROM COMMISSION. (a) The district 16-25 may apply to the commission for a permit to appropriate water. 16-26 (b) The district may apply to the commission for a water 16-27 storage or use permit to store and sell water under Section 3.12 of 17-1 this Act. 17-2 SECTION 3.16. EMINENT DOMAIN. (a) Except as provided by 17-3 Subsection (b), the district may exercise the power of eminent 17-4 domain under Chapter 21, Property Code, to acquire property of any 17-5 kind in Travis County that is: 17-6 (1) appropriate for the exercise of the district's 17-7 functions; and 17-8 (2) within the district or adjacent to the district. 17-9 (b) The district may not exercise the power of eminent 17-10 domain to acquire the property of a river authority in existence on 17-11 the effective date of this Act the territory of which comprises at 17-12 least three counties and includes all or part of the district 17-13 territory. 17-14 (c) The district may not exercise the power of eminent 17-15 domain to acquire property for any purpose not expressly granted to 17-16 the district by this Act and may not exercise the power of eminent 17-17 domain to acquire property adjacent to and outside the district for 17-18 any purpose other than the purposes set forth in Sections 17-19 3.01(a)(3) and 3.01(a)(4) of this Act. 17-20 SECTION 3.17. RELOCATION OF FACILITIES. If the district 17-21 requires relocating, raising, lowering, rerouting, changing the 17-22 grade of, or altering the construction of a railroad, highway, 17-23 pipeline, or an electric transmission or distribution, telegraph, 17-24 or telephone line conduit, pole, or facility, the district shall 17-25 pay the cost of that action so as to provide comparable replacement 17-26 of any replaced facility, less the replaced facility's net salvage 17-27 value. 18-1 SECTION 3.18. USE OF PUBLIC EASEMENTS. (a) The district 18-2 may use any public roadway, street, alley, or easement in Travis 18-3 County to accomplish its purposes, without the necessity of 18-4 securing a franchise or other governmental agreement. The use is 18-5 subject to the authority of a county to require the relocation of 18-6 facilities, at the expense of the district, to permit the widening 18-7 or straightening of a road. The county must give the district 30 18-8 days' notice that relocation is required and specify the new 18-9 location for the facilities along the right-of-way of the road. 18-10 (b) This section does not apply to an easement of a river 18-11 authority in existence on the effective date of this Act the 18-12 territory of which comprises at least three counties and includes 18-13 all or part of the district territory. 18-14 (c) The district may not change, alter, or damage a portion 18-15 of the state highway system or any county road without first 18-16 obtaining the written consent of the Texas Department of 18-17 Transportation or the county, as applicable. The placement of a 18-18 district facility in state or county highway right-of-way is 18-19 subject to regulation by the Texas Department of Transportation or 18-20 a county, as applicable. 18-21 SECTION 3.19. ACQUISITION AND DISPOSITION OF PROPERTY. (a) 18-22 The district may purchase, lease, acquire by gift, maintain, use, 18-23 or operate property of any kind that is appropriate for the 18-24 exercise of its functions. 18-25 (b) The board may sell to the highest bidder, at a public or 18-26 private sale, or may exchange any property owned by the district 18-27 that is not required to carry out the district's purposes. Before 19-1 conducting a public or a private sale of property, the district 19-2 shall give notice of its intent to sell the property by publishing 19-3 notice once a week for two consecutive weeks in a newspaper of 19-4 general circulation in the district. 19-5 SECTION 3.20. FACILITIES. The district may acquire, 19-6 construct, extend, improve, maintain, reconstruct, use, or operate 19-7 any facility necessary or convenient to the exercise of its powers, 19-8 rights, duties, or functions. 19-9 SECTION 3.21. CONTRACTS. (a) The district may make 19-10 contracts and execute instruments necessary or convenient to the 19-11 exercise of its powers, rights, duties, or functions. The district 19-12 may not enter into a contract with a term greater than 50 years. 19-13 (b) This section does not prohibit the district from 19-14 purchasing surplus property from the United States through a 19-15 negotiated contract without bids. 19-16 (c) An officer, agent, or employee of the district who is 19-17 financially interested in a contract of the type described in 19-18 Subsection (b) of this section shall disclose the interest to the 19-19 board before the board votes on the acceptance of the contract. 19-20 (d) Notwithstanding any provision of a municipality's 19-21 charter, a contract between the district and a municipality need 19-22 not be submitted to the municipality's electorate. 19-23 (e) Notwithstanding any provision of this Act, any contract 19-24 of the district shall meet the requirements of Chapter 171, Local 19-25 Government Code. 19-26 SECTION 3.22. COOPERATIVE AGREEMENTS. The district may 19-27 enter into cooperative agreements with other local governments, 20-1 state agencies, or agencies of the United States: 20-2 (1) to perform water, wastewater, drainage, or waste 20-3 disposal management, inspection, and enforcement functions and to 20-4 give technical aid and education services to any party to the 20-5 agreement; and 20-6 (2) to transfer money or property to any party to the 20-7 agreement for the purpose of water quality and waste disposal 20-8 management, inspection, enforcement, and technical aid and 20-9 education. 20-10 SECTION 3.23. COUNTY AUTHORITY. Notwithstanding any other 20-11 provision of this Act, this Act does not affect a county's 20-12 authority acting under an order or ordinance of the commissioners 20-13 court of the county or by a rule or regulation approved by the 20-14 commissioners court of the county: 20-15 (1) related to land use or zoning, including the 20-16 authority provided by: 20-17 (A) Chapters 233 and 243, Local Government Code; 20-18 (B) Section 109.33, Alcoholic Beverage Code; 20-19 (C) Chapter 953, Acts of the 70th Legislature, 20-20 Regular Session, 1987 (Article 2372dd-1, Vernon's Texas Civil 20-21 Statutes); or 20-22 (D) other law; 20-23 (2) to regulate subdivisions under Chapter 232, Local 20-24 Government Code, or other law, if the regulation does not conflict 20-25 with Section 3.07(a) of this Act; 20-26 (3) to plan, construct, or maintain public roads or 20-27 related drainage under the County Road and Bridge Act (Article 21-1 6702-1, Vernon's Texas Civil Statutes) or other law if the 21-2 regulation does not conflict with Section 3.07(a) of this Act; or 21-3 (4) to regulate an on-site sewage disposal system, as 21-4 that term is defined by Section 366.002, Health and Safety Code, or 21-5 a private sewage facility, as that term is defined by Section 21-6 26.031, Water Code. 21-7 ARTICLE 4. GENERAL FISCAL PROVISIONS 21-8 SECTION 4.01. DISBURSEMENT OF MONEY. The district may 21-9 disburse money only by check, draft, order, or other instrument 21-10 signed by the person or persons authorized in the board's bylaws or 21-11 by board resolution. 21-12 SECTION 4.02. FEES AND CHARGES. The district may establish 21-13 fees and charges not to exceed the amounts necessary to enable the 21-14 district to fulfill the obligations imposed on it by this Act. 21-15 SECTION 4.03. LOANS AND GRANTS. (a) The district may 21-16 borrow money and accept grants for its corporate purposes. 21-17 (b) The district may borrow money and accept grants from 21-18 private sources, the United States, the state, and local 21-19 governments. The district may enter into any agreement in 21-20 connection with a loan or grant that does not conflict with state 21-21 or federal law. 21-22 (c) Information of the source, amount, and any restriction 21-23 on expenditure of money the district accepts is public information. 21-24 SECTION 4.04. FISCAL YEAR. The board shall establish the 21-25 district's fiscal year. 21-26 SECTION 4.05. INDEPENDENT AUDIT AND REPORT. (a) The board 21-27 shall have an audit of the district's affairs for each fiscal year 22-1 prepared by an independent certified public accountant of 22-2 recognized integrity and ability. 22-3 (b) The district shall keep at least one copy of the most 22-4 recent audit at the district's principal office. 22-5 (c) The district shall make a copy of the most recent audit 22-6 available for inspection by any interested person during regular 22-7 business hours. 22-8 SECTION 4.06. DEPOSITORY BANKS. (a) The board shall 22-9 designate one or more banks to serve as depository for the 22-10 district's money. The district shall deposit all of its money in 22-11 the designated depository bank or banks, except: 22-12 (1) to the extent provided in a trust indenture, the 22-13 district may deposit bond proceeds and money pledged to pay bonds 22-14 with the trustee bank named in the trust indenture; and 22-15 (2) money pledged to pay bonds shall be remitted to 22-16 the bank of payment for the payment of principal and interest on 22-17 bonds. 22-18 (b) To the extent that money in a depository bank or trustee 22-19 bank is not invested or insured by the Federal Deposit Insurance 22-20 Corporation, the money shall be secured in the manner provided by 22-21 law for the security of state money. 22-22 (c) Before designating a depository bank, the board shall 22-23 publish notice at least once in a newspaper of general circulation 22-24 in the district requesting applications from banks interested in 22-25 serving as a depository. The notice shall include the time and 22-26 location of the board meeting at which the board proposes to 22-27 designate a depository bank. The board shall prescribe the term of 23-1 service of a depository bank. 23-2 (d) At the time stated in the notice required by Subsection 23-3 (c), the board shall consider the applications received and the 23-4 management and condition of each bank that files an application. 23-5 The board may designate as a depository the bank or banks that 23-6 offer the most favorable terms and conditions for the handling of 23-7 the district's money and that have proper management and the 23-8 ability to properly handle the district's money. Membership of an 23-9 officer or director of a bank on the board of the district does not 23-10 disqualify the bank from being designated as a depository. 23-11 (e) If no application is received by the time stated in the 23-12 notice, the board may designate a bank or banks on such terms and 23-13 conditions as the board considers prudent. 23-14 ARTICLE 5. BOND AND TAX PROVISIONS 23-15 SECTION 5.01. REVENUE BONDS. (a) For the purpose of 23-16 carrying out a power or authority conferred by this Act, the 23-17 district may issue bonds secured by a pledge of all or part of the 23-18 revenues accruing to the district from a source other than ad 23-19 valorem taxes, including money received from tolls, charges, the 23-20 sale of water or other products, and the provision of services. 23-21 (b) The district's bonds shall: 23-22 (1) be authorized by board resolution; 23-23 (2) be issued in the district's name; 23-24 (3) be signed by the chair or vice chair; 23-25 (4) be attested by the secretary; and 23-26 (5) bear the district's seal. 23-27 (c) The board may prescribe the form, denomination, and 24-1 interest rate of bonds issued by the district, except that bonds 24-2 must mature serially or otherwise not more than 50 years after 24-3 their date. The board may sell bonds at prices and under terms 24-4 that the board determines to be the most advantageous reasonably 24-5 available. The district's bonds may be made redeemable before 24-6 maturity at times and prices prescribed in the bonds. The 24-7 district's bonds may be secured by an indenture of trust with a 24-8 corporate trustee. 24-9 (d) The district may issue bonds in more than one series as 24-10 required for carrying out the purposes of this Act. The district 24-11 may, in issuing bonds secured by the district's revenues, reserve 24-12 the right to issue additional bonds secured by the district's 24-13 revenues that are on a parity with or are senior or subordinate to 24-14 the bonds issued earlier. 24-15 (e) The resolution authorizing the bonds or the trust 24-16 indenture securing the bonds may specify additional provisions that 24-17 shall constitute a contract between the district and its 24-18 bondholders. The board may provide: 24-19 (1) for additional bond provisions; and 24-20 (2) for a corporate trustee or receiver to take 24-21 possession of the district's facilities if the district defaults. 24-22 SECTION 5.02. REFUNDING BONDS. (a) The district may issue 24-23 refunding bonds to refund outstanding bonds and interest authorized 24-24 by this Act. 24-25 (b) Refunding bonds may: 24-26 (1) be issued to refund one or more series of 24-27 outstanding bonds; 25-1 (2) combine the pledges for the outstanding bonds for 25-2 the security of the refunding bonds; and 25-3 (3) be secured by other or additional revenues. 25-4 (c) The provisions of this Act applicable to the district's 25-5 issuance of other bonds, their security, their approval by the 25-6 attorney general, and the remedies of the holders are applicable to 25-7 refunding bonds. 25-8 (d) Refunding bonds shall be registered by the comptroller 25-9 of public accounts on surrender and cancellation of the bonds to be 25-10 refunded. Alternatively, the resolution authorizing the issuance 25-11 of refunding bonds may provide that the bonds shall be sold and the 25-12 resulting proceeds deposited in the bank where the bonds to be 25-13 refunded are payable, in which case the refunding bonds may be 25-14 issued in an amount sufficient to pay the principal and interest of 25-15 the bonds to be refunded to their option or maturity date. The 25-16 comptroller of public accounts shall register the refunding bonds 25-17 without concurrent surrender and cancellation of the bonds to be 25-18 refunded. 25-19 SECTION 5.03. APPROVAL AND REGISTRATION OF BONDS. After the 25-20 district authorizes any bonds, the district shall submit the bonds 25-21 and the record relating to their issuance to the attorney general 25-22 for approval. If the bonds are secured by a pledge of the proceeds 25-23 of a contract between the district and a municipality or other 25-24 governmental agency, authority, or district, the district shall 25-25 submit to the attorney general a copy of the contract and the 25-26 proceedings of the municipality or other governmental agency, 25-27 authority, or district authorizing the contract. If the attorney 26-1 general finds that the bonds have been authorized and the 26-2 contracts, if any, have been made in accordance with the 26-3 constitution and laws of the state, the attorney general shall 26-4 approve the bonds and contracts. On approval, the bonds shall then 26-5 be registered by the comptroller of public accounts. 26-6 SECTION 5.04. BOND ELECTION. The district may issue bonds 26-7 without an election. 26-8 SECTION 5.05. AUTHORIZED INVESTMENTS. Bonds and refunding 26-9 bonds of the district are legal, eligible, and authorized 26-10 investments for a public fund of the state, including the State 26-11 Permanent School Fund, or a state agency. 26-12 SECTION 5.06. AD VALOREM TAXATION. (a) Except as provided 26-13 by Subsection (b), the district may not levy and collect ad valorem 26-14 taxes. 26-15 (b) The qualified voters in the district may, in an election 26-16 called for that purpose, authorize the district to levy and collect 26-17 ad valorem taxes for the maintenance of the district and its 26-18 improvements. 26-19 ARTICLE 6. DISTRICT BOUNDARIES 26-20 SECTION 6.01. DESCRIPTION OF BOUNDARIES. The district 26-21 includes all the territory contained within the following area, 26-22 whether the territory contains noncontiguous parcels of land and 26-23 whether the territory is located within the boundaries of any 26-24 municipality or other governmental entity or political subdivision 26-25 of the state: 26-26 The 4,661.248 acre tract out of the John Moore Survey No. 66, the 26-27 Jesse Williams Survey No. 62, the Samuel Hamilton Survey No. 16, 27-1 the John G. McGeeHee Survey No. 6, the Thomas Brite Survey No. 65, 27-2 the J. D. Cady Survey Abstract No. 139, the C. W. Hudson Survey No. 27-3 43, the Richard Hailey Survey No. 35, the Corbet Stevens Survey No. 27-4 63, the J. Burleson Survey No. 64, the John M. Bright Survey No. 27-5 63, the C. W. Hudson Survey No. 43, the H. Haigwood Survey No. 433, 27-6 the H. W. Cocke Survey No. 432 and the H. W. Cocke Survey No. 83, 27-7 Travis County, Texas, being a portion of that 2,807.1345 acre 27-8 tract, described as Tract 1, all of that 538.5087 acre tract, 27-9 described as Tract 2, a portion of that 214.8756 acre tract, 27-10 described as Tract 3, and all of that 100.0000 acre tract, 27-11 described as Tract 4 all conveyed by deed to Circle C Land Corp. 27-12 recorded in Volume 11620, Page 1126 of the Travis County Deed 27-13 Records, all of that 11.7446 acre tract contained within the 27-14 aforesaid 214.8756 acre tract, as dedicated for Slaughter Lane 27-15 (120.00' right-of-way), by plat recorded in Book 86, Pages 180C and 27-16 180D of the Travis County Plat Records, all of that 79.9863 acre 27-17 tract conveyed to the City of Austin by deed recorded in Volume 27-18 9495, Page 275, of the said Deed Records, all of that 46.50000 acre 27-19 tract conveyed to the City of Austin, by deed recorded in Volume 27-20 9495, Page 289 of the said Deed Records, all of that 285.4585 acre 27-21 tract, conveyed to the City of Austin by deed recorded in Volume 27-22 9495, Page 281 of the said Deed Records, a 25.4133 acre portion of 27-23 that 412.3003 acre tract conveyed to Ira John Yates by deed 27-24 recorded in Volume 10166, Page 726 of the said Deed Records, all of 27-25 that 85.033 acre tract conveyed to Mopac South Transportation 27-26 Corporation by deed recorded in Volume 10719, Page 926 of the said 27-27 Deed Records, all of that 13.845 acre tract conveyed to Mopac South 28-1 Transportation Corporation by deed recorded in Volume 10719, Page 28-2 920 of the said Deed Records, all of that 99.560 acre tract 28-3 conveyed to R. Alan Haywood, Trustee by deed recorded in Volume 28-4 11505, Page 55 of the said Deed Records, all of that 100.2215 acre 28-5 tract, described as Parcel "A", conveyed to Carlene H. Klaus by 28-6 deed recorded in Volume 9724, Page 329 of the said Deed Records, 28-7 all of that 100.2215 acre tract, described as Parcel "B", conveyed 28-8 to Ursula H. Kutra by deed recorded in Volume 9724, Page 317 of the 28-9 said Deed Records, all of that 100.2215 acre tract, described as 28-10 Parcel "C", conveyed to Amelia H. Mettke by deed recorded in Volume 28-11 9724, Page 321 of the said Deed Records, a portion of that certain 28-12 126.73 acre tract, conveyed to Mrs. Ruby Pauls Spillar by deed 28-13 recorded in Volume 700, Page 369 of the said Deed Records, and 28-14 being a portion of 1248.93 acres, described as various tracts, 28-15 conveyed to Mrs. Ruby Pauls Spillar by deed recorded in Volume 118, 28-16 Page 455 of the Said Deed Records; the said 4,661.248 acre tract 28-17 being more particularly described as follows: 28-18 BEGINNING at a 5/8" iron rod found in the easterly 28-19 right-of-way line of State Highway F.M. 1826 (80' wide) being the 28-20 northwest corner of the said 538.5087 acre tract, a point in the 28-21 southerly line of those tracts of land conveyed to Oak Hill Heights 28-22 Joint Venture by deed recorded in Volume 8154, Page 552, and the 28-23 most westerly point of a boundary line agreement between Jack Mann 28-24 and Josephene Turnbull as described in a deed recorded in Volume 28-25 1133, Page 464 of the said Deed Records; 28-26 THENCE, in a southeasterly direction along the line as 28-27 established by the said boundary line agreement, being the 29-1 northerly line of the 538.5087 acre tract and the southerly line of 29-2 the said Oak Hill Heights Joint Venture, tracts for the following 29-3 nine (9) courses: 29-4 1) S5922'13"E, 133.45 feet to a 1/2" iron pipe found; 29-5 2) S5933'32"E, 676.69 feet to a 5/8" iron rod found; 29-6 3) S5953'12"E, 415.00 feet to a 5/8" iron rod found; 29-7 4) S6013'30"E, 358.42 feet to a 5/8" iron rod found; 29-8 5) S6029'18"E, 157.98 feet to a 1/2" iron rod found for the 29-9 northeast corner of the said 70.96 acre tract, being the northwest 29-10 corner of the 154.44 acre tract; 29-11 6) S6027'13"E, 482.95 feet to a 1/2" iron pipe found; 29-12 7) S6059'20"E, 834.39 feet to a 1/2" iron pipe found; 29-13 8) S6114'02"E, 646.28 feet to a 1/2" iron pipe found; 29-14 9) S6141'08"E, 306.72 feet to a 1/2" iron pipe found; 29-15 THENCE, S6206'50"E, 332.04 feet to a 1/2" iron pipe found 29-16 for the most easterly corner of the aforesaid boundary line 29-17 agreement, being a northeast corner of the 538.5087 acre tract, the 29-18 southeast corner of the said Oak Hill Heights Joint Venture tracts 29-19 and a point in a westerly line of that 479.58 acre tract conveyed 29-20 to Village Joint Venture by deed recorded in Volume 8539, Page 511 29-21 of the Deed Records of Travis County, Texas; 29-22 THENCE, S3005'47"W, at approximately 1,833.10 feet pass the 29-23 northwest corner of the Village at Western Oaks Subdivision, 29-24 Section 16-A, recorded in Book 86, Pages 62A through 62D, for a 29-25 total distance of 2,399.06 feet to a 5/8" iron rod found; 29-26 THENCE, S2950'30"W, with the easterly line of the said 29-27 538.5087 acre tract, 276.17 feet to a 1/2" iron pipe found for the 30-1 southwest corner of Village at Western Oaks, Section 16-A, being an 30-2 ell corner of the aforesaid 538.5087 acre tract, and a point on the 30-3 centerline of an existing Humble Pipeline Company, pipeline 30-4 easement described in a deed recorded in Volume 994, Page 397 of 30-5 the said Deed Records; 30-6 THENCE, S7011'10"E, with the said Humble Pipeline Company 30-7 easement, being the common line between the 538.5087 acre tract and 30-8 Village at Western Oaks, Section 16-A, at 600.33 feet pass a 1/2" 30-9 iron pipe found, at 1,831.37 feet pass a 1/2" iron pipe found, for 30-10 a total distance of 2,413.41 feet to a 1/2" iron rod set on a curve 30-11 to the left in the easterly right-of-way line of Escarpment 30-12 Boulevard (120.00 foot right-of-way) for the southeast corner of 30-13 the aforesaid Village at Western Oaks Subdivision, Section 16-A; 30-14 THENCE, S7011'10"E, continuing with the north line of the 30-15 538.5087 acre tract at 2,913.32 feet pass an iron pipe found at 30-16 3,651.25 feet pass a second iron pipe found, for a total distance 30-17 of 4,238.43 feet to an iron pipe found for the northeast corner of 30-18 the said 538.5087 acre tract, being the southeast corner of that 30-19 479.58 acre tract conveyed to Village Joint Venture by deed 30-20 recorded in Volume 8539, Page 511 and a point in the westerly line 30-21 of that 531.07 acre tract conveyed to Maple Run Joint Venture by 30-22 deed recorded in Volume 7979, Page 932, both of the said deed 30-23 records; the found pipe is also the southeast corner of the 30-24 right-of-way dedicated for State Highway Loop 1 as shown on a plat 30-25 of Village at Western Oaks, Section 21, a subdivision recorded in 30-26 Book 86, Page 145C of the Map Records of Travis County, Texas; 30-27 THENCE, S3040'24"W, with the common line between the 31-1 538.5087 acre tract and the 531.07 acre tract, 448.59 feet to an 31-2 iron rod found; 31-3 THENCE, S3040'33"W, continuing with the said common line 31-4 between the 538.5087 acre tract and the 531.07 acre tract, 450.39 31-5 feet to an iron rod found; 31-6 THENCE, S7200'01"E, continuing with the said common line, 31-7 158.07 feet to an iron rod found near the centerline of Slaughter 31-8 Creek. 31-9 THENCE, S0218'37"E, continuing with the said common line, at 31-10 230.03 feet pass an iron rod found for the most easterly corner of 31-11 the 538.5087 acre tract, and a northerly corner of the above 31-12 mentioned 285.4585 acre City of Austin tract, for a total distance 31-13 of 424.50 feet to an iron pipe found; 31-14 THENCE, leaving the southerly line of the 538.5087 acre 31-15 tract, along the common line between the said 531.07 acre tract and 31-16 the 285.4585 acre tract for the following eleven (11) courses: 31-17 1) S4145'47"E, for a distance of 96.65 feet to an iron rod 31-18 found; 31-19 2) S7631'42"E, for a distance of 110.76 feet to an iron rod 31-20 found; 31-21 3) N8420'26"E, for a distance of 172.94 feet to an iron rod 31-22 found; 31-23 4) S4757'27"E, for a distance of 109.79 feet to an iron rod 31-24 found; 31-25 5) S2042'20"W, for a distance of 195.48 feet to an iron rod 31-26 found; 31-27 6) S4326'45"E, for a distance of 149.92 feet to an iron rod 32-1 found; 32-2 7) S2111'38"E, for a distance of 141.55 feet to an iron rod 32-3 found; 32-4 8) S1335'11"W, for a distance of 148.65 feet to an iron rod 32-5 found; 32-6 9) S0515'39"E, for a distance of 347.41 feet to an iron rod 32-7 found; 32-8 10) S4023'14"W, for a distance of 269.29 feet to an iron 32-9 rod found; 32-10 11) S7931'14"W, for a distance of 58.41 feet to a point in 32-11 the centerline of Slaughter Creek; 32-12 THENCE, along the centerline of Slaughter Creek, continuing 32-13 with the above said common line between the 531.07 acre tract and 32-14 the 285.4585 acre tract for the following thirteen (13) courses; 32-15 1) S0822'19"W, for a distance of 407.97 feet to an iron rod 32-16 found; 32-17 2) S2626'53"W, for a distance of 329.10 feet to an iron rod 32-18 found; 32-19 3) S0543'44"W, for a distance of 314.04 feet to an iron rod 32-20 found; 32-21 4) S1157'05"E, for a distance of 304.24 feet to an iron rod 32-22 found; 32-23 5) S3706'33"E, for a distance of 176.12 feet to an iron rod 32-24 found; 32-25 6) S6458'21"E, for a distance of 264.75 feet to a nail 32-26 found; 32-27 7) N6439'39"E, for a distance of 295.20 feet to a point; 33-1 8) N8849'06"E, for a distance of 326.14 feet to an iron rod 33-2 found; 33-3 9) S7115'17"E, for a distance of 207.09 feet to an iron rod 33-4 found; 33-5 10) S0537'53"E, for a distance of 155.67 feet to a nail 33-6 found; 33-7 11) S3531'12"E, for a distance of 432.21 feet to an iron 33-8 rod found; 33-9 12) S5645'40"E, for a distance of 110.46 feet to an iron 33-10 pipe found; 33-11 13) S3528'15"E, at a distance of 310.95 feet pass an iron 33-12 pipe found on the east side of Slaughter Creek, for a total 33-13 distance of 323.72 feet to an iron rod found at a fence corner 33-14 post, for the most southerly corner of that certain 19.81 acre 33-15 tract of land conveyed to James W. Akins by a deed recorded in 33-16 Volume 4677, Page 1386 of the said Deed Records and a point in the 33-17 west line of the said 214.8756 acre tract; 33-18 THENCE, N2804'16"E, leaving the north line of the 285.4585 33-19 acre tract, along the common line between the 19.81 acre tract and 33-20 the 214.8756 acre tract, for a distance of 551.99 feet to a 1/2" 33-21 iron rod found; 33-22 THENCE, N2918'16"E, with the said common line between the 33-23 said 221.4613 acre tract and the 19.81 acre tract, 504.48 feet to a 33-24 1/2" iron rod found; 33-25 THENCE, N2951'30"E, with the said westerly line of the 33-26 221.4613 acre tract, at 538.05 feet pass a concrete monument found 33-27 in the southerly right-of-way line of Slaughter Lane (120.00 foot 34-1 right-of-way), at 695.41 feet pass a point in the northerly 34-2 right-of-way line of the aforesaid Slaughter Lane (11.7446 acres), 34-3 for a total distance of 843.60 feet to a 1/2" iron rod found for 34-4 the northwest corner of the abovesaid 214.8756 acre tract, being 34-5 the southwest corner of that certain tract conveyed to Clara Brooks 34-6 Chastain by deed recorded in Volume 6887, Page 178 and a point in 34-7 the easterly line of the remainder of that 531.07 acre tract 34-8 conveyed to Maple Run Joint Venture by deed recorded in Volume 34-9 7979, Page 932 both of the Deed Records of Travis County, Texas; 34-10 THENCE, S5957'00"E, leaving the easterly line of the said 34-11 531.07 acre tract, along the northerly line of the 214.8756 acre 34-12 tract, 638.74 feet to a 3/4" iron pipe found for the southeast 34-13 corner of the said Clara Brooks Chastain Tract, being the southwest 34-14 corner of that 199.65 acre tract conveyed to J.D. Carrol et. al. by 34-15 deed recorded in Volume 2522, Page 442 of the said Deed Records; 34-16 THENCE, with the common line between the said 214.8756 acre 34-17 tract and the 199.65 acre tract for the following four (4) courses: 34-18 1) S5953'05"E, 941.26 feet to a 3/4" iron pipe found; 34-19 2) S5944'07"E, 887.29 feet to a 3/4" iron pipe found; 34-20 3) S5925'09"E, 385.48 feet to a 3/4" iron pipe found; 34-21 4) S5938'47"E, 520.87 feet to a 1/2" iron rod found for the 34-22 most northerly northeast corner of the said 214.8756 acre tract, 34-23 being the northwest corner of that 5.1589 acre tract conveyed to 34-24 Gary L. Bradley, Trustee by deed recorded in Volume 8882, Page 748 34-25 of the said Deed Records; 34-26 THENCE, leaving the southerly line of the said 199.65 acre 34-27 tract, with the common line between the 214.8756 acre tract and the 35-1 5.1589 acre tract for the following two (2) courses: 35-2 1) S3030'08"W, 498.76 feet to a 1/2" iron rod found; 35-3 2) S5929'52"E, 450.00 feet to a 1/2" iron rod found for the 35-4 most easterly northeast corner of the 214.8756 acre tract, being 35-5 the southeast corner of the 5.1589 acre tract and a point in the 35-6 westerly right-of-way line of Brodie Lane (right-of-way varies); 35-7 THENCE, S3030'08"W, leaving the southerly line of the said 35-8 5.1589 acre tract, with the easterly line of the 214.8756 acre 35-9 tract, being the westerly right-of-way line of Brodie Lane, at 35-10 1,161.13 feet pass a point in the aforesaid northerly right-of-way 35-11 line of Slaughter Lane, at 1,311.13 feet pass a point in the 35-12 aforesaid southerly right-of-way line of Slaughter Lane, for a 35-13 total distance of 2,087.89 feet to a 1/2" iron rod found for the 35-14 southeast corner of the abovesaid 214.8756 acre tract, being a 35-15 point in the northerly line of that 400 acre tract conveyed to 35-16 George Barker by deed recorded in Volume 409, Page 158 of the said 35-17 Deed Records; 35-18 THENCE, with the common line between the said 214.8756 acre 35-19 tract and the 400 acre tract for the following eight (8) courses: 35-20 1) N5923'14"W, 357.99 feet to a 3/4" iron pipe found; 35-21 2) N5939'36"W, 234.36 feet to a 3/4" iron pipe found; 35-22 3) N6026'39"W, 371.13 feet to a 3/4" iron pipe found; 35-23 4) N6019'49"W, 607.54 feet to a 3/4" iron pipe found; 35-24 5) N6015'08"W, at 301.82 feet pass a concrete monument 35-25 found, at 371.82 feet pass a concrete monument found, for a total 35-26 distance of 968.19 feet to a 60d nail found in a fence post; 35-27 6) N6045'22"W, continuing with the southerly line of the 36-1 said 214.8756 acre tract, 9.27 feet to a 60d nail found in a fence 36-2 post; 36-3 7) N5935'12"W, continuing along the said southerly line of 36-4 the 214.8756 acre tract, 815.61 feet to a 3/4" iron pipe found; 36-5 8) N5925'45"W, for a distance of 410.57 feet to a concrete 36-6 monument found for the southwest corner of the said 214.8756 acre 36-7 tract, being a point in the easterly line of the said 285.4585 acre 36-8 tract and the northwest corner of the said 400 acre tract; 36-9 THENCE, S3014'54"W, leaving the southerly line of the said 36-10 214.8756 acre tract, with the westerly line of the 400 acre tract, 36-11 at 1,600.00 feet pass a 5/8" iron rod found for the most southerly 36-12 southeast corner of the 285.4585 acre tract, being a northeast 36-13 corner of the said 2807.1345 acre tract, for a total distance of 36-14 3,756.93 feet to a 60d nail found in a fence corner post for the 36-15 most southerly southeast corner of the said 2807.1345 acre tract, 36-16 being the northeast corner of that 2.72 acre tract conveyed to Ray 36-17 McGee by deed recorded in Volume 4647, Page 31 of the said Deed 36-18 Records; 36-19 THENCE, N6309'43"W, leaving the westerly line of the said 36-20 400 acre tract, with the southerly line of the 2807.1345 acre 36-21 tract, 231.13 feet to a 1/2" iron rod found for the northwest 36-22 corner of the said 2.72 acre tract, being the northeast corner of 36-23 that 6.7580 acre tract conveyed to Gary L. Bradley, Trustee by deed 36-24 recorded in Volume 10577, Page 414 of the Deed Records of Travis 36-25 County, Texas; 36-26 THENCE, N6226'14"W, at 425.00 feet pass a 1/2" iron rod 36-27 found for the northwest corner of the said 6.7580 acre tract, being 37-1 the northeast corner of that 1.0000 acre tract conveyed to Gary L. 37-2 Bradley, Trustee by deed recorded in Volume 10577, Page 402 of the 37-3 said Deed Records, at 575.00 feet pass a 1/2" iron rod found for 37-4 the northwest corner of the abovesaid 1.0000 acre tract, being the 37-5 northeast corner of that 1.0000 acre tract conveyed to Gary L. 37-6 Bradley, Trustee by deed recorded in Volume 10577, Page 406 of the 37-7 said Deed Records, at 725.00 feet pass a 1/2" iron rod found for 37-8 the northwest corner of the abovesaid 1.0000 acre tract, being the 37-9 northeast corner of that 1.0000 acre tract conveyed to Brian Lee 37-10 Williamson by deed recorded in Volume 8901, Page 11 of the said 37-11 Deed Records, at 875.00 feet pass a 1/2" iron rod found for the 37-12 northwest corner of the abovesaid 1.0000 acre Williamson Tract, 37-13 being the northeast corner of that 1.0000 acre tract conveyed to 37-14 Gary L. Bradley, Trustee by deed recorded in Volume 10577, Page 410 37-15 of the said Deed Records, at 1025.00 feet pass a 1/2" iron rod 37-16 found for the northwest corner of the abovesaid 1.0000 acre tract, 37-17 being a northerly northeast corner of that abovesaid 1.0000 acre 37-18 tract, being a northerly northeast corner of the said 412.3003 acre 37-19 tract, for a total distance of 1,952.31 feet to a 1/2" iron rod 37-20 found; 37-21 THENCE, with the common line between the said 2,807.1345 acre 37-22 tract and the 412.3003 acre tract for the following three (3) 37-23 courses: 37-24 1) N1354'38"E, 342.33 feet to a 1/2" iron rod found; 37-25 2) S8937'52"W, 501.38 feet to a 1/2" iron rod found; 37-26 3) S6347'26"W, 414.17 feet to a 1/2" iron rod found for the 37-27 northeast corner of a 5.000 acre tract conveyed to Polly Blanton 38-1 Brooks by a deed recorded in Volume 9807, Page 643 of the above 38-2 said Deed Records; 38-3 THENCE, through the 2,807.1345 acre tract, with the north, 38-4 west, and southerly lines of the 5.000 acre tract, the following 38-5 six (6) courses: 38-6 1) N6538'09"W, 415.32 feet to an iron rod found; 38-7 2) S5812'55"W, 207.33 feet to an iron rod found; 38-8 3) S0241'17"E, 301.21 feet to an iron rod found; 38-9 4) N8037'15"E, 92.49 feet to an iron rod found; 38-10 5) S7524'34"E, 416.79 feet to an iron rod found; 38-11 6) S8458'12"E, 142.05 feet to an iron rod found in the 38-12 abovesaid common line between the 2,807.1345 acre tract and the 38-13 412.3003 acre tract; 38-14 THENCE, S1539'52"E, along the said common line, 171.37 feet 38-15 to a 1/2" iron rod found; 38-16 THENCE, continuing with the above said common line, 38-17 S8718'43"W, 2,089.53 feet to a 1/2" iron rod found for the 38-18 northeast corner of the said 85.033 acre tract; 38-19 THENCE, across the said 412.3003 acre tract, with the 38-20 southeasterly line of the said 85.033 acre tract (State Highway 38-21 Loop 1), the following three (3) courses: 38-22 1) S5354'42"W, 276.49 feet to an iron rod found; 38-23 2) S3134'11"W, 1,886.12 feet to an iron rod found for the 38-24 point of curvature of a curve to the left; 38-25 3) With the said curve to the left, having a radius of 38-26 1,000.00 feet, a central angle of 2254'44", a chord distance of 38-27 397.23 feet (chord bears S2006'49"W), for an arc distance of 39-1 399.89 feet to an iron rod found for the intersection of the said 39-2 northerly right-of-way line of State Highway 45 with the 39-3 aforementioned common line between the 412.3003 acre tract and the 39-4 99.56 acre, R. Alan Haywood, Trustee, tract; the found iron rod 39-5 being also the northeast corner of the said 13.845 acre tract; 39-6 THENCE, S8945'07"E, with the north line of the said 99.560 39-7 acre tract, along the south line of the said 412.3003 acre tract, 39-8 1,943.93 feet to an iron rod found; 39-9 THENCE, S8941'17"E, leaving the said south line of the 39-10 remainder of the 412.3003 acre tract, along the north line of the 39-11 99.560 acre tract, for a distance of 436.73 feet to an iron rod 39-12 found for the northeast corner of the 99.560 acre tract, being a 39-13 northwest corner of that 118.757 acre tract conveyed by deed to 39-14 Alain P. Reveilhac, Trustee by deed recorded in Volume 8993, Page 39-15 867 of the said Deed Records; 39-16 THENCE, S0047'45"W, along the common line between the said 39-17 99.560 acre tract and the 118.757 acre tract, 932.88 feet to an 39-18 iron rod found for the southeast corner of the aforesaid 99.560 39-19 acre tract, being a northeast corner of the remainder of that 39-20 723.85 acre tract conveyed to Jack Andrewartha by deed recorded in 39-21 Volume 4413, page 388 of the said Deed Records; 39-22 THENCE, N8944'18"W, leaving the west line of the said 118.57 39-23 acre tract, along the common line between the 99.560 acre tract and 39-24 the remainder of the 723.85 acre tract, at 2,115.36 feet pass an 39-25 iron rod found for the southeast corner of the said 13.845 acre 39-26 tract, at 2,615.10 feet pass an iron rod found for the southeast 39-27 corner of the said 13.845 acre tract, for a total distance of 40-1 4,644.68 feet to an iron rod found for the southwest corner of the 40-2 aforesaid 99.560 acre tract, being a point in the east line of that 40-3 283 acre tract conveyed to Ira Jon Yates by deed recorded in Volume 40-4 7716, Page 845 of the said Deed Records; 40-5 THENCE, N0030'28"E, leaving the said north line of the 40-6 remainder of the 723.85 acre tract, along the common line between 40-7 the 99.560 acre tract and the 283 acre tract, for a distance of 40-8 932.24 feet to a 60d nail found in a fence corner post for the 40-9 northwest corner of the said 99.560 acre tract, being the northeast 40-10 corner of the aforesaid 283 acre tract and being in the southerly 40-11 line of the said 412.003 acre tract; 40-12 THENCE, S8945'07"E, leaving the east line of the said 283 40-13 acre tract, along the south line of the remainder of the 412.3003 40-14 acre tract, being the north line of the 99.560 acre tract, 1,329.07 40-15 feet to an iron rod found on a curve to the left for the northwest 40-16 corner of that 13.845 acre tract, being also the southwest corner 40-17 of that 85.033 acre tract conveyed to Mopac South Transportation 40-18 Corporation; 40-19 THENCE, leaving the north line of the said 99.560 acre tract, 40-20 across the said 412.3003 acre tract, along the southwest line of 40-21 the 85.033 acre tract, for the following three (3) courses: 40-22 1) with the said curve to the left, having a radius of 40-23 7,439.30 feet, a central angle of 0052'47", a chord distance of 40-24 114.22 feet (chord bears N4125'15"W), for an arc distance of 40-25 114.23 feet to an iron rod found for the point of tangency; 40-26 2) N4151'38"W, 2,184.35 feet to an iron rod found for the 40-27 point of curvature of a curve to the left; 41-1 3) with the said curve to the left, having a radius of 41-2 6,649.76 feet, a central angle of 0747'53", a chord distance of 41-3 904.34 feet (chord bears N4545'35"W), for an arc distance of 41-4 905.04 feet to an iron rod found for the intersection of the said 41-5 southwest line of the 85.033 acre tract (State Highway 45) with the 41-6 northerly line of the said 412.3003 acre tract, and the southerly 41-7 line of the 2,807.1345 acre tract; 41-8 THENCE, S8250'26"W, with the common line between the 41-9 2,807.1345 acre tract and the 412.3003 acre tract, 2,560.06 feet to 41-10 a 1/2" iron rod found in the west line of the said Samuel Hamilton 41-11 Survey No. 16, being the east line of the Thomas Brite Survey No. 41-12 65, for an ell corner of the said 2,807.1345 acre tract, being the 41-13 northwest corner of that 412.3003 acre tract mentioned above; 41-14 THENCE, S3031'27"W, along the west line of the Samuel 41-15 Hamilton Survey No. 16 and the east line of the Thomas Brite Survey 41-16 No. 65, for a distance of 561.26 feet to an iron rod found for a 41-17 southerly corner of the said, 2,807.1345 acre tract; being a point 41-18 in the north line of the said 283 acre tract; 41-19 THENCE, S8344'05"W, with the common line between the 41-20 2,807.1345 acre tract and the 283 acre tract, 58.21 feet to an iron 41-21 rod found; 41-22 THENCE, N8950'37"W, with the said common line, 502.68 feet 41-23 to an iron rod found for the northwest corner of the aforesaid 283 41-24 acre tract, and the northeast corner of the aforesaid 126.73 acre 41-25 tract conveyed to Mrs. R. P. Spillar; 41-26 THENCE, leaving the south line of the 2,807.1345 acre tract, 41-27 along the east line of said 126.73 acre Spillar Tract, as found 42-1 fenced and used upon the ground, for the following three (3) 42-2 courses: 42-3 1) S0033'17"W, for a distance of 952.64 feet to an iron pin 42-4 set; 42-5 2) S0032'17"W, for a distance of 255.23 feet to an iron pin 42-6 set; 42-7 3) S0035'17"W, for a distance of 528.60 feet to an iron pin 42-8 set at or near the Southeast corner of the said 126.73 acre Spillar 42-9 Tract, being at or near the Northeast corner of the said 1248.93 42-10 acre Spillar Tract; 42-11 THENCE, along the east line of the said 1248.93 acre Spillar 42-12 Tract, as found fenced and used upon the ground, for the following 42-13 four (4) courses: 42-14 1) S0852'43"E, for a distance of 291.92 feet to an iron pin 42-15 set; 42-16 2) S0854'43"E, for a distance of 445.72 feet to an 60-d 42-17 nail set; 42-18 3) S0004'17"W, for a distance of 1130.96 feet to an iron 42-19 pin set; 42-20 4) S0002'43"E, for a distance of 382.21 feet to a 42-21 calculated point on the approximate County Line between Travis and 42-22 Hays Counties; 42-23 THENCE, N4903'40"W, across the said 1,248.93 acre tract and 42-24 the 126.73 acre tract, along the common line between Travis and 42-25 Hays Counties, 3,986.48 feet to a calculated point in the westerly 42-26 line of the aforesaid 126.73 acre tract; 42-27 THENCE, along the West line of the said 126.73 acre Spillar 43-1 Tract, as found fenced and used upon the ground, for the following 43-2 seven (7) courses: 43-3 1) N0000'17"E, for a distance of 210.21 feet to an iron pin 43-4 set; 43-5 2) N0000'43"W, for a distance of 332.68 feet to an iron pin 43-6 set; 43-7 3) N0005'43"W, for a distance of 102.55 feet to an iron pin 43-8 set; 43-9 4) N8659'43"W, for a distance of 332.58 feet to an iron pin 43-10 set; 43-11 5) N8659'43"W, for a distance of 306.15 feet to an iron pin 43-12 found; 43-13 6) N2917'17"E, for a distance of 565.14 feet to a 60-d nail 43-14 found; 43-15 7) N2402'14"E, for a distance of 22.01 feet to a 60-d nail 43-16 found in a fence post; 43-17 THENCE, S6916'54"W leaving the westerly line of the said 43-18 126.73 acre tract, in a southwesterly direction with the southerly 43-19 fenced line of the 2,807.1345 acre tract, 760.45 feet to an iron 43-20 rod found for the Travis and Hays County Lines; 43-21 THENCE, N4903'54"W, leaving the southerly line of and 43-22 crossing the said line of the 2,807.1345 acre tract, along the 43-23 common line between Travis and Hays Counties, 3,364.02 feet to a 43-24 concrete monument found for county marker Mile Post No. 19; 43-25 THENCE, N4903'02"W, continuing across the said 2,807.1345 43-26 acre tract, along the said line between Travis and Hays Counties, 43-27 347.05 feet to a concrete monument found in the easterly 44-1 right-of-way line of aforesaid State Highway FM 1826; 44-2 THENCE, with the west line of the 2,807.1345 acre tract and 44-3 the east right-of-way line of State Highway FM 1826, the following 44-4 twelve (12) courses: 44-5 1) N0001'09"E, 1,166.34 feet to a concrete monument found; 44-6 2) N0017'55"E, for a distance of 388.69 feet to a concrete 44-7 monument found at the point of curvature of a curve to the right; 44-8 3) with the said curve to the right having a central angle 44-9 of 3047'38", a radius of 1,402.42 feet, a chord distance of 744.70 44-10 feet (chord bears N1541'45"E), for an arc distance of 753.74 feet 44-11 to the point of tangency; 44-12 4) N3105'55"E, for a distance of 1,682.33 feet to a 44-13 concrete monument found at the point of curvature of a transition 44-14 curve to the right; 44-15 5) with the said transition curve to the right having a 44-16 central angle of 0649'48", a beginning radius of 2,834.50 feet, an 44-17 ending radius of 2,829.50 feet, a chord distance of 337.10 feet 44-18 (chord bears N3609'37"E) for an arc distance of 337.30 feet to a 44-19 concrete monument found at the point of tangency; 44-20 6) N3756'03"E, a distance of 443.20 feet to an iron pipe 44-21 found; 44-22 7) N3757'53"E, for a distance of 239.19 feet to a concrete 44-23 monument found at the point of curvature of a curve to the left; 44-24 8) with the said curve to the left having a central angle of 44-25 0726'32", a radius of 1,950.03 feet, a chord distance of 253.12 44-26 feet (chord bears N3405'33"E) for an arc distance of 253.29 feet 44-27 to a concrete monument found at the point of tangency; 45-1 9) N3029'37"E, for a distance of 1,017.58 feet to an iron 45-2 rod found; 45-3 10) N3028'37"E, for a distance of 2,099.60 feet to a 45-4 concrete right-of-way monument found at the point of curvature of a 45-5 curve to the right; 45-6 11) with the said curve to the right, having a central angle 45-7 of 4648'09", a radius of 1,105.91 feet, a chord distance of 878.46 45-8 feet (chord bears N5353'50"E) for an arc distance of 903.37 feet 45-9 to a concrete right-of-way monument found at the point of tangency; 45-10 12) N7719'10"E, for a distance of 189.23 feet to an iron 45-11 pipe found, being the most westerly northwest corner of the above 45-12 said 2,807.1345 acre tract, in the abandoned south right-of-way 45-13 line of Old Austin-Driftwood Road; 45-14 THENCE, leaving the said east right-of-way line of State 45-15 Highway FM 1826 with the fenced north line of the 2,807.1345 acre 45-16 tract, the following nine (9) courses and distances: 45-17 1) S6842'40"E, 378.51 feet to an iron pipe found; 45-18 2) S6341'44"E, 178.82 feet to an iron pipe found; 45-19 3) S2728'23"W, at 347.23 feet pass an iron pipe found 0.07 45-20 feet to the west, for a total distance of 800.09 feet to an iron 45-21 pipe found; 45-22 4) S2421'16"E, 538.49 feet to an iron pipe found; 45-23 5) S0552'50"E, 991.70 feet to an iron pipe found; 45-24 6) S5839'56"E, 1,085.30 feet to an iron pipe found; 45-25 7) N8847'49"E, 563.42 feet to an iron pipe found; 45-26 8) N6424'19"E, 951.91 feet to an iron rod found; 45-27 9) N3241'40"E, 470.77 feet to an iron pipe found; 46-1 THENCE, N3236'10"E, continuing along the north line of the 46-2 2,807.1345 acre tract, 412.97 feet to an iron pipe found in the 46-3 south line of a 217.38 acre tract conveyed to 1826 Associates by 46-4 deed recorded in Volume 3635, Page 634 of the said Deed Records; 46-5 THENCE, S6024'36"E, with the apparent common line between 46-6 the 2,807.1345 acre tract and the 217.38 acre tract, for a distance 46-7 of 349.01 feet to an iron pipe found; 46-8 THENCE, S5358'38"E, continuing with the said common line, 46-9 for a distance of 533.96 feet to an iron pipe found for a northeast 46-10 corner of the 2,807.1345 acre tract and a point in the west line of 46-11 a 100.2215 acre tract conveyed to Carlene Hielscher Klaus by deed 46-12 recorded in Volume 9724, Page 329; said pipe also being the end of 46-13 a boundary line, set by Boundary Line Agreement in Volume 3922, 46-14 Page 1668, both of the Deed Records of Travis County, Texas; 46-15 THENCE, leaving the northerly line of the 2,807.1345 acre 46-16 tract, along the common fenced line between the said 100.2215 acre 46-17 Carlene H. Klaus Tract and the 217.38 acre tract, the following 46-18 four (4) courses: 46-19 1) N2916'04"E, 374.23 feet to an iron rod found; 46-20 2) N3313'41"E, 507.32 feet to an iron rod found; 46-21 3) N2953'38"E, 440.11 feet to an iron rod found; 46-22 4) N3023'23"E, 98.78 feet to an iron rod found for the 46-23 northwest corner of the said 100.2215 acre Klaus Tract, being the 46-24 southwest corner of that 320 acre tract conveyed to Richard 46-25 Hielscher by deed recorded in Volume 1212, Page 526 of the said 46-26 Deed Records; 46-27 THENCE, S5927'22"E, leaving the easterly line of the said 47-1 217.38 acre tract, 737.66 feet to an iron rod found in the 47-2 northerly line of the said 100.2215 acre Carlene H. Klaus Tract; 47-3 THENCE, S5925'12"E, continuing with the northerly line of 47-4 the said 100.2215 acre Klaus Tract, a distance of 252.58 feet to an 47-5 iron rod found for the northeast corner of the aforesaid 100.2215 47-6 acre Carlene H. Klaus Tract, being the northwest corner of the 47-7 aforesaid 100.2215 acre Ursula H. Kutra Tract; 47-8 THENCE, S5925'12"E, with the northerly line of the said 47-9 100.2215 acre Ursula H. Kutra Tract, 512.23 feet to an iron rod 47-10 found; 47-11 THENCE, S5914'29"E, continuing along the northerly line of 47-12 the said 100.2215 acre Ursula H. Kutra Tract, 512.87 feet to an 47-13 iron rod found for the northeast corner of the aforesaid 100.2215 47-14 acre tract, being the northwest corner of the said 100.2215 acre 47-15 Amelia H. Mettke Tract; 47-16 THENCE, S5914'29"E, with the northerly line of the said 47-17 100.2215 acre Amelia H. Mettke Tract, 1,013.17 feet to an iron pipe 47-18 found for the northeast corner of the aforesaid 100.2215 acre 47-19 Amelia H. Mettke Tract, being a point in a westerly line of the 47-20 said 2,807.1345 acre tract, and the southwest corner of the said 47-21 320 acre tract; 47-22 THENCE, N3005'58"E, with the easterly line of the said 320 47-23 acre tract and the west line of the before mentioned 2,807.1345 47-24 acre tract, at 250.00 feet pass a 1/2" iron rod found for the 47-25 southwest corner of the said 79.9863 acre tract, for a total 47-26 distance of 1,357.97 feet to a 60d nail found in a fence corner 47-27 post; 48-1 THENCE, N3049'14"E, with the common line between the said 48-2 79.9863 acre tract and the 320 acre tract, 804.39 feet to a 60d 48-3 nail found in a fence post; 48-4 THENCE, N2750'15"E, continuing with the common line between 48-5 the said 79.9863 acre tract and the 320 acre tract, 125.08 feet to 48-6 a steel fence post found; 48-7 THENCE, N3031'15"E, 204.35 feet to a 5/8" iron rod found; 48-8 THENCE, N2957'23"E, continuing with the common line between 48-9 the 79.9863 acre tract and the 320 acre tract, 360.74 feet to a 48-10 5/8" iron rod found in the southeast line of the aforesaid 538.5087 48-11 acre tract; 48-12 THENCE, N2808'04"W, across the said 320 acre tract, with the 48-13 southerly line of the 538.5087 acre tract, 2,025.54 feet to a 5/8" 48-14 iron rod found on the centerline of the aforesaid existing Humble 48-15 Pipeline Company, pipeline easement; 48-16 THENCE, N7021'34"W, continuing across the said 320 acre 48-17 tract, with the centerline of the said Humble Pipeline, 1,386.97 48-18 feet to a 1/2" iron rod found for a southwest corner of the 48-19 538.5087 acre tract and a point in the easterly line of that 3.48 48-20 acre tract conveyed to Dan P. Scranton by deed recorded in Volume 48-21 4217, Page 236 of the said deed records; 48-22 THENCE, N3211'17"E, with a westerly line of the said 48-23 538.5087 acre tract, at 144.68 feet pass a 5/8" iron rod found for 48-24 the northeast corner of the 3.48 acre tract, being the southeast 48-25 corner of that 3.45 acre tract conveyed to Arnold A. Jensen by deed 48-26 recorded in Volume 7101, Page 123 of the said deed records, for a 48-27 total distance of 404.54 feet to a 5/8" iron rod found for the 49-1 northeast corner of the aforesaid 3.45 acre tract, being the 49-2 southeast corner of that 3.42 acre tract conveyed to John T. 49-3 Alexander Et Ux by deed recorded in Volume 5019, Page 1341 of the 49-4 Deed Records of Travis County, Texas; 49-5 THENCE, N3204'03"E, continuing with the said westerly line 49-6 of the 538.5087 acre tract, 259.87 feet to a 5/8" iron rod found 49-7 for the northeast corner of the said 3.42 acre tract, being the 49-8 southeast corner of that 3.23 acre tract conveyed to L. Van Sickle 49-9 by deed recorded in Volume 4822, Page 1413 of the said Deed 49-10 Records; 49-11 THENCE, N3208'30"E, 199.96 feet to a 1/2" iron pipe found 49-12 for an ell corner of the said 538.5087 acre tract, being the 49-13 northeast corner of the 3.23 acre tract; 49-14 THENCE, N5939'43"W, with the common line between the said 49-15 538.5087 acre tract and the 3.23 acre tract, 28.23 feet to a 60d 49-16 nail found in a cedar tree; 49-17 THENCE, N4040'12"W, with the northerly line of the said 3.23 49-18 acre tract, 238.75 feet to a 1/2" iron pipe found at a cattle guard 49-19 for a southwest corner of the 538.5087 acre tract; 49-20 THENCE, N6056'11"W, with the common line between the 49-21 538.5087 acre tract and the 3.23 acre tract, 7.46 feet to a 1/2" 49-22 iron pipe found; 49-23 THENCE, N7539'02"W, continuing with the said common line 49-24 between the 538.5087 acre tract and the 3.23 acre tract, 40.48 feet 49-25 to a 5/8" iron rod found; 49-26 THENCE, N5752'12"W, with the southerly line of the said 49-27 538.5087 acre tract, 807.29 feet to a 1/2" iron rod found in the 50-1 northerly line of that 3.41 acre tract conveyed to Edwin Dudley by 50-2 deed recorded in Volume 6405, Page 1177 of the said deed records; 50-3 THENCE, with the common line between the said 538.5087 acre 50-4 tract and the 3.41 acre tract for the following three (3) courses: 50-5 1) N0729'32"W, 16.38 feet to a 60d nail found in a fence 50-6 corner post at a cattle guard; 50-7 2) N6318'41"W, 6.83 feet to a 60d nail found in a fence 50-8 corner post; 50-9 3) S8133'38"W, 17.89 feet to a 1/2" iron rod found for the 50-10 northwest corner of the said 3.41 acre tract, being the most 50-11 westerly southwest corner of the 538.5087 acre tract, and a point 50-12 on the aforesaid easterly right-of-way line of State Highway F.M. 50-13 1826; 50-14 THENCE, with the common line between the 538.5087 acre tract 50-15 and the easterly right-of-way line of State Highway F.M. 1826 for 50-16 the following four (4) courses: 50-17 1) N3054'59"E, 632.18 feet to a concrete right-of-way 50-18 monument found 40.00 feet left of State Highway Centerline Station 50-19 73+30.5; 50-20 2) N2827'31"E, 393.09 feet to a concrete right-of-way 50-21 monument found for the point of curvature of a curve to the left, 50-22 40.00 feet left of State Highway Centerline Station 69+38.5; 50-23 3) with the said curve to the left having a central angle of 50-24 0630'44", a radius of 3,859.21 feet, a chord distance of 438.40 50-25 feet (chord bears N2504'58"E) for an arc distance of 438.64 feet 50-26 to a concrete right-of-way monument found for the point of 50-27 tangency, 40.00 feet left of State Highway Centerline Station 51-1 65+03; 51-2 4) N2150'08"E, 774.26 feet to the PLACE OF BEGINNING, 51-3 CONTAINING within these metes and bounds 4,661.248 acres of land 51-4 area. 51-5 SECTION 6.02. FINDINGS RELATED TO BOUNDARIES. The 51-6 legislature finds that the boundaries and field notes of the 51-7 district form a closure. A mistake in the field notes or in 51-8 copying the field notes in the legislative process does not affect 51-9 the organization, existence, or validity of the district, the right 51-10 of the district to issue bonds or refunding bonds or to pay the 51-11 principal of or interest on bonds, the right of the district to 51-12 levy and collect taxes, or the legality or operation of the 51-13 district or its board. 51-14 SECTION 6.03. FINDING OF BENEFIT. All of the land and other 51-15 property included within the boundaries of the district will be 51-16 benefitted by the works and projects that are to be accomplished by 51-17 the district under powers conferred by this Act. The district is 51-18 created to serve a public use and benefit. 51-19 SECTION 6.04. ADDITION OF TERRITORY. (a) In accordance 51-20 with this section, the district may annex additional territory in 51-21 Travis County that is: 51-22 (1) located in the Bear Creek, Slaughter Creek, or 51-23 Williamson Creek watersheds; and 51-24 (2) not located in the corporate limits of a 51-25 municipality. 51-26 (b) Proceedings for the annexation of territory by the 51-27 district may only be initiated by a petition signed by the owners 52-1 of the land proposed to be annexed. The petition must request that 52-2 the board hold a public hearing on the matters set out in the 52-3 petition. 52-4 (c) The board shall hear and consider the petition and may 52-5 annex the territory if the board determines that the land should be 52-6 annexed. 52-7 (d) The consent of a municipality or other governmental 52-8 entity or political subdivision of the state is not required for 52-9 any annexation of territory by the district. 52-10 (e) In a calendar year, the district may not annex a total 52-11 area greater than 10 percent of the area of the district territory 52-12 on January 1 of that year plus any amount carried over to that year 52-13 under this subsection, except that the district may not annex in a 52-14 calendar year a total area greater than 30 percent of the area of 52-15 the district territory as of January 1 of that year. If the 52-16 district fails to annex in a calendar year the entire 10 percent 52-17 amount permitted under this subsection, the district may carry over 52-18 the unused allocation for use in subsequent calendar years. For 52-19 the calendar year 1995, the district may not annex a total area 52-20 greater than 10 percent of the district territory on the effective 52-21 date of this Act. Notwithstanding this subsection, the district 52-22 territory may not exceed 8,000 acres. 52-23 ARTICLE 7. MISCELLANEOUS PROVISIONS 52-24 SECTION 7.01. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 52-25 (a) The proper and legal notice of the intention to introduce this 52-26 Act, setting forth the general substance of this Act, has been 52-27 published as provided by law, and the notice and a copy of this Act 53-1 have been furnished to all persons, agencies, officials, or 53-2 entities to which they are required to be furnished by the 53-3 constitution and other laws of this state, including the governor, 53-4 who has submitted the notice and the Act to the Texas Natural 53-5 Resource Conservation Commission. 53-6 (b) The Texas Natural Resource Conservation Commission has 53-7 filed its recommendations relating to this Act with the governor, 53-8 lieutenant governor, and speaker of the house of representatives 53-9 within the required time. 53-10 (c) All requirements of the constitution and laws of this 53-11 state and of the rules and procedures of the legislature with 53-12 respect to the notice, introduction, and passage of this Act are 53-13 fulfilled and accomplished. 53-14 SECTION 7.02. EXISTING COUNTIES, RIVER AUTHORITIES, AND 53-15 UNDERGROUND WATER CONSERVATION DISTRICTS. (a) Notwithstanding any 53-16 provision of this Act, this Act does not impair, limit, supersede, 53-17 or alter the powers, rights, privileges, duties, functions, or 53-18 jurisdiction of a river authority in existence on the effective 53-19 date of this Act the territory of which comprises at least three 53-20 counties and includes all or part of the district, except that such 53-21 a river authority may not impose or apply any regulatory ordinance, 53-22 rule, or regulation within the district without the agreement of 53-23 the district. 53-24 (b) Notwithstanding any provision of this Act, this Act does 53-25 not impair, limit, supersede, or alter the powers, rights, 53-26 privileges, duties, functions, or jurisdiction of an underground 53-27 water conservation district created under or governed by Chapter 54-1 52, Water Code, or a county in existence on the effective date of 54-2 this Act, the territory of which includes all or part of the 54-3 district, except that such an underground water conservation 54-4 district or county may not impose or apply without agreement of the 54-5 district any regulatory ordinance, rule, or regulation within the 54-6 district that: 54-7 (1) is inconsistent with the requirements of Sections 54-8 3.01(c)(4) and 3.07(a) of this Act; or 54-9 (2) has not been adopted and approved by the board of 54-10 directors of the underground water conservation district or 54-11 commissioners court of the county, as applicable. 54-12 SECTION 7.021. Notwithstanding any other provision of this 54-13 Act, this Act shall not limit, impair, supersede, or alter the 54-14 powers, duties, rights, privileges, functions, or jurisdiction of a 54-15 groundwater conservation district created under Section 59, Article 54-16 XVI, Texas Constitution, in existence on the effective date of this 54-17 Act that is composed in whole or in part of the territory of the 54-18 district. 54-19 SECTION 7.03. EXISTING SERVICE. A local government 54-20 providing water, wastewater, drainage, or solid waste disposal 54-21 service to an area within the district on January 1, 1995, shall 54-22 continue to provide the service to all applicants for the service 54-23 located within the local government's service area on January 1, 54-24 1995. If, on January 1, 1995, a contract exists that applies to a 54-25 local government's provision of water, wastewater, drainage, or 54-26 solid waste disposal service within the district, then the local 54-27 government's obligation to provide service is governed by the 55-1 contract during the contract's term. 55-2 SECTION 7.04. SEVERABILITY. If any portion of this Act or 55-3 the application of any portion of this Act to any person or set of 55-4 circumstances is held by a court to be unconstitutional, void, 55-5 invalid, or unenforceable, the validity of the remaining portions 55-6 of this Act or the application of the challenged portion of the Act 55-7 to other persons or sets of circumstances shall not be affected by 55-8 the court's holding. It is the intent of the legislature in 55-9 adopting this Act that no portion of the Act become inoperative or 55-10 fail by reason of the unconstitutionality or invalidity of any 55-11 other portion of the Act. 55-12 SECTION 7.05. EMERGENCY. The importance of this legislation 55-13 and the crowded condition of the calendars in both houses create an 55-14 emergency and an imperative public necessity that the 55-15 constitutional rule requiring bills to be read on three several 55-16 days in each house be suspended, and this rule is hereby suspended, 55-17 and that this Act take effect and be in force from and after its 55-18 passage, and it is so enacted.