By: Wentworth S.B. No. 1606
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation, administration, powers, duties,
1-2 operation, and financing of the Travis County Municipal Utility
1-3 District No. 3, Travis County Municipal Utility District No. 4,
1-4 Travis County Municipal Utility District No. 5, Travis County
1-5 Municipal Utility District No. 6, Travis County Municipal Utility
1-6 District No. 7, Travis County Municipal Utility District No. 8, and
1-7 Travis County Municipal Utility District No. 9.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION,
1-10 AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3.
1-11 SUBSECTION 1. CREATION. (a) A conservation and reclamation
1-12 district, to be known as Travis County Municipal Utility District
1-13 No. 3, is created in Travis County, subject to approval at a
1-14 confirmation election under Subsection 9 of this Act. The district
1-15 is a governmental agency and a body politic and corporate.
1-16 (b) The district is created under and is essential to
1-17 accomplish the purposes of Article XVI, Section 59, of the Texas
1-18 Constitution.
1-19 SUBSECTION 2. DEFINITION. In this Act:
1-20 (1) "Commission" means the Texas Natural Resource
1-21 Conservation Commission.
1-22 (2) "District" means Travis County Municipal Utility
1-23 District No. 3.
2-1 SUBSECTION 3. BOUNDARIES. The district includes the
2-2 territory contained within the following area:
2-3 A DESCRIPTION, PREPARED IN THE OFFICE FROM INFORMATION OBTAINED
2-4 THROUGH PUBLIC RECORDS OF 960.68 ACRES OF LAND SITUATED IN THE
2-5 WILLIAM S. HALL SURVEY NO. 412, THE JAMES M. TRIBBLE SURVEY NO.
2-6 418, THE WILLIAM SARGENT SURVEY NO. 499, THE DRURY H. MINOR SURVEY
2-7 NO. 416, THE ISAAC PERKINS SURVEY NO. 38, THE ISAAC PERKINS SURVEY
2-8 NO. 37, THE H. BOND SURVEY NO. 54 AND THE A. EANES SURVEY NO. 509,
2-9 TRAVIS COUNTY, TEXAS, BEING ALL OF THAT CERTAIN 19.00 ACRE TRACT OF
2-10 LAND CONVEYED TO BARTON CREEK PROPERTIES INC. BY SPECIAL WARRANTY
2-11 DEED RECORDED IN VOLUME 11214, PAGE 1077 OF THE REAL PROPERTY
2-12 RECORDS OF TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF THAT
2-13 CERTAIN 30.997 ACRE TRACT OF LAND, DESIGNATED AS TRACT ONE,
2-14 CONVEYED TO BARTON CREEK PROPERTIES INC. BY SPECIAL WARRANTY DEED
2-15 RECORDED IN VOLUME 10769, PAGE 1255 OF THE SAID REAL PROPERTY
2-16 RECORDS, ALSO BEING A PORTION OF THAT CERTAIN 992.199 ACRE TRACT OF
2-17 LAND CONVEYED TO BARTON CREEK PROPERTIES INC. BY SPECIAL WARRANTY
2-18 DEED RECORDED IN VOLUME 10762, PAGE 517 OF THE SAID REAL PROPERTY
2-19 RECORDS, AND ALSO BEING A PORTION OF THAT CERTAIN 201.31 ACRE TRACT
2-20 OF LAND CONVEYED TO BARTON CREEK PROPERTIES INC. BY WARRANTY DEED
2-21 RECORDED. IN VOLUME 10783, PAGE 448 OF THE SAID REAL PROPERTY
2-22 RECORDS, SAID 960.68 ACRES OF LAND BEING MORE PARTICULARLY
2-23 DESCRIBED BY METES AND BOUNDS AS TRACT 1, CONTAINING 122.93 ACRES
2-24 OF LAND, AND TRACT 2 CONTAINING 837.75 ACRES OF LAND, AS FOLLOWS:
2-25 TRACT 1
3-1 BEGINNING at a point on a south line of the said 201.31 acre tract
3-2 at its intersection with the east right-of-way (R.O.W.) line of a
3-3 proposed future roadway;
3-4 THENCE along the south, west, and north lines of the said 201.31
3-5 acre tract the following forty-nine (49) courses:
3-6 1. N 6106'08" W, 28.10 feet to a point,
3-7 2. N 6106'08" W, 12.17 feet to a point,
3-8 3. N 6150'30" W, 1024.85 feet to a point,
3-9 4. N 2929'21" E, 207.15 feet to a point,
3-10 5. N 2758'37" E, 229.86 feet to a point,
3-11 6. S 7315'34" E, 26.23 feet to a point,
3-12 7. S 5854'34" E, 31.29 feet to a point,
3-13 8. S 4510'46" E, 24.48 feet to a point,
3-14 9. S 5247'28" E, 64.61 feet to a point,
3-15 10. S 6132'27" E, 111.12 feet to a point,
3-16 11. S 5106'30" E, 10.08 feet to a point,
3-17 12. N 8505'30" E, 27.16 feet to a point,
3-18 13. S 4757'16" E, 78.06 feet to a point,
3-19 14. S 6529'30" E, 135.27 feet to a point,
3-20 15. N 1716'51" W, 77.48 feet to a point,
3-21 16. N 0417'52" W, 166.11 feet to a point,
3-22 17. N 0041'44" E, 54.16 feet to a point,
3-23 18. N 0333'56" E, 124.21 feet to a point,
3-24 19. N 0642'00" E, 139.64 feet to a point,
3-25 20. N 0311'50" E, 266.48 feet to a point,
4-1 21. N 0114'51" E, 220.47 feet to a point,
4-2 22. N 1504'06" W, 48.49 feet to a point,
4-3 23. N 2757'48" E, 614.87 feet to a point,
4-4 24. N 6155'37" W, 176.52 feet to a point,
4-5 25. N 2814'50" E, 655.87 feet to a point,
4-6 26. N 4402'24" E, 10.00 feet to a point,
4-7 27. N 6059'10" W, 112.42 feet to a point,
4-8 28. N 6128'15" W, 170.48 feet to a point,
4-9 29. N 6101'14" W, 148.68 feet to a point,
4-10 30. N 6152'33" W, 237.25 feet to a point,
4-11 31. N 6246'01" W, 395.65 feet to a point,
4-12 32. N 6249'37" W, 247.00 feet to a point,
4-13 33. N 6250'00" W, 313.86 feet to a point,
4-14 34. N 1835'42" E, 70.52 feet to a point,
4-15 35. N 0002'18" W, 192.04 feet to a point,
4-16 36. N 2135'53" E, 223.79 feet to a point,
4-17 37. N 3548'32" E, 415.11 feet to a point,
4-18 38. N 1912'34" E, 392.76 feet to a point,
4-19 39. N 5630'07" E, 255.58 feet to a point,
4-20 40. N 5717'47" E, 82.54 feet to a point,
4-21 41. S 6101'30" E, 264.21 feet to a point,
4-22 42. S 5310'10" E, 129.15 feet to a point,
4-23 43. S 6220'00" E, 11.98 feet to a point,
4-24 44. S 6741'46" E, 141.43 feet to a point,
4-25 45. S 2828'41" E, 175.90 feet to a point,
5-1 46. S 1725'38" E, 259.21 feet to a point,
5-2 47. S 6813'46" E, 201.24 feet to a point,
5-3 48. S 8726'57" E, 124.52 feet to a point, and
5-4 49. S 4251'47" E, 604.35 feet to the most westerly corner of The
5-5 Estates Above Lost Creek, a subdivision whose plat is
5-6 recorded in Book 81, Pages 286 through 294 of the Plat
5-7 Records of Travis County, Texas;
5-8 THENCE, departing the said north line of the 201.31 acre tract
5-9 along the southwesterly lines of the said The Estates Above Lost
5-10 Creek the following five (5) courses:
5-11 1. S 2312'39" E, 203.90 feet to a point,
5-12 2. S 2317'23" E, 180.47 feet to a point,
5-13 3. S 2316'15" E, 180.05 feet to a point,
5-14 4. S 2322'22" E, 249.95 feet to a point, and
5-15 5. S 2310'32" E, 65.85 feet to a point on the east R.O.W. line
5-16 of the said proposed future roadway;
5-17 THENCE, departing the said southwesterly lines of The Estates Above
5-18 Lost Creek, with the said easterly R.O.W. line of the proposed
5-19 future roadway, the following seven (7) courses:
5-20 1. S 5107'18" W, 259.25 feet to a point of curvature,
5-21 2. a distance of 328.10 feet along the arc of a curve to the
5-22 left whose radius is 705.00 feet, central angle is 2639'53"
5-23 and whose chord bears S 3747'22" W, 325.15 feet to the point
5-24 of tangency,
5-25 3. S 2427'25" W, 509.49 feet to a point of curvature,
6-1 4. a distance of 606.33 feet along the arc of a curve to the
6-2 left whose radius is 945.00 feet, central angle is 3645'44"
6-3 and whose chord bears S 0604'33" W, 595.99 feet to the point
6-4 of tangency,
6-5 5. S 1218'19" E, 286.57 feet to a point of curvature,
6-6 6. a distance of 576.37 feet along the arc of a curve to the
6-7 right whose radius is 745.00 feet, central angle is 4419'37"
6-8 and whose chord bears S 0951'30" W, 562.10 feet to the point
6-9 of tangency, and
6-10 7. S 3201'18" W, 886.19 feet to the POINT OF BEGINNING of the
6-11 herein described TRACT 1 containing 122.93 acres of land more
6-12 or less.
6-13 TRACT 2
6-14 BEGINNING at a point for the southeast corner of St. Michael's
6-15 Academy, a subdivision whose plat is recorded in Book 84, Pages
6-16 187C-188A of the said Plat Records;
6-17 THENCE along the east, north and west lines of said St. Michael's
6-18 Academy the following fifteen (15) courses:
6-19 1. N 1016'57" W, 79.56 feet to a point,
6-20 2. a distance of 264.08 feet along the arc of a curve to the
6-21 right having a central angle of 2913'00", a radius of 517.88
6-22 feet and a chord bearing N 0412'25" E, 261.23 feet to a
6-23 point,
6-24 3. N 1848'55" E, 85.94 feet to a point,
6-25 4. a distance of 102.81 feet along the arc of a curve to the
7-1 left having a central angle of 0530'00", a radius of 1071.03
7-2 feet and a chord bearing N 1603'55" E, 102.77 feet to a
7-3 point,
7-4 5. N 1318'55" E, 116.19 feet to a point,
7-5 6. a distance of 313.60 feet along the arc of a curve to the
7-6 right having a central angle of 3903'19", a radius of 460.06
7-7 feet and a chord bearing N 3250'34" E, 307.56 feet to a
7-8 point,
7-9 7. N 3737'47" W, 80.00 feet to a point,
7-10 8. N 1024'26" W, 483.49 feet to a point,
7-11 9. N 7935'54" E, 297.13 feet to a point,
7-12 10. N 1024'04" W, 41.24 feet to a point,
7-13 11. a distance of 553.91 feet along the arc of a curve to the
7-14 right having a central angle of 3223'05", a radius of 980.00
7-15 feet and a chord bearing N 0547'27" E, 546.57 feet to a
7-16 point,
7-17 12. S 8540'50" W, 1335.55 feet to a point,
7-18 13. S 4545'51" W, 439.25 feet to a point,
7-19 14. S 1522'11" W, 230.40 feet to a point, and
7-20 15. S 1401'34" W, 330.83 feet to a point in the south line of
7-21 the said 992.199 acre tract;
7-22 THENCE along the south line of the said 992.199 acre tract the
7-23 following four (4) courses:
7-24 1. N 5916'50" W, 166.28 feet to a point,
7-25 2. N 4731'25" W, 145.66 feet to a point,
8-1 3. N 6349'55" W, 194.27 feet to a point, and
8-2 4. N 8144'56" W, 90.03 feet to the southwest corner of the said
8-3 992.199 acre tract;
8-4 THENCE along the west, north and east lines of the said 992.199
8-5 acre tract the following one hundred and twenty-three (123)
8-6 courses:
8-7 1. N 0111'57" E, 199.94 feet to a point,
8-8 2. N 0910'32" E, 249.93 feet to a point,
8-9 3. N 3743'32" E, 179.95 feet to a point,
8-10 4. N 2535'28" W, 299.91 feet to a point,
8-11 5. N 2809'28" W, 389.89 feet to a point,
8-12 6. N 2305'28" W, 299.91 feet to a point,
8-13 7. N 1511'28" W, 199.94 feet to a point,
8-14 8. N 0357'28" W, 199.94 feet to a point,
8-15 9. N 0741'32" E, 399.88 feet to a point,
8-16 10. N 3221'32" E, 89.97 feet to a point,
8-17 11. N 4723'29" W, 51.30 feet to a point,
8-18 12. N 3009'57" E, 41.31 feet to a point,
8-19 13. N 6117'21" E, 99.28 feet to a point,
8-20 14. N 5233'45" E, 57.54 feet to a point,
8-21 15. N 4014'57" E, 102.75 feet to a point,
8-22 16. N 2735'03" E, 181.74 feet to a point,
8-23 17. N 2044'55" E, 130.67 feet to a point,
8-24 18. N 4356'55" E, 232.54 feet to a point,
8-25 19. N 3520'35" E, 166.74 feet to a point,
9-1 20. N 5114'04" E, 100.17 feet to a point,
9-2 21. N 4112'16" E, 120.38 feet to a point,
9-3 22. N 5520'28" E, 87.26 feet to a point
9-4 23. N 6051'42" E, 127.20 feet to a point,
9-5 24. N 2541'44" W, 114.39 feet to a point,
9-6 25. N 4059'14" E, 48.97 feet to a point,
9-7 26. N 2640'00" E, 98.64 feet to a point,
9-8 27. N 2832'59" E, 308.25 feet to a point,
9-9 28. S 6548'42" E, 40.57 feet to a point,
9-10 29. S 7522'42" E, 92.65 feet to a point,
9-11 30. S 6423'42" E, 178.68 feet to a point,
9-12 31. S 6237'42" E, 87.60 feet to a point,
9-13 32. S 7059'42" E, 152.34 feet to a point,
9-14 33. N 8147'18" E, 60.59 feet to a point,
9-15 34. S 7516'42" E, 47.98 feet to a point,
9-16 35. S 8227'42" E, 29.13 feet to a point,
9-17 36. S 7830'42" E, 52.06 feet to a point,
9-18 37. S 4556'10" E, 30.41 feet to a point,
9-19 38. S 1405'37" E, 6.23 feet to a point,
9-20 39. S 5637'37" E, 28.70 feet to a point,
9-21 40. S 6027'37" E, 25.75 feet to a point,
9-22 41. S 6602'37" E, 104.61 feet to a point,
9-23 42. S 5949'37" E, 171.28 feet to a point,
9-24 43. S 6331'37" E, 195.90 feet to a point,
9-25 44. S 6446'37" E, 44.13 feet to a point,
10-1 45. S 5930'37" E, 61.74 feet to a point,
10-2 46. S 5451'37" E, 18.28 feet to a point,
10-3 47. S 6430'37" E, 25.38 feet to a point,
10-4 48. S 5528'37" E, 58.07 feet to a point,
10-5 49. S 5813'37" E, 90.40 feet to a point,
10-6 50. S 6313'37" E, 51.62 feet to a point,
10-7 51. S 5830'37" E, 46.51 feet to a point,
10-8 52. S 6418'35" E, 41.69 feet to a point,
10-9 53. S 8254'37" E, 47.39 feet to a point,
10-10 54. S 5919.37" E, 52.37 feet to a point,
10-11 55. S 6329'37" E, 56.73 feet to a point,
10-12 56. S 7323'37" E, 67.23 feet to a point,
10-13 57. S 6954'37" E, 31.83 feet to a point,
10-14 58. S 4000'37" E, 19.80 feet to a point,
10-15 59. N 7514'23" E, 9.05 feet to a point,
10-16 60. N 8858'25" E, 89.22 feet to a point,
10-17 61. S 1502'34" E, 128.42 feet to a point,
10-18 62. S 0948'26" E, 39.28 feet to a point,
10-19 63. N 8539'34" E, 148.35 feet to a point,
10-20 64. N 8411'34" E, 137.55 feet to a point,
10-21 65. N 4247'23" E, 347.07 feet to a point,
10-22 66. N 4510'45" E, 84.52 feet to a point,
10-23 67. N 2800'45" E, 113.61 feet to a point,
10-24 68. N 2936'45" E, 213.13 feet to a point,
10-25 69. N 1605'45" E, 287.88 feet to a point,
11-1 70. N 2743'02" E, 506.38 feet to a point,
11-2 71. N 0607'10" E, 285.32 feet to a point,
11-3 72. N 7312'13" W, 195.59 feet to a point,
11-4 73. N 0243'48" E, 322.26 feet to a point,
11-5 74. N 0329'59" E, 290.69 feet to a point,
11-6 75. N 2805'04" W, 599.09 feet to a point,
11-7 76. N 0459'04" W, 290.94 feet to a point,
11-8 77. N 2722'56" E, 265.67 feet to a point,
11-9 78. N 4745'56" E, 133.40 feet to a point,
11-10 79. N 6221'56" E, 159.85 feet to a point,
11-11 80. S 8342'57" E, 163.25 feet to a point,
11-12 81. S 6706'57" E, 319.02 feet to a point,
11-13 82. S 5207'57" E, 125.16 feet to a point,
11-14 83. S 2646'57" E, 343.22 feet to a point,
11-15 84. S 7810'57" E, 107.21 feet to a point,
11-16 85. S 3204'57" E, 215.64 feet to a point,
11-17 86. S 3021'57" E, 311.35 feet to a point,
11-18 87. S 3031'57" E, 151.64 feet to a point,
11-19 88. S 1825'57" E, 249.04 feet to a point,
11-20 89. S 1108'56" E, 320.34 feet to a point,
11-21 90. S 0741'56" E, 131.28 feet to a point,
11-22 91. S 2732'04" W, 163.38 feet to a point,
11-23 92. S 0050'04" W, 154.31 feet to a point,
11-24 93. S 1453'04" W, 149.77 feet to a point,
11-25 94. S 0412'56" E, 229.80 feet to a point,
12-1 95. S 3032'56" E, 301.83 feet to a point,
12-2 96. S 2845'56" E, 299.93 feet to a point,
12-3 97. S 3125'56" E, 301.45 feet to a point,
12-4 98. S 3256'56" E, 131.38 feet to a point,
12-5 99. S 4710'56" E, 216.62 feet to a point,
12-6 100. S 6750'56" E, 111.15 feet to a point,
12-7 101. S 8227'56" E, 230.36 feet to a point,
12-8 102. N 7334'04" E, 334.47 feet to a point,
12-9 103. N 5903'03" E, 293.06 feet to a point,
12-10 104. N 4348'03" E, 210.98 feet to a point,
12-11 105. N 3924'03" E, 190.76 feet to a point,
12-12 106. N 2035'03" E, 164.56 feet to a point,
12-13 107. N 1924'03" E, 222.04 feet to a point,
12-14 108. N 1115'03" E, 195.85 feet to a point,
12-15 109. N 0935'03" E, 286.40 feet to a point,
12-16 110. N 0529'30" E, 604.40 feet to a point,
12-17 111. N 1658'49" W, 136.10 feet to a point,
12-18 112. N 0823'11" E, 275.84 feet to a point,
12-19 113. N 1951'11" E, 442.30 feet to a point,
12-20 114. N 6421'11" E, 479.70 feet to a point,
12-21 115. S 8144'49" E, 277.02 feet to a point,
12-22 116. S 6747'49" E, 313.96 feet to a point,
12-23 117. S 4521'49" E, 203.39 feet to a point,
12-24 118. S 2900'49" E, 235.40 feet to a point,
12-25 119. S 1248'49" E, 337.14 feet to a point,
13-1 120. S 2941'11" W, 144.69 feet to a point,
13-2 121. S 0759'49" E, 591.15 feet to a point,
13-3 122. S 3633'49" E, 141.13 feet to a point, and
13-4 123. S 0613'49" E, 898.01 feet to a point for the northwest
13-5 corner of Lot 1, Block A, The Estates of Barton Creek Section
13-6 Two-A a subdivision whose plat is recorded in Book 85, Pages
13-7 119B through 120A of the said Plat Records;
13-8 THENCE, departing the east lines of the said 992.199 acre tract,
13-9 along the west line of the said Lot 1, S 1559'56" E, 529.64 feet
13-10 to a point on the north R.O.W. line of Barton Creek Boulevard, an
13-11 80.00 foot wide R.O.W.;
13-12 THENCE, departing the west line of Lot 1, crossing said Barton
13-13 Creek Boulevard, S 1559'56" E, 80.00 feet to a point on the south
13-14 R.O.W. line of said Barton Creek Boulevard and the east line of the
13-15 said 992.199 acre tract;
13-16 THENCE along the east lines of the said 992.199 acre tract the
13-17 following eleven (11) courses:
13-18 1. S 1559'49" E, 209.80 feet to a point,
13-19 2. S 6545'11" W, 26.03 feet to a point,
13-20 3. N 8916'12" W, 22.01 feet to a point,
13-21 4. N 8704'17" W, 46.58 feet to a point,
13-22 5. S 1222'59" E, 249.49 feet to a point,
13-23 6. S 1209'57" E, 79.24 feet to a point,
13-24 7. S 0702'38" E, 170.51 feet to a point,
13-25 8. S 1457'23" W, 77.89 feet to a point,
14-1 9. S 4125'08" E, 149.05 feet to a point,
14-2 10. S 2758'13" W, 209.26 feet to a point, and
14-3 11. S 2633'24" W, 2.10 feet to a point for a corner in the east
14-4 line of that certain 45.141 acre tract of land described in a
14-5 general warranty deed to Barton Creek Properties Inc.
14-6 recorded in Volume 11604, Page 175 of the said Real Property
14-7 Records;
14-8 THENCE, departing the east lines of the said 992.199 acre tract,
14-9 along the east, north and west lines of the said 45.141 acre tract
14-10 the following sixteen (16) courses:
14-11 1. N 3608'45" W, 627.13 feet to a point,
14-12 2. N 2804'19" W, 576.10 feet to a point,
14-13 3. N 3341'10" E, 31.97 feet to a non-tangent point of
14-14 curvature,
14-15 4. a distance of 239.03 feet along the arc of a curve to the
14-16 right whose radius is 540.29 feet, central angle is
14-17 2520'53", and whose chord bears N 5237'58" W, 237.09 feet
14-18 to the point of tangency,
14-19 5. N 3957'32" W, 183.09 feet to a point of curvature,
14-20 6. a distance of 320.20 feet along the arc of a curve to the
14-21 left whose radius is 460.00 feet, central angle is 3952'58",
14-22 and whose chord bears N 5954'01" W, 313.77 feet to a point,
14-23 7. S 0519'27" W, 264.65 feet to a point,
14-24 8. S 0419'26" E, 538.16 feet to a point,
14-25 9. S 2505'34" E, 151.78 feet to a point,
15-1 10. S 1957'53" W, 369.50 feet to a point,
15-2 11. S 1140'24" W, 156.85 feet to a point,
15-3 12. S 5942'08" W, 206.12 feet to a point,
15-4 13. S 3926'48" E, 65.40 feet to a point,
15-5 14. N 8240'42" E, 301.03 feet to a point,
15-6 15. S 2011'54" W, 249.89 feet to a point, and
15-7 16. S 5123'20" W, 84.73 feet to a point on the north line of The
15-8 Second Replat of Barton Creek Club, a subdivision whose plat
15-9 is recorded in Book 89, Pages 168 through 171 of the said
15-10 Plat Records;
15-11 THENCE, departing the west line of the said 45.141 acre tract,
15-12 along north lines of the said Barton Creek Club the following six
15-13 (6) courses:
15-14 1. N 1102'56" E, 254.74 feet to a point,
15-15 2. S 7230'24" W, 425.99 feet to a point,
15-16 3. S 8641'31" W, 115.73 feet to a point,
15-17 4. N 4735'59" W, 329.18 feet to a point,
15-18 5. N 6440'59" W, 214.00 feet to a point, and
15-19 6. S 4657'01" W, 54.20 feet to a point on an easterly line of
15-20 that certain 13.044 acre tract of land described in a general
15-21 warranty deed to Barton Creek Properties Inc. recorded in
15-22 Volume 11604, Page 175 of the said Real Property Records;
15-23 THENCE, departing the north line of the said Barton Creek Club,
15-24 along the north lines of the said 13.044 acre tract the following
15-25 six (6) courses:
16-1 1. N 4340'54" W, 190.92 feet to a point,
16-2 2. N 0132'59" E, 256.06 feet to a point,
16-3 3. N 7936'17" W, 463.00 feet to a point,
16-4 4. S 5520'24" W, 142.13 feet to a point,
16-5 5. S 1200'03" W, 246.77 feet to a point, and
16-6 6. S 4305'34" W, 468.80 feet to a point in the curving east
16-7 R.O.W. line of said Barton Creek Boulevard;
16-8 THENCE, departing the north lines of the said 13.044 acre tract,
16-9 along the said east R.O.W. line of Barton Creek Boulevard the
16-10 following three (3) courses:
16-11 1. a distance of 82.25 feet along the arc of a curve to the left
16-12 whose radius is 460.00 feet, central angle is 1014'40", and
16-13 whose chord bears S 1034'30" E, 82.14 feet to the point of
16-14 tangency,
16-15 2. S 1541'50" E, 293.79 feet to a point of curvature, and
16-16 3. a distance of 331.06 feet along the arc of a curve to the
16-17 right whose radius is 540.00 feet, central angle is
16-18 3507'35", and whose chord bears S 0151'58" W, 325.90 feet
16-19 to the point for the southwest corner of Barton Creek Club
16-20 Barton Club Drive Street Dedication whose plat is recorded in
16-21 Book 86, Pages 22D through 23A of the said Plat Records;
16-22 THENCE, departing the east R.O.W. line of the said Barton Creek
16-23 Boulevard, along the south R.O.W. line of Barton Club Drive, the
16-24 following two (2) courses:
16-25 1. a distance of 29.13 feet along the arc of a curve to the
17-1 right whose radius is 25.00 feet, central angle is 6645'32",
17-2 and whose chord bears N 5248'30" E, 27.51 feet to a point,
17-3 and
17-4 2. N 8609'34" E, 139.34 feet to a point for the most northerly
17-5 northwest corner of that certain 45.107 acre tract of land
17-6 described in a general warranty deed to Barton Creek
17-7 Properties Inc. recorded in Volume 11604, Page 175 of the
17-8 said Real Property Records;
17-9 THENCE, departing the south R.O.W. line of Barton Club Drive, along
17-10 westerly lines of the said 45.107 acre tract the following
17-11 twenty-one (21) courses:
17-12 1. S 0415'45" W, 80.72 feet to a point,
17-13 2. S 6611'15" E, 189.97 feet to a point,
17-14 3. S 4954'10" E, 321.85 feet to a point,
17-15 4. S 4918'40" E, 340.52 feet to a point,
17-16 5. S 0231'08" W, 152.45 feet to a point,
17-17 6. S 7930'41" W, 212.04 feet to a point,
17-18 7. S 7735'55" W, 341.77 feet to a point,
17-19 8. S 4706'43" W, 454.77 feet to a point,
17-20 9. S 1930'00" E, 280.70 feet to a point,
17-21 10. S 8147'21" W, 120.43 feet to a point,
17-22 11. N 6902'34" W, 81.92 feet to a point,
17-23 12. N 5013'51" W, 241.99 feet to a point,
17-24 13. N 6822'37" W, 208.69 feet to a point,
17-25 14. N 3209'13" W, 633.79 feet to a point,
18-1 15. S 8112'08" W, 155.12 feet to a point,
18-2 16. S 1855'37" E, 560.46 feet to a point,
18-3 17. S 2521'45" E, 285.52 feet to a point,
18-4 18. S 7252'46" E, 923.63 feet to a point,
18-5 19. S 3213'32" E, 234.41 feet to a point,
18-6 20. S 8350'22" E, 126.73 feet to a point, and
18-7 21. S 6838'09" E, 141.10 feet to a point for the most southerly
18-8 southeast corner of the said 45.107 acre tract;
18-9 THENCE, departing the said westerly lines of the 45.107 acre tract,
18-10 crossing said 992.199 acre tract S 2052'55" W, 74.06 feet to a
18-11 northwesterly corner of that certain 8.081 acre tract of land
18-12 described in a general warranty deed to Barton Creek Properties
18-13 Inc. recorded in Volume 11604, Page 175 of the said Real Property
18-14 Records;
18-15 THENCE along the westerly and southerly lines of the said 8.081
18-16 acre tract the following five (5) courses:
18-17 1. S 1928'18" W, 1062.57 feet to a point,
18-18 2. N 6956'53" W, 63.87 feet to a point,
18-19 3. S 0526'25" W, 158.21 feet to a point,
18-20 4. S 4445'59" E, 242.82 feet to a point, and
18-21 5. N 3332'28" E, 439.94 feet to a point;
18-22 THENCE, departing the southerly lines of the said 8.081 acre tract,
18-23 crossing the said 992.199 acre tract and the said 30.997 acre tract
18-24 the following three (3) courses:
18-25 1. S 0422'33" E, 443.70 feet to a point,
19-1 2. S 6059'59" E, 299.86 feet to a point, and
19-2 3. S 4921'11" W, 848.83 feet to the northeast corner of said
19-3 The Estates Above Lost Creek;
19-4 THENCE along the northerly lines of said The Estates Above Lost
19-5 Creek the following ten (10) courses:
19-6 1. N 3758'05" W, 213.14 feet to a point,
19-7 2. S 8856'26" W, 701.83 feet to a point,
19-8 3. N 2709'05" W, 772.26 feet to a point,
19-9 4. N 5027'02" W, 277.60 feet to a point,
19-10 5. S 7026'54" W, 270.04 feet to a point,
19-11 6. N 5302'57" W, 800.03 feet to a point,
19-12 7. N 6602'27" W, 700.17 feet to a point,
19-13 8. N 5201'58" W, 490.10 feet to a point,
19-14 9. S 1659'31" W, 248.42 feet to a point, and
19-15 10. N 7958'28" W, 744.21 feet to the POINT OF BEGINNING
19-16 containing 911.05 acres of land more or less SAVE AND EXCEPT
19-17 those certain tracts of land described as containing 8.284
19-18 acres, 17.516 acres and 20.029 acres in a general warranty
19-19 deed to Barton Creek Properties Inc. recorded in Volume
19-20 11604, Page 175 of the said Real Property Records, also SAVE
19-21 AND EXCEPT 27.47 acres of land more or less leaving a net
19-22 area of the herein described Tract 2 of 837.75 acres of land
19-23 more or less, said 27.47 acres being seven (7) Tracts of land
19-24 designated as Tracts A, B, C, D, E, F and G containing 7.50
19-25 acres, 3.51 acres, 4.01 acres, 0.65 acres, 4.87 acres, 3.33
20-1 acres, and 3.60 acres of land respectively and being more
20-2 particularly described by metes and bounds as follows:
20-3 TRACT A
20-4 COMMENCING for reference at a point on the north R.O.W. line of
20-5 said Barton Creek Boulevard, being the northeast corner of The
20-6 Estates of Barton Creek Section Two, a subdivision whose plat is
20-7 recorded in Book 85, Pages 118B through 119A of the said Plat
20-8 Records;
20-9 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
20-10 S 8112'08" W, 1250.04 feet to a point and departing the said north
20-11 R.O.W. aiwain in a perpendicular direction crossing the said
20-12 992.199 acres N 0847'52" W, 1271.52 feet to the POINT OF BEGINNING
20-13 of the herein described 7.50 acre tract;
20-14 THENCE, continuing to cross the said 992.199 acres along the
20-15 perimeter of the said 7.50 acre tract in a clockwise direction the
20-16 following thirty-eight (38) courses:
20-17 1. N 3041'58" W, 67.67 feet to a point,
20-18 2. N 5553'23" W, 139.91 feet to a point,
20-19 3. N 5931'30" W, 247.65 feet to a point,
20-20 4. N 7422'36" W, 138.54 feet to a point,
20-21 5. S 5958'15" W, 135.30 feet to a point,
20-22 6. S 5954'25" W, 446.39 feet to a point,
20-23 7. S 1630'25" E, 112.82 feet to a non-tangent point of
20-24 curvature,
20-25 8. a distance of 33.16 feet along the arc of a curve to the
21-1 right whose radius is 345.00 feet, central angle is 0530'26"
21-2 and whose chord bears S 7854'47" W, 33.15 feet to a
21-3 non-tangent point,
21-4 9. N 1630'25" W, 151.05 feet to a point,
21-5 10. N 0205'36" E, 47.91 feet to a point,
21-6 11. N 2322'28" E, 47.89 feet to a point,
21-7 12. N 3703'23" E, 416.69 feet to a point,
21-8 13. N 3756'40" E, 63.67 feet to a point,
21-9 14. N 5231'47" E, 50.40 feet to a point,
21-10 15. N 7116'13" E, 50.42 feet to a point,
21-11 16. S 8957'57" E, 50.50 feet to a point,
21-12 17. S 7128'25" E, 49.57 feet to a point,
21-13 18. S 6053'36" E, 73.82 feet to a point,
21-14 19. S 6042'59" E, 69.78 feet to a point,
21-15 20. S 6200'49" E, 73.56 feet to a point,
21-16 21. S 6631'28" E, 75.01 feet to a point,
21-17 22. S 7140'40" E, 75.46 feet to a point,
21-18 23. S 7639'35" E, 75.28 feet to a point,
21-19 24. S 8140'07" E, 75.29 feet to a point,
21-20 25. S 8641'17" E, 75.13 feet to a point,
21-21 26. N 8943'39" E, 71.50 feet to a point,
21-22 27. S 8933'24" E, 60.75 feet to a point,
21-23 28. N 0823'51" E, 120.04 feet to a point,
21-24 29. S 8132'02" E, 24.59 feet to a point,
21-25 30. S 0807'44" W, 119.95 feet to a point,
22-1 31. S 4620'07" E, 31.26 feet to a point,
22-2 32. S 2711'00" E, 42.68 feet to a point,
22-3 33. S 1601'31" E, 67.92 feet to a point,
22-4 34. S 0319'59" E, 47.30 feet to a point,
22-5 35. S 1829'47" W, 47.28 feet to a point,
22-6 36. S 4028'45" W, 47.37 feet to a point,
22-7 37. S 6007'59" W, 58.23 feet to a point, and
22-8 38. S 6235'42" W, 146.72 feet to the POINT OF BEGINNING
22-9 containing 7.50 acres of land more or less.
22-10 TRACT B
22-11 COMMENCING for reference at a point on the north R.O.W. line of
22-12 said Barton Creek Boulevard being the northeast corner of said The
22-13 Estates of Barton Creek Section Two and being the northwest corner
22-14 of said The Estates of Barton Creek Section Two-A;
22-15 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
22-16 S 8112'08" W, 997.99 feet to a point and departing the said north
22-17 R.O.W. line in a perpendicular direction N 0847'52" W, 592.77 feet
22-18 to the POINT OF BEGINNING of the herein described 3.51 acre tract;
22-19 THENCE along the perimeter of the said 3.51 acre tract in a
22-20 clockwise direction the following twenty (20) courses:
22-21 1. N 5147'58" W, 108.64 feet to a point,
22-22 2. N 1921'57" W, 84.55 feet to a point,
22-23 3. N 1438'00" E, 645.67 feet to a non-tangent point of
22-24 curvature,
22-25 4. a distance of 93.77 feet along the arc of a curve to the left
23-1 whose radius is 305.00 feet, central angle is 1736'51" and
23-2 whose chord bears N 0131'14" E, 93.40 feet to a point,
23-3 5. N 8242'49" E, 140.05 feet to a point,
23-4 6. S 7913'21" E, 148.22 feet to a point,
23-5 7. S 0226'13" W, 134.15 feet to a point,
23-6 8. S 1724'24" W, 136.48 feet to a point,
23-7 9. S 7858'23" W, 40.90 feet to a point,
23-8 10. N 7934'54" W, 68.35 feet to a point,
23-9 11. N 6427'10" W, 107.77 feet to a point,
23-10 12. S 1226'21" W, 41.26 feet to a point,
23-11 13. S 0505'42" W, 180.24 feet to a point,
23-12 14. S 1626'09" W, 63.10 feet to a point,
23-13 15. S 2549'20" W, 66.44 feet to a point,
23-14 16. S 1559'31" E, 36.80 feet to a point,
23-15 17. S 3621'33" E, 137.82 feet to a point,
23-16 18. S 0357'22" E, 68.35 feet to a point,
23-17 19. S 2145'38" W, 84.09 feet to a point,
23-18 20. S 8329'24" W, 79.80 feet to the POINT OF BEGINNING
23-19 containing 3.51 acres of land more or less.
23-20 TRACT C
23-21 BEGINNING at the northeast corner of St. Michael's Academy, a
23-22 subdivision whose plat is recorded in Book 84, Pages 187C through
23-23 188A of the Plat Records of Travis County;
23-24 THENCE along the north line of the said St. Michael's Academy S
23-25 8540'50" W, 771.47 feet to a point for the southwest corner of the
24-1 herein described tract;
24-2 THENCE, departing the north line of the said St. Michael's Academy
24-3 the following eight (8) courses:
24-4 1. N 0446'04" W, 240.85 feet to a point,
24-5 2. N 5532'23" E, 117.21 feet to a point,
24-6 3. N 1040'16" W, 135.36 feet to a point,
24-7 4. N 8140'00" E, 9.41 feet to a point of curvature,
24-8 5. a distance of 15.66 feet along the arc of a curve to the left
24-9 whose radius is 405.00 feet, central angle is 0212'56" and
24-10 whose chord bears N 8033'32" E, 15.66 feet to a non-tangent
24-11 point,
24-12 6. S 1035'24" E, 123.56 feet to a point,
24-13 7. S 7629'40" E, 708.19 feet to a point, and
24-14 8. a distance of 100.21 feet along the arc of a curve to the
24-15 left whose radius is 506.86 feet, central angle is 1119'38"
24-16 and whose chord bears S 1033'53" W, 100.04 feet to the POINT
24-17 OF BEGINNING containing 4.01 acres of land more or less.
24-18 TRACT D
24-19 COMMENCING for reference at a point on the north R.O.W. line of
24-20 said Barton Creek Boulevard being the northeast corner of said The
24-21 Estates of Barton Creek Section Two and being the northwest corner
24-22 of said The Estates of Barton Creek Section Two-A;
24-23 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
24-24 S 8112'08" W, 588.67 feet to a point and departing the said north
24-25 R.O.W. line in a perpendicular direction N 0847'52" W, 1963.65
25-1 feet to the POINT OF BEGINNING of the herein described 0.65 acre
25-2 tract;
25-3 THENCE along the perimeter of the said 0.65 acre tract in a
25-4 clockwise direction the following six (6) courses:
25-5 1. N 5915'18" E, 200.00 feet to a point,
25-6 2. S 0915'03" E, 50.00 feet to a point,
25-7 3. S 1605'03" E, 106.00 feet to a point,
25-8 4. S 6843'36" W, 179.00 feet to a point,
25-9 5. N 5807'56" W, 73.10 feet to a point, and
25-10 6. N 1434'57" E, 77.81 feet to the POINT OF BEGINNING
25-11 containing 0.65 acres of land more or less.
25-12 TRACT E
25-13 COMMENCING for reference at a point on the north R.O.W. line of
25-14 said Barton Creek Boulevard being the northeast corner of said The
25-15 Estates of Barton Creek Section Two and being the northwest corner
25-16 of said The Estates of Barton Creek Section Two-A;
25-17 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
25-18 S 8112'08" W, 101.30 feet to a point and departing the said north
25-19 R.O.W. line in a perpendicular direction N 0847'52" W, 2160.04
25-20 feet to the POINT OF BEGINNING of the herein described 4.87 acre
25-21 tract;
25-22 THENCE along the perimeter of the said 4.87 acre tract in a
25-23 clockwise direction the following twenty-two (22) courses:
25-24 1. N 5915'18" E, 230.00 feet to a point,
25-25 2. N 8619'46" E, 104.97 feet to a point,
26-1 3. N 5344'52" E, 97.03 feet to a point,
26-2 4. N 3412'16" E, 84.94 feet to a point,
26-3 5. N 2928'35" E, 86.10 feet to a point,
26-4 6. N 2424'20" E, 144.76 feet to a point,
26-5 7. N 3558'16" E, 59.93 feet to a point,
26-6 8. N 6220'46" E, 173.95 feet to a point,
26-7 9. S 4414'50" E, 79.45 feet to a point of curvature,
26-8 10. a distance of 218.39 feet along the arc of a curve to the
26-9 right whose radius is 200.00 feet, central angle is
26-10 6233'47", and whose chord bears S 1257'57" E, 207.70 feet
26-11 to the point of tangency,
26-12 11. S 1818'57" W, 72.26 feet to a point,
26-13 12. N 7147'36" W, 84.69 feet to a point,
26-14 13. S 4224'31" W, 98.37 feet to a point,
26-15 14. S 3934'28" W, 76.13 feet to a point,
26-16 15. S 6949'24" W, 179.27 feet to a point,
26-17 16. S 3804'05" W, 129.35 feet to a point,
26-18 17. S 6931'00" W, 42.14 feet to a point,
26-19 18. S 1730'04" W, 120.07 feet to a point,
26-20 19. S 6830'16" W, 106.56 feet to a point,
26-21 20. S 7811'42" W, 146.49 feet to a point,
26-22 21. N 2237'18" W, 58.00 feet to a point, and
26-23 22. N 0546'03" W, 154.00 feet to the POINT OF BEGINNING
26-24 containing 4.87 acres of land more or less.
26-25 TRACT F
27-1 COMMENCING for reference at a point on the north R.O.W. line of
27-2 said Barton Creek Boulevard being the northeast corner of said The
27-3 Estates of Barton Creek Section Two and being the northwest corner
27-4 of said The Estates of Barton Creek Section Two-A;
27-5 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
27-6 N 8112'08" E, 754.26 feet to a point and departing the said north
27-7 R.O.W. line in a perpendicular direction N 0847'52" W, 1716.67
27-8 feet to the POINT OF BEGINNING of the herein described 3.33 acre
27-9 tract;
27-10 THENCE along the perimeter of the said 3.33 acre tract in a
27-11 clockwise direction the following thirteen (13) courses:
27-12 1. N 1946'14" W, 185.60 feet to a point,
27-13 2. N 1239'19" E, 185.51 feet to a point,
27-14 3. N 2745'26" E, 90.72 feet to a point,
27-15 4. N 1848'19" E, 149.68 feet to a point,
27-16 5. N 1118'48" E, 92.62 feet to a point,
27-17 6. N 8631'32" W, 119.08 feet to a non-tangent point of
27-18 curvature,
27-19 7. a distance of 33.02 feet along the arc of a curve to the left
27-20 whose radius is 250.00 feet, central angle is 0734'07" and
27-21 whose chord bears N 0131'08" E, 33.00 feet to a point,
27-22 8. N 8909'54" E, 141.96 feet to a point,
27-23 9. N 8850'23" E, 89.88 feet to a point,
27-24 10. S 0049'44" W, 408.70 feet to a point,
27-25 11. S 1510'23" E, 182.56 feet to a point,
28-1 12. S 2756'21" W, 132.27 feet to a point, and
28-2 13. S 8633'33" W, 180.58 feet to the POINT OF BEGINNING
28-3 containing 3.33 acres of land more or less.
28-4 TRACT G
28-5 COMMENCING for reference at a point on the north R.O.W. line of
28-6 said Barton Creek Boulevard being the northeast corner of said The
28-7 Estates of Barton Creek Section Two and being the northwest corner
28-8 of said The Estates of Barton Creek Section Two-A;
28-9 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
28-10 S 8112'08" W, 73.28 feet to a point and departing the said north
28-11 R.O.W. line in a perpendicular direction N 0847'52" W, 1110.58
28-12 feet to the POINT OF BEGINNING of the herein described 3.60 acre
28-13 tract;
28-14 THENCE along the perimeter of the said 3.60 acre tract in a
28-15 clockwise direction the following thirteen (13) courses:
28-16 1. S 8251'29" W, 222.08 feet to a point,
28-17 2. N 1956'25" E, 84.48 feet to a point,
28-18 3. N 0407'00" W, 93.27 feet to a point,
28-19 4. N 0220'36" W, 42.90 feet to a point,
28-20 5. N 0543'29" E, 105.50 feet to a point,
28-21 6. N 2651'13" E, 97.07 feet to a point,
28-22 7. N 7925'42" E, 189.12 feet to a point,
28-23 8. N 5637'30" E, 410.93 feet to a point,
28-24 9. S 3630'48" E, 84.48 feet to a point,
28-25 10. S 5316'31" W, 119.92 feet to a point,
29-1 11. S 4806'24" W, 68.94 feet to a point,
29-2 12. S 3553'27" W, 397.24 feet to a point, and
29-3 13. S 2156'19" W, 142.91 feet to the POINT OF BEGINNING
29-4 containing 3.60 acres of land more or less.
29-5 SUBSECTION 4. FINDINGS RELATING TO BOUNDARIES. The
29-6 legislature finds that the boundaries and field notes of the
29-7 district form a closure. A mistake in the field notes or in
29-8 copying the field notes in the legislative process does not affect
29-9 the organization, existence, or validity of the district, the right
29-10 of the district to levy and collect taxes, or the legality or
29-11 operation of the district or its governing body.
29-12 SUBSECTION 5. FINDING OF BENEFIT. All of the land and other
29-13 property included within the boundaries of the district will be
29-14 benefited by the works and projects that are to be accomplished by
29-15 the district under the powers conferred by Article XVI, Section 59,
29-16 of the Texas Constitution. The district is created to serve a
29-17 public use and benefit.
29-18 SUBSECTION 6. POWERS. (a) The district has all of the
29-19 rights, powers, privileges, authority, functions, and duties
29-20 provided by the general law of this state, including Chapters 50
29-21 and 54, Water Code, applicable to municipal utility districts
29-22 created under Article XVI, Section 59, of the Texas Constitution.
29-23 This Act prevails over any provision of general law that is in
29-24 conflict or inconsistent with this Act.
29-25 (b) The rights, powers, privileges, authority,
30-1 functions, and duties of the district are subject to the continuing
30-2 right of supervision of the state to be exercised by and through
30-3 the Commission.
30-4 SUBSECTION 7. BOARD OF DIRECTORS. (a) The district is
30-5 governed by a board of five directors.
30-6 (b) Temporary directors serve until initial permanent
30-7 directors are elected under Subsection 9.
30-8 (c) Initial permanent directors serve until permanent
30-9 directors are elected under Subsection 10.
30-10 (d) Permanent directors other than initial permanent
30-11 directors serve staggered four year terms.
30-12 (e) Each director must qualify to serve as director in
30-13 the manner provided by Sections 54.025 or 54.116, Water Code, as
30-14 appropriate.
30-15 (f) A director serves until the director's successor
30-16 has qualified.
30-17 SUBSECTION 8. TEMPORARY DIRECTORS. (a) The temporary board
30-18 of directors is composed of:
30-19 (1) _____________________
30-20 (2) _____________________
30-21 (3) _____________________
30-22 (4) _____________________
30-23 (5) _____________________
30-24 (b) If a temporary director fails to qualify for
30-25 office, the temporary directors who have qualified shall appoint a
31-1 person to fill the vacancy. If at any time there are fewer than
31-2 three qualified temporary directors, the Commission shall appoint
31-3 the necessary number of persons to fill all vacancies on the board.
31-4 SUBSECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
31-5 (a) The temporary board of directors shall call and hold an
31-6 election to confirm establishment of the district and to elect five
31-7 initial directors as provided by Chapter 54, Water Code.
31-8 (b) Subsection (a), Section 41.001, Election Code,
31-9 does not apply to a confirmation election held as provided by this
31-10 section.
31-11 SUBSECTION 10. ELECTION OF DIRECTORS. On the first Saturday
31-12 in May of the fourth year after the year in which the confirmation
31-13 election is held, an election shall be held in the district for the
31-14 election of two directors which shall each serve two year terms and
31-15 three directors who shall serve four year terms. Thereafter, on
31-16 the same date in each subsequent second year, the appropriate
31-17 number of directors shall be elected to the board.
31-18 SUBSECTION 11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
31-19 No municipality in whose extraterritorial jurisdiction the district
31-20 is located shall pass any ordinances, resolutions or otherwise take
31-21 any actions which impair the ability of the district to exercise
31-22 its powers under this Act or which would limit the ability of the
31-23 district to finance, construct or operate its water, wastewater or
31-24 drainage systems.
31-25 SUBSECTION 12. ANNEXATION. The district may not be annexed
32-1 by a municipality in whose extraterritorial jurisdiction the
32-2 district lies without an affirmative vote of a majority of the
32-3 qualified voting electors at an election held by the district to
32-4 consider a proposition for or against such annexation.
32-5 SUBSECTION 13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
32-6 INSTALLATION OF FACILITIES. If a municipality in whose
32-7 extraterritorial jurisdiction the district is located annexes the
32-8 district for full or limited purposes and the annexation precludes
32-9 or impairs the ability of the district to issue bonds, the
32-10 municipality shall, simultaneously with the annexation, pay in cash
32-11 to the landowner or developer of the district a sum equal to all
32-12 actual costs and expenses incurred by the landowner or developer in
32-13 connection with the district that the district has, in writing,
32-14 agreed to pay and that would otherwise have been eligible for
32-15 reimbursement from bond proceeds under the rules and requirements
32-16 of the Commission as such rules and requirements exist on the date
32-17 of annexation. The municipality shall further be required to
32-18 install after annexation all necessary water, wastewater and
32-19 drainage facilities to serve full buildout of development within
32-20 the district.
32-21 SECTION 2. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION,
32-22 AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 4.
32-23 SUBSECTION 1. CREATION. (a) A conservation and reclamation
32-24 district, to be known as Travis County Municipal Utility District
32-25 No. 4, is created in Travis County, subject to approval at a
33-1 confirmation election under Subsection 9 of this Act. The district
33-2 is a governmental agency and a body politic and corporate.
33-3 (b) The district is created under and is essential to
33-4 accomplish the purposes of Article XVI, Section 59, of the Texas
33-5 Constitution.
33-6 SUBSECTION 2. DEFINITION. In this Act:
33-7 (1) "Commission" means the Texas Natural Resource
33-8 Conservation Commission.
33-9 (2) "District" means Travis County Municipal Utility
33-10 District No. 4.
33-11 SUBSECTION 3. BOUNDARIES. The district includes the
33-12 territory contained within the following area:
33-13 A DESCRIPTION, PREPARED IN THE OFFICE FROM INFORMATION OBTAINED
33-14 THROUGH PUBLIC RECORDS OF 519.01 ACRES OF LAND SITUATED IN THE
33-15 JAMES M. TRIBBLE SURVEY NO. 418, THE DRURY H. MINOR SURVEY NO. 416,
33-16 THE ISAAC PERKINS SURVEY NO. 38, THE ISAAC PERKINS SURVEY NO. 37,
33-17 THE H. BOND SURVEY NO. 54, THE PATTERSON MOORE SURVEY NO. 84, THE
33-18 JOHN L. BRAY SURVEY NO. 72, AND THE A. EANES SURVEY NO. 509, TRAVIS
33-19 COUNTY, TEXAS, BEING ALL OF THAT CERTAIN 100.087 ACRE TRACT OF LAND
33-20 CONVEYED TO BARTON CREEK PROPERTIES INC. BY WARRANTY DEED RECORDED
33-21 IN VOLUME 10763, PAGE 0151 OF THE REAL PROPERTY RECORDS OF TRAVIS
33-22 COUNTY, TEXAS, AND ALL OF THAT CERTAIN 200.388 ACRES OF LAND
33-23 CONVEYED TO BARTON CREEK PROPERTIES INC. BY GENERAL WARRANTY DEED
33-24 RECORDED IN VOLUME 11604, PAGE 175 OF THE SAID REAL PROPERTY
33-25 RECORDS AND BEING ALL OF THAT CERTAIN 38.311 ACRE TRACT OF LAND,
34-1 DESIGNATED AS TRACT TWO AND A PORTION OF THAT CERTAIN 30.997 ACRE
34-2 TRACT OF LAND, DESIGNATED AS TRACT ONE, CONVEYED TO BARTON CREEK
34-3 PROPERTIES INC. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME 10769,
34-4 PAGE 1255 OF THE SAID REAL PROPERTY RECORDS, ALSO BEING A PORTION
34-5 OF THAT CERTAIN 992.199 ACRE TRACT OF LAND CONVEYED TO BARTON CREEK
34-6 PROPERTIES INC. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME 10762,
34-7 PAGE 517 OF THE SAID REAL PROPERTY RECORDS, SAID 519.01 ACRES OF
34-8 LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
34-9 FOLLOWS:
34-10 BEGINNING at a point on the south right-of-way (R.O.W.) line of
34-11 Barton Creek Boulevard, an eighty (80) foot wide R.O.W., said point
34-12 being the most westerly northwest corner of that certain 45.107
34-13 acre tract of land described in a general warranty deed to Barton
34-14 Creek Properties Inc. recorded in Volume 11604, Page 175 of the
34-15 said Real Property Records;
34-16 THENCE along the westerly lines of the said 45.107 acre tract and
34-17 the said south R.O.W. line of Barton Creek Boulevard the following
34-18 fifteen (15) courses:
34-19 1. N 8112'08" E, 155.12 feet to a point,
34-20 2. departing the said south R.O.W. line continuing along the
34-21 westerly lines of the said 45.107 acre tract S 3209'13" E,
34-22 633.79 feet to a point,
34-23 3. S 6822'37" E, 208.69 feet to a point,
34-24 4. S 5013'51" E, 241.99 feet to a point,
34-25 5. S 6902'34" E, 81.92 feet to a point,
35-1 6. N 8147'21" E, 120.43 feet to a point,
35-2 7. N 1930'00" W, 280.70 feet to a point,
35-3 8. N 4706'43" E, 454.77 feet to a point,
35-4 9. N 7735'55" E, 341.77 feet to a point,
35-5 10. N 7930'41" E, 212.04 feet to a point,
35-6 11. N 0231'08" E, 152.45 feet to a point,
35-7 12. N 4918'40" W, 340.52 feet to a point,
35-8 13. N 4954'10" W, 321.85 feet to a point,
35-9 14. N 6611'15" W, 189.97 feet to a point, and
35-10 15. N 0415'45" E, 80.72 feet to a point on the south R.O.W. line
35-11 of Barton Creek Club Barton Club Drive Street Dedication
35-12 whose plat is recorded in Book 86, Pages 22D through 23A of
35-13 the Plat Records of Travis County, Texas;
35-14 THENCE, departing the westerly lines of the said 45.107 acre tract
35-15 along the south R.O.W. line of Barton Club Drive the following two
35-16 (2) courses:
35-17 1. S 8609'34" W, 139.34 feet to a point of curvature, and
35-18 2. a distance of 29.13 feet along the arc of a curve to the left
35-19 whose radius is 25.00 feet, central angle is 6645'32", and
35-20 whose chord bears S 5248'30" W, 27.51 feet to a point on the
35-21 curving east R.O.W. line of the said Barton Creek Boulevard;
35-22 THENCE, departing the south R.O.W. line of Barton Club Drive, along
35-23 the east R.O.W. line of the said Barton Creek Boulevard, the
35-24 following three (3) courses:
35-25 1. a distance of 331.06 feet along the arc of a curve to the
36-1 left whose radius is 540.00 feet, central angle is 3507'35",
36-2 and whose chord bears N 0151'58" E, 325.90 feet to the point
36-3 of tangency,
36-4 2. N 1541'50" W, 293.79 feet to a point of curvature, and
36-5 3. a distance of 82.25 feet along the arc of a curve to the
36-6 right whose radius is 460.00 feet, central angle is
36-7 1014'40", and whose chord bears N 1034'30" W, 82.14 feet to
36-8 the northwest corner of that certain 13.044 acre tract of
36-9 land conveyed to Barton Creek Properties Inc. by general
36-10 warranty deed recorded in Volume 11604, Page 175 of the said
36-11 Real Property Records;
36-12 THENCE, departing the said east R.O.W. line of Barton Creek
36-13 Boulevard along the north lines of the said 13.044 acre tract, the
36-14 following six (6) courses:
36-15 1. N 4305'34" E, 468.80 feet to a point,
36-16 2. N 1200'03" E, 246.77 feet to a point,
36-17 3. N 5520'24" E, 142.13 feet to a point,
36-18 4. S 7936'17" E, 463.00 feet to a point,
36-19 5. S 0132'59" W, 256.06 feet to a point, and
36-20 6. S 4340'54" E, 190.92 feet to a point on the north line of
36-21 The Second Replat of Barton Creek Club, a subdivision whose
36-22 plat is recorded in Book 89, Pages 168 through 171 of the
36-23 said Plat Records;
36-24 THENCE, departing the north lines of the said 13.044 acre tract
36-25 along the north line of the said Barton Creek Club, the following
37-1 six (6) courses:
37-2 1. N 4657'01" E, 54.20 feet to a point,
37-3 2. S 6440'59" E, 214.00 feet to a point,
37-4 3. S 4735'59" E, 329.18 feet to a point,
37-5 4. N 8641'31" E, 115.73 feet to a point,
37-6 5. N 7230'24" E, 425.99 feet to a point, and
37-7 6. S 1102'56" W, 254.74 feet to a point for an easterly corner
37-8 of that certain 45.141 acre tract described in a general
37-9 warranty deed to Barton Creek Properties Inc. recorded in
37-10 Volume 11064, Page 175 of the said Real Property Records;
37-11 THENCE, departing the north lines of the said Barton Creek Club
37-12 along the west and north lines of the said 45.141 acre tract, the
37-13 following sixteen (16) courses:
37-14 1. N 5123'20" E, 84.73 feet to a point,
37-15 2. N 2011'54" E, 249.89 feet to a point,
37-16 3. S 8240'42" W, 301.03 feet to a point,
37-17 4. N 3926'48" W, 65.40 feet to a point,
37-18 5. N 5942'08" E, 206.12 feet to a point,
37-19 6. N 1140'24" E, 156.85 feet to a point,
37-20 7. N 1957'53" E, 369.50 feet to a point,
37-21 8. N 2505'34" W, 151.78 feet to a point,
37-22 9. N 0419'26" W, 538.16 feet to a point,
37-23 10. N 0519'27" E, 264.65 feet to a point of curvature,
37-24 11. a distance of 320.20 feet along the arc of a curve to the
37-25 right whose radius is 460.00 feet, central angle is
38-1 3952'58", and whose chord bears S 5954'01" E, 313.77 feet
38-2 to the point of tangency,
38-3 12. S 3957'32" E, 183.09 feet to a point of curvature,
38-4 13. a distance of 239.03 feet along the arc of a curve to the
38-5 left whose radius is 540.29 feet, central angle is 2520'53",
38-6 and whose chord bears S 5237'58" E, 237.09 feet to a
38-7 non-tangent point,
38-8 14. S 3341'10" W, 31.97 feet to a non-tangent point of
38-9 curvature,
38-10 15. S 2804'19" E, 576.10 feet to a point, and
38-11 16. S 3608'45" E, 627.13 feet to a point in an east line of the
38-12 said 992.199 acre tract;
38-13 THENCE, departing the north lines of the said 45.411 acre tract
38-14 along the easterly lines of the said 992.199 acre tract the
38-15 following twelve (12) courses:
38-16 1. S 2633'24" W, 32.87 feet to a point,
38-17 2. S 2837'39" W, 497.06 feet to a point,
38-18 3. S 2748'50" W, 97.90 feet to a point,
38-19 4. S 2907'00" W, 378.12 feet to a point,
38-20 5. S 2938'03" W, 69.48 feet to a point,
38-21 6. S 2827'03" W, 239.88 feet to a point,
38-22 7. S 8644'29" E, 1,284.61 feet to a point,
38-23 8. S 3451'24" E, 1,156.19 feet to a point,
38-24 9. S 5013'07" W, 299.96 feet to a point,
38-25 10. S 5522'07" W, 758.11 feet to a point,
39-1 11. S 3859'07" W, 570.11 feet to a point, and
39-2 12. S 2345'07" W, 325.17 feet to the most easterly southeast
39-3 corner of the said 992.199 acre tract in the north line of
39-4 the said Barton Creek Properties Inc. 100.087 acre tract;
39-5 THENCE along the north, east, and south lines of the said 100.087
39-6 acre tract the following eleven (11) courses:
39-7 1. S 2144'42" W, 102.98 feet to a point,
39-8 2. S 0214'03" E, 490.97 feet to a point,
39-9 3. S 6020'03" E, 200.50 feet to a point,
39-10 4. S 3138'03" E, 378.64 feet to a point,
39-11 5. S 4504'03" E, 250.09 feet to a point,
39-12 6. S 6130'03" E, 741.87 feet to a point,
39-13 7. S 1308'03" E, 518.29 feet to a point,
39-14 8. S 2902'10" W, 305.89 feet to a point,
39-15 9. N 8141'03" W, 743.04 feet to a point,
39-16 10. S 8922'57" W, 740.04 feet to a point, and
39-17 11. N 3022'03" W, 107.72 feet to the northeast corner of the
39-18 said 38.311 acre tract;
39-19 THENCE along the south and west lines of the said 38.311 acre tract
39-20 the following sixteen (16) courses:
39-21 1. S 6227'55" W, 169.30 feet to a point,
39-22 2. N 4032'19" W, 347.64 feet to a point,
39-23 3. N 6437'21" W, 142.17 feet to a point,
39-24 4. N 8456'53" W, 268.49 feet to a point in the northeast line
39-25 of The Foothills of Barton Creek, a subdivision whose plat is
40-1 recorded in Book 85, Pages 74D through 75C of the said Plat
40-2 Records,
40-3 5. along the north lines of the said The Foothills of Barton
40-4 Creek, continuing along the south line of the said 38.311
40-5 acre tract S 6856'35" W, 54.85 feet to a point,
40-6 6. S 6931'02" W, 408.13 feet to a point,
40-7 7. S 7321'40" W, 348.16 feet to a point,
40-8 8. S 8432'40" W, 276.16 feet to a point,
40-9 9. S 7921'40" W, 302.77 feet to a point,
40-10 10. N 8404'20" W, 272.32 feet to a point,
40-11 11. N 7016'20" W, 88.86 feet to a point,
40-12 12. S 7848'40" W, 81.82 feet to a point,
40-13 13. S 8527'40" W, 172.98 feet to a point,
40-14 14. N 8847'20" W, 48.24 feet to a point,
40-15 15. S 5621'40" W, 80.05 feet to a point, and
40-16 16. S 8148'40" W, 152.04 feet to a point on the east line of The
40-17 Estates Above Lost Creek, a subdivision whose plat is
40-18 recorded in Book 81, Pages 286 through 294 of the said Plat
40-19 Records;
40-20 THENCE, departing the north line of said The Foothills of Barton
40-21 Creek along the east line of said The Estates Above Lost Creek the
40-22 following six (6) courses:
40-23 1. N 3205'57" W, 65.61 feet to a point,
40-24 2. N 2821'51" E, 634.36 feet to a point,
40-25 3. N 0242'23" E, 92.91 feet to a point,
41-1 4. N 2803'03" E, 52.52 feet to a point,
41-2 5. N 3856'19" E, 37.87 feet to a point, and
41-3 6. N 5157'00" E, 37.52 feet to a point;
41-4 THENCE, departing the east line of said The Estates Above Lost
41-5 Creek and the west line of the said 38.311 acre tract, crossing the
41-6 said 30.997 acre tract N 4921'11" E, 848.83 feet to a point in the
41-7 west line of the Ben Crenshaw Golf Course, a subdivision, whose
41-8 plat is recorded in Book 88, Pages 310 through 312 of the said Plat
41-9 Records;
41-10 THENCE along the west lines of said Ben Crenshaw Golf Course the
41-11 following six (6) courses:
41-12 1. N 1954'01" W, 82.85 feet to a point,
41-13 2. N 0102'59" E, 382.06 feet to a point,
41-14 3. N 3344'58" E, 856.79 feet to a point,
41-15 4. N 0219'32" W, 394.32 feet to a point,
41-16 5. N 2630'40" E, 665.81 feet to a point, and
41-17 6. N 0628'34" E, 186.19 feet to a point to a point in a
41-18 southerly line of said 45.107 acre tract;
41-19 THENCE, departing the west line of the said Ben Crenshaw Golf
41-20 Course, along the southerly lines of said 45.107 acre tract the
41-21 following twelve (12) courses:
41-22 1. S 7343'57" W, 280.95 feet to a point,
41-23 2. N 5737'12" W, 149.20 feet to a point,
41-24 3. S 6903'49" W, 370.24 feet to a point,
41-25 4. S 7222'24" W, 508.89 feet to a point,
42-1 5. S 4746'42" E, 423.06 feet to a point,
42-2 6. S 2900'09" W, 202.95 feet to a point,
42-3 7. N 6838'09" W, 141.10 feet to a point,
42-4 8. N 8350'22" W, 126.73 feet to a point,
42-5 9. N 3213'32" W, 234.41 feet to a point,
42-6 10. N 7252'46" W, 923.63 feet to a point,
42-7 11. N 2521'45" W, 285.52 feet to a point, and
42-8 12. N 1855'37" W, 560.46 feet to the POINT OF BEGINNING
42-9 containing 437.63 acres of land more or less TOGETHER WITH
42-10 53.91 acres of land, being an 8.081 acre tract of land, a
42-11 20.029 acre tract of land, a 17.516 acre tract of land, and
42-12 an 8.284 acre tract and being more particularly described in
42-13 a general warranty deed to Barton Creek Properties Inc.
42-14 recorded in Volume 11604, Page 175 of the said Real Property
42-15 Records, and TOGETHER WITH 27.47 acres of land more or less
42-16 for a total area herein described of 519.01 acres, said 27.47
42-17 acres being seven (7) tracts of land designated as Tracts A,
42-18 B, C, D, E, F and G containing 7.50 acres, 3.51 acres, 4.01
42-19 acres, 0.65 acres, 4.87 acres, 3.33 acres and 3.60 acres of
42-20 land respectively and being more particularly described by
42-21 metes and bounds as follows:
42-22 TRACT A
42-23 COMMENCING for reference at a point on the north R.O.W. line of
42-24 said Barton Creek Boulevard, being the northeast corner of The
42-25 Estates of Barton Creek Section Two, a subdivision whose plat is
43-1 recorded in Book 85, Pages 118B through 119A of the said Plat
43-2 Records;
43-3 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
43-4 S 8112'08" W, 1250.04 feet to a point and departing the said north
43-5 R.O.W. line in a perpendicular direction crossing the said 992.199
43-6 acres N 0847'52" W, 1271.52 feet to the POINT OF BEGINNING of the
43-7 herein described 7.50 acre tract;
43-8 THENCE, continuing to cross the said 992.199 acres along the
43-9 perimeter of the said 7.50 acre tract in a clockwise direction the
43-10 following thirty-eight (38) courses:
43-11 1. N 3041'58" W, 67.67 feet to a point,
43-12 2. N 5553'23" W, 139.91 feet to a point,
43-13 3. N 5931'30" W, 247.65 feet to a point,
43-14 4. N 7422'36" W, 138.54 feet to a point,
43-15 5. S 5958'15" W, 135.30 feet to a point,
43-16 6. S 5954'25" W, 446.39 feet to a point,
43-17 7. S 1630'25" E, 112.82 feet to a non-tangent point of
43-18 curvature,
43-19 8. a distance of 33.16 feet along the arc of a curve to the
43-20 right whose radius is 345.00 feet, central angle is 0530'26"
43-21 and whose chord bears S 7854'47" W, 33.15 feet to a
43-22 non-tangent point,
43-23 9. N 1630'25" W, 151.05 feet to a point,
43-24 10. N 0205'36" E, 47.91 feet to a point,
43-25 11. N 2322'28" E, 47.89 feet to a point,
44-1 12. N 3703'23" E, 416.69 feet to a point,
44-2 13. N 3756'40" E, 63.67 feet to a point,
44-3 14. N 5231'47" E, 50.40 feet to a point,
44-4 15. N 7116'13" E, 50.42 feet to a point,
44-5 16. S 8957'57" E, 50.50 feet to a point,
44-6 17. S 7128'25" E, 49.57 feet to a point,
44-7 18. S 6053'36" E, 73.82 feet to a point,
44-8 19. S 6042'59" E, 69.78 feet to a point,
44-9 20. S 6200'49" E, 73.56 feet to a point,
44-10 21. S 6631'28" E, 75.01 feet to a point,
44-11 22. S 7140'40" E, 75.46 feet to a point,
44-12 23. S 7639'35" E, 75.28 feet to a point,
44-13 24. S 8140'07" E, 75.29 feet to a point,
44-14 25. S 8641'17" E, 75.13 feet to a point,
44-15 26. N 8943'39" E, 71.50 feet to a point,
44-16 27. S 8933'24" E, 60.75 feet to a point,
44-17 28. N 0823'51" E, 120.04 feet to a point,
44-18 29. S 8132'02" E, 24.59 feet to a point,
44-19 30. S 0807'44" W, 119.95 feet to a point,
44-20 31. S 4620'07" E, 31.26 feet to a point,
44-21 32. S 2711'00" E, 42.68 feet to a point,
44-22 33. S 1601'31" E, 67.92 feet to a point,
44-23 34. S 0319'59" E, 47.30 feet to a point,
44-24 35. S 1829'47" W, 47.28 feet to a point,
44-25 36. S 4028'45" W, 47.37 feet to a point,
45-1 37. S 6007'59" W, 58.23 feet to a point, and
45-2 38. S 6235'42" W, 146.72 feet to the POINT OF BEGINNING
45-3 containing 7.50 acres of land more or less.
45-4 TRACT B
45-5 COMMENCING for reference at a point on the north R.O.W. line of
45-6 said Barton Creek Boulevard being the northeast corner of said The
45-7 Estates of Barton Creek Section Two and being the northwest corner
45-8 of said The Estates of Barton Creek Section Two-A;
45-9 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
45-10 S 8112'08" W, 997.99 feet to a point and departing the said north
45-11 R.O.W. line in a perpendicular direction N 0847'52" W, 592.77 feet
45-12 to the POINT OF BEGINNING of the herein described 3.51 acre tract;
45-13 THENCE along the perimeter of the said 3.51 acre tract in a
45-14 clockwise direction the following twenty (20) courses:
45-15 1. N 5147'58" W, 108.64 feet to a point,
45-16 2. N 1921'57" W, 84.55 feet to a point,
45-17 3. N 1438'00" E, 645.67 feet to a non-tangent point of
45-18 curvature,
45-19 4. a distance of 93.77 feet along the arc of a curve to the left
45-20 whose radius is 305.00 feet, central angle is 1736'51" and
45-21 whose chord bears N 0131'14" E, 93.40 feet to a point,
45-22 5. N 8242'49" E, 140.05 feet to a point,
45-23 6. S 7913'21" E, 148.22 feet to a point,
45-24 7. S 0226'13" W, 134.15 feet to a point,
45-25 8. S 1724'24" W, 136.48 feet to a point,
46-1 9. S 7858'23" W, 40.90 feet to a point,
46-2 10. N 7934'54" W, 68.35 feet to a point,
46-3 11. N 6427'10" W, 107.77 feet to a point,
46-4 12. S 1226'21" W, 41.26 feet to a point,
46-5 13. S 0505'42" W, 180.24 feet to a point,
46-6 14. S 1626'09" W, 63.10 feet to a point,
46-7 15. S 2549'20" W, 66.44 feet to a point,
46-8 16. S 1559'31" E, 36.80 feet to a point,
46-9 17. S 3621'33" E, 137.82 feet to a point,
46-10 18. S 0357'22" E, 68.35 feet to a point,
46-11 19. S 2145'38" W, 84.09 feet to a point, and
46-12 20. S 8329'24" W, 79.80 feet to the POINT OF BEGINNING
46-13 containing 3.51 acres of land more or less.
46-14 TRACT C
46-15 BEGINNING at the northeast corner of St. Michael's Academy, a
46-16 subdivision whose plat is recorded in Book 84, Pages 187C through
46-17 188A of the Plat Records of Travis County;
46-18 THENCE along the north line of the said St. Michael's Academy S
46-19 8540'50" W, 771.47 feet to a point for the southwest corner of the
46-20 herein described tract;
46-21 THENCE, departing the north line of the said St. Michael's Academy
46-22 the following eight (8) courses:
46-23 1. N 0446'04" W, 240.85 feet to a point,
46-24 2. N 5532'23" E, 117.21 feet to a point,
46-25 3. N 1040'16" W, 135.36 feet to a point,
47-1 4. N 8140'00" E, 9.41 feet to a point of curvature,
47-2 5. a distance of 15.66 feet along the arc of a curve to the left
47-3 whose radius is 405.00 feet, central angle is 0212'56" and
47-4 whose chord bears N 8033'32" E, 15.66 feet to a non-tangent
47-5 point,
47-6 6. S 1035'24" E, 123.56 feet to a point,
47-7 7. S 7629'40" E, 708.19 feet to a point, and
47-8 8. a distance of 100.21 feet along the arc of a curve to the
47-9 left whose radius is 506.86 feet, central angle is 1119'38"
47-10 and whose chord bears S 1033'53" W, 100.04 feet to the POINT
47-11 OF BEGINNING containing 4.01 acres of land more or less.
47-12 TRACT D
47-13 COMMENCING for reference at a point on the north R.O.W. line of
47-14 said Barton Creek Boulevard being the northeast corner of said The
47-15 Estates of Barton Creek Section Two and being the northwest corner
47-16 of said The Estates of Barton Creek Section Two-A;
47-17 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
47-18 S 8112'08" W, 588.67 feet to a point and departing the said north
47-19 R.O.W. line in a perpendicular direction N 0847'52" W, 1963.65
47-20 feet to the POINT OF BEGINNING of the herein described 0.65 acre
47-21 tract;
47-22 THENCE along the perimeter of the said 0.65 acre tract in a
47-23 clockwise direction the following six (6) courses:
47-24 1. N 5915'18" E, 200.00 feet to a point,
47-25 2. S 0915'03" E, 50.00 feet to a point,
48-1 3. S 1605'03" E, 106.00 feet to a point,
48-2 4. S 6843'36" W, 179.00 feet to a point,
48-3 5. N 5807'56" W, 73.10 feet to a point, and
48-4 6. N 1434'57" E, 77.81 feet to the POINT OF BEGINNING
48-5 containing 0.65 acres of land more or less.
48-6 TRACT E
48-7 COMMENCING for reference at a point on the north R.O.W. line of
48-8 said Barton Creek Boulevard being the northeast corner of said The
48-9 Estates of Barton Creek Section Two and being the northwest corner
48-10 of said The Estates of Barton Creek Section Two-A;
48-11 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
48-12 S 8112'08" W, 101.30 feet to a point and departing the said north
48-13 R.O.W. line in a perpendicular direction N 0847'52" W, 2160.04
48-14 feet to the POINT OF BEGINNING of the herein described 4.87 acre
48-15 tract;
48-16 THENCE along the perimeter of the said 4.87 acre tract in a
48-17 clockwise direction the following twenty-two (22) courses:
48-18 1. N 5915'18" E, 230.00 feet to a point,
48-19 2. N 8619'46" E, 104.97 feet to a point,
48-20 3. N 5344'52" E, 97.03 feet to a point,
48-21 4. N 3412'16" E, 84.94 feet to a point,
48-22 5. N 2928'35" E, 86.10 feet to a point,
48-23 6. N 2424'20" E, 144.76 feet to a point,
48-24 7. N 3558'16" E, 59.93 feet to a point,
48-25 8. N 6220'46" E, 173.95 feet to a point,
49-1 9. S 4414'50" E, 79.45 feet to a point of curvature,
49-2 10. a distance of 218.39 feet along the arc of a curve to the
49-3 right whose radius is 200.00 feet, central angle is
49-4 6233'47", and whose chord bears S 1257'57" E, 207.70 feet
49-5 to the point of tangency,
49-6 11. S 1818'57" W, 72.26 feet to a point,
49-7 12. N 7147'36" W, 84.69 feet to a point,
49-8 13. S 4224'31" W, 98.37 feet to a point,
49-9 14. S 3934'28" W, 76.13 feet to a point,
49-10 15. S 6949'24" W, 179.27 feet to a point,
49-11 16. S 3804'05" W, 129.35 feet to a point,
49-12 17. S 6931'00" W, 42.14 feet to a point,
49-13 18. S 1730'04" W, 120.07 feet to a point,
49-14 19. S 6830'16" W, 106.56 feet to a point,
49-15 20. S 7811'42" W, 146.49 feet to a point,
49-16 21. N 2237'18" W, 58.00 feet to a point, and
49-17 22. N 0546'03" W, 154.00 feet to the POINT OF BEGINNING
49-18 containing 4.87 acres of land more or less.
49-19 TRACT F
49-20 COMMENCING for reference at a point on the north R.O.W. line of
49-21 said Barton Creek Boulevard being the northeast corner of said The
49-22 Estates of Barton Creek Section Two and being the northwest corner
49-23 of said The Estates of Barton Creek Section Two-A;
49-24 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
49-25 N 8112'08" E, 754.26 feet to a point and departing the said north
50-1 R.O.W. line in a perpendicular direction N 0847'52" W, 1716.67
50-2 feet to the POINT OF BEGINNING of the herein described 3.33 acre
50-3 tract;
50-4 THENCE along the perimeter of the said 3.33 acre tract in a
50-5 clockwise direction the following thirteen (13) courses:
50-6 1. N 1946'14" W, 185.60 feet to a point,
50-7 2. N 1239'19" E, 185.51 feet to a point,
50-8 3. N 2745'26" E, 90.72 feet to a point,
50-9 4. N 1848'19" E, 149.68 feet to a point,
50-10 5. N 1118'48" E, 92.62 feet to a point,
50-11 6. N 8631'32" W, 119.08 feet to a non-tangent point of
50-12 curvature,
50-13 7. a distance of 33.02 feet along the arc of a curve to the left
50-14 whose radius is 250.00 feet, central angle is 0734'07" and
50-15 whose chord bears N 0131'08" E, 33.00 feet to a point,
50-16 8. N 8909'54" E, 141.96 feet to a point,
50-17 9. N 8850'23" E, 89.88 feet to a point,
50-18 10. S 0049'44" W, 408.70 feet to a point,
50-19 11. S 1510'23" E, 182.56 feet to a point,
50-20 12. S 2756'21" W, 132.27 feet to a point, and
50-21 13. S 8633'33" W, 180.58 feet to the POINT OF BEGINNING
50-22 containing 3.33 acres of land more or less.
50-23 TRACT G
50-24 COMMENCING for reference at a point on the north R.O.W. line of
50-25 said Barton Creek Boulevard being the northeast corner of said The
51-1 Estates of Barton Creek Section Two and being the northwest corner
51-2 of said The Estates of Barton Creek Section Two-A;
51-3 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
51-4 S 8112'08" W, 73.28 feet to a point and departing the said north
51-5 R.O.W. line in a perpendicular direction N 0847'52" W, 1110.58
51-6 feet to the POINT OF BEGINNING of the herein described 3.60 acre
51-7 tract;
51-8 THENCE along the perimeter of the said 3.60 acre tract in a
51-9 clockwise direction the following thirteen (13) courses:
51-10 1. S 8251'29" W, 222.08 feet to a point,
51-11 2. N 1956'25" E, 84.48 feet to a point,
51-12 3. N 0407'00" W, 93.27 feet to a point,
51-13 4. N 0220'36" W, 42.90 feet to a point,
51-14 5. N 0543'29" E, 105.50 feet to a point,
51-15 6. N 2651'13" E, 97.07 feet to a point,
51-16 7. N 7925'42" E, 189.12 feet to a point,
51-17 8. N 5637'30" E, 410.93 feet to a point,
51-18 9. S 3630'48" E, 84.48 feet to a point,
51-19 10. S 5316'31" W, 119.92 feet to a point,
51-20 11. S 4806'24" W, 68.94 feet to a point,
51-21 12. S 3553'27" W, 397.24 feet to a point, and
51-22 13. S 2156'19" W, 142.91 feet to the POINT OF BEGINNING
51-23 containing 3.60 acres of land more or less.
51-24 SUBSECTION 4. FINDINGS RELATING TO BOUNDARIES. The
51-25 legislature finds that the boundaries and field notes of the
52-1 district form a closure. A mistake in the field notes or in
52-2 copying the field notes in the legislative process does not affect
52-3 the organization, existence, or validity of the district, the right
52-4 of the district to levy and collect taxes, or the legality or
52-5 operation of the district or its governing body.
52-6 SUBSECTION 5. FINDING OF BENEFIT. All of the land and other
52-7 property included within the boundaries of the district will be
52-8 benefited by the works and projects that are to be accomplished by
52-9 the district under the powers conferred by Article XVI, Section 59,
52-10 of the Texas Constitution. The district is created to serve a
52-11 public use and benefit.
52-12 SUBSECTION 6. POWERS. (a) The district has all of the
52-13 rights, powers, privileges, authority, functions, and duties
52-14 provided by the general law of this state, including Chapters 50
52-15 and 54, Water Code, applicable to municipal utility districts
52-16 created under Article XVI, Section 59, of the Texas Constitution.
52-17 This Act prevails over any provision of general law that is in
52-18 conflict or inconsistent with this Act.
52-19 (b) The rights, powers, privileges, authority,
52-20 functions, and duties of the district are subject to the continuing
52-21 right of supervision of the state to be exercised by and through
52-22 the Commission.
52-23 SUBSECTION 7. BOARD OF DIRECTORS. (a) The district is
52-24 governed by a board of five directors.
52-25 (b) Temporary directors serve until initial permanent
53-1 directors are elected under Subsection 9.
53-2 (c) Initial permanent directors serve until permanent
53-3 directors are elected under Subsection 10.
53-4 (d) Permanent directors other than initial permanent
53-5 directors serve staggered four year terms.
53-6 (e) Each director must qualify to serve as director in
53-7 the manner provided by Sections 54.025 or 54.116, Water Code, as
53-8 appropriate.
53-9 (f) A director serves until the director's successor
53-10 has qualified.
53-11 SUBSECTION 8. TEMPORARY DIRECTORS. (a) The temporary board
53-12 of directors is composed of:
53-13 (1) _________________________
53-14 (2) _________________________
53-15 (3) _________________________
53-16 (4) _________________________
53-17 (5) _________________________
53-18 (b) If a temporary director fails to qualify for
53-19 office, the temporary directors who have qualified shall appoint a
53-20 person to fill the vacancy. If at any time there are fewer than
53-21 three qualified temporary directors, the Commission shall appoint
53-22 the necessary number of persons to fill all vacancies on the board.
53-23 SUBSECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
53-24 (a) The temporary board of directors shall call and hold an
53-25 election to confirm establishment of the district and to elect five
54-1 initial directors as provided by Chapter 54, Water Code.
54-2 (b) Subsection (a), Section 41.001, Election Code,
54-3 does not apply to a confirmation election held as provided by this
54-4 section.
54-5 SUBSECTION 10. ELECTION OF DIRECTORS. On the first Saturday
54-6 in May of the fourth year after the year in which the confirmation
54-7 election is held, an election shall be held in the district for the
54-8 election of two directors which shall each serve two year terms and
54-9 three directors who shall serve four year terms. Thereafter, on
54-10 the same date in each subsequent second year, the appropriate
54-11 number of directors shall be elected to the board.
54-12 SUBSECTION 11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
54-13 No municipality in whose extraterritorial jurisdiction the district
54-14 is located shall pass any ordinances, resolutions or otherwise take
54-15 any actions which impair the ability of the district to exercise
54-16 its powers under this Act or which would limit the ability of the
54-17 district to finance, construct or operate its water, wastewater or
54-18 drainage systems.
54-19 SUBSECTION 12. ANNEXATION. The district may not be annexed
54-20 by a municipality in whose extraterritorial jurisdiction the
54-21 district lies without an affirmative vote of a majority of the
54-22 qualified voting electors at an election held by the district to
54-23 consider a proposition for or against such annexation.
54-24 SUBSECTION 13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
54-25 INSTALLATION OF FACILITIES. If a municipality in whose
55-1 extraterritorial jurisdiction the district is located annexes the
55-2 district for full or limited purposes and the annexation precludes
55-3 or impairs the ability of the district to issue bonds, the
55-4 municipality shall, simultaneously with the annexation, pay in cash
55-5 to the landowner or developer of the district a sum equal to all
55-6 actual costs and expenses incurred by the landowner or developer in
55-7 connection with the district that the district has, in writing,
55-8 agreed to pay and that would otherwise have been eligible for
55-9 reimbursement from bond proceeds under the rules and requirements
55-10 of the Commission as such rules and requirements exist on the date
55-11 of annexation. The municipality shall further be required to
55-12 install after annexation all necessary water, wastewater and
55-13 drainage facilities to serve full buildout of development within
55-14 the district.
55-15 SECTION 3. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION,
55-16 AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 5.
55-17 SUBSECTION 1. CREATION. (a) A conservation and reclamation
55-18 district, to be known as Travis County Municipal Utility District
55-19 No. 5, is created in Travis County, subject to approval at a
55-20 confirmation election under Subsection 9 of this Act. The district
55-21 is a governmental agency and a body politic and corporate.
55-22 (b) The district is created under and is essential to
55-23 accomplish the purposes of Article XVI, Section 59, of the Texas
55-24 Constitution.
55-25 SUBSECTION 2. DEFINITION. In this Act:
56-1 (1) "Commission" means the Texas Natural Resource
56-2 Conservation Commission.
56-3 (2) "District" means Travis County Municipal Utility
56-4 District No. 5.
56-5 SUBSECTION 3. BOUNDARIES. The district includes the
56-6 territory contained within the following area:
56-7 A DESCRIPTION, PREPARED FROM INFORMATION OBTAINED THROUGH PUBLIC
56-8 RECORDS, OF A 686.80 ACRE TRACT OF LAND SITUATED IN THE JAMES M.
56-9 TRIBBLE SURVEY NO. 418, THE DRURY H. MINOR SURVEY NO. 416, THE
56-10 THOMAS JESTER SURVEY NO. 150, THE R. M. JOHNSON SURVEY NO. 74, AND
56-11 THE WILLIAM S. HALL SURVEY NO. 412 ALL OF TRAVIS COUNTY, TEXAS
56-12 BEING ALL OF THOSE CERTAIN TRACTS OF LAND, AS LISTED BELOW,
56-13 CONVEYED TO BARTON CREEK PROPERTIES INC. BY DEEDS RECORDED IN THE
56-14 DEED RECORDS OR REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS:
56-15 1. 250.62 ACRES, VOLUME 10845, PAGE 595,
56-16 2. 37.1105 ACRES, VOLUME 10841, PAGE 544,
56-17 3. 2.0432 ACRES, VOLUME 10882, PAGE 1,
56-18 4. 2.1768 ACRES, VOLUME 10920, PAGE 248,
56-19 5. 9.673 ACRES, VOLUME 10828, PAGE 469,
56-20 6. 9.6021 ACRES, VOLUME 10852, PAGE 87,
56-21 7. 9.2007 ACRES, VOLUME 10882, PAGE 590,
56-22 8. 7.2266 ACRES, VOLUME 10836, PAGE 327,
56-23 9. 9.6358 ACRES, VOLUME 10828, PAGE 478,
56-24 10. 9.6332 ACRES, VOLUME 10875, PAGE 343,
56-25 11. 9.584 ACRES, VOLUME 10828, PAGE 459,
57-1 12. 15.962 ACRES, VOLUME 10853, PAGE 619,
57-2 13. 4.432 ACRES, VOLUME 10881, PAGE 559,
57-3 14. 2.437 ACRES, VOLUME 10836, PAGE 319,
57-4 15. 61.9912 ACRES, VOLUME 10982, PAGE 761,
57-5 16. 37.746 ACRES, VOLUME 11040, PAGE 849,
57-6 17. 4.8789 ACRES, VOLUME 11139, PAGE 979,
57-7 18. 4.7714 ACRES, VOLUME 11139, PAGE 996,
57-8 19. 9.6348 ACRES, VOLUME 10860, PAGE 543, AND
57-9 20. 5.005 ACRES (TRACT 1), VOLUME 10887, PAGE 1098;
57-10 ALSO BEING PORTIONS OF THOSE CERTAIN TRACTS OF LAND, AS LISTED
57-11 BELOW, CONVEYED TO BARTON CREEK PROPERTIES INC. BY DEEDS RECORDED
57-12 IN THE DEED RECORDS OR REAL PROPERTY RECORDS OF TRAVIS COUNTY,
57-13 TEXAS:
57-14 1. 36.95 ACRES, VOLUME 10928, PAGE 652,
57-15 2. 36.162 ACRES, VOLUME 10768, PAGE 1513,
57-16 3. 43.364 ACRES, VOLUME 10888, PAGE 515,
57-17 4. 201.31 ACRES, VOLUME 10783, PAGE 448,
57-18 5. 9.6186 ACRES, VOLUME 10840, PAGE 689,
57-19 6. 9.644 ACRES, VOLUME 10869, PAGE 604, AND
57-20 7. 32.596 ACRES (TRACT TWO), VOLUME 10887, PAGE 1098;
57-21 SAID 686.80 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES
57-22 AND BOUNDS AS FOLLOWS:
57-23 BEGINNING at the southeast corner of the said 250.62 acre tract for
57-24 the southeast corner of the herein described tract;
57-25 THENCE along the south line of the said 250.67 acre tract the
58-1 following fourteen (14) courses:
58-2 1. N 6954'49" W, 146.95 feet to a point,
58-3 2. N 7157'40" W, 105.13 feet to a point,
58-4 3. N 6234'57" W, 662.17 feet to a point,
58-5 4. N 6207'51" W, 180.38 feet to a point,
58-6 5. N 5725'18" W, 49.64 feet to a point,
58-7 6. N 6341'12" W, 182.55 feet to a point,
58-8 7. N 6238'10" W, 451.48 feet to a point,
58-9 8. N 5238'22" W, 105.90 feet to a point,
58-10 9. N 5728'33" W, 193.15 feet to a point,
58-11 10. N 5919'22" W, 104.03 feet to a point,
58-12 11. N 6829'02" W, 230.60 feet to a point,
58-13 12. N 5918'46" W, 61.72 feet to a point,
58-14 13. N 6051'00" W, 167.01 feet to a point, and
58-15 14. N 6252'26" W, 744.98 feet to a point to the northeast corner
58-16 of the said Barton Creek Properties Inc. 15.962 acre tract;
58-17 THENCE along the east line of the said 15.962 acre tract the
58-18 following four (4) courses:
58-19 1. S 2725'32" W, 498.34 feet to a point,
58-20 2. S 2719'25" W, 48.35 feet to a point,
58-21 3. S 5616'25" W, 177.71 feet to a point, and
58-22 4. S 1027'13" W, 299.48 feet to the southeast corner of the
58-23 said 15.962 acre tract in the north line of said Southwest
58-24 Parkway;
58-25 THENCE along the south line of the said 15.962 acre tract and the
59-1 north line of said Southwest Parkway the following three (3)
59-2 courses:
59-3 1. N 8340'54" W, 214.94 feet to a point,
59-4 2. N 7202'34" W, 91.90 feet to a point, and
59-5 3. N 0731'21" E, 11.12 feet to the southeast corner of the said
59-6 Barton Creek Properties Inc. 4.432 acre tract;
59-7 THENCE continuing along the north line of said Southwest Parkway
59-8 and the south line of the said 4.432 acre tract the following five
59-9 (5) courses:
59-10 1. a distance of 144.14 feet along the arc of a curve to the
59-11 left having a central angle of 0245'11", a radius of 3000.00
59-12 feet and a chord bearing N 7623'59" W, 144.13 feet to a
59-13 point,
59-14 2. N 7201'59" W, 4.07 feet to a point,
59-15 3. N 7850'58" W, 82.74 feet to a point,
59-16 4. N 7846'15" W, 339.03 feet to a point, and
59-17 5. a distance of 16.17 feet along the arc of a curve to the
59-18 right having a central angle of 0055'35", a radius of
59-19 1000.00 feet and a chord bearing N 7759'48" W, 16.17 feet to
59-20 the southwest corner of the said 4.432 acre tract;
59-21 THENCE along the west line of the said 4.432 acre tract the
59-22 following two (2) courses:
59-23 1. N 1341'20" E, 18.84 feet to a point, and
59-24 2. N 0407'38" W, 106.68 feet to the northwest corner of the
59-25 said 4.432 acre tract and the southwest corner of the said
60-1 250.62 acre tract;
60-2 THENCE along the west line of the said 250.62 acre tract the
60-3 following nineteen (19) courses:
60-4 1. N 0030'56" E, 89.36 feet to a point,
60-5 2. N 0023'58" E, 17.27 feet to a point,
60-6 3. N 1049'09" W, 105.85 feet to a point,
60-7 4. N 1458'33" W, 99.99 feet to a point,
60-8 5. N 2544'10" W, 101.76 feet to a point,
60-9 6. N 1502'11" W, 98.17 feet to a point,
60-10 7. N 0124'31" W, 95.26 feet to a point,
60-11 8. N 0248'35" E, 93.50 feet to a point,
60-12 9. N 0338'26" W, 95.05 feet to a point,
60-13 10. N 0314'35" E, 97.15 feet to a point,
60-14 11. N 7334'44" W, 5.01 feet to a point,
60-15 12. N 1609'41" E, 62.02 feet to a point,
60-16 13. N 2546'00" E, 261.86 feet to a point,
60-17 14. N 0815'24" E, 105.87 feet to a point,
60-18 15. S 6242'56" E, 372.40 feet to a point,
60-19 16. N 3023'36" E, 188.36 feet to a point,
60-20 17. N 2729'39" E, 1823.11 feet to a point,
60-21 18. N 2817'26" E, 346.56 feet to a point, and
60-22 19. N 2604'06" E, 223.11 feet to the northwest corner of the
60-23 said 250.62 acre tract in the south line of Henry Marx Lane;
60-24 THENCE crossing said Henry Marx Lane, N 3012'34" E, 44.61 feet to
60-25 the southeast corner of the said 201.31 acre tract in the north
61-1 line of said Henry Marx Lane;
61-2 THENCE along the south line of the said 201.31 acre tract N
61-3 6106'08" W, 898.68 feet to a point in the east R.O.W. line of a
61-4 proposed future roadway;
61-5 THENCE, departing the south line of the said 201.31 acre tract
61-6 along the R.O.W. line of said proposed future roadway the following
61-7 seven (7) courses:
61-8 1. N 3201'18" E, 886.19 feet to a point of curvature,
61-9 2. a distance of 576.37 feet along the arc of a curve to the
61-10 left whose radius is 745.00 feet, central angle is 4419'37"
61-11 and whose chord bears N 0951'30" E, 562.10 feet to the point
61-12 of tangency,
61-13 3. N 1218'19" W, 286.57 feet to a point of curvature,
61-14 4. a distance of 606.33 feet along the arc of a curve to the
61-15 right whose radius is 945.00 feet, central angle is 3645'44"
61-16 and whose chord bears N 0604'33" E, 595.99 feet to the point
61-17 of tangency,
61-18 5. N 2427'25" E, 509.49 feet to a point of curvature,
61-19 6. a distance of 328.10 feet along the arc of a curve to the
61-20 right whose radius is 705.00 feet, central angle is 2639'53"
61-21 and whose chord bears N 3747'22" E, 325.15 feet to the point
61-22 of tangency, and
61-23 7. N 5107'18" E, 259.25 feet to a point in a southwesterly line
61-24 of The Estates Above Lost Creek, a subdivision whose plat is
61-25 recorded in Book 81, Pages 286 through 294 of the Plat
62-1 Records of Travis County, Texas;
62-2 THENCE, departing the said east R.O.W. line of the proposed future
62-3 roadway along the southerly lines of the said Estates Above Lost
62-4 Creek the following fifteen (15) courses:
62-5 1. S 2310'32" E, 16.65 feet to a point,
62-6 2. S 2317'01" E, 1,039.40 feet to a point,
62-7 3. S 2317'25" E, 561.43 feet to a point,
62-8 4. N 2630'55" E, 143.80 feet to a point,
62-9 5. N 3040'55" E, 68.75 feet to a point,
62-10 6. N 4017'55" E, 35.23 feet to a point,
62-11 7. N 2233'55" E, 98.63 feet to a point,
62-12 8. N 2235'55" E, 172.76 feet to a point,
62-13 9. N 2720'55" E, 307.45 feet to a point,
62-14 10. N 2726'55" E, 113.89 feet to a point,
62-15 11. S 6419'05" E, 29.19 feet to a point,
62-16 12. N 2802'55" E, 364.63 feet to a point,
62-17 13. S 6906'05" E, 228.20 feet to a point,
62-18 14. S 6840'05" E, 276.19 feet to a point, and
62-19 15. N 7318'55" E, 245.95 feet to a point at the most northerly
62-20 corner of the said 9.2007 acre tract;
62-21 THENCE, leaving the south line of said Estates Above Lost Creek,
62-22 along the north line of the said 9.2007 acre tract S 2151'11" E,
62-23 187.05 feet to a point in the west line of the said Barton Creek
62-24 Properties Inc. 9.644 acre tract;
62-25 THENCE along the west line of the said 9.644 acre tract S 2755'45"
63-1 W, 152.19 feet to a point;
63-2 THENCE crossing the said 9.644 acre tract S 6736'44" E, 83.76 feet
63-3 to a point at the southwest corner of The Estates Above Lost Creek,
63-4 Section Two, a subdivision whose plat is recorded in Book 88, Pages
63-5 359-360 of the said Plat Records;
63-6 THENCE along the south line of said Estates Above Lost Creek,
63-7 Section Two, S 6736'44" E, 350.00 feet to a point at the southwest
63-8 corner of the Resubdivision of Lot 44, Block B, The Estates Above
63-9 Lost Creek, a subdivision whose plat is recorded in Book 88, Page
63-10 321 of the said Plat Records;
63-11 THENCE along the south line of said Resubdivision of Lot 44, S
63-12 6736'44" E, 234.05 feet to a point on the south line of said
63-13 Estates Above Lost Creek;
63-14 THENCE continuing along the southerly lines of said The Estates
63-15 Above Lost Creek the following twelve (12) courses;
63-16 1. S 6323'05" E, 239.49 feet to a point,
63-17 2. S 5849'05" E, 98.89 feet to a point,
63-18 3. S 6432'05" E, 106.40 feet to a point,
63-19 4. S 6231'05" E, 162.16 feet to a point,
63-20 5. S 5850'05" E, 89.07 feet to a point,
63-21 6. S 6231'05" E, 136.05 feet to a point,
63-22 7. S 6217'05" E, 218.83 feet to a point,
63-23 8. S 6321'05" E, 143.38 feet to a point,
63-24 9. S 6133'05" E, 300.47 feet to a point,
63-25 10. S 6711'05" E, 48.60 feet to a point,
64-1 11. S 8215'05" E, 39.72 feet to a point, and
64-2 12. S 6340'04" E, 101.88 feet to a point;
64-3 THENCE, departing the southerly lines of said The Estates Above
64-4 Lost Creek, crossing the said 32.596 acre tract, the said 43.364
64-5 acre tract, the said 36.95 acre tract, and the said 36.162 acre
64-6 tract in a southerly direction, the following twenty-one (21)
64-7 courses:
64-8 1. S 8222'23" W, 39.97 feet to a point,
64-9 2. S 5457'36" W, 41.30 feet to a point,
64-10 3. S 0937'33" W, 57.61 feet to a point,
64-11 4. S 1453'56" E, 162.10 feet to a point,
64-12 5. S 3130'38" E, 358.80 feet to a point,
64-13 6. S 2037'32" W, 103.22 feet to a point,
64-14 7. S 8422'55" W, 160.26 feet to a point,
64-15 8. N 7235'08" W, 106.35 feet to a point,
64-16 9. N 5420'30" W, 66.18 feet to a point,
64-17 10. S 5451'36" W, 133.90 feet to a point,
64-18 11. S 3807'30" W, 190.56 feet to a point,
64-19 12. S 0235'51" E, 174.53 feet to a point,
64-20 13. S 2219'07" E, 263.05 feet to a point,
64-21 14. S 3349'56" E, 204.86 feet to a point,
64-22 15. S 0701'18" W, 188.29 feet to a point,
64-23 16. S 2512'49" W, 68.77 feet to a point,
64-24 17. S 4404'06" W, 103.86 feet to a point,
64-25 18. S 2425'21" W, 421.44 feet to a point,
65-1 19. S 1815'27" E, 589.97 feet to a point,
65-2 20. S 2937'31" E, 231.75 feet to a point, and
65-3 21. S 1854'49" E, 240.97 feet to a point to the northwest corner
65-4 of that certain 328.134 acre tract of land, designated as
65-5 Tract 2 in a deed to Barton Creek Properties Inc. recorded in
65-6 Volume 10778, Page 764 of the said Real Property Records;
65-7 THENCE along the west line of the said 328.134 acre tract being the
65-8 east lines of the said 36.162 acre tract, the said 37.746 acre
65-9 tract and the said 250.62 acre tract S 2741'03" W, 3410.60 feet to
65-10 the POINT OF BEGINNING containing 688.80 acres of land more or less
65-11 SAVE AND EXCEPT that certain 2.00 acre tract of land conveyed to
65-12 Charles Burtis by deed recorded in Volume 5958, Page 1464 of the
65-13 said Deed Records leaving a net area herein described of 686.80
65-14 acres of land more or less.
65-15 SUBSECTION 4. FINDINGS RELATING TO BOUNDARIES. The
65-16 legislature finds that the boundaries and field notes of the
65-17 district form a closure. A mistake in the field notes or in
65-18 copying the field notes in the legislative process does not affect
65-19 the organization, existence, or validity of the district, the right
65-20 of the district to levy and collect taxes, or the legality or
65-21 operation of the district or its governing body.
65-22 SUBSECTION 5. FINDING OF BENEFIT. All of the land and other
65-23 property included within the boundaries of the district will be
65-24 benefited by the works and projects that are to be accomplished by
65-25 the district under the powers conferred by Article XVI, Section 59,
66-1 of the Texas Constitution. The district is created to serve a
66-2 public use and benefit.
66-3 SUBSECTION 6. POWERS. (a) The district has all of the
66-4 rights, powers, privileges, authority, functions, and duties
66-5 provided by the general law of this state, including Chapters 50
66-6 and 54, Water Code, applicable to municipal utility districts
66-7 created under Article XVI, Section 59, of the Texas Constitution.
66-8 This Act prevails over any provision of general law that is in
66-9 conflict or inconsistent with this Act.
66-10 (b) The rights, powers, privileges, authority,
66-11 functions, and duties of the district are subject to the continuing
66-12 right of supervision of the state to be exercised by and through
66-13 the Commission.
66-14 SUBSECTION 7. BOARD OF DIRECTORS. (a) The district is
66-15 governed by a board of five directors.
66-16 (b) Temporary directors serve until initial permanent
66-17 directors are elected under Subsection 9.
66-18 (c) Initial permanent directors serve until permanent
66-19 directors are elected under Subsection 10.
66-20 (d) Permanent directors other than initial permanent
66-21 directors serve staggered four year terms.
66-22 (e) Each director must qualify to serve as director in
66-23 the manner provided by Section 54.025 or 54.116, Water code, as
66-24 appropriate.
66-25 (f) A director serves until the director's successor
67-1 has qualified.
67-2 SUBSECTION 8. TEMPORARY DIRECTORS. (a) The temporary board
67-3 of directors is composed of:
67-4 (1) _______________________
67-5 (2) _______________________
67-6 (3) _______________________
67-7 (4) _______________________
67-8 (5) _______________________
67-9 (b) If a temporary director fails to qualify for
67-10 office, the temporary directors who have qualified shall appoint a
67-11 person to fill the vacancy. If at any time there are fewer than
67-12 three qualified temporary directors, the Commission shall appoint
67-13 the necessary number of persons to fill all vacancies on the board.
67-14 SUBSECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
67-15 (a) The temporary board of directors shall call and hold an
67-16 election to confirm establishment of the district and to elect five
67-17 initial directors as provided by Chapter 54, Water Code.
67-18 (b) Subsection (a), Section 41.001, Election Code,
67-19 does not apply to a confirmation election held as provided by this
67-20 section.
67-21 SUBSECTION 10. ELECTION OF DIRECTORS. On the first Saturday
67-22 in May of the fourth year after the year in which the confirmation
67-23 election is held, an election shall be held in the district for the
67-24 election of two directors which shall each serve two year terms and
67-25 three directors who shall serve four year terms. Thereafter, on
68-1 the same date in each subsequent second year, the appropriate
68-2 number of directors shall be elected to the board.
68-3 SUBSECTION 11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
68-4 No municipality in whose extraterritorial jurisdiction the district
68-5 is located shall pass any ordinances, resolutions or otherwise take
68-6 any actions which impair the ability of the district to exercise
68-7 its powers under this Act or which would limit the ability of the
68-8 district to finance, construct or operate its water, wastewater or
68-9 drainage systems.
68-10 SUBSECTION 12. ANNEXATION. The district may not be annexed
68-11 by a municipality in whose extraterritorial jurisdiction the
68-12 district lies without an affirmative vote of a majority of the
68-13 qualified voting electors at an election held by the district to
68-14 consider a proposition for or against such annexation.
68-15 SUBSECTION 13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
68-16 INSTALLATION OF FACILITIES. If a municipality in whose
68-17 extraterritorial jurisdiction the district is located annexes the
68-18 district for full or limited purposes and the annexation precludes
68-19 or impairs the ability of the district to issue bonds, the
68-20 municipality shall, simultaneously with the annexation, pay in cash
68-21 to the landowner or developer of the district a sum equal to all
68-22 actual costs and expenses incurred by the landowner or developer in
68-23 connection with the district that the district has, in writing,
68-24 agreed to pay and that would otherwise have been eligible for
68-25 reimbursement from bond proceeds under the rules and requirements
69-1 of the Commission as such rules and requirements exist on the date
69-2 of annexation. The municipality shall further be required to
69-3 install after annexation all necessary water, wastewater and
69-4 drainage facilities to serve full buildout of development within
69-5 the district.
69-6 SECTION 4. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION,
69-7 AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 6.
69-8 SUBSECTION 1. CREATION. (a) A conservation and reclamation
69-9 district, to be known as Travis County Municipal Utility District
69-10 No. 6, is created in Travis County, subject to approval at a
69-11 confirmation election under Subsection 9 of this Act. The district
69-12 is a governmental agency and a body politic and corporate.
69-13 (b) The district is created under and is essential to
69-14 accomplish the purposes of Article XVI, Section 59, of the Texas
69-15 Constitution.
69-16 SUBSECTION 2. DEFINITION. In this Act:
69-17 (1) "Commission" means the Texas Natural Resource
69-18 Conservation Commission.
69-19 (2) "District" means Travis County Municipal Utility
69-20 District No. 6.
69-21 SUBSECTION 3. BOUNDARIES. The district includes the
69-22 territory contained within the following area:
69-23 A DESCRIPTION, PREPARED IN THE OFFICE FROM INFORMATION OBTAINED
69-24 THROUGH PUBLIC RECORDS OF 363.84 ACRES OF LAND SITUATED IN THE
69-25 THOMAS JESTER SURVEY NO. 150, THE JOHN L. BRAY SURVEY NO. 72 AND
70-1 THE JOHN MCALLISTER SURVEY NO. 71, TRAVIS COUNTY, TEXAS, BEING ALL
70-2 OF THE FOOTHILLS OF BARTON CREEK, A SUBDIVISION WHOSE PLAT IS
70-3 RECORDED IN BOOK 85, PAGES 74D THROUGH 75C OF THE PLAT RECORDS OF
70-4 TRAVIS COUNTY, TEXAS, HAVING BEEN CONVEYED TO BARTON CREEK
70-5 PROPERTIES INC. BY DEED RECORDED IN VOLUME 11253, PAGE 709 OF THE
70-6 REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS AND BEING PORTIONS OF
70-7 THOSE CERTAIN TRACTS OF LAND, AS LISTED BELOW, CONVEYED TO BARTON
70-8 CREEK PROPERTIES INC. BY DEEDS RECORDED IN THE SAID REAL PROPERTY
70-9 RECORDS:
70-10 1. 3.989 ACRES, (TRACT 2), VOLUME 11068, PAGE 395,
70-11 2. 838.057 ACRES, (TRACT 1), VOLUME 10927, PAGE 616,
70-12 3. 205.015 ACRES, (TRACT 1), VOLUME 10778, PAGE 764,
70-13 4. 36.95 ACRES, VOLUME 10928, PAGE 652,
70-14 5. 36.162 ACRES, VOLUME 10768, PAGE 1513,
70-15 6. 43.364 ACRES, VOLUME 10888, PAGE 515, AND
70-16 7. 32.596 ACRES (TRACT TWO), VOLUME 10887, PAGE 1098;
70-17 SAID 363.84 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND
70-18 BOUNDS AS FOLLOWS:
70-19 BEGINNING at the southeast corner of The Estates Above Lost Creek,
70-20 a subdivision whose plat is recorded in Book 81, Pages 286 through
70-21 296 of the said Plat Records;
70-22 THENCE along the easterly lines of said The Estates Above Lost
70-23 Creek the following two (2) courses:
70-24 1. N 2803'42" E, 558.13 feet to a point in the south
70-25 right-of-way (R.O.W.) line of Lost Creek Boulevard, an 80.00
71-1 foot wide R.O.W. dedicated by said Lost Creek Boulevard
71-2 Dedication Plat, recorded in Book 76, Page 166 of the said
71-3 Plat Records, and
71-4 2. crossing said Lost Creek Boulevard N 2803'28" E, 80.25 feet
71-5 to a point in the north R.O.W. line of Lost Creek Boulevard
71-6 at the southwest corner of The Estates Above Lost Creek,
71-7 Section Three, a subdivision whose plat is recorded in Book
71-8 83, Page 120D of the said Plat Records;
71-9 THENCE along the south, east and north lines of said Estates Above
71-10 Lost Creek, Section Three, the following seven (7) courses:
71-11 1. S 6002'29" E, 20.35 feet to a point,
71-12 2. a distance of 288.38 feet along the arc of a curve to the
71-13 right having a central angle of 3049'02", a radius of 536.16
71-14 feet and a chord bearing S 4437'58" E, 284.92 feet to a
71-15 point,
71-16 3. a distance of 31.20 feet along the arc of a curve to the
71-17 right having a central angle of 8455'44", a radius of 21.05
71-18 feet and a chord bearing N 1301'24" E, 28.42 feet to a
71-19 point,
71-20 4. N 5528'40" E, 170.94 feet to a point,
71-21 5. a distance of 145.58 feet along the arc of a curve to the
71-22 left having a central angle of 1300'01", a radius of 641.61
71-23 feet and a chord bearing N 4858'40" E, 145.27 feet to a
71-24 point,
71-25 6. N 3040'20" W, 67.22 feet to a point, and
72-1 7. N 5811'20" W, 329.94 feet to a point in the east line of
72-2 said Estates Above Lost Creek;
72-3 THENCE along the east lines of said The Estates Above Lost Creek
72-4 the following five (5) courses:
72-5 1. N 2800'40" E, 288.77 feet to a point,
72-6 2. N 8031'40" E, 53.94 feet to a point,
72-7 3. N 6745'40" E, 64.88 feet to a point,
72-8 4. N 4835'40" E, 24.74 feet to a point, and
72-9 5. N 0809'20" W, 57.30 feet to a point for the northwest corner
72-10 of said Foothills of Barton Creek;
72-11 THENCE, departing the east lines of said The Estates Above Lost
72-12 Creek, along the north and east lines of said Foothills of Barton
72-13 Creek the following twenty-two (22) courses:
72-14 1. N 8148'40" E, 152.04 feet to a point,
72-15 2. N 5621'40" E, 80.05 feet to a point,
72-16 3. S 8847'20" E, 48.24 feet to a point,
72-17 4. N 8527'40" E, 172.98 feet to a point,
72-18 5. N 7848'40" E, 81.82 feet to a point,
72-19 6. S 7016'20" E, 88.86 feet to a point,
72-20 7. S 8404'20" E, 272.32 feet to a point,
72-21 8. N 7921'40" E, 302.77 feet to a point,
72-22 9. N 8432'40" E, 276.16 feet to a point,
72-23 10. N 7321'40" E, 348.16 feet to a point,
72-24 11. N 6931'02" E, 408.13 feet to a point,
72-25 12. N 6856'35" E, 54.85 feet to a point,
73-1 13. S 0858'35" W, 144.33 feet to a point,
73-2 14. S 4802'25" E, 338.06 feet to a point,
73-3 15. S 5135'25" E, 160.36 feet to a point,
73-4 16. S 2137'25" E, 184.80 feet to a point,
73-5 17. S 0034'35" W, 531.35 feet to a point,
73-6 18. S 1852'35" W, 576.88 feet to a point,
73-7 19. S 5003'25" E, 93.96 feet to a point,
73-8 20. S 4751'25" E, 136.30 feet to a point,
73-9 21. S 0306'25" E, 116.00 feet to a point, and
73-10 22. S 3839'35" W, 230.63 feet to a point on the north R.O.W.
73-11 line of Lost Creek Boulevard; THENCE, departing the east line
73-12 of the said Foothills of Barton Creek, crossing said Lost
73-13 Creek Boulevard, S 0647'30" W, 80.00 feet to a point on the
73-14 north line of the said 3.989 acre tract;
73-15 THENCE along the north line of the said 3.989 acre tract S
73-16 8307'48" E, 114.94 feet to a point;
73-17 THENCE, departing the said north line of the 3.989 acre tract,
73-18 crossing the said 3.989 acre tract, the said 205.015 acre tract,
73-19 and the 838.057 acre tract the following fifteen (15) courses:
73-20 1. S 3916'02" W, 44.48 feet to a point,
73-21 2. S 6448'32" W, 71.94 feet to a point,
73-22 3. S 2435'11" W, 275.91 feet to a point,
73-23 4. S 6448'30" W, 59.95 feet to a point,
73-24 5. N 7512'11" W, 79.78 feet to a point,
73-25 6. N 3340'48" W, 176.38 feet to a point,
74-1 7. N 4624'57" W, 152.05 feet to a point,
74-2 8. S 7024'45" W, 146.60 feet to a point,
74-3 9. S 0330'36" W, 186.13 feet to a point,
74-4 10. S 4205'26" E, 161.75 feet to a point,
74-5 11. S 1839'19" E, 151.88 feet to a point,
74-6 12. S 2613'18" W, 117.79 feet to a point,
74-7 13. S 8445'06" W, 237.82 feet to a point,
74-8 14. S 4321'11" W, 55.04 feet to a point, and
74-9 15. S 6154'48" E, 10.50 feet to a point on the west lines of the
74-10 said 838.057 acre tract;
74-11 THENCE along the west line of the said 838.057 acre tract the
74-12 following seven (7) courses:
74-13 1. S 3204'34" W, 44.70 feet to a point,
74-14 2. S 1015'26" E, 215.27 feet to a point,
74-15 3. S 1202'34" W, 87.53 feet to a point,
74-16 4. S 4421'34" W, 276.60 feet to a point,
74-17 5. S 2826'34" W, 421.41 feet to a point,
74-18 6. S 1452'34" W, 250.15 feet to a point, and
74-19 7. S 4432'34" W, 91.75 feet to a point on the south line of the
74-20 said 205.015 acre tract;
74-21 THENCE, departing the west line of the said 838.057 acre tract,
74-22 along the south line of the said 205.015 acre tract, the following
74-23 nineteen (19) courses:
74-24 1. N 8618'26" W, 201.02 feet to a point,
74-25 2. N 4111'26" W, 116.03 feet to a point,
75-1 3. S 5040'34" W, 109.40 feet to a point,
75-2 4. S 2844'34" W, 121.79 feet to a point,
75-3 5. S 5758'34" W, 97.00 feet to a point,
75-4 6. S 3148'34" W, 169.24 feet to a point,
75-5 7. S 7137'34" W, 239.19 feet to a point,
75-6 8. S 8957'34" W, 118.40 feet to a point,
75-7 9. S 7234'34" W, 199.51 feet to a point,
75-8 10. S 4836'34" W, 108.47 feet to a point,
75-9 11. N 6247'26" W, 357.13 feet to a point,
75-10 12. N 7731'26" W, 116.03 feet to a point,
75-11 13. N 8558'26" W, 1188.78 feet to a point,
75-12 14. N 0154'26" W, 76.69 feet to a point,
75-13 15. N 4222'26" W, 101.10 feet to a point,
75-14 16. N 3511'26" W, 118.67 feet to a point,
75-15 17. N 4604'26" W, 182.17 feet to a point,
75-16 18. N 6436'26" W, 84.55 feet to a point, and
75-17 19. N 4258'12" W, 73.41 feet to the southwest corner of the said
75-18 205.015 acre tract;
75-19 THENCE, departing the said south line of the 205.015 acre tract,
75-20 crossing the said 36.162 acre tract, the said 36.95 acre tract, the
75-21 said 43.364 acre tract and the said 32.596 acre tract, the
75-22 following twenty-one (21) courses:
75-23 1. N 1854'49" W, 240.97 feet to a point,
75-24 2. N 2937'31" W, 231.75 feet to a point,
75-25 3. N 1815'27" W, 589.97 feet to a point,
76-1 4. N 2425'21" E, 421.44 feet to a point,
76-2 5. N 4404'06" E, 103.86 feet to a point,
76-3 6. N 2512'49" E, 68.77 feet to a point,
76-4 7. N 0701'18" E, 188.29 feet to a point,
76-5 8. N 3349'56" W, 204.86 feet to a point,
76-6 9. N 2219'07" W, 263.05 feet to a point,
76-7 10. N 0235'51" W, 174.53 feet to a point,
76-8 11. N 3807'30" E, 190.56 feet to a point,
76-9 12. N 5451'36" E, 133.90 feet to a point,
76-10 13. S 5420'30" E, 66.18 feet to a point,
76-11 14. S 7235'08" E, 106.35 feet to a point,
76-12 15. N 8422'55" E, 160.26 feet to a point,
76-13 16. N 2037'32" E, 103.22 feet to a point,
76-14 17. N 3130'38" W, 358.80 feet to a point,
76-15 18. N 1453'56" W, 162.10 feet to a point,
76-16 19. N 0937'33" E, 57.61 feet to a point,
76-17 20. N 5457'36" E, 41.30 feet to a point, and
76-18 21. N 8222'23" E, 39.97 feet to a point on the south line of the
76-19 said The Estates Above Lost Creek;
76-20 THENCE along the said south line of The Estates Above Lost Creek,
76-21 the following fifteen (15) courses:
76-22 1. S 6340'06" E, 69.84 feet to the point,
76-23 2. S 4011'55" W, 22.67 feet to a point,
76-24 3. S 6428'05" E, 59.65 feet to a point,
76-25 4. S 6504'05" E. 100.95 feet to a point,
77-1 5. S 6146'05" E, 33.59 feet to a point,
77-2 6. S 6002'05" E, 63.58 feet to a point,
77-3 7. S 6135'05" E, 165.83 feet to a point,
77-4 8. S 6304'05" E, 227.33 feet to a point,
77-5 9. S 5031'05" E, 26.94 feet to a point,
77-6 10. S 6455'05" E, 75.40 feet to a point,
77-7 11. S 6107'05" E, 150.83 feet to a point,
77-8 12. S 6429'05" E, 166.23 feet to a point,
77-9 13. S 6048"05" E, 119.24 feet to a point,
77-10 14. S 6244'05" E, 89.69 feet to a point, and
77-11 15. S 6351'05" E, 47.20 feet to a point to the POINT OF
77-12 BEGINNING containing 363.84 acres of land more or less.
77-13 SUBSECTION 4. FINDINGS RELATING TO BOUNDARIES. The
77-14 legislature finds that the boundaries and field notes of the
77-15 district form a closure. A mistake in the field notes or in
77-16 copying the field notes in the legislative process does not affect
77-17 the organization, existence, or validity of the district, the right
77-18 of the district to levy and collect taxes, or the legality or
77-19 operation of the district or its governing body.
77-20 SUBSECTION 5. FINDING OF BENEFIT. All of the land and other
77-21 property included within the boundaries of the district will be
77-22 benefited by the works and projects that are to be accomplished by
77-23 the district under the powers conferred by Article XVI, Section 59,
77-24 of the Texas Constitution. The district is created to serve a
77-25 public use and benefit.
78-1 SECTION 6. POWERS. (a) The district has all of the rights,
78-2 powers, privileges, authority, functions, and duties provided by
78-3 the general law of this state, including Chapters 50 and 54, Water
78-4 Code, applicable to municipal utility districts created under
78-5 Article XVI, Section 59, of the Texas Constitution. This Act
78-6 prevails over any provision of general law that is in conflict or
78-7 inconsistent with this Act.
78-8 (b) The rights, powers, privileges, authority,
78-9 functions, and duties of the district are subject to the continuing
78-10 right of supervision of the state to be exercised by and through
78-11 the Commission.
78-12 SUBSECTION 7. BOARD OF DIRECTORS. (a) The district is
78-13 governed by a board of five directors.
78-14 (b) Temporary directors serve until initial permanent
78-15 directors are elected under Subsection 9.
78-16 (c) Initial permanent directors serve until permanent
78-17 directors are elected under Subsection 10.
78-18 (d) Permanent directors other than initial permanent
78-19 directors serve staggered four year terms.
78-20 (e) Each director must qualify to serve as director in
78-21 the manner provided by Section 54.025 or 54.116, Water Code, as
78-22 appropriate.
78-23 (f) A director serves until the director's successor
78-24 has qualified.
78-25 SUBSECTION 8. TEMPORARY DIRECTORS. (a) The temporary board
79-1 of directors is composed of:
79-2 (1) _______________________
79-3 (2) _______________________
79-4 (3) _______________________
79-5 (4) _______________________
79-6 (5) _______________________
79-7 (b) If a temporary director fails to qualify for
79-8 office, the temporary directors who have qualified shall appoint a
79-9 person to fill the vacancy. If at any time there are fewer than
79-10 three qualified temporary directors, the Commission shall appoint
79-11 the necessary number of persons to fill all vacancies on the board.
79-12 SUBSECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
79-13 (a) The temporary board of directors shall call and hold an
79-14 election to confirm establishment of the district and to elect five
79-15 initial directors as provided by Chapter 54, Water Code.
79-16 (b) Subsection (a), Section 41.001, Election Code,
79-17 does not apply to a confirmation election held as provided by this
79-18 section.
79-19 SUBSECTION 10. ELECTION OF DIRECTORS. On the first Saturday
79-20 in May of the fourth year after the year in which the confirmation
79-21 election is held, an election shall be held in the district for the
79-22 election of two directors which shall each serve two year terms and
79-23 three directors who shall serve four year terms. Thereafter, on
79-24 the same date in each subsequent second year, the appropriate
79-25 number of directors shall be elected to the board.
80-1 SUBSECTION 11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
80-2 No municipality in whose extraterritorial jurisdiction the district
80-3 is located shall pass any ordinances, resolutions or otherwise take
80-4 any actions which impair the ability of the district to exercise
80-5 its powers under this Act or which would limit the ability of the
80-6 district to finance, construct or operate its water, wastewater or
80-7 drainage systems.
80-8 SUBSECTION 12. ANNEXATION. The district may not be annexed
80-9 by a municipality in whose extraterritorial jurisdiction the
80-10 district lies without an affirmative vote of a majority of the
80-11 qualified voting electors at an election held by the district to
80-12 consider a proposition for or against such annexation.
80-13 SUBSECTION 13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
80-14 INSTALLATION OF FACILITIES. If a municipality in whose
80-15 extraterritorial jurisdiction the district is located annexes the
80-16 district for full or limited purposes and the annexation precludes
80-17 or impairs the ability of the district to issue bonds, the
80-18 municipality shall, simultaneously with the annexation, pay in cash
80-19 to the landowner or developer of the district a sum equal to all
80-20 actual costs and expenses incurred by the landowner or developer in
80-21 connection with the district that the district has, in writing,
80-22 agreed to pay and that would otherwise have been eligible for
80-23 reimbursement from bond proceeds under the rules and requirements
80-24 of the Commission as such rules and requirements exist on the date
80-25 of annexation. The municipality shall further be required to
81-1 install after annexation all necessary water, wastewater and
81-2 drainage facilities to serve full buildout of development within
81-3 the district.
81-4 SECTION 5. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION,
81-5 AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 7.
81-6 SUBSECTION 1. CREATION. (a) A conservation and reclamation
81-7 district, to be known as Travis County Municipal Utility District
81-8 No. 7, is created in Travis County, subject to approval at a
81-9 confirmation election under Subsection 9 of this Act. The district
81-10 is a governmental agency and a body politic and corporate.
81-11 (b) The district is created under and is essential to
81-12 accomplish the purposes of Article XVI, Section 59, of the Texas
81-13 Constitution.
81-14 SUBSECTION 2. DEFINITION. In this Act:
81-15 (1) "Commission" means the Texas Natural Resource
81-16 Conservation Commission.
81-17 (2) "District" means Travis County Municipal Utility
81-18 District No. 7.
81-19 SUBSECTION 3. BOUNDARIES. The district includes the
81-20 territory contained within the following area:
81-21 A DESCRIPTION, PREPARED IN THE OFFICE FROM INFORMATION OBTAINED
81-22 THROUGH PUBLIC RECORDS OF 217.34 ACRES OF LAND SITUATED IN THE JOHN
81-23 L. BRAY SURVEY NO. 72, TRAVIS COUNTY, TEXAS, BEING A PORTION OF
81-24 THAT CERTAIN 838.057 ACRE TRACT OF LAND, DESIGNATED AS TRACT 1,
81-25 CONVEYED TO BARTON CREEK PROPERTIES INC. BY DEED RECORDED IN VOLUME
82-1 10927, PAGE 616 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY,
82-2 TEXAS AND BEING A PORTION OF THAT CERTAIN 328.134 ACRE TRACT OF
82-3 LAND, DESIGNATED AS TRACT 2, CONVEYED TO BARTON CREEK PROPERTIES
82-4 INC. BY DEED RECORDED IN VOLUME 10778, PAGE 764 OF THE SAID REAL
82-5 PROPERTY RECORDS, SAID 217.34 ACRES BEING MORE PARTICULARLY
82-6 DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
82-7 BEGINNING at the most northerly northeast corner of the said
82-8 328.134 acre tract on the west line of the said 838.057 acre tract;
82-9 THENCE along the west line of the said 838.057 acre tract the
82-10 following seven (7) courses:
82-11 1. N 4432'34" E, 91.75 feet to a point,
82-12 2. N 1452'34" E, 250.15 feet to a point,
82-13 3. N 2826'34" E, 421.41 feet to a point,
82-14 4. N 4421'34" E, 276.60 feet to a point,
82-15 5. N 1202'34" E, 87.53 feet to a point,
82-16 6. N 1015'26" W, 215.27 feet to a point, and
82-17 7. N 3204'34" E, 44.70 feet to a point for the northwest corner
82-18 hereof;
82-19 THENCE, departing the said west line of the 838.057 acre tract,
82-20 crossing the said 838.057 acre tract, S 6154'48" E, 4921.94 feet
82-21 to a point on the easterly line of the said 838.057 acre tract for
82-22 the northeast corner hereof;
82-23 THENCE along the said easterly line of the said 838.057 acre tract
82-24 the following two (2) courses:
82-25 1. S 2803'04" W, 873.46 feet to a point, and
83-1 2. S 1140'34" W, 63.33 feet to a point for the southeast corner
83-2 hereof;
83-3 THENCE, departing the said easterly line of the 838.057 acre tract,
83-4 crossing said 838.057 acre tract and the said 328.134 acre tract,
83-5 the following eighteen (18) courses:
83-6 1. S 6124'23" W, 778.33 feet to a point of curvature,
83-7 2. a distance of 342.31 feet along the arc of a curve to the
83-8 right whose radius is 800.00 feet, central angle is 2430'59"
83-9 and whose chord bears S 7339'53" W, 339.71 feet to the point
83-10 of tangency,
83-11 3. S 8555'22" W, 255.56 feet to a point of curvature,
83-12 4. a distance of 330.08 feet along the arc of a curve to the
83-13 left whose radius is 1300.00 feet, central angle is 1432'52"
83-14 and whose chord bears S 7838'57" W, 329.19 feet to the point
83-15 of tangency,
83-16 5. S 7122'31" W, 123.16 feet to a point of curvature,
83-17 6. a distance of 22.60 feet along the arc of a curve to the
83-18 right whose radius is 15.00 feet, central angle is 8618'27"
83-19 and whose chord bears N 6528'16" W, 20.52 feet to the point
83-20 of reverse curvature,
83-21 7. a distance of 646.80 feet along the arc of a curve to the
83-22 left whose radius is 1000.00 feet, central angle is 3703'32"
83-23 and whose chord bears N 4050'48" W, 635.58 feet to the point
83-24 of tangency,
83-25 8. N 5922'34" W, 329.18 feet to a point of curvature,
84-1 9. a distance of 1048.34 feet along the arc of a curve to the
84-2 left whose radius is 1100.00 feet, central angle is 5436'17"
84-3 and whose chord bears N 8640'43" W, 1009.11 feet to the
84-4 point of reverse curvature,
84-5 10. a distance of 39.10 feet along the arc of a curve to the left
84-6 whose radius is 25.00 feet, central angle is 8936'35" and
84-7 whose chord bears N 2112'51" E, 35.23 feet to the point of
84-8 tangency,
84-9 11. N 2335'28" W, 471.53 feet to a point of curvature,
84-10 12. a distance of 309.58 feet along the arc of a curve to the
84-11 right whose radius is 710.00 feet, central angle is 2458'58"
84-12 and whose chord bears N 1105'59" W, 307.14 feet to a
84-13 non-tangent point,
84-14 13. S 8031'28" W, 338.09 feet to a point,
84-15 14. N 5813'23" W, 390.00 feet to a point,
84-16 15. N 1019'03" W, 346.51 feet to a point,
84-17 16. N 1220'20" W, 321.13 feet to a point,
84-18 17. N 0134'10" W, 103.43 feet to a point,
84-19 18. N 0703'35" E, 141.24 feet to the POINT OF BEGINNING
84-20 containing 217.34 acres of land more or less.
84-21 SUBSECTION 4. FINDINGS RELATING TO BOUNDARIES. The
84-22 legislature finds that the boundaries and field notes of the
84-23 district form a closure. A mistake in the field notes or in
84-24 copying the field notes in the legislative process does not affect
84-25 the organization, existence, or validity of the district, the right
85-1 of the district to levy and collect taxes, or the legality or
85-2 operation of the district or its governing body.
85-3 SUBSECTION 5. FINDING OF BENEFIT. All of the land and other
85-4 property included within the boundaries of the district will be
85-5 benefited by the works and projects that are to be accomplished by
85-6 the district under the powers conferred by Article XVI, Section 59,
85-7 of the Texas Constitution. The district is created to serve a
85-8 public use and benefit.
85-9 SUBSECTION 6. POWERS.
85-10 A. The district has all of the rights, powers,
85-11 privileges, authority, functions, and duties provided by the
85-12 general law of this state, including Chapters 50 and 54, Water
85-13 Code, applicable to municipal utility districts created under
85-14 Article XVI, Section 59, of the Texas Constitution. This Act
85-15 prevails over any provision of general law that is in conflict or
85-16 inconsistent with this Act.
85-17 B. The rights, powers, privileges, authority,
85-18 functions, and duties of the district are subject to the continuing
85-19 right of supervision of the state to be exercised by and through
85-20 the Commission.
85-21 SUBSECTION 7. BOARD OF DIRECTORS.
85-22 A. The district is governed by a board of five
85-23 directors.
85-24 B. Temporary directors serve until initial permanent
85-25 directors are elected under Subsection 9.
86-1 C. Initial permanent directors serve until permanent
86-2 directors are elected under Subsection 10.
86-3 D. Permanent directors other than initial permanent
86-4 directors serve staggered four year terms.
86-5 E. Each director must qualify to serve as director in
86-6 the manner provided by Section 54.025 or 54.116, Water code, as
86-7 appropriate.
86-8 F. A director serves until the director's successor
86-9 has qualified.
86-10 SUBSECTION 8. TEMPORARY DIRECTORS.
86-11 A. The temporary board of directors is composed of:
86-12 (1) ______________________
86-13 (2) ______________________
86-14 (3) ______________________
86-15 (4) ______________________
86-16 (5) ______________________
86-17 B. If a temporary director fails to qualify for
86-18 office, the temporary directors who have qualified shall appoint a
86-19 person to fill the vacancy. If at any time there are fewer than
86-20 three qualified temporary directors, the Commission shall appoint
86-21 the necessary number of persons to fill all vacancies on the board.
86-22 SUBSECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
86-23 A. The temporary board of directors shall call and
86-24 hold an election to confirm establishment of the district and to
86-25 elect five initial directors as provided by Chapter 54, Water Code.
87-1 B. Subsection (a), Section 41.001, Election Code, does
87-2 not apply to a confirmation election held as provided by this
87-3 section.
87-4 SUBSECTION 10. ELECTION OF DIRECTORS. On the first Saturday
87-5 in May of the fourth year after the year in which the confirmation
87-6 election is held, an election shall be held in the district for the
87-7 election of two directors which shall each serve two year terms and
87-8 three directors who shall serve four year terms. Thereafter, on
87-9 the same date in each subsequent second year, the appropriate
87-10 number of directors shall be elected to the board.
87-11 SUBSECTION 11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
87-12 No municipality in whose extraterritorial jurisdiction the district
87-13 is located shall pass any ordinances, resolutions or otherwise take
87-14 any actions which impair the ability of the district to exercise
87-15 its powers under this Act or which would limit the ability of the
87-16 district to finance, construct or operate its water, wastewater or
87-17 drainage systems.
87-18 SUBSECTION 12. ANNEXATION. The district may not be annexed
87-19 by a municipality in whose extraterritorial jurisdiction the
87-20 district lies without an affirmative vote of a majority of the
87-21 qualified voting electors at an election held by the district to
87-22 consider a proposition for or against such annexation.
87-23 SUBSECTION 13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
87-24 INSTALLATION OF FACILITIES. If a municipality in whose
87-25 extraterritorial jurisdiction the district is located annexes the
88-1 district for full or limited purposes and the annexation precludes
88-2 or impairs the ability of the district to issue bonds, the
88-3 municipality shall, simultaneously with the annexation, pay in cash
88-4 to the landowner or developer of the district a sum equal to all
88-5 actual costs and expenses incurred by the landowner or developer in
88-6 connection with the district that the district has, in writing,
88-7 agreed to pay and that would otherwise have been eligible for
88-8 reimbursement from bond proceeds under the rules and requirements
88-9 of the Commission as such rules and requirements exist on the date
88-10 of annexation. The municipality shall further be required to
88-11 install after annexation all necessary water, wastewater and
88-12 drainage facilities to serve full buildout of development within
88-13 the district.
88-14 SECTION 6. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION,
88-15 AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 8.
88-16 SUBSECTION 1. CREATION. (a) A conservation and reclamation
88-17 district, to be known as Travis County Municipal Utility District
88-18 No. 8, is created in Travis County, subject to approval at a
88-19 confirmation election under Subsection 9 of this Act. The district
88-20 is a governmental agency and a body politic and corporate.
88-21 (b) The district is created under and is essential to
88-22 accomplish the purposes of Article XVI, Section 59, of the Texas
88-23 Constitution.
88-24 SUBSECTION 2. DEFINITION. In this Act:
88-25 (1) "Commission" means the Texas Natural Resource
89-1 Conservation Commission.
89-2 (2) "District" mean Travis County Municipal Utility
89-3 district No. 8.
89-4 SUBSECTION 3. BOUNDARIES. The district includes the
89-5 territory contained within the following area:
89-6 A DESCRIPTION, PREPARED IN THE OFFICE FROM INFORMATION OBTAINED
89-7 THROUGH PUBLIC RECORDS OF 708.26 ACRES OF LAND SITUATED IN THE JOHN
89-8 L. BRAY SURVEY NO. 72, THE JOHN MCALLISTER SURVEY NO. 71, AND THE
89-9 WILLIAM WALLACE SURVEY NO. 67, TRAVIS COUNTY, TEXAS, BEING ALL OF
89-10 THAT CERTAIN 328.134 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 IN A
89-11 DEED TO BARTON CREEK PROPERTIES INC. RECORDED IN VOLUME 10778, PAGE
89-12 764 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS AND BEING
89-13 A PORTION OF THAT CERTAIN 838.057 ACRE TRACT OF LAND, DESIGNATED AS
89-14 TRACT 1, CONVEYED TO BARTON CREEK PROPERTIES INC. BY DEED RECORDED
89-15 IN VOLUME 10927, PAGE 616 OF THE SAID REAL PROPERTY RECORDS, SAID
89-16 708.26 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
89-17 AS FOLLOWS:
89-18 BEGINNING at a point at the most easterly southeast corner of the
89-19 said 838.057 acre tract in the west right-of-way line of Foster
89-20 Ranch Road;
89-21 THENCE along the south line of the said 838.057 acre tract a
89-22 distance of 31.38 feet along the arc of curve to the right having a
89-23 central angle of 8954'06", a radius of 20.00 feet and a chord
89-24 bearing S 7246'26" W, 28.26 feet to a point in the north line of
89-25 Southwest Parkway;
90-1 THENCE continuing with the south line of the said 838.057 acre
90-2 tract and the north line of said Southwest Parkway the following
90-3 four (4) courses:
90-4 1. N 6113'33" W, 436.71 feet to a point,
90-5 2. a distance of 628.86 feet along the arc of a curve to the
90-6 left having a central angle of 0358'37", a radius of 9060.00
90-7 feet and a chord bearing N 6312'52" W, 628.73 feet to a
90-8 point,
90-9 3. N 6511'45" W, 1551.40 feet to a point, and
90-10 4. a distance of 344.43 feet along the arc of a curve to the
90-11 left having a central angle of 1036'36", a radius of 1860.00
90-12 feet and chord bearing N 7032'24" W, 343.94 feet to a point
90-13 at the southeast corner of the said 71.053 acre tract of land
90-14 described in a deed to Barton Creek Properties Inc. recorded
90-15 in Volume 11048, Page 401 of the said Real Property Records;
90-16 THENCE, departing the said north line of Southwest Parkway
90-17 continuing with the south lines of the said 838.057 acre tract the
90-18 following five (5) courses:
90-19 1. N 6646'59" W, 21.43 feet to a point,
90-20 2. N 2814'34" E, 711.48 feet to a point,
90-21 3. N 6145'32" W, 551.67 feet to a point,
90-22 4. N 6131'09" W, passing the most easterly southeast corner of
90-23 the said 328.134 acre tract, departing the said south line of
90-24 the 838.057 acre tract, along the south lines of the said
90-25 328.134 acre tract 2499.01 feet to a point, and
91-1 5. S 2816'18" W, 809.21 feet to a point in the curving north
91-2 R.O.W. line of Southwest Parkway and being the south line of
91-3 said 328.134 acre tract;
91-4 THENCE along the north line of said Southwest Parkway continuing
91-5 along the south line of the said 328.134 acre tract the following
91-6 three (3) courses:
91-7 1. a distance of 609.31 feet along the arc of a curve to the
91-8 left having a central angle of 1846'09", a radius of 1860.00
91-9 feet and a chord bearing N 5729'12" W, 606.59 feet to a
91-10 point,
91-11 2. N 5913'10" W, 105.23 feet to a point, and
91-12 3. a distance of 414.10 feet along the arc of a curve to the
91-13 left having a central angle of 1239'14", a radius of 1875.00
91-14 feet and a chord bearing N 7619'24" W, 413.26 feet to a
91-15 point;
91-16 THENCE, departing the north line of said Southwest Parkway,
91-17 continuing along the south, west and north lines of the said
91-18 328.134 acre tract the following twenty-one (21) courses:
91-19 1. N 6125'39" W, 1858.86 feet to a point,
91-20 2. N 2741'03" E, 3410.60 feet to a point,
91-21 3. S 4258'12" E, 73.41 feet to a point,
91-22 4. S 6436'26" E, 84.55 feet to a point,
91-23 5. S 4604'26" E, 182.17 feet to a point,
91-24 6. S 3511'26" E, 118.67 feet to a point,
91-25 7. S 4222'26" E, 101.10 feet to a point,
92-1 8. S 0154'26" E, 76.69 feet to a point,
92-2 9. S 8558'26" E, 1188.78 feet to a point,
92-3 10. S 7731'26" E, 116.03 feet to a point,
92-4 11. S 6247'26" E, 357.13 feet to a point,
92-5 12. N 4836'34" E, 108.47 feet to a point,
92-6 13. N 7234'34" E, 199.51 feet to a point,
92-7 14. N 8957'34" E, 118.40 feet to a point,
92-8 15. N 7137'34" E, 239.19 feet to a point,
92-9 16. N 3148'34" E, 169.24 feet to a point,
92-10 17. N 5758'34" E, 97.00 feet to a point,
92-11 18. N 2844'34" E, 121.79 feet to a point,
92-12 19. N 5040'34" E, 109.40 feet to a point,
92-13 20. S 4111'26" E, 116.03 feet to a point, and
92-14 21. S 8618'26" E, 201.02 feet to the most northerly northeast
92-15 corner of the said 328.134 acre tract;
92-16 THENCE, departing the said north line of the 328.134 acre tract,
92-17 crossing the said 328.134 acre tract and the said 838.057 acre
92-18 tract in a southeasterly direction the following eighteen (18)
92-19 courses:
92-20 1. S 0703'35" W, 141.24 feet to a point,
92-21 2. S 0134'10" E, 103.43 feet to a point,
92-22 3. S 1220'20" E, 321.13 feet to a point,
92-23 4. S 1019'03" E, 346.51 feet to a point,
92-24 5. S 5813'23" E, 390.00 feet to a point,
92-25 6. N 8031'28" E, 338.09 feet to a point of curvature,
93-1 7. a distance of 309.58 feet along the arc of a curve to the
93-2 left having a central angle of 2458'58", a radius of 710.00
93-3 feet and a chord bearing S 1105'59" E, 307.14 feet to the
93-4 point of tangency,
93-5 8. S 2335'28" E, 471.53 feet to a point of curvature,
93-6 9. a distance of 39.10 feet along the arc of a curve to the
93-7 right having a central angle of 8936'35", a radius of 25.00
93-8 feet and a chord bearing S 2112'51" W, 35.23 feet to the
93-9 point of reverse curvature,
93-10 10. a distance of 1048.34 feet along the arc of a curve to the
93-11 right having a central angle of 5436'17", a radius of
93-12 1100.00 feet and a chord bearing S 8640'43" E, 1009.11 feet
93-13 to the point of tangency,
93-14 11. S 5922'34" E, 329.18 feet to a point of curvature,
93-15 12. a distance of 649.80 feet along the arc of a curve to the
93-16 right having a central angle of 3703'32", a radius of
93-17 1000.00 feet and a chord bearing S 4050'48" E, 635.58 feet
93-18 to the point of reverse curvature,
93-19 13. a distance of 22.60 feet along the arc of a curve to the left
93-20 having a central angle of 8618'27", a radius of 15.00 feet
93-21 and a chord bearing S 6528'16" E, 20.52 feet to the point of
93-22 tangency,
93-23 14. N 7122'31" E, 123.16 feet to a point of curvature,
93-24 15. a distance of 330.08 feet along the arc of a curve to the
93-25 left having a central angle of 1432'52", a radius of 1300.00
94-1 feet and a chord bearing N 7838'57" E, 329.19 feet to the
94-2 point of tangency,
94-3 16. N 8555'22" E, 255.56 feet to a point of curvature,
94-4 17. a distance of 342.31 feet along the arc of a curve to the
94-5 left having a central angle of 2430'59", a radius of 800.00
94-6 feet and a chord bearing N 7339'53" E, 339.71 feet to the
94-7 point of tangency, and
94-8 18. N 6124'23" E, 778.33 feet to a point in the east line of the
94-9 said 838.057 acre tract;
94-10 THENCE along the east line of the said 838.057 acre tract the
94-11 following seven (7) courses:
94-12 1. S 1140'34" W, 555.03 feet to a point,
94-13 2. S 2753'34" W, 265.63 feet to a point,
94-14 3. S 2816'34" W, 335.92 feet to a point,
94-15 4. S 2819'34" W, 1353.38 feet to a point,
94-16 5. S 6245'26" E, 1125.25 feet to a point,
94-17 6. S 3038'34" W, 324.75 feet to a point, and
94-18 7. S 2841'34" W, 2000.53 feet to the POINT OF BEGINNING
94-19 containing 708.26 acres of land more or less.
94-20 SUBSECTION 4. FINDINGS RELATING TO BOUNDARIES. The
94-21 legislature finds that the boundaries and field notes of the
94-22 district form a closure. A mistake in the field notes or in
94-23 copying the field notes in the legislative process does not affect
94-24 the organization, existence, or validity of the district, the right
94-25 of the district to levy and collect taxes, or the legality or
95-1 operation of the district or its governing body.
95-2 SUBSECTION 5. FINDING OF BENEFIT. All of the land and other
95-3 property included within the boundaries of the district will be
95-4 benefited by the works and projects that are to be accomplished by
95-5 the district under the powers conferred by Article XVI, Section 59,
95-6 of the Texas Constitution. The district is created to serve a
95-7 public use and benefit.
95-8 SUBSECTION 6. POWERS. (a) The district has all of the
95-9 rights, powers, privileges, authority, functions, and duties
95-10 provided by the general law of this state, including Chapters 50
95-11 and 54, Water Code, applicable to municipal utility districts
95-12 created under Article XVI, Section 59, of the Texas Constitution.
95-13 This Act prevails over any provision of general law that is in
95-14 conflict or inconsistent with this Act.
95-15 (b) The rights, powers, privileges, authority,
95-16 functions, and duties of the district are subject to the continuing
95-17 right of supervision of the state to be exercised by and through
95-18 the Commission.
95-19 SUBSECTION 7. BOARD OF DIRECTORS. (a) The district is
95-20 governed by a board of five directors.
95-21 (b) Temporary directors serve until initial permanent
95-22 directors are elected under Subsection 9.
95-23 (c) Initial permanent directors serve until permanent
95-24 directors are elected under Subsection 10.
95-25 (d) Permanent directors other than initial permanent
96-1 directors serve staggered four year terms.
96-2 (e) Each director must qualify to serve as director in
96-3 the manner provided by Section 54.025 or 54.116, Water code, as
96-4 appropriate.
96-5 (f) A director serves until the director's successor
96-6 has qualified.
96-7 SUBSECTION 8. TEMPORARY DIRECTORS. (a) The temporary board
96-8 of directors is composed of:
96-9 (1) ______________________
96-10 (2) ______________________
96-11 (3) ______________________
96-12 (4) ______________________
96-13 (5) ______________________
96-14 (b) If a temporary director fails to qualify for
96-15 office, the temporary directors who have qualified shall appoint a
96-16 person to fill the vacancy. If at any time there are fewer than
96-17 three qualified temporary directors, the Commission shall appoint
96-18 the necessary number of persons to fill all vacancies on the board.
96-19 SUBSECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
96-20 (a) The temporary board of directors shall call and hold an
96-21 election to confirm establishment of the district and to elect five
96-22 initial directors as provided by Chapter 54, Water Code.
96-23 (b) Subsection (a), Section 41.001, Election Code,
96-24 does not apply to a confirmation election held as provided by this
96-25 section.
97-1 SUBSECTION 10. ELECTION OF DIRECTORS. On the first Saturday
97-2 in May of the fourth year after the year in which the confirmation
97-3 election is held, an election shall be held in the district for the
97-4 election of two directors which shall each serve two year terms and
97-5 three directors who shall serve four year terms. Thereafter, on
97-6 the same date in each subsequent second year, the appropriate
97-7 number of directors shall be elected to the board.
97-8 SUBSECTION 11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
97-9 No municipality in whose extraterritorial jurisdiction the district
97-10 is located shall pass any ordinances, resolutions or otherwise take
97-11 any actions which impair the ability of the district to exercise
97-12 its powers under this Act or which would limit the ability of the
97-13 district to finance, construct or operate its water, wastewater or
97-14 drainage systems.
97-15 SUBSECTION 12. ANNEXATION. The district may not be annexed
97-16 by a municipality in whose extraterritorial jurisdiction the
97-17 district lies without an affirmative vote of a majority of the
97-18 qualified voting electors at an election held by the district to
97-19 consider a proposition for or against such annexation.
97-20 SUBSECTION 13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
97-21 INSTALLATION OF FACILITIES. If a municipality in whose
97-22 extraterritorial jurisdiction the district is located annexes the
97-23 district for full or limited purposes and the annexation precludes
97-24 or impairs the ability of the district to issue bonds, the
97-25 municipality shall, simultaneously with the annexation, pay in cash
98-1 to the landowner or developer of the district a sum equal to all
98-2 actual costs and expenses incurred by the landowner or developer in
98-3 connection with the district that the district has, in writing,
98-4 agreed to pay and that would otherwise have been eligible for
98-5 reimbursement from bond proceeds under the rules and requirements
98-6 of the Commission as such rules and requirements exist on the date
98-7 of annexation. The municipality shall further be required to
98-8 install after annexation all necessary water, wastewater and
98-9 drainage facilities to serve full buildout of development within
98-10 the district.
98-11 SECTION 7. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION,
98-12 AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 9.
98-13 SUBSECTION 1. CREATION. (a) A conservation and reclamation
98-14 district, to be known as Travis County Municipal Utility District
98-15 No. 9, is created in Travis County, subject to approval at a
98-16 confirmation election under Subsection 9 of this Act. The district
98-17 is a governmental agency and a body politic and corporate.
98-18 (b) The district is created under and is essential to
98-19 accomplish the purposes of Article XVI, Section 59, of the Texas
98-20 Constitution.
98-21 SUBSECTION 2. DEFINITION. In this Act:
98-22 (1) "Commission" means the Texas Natural Resource
98-23 Conservation Commission.
98-24 (2) "District means Travis County Municipal Utility
98-25 District No. 9.
99-1 SUBSECTION 3. BOUNDARIES. The district includes the
99-2 territory contained within the following area:
99-3 A DESCRIPTION, PREPARED IN THE OFFICE FROM INFORMATION OBTAINED
99-4 THROUGH PUBLIC RECORDS OF 319.38 ACRES OF LAND SITUATED IN THE
99-5 DRURY H. MINOR SURVEY NO. 416, THE H. BOND SURVEY NO. 54, THE A.
99-6 EANES SURVEY NO. 503, AND THE JOHN L. BRAY SURVEY NO. 72, TRAVIS
99-7 COUNTY, TEXAS, BEING ALL OF THAT CERTAIN 30.029 ACRE TRACT OF LAND
99-8 DESIGNATED AS TRACT 2 IN A DEED TO BARTON CREEK PROPERTIES INC.
99-9 RECORDED IN VOLUME 10927, PAGE 616 OF THE REAL PROPERTY RECORDS OF
99-10 TRAVIS COUNTY, TEXAS AND BEING ALL OF THAT CERTAIN 8.317 ACRE TRACT
99-11 OF LAND, DESIGNATED AS TRACT 1, CONVEYED TO BARTON CREEK PROPERTIES
99-12 INC. BY DEED RECORDED IN VOLUME 11068, PAGE 395 OF THE SAID REAL
99-13 PROPERTY RECORDS ALSO BEING PORTIONS OF THOSE CERTAIN TRACTS OF
99-14 LAND, AS LISTED BELOW, CONVEYED TO BARTON CREEK PROPERTIES INC. BY
99-15 DEEDS RECORDED IN THE SAID REAL PROPERTY RECORDS:
99-16 1. 205.015 ACRES, (TRACT 1), VOLUME 10778, PAGE 764,
99-17 2. 838.057 ACRES, (TRACT 1), VOLUME 10927, PAGE 616,
99-18 3. 30.997 ACRES, (TRACT ONE), VOLUME 10769, PAGE 1255,
99-19 4. 992.199 ACRES, VOLUME 10762, PAGE 517, AND
99-20 5. 3.989 ACRES, (TRACT 2), VOLUME 11068, PAGE 395,
99-21 SAID 319.38 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND
99-22 BOUNDS AS TRACT 1, CONTAINING 290.75 ACRES OF LAND MORE OR LESS,
99-23 AND TRACT 2, CONTAINING 28.63 ACRES OF LAND MORE OR LESS AS
99-24 FOLLOWS:
99-25 TRACT 1
100-1 BEGINNING at the most northerly corner of the said 8.317 acre
100-2 tract;
100-3 THENCE along the east lines of said 8.317 acre tract the following
100-4 four (4) courses:
100-5 1. S 3300'47" E, 401.00 feet to a point,
100-6 2. S 2653'00" E, 313.33 feet to a point,
100-7 3. S 0744'00" E, 308.82 feet to a point, and
100-8 4. S 0639'00" E, 128.93 feet to a point in the north line of
100-9 the said 838.057 acre tract;
100-10 THENCE along the north line of the said 838.057 acre tract the
100-11 following twelve (12) courses:
100-12 1. S 6840'26" E, 149.00 feet to a point,
100-13 2. S 7037'26" E, 148.73 feet to a point,
100-14 3. S 5405'26" E, 322.77 feet to a point,
100-15 4. N 8415'34" E, 354.85 feet to a point,
100-16 5. N 7300'34" E, 292.56 feet to a point,
100-17 6. N 5607'34" E, 294.03 feet to a point,
100-18 7. N 3246'34" E, 475.44 feet to a point,
100-19 8. N 2803'34" E, 245.38 feet to a point,
100-20 9. N 7332'34" E, 147.73 feet to a point,
100-21 10. N 8452'34" E, 282.22 feet to a point,
100-22 11. S 7726'26" E, 176.06 feet to a point, and
100-23 12. S 2904'26" E, 246.32 feet to a point in the north line of
100-24 Lost Creek Boulevard;
100-25 THENCE crossing said Lost Creek Boulevard, S 4836'40" E, 94.59
101-1 feet to a point in the south line of said Lost Creek Boulevard and
101-2 the north line of the said 838.057 acre tract;
101-3 THENCE along the south line of said Lost Creek Boulevard and the
101-4 north line of the said 838.057 acre tract, the following two (2)
101-5 courses:
101-6 1. a distance of 226.63 feet along the arc of a curve to the
101-7 right having a central angle of 1820'20", a radius of 708.06
101-8 feet and a chord bearing N 4540'44" E, 225.67 feet to a
101-9 point, and
101-10 2. N 7107'34" E, 184.23 feet to a point;
101-11 THENCE, leaving the south line of said Lost Creek Boulevard, along
101-12 the north and east lines of the said 838.057 acre tract the
101-13 following fourteen (14) courses:
101-14 1. S 4833'26" E, 303.92 feet to a point,
101-15 2. N 6630'34" E, 126.42 feet to a point,
101-16 3. S 4838'26" E, 198.98 feet to a point,
101-17 4. N 7316'34" E, 103.01 feet to a point,
101-18 5. N 6734'34" E, 182.29 feet to a point,
101-19 6. N 6212'34" E, 66.07 feet to a point,
101-20 7. N 1146'34" E, 77.73 feet to a point,
101-21 8. N 6108'34" E, 241.72 feet to a point,
101-22 9. N 6708'34" E, 148.51 feet to a point,
101-23 10. N 6403'34" E, 143.70 feet to a point,
101-24 11. N 7754'34" E, 81.30 feet to a point,
101-25 12. N 8826'34" E, 434.68 feet to a point,
102-1 13. S 8749'26" E, 335.00 feet to a point, and
102-2 14. S 2803'04" W, 4360.94 feet to a point for the southeast
102-3 corner hereof;
102-4 THENCE crossing the said 838.057 acre tract and the said 3.898 acre
102-5 tract the following fifteen (15) courses:
102-6 1. N 6154'48" W, 4932.44 feet to a point,
102-7 2. N 4321'11" E, 55.04 feet to a point,
102-8 3. N 8445'06" E, 237.82 feet to a point,
102-9 4. N 2613'18" E, 117.79 feet to a point,
102-10 5. N 1839'19" W, 151.88 feet to a point,
102-11 6. N 4205'26" W, 161.75 feet to a point,
102-12 7. N 0330'36" E, 186.13 feet to a point,
102-13 8. N 7024'45" E, 146.60 feet to a point,
102-14 9. S 4624'57" E, 152.05 feet to a point,
102-15 10. S 3340'48" E, 176.38 feet to a point,
102-16 11. S 7512'11" E, 79.78 feet to a point,
102-17 12. N 6448'30" E, 59.95 feet to a point,
102-18 13. N 2435'11" E, 275.91 feet to a point,
102-19 14. N 6548'32" E, 71.94 feet to a point, and
102-20 15. N 3916'02" E, 44.48 feet to a point on the north line of the
102-21 said 3.989 acre tract being the south R.O.W. line of said
102-22 Lost Creek Boulevard;
102-23 THENCE along the north line of the said 3.989 acre tract, N
102-24 8307'48" W, 114.94 feet to a point;
102-25 THENCE, departing the north line of the said 3.989 acre tract,
103-1 crossing said Lost Creek Boulevard N 0647'30" E, 80.00 feet to a
103-2 point on the north R.O.W. line of Lost Creek Boulevard for the
103-3 southwest corner of the said 8.317 acre tract;
103-4 THENCE along the west lines of the said 8.317 acre tract the
103-5 following five (5) courses:
103-6 1. N 3839'35" E, 230.63 feet to a point,
103-7 2. N 0306'25" W, 116.00 feet to a point,
103-8 3. N 4751'25" W, 136.30 feet to a point,
103-9 4. N 5003'25" W, 93.96 feet to a point, and
103-10 5. N 1852'35" E, 576.88 feet to the POINT OF BEGINNING of the
103-11 herein described TRACT 1 containing 290.75 acres of land more
103-12 or less.
103-13 TRACT 2
103-14 BEGINNING at the most northerly corner of that certain 8.081 acre
103-15 tract of land described in a general warranty deed to Barton Creek
103-16 Properties Inc. recorded in Volume 11604, Page 175 of the said Real
103-17 Property Records;
103-18 THENCE along the northwest line of the said 8.081 acre tract S
103-19 5943'04" W, 144.17 feet to a point;
103-20 THENCE, departing the said 8.081 acre tract, crossing the said
103-21 992.199 acre tract N 2052'55" E, 74.06 feet to the most southerly
103-22 southeast corner of that certain 45.107 acre tract of land
103-23 described in a general warranty deed to Barton Creek Properties
103-24 Inc. recorded in Volume 11604, Page 175 of the said Real Property
103-25 Records;
104-1 THENCE along easterly lines of the said 45.107 acre tract the
104-2 following six (6) courses:
104-3 1. N 2900'09" E, 202.95 feet to a point,
104-4 2. N 4746'42" W, 423.06 feet to a point,
104-5 3. N 7222'24" E, 508.89 feet to a point,
104-6 4. N 6903'49" E, 370.24 feet to a point,
104-7 5. S 5737'12" E, 149.20 feet to a point, and
104-8 6. N 7343'57" E, 280.95 feet to a point for the northeast
104-9 corner of the herein described 28.63 acre TRACT 2;
104-10 THENCE, departing the easterly lines of the said 45.107 acre tract,
104-11 crossing the said 992.199 acre tract and the said 30.997 acre tract
104-12 the following eight (8) courses:
104-13 1. S 0628'34" W, 186.19 feet to a point,
104-14 2. S 2630'40" W, 665.81 feet to a point,
104-15 3. S 0219'32" E, 394.32 feet to a point,
104-16 4. S 3344'58" W, 856.79 feet to a point,
104-17 5. S 0102'59" W, 382.06 feet to a point,
104-18 6. S 1954'01" E, 82.85 feet to a point,
104-19 7. N 6059'59" W, 299.86 feet to a point, and
104-20 8. N 0422'33" W, 443.70 feet to a point on the east line of the
104-21 said 8.081 acre tract;
104-22 THENCE along the east line of the said 8.081 acre tract the
104-23 following four (4) courses:
104-24 1. N 3332'28" E, 125.99 feet to a point,
104-25 2. N 1654'03" E, 250.42 feet to a point,
105-1 3. N 0041'49" E, 633.15 feet to a point, and
105-2 4. N 1524'28" W, 39.52 feet to the POINT OF BEGINNING of the
105-3 herein described TRACT 2 containing 28.63 acres of land more
105-4 or less.
105-5 The herein described TRACTS 1 and 2 totaling 319.38 acres of land
105-6 more or less.
105-7 SUBSECTION 4. FINDINGS RELATING TO BOUNDARIES. The
105-8 legislature finds that the boundaries and field notes of the
105-9 district form a closure. A mistake in the field notes or in
105-10 copying the field notes in the legislative process does not affect
105-11 the organization, existence, or validity of the district, the right
105-12 of the district to levy and collect taxes, or the legality or
105-13 operation of the district or its governing body.
105-14 SUBSECTION 5. FINDING OF BENEFIT. All of the land and other
105-15 property included within the boundaries of the district will be
105-16 benefited by the works and projects that are to be accomplished by
105-17 the district under the powers conferred by Article XVI, Section 59,
105-18 of the Texas Constitution. The district is created to serve a
105-19 public use and benefit.
105-20 SUBSECTION 6. POWERS. (a) The district has all of the
105-21 rights, powers, privileges, authority, functions, and duties
105-22 provided by the general law of this state, including Chapters 50
105-23 and 54, Water Code, applicable to municipal utility districts
105-24 created under Article XVI, Section 59, of the Texas Constitution.
105-25 This Act prevails over any provision of general law that is in
106-1 conflict or inconsistent with this Act.
106-2 (b) The rights, powers, privileges, authority,
106-3 functions, and duties of the district are subject to the continuing
106-4 right of supervision of the state to be exercised by and through
106-5 the Commission.
106-6 SUBSECTION 7. BOARD OF DIRECTORS. (a) The district is
106-7 governed by a board of five directors.
106-8 (b) Temporary directors serve until initial permanent
106-9 directors are elected under Subsection 9.
106-10 (c) Initial permanent directors serve until permanent
106-11 directors are elected under Subsection 10.
106-12 (d) Permanent directors other than initial permanent
106-13 directors serve staggered four year terms.
106-14 (e) Each director must qualify to serve as director in
106-15 the manner provided by Section 54.025 or 54.116, Water code, as
106-16 appropriate.
106-17 (f) A director serves until the director's successor
106-18 has qualified.
106-19 SUBSECTION 8. TEMPORARY DIRECTORS. (a) The temporary board
106-20 of directors is composed of:
106-21 (1) ________________________
106-22 (2) ________________________
106-23 (3) ________________________
106-24 (4) ________________________
106-25 (5) ________________________
107-1 (b) If a temporary director fails to qualify for
107-2 office, the temporary directors who have qualified shall appoint a
107-3 person to fill the vacancy. If at any time there are fewer than
107-4 three qualified temporary directors, the Commission shall appoint
107-5 the necessary number of persons to fill all vacancies on the board.
107-6 SUBSECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
107-7 (a) The temporary board of directors shall call and hold an
107-8 election to confirm establishment of the district and to elect five
107-9 initial directors as provided by Chapter 54, Water Code.
107-10 (b) Subsection (a), Section 41.001, Election Code,
107-11 does not apply to a confirmation election held as provided by this
107-12 section.
107-13 SUBSECTION 10. ELECTION OF DIRECTORS. On the first Saturday
107-14 in May of the fourth year after the year in which the confirmation
107-15 election is held, an election shall be held in the district for the
107-16 election of two directors which shall each serve two year terms and
107-17 three directors who shall serve four year terms. Thereafter, on
107-18 the same date in each subsequent second year, the appropriate
107-19 number of directors shall be elected to the board.
107-20 SUBSECTION 11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
107-21 No municipality in whose extraterritorial jurisdiction the district
107-22 is located shall pass any ordinances, resolutions or otherwise take
107-23 any actions which impair the ability of the district to exercise
107-24 its powers under this Act or which would limit the ability of the
107-25 district to finance, construct or operate its water, wastewater or
108-1 drainage systems.
108-2 SUBSECTION 12. ANNEXATION. The district may not be annexed
108-3 by a municipality in whose extraterritorial jurisdiction the
108-4 district lies without an affirmative vote of a majority of the
108-5 qualified voting electors at an election held by the district to
108-6 consider a proposition for or against such annexation.
108-7 SUBSECTION 13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
108-8 INSTALLATION OF FACILITIES. If a municipality in whose
108-9 extraterritorial jurisdiction the district is located annexes the
108-10 district for full or limited purposes and the annexation precludes
108-11 or impairs the ability of the district to issue bonds, the
108-12 municipality shall, simultaneously with the annexation, pay in cash
108-13 to the landowner or developer of the district a sum equal to all
108-14 actual costs and expenses incurred by the landowner or developer in
108-15 connection with the district that the district has, in writing,
108-16 agreed to pay and that would otherwise have been eligible for
108-17 reimbursement from bond proceeds under the rules and requirements
108-18 of the Commission as such rules and requirements exist on the date
108-19 of annexation. The municipality shall further be required to
108-20 install after annexation all necessary water, wastewater and
108-21 drainage facilities to serve full buildout of development within
108-22 the district.
108-23 SECTION 8. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. (a) The
108-24 proper and legal notice of the intention to introduce this Act,
108-25 setting forth the general substance of this Act, has been published
109-1 as provided by law, and the notice and a copy of this Act have been
109-2 furnished to all persons, agencies, officials, or entities to which
109-3 they are required to be furnished by the constitution and other
109-4 laws of this state, including the governor, who has submitted the
109-5 notice and Act to the Commission.
109-6 (b) The Commission has filed its recommendations
109-7 relating to this Act with the governor, lieutenant governor, and
109-8 speaker of the house of representatives within the required time.
109-9 (c) All requirements of the constitution and laws of
109-10 this state and the rules and procedures of the legislature with
109-11 respect to the notice, introduction, and passage of this Act are
109-12 fulfilled and accomplished.
109-13 SECTION 9. EMERGENCY. The importance of this legislation and the
109-14 crowded condition of the calendars in both houses create an
109-15 emergency and an imperative public necessity that the
109-16 constitutional rule requiring bills to be read on three several
109-17 days in each house be suspended, and this rule is hereby suspended,
109-18 and that this Act take effect and be in force from and after its
109-19 passage, and it is so enacted.