74R11131 KKA-D By Saunders H.B. No. 3193 Substitute the following for H.B. No. 3193: By Saunders C.S.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: 3-2 (1) three members appointed by the governor; 3-3 (2) three members appointed by the lieutenant 3-4 governor; and 3-5 (3) three additional members appointed by the 3-6 lieutenant governor from a list provided by the speaker of the 3-7 house of representatives. 3-8 (c) In appointing members under Subsection (b)(3) of this 3-9 section, the lieutenant governor may reject the names on the list 3-10 and request another list from the speaker. 3-11 SECTION 2.02. DIRECTOR ELIGIBILITY. To be eligible for 3-12 appointment as a director, a person must be a resident of Travis 3-13 County. At least five of the directors must reside in the 3-14 district. 3-15 SECTION 2.03. TERMS OF DIRECTORS AND APPOINTMENT PROCEDURES. 3-16 (a) Other than initial directors, directors are appointed for 3-17 staggered terms of six years with three members' terms expiring 3-18 September 1 of each odd-numbered year. 3-19 (b) Appointment of initial directors shall be made promptly 3-20 after this Act takes effect. The governor and lieutenant governor 3-21 each shall appoint one initial director to serve a term expiring 3-22 September 1, 1997, one initial director to serve a term expiring 3-23 September 1, 1999, and one initial director to serve a term 3-24 expiring September 1, 2001. In addition, the lieutenant governor 3-25 shall appoint three initial directors from a list provided by the 3-26 speaker of the house of representatives with one to serve a term 3-27 expiring September 1, 1997, one to serve a term expiring September 4-1 1, 1999, and one to serve a term expiring September 1, 2001. 4-2 (c) When a director's term expires, the person who appointed 4-3 the director shall appoint a successor. 4-4 (d) When a director dies, resigns, or is otherwise removed, 4-5 the person who appointed the director shall appoint a successor to 4-6 serve for the unexpired term. 4-7 SECTION 2.04. QUALIFICATION OF DIRECTOR. Each director must 4-8 qualify to serve as director in the manner provided by Sections 4-9 51.078 and 51.079, Water Code. The district shall pay the premiums 4-10 for each director's bond required under Section 51.079, Water Code. 4-11 SECTION 2.05. MEETINGS AND ACTIONS OF THE BOARD. (a) The 4-12 board shall adopt bylaws at its first meeting or as soon after the 4-13 first meeting as is practicable. 4-14 (b) The board shall meet at least four times each year, and 4-15 may meet at any other time provided in its bylaws. 4-16 (c) A majority of the directors constitutes a quorum for the 4-17 transaction of business. Except as otherwise provided in this Act, 4-18 the vote of a majority of directors present at a meeting at which a 4-19 quorum is present is required for board action. 4-20 SECTION 2.06. ORGANIZATION OF BOARD. (a) The board shall 4-21 elect from its members a chair, vice chair, secretary, and other 4-22 officers as necessary. A person elected to a board office serves 4-23 in that capacity for a period of two years or until the person 4-24 ceases to be a director, whichever occurs first. An officer's 4-25 period of service begins at a time provided by the bylaws. 4-26 (b) If a vacancy occurs in a board office, the directors 4-27 shall elect a person to fill the unexpired period of service at the 5-1 next board meeting. 5-2 (c) The board by its bylaws shall prescribe: 5-3 (1) the powers and duties of each board office; and 5-4 (2) procedures to remove a director from a board 5-5 office. 5-6 SECTION 2.07. INTEREST IN CONTRACT. A director who is 5-7 financially interested in a contract proposed to be executed by the 5-8 district for the purchase of property or services or the 5-9 construction of facilities shall disclose the interest to the board 5-10 and may not vote on acceptance of the contract. 5-11 SECTION 2.08. DIRECTOR'S COMPENSATION. (a) Subject to 5-12 Subsection (b), a director is entitled to receive an allowance of 5-13 $50 a day and reimbursement for actual and necessary expenses 5-14 incurred: 5-15 (1) for each day the director attends a meeting of the 5-16 board; and 5-17 (2) for each day the board authorizes the director to 5-18 attend to district business. 5-19 (b) A director may not receive a per diem allowance for more 5-20 than 20 days in a calendar year. 5-21 SECTION 2.09. GENERAL MANAGER. (a) The board shall employ 5-22 a general manager for a term and salary set by the board. 5-23 (b) The general manager is the chief executive officer of 5-24 the district. In accordance with policies adopted by the board, 5-25 the general manager is responsible for: 5-26 (1) administering the board's directives; 5-27 (2) keeping the district's records, including minutes 6-1 of board meetings; 6-2 (3) coordinating with state, federal, and local 6-3 agencies; 6-4 (4) developing plans and programs for the board's 6-5 approval; 6-6 (5) hiring, supervising, training, and discharging the 6-7 district's employees; 6-8 (6) obtaining technical, scientific, legal, fiscal, 6-9 and other professional services; and 6-10 (7) performing any other duties the board assigns. 6-11 (c) The board may discharge the general manager. 6-12 SECTION 2.10. EMPLOYEES BONDS. (a) The general manager and 6-13 each employee of the district who is charged with the collection, 6-14 custody, or payment of any money of the district shall execute a 6-15 fidelity bond in an amount determined by the board and in a form 6-16 and with a surety approved by the board. 6-17 (b) The district shall pay the premiums on the employees' 6-18 bonds under this section. 6-19 SECTION 2.11. PRINCIPAL OFFICE. The district shall maintain 6-20 its principal office inside the district. 6-21 SECTION 2.12. RECORDS. (a) The district shall keep: 6-22 (1) complete and accurate accounts of its business 6-23 transactions in accordance with generally accepted methods of 6-24 accounting; 6-25 (2) complete and accurate minutes of its meetings; and 6-26 (3) its accounts, contracts, documents, minutes, and 6-27 other records at its principal office. 7-1 (b) The district shall permit reasonable public inspection 7-2 of its records during regular business hours. 7-3 SECTION 2.13. SEAL. The district shall adopt a seal and may 7-4 change the seal from time to time. 7-5 SECTION 2.14. SUIT. The district may sue and be sued in its 7-6 corporate name. 7-7 ARTICLE 3. POWERS AND DUTIES 7-8 SECTION 3.01. GENERAL POWERS AND DUTIES. (a) The district 7-9 shall: 7-10 (1) administer and enforce the terms of this Act; 7-11 (2) use its facilities and powers to accomplish the 7-12 purposes of this Act; 7-13 (3) coordinate the provision of water, wastewater, 7-14 solid waste disposal, and drainage services in the district; and 7-15 (4) control and abate water pollution in the district. 7-16 (b) Except as otherwise provided in this Act, the creation 7-17 of a local government or political subdivision in the district is 7-18 prohibited unless approved by board resolution. Annexation of 7-19 district territory by a local government or political subdivision 7-20 is prohibited unless approved by all owners of land to be annexed 7-21 and by board resolution. All area within the district is removed 7-22 and excluded from the extraterritorial jurisdiction of any local 7-23 government or other political subdivision in the state. 7-24 (c) Subject only to the commission's authority, the district 7-25 has exclusive authority in the district, superseding the authority 7-26 of any local government, to: 7-27 (1) regulate septic tanks; 8-1 (2) prohibit the pollution of and enforce rules 8-2 regarding any stream, drain, or tributary that may constitute a 8-3 source of water supply; 8-4 (3) adopt and enforce rules protecting a watershed; 8-5 (4) provide for the protection and management of an 8-6 endangered species located within the district or affected by 8-7 activities in the district; 8-8 (5) regulate the subdivision of land; 8-9 (6) regulate all zoning and land use; 8-10 (7) regulate resource extraction activities; and 8-11 (8) regulate the use and development of public 8-12 parkland. 8-13 (d) Subject only to the commission's authority, the district 8-14 has exclusive authority, superseding the authority of any local 8-15 government, 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) Venue for a suit under this section is in Hays County. 10-20 (d) If a person challenges in court the validity of all or 10-21 any portion of this Act and does not prevail in the challenge, the 10-22 court shall order the person to pay the reasonable attorney's fees, 10-23 expert witness fees, and other costs incurred by all opposing 10-24 parties in defending this Act. 10-25 SECTION 3.07. WATER QUALITY STANDARDS AND CRITERIA. (a) 10-26 The board shall prescribe a water pollution control and abatement 10-27 program for the district after public hearing. The program must: 11-1 (1) apply equally and uniformly throughout the 11-2 district; and 11-3 (2) be designed to achieve state water quality 11-4 standards adopted by the commission and in effect on January 1, 11-5 1995. 11-6 (b) The district shall submit the program to the commission 11-7 for review and approval. The commission by rule may provide 11-8 criteria for the review and approval of the program, based on 11-9 achieving state water quality standards adopted by the commission 11-10 and in effect on January 1, 1995. 11-11 (c) If the commission finds that the proposed program will 11-12 not achieve state water quality standards, it shall notify the 11-13 district in writing of the specific objections not later than the 11-14 30th day after receipt of the proposed program. The district may 11-15 amend the proposed program in response to the commission's 11-16 objections. If the district amends the proposed program in 11-17 response to the commission's objections, the commission shall 11-18 promptly notify the district in writing whether the commission 11-19 approves the proposal as amended. 11-20 (d) If the commission does not notify the district that it 11-21 objects to the proposed program as required by Subsection (c), the 11-22 program shall become operative on the 31st day after the commission 11-23 receives the proposed program. If the commission notifies the 11-24 district as required by Subsection (c) that it finds the proposed 11-25 program will not achieve state water quality standards, the program 11-26 may not become operative until the date on which the commission 11-27 approves the program. 12-1 (e) The commission shall adopt and assess fees adequate to 12-2 recover the costs of the commission in administering this section. 12-3 SECTION 3.08. WATER, WASTEWATER, OR DRAINAGE CONTROL PLANS. 12-4 (a) The district shall, as needed, develop, prepare, and revise 12-5 comprehensive water, wastewater, or drainage control plans for 12-6 various areas of the district. The plans must be consistent with 12-7 state water quality standards adopted by the commission and in 12-8 effect on January 1, 1995. 12-9 (b) This Act does not authorize the district to: 12-10 (1) develop, own, or operate a surface water dam or 12-11 reservoir for potable water supply purposes; or 12-12 (2) limit or supersede an existing water management 12-13 plan, water right, or water supply or wastewater treatment facility 12-14 of a conservation and reclamation district in existence on the 12-15 effective date of this Act the territory of which comprises at 12-16 least three counties and includes all or part of the district 12-17 territory. 12-18 SECTION 3.09. REGULATION OF SOLID WASTE. (a) The district 12-19 has the powers and duties relating to the regulation of solid waste 12-20 granted to a local government under Subchapter E, Chapter 361, and 12-21 Chapter 364, Health and Safety Code. 12-22 (b) The district may adopt rules to implement the powers and 12-23 duties authorized by this section. 12-24 SECTION 3.10. SEPTIC TANKS. (a) If the district finds that 12-25 the nature of the soil or drainage in the district requires 12-26 regulation of septic tanks to prevent water pollution or to 12-27 protect the public health, the district by rule may: 13-1 (1) restrict the number and types of septic tanks 13-2 permitted in a specified area; 13-3 (2) forbid the use of a septic tank in a specified 13-4 area; 13-5 (3) forbid the installation of a new septic tank in a 13-6 specified area; 13-7 (4) establish a permit system for the installation of 13-8 a new septic tank in a specified area; or 13-9 (5) seek a gradual reduction of the number or types of 13-10 septic tanks in a specified area. 13-11 (b) Before the board adopts a rule under this section, the 13-12 board shall: 13-13 (1) consult with the commission; and 13-14 (2) hold a public hearing in the area to be affected 13-15 by the rule. 13-16 SECTION 3.11. SUBDIVISIONS. (a) Subject only to the power 13-17 and jurisdiction, as modified by this Act, of a county under 13-18 Chapter 232, Local Government Code, the district has the exclusive 13-19 power and jurisdiction, superseding the power and jurisdiction of 13-20 any other local government, to approve a plat or replat required of 13-21 a tract of land located within the district. A plat or replat may 13-22 not be filed with the county clerk without the approval of both the 13-23 district and the county with jurisdiction over the land. If a 13-24 county regulation regarding the subdivision of land conflicts with 13-25 a district regulation, the district regulation supersedes the 13-26 county regulation. 13-27 (b) Subject to Subsection (a) of this section, the district 14-1 and the county must approve a plat or replat that satisfies the 14-2 uniform, nondiscriminatory requirements established by the 14-3 commissioners court of the county under Section 232.003, Local 14-4 Government Code. The district and the county shall act on a plat 14-5 or replat not later than the 30th day after the date the plat or 14-6 replat is filed. A plat or replat is approved unless before the 14-7 31st day after the date the plat or replat is filed: 14-8 (1) the plat or replat is expressly disapproved; and 14-9 (2) a statement of the specific manner in which the 14-10 plat or replat fails to satisfy all applicable regulations is given 14-11 to the owner of the land included in the plat or replat. 14-12 (c) With respect to land within the district, the district 14-13 and a county may not regulate: 14-14 (1) the use of any building or property for business, 14-15 industrial, residential, or other purposes; 14-16 (2) the size, bulk, height, location, or number of 14-17 buildings and other structures that may be constructed or the ratio 14-18 of building area to land area; 14-19 (3) the number of residential units that may be built; 14-20 or 14-21 (4) the size of yards, courts, other open areas, or 14-22 the impervious cover that may be constructed on a tract of land. 14-23 SECTION 3.12. MUNICIPAL UTILITY DISTRICTS. (a) The 14-24 creation of a municipal utility district in the district shall be 14-25 regulated only by the commission. The consent of the district or 14-26 any local government or other political subdivision in the state is 14-27 not required to create a municipal utility district in the 15-1 district. 15-2 (b) The district has exclusive authority to enforce, amend, 15-3 or terminate the provisions of any agreement between or that 15-4 applies to a municipal utility district located within the district 15-5 and any local government or other political subdivision in the 15-6 state relating to: 15-7 (1) land use or site plans; 15-8 (2) restrictive covenants; 15-9 (3) the provision of drainage and solid waste disposal 15-10 services; 15-11 (4) the regulation of septic tanks; 15-12 (5) the control and abatement of water pollution; 15-13 (6) the prohibition of pollution and policing of any 15-14 source of water supply; or 15-15 (7) the protection and policing of watersheds within 15-16 the district. 15-17 (c) The authority granted by Subsection (b) of this section 15-18 supersedes the authority of any local government or other political 15-19 subdivision in the state regarding the matters described by 15-20 Subsection (b) of this section. 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 conservation and reclamation 17-26 district in existence on the effective date of this Act the 17-27 territory of which comprises at least three counties and includes 18-1 all or part of the district 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. 18-14 (b) This section does not apply to an easement of a 18-15 conservation and reclamation district in existence on the effective 18-16 date of this Act the territory of which comprises at least three 18-17 counties and includes all or part of the district territory. 18-18 SECTION 3.20. ACQUISITION AND DISPOSITION OF PROPERTY. (a) 18-19 The district may purchase, lease, acquire by gift, maintain, use, 18-20 or operate property of any kind that is appropriate for the 18-21 exercise of its functions. 18-22 (b) The board may sell to the highest bidder, at a public or 18-23 private sale, or may exchange any property owned by the district 18-24 that is not required to carry out the district's purposes. Before 18-25 conducting a public or a private sale of property, the district 18-26 shall give notice of its intent to sell the property by publishing 18-27 notice once a week for two consecutive weeks in a newspaper of 19-1 general circulation in the district. 19-2 SECTION 3.21. FACILITIES. The district may acquire, 19-3 construct, extend, improve, maintain, reconstruct, use, or operate 19-4 any facility necessary or convenient to the exercise of its powers, 19-5 rights, duties, or functions. 19-6 SECTION 3.22. CONTRACTS. (a) The district may make 19-7 contracts and execute instruments necessary or convenient to the 19-8 exercise of its powers, rights, duties, or functions. The district 19-9 may not enter into a contract with a term greater than 50 years. 19-10 (b) This section does not prohibit the district from 19-11 purchasing surplus property from the United States through a 19-12 negotiated contract without bids. 19-13 (c) An officer, agent, or employee of the district who is 19-14 financially interested in a contract of the type described in 19-15 Subsection (b) of this section shall disclose the interest to the 19-16 board before the board votes on the acceptance of the contract. 19-17 (d) Notwithstanding any provision of a municipality's 19-18 charter, a contract between the district and a municipality need 19-19 not be submitted to the municipality's electorate. 19-20 SECTION 3.23. COOPERATIVE AGREEMENTS. The district may 19-21 enter into cooperative agreements with other local governments, 19-22 state agencies, or agencies of the United States: 19-23 (1) to perform water, wastewater, drainage, or waste 19-24 disposal management, inspection, and enforcement functions and to 19-25 give technical aid and education services to any party to the 19-26 agreement; and 19-27 (2) to transfer money or property to any party to the 20-1 agreement for the purpose of water quality and waste disposal 20-2 management, inspection, enforcement, and technical aid and 20-3 education. 20-4 ARTICLE 4. GENERAL FISCAL PROVISIONS 20-5 SECTION 4.01. DISBURSEMENT OF MONEY. The district may 20-6 disburse money only by check, draft, order, or other instrument 20-7 signed by the person or persons authorized in the board's bylaws or 20-8 by board resolution. 20-9 SECTION 4.02. FEES AND CHARGES. The district may establish 20-10 fees and charges not to exceed the amounts necessary to enable the 20-11 district to fulfill the obligations imposed on it by this Act. 20-12 SECTION 4.03. LOANS AND GRANTS. (a) The district may 20-13 borrow money and accept grants for its corporate purposes. 20-14 (b) The district may borrow money and accept grants from 20-15 private sources, the United States, the state, and local 20-16 governments. The district may enter into any agreement in 20-17 connection with a loan or grant that does not conflict with state 20-18 or federal law. 20-19 (c) Information of the source, amount, and any restriction 20-20 on expenditure of money the district accepts is public information. 20-21 SECTION 4.04. FISCAL YEAR. The board shall establish the 20-22 district's fiscal year. 20-23 SECTION 4.05. INDEPENDENT AUDIT AND REPORT. (a) The board 20-24 shall have an audit of the district's affairs for each fiscal year 20-25 prepared by an independent certified public accountant of 20-26 recognized integrity and ability. 20-27 (b) The district shall keep at least one copy of the most 21-1 recent audit at the district's principal office. 21-2 (c) The district shall make a copy of the most recent audit 21-3 available for inspection by any interested person during regular 21-4 business hours. 21-5 SECTION 4.06. DEPOSITORY BANKS. (a) The board shall 21-6 designate one or more banks to serve as depository for the 21-7 district's money. The district shall deposit all of its money in 21-8 the designated depository bank or banks, except: 21-9 (1) to the extent provided in a trust indenture, the 21-10 district may deposit bond proceeds and money pledged to pay bonds 21-11 with the trustee bank named in the trust indenture; and 21-12 (2) money pledged to pay bonds shall be remitted to 21-13 the bank of payment for the payment of principal and interest on 21-14 bonds. 21-15 (b) To the extent that money in a depository bank or trustee 21-16 bank is not invested or insured by the Federal Deposit Insurance 21-17 Corporation, the money shall be secured in the manner provided by 21-18 law for the security of state money. 21-19 (c) Before designating a depository bank, the board shall 21-20 publish notice at least once in a newspaper of general circulation 21-21 in the district requesting applications from banks interested in 21-22 serving as a depository. The notice shall include the time and 21-23 location of the board meeting at which the board proposes to 21-24 designate a depository bank. The board shall prescribe the term of 21-25 service of a depository bank. 21-26 (d) At the time stated in the notice required by Subsection 21-27 (c), the board shall consider the applications received and the 22-1 management and condition of each bank that files an application. 22-2 The board may designate as a depository the bank or banks that 22-3 offer the most favorable terms and conditions for the handling of 22-4 the district's money and that have proper management and the 22-5 ability to properly handle the district's money. Membership of an 22-6 officer or director of a bank on the board of the district does not 22-7 disqualify the bank from being designated as a depository. 22-8 (e) If no application is received by the time stated in the 22-9 notice, the board may designate a bank or banks on such terms and 22-10 conditions as the board considers prudent. 22-11 ARTICLE 5. BOND AND TAX PROVISIONS 22-12 SECTION 5.01. REVENUE BONDS. (a) For the purpose of 22-13 carrying out a power or authority conferred by this Act, the 22-14 district may issue bonds secured by a pledge of all or part of the 22-15 revenues accruing to the district from a source other than ad 22-16 valorem taxes, including money received from tolls, charges, the 22-17 sale of water or other products, and the provision of services. 22-18 (b) The district's bonds shall: 22-19 (1) be authorized by board resolution; 22-20 (2) be issued in the district's name; 22-21 (3) be signed by the chair or vice chair; 22-22 (4) be attested by the secretary; and 22-23 (5) bear the district's seal. 22-24 (c) The board may prescribe the form, denomination, and 22-25 interest rate of bonds issued by the district, except that bonds 22-26 must mature serially or otherwise not more than 50 years after 22-27 their date. The board may sell bonds at prices and under terms 23-1 that the board determines to be the most advantageous reasonably 23-2 available. The district's bonds may be made redeemable before 23-3 maturity at times and prices prescribed in the bonds. The 23-4 district's bonds may be secured by an indenture of trust with a 23-5 corporate trustee. 23-6 (d) The district may issue bonds in more than one series as 23-7 required for carrying out the purposes of this Act. The district 23-8 may, in issuing bonds secured by the district's revenues, reserve 23-9 the right to issue additional bonds secured by the district's 23-10 revenues that are on a parity with or are senior or subordinate to 23-11 the bonds issued earlier. 23-12 (e) The resolution authorizing the bonds or the trust 23-13 indenture securing the bonds may specify additional provisions that 23-14 shall constitute a contract between the district and its 23-15 bondholders. The board may provide: 23-16 (1) for additional bond provisions; and 23-17 (2) for a corporate trustee or receiver to take 23-18 possession of the district's facilities if the district defaults. 23-19 SECTION 5.02. REFUNDING BONDS. (a) The district may issue 23-20 refunding bonds to refund outstanding bonds and interest authorized 23-21 by this Act. 23-22 (b) Refunding bonds may: 23-23 (1) be issued to refund one or more series of 23-24 outstanding bonds; 23-25 (2) combine the pledges for the outstanding bonds for 23-26 the security of the refunding bonds; and 23-27 (3) be secured by other or additional revenues. 24-1 (c) The provisions of this Act applicable to the district's 24-2 issuance of other bonds, their security, their approval by the 24-3 attorney general, and the remedies of the holders are applicable to 24-4 refunding bonds. 24-5 (d) Refunding bonds shall be registered by the comptroller 24-6 of public accounts on surrender and cancellation of the bonds to be 24-7 refunded. Alternatively, the resolution authorizing the issuance 24-8 of refunding bonds may provide that the bonds shall be sold and the 24-9 resulting proceeds deposited in the bank where the bonds to be 24-10 refunded are payable, in which case the refunding bonds may be 24-11 issued in an amount sufficient to pay the principal and interest of 24-12 the bonds to be refunded to their option or maturity date. The 24-13 comptroller of public accounts shall register the refunding bonds 24-14 without concurrent surrender and cancellation of the bonds to be 24-15 refunded. 24-16 SECTION 5.03. APPROVAL AND REGISTRATION OF BONDS. After the 24-17 district authorizes any bonds, the district shall submit the bonds 24-18 and the record relating to their issuance to the attorney general 24-19 for approval. If the bonds are secured by a pledge of the proceeds 24-20 of a contract between the district and a municipality or other 24-21 governmental agency, authority, or district, the district shall 24-22 submit to the attorney general a copy of the contract and the 24-23 proceedings of the municipality or other governmental agency, 24-24 authority, or district authorizing the contract. If the attorney 24-25 general finds that the bonds have been authorized and the 24-26 contracts, if any, have been made in accordance with the 24-27 constitution and laws of the state, the attorney general shall 25-1 approve the bonds and contracts. On approval, the bonds shall then 25-2 be registered by the comptroller of public accounts. 25-3 SECTION 5.04. BOND ELECTION. The district may issue bonds 25-4 without an election. 25-5 SECTION 5.05. AUTHORIZED INVESTMENTS. Bonds and refunding 25-6 bonds of the district are legal, eligible, and authorized 25-7 investments for a public fund of the state, including the State 25-8 Permanent School Fund, or a state agency. 25-9 SECTION 5.06. AD VALOREM TAXATION. (a) Except as provided 25-10 by Subsection (b), the district may not levy and collect ad valorem 25-11 taxes. 25-12 (b) The qualified voters in the district may, in an election 25-13 called for that purpose, authorize the district to levy and collect 25-14 ad valorem taxes for the maintenance of the district and its 25-15 improvements. 25-16 ARTICLE 6. DISTRICT BOUNDARIES 25-17 SECTION 6.01. DESCRIPTION OF BOUNDARIES. The district 25-18 includes all the territory contained within the following area, 25-19 whether the territory contains noncontiguous parcels of land and 25-20 whether the territory is located within the boundaries of any 25-21 municipality or other governmental entity or political subdivision 25-22 of the state: 25-23 The 4,661.248 acre tract out of the John Moore Survey No. 66, the 25-24 Jesse Williams Survey No. 62, the Samuel Hamilton Survey No. 16, 25-25 the John G. McGeeHee Survey No. 6, the Thomas Brite Survey No. 65, 25-26 the J. D. Cady Survey Abstract No. 139, the C. W. Hudson Survey No. 25-27 43, the Richard Hailey Survey No. 35, the Corbet Stevens Survey No. 26-1 63, the J. Burleson Survey No. 64, the John M. Bright Survey No. 26-2 63, the C. W. Hudson Survey No. 43, the H. Haigwood Survey No. 433, 26-3 the H. W. Cocke Survey No. 432 and the H. W. Cocke Survey No. 83, 26-4 Travis County, Texas, being a portion of that 2,807.1345 acre 26-5 tract, described as Tract 1, all of that 538.5087 acre tract, 26-6 described as Tract 2, a portion of that 214.8756 acre tract, 26-7 described as Tract 3, and all of that 100.0000 acre tract, 26-8 described as Tract 4 all conveyed by deed to Circle C Land Corp. 26-9 recorded in Volume 11620, Page 1126 of the Travis County Deed 26-10 Records, all of that 11.7446 acre tract contained within the 26-11 aforesaid 214.8756 acre tract, as dedicated for Slaughter Lane 26-12 (120.00' right-of-way), by plat recorded in Book 86, Pages 180C and 26-13 180D of the Travis County Plat Records, all of that 79.9863 acre 26-14 tract conveyed to the City of Austin by deed recorded in Volume 26-15 9495, Page 275, of the said Deed Records, all of that 46.50000 acre 26-16 tract conveyed to the City of Austin, by deed recorded in Volume 26-17 9495, Page 289 of the said Deed Records, all of that 285.4585 acre 26-18 tract, conveyed to the City of Austin by deed recorded in Volume 26-19 9495, Page 281 of the said Deed Records, a 25.4133 acre portion of 26-20 that 412.3003 acre tract conveyed to Ira John Yates by deed 26-21 recorded in Volume 10166, Page 726 of the said Deed Records, all of 26-22 that 85.033 acre tract conveyed to Mopac South Transportation 26-23 Corporation by deed recorded in Volume 10719, Page 926 of the said 26-24 Deed Records, all of that 13.845 acre tract conveyed to Mopac South 26-25 Transportation Corporation by deed recorded in Volume 10719, Page 26-26 920 of the said Deed Records, all of that 99.560 acre tract 26-27 conveyed to R. Alan Haywood, Trustee by deed recorded in Volume 27-1 11505, Page 55 of the said Deed Records, all of that 100.2215 acre 27-2 tract, described as Parcel "A", conveyed to Carlene H. Klaus by 27-3 deed recorded in Volume 9724, Page 329 of the said Deed Records, 27-4 all of that 100.2215 acre tract, described as Parcel "B", conveyed 27-5 to Ursula H. Kutra by deed recorded in Volume 9724, Page 317 of the 27-6 said Deed Records, all of that 100.2215 acre tract, described as 27-7 Parcel "C", conveyed to Amelia H. Mettke by deed recorded in Volume 27-8 9724, Page 321 of the said Deed Records, a portion of that certain 27-9 126.73 acre tract, conveyed to Mrs. Ruby Pauls Spillar by deed 27-10 recorded in Volume 700, Page 369 of the said Deed Records, and 27-11 being a portion of 1248.93 acres, described as various tracts, 27-12 conveyed to Mrs. Ruby Pauls Spillar by deed recorded in Volume 118, 27-13 Page 455 of the Said Deed Records; the said 4,661.248 acre tract 27-14 being more particularly described as follows: 27-15 BEGINNING at a 5/8" iron rod found in the easterly 27-16 right-of-way line of State Highway F.M. 1826 (80' wide) being the 27-17 northwest corner of the said 538.5087 acre tract, a point in the 27-18 southerly line of those tracts of land conveyed to Oak Hill Heights 27-19 Joint Venture by deed recorded in Volume 8154, Page 552, and the 27-20 most westerly point of a boundary line agreement between Jack Mann 27-21 and Josephene Turnbull as described in a deed recorded in Volume 27-22 1133, Page 464 of the said Deed Records; 27-23 THENCE, in a southeasterly direction along the line as 27-24 established by the said boundary line agreement, being the 27-25 northerly line of the 538.5087 acre tract and the southerly line of 27-26 the said Oak Hill Heights Joint Venture, tracts for the following 27-27 nine (9) courses: 28-1 1) S5922'13"E, 133.45 feet to a 1/2" iron pipe found; 28-2 2) S5933'32"E, 676.69 feet to a 5/8" iron rod found; 28-3 3) S5953'12"E, 415.00 feet to a 5/8" iron rod found; 28-4 4) S6013'30"E, 358.42 feet to a 5/8" iron rod found; 28-5 5) S6029'18"E, 157.98 feet to a 1/2" iron rod found for the 28-6 northeast corner of the said 70.96 acre tract, being the northwest 28-7 corner of the 154.44 acre tract; 28-8 6) S6027'13"E, 482.95 feet to a 1/2" iron pipe found; 28-9 7) S6059'20"E, 834.39 feet to a 1/2" iron pipe found; 28-10 8) S6114'02"E, 646.28 feet to a 1/2" iron pipe found; 28-11 9) S6141'08"E, 306.72 feet to a 1/2" iron pipe found; 28-12 THENCE, S6206'50"E, 332.04 feet to a 1/2" iron pipe found 28-13 for the most easterly corner of the aforesaid boundary line 28-14 agreement, being a northeast corner of the 538.5087 acre tract, the 28-15 southeast corner of the said Oak Hill Heights Joint Venture tracts 28-16 and a point in a westerly line of that 479.58 acre tract conveyed 28-17 to Village Joint Venture by deed recorded in Volume 8539, Page 511 28-18 of the Deed Records of Travis County, Texas; 28-19 THENCE, S3005'47"W, at approximately 1,833.10 feet pass the 28-20 northwest corner of the Village at Western Oaks Subdivision, 28-21 Section 16-A, recorded in Book 86, Pages 62A through 62D, for a 28-22 total distance of 2,399.06 feet to a 5/8" iron rod found; 28-23 THENCE, S2950'30"W, with the easterly line of the said 28-24 538.5087 acre tract, 276.17 feet to a 1/2" iron pipe found for the 28-25 southwest corner of Village at Western Oaks, Section 16-A, being an 28-26 ell corner of the aforesaid 538.5087 acre tract, and a point on the 28-27 centerline of an existing Humble Pipeline Company, pipeline 29-1 easement described in a deed recorded in Volume 994, Page 397 of 29-2 the said Deed Records; 29-3 THENCE, S7011'10"E, with the said Humble Pipeline Company 29-4 easement, being the common line between the 538.5087 acre tract and 29-5 Village at Western Oaks, Section 16-A, at 600.33 feet pass a 1/2" 29-6 iron pipe found, at 1,831.37 feet pass a 1/2" iron pipe found, for 29-7 a total distance of 2,413.41 feet to a 1/2" iron rod set on a curve 29-8 to the left in the easterly right-of-way line of Escarpment 29-9 Boulevard (120.00 foot right-of-way) for the southeast corner of 29-10 the aforesaid Village at Western Oaks Subdivision, Section 16-A; 29-11 THENCE, S7011'10"E, continuing with the north line of the 29-12 538.5087 acre tract at 2,913.32 feet pass an iron pipe found at 29-13 3,651.25 feet pass a second iron pipe found, for a total distance 29-14 of 4,238.43 feet to an iron pipe found for the northeast corner of 29-15 the said 538.5087 acre tract, being the southeast corner of that 29-16 479.58 acre tract conveyed to Village Joint Venture by deed 29-17 recorded in Volume 8539, Page 511 and a point in the westerly line 29-18 of that 531.07 acre tract conveyed to Maple Run Joint Venture by 29-19 deed recorded in Volume 7979, Page 932, both of the said deed 29-20 records; the found pipe is also the southeast corner of the 29-21 right-of-way dedicated for State Highway Loop 1 as shown on a plat 29-22 of Village at Western Oaks, Section 21, a subdivision recorded in 29-23 Book 86, Page 145C of the Map Records of Travis County, Texas; 29-24 THENCE, S3040'24"W, with the common line between the 29-25 538.5087 acre tract and the 531.07 acre tract, 448.59 feet to an 29-26 iron rod found; 29-27 THENCE, S3040'33"W, continuing with the said common line 30-1 between the 538.5087 acre tract and the 531.07 acre tract, 450.39 30-2 feet to an iron rod found; 30-3 THENCE, S7200'01"E, continuing with the said common line, 30-4 158.07 feet to an iron rod found near the centerline of Slaughter 30-5 Creek. 30-6 THENCE, S0218'37"E, continuing with the said common line, at 30-7 230.03 feet pass an iron rod found for the most easterly corner of 30-8 the 538.5087 acre tract, and a northerly corner of the above 30-9 mentioned 285.4585 acre City of Austin tract, for a total distance 30-10 of 424.50 feet to an iron pipe found; 30-11 THENCE, leaving the southerly line of the 538.5087 acre 30-12 tract, along the common line between the said 531.07 acre tract and 30-13 the 285.4585 acre tract for the following eleven (11) courses: 30-14 1) S4145'47"E, for a distance of 96.65 feet to an iron rod 30-15 found; 30-16 2) S7631'42"E, for a distance of 110.76 feet to an iron rod 30-17 found; 30-18 3) N8420'26"E, for a distance of 172.94 feet to an iron rod 30-19 found; 30-20 4) S4757'27"E, for a distance of 109.79 feet to an iron rod 30-21 found; 30-22 5) S2042'20"W, for a distance of 195.48 feet to an iron rod 30-23 found; 30-24 6) S4326'45"E, for a distance of 149.92 feet to an iron rod 30-25 found; 30-26 7) S2111'38"E, for a distance of 141.55 feet to an iron rod 30-27 found; 31-1 8) S1335'11"W, for a distance of 148.65 feet to an iron rod 31-2 found; 31-3 9) S0515'39"E, for a distance of 347.41 feet to an iron rod 31-4 found; 31-5 10) S4023'14"W, for a distance of 269.29 feet to an iron 31-6 rod found; 31-7 11) S7931'14"W, for a distance of 58.41 feet to a point in 31-8 the centerline of Slaughter Creek; 31-9 THENCE, along the centerline of Slaughter Creek, continuing 31-10 with the above said common line between the 531.07 acre tract and 31-11 the 285.4585 acre tract for the following thirteen (13) courses; 31-12 1) S0822'19"W, for a distance of 407.97 feet to an iron rod 31-13 found; 31-14 2) S2626'53"W, for a distance of 329.10 feet to an iron rod 31-15 found; 31-16 3) S0543'44"W, for a distance of 314.04 feet to an iron rod 31-17 found; 31-18 4) S1157'05"E, for a distance of 304.24 feet to an iron rod 31-19 found; 31-20 5) S3706'33"E, for a distance of 176.12 feet to an iron rod 31-21 found; 31-22 6) S6458'21"E, for a distance of 264.75 feet to a nail 31-23 found; 31-24 7) N6439'39"E, for a distance of 295.20 feet to a point; 31-25 8) N8849'06"E, for a distance of 326.14 feet to an iron rod 31-26 found; 31-27 9) S7115'17"E, for a distance of 207.09 feet to an iron rod 32-1 found; 32-2 10) S0537'53"E, for a distance of 155.67 feet to a nail 32-3 found; 32-4 11) S3531'12"E, for a distance of 432.21 feet to an iron 32-5 rod found; 32-6 12) S5645'40"E, for a distance of 110.46 feet to an iron 32-7 pipe found; 32-8 13) S3528'15"E, at a distance of 310.95 feet pass an iron 32-9 pipe found on the east side of Slaughter Creek, for a total 32-10 distance of 323.72 feet to an iron rod found at a fence corner 32-11 post, for the most southerly corner of that certain 19.81 acre 32-12 tract of land conveyed to James W. Akins by a deed recorded in 32-13 Volume 4677, Page 1386 of the said Deed Records and a point in the 32-14 west line of the said 214.8756 acre tract; 32-15 THENCE, N2804'16"E, leaving the north line of the 285.4585 32-16 acre tract, along the common line between the 19.81 acre tract and 32-17 the 214.8756 acre tract, for a distance of 551.99 feet to a 1/2" 32-18 iron rod found; 32-19 THENCE, N2918'16"E, with the said common line between the 32-20 said 221.4613 acre tract and the 19.81 acre tract, 504.48 feet to a 32-21 1/2" iron rod found; 32-22 THENCE, N2951'30"E, with the said westerly line of the 32-23 221.4613 acre tract, at 538.05 feet pass a concrete monument found 32-24 in the southerly right-of-way line of Slaughter Lane (120.00 foot 32-25 right-of-way), at 695.41 feet pass a point in the northerly 32-26 right-of-way line of the aforesaid Slaughter Lane (11.7446 acres), 32-27 for a total distance of 843.60 feet to a 1/2" iron rod found for 33-1 the northwest corner of the abovesaid 214.8756 acre tract, being 33-2 the southwest corner of that certain tract conveyed to Clara Brooks 33-3 Chastain by deed recorded in Volume 6887, Page 178 and a point in 33-4 the easterly line of the remainder of that 531.07 acre tract 33-5 conveyed to Maple Run Joint Venture by deed recorded in Volume 33-6 7979, Page 932 both of the Deed Records of Travis County, Texas; 33-7 THENCE, S5957'00"E, leaving the easterly line of the said 33-8 531.07 acre tract, along the northerly line of the 214.8756 acre 33-9 tract, 638.74 feet to a 3/4" iron pipe found for the southeast 33-10 corner of the said Clara Brooks Chastain Tract, being the southwest 33-11 corner of that 199.65 acre tract conveyed to J.D. Carrol et. al. by 33-12 deed recorded in Volume 2522, Page 442 of the said Deed Records; 33-13 THENCE, with the common line between the said 214.8756 acre 33-14 tract and the 199.65 acre tract for the following four (4) courses: 33-15 1) S5953'05"E, 941.26 feet to a 3/4" iron pipe found; 33-16 2) S5944'07"E, 887.29 feet to a 3/4" iron pipe found; 33-17 3) S5925'09"E, 385.48 feet to a 3/4" iron pipe found; 33-18 4) S5938'47"E, 520.87 feet to a 1/2" iron rod found for the 33-19 most northerly northeast corner of the said 214.8756 acre tract, 33-20 being the northwest corner of that 5.1589 acre tract conveyed to 33-21 Gary L. Bradley, Trustee by deed recorded in Volume 8882, Page 748 33-22 of the said Deed Records; 33-23 THENCE, leaving the southerly line of the said 199.65 acre 33-24 tract, with the common line between the 214.8756 acre tract and the 33-25 5.1589 acre tract for the following two (2) courses: 33-26 1) S3030'08"W, 498.76 feet to a 1/2" iron rod found; 33-27 2) S5929'52"E, 450.00 feet to a 1/2" iron rod found for the 34-1 most easterly northeast corner of the 214.8756 acre tract, being 34-2 the southeast corner of the 5.1589 acre tract and a point in the 34-3 westerly right-of-way line of Brodie Lane (right-of-way varies); 34-4 THENCE, S3030'08"W, leaving the southerly line of the said 34-5 5.1589 acre tract, with the easterly line of the 214.8756 acre 34-6 tract, being the westerly right-of-way line of Brodie Lane, at 34-7 1,161.13 feet pass a point in the aforesaid northerly right-of-way 34-8 line of Slaughter Lane, at 1,311.13 feet pass a point in the 34-9 aforesaid southerly right-of-way line of Slaughter Lane, for a 34-10 total distance of 2,087.89 feet to a 1/2" iron rod found for the 34-11 southeast corner of the abovesaid 214.8756 acre tract, being a 34-12 point in the northerly line of that 400 acre tract conveyed to 34-13 George Barker by deed recorded in Volume 409, Page 158 of the said 34-14 Deed Records; 34-15 THENCE, with the common line between the said 214.8756 acre 34-16 tract and the 400 acre tract for the following eight (8) courses: 34-17 1) N5923'14"W, 357.99 feet to a 3/4" iron pipe found; 34-18 2) N5939'36"W, 234.36 feet to a 3/4" iron pipe found; 34-19 3) N6026'39"W, 371.13 feet to a 3/4" iron pipe found; 34-20 4) N6019'49"W, 607.54 feet to a 3/4" iron pipe found; 34-21 5) N6015'08"W, at 301.82 feet pass a concrete monument 34-22 found, at 371.82 feet pass a concrete monument found, for a total 34-23 distance of 968.19 feet to a 60d nail found in a fence post; 34-24 6) N6045'22"W, continuing with the southerly line of the 34-25 said 214.8756 acre tract, 9.27 feet to a 60d nail found in a fence 34-26 post; 34-27 7) N5935'12"W, continuing along the said southerly line of 35-1 the 214.8756 acre tract, 815.61 feet to a 3/4" iron pipe found; 35-2 8) N5925'45"W, for a distance of 410.57 feet to a concrete 35-3 monument found for the southwest corner of the said 214.8756 acre 35-4 tract, being a point in the easterly line of the said 285.4585 acre 35-5 tract and the northwest corner of the said 400 acre tract; 35-6 THENCE, S3014'54"W, leaving the southerly line of the said 35-7 214.8756 acre tract, with the westerly line of the 400 acre tract, 35-8 at 1,600.00 feet pass a 5/8" iron rod found for the most southerly 35-9 southeast corner of the 285.4585 acre tract, being a northeast 35-10 corner of the said 2807.1345 acre tract, for a total distance of 35-11 3,756.93 feet to a 60d nail found in a fence corner post for the 35-12 most southerly southeast corner of the said 2807.1345 acre tract, 35-13 being the northeast corner of that 2.72 acre tract conveyed to Ray 35-14 McGee by deed recorded in Volume 4647, Page 31 of the said Deed 35-15 Records; 35-16 THENCE, N6309'43"W, leaving the westerly line of the said 35-17 400 acre tract, with the southerly line of the 2807.1345 acre 35-18 tract, 231.13 feet to a 1/2" iron rod found for the northwest 35-19 corner of the said 2.72 acre tract, being the northeast corner of 35-20 that 6.7580 acre tract conveyed to Gary L. Bradley, Trustee by deed 35-21 recorded in Volume 10577, Page 414 of the Deed Records of Travis 35-22 County, Texas; 35-23 THENCE, N6226'14"W, at 425.00 feet pass a 1/2" iron rod 35-24 found for the northwest corner of the said 6.7580 acre tract, being 35-25 the northeast corner of that 1.0000 acre tract conveyed to Gary L. 35-26 Bradley, Trustee by deed recorded in Volume 10577, Page 402 of the 35-27 said Deed Records, at 575.00 feet pass a 1/2" iron rod found for 36-1 the northwest corner of the abovesaid 1.0000 acre tract, being the 36-2 northeast corner of that 1.0000 acre tract conveyed to Gary L. 36-3 Bradley, Trustee by deed recorded in Volume 10577, Page 406 of the 36-4 said Deed Records, at 725.00 feet pass a 1/2" iron rod found for 36-5 the northwest corner of the abovesaid 1.0000 acre tract, being the 36-6 northeast corner of that 1.0000 acre tract conveyed to Brian Lee 36-7 Williamson by deed recorded in Volume 8901, Page 11 of the said 36-8 Deed Records, at 875.00 feet pass a 1/2" iron rod found for the 36-9 northwest corner of the abovesaid 1.0000 acre Williamson Tract, 36-10 being the northeast corner of that 1.0000 acre tract conveyed to 36-11 Gary L. Bradley, Trustee by deed recorded in Volume 10577, Page 410 36-12 of the said Deed Records, at 1025.00 feet pass a 1/2" iron rod 36-13 found for the northwest corner of the abovesaid 1.0000 acre tract, 36-14 being a northerly northeast corner of that abovesaid 1.0000 acre 36-15 tract, being a northerly northeast corner of the said 412.3003 acre 36-16 tract, for a total distance of 1,952.31 feet to a 1/2" iron rod 36-17 found; 36-18 THENCE, with the common line between the said 2,807.1345 acre 36-19 tract and the 412.3003 acre tract for the following three (3) 36-20 courses: 36-21 1) N1354'38"E, 342.33 feet to a 1/2" iron rod found; 36-22 2) S8937'52"W, 501.38 feet to a 1/2" iron rod found; 36-23 3) S6347'26"W, 414.17 feet to a 1/2" iron rod found for the 36-24 northeast corner of a 5.000 acre tract conveyed to Polly Blanton 36-25 Brooks by a deed recorded in Volume 9807, Page 643 of the above 36-26 said Deed Records; 36-27 THENCE, through the 2,807.1345 acre tract, with the north, 37-1 west, and southerly lines of the 5.000 acre tract, the following 37-2 six (6) courses: 37-3 1) N6538'09"W, 415.32 feet to an iron rod found; 37-4 2) S5812'55"W, 207.33 feet to an iron rod found; 37-5 3) S0241'17"E, 301.21 feet to an iron rod found; 37-6 4) N8037'15"E, 92.49 feet to an iron rod found; 37-7 5) S7524'34"E, 416.79 feet to an iron rod found; 37-8 6) S8458'12"E, 142.05 feet to an iron rod found in the 37-9 abovesaid common line between the 2,807.1345 acre tract and the 37-10 412.3003 acre tract; 37-11 THENCE, S1539'52"E, along the said common line, 171.37 feet 37-12 to a 1/2" iron rod found; 37-13 THENCE, continuing with the above said common line, 37-14 S8718'43"W, 2,089.53 feet to a 1/2" iron rod found for the 37-15 northeast corner of the said 85.033 acre tract; 37-16 THENCE, across the said 412.3003 acre tract, with the 37-17 southeasterly line of the said 85.033 acre tract (State Highway 37-18 Loop 1), the following three (3) courses: 37-19 1) S5354'42"W, 276.49 feet to an iron rod found; 37-20 2) S3134'11"W, 1,886.12 feet to an iron rod found for the 37-21 point of curvature of a curve to the left; 37-22 3) With the said curve to the left, having a radius of 37-23 1,000.00 feet, a central angle of 2254'44", a chord distance of 37-24 397.23 feet (chord bears S2006'49"W), for an arc distance of 37-25 399.89 feet to an iron rod found for the intersection of the said 37-26 northerly right-of-way line of State Highway 45 with the 37-27 aforementioned common line between the 412.3003 acre tract and the 38-1 99.56 acre, R. Alan Haywood, Trustee, tract; the found iron rod 38-2 being also the northeast corner of the said 13.845 acre tract; 38-3 THENCE, S8945'07"E, with the north line of the said 99.560 38-4 acre tract, along the south line of the said 412.3003 acre tract, 38-5 1,943.93 feet to an iron rod found; 38-6 THENCE, S8941'17"E, leaving the said south line of the 38-7 remainder of the 412.3003 acre tract, along the north line of the 38-8 99.560 acre tract, for a distance of 436.73 feet to an iron rod 38-9 found for the northeast corner of the 99.560 acre tract, being a 38-10 northwest corner of that 118.757 acre tract conveyed by deed to 38-11 Alain P. Reveilhac, Trustee by deed recorded in Volume 8993, Page 38-12 867 of the said Deed Records; 38-13 THENCE, S0047'45"W, along the common line between the said 38-14 99.560 acre tract and the 118.757 acre tract, 932.88 feet to an 38-15 iron rod found for the southeast corner of the aforesaid 99.560 38-16 acre tract, being a northeast corner of the remainder of that 38-17 723.85 acre tract conveyed to Jack Andrewartha by deed recorded in 38-18 Volume 4413, page 388 of the said Deed Records; 38-19 THENCE, N8944'18"W, leaving the west line of the said 118.57 38-20 acre tract, along the common line between the 99.560 acre tract and 38-21 the remainder of the 723.85 acre tract, at 2,115.36 feet pass an 38-22 iron rod found for the southeast corner of the said 13.845 acre 38-23 tract, at 2,615.10 feet pass an iron rod found for the southeast 38-24 corner of the said 13.845 acre tract, for a total distance of 38-25 4,644.68 feet to an iron rod found for the southwest corner of the 38-26 aforesaid 99.560 acre tract, being a point in the east line of that 38-27 283 acre tract conveyed to Ira Jon Yates by deed recorded in Volume 39-1 7716, Page 845 of the said Deed Records; 39-2 THENCE, N0030'28"E, leaving the said north line of the 39-3 remainder of the 723.85 acre tract, along the common line between 39-4 the 99.560 acre tract and the 283 acre tract, for a distance of 39-5 932.24 feet to a 60d nail found in a fence corner post for the 39-6 northwest corner of the said 99.560 acre tract, being the northeast 39-7 corner of the aforesaid 283 acre tract and being in the southerly 39-8 line of the said 412.003 acre tract; 39-9 THENCE, S8945'07"E, leaving the east line of the said 283 39-10 acre tract, along the south line of the remainder of the 412.3003 39-11 acre tract, being the north line of the 99.560 acre tract, 1,329.07 39-12 feet to an iron rod found on a curve to the left for the northwest 39-13 corner of that 13.845 acre tract, being also the southwest corner 39-14 of that 85.033 acre tract conveyed to Mopac South Transportation 39-15 Corporation; 39-16 THENCE, leaving the north line of the said 99.560 acre tract, 39-17 across the said 412.3003 acre tract, along the southwest line of 39-18 the 85.033 acre tract, for the following three (3) courses: 39-19 1) with the said curve to the left, having a radius of 39-20 7,439.30 feet, a central angle of 0052'47", a chord distance of 39-21 114.22 feet (chord bears N4125'15"W), for an arc distance of 39-22 114.23 feet to an iron rod found for the point of tangency; 39-23 2) N4151'38"W, 2,184.35 feet to an iron rod found for the 39-24 point of curvature of a curve to the left; 39-25 3) with the said curve to the left, having a radius of 39-26 6,649.76 feet, a central angle of 0747'53", a chord distance of 39-27 904.34 feet (chord bears N4545'35"W), for an arc distance of 40-1 905.04 feet to an iron rod found for the intersection of the said 40-2 southwest line of the 85.033 acre tract (State Highway 45) with the 40-3 northerly line of the said 412.3003 acre tract, and the southerly 40-4 line of the 2,807.1345 acre tract; 40-5 THENCE, S8250'26"W, with the common line between the 40-6 2,807.1345 acre tract and the 412.3003 acre tract, 2,560.06 feet to 40-7 a 1/2" iron rod found in the west line of the said Samuel Hamilton 40-8 Survey No. 16, being the east line of the Thomas Brite Survey No. 40-9 65, for an ell corner of the said 2,807.1345 acre tract, being the 40-10 northwest corner of that 412.3003 acre tract mentioned above; 40-11 THENCE, S3031'27"W, along the west line of the Samuel 40-12 Hamilton Survey No. 16 and the east line of the Thomas Brite Survey 40-13 No. 65, for a distance of 561.26 feet to an iron rod found for a 40-14 southerly corner of the said, 2,807.1345 acre tract; being a point 40-15 in the north line of the said 283 acre tract; 40-16 THENCE, S8344'05"W, with the common line between the 40-17 2,807.1345 acre tract and the 283 acre tract, 58.21 feet to an iron 40-18 rod found; 40-19 THENCE, N8950'37"W, with the said common line, 502.68 feet 40-20 to an iron rod found for the northwest corner of the aforesaid 283 40-21 acre tract, and the northeast corner of the aforesaid 126.73 acre 40-22 tract conveyed to Mrs. R. P. Spillar; 40-23 THENCE, leaving the south line of the 2,807.1345 acre tract, 40-24 along the east line of said 126.73 acre Spillar Tract, as found 40-25 fenced and used upon the ground, for the following three (3) 40-26 courses: 40-27 1) S0033'17"W, for a distance of 952.64 feet to an iron pin 41-1 set; 41-2 2) S0032'17"W, for a distance of 255.23 feet to an iron pin 41-3 set; 41-4 3) S0035'17"W, for a distance of 528.60 feet to an iron pin 41-5 set at or near the Southeast corner of the said 126.73 acre Spillar 41-6 Tract, being at or near the Northeast corner of the said 1248.93 41-7 acre Spillar Tract; 41-8 THENCE, along the east line of the said 1248.93 acre Spillar 41-9 Tract, as found fenced and used upon the ground, for the following 41-10 four (4) courses: 41-11 1) S0852'43"E, for a distance of 291.92 feet to an iron pin 41-12 set; 41-13 2) S0854'43"E, for a distance of 445.72 feet to an 60-d 41-14 nail set; 41-15 3) S0004'17"W, for a distance of 1130.96 feet to an iron 41-16 pin set; 41-17 4) S0002'43"E, for a distance of 382.21 feet to a 41-18 calculated point on the approximate County Line between Travis and 41-19 Hays Counties; 41-20 THENCE, N4903'40"W, across the said 1,248.93 acre tract and 41-21 the 126.73 acre tract, along the common line between Travis and 41-22 Hays Counties, 3,986.48 feet to a calculated point in the westerly 41-23 line of the aforesaid 126.73 acre tract; 41-24 THENCE, along the West line of the said 126.73 acre Spillar 41-25 Tract, as found fenced and used upon the ground, for the following 41-26 seven (7) courses: 41-27 1) N0000'17"E, for a distance of 210.21 feet to an iron pin 42-1 set; 42-2 2) N0000'43"W, for a distance of 332.68 feet to an iron pin 42-3 set; 42-4 3) N0005'43"W, for a distance of 102.55 feet to an iron pin 42-5 set; 42-6 4) N8659'43"W, for a distance of 332.58 feet to an iron pin 42-7 set; 42-8 5) N8659'43"W, for a distance of 306.15 feet to an iron pin 42-9 found; 42-10 6) N2917'17"E, for a distance of 565.14 feet to a 60-d nail 42-11 found; 42-12 7) N2402'14"E, for a distance of 22.01 feet to a 60-d nail 42-13 found in a fence post; 42-14 THENCE, S6916'54"W leaving the westerly line of the said 42-15 126.73 acre tract, in a southwesterly direction with the southerly 42-16 fenced line of the 2,807.1345 acre tract, 760.45 feet to an iron 42-17 rod found for the Travis and Hays County Lines; 42-18 THENCE, N4903'54"W, leaving the southerly line of and 42-19 crossing the said line of the 2,807.1345 acre tract, along the 42-20 common line between Travis and Hays Counties, 3,364.02 feet to a 42-21 concrete monument found for county marker Mile Post No. 19; 42-22 THENCE, N4903'02"W, continuing across the said 2,807.1345 42-23 acre tract, along the said line between Travis and Hays Counties, 42-24 347.05 feet to a concrete monument found in the easterly 42-25 right-of-way line of aforesaid State Highway FM 1826; 42-26 THENCE, with the west line of the 2,807.1345 acre tract and 42-27 the east right-of-way line of State Highway FM 1826, the following 43-1 twelve (12) courses: 43-2 1) N0001'09"E, 1,166.34 feet to a concrete monument found; 43-3 2) N0017'55"E, for a distance of 388.69 feet to a concrete 43-4 monument found at the point of curvature of a curve to the right; 43-5 3) with the said curve to the right having a central angle 43-6 of 3047'38", a radius of 1,402.42 feet, a chord distance of 744.70 43-7 feet (chord bears N1541'45"E), for an arc distance of 753.74 feet 43-8 to the point of tangency; 43-9 4) N3105'55"E, for a distance of 1,682.33 feet to a 43-10 concrete monument found at the point of curvature of a transition 43-11 curve to the right; 43-12 5) with the said transition curve to the right having a 43-13 central angle of 0649'48", a beginning radius of 2,834.50 feet, an 43-14 ending radius of 2,829.50 feet, a chord distance of 337.10 feet 43-15 (chord bears N3609'37"E) for an arc distance of 337.30 feet to a 43-16 concrete monument found at the point of tangency; 43-17 6) N3756'03"E, a distance of 443.20 feet to an iron pipe 43-18 found; 43-19 7) N3757'53"E, for a distance of 239.19 feet to a concrete 43-20 monument found at the point of curvature of a curve to the left; 43-21 8) with the said curve to the left having a central angle of 43-22 0726'32", a radius of 1,950.03 feet, a chord distance of 253.12 43-23 feet (chord bears N3405'33"E) for an arc distance of 253.29 feet 43-24 to a concrete monument found at the point of tangency; 43-25 9) N3029'37"E, for a distance of 1,017.58 feet to an iron 43-26 rod found; 43-27 10) N3028'37"E, for a distance of 2,099.60 feet to a 44-1 concrete right-of-way monument found at the point of curvature of a 44-2 curve to the right; 44-3 11) with the said curve to the right, having a central angle 44-4 of 4648'09", a radius of 1,105.91 feet, a chord distance of 878.46 44-5 feet (chord bears N5353'50"E) for an arc distance of 903.37 feet 44-6 to a concrete right-of-way monument found at the point of tangency; 44-7 12) N7719'10"E, for a distance of 189.23 feet to an iron 44-8 pipe found, being the most westerly northwest corner of the above 44-9 said 2,807.1345 acre tract, in the abandoned south right-of-way 44-10 line of Old Austin-Driftwood Road; 44-11 THENCE, leaving the said east right-of-way line of State 44-12 Highway FM 1826 with the fenced north line of the 2,807.1345 acre 44-13 tract, the following nine (9) courses and distances: 44-14 1) S6842'40"E, 378.51 feet to an iron pipe found; 44-15 2) S6341'44"E, 178.82 feet to an iron pipe found; 44-16 3) S2728'23"W, at 347.23 feet pass an iron pipe found 0.07 44-17 feet to the west, for a total distance of 800.09 feet to an iron 44-18 pipe found; 44-19 4) S2421'16"E, 538.49 feet to an iron pipe found; 44-20 5) S0552'50"E, 991.70 feet to an iron pipe found; 44-21 6) S5839'56"E, 1,085.30 feet to an iron pipe found; 44-22 7) N8847'49"E, 563.42 feet to an iron pipe found; 44-23 8) N6424'19"E, 951.91 feet to an iron rod found; 44-24 9) N3241'40"E, 470.77 feet to an iron pipe found; 44-25 THENCE, N3236'10"E, continuing along the north line of the 44-26 2,807.1345 acre tract, 412.97 feet to an iron pipe found in the 44-27 south line of a 217.38 acre tract conveyed to 1826 Associates by 45-1 deed recorded in Volume 3635, Page 634 of the said Deed Records; 45-2 THENCE, S6024'36"E, with the apparent common line between 45-3 the 2,807.1345 acre tract and the 217.38 acre tract, for a distance 45-4 of 349.01 feet to an iron pipe found; 45-5 THENCE, S5358'38"E, continuing with the said common line, 45-6 for a distance of 533.96 feet to an iron pipe found for a northeast 45-7 corner of the 2,807.1345 acre tract and a point in the west line of 45-8 a 100.2215 acre tract conveyed to Carlene Hielscher Klaus by deed 45-9 recorded in Volume 9724, Page 329; said pipe also being the end of 45-10 a boundary line, set by Boundary Line Agreement in Volume 3922, 45-11 Page 1668, both of the Deed Records of Travis County, Texas; 45-12 THENCE, leaving the northerly line of the 2,807.1345 acre 45-13 tract, along the common fenced line between the said 100.2215 acre 45-14 Carlene H. Klaus Tract and the 217.38 acre tract, the following 45-15 four (4) courses: 45-16 1) N2916'04"E, 374.23 feet to an iron rod found; 45-17 2) N3313'41"E, 507.32 feet to an iron rod found; 45-18 3) N2953'38"E, 440.11 feet to an iron rod found; 45-19 4) N3023'23"E, 98.78 feet to an iron rod found for the 45-20 northwest corner of the said 100.2215 acre Klaus Tract, being the 45-21 southwest corner of that 320 acre tract conveyed to Richard 45-22 Hielscher by deed recorded in Volume 1212, Page 526 of the said 45-23 Deed Records; 45-24 THENCE, S5927'22"E, leaving the easterly line of the said 45-25 217.38 acre tract, 737.66 feet to an iron rod found in the 45-26 northerly line of the said 100.2215 acre Carlene H. Klaus Tract; 45-27 THENCE, S5925'12"E, continuing with the northerly line of 46-1 the said 100.2215 acre Klaus Tract, a distance of 252.58 feet to an 46-2 iron rod found for the northeast corner of the aforesaid 100.2215 46-3 acre Carlene H. Klaus Tract, being the northwest corner of the 46-4 aforesaid 100.2215 acre Ursula H. Kutra Tract; 46-5 THENCE, S5925'12"E, with the northerly line of the said 46-6 100.2215 acre Ursula H. Kutra Tract, 512.23 feet to an iron rod 46-7 found; 46-8 THENCE, S5914'29"E, continuing along the northerly line of 46-9 the said 100.2215 acre Ursula H. Kutra Tract, 512.87 feet to an 46-10 iron rod found for the northeast corner of the aforesaid 100.2215 46-11 acre tract, being the northwest corner of the said 100.2215 acre 46-12 Amelia H. Mettke Tract; 46-13 THENCE, S5914'29"E, with the northerly line of the said 46-14 100.2215 acre Amelia H. Mettke Tract, 1,013.17 feet to an iron pipe 46-15 found for the northeast corner of the aforesaid 100.2215 acre 46-16 Amelia H. Mettke Tract, being a point in a westerly line of the 46-17 said 2,807.1345 acre tract, and the southwest corner of the said 46-18 320 acre tract; 46-19 THENCE, N3005'58"E, with the easterly line of the said 320 46-20 acre tract and the west line of the before mentioned 2,807.1345 46-21 acre tract, at 250.00 feet pass a 1/2" iron rod found for the 46-22 southwest corner of the said 79.9863 acre tract, for a total 46-23 distance of 1,357.97 feet to a 60d nail found in a fence corner 46-24 post; 46-25 THENCE, N3049'14"E, with the common line between the said 46-26 79.9863 acre tract and the 320 acre tract, 804.39 feet to a 60d 46-27 nail found in a fence post; 47-1 THENCE, N2750'15"E, continuing with the common line between 47-2 the said 79.9863 acre tract and the 320 acre tract, 125.08 feet to 47-3 a steel fence post found; 47-4 THENCE, N3031'15"E, 204.35 feet to a 5/8" iron rod found; 47-5 THENCE, N2957'23"E, continuing with the common line between 47-6 the 79.9863 acre tract and the 320 acre tract, 360.74 feet to a 47-7 5/8" iron rod found in the southeast line of the aforesaid 538.5087 47-8 acre tract; 47-9 THENCE, N2808'04"W, across the said 320 acre tract, with the 47-10 southerly line of the 538.5087 acre tract, 2,025.54 feet to a 5/8" 47-11 iron rod found on the centerline of the aforesaid existing Humble 47-12 Pipeline Company, pipeline easement; 47-13 THENCE, N7021'34"W, continuing across the said 320 acre 47-14 tract, with the centerline of the said Humble Pipeline, 1,386.97 47-15 feet to a 1/2" iron rod found for a southwest corner of the 47-16 538.5087 acre tract and a point in the easterly line of that 3.48 47-17 acre tract conveyed to Dan P. Scranton by deed recorded in Volume 47-18 4217, Page 236 of the said deed records; 47-19 THENCE, N3211'17"E, with a westerly line of the said 47-20 538.5087 acre tract, at 144.68 feet pass a 5/8" iron rod found for 47-21 the northeast corner of the 3.48 acre tract, being the southeast 47-22 corner of that 3.45 acre tract conveyed to Arnold A. Jensen by deed 47-23 recorded in Volume 7101, Page 123 of the said deed records, for a 47-24 total distance of 404.54 feet to a 5/8" iron rod found for the 47-25 northeast corner of the aforesaid 3.45 acre tract, being the 47-26 southeast corner of that 3.42 acre tract conveyed to John T. 47-27 Alexander Et Ux by deed recorded in Volume 5019, Page 1341 of the 48-1 Deed Records of Travis County, Texas; 48-2 THENCE, N3204'03"E, continuing with the said westerly line 48-3 of the 538.5087 acre tract, 259.87 feet to a 5/8" iron rod found 48-4 for the northeast corner of the said 3.42 acre tract, being the 48-5 southeast corner of that 3.23 acre tract conveyed to L. Van Sickle 48-6 by deed recorded in Volume 4822, Page 1413 of the said Deed 48-7 Records; 48-8 THENCE, N3208'30"E, 199.96 feet to a 1/2" iron pipe found 48-9 for an ell corner of the said 538.5087 acre tract, being the 48-10 northeast corner of the 3.23 acre tract; 48-11 THENCE, N5939'43"W, with the common line between the said 48-12 538.5087 acre tract and the 3.23 acre tract, 28.23 feet to a 60d 48-13 nail found in a cedar tree; 48-14 THENCE, N4040'12"W, with the northerly line of the said 3.23 48-15 acre tract, 238.75 feet to a 1/2" iron pipe found at a cattle guard 48-16 for a southwest corner of the 538.5087 acre tract; 48-17 THENCE, N6056'11"W, with the common line between the 48-18 538.5087 acre tract and the 3.23 acre tract, 7.46 feet to a 1/2" 48-19 iron pipe found; 48-20 THENCE, N7539'02"W, continuing with the said common line 48-21 between the 538.5087 acre tract and the 3.23 acre tract, 40.48 feet 48-22 to a 5/8" iron rod found; 48-23 THENCE, N5752'12"W, with the southerly line of the said 48-24 538.5087 acre tract, 807.29 feet to a 1/2" iron rod found in the 48-25 northerly line of that 3.41 acre tract conveyed to Edwin Dudley by 48-26 deed recorded in Volume 6405, Page 1177 of the said deed records; 48-27 THENCE, with the common line between the said 538.5087 acre 49-1 tract and the 3.41 acre tract for the following three (3) courses: 49-2 1) N0729'32"W, 16.38 feet to a 60d nail found in a fence 49-3 corner post at a cattle guard; 49-4 2) N6318'41"W, 6.83 feet to a 60d nail found in a fence 49-5 corner post; 49-6 3) S8133'38"W, 17.89 feet to a 1/2" iron rod found for the 49-7 northwest corner of the said 3.41 acre tract, being the most 49-8 westerly southwest corner of the 538.5087 acre tract, and a point 49-9 on the aforesaid easterly right-of-way line of State Highway F.M. 49-10 1826; 49-11 THENCE, with the common line between the 538.5087 acre tract 49-12 and the easterly right-of-way line of State Highway F.M. 1826 for 49-13 the following four (4) courses: 49-14 1) N3054'59"E, 632.18 feet to a concrete right-of-way 49-15 monument found 40.00 feet left of State Highway Centerline Station 49-16 73+30.5; 49-17 2) N2827'31"E, 393.09 feet to a concrete right-of-way 49-18 monument found for the point of curvature of a curve to the left, 49-19 40.00 feet left of State Highway Centerline Station 69+38.5; 49-20 3) with the said curve to the left having a central angle of 49-21 0630'44", a radius of 3,859.21 feet, a chord distance of 438.40 49-22 feet (chord bears N2504'58"E) for an arc distance of 438.64 feet 49-23 to a concrete right-of-way monument found for the point of 49-24 tangency, 40.00 feet left of State Highway Centerline Station 49-25 65+03; 49-26 4) N2150'08"E, 774.26 feet to the PLACE OF BEGINNING, 49-27 CONTAINING within these metes and bounds 4,661.248 acres of land 50-1 area. 50-2 SECTION 6.02. FINDINGS RELATED TO BOUNDARIES. The 50-3 legislature finds that the boundaries and field notes of the 50-4 district form a closure. A mistake in the field notes or in 50-5 copying the field notes in the legislative process does not affect 50-6 the organization, existence, or validity of the district, the right 50-7 of the district to issue bonds or refunding bonds or to pay the 50-8 principal of or interest on bonds, the right of the district to 50-9 levy and collect taxes, or the legality or operation of the 50-10 district or its board. 50-11 SECTION 6.03. FINDING OF BENEFIT. All of the land and other 50-12 property included within the boundaries of the district will be 50-13 benefitted by the works and projects that are to be accomplished by 50-14 the district under powers conferred by this Act. The district is 50-15 created to serve a public use and benefit. 50-16 SECTION 6.04. ADDITION OF TERRITORY. (a) In accordance 50-17 with this section, the district may annex additional territory in 50-18 Hays County or Travis County that is: 50-19 (1) located in the Bear Creek, Slaughter Creek, or 50-20 Williamson Creek watersheds; and 50-21 (2) not located in the corporate limits of a 50-22 municipality. 50-23 (b) Proceedings for the annexation of territory by the 50-24 district may be initiated by a petition signed by the owners of the 50-25 land proposed to be annexed. The petition must request that the 50-26 board hold a public hearing on the matters set out in the petition. 50-27 (c) The board shall hear and consider the petition and may 51-1 annex the territory if the board determines that the land should be 51-2 annexed. 51-3 (d) The consent of a municipality or other governmental 51-4 entity or political subdivision of the state is not required for 51-5 any annexation of territory by the district. 51-6 (e) In a calendar year, the district may not annex a total 51-7 area greater than 10 percent of the area of the district territory 51-8 on January 1 of that year plus any amount carried over to that year 51-9 under this subsection, except that the district may not annex in a 51-10 calendar year a total area greater than 30 percent of the area of 51-11 the district territory as of January 1 of that year. If the 51-12 district fails to annex in a calendar year the entire 10 percent 51-13 amount permitted under this subsection, the district may carry over 51-14 the unused allocation for use in subsequent calendar years. For 51-15 the calendar year 1995, the district may not annex a total area 51-16 greater than 10 percent of the district territory on the effective 51-17 date of this Act. Notwithstanding this subsection, the district 51-18 territory may not exceed 8,000 acres. 51-19 ARTICLE 7. MISCELLANEOUS PROVISIONS 51-20 SECTION 7.01. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 51-21 (a) The proper and legal notice of the intention to introduce this 51-22 Act, setting forth the general substance of this Act, has been 51-23 published as provided by law, and the notice and a copy of this Act 51-24 have been furnished to all persons, agencies, officials, or 51-25 entities to which they are required to be furnished by the 51-26 constitution and other laws of this state, including the governor, 51-27 who has submitted the notice and the Act to the Texas Natural 52-1 Resource Conservation Commission. 52-2 (b) The Texas Natural Resource Conservation Commission has 52-3 filed its recommendations relating to this Act with the governor, 52-4 lieutenant governor, and speaker of the house of representatives 52-5 within the required time. 52-6 (c) All requirements of the constitution and laws of this 52-7 state and of the rules and procedures of the legislature with 52-8 respect to the notice, introduction, and passage of this Act are 52-9 fulfilled and accomplished. 52-10 SECTION 7.02. EXISTING CONSERVATION AND RECLAMATION 52-11 DISTRICTS. Notwithstanding any provision of this Act, this Act 52-12 does not impair, limit, supersede, or alter the powers, rights, 52-13 privileges, duties, functions, or jurisdiction of a conservation 52-14 and reclamation district in existence on the effective date of this 52-15 Act the territory of which comprises at least three counties and 52-16 includes all or part of the district, except that such a 52-17 conservation and reclamation district may not impose or apply any 52-18 regulatory ordinance, rule, or regulation within the district 52-19 without the agreement of the district. 52-20 SECTION 7.03. EXISTING SERVICE. A local government 52-21 providing water, wastewater, drainage, or solid waste disposal 52-22 service to an area within the district on January 1, 1995, shall 52-23 continue to provide the service to all applicants for the service 52-24 located within the local government's service area on January 1, 52-25 1995. If, on January 1, 1995, a contract exists that applies to a 52-26 local government's provision of water, wastewater, drainage, or 52-27 solid waste disposal service within the district, then the local 53-1 government's obligation to provide service is governed by the 53-2 contract during the contract's term. 53-3 SECTION 7.04. SEVERABILITY. If any portion of this Act or 53-4 the application of any portion of this Act to any person or set of 53-5 circumstances is held by a court to be unconstitutional, void, 53-6 invalid, or unenforceable, the validity of the remaining portions 53-7 of this Act or the application of the challenged portion of the Act 53-8 to other persons or sets of circumstances shall not be affected by 53-9 the court's holding. It is the intent of the legislature in 53-10 adopting this Act that no portion of the Act become inoperative or 53-11 fail by reason of the unconstitutionality or invalidity of any 53-12 other portion of the Act. 53-13 SECTION 7.05. EMERGENCY. The importance of this legislation 53-14 and the crowded condition of the calendars in both houses create an 53-15 emergency and an imperative public necessity that the 53-16 constitutional rule requiring bills to be read on three several 53-17 days in each house be suspended, and this rule is hereby suspended, 53-18 and that this Act take effect and be in force from and after its 53-19 passage, and it is so enacted.