1-1 By: Wentworth S.B. No. 1606
1-2 (In the Senate - Filed March 21, 1995; March 22, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 18, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 2; April 18, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1606 By: Ratliff
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the creation, administration, powers, duties,
1-11 operation, and financing of the Travis County Municipal Utility
1-12 District No. 3, Travis County Municipal Utility District No. 4,
1-13 Travis County Municipal Utility District No. 5, Travis County
1-14 Municipal Utility District No. 6, Travis County Municipal Utility
1-15 District No. 7, Travis County Municipal Utility District No. 8, and
1-16 Travis County Municipal Utility District No. 9.
1-17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-18 ARTICLE 1. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION,
1-19 AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3.
1-20 SECTION 1.01. CREATION. (a) A conservation and reclamation
1-21 district, to be known as Travis County Municipal Utility District
1-22 No. 3, is created in Travis County, subject to approval at a
1-23 confirmation election under Section 1.09 of this article. The
1-24 district is a governmental agency and a body politic and corporate.
1-25 (b) The district is created under and is essential to
1-26 accomplish the purposes of Section 59, Article XVI, Texas
1-27 Constitution.
1-28 SECTION 1.02. DEFINITIONS. In this article:
1-29 (1) "Commission" means the Texas Natural Resource
1-30 Conservation Commission.
1-31 (2) "District" means Travis County Municipal Utility
1-32 District No. 3.
1-33 SECTION 1.03. BOUNDARIES. The district includes the
1-34 territory contained within the following area:
1-35 A DESCRIPTION, PREPARED IN THE OFFICE FROM INFORMATION OBTAINED
1-36 THROUGH PUBLIC RECORDS OF 960.68 ACRES OF LAND SITUATED IN THE
1-37 WILLIAM S. HALL SURVEY NO. 412, THE JAMES M. TRIBBLE SURVEY NO.
1-38 418, THE WILLIAM SARGENT SURVEY NO. 499, THE DRURY H. MINOR SURVEY
1-39 NO. 416, THE ISAAC PERKINS SURVEY NO. 38, THE ISAAC PERKINS SURVEY
1-40 NO. 37, THE H. BOND SURVEY NO. 54 AND THE A. EANES SURVEY NO. 509,
1-41 TRAVIS COUNTY, TEXAS, BEING ALL OF THAT CERTAIN 19.00 ACRE TRACT OF
1-42 LAND CONVEYED TO BARTON CREEK PROPERTIES INC. BY SPECIAL WARRANTY
1-43 DEED RECORDED IN VOLUME 11214, PAGE 1077 OF THE REAL PROPERTY
1-44 RECORDS OF TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF THAT
1-45 CERTAIN 30.997 ACRE TRACT OF LAND, DESIGNATED AS TRACT ONE,
1-46 CONVEYED TO BARTON CREEK PROPERTIES INC. BY SPECIAL WARRANTY DEED
1-47 RECORDED IN VOLUME 10769, PAGE 1255 OF THE SAID REAL PROPERTY
1-48 RECORDS, ALSO BEING A PORTION OF THAT CERTAIN 992.199 ACRE TRACT OF
1-49 LAND CONVEYED TO BARTON CREEK PROPERTIES INC. BY SPECIAL WARRANTY
1-50 DEED RECORDED IN VOLUME 10762, PAGE 517 OF THE SAID REAL PROPERTY
1-51 RECORDS, AND ALSO BEING A PORTION OF THAT CERTAIN 201.31 ACRE TRACT
1-52 OF LAND CONVEYED TO BARTON CREEK PROPERTIES INC. BY WARRANTY DEED
1-53 RECORDED IN VOLUME 10783, PAGE 448 OF THE SAID REAL PROPERTY
1-54 RECORDS, SAID 960.68 ACRES OF LAND BEING MORE PARTICULARLY
1-55 DESCRIBED BY METES AND BOUNDS AS TRACT 1, CONTAINING 122.93 ACRES
1-56 OF LAND, AND TRACT 2 CONTAINING 837.75 ACRES OF LAND, AS FOLLOWS:
1-57 TRACT 1
1-58 BEGINNING at a point on a south line of the said 201.31 acre tract
1-59 at its intersection with the east right-of-way (R.O.W.) line of a
1-60 proposed future roadway;
1-61 THENCE along the south, west, and north lines of the said 201.31
1-62 acre tract the following forty-nine (49) courses:
1-63 1. N 6106'08" W, 28.10 feet to a point,
1-64 2. N 6106'08" W, 12.17 feet to a point,
1-65 3. N 6150'30" W, 1024.85 feet to a point,
1-66 4. N 2929'21" E, 207.15 feet to a point,
1-67 5. N 2758'37" E, 229.86 feet to a point,
1-68 6. S 7315'34" E, 26.23 feet to a point,
2-1 7. S 5854'34" E, 31.29 feet to a point,
2-2 8. S 4510'46" E, 24.48 feet to a point,
2-3 9. S 5247'28" E, 64.61 feet to a point,
2-4 10. S 6132'27" E, 111.12 feet to a point,
2-5 11. S 5106'30" E, 10.08 feet to a point,
2-6 12. N 8505'30" E, 27.16 feet to a point,
2-7 13. S 4757'16" E, 78.06 feet to a point,
2-8 14. S 6529'30" E, 135.27 feet to a point,
2-9 15. N 1716'51" W, 77.48 feet to a point,
2-10 16. N 0417'52" W, 166.11 feet to a point,
2-11 17. N 0041'44" E, 54.16 feet to a point,
2-12 18. N 0333'56" E, 124.21 feet to a point,
2-13 19. N 0642'00" E, 139.64 feet to a point,
2-14 20. N 0311'50" E, 266.48 feet to a point,
2-15 21. N 0114'51" E, 220.47 feet to a point,
2-16 22. N 1504'06" W, 48.49 feet to a point,
2-17 23. N 2757'48" E, 614.87 feet to a point,
2-18 24. N 6155'37" W, 176.52 feet to a point,
2-19 25. N 2814'50" E, 655.87 feet to a point,
2-20 26. N 4402'24" E, 10.00 feet to a point,
2-21 27. N 6059'10" W, 112.42 feet to a point,
2-22 28. N 6128'15" W, 170.48 feet to a point,
2-23 29. N 6101'14" W, 148.68 feet to a point,
2-24 30. N 6152'33" W, 237.25 feet to a point,
2-25 31. N 6246'01" W, 395.65 feet to a point,
2-26 32. N 6249'37" W, 247.00 feet to a point,
2-27 33. N 6250'00" W, 313.86 feet to a point,
2-28 34. N 1835'42" E, 70.52 feet to a point,
2-29 35. N 0002'18" W, 192.04 feet to a point,
2-30 36. N 2135'53" E, 223.79 feet to a point,
2-31 37. N 3548'32" E, 415.11 feet to a point,
2-32 38. N 1912'34" E, 392.76 feet to a point,
2-33 39. N 5630'07" E, 255.58 feet to a point,
2-34 40. N 5717'47" E, 82.54 feet to a point,
2-35 41. S 6101'30" E, 264.21 feet to a point,
2-36 42. S 5310'10" E, 129.15 feet to a point,
2-37 43. S 6220'00" E, 11.98 feet to a point,
2-38 44. S 6741'46" E, 141.43 feet to a point,
2-39 45. S 2828'41" E, 175.90 feet to a point,
2-40 46. S 1725'38" E, 259.21 feet to a point,
2-41 47. S 6813'46" E, 201.24 feet to a point,
2-42 48. S 8726'57" E, 124.52 feet to a point, and
2-43 49. S 4251'47" E, 604.35 feet to the most westerly corner of The
2-44 Estates Above Lost Creek, a subdivision whose plat is
2-45 recorded in Book 81, Pages 286 through 294 of the Plat
2-46 Records of Travis County, Texas;
2-47 THENCE, departing the said north line of the 201.31 acre tract
2-48 along the southwesterly lines of the said The Estates Above Lost
2-49 Creek the following five (5) courses:
2-50 1. S 2312'39" E, 203.90 feet to a point,
2-51 2. S 2317'23" E, 180.47 feet to a point,
2-52 3. S 2316'15" E, 180.05 feet to a point,
2-53 4. S 2322'22" E, 249.95 feet to a point, and
2-54 5. S 2310'32" E, 65.85 feet to a point on the east R.O.W. line
2-55 of the said proposed future roadway;
2-56 THENCE, departing the said southwesterly lines of The Estates Above
2-57 Lost Creek, with the said easterly R.O.W. line of the proposed
2-58 future roadway, the following seven (7) courses:
2-59 1. S 5107'18" W, 259.25 feet to a point of curvature,
2-60 2. a distance of 328.10 feet along the arc of a curve to the
2-61 left whose radius is 705.00 feet, central angle is 2639'53"
2-62 and whose chord bears S 3747'22" W, 325.15 feet to the point
2-63 of tangency,
2-64 3. S 2427'25" W, 509.49 feet to a point of curvature,
2-65 4. a distance of 606.33 feet along the arc of a curve to the
2-66 left whose radius is 945.00 feet, central angle is 3645'44"
2-67 and whose chord bears S 0604'33" W, 595.99 feet to the point
2-68 of tangency,
2-69 5. S 1218'19" E, 286.57 feet to a point of curvature,
2-70 6. a distance of 576.37 feet along the arc of a curve to the
3-1 right whose radius is 745.00 feet, central angle is 4419'37"
3-2 and whose chord bears S 0951'30" W, 562.10 feet to the point
3-3 of tangency, and
3-4 7. S 3201'18" W, 886.19 feet to the POINT OF BEGINNING of the
3-5 herein described TRACT 1 containing 122.93 acres of land more
3-6 or less.
3-7 TRACT 2
3-8 BEGINNING at a point for the southeast corner of St. Michael's
3-9 Academy, a subdivision whose plat is recorded in Book 84, Pages
3-10 187C-188A of the said Plat Records;
3-11 THENCE along the east, north and west lines of said St. Michael's
3-12 Academy the following fifteen (15) courses:
3-13 1. N 1016'57" W, 79.56 feet to a point,
3-14 2. a distance of 264.08 feet along the arc of a curve to the
3-15 right having a central angle of 2913'00", a radius of 517.88
3-16 feet and a chord bearing N 0412'25" E, 261.23 feet to a
3-17 point,
3-18 3. N 1848'55" E, 85.94 feet to a point,
3-19 4. a distance of 102.81 feet along the arc of a curve to the
3-20 left having a central angle of 0530'00", a radius of 1071.03
3-21 feet and a chord bearing N 1603'55" E, 102.77 feet to a
3-22 point,
3-23 5. N 1318'55" E, 116.19 feet to a point,
3-24 6. a distance of 313.60 feet along the arc of a curve to the
3-25 right having a central angle of 3903'19", a radius of 460.06
3-26 feet and a chord bearing N 3250'34" E, 307.56 feet to a
3-27 point,
3-28 7. N 3737'47" W, 80.00 feet to a point,
3-29 8. N 1024'26" W, 483.49 feet to a point,
3-30 9. N 7935'54" E, 297.13 feet to a point,
3-31 10. N 1024'04" W, 41.24 feet to a point,
3-32 11. a distance of 553.91 feet along the arc of a curve to the
3-33 right having a central angle of 3223'05", a radius of 980.00
3-34 feet and a chord bearing N 0547'27" E, 546.57 feet to a
3-35 point,
3-36 12. S 8540'50" W, 1335.55 feet to a point,
3-37 13. S 4545'51" W, 439.25 feet to a point,
3-38 14. S 1522'11" W, 230.40 feet to a point, and
3-39 15. S 1401'34" W, 330.83 feet to a point in the south line of
3-40 the said 992.199 acre tract;
3-41 THENCE along the south line of the said 992.199 acre tract the
3-42 following four (4) courses:
3-43 1. N 5916'50" W, 166.28 feet to a point,
3-44 2. N 4731'25" W, 145.66 feet to a point,
3-45 3. N 6349'55" W, 194.27 feet to a point, and
3-46 4. N 8144'56" W, 90.03 feet to the southwest corner of the said
3-47 992.199 acre tract;
3-48 THENCE along the west, north and east lines of the said 992.199
3-49 acre tract the following one hundred and twenty-three (123)
3-50 courses:
3-51 1. N 0111'57" E, 199.94 feet to a point,
3-52 2. N 0910'32" E, 249.93 feet to a point,
3-53 3. N 3743'32" E, 179.95 feet to a point,
3-54 4. N 2535'28" W, 299.91 feet to a point,
3-55 5. N 2809'28" W, 389.89 feet to a point,
3-56 6. N 2305'28" W, 299.91 feet to a point,
3-57 7. N 1511'28" W, 199.94 feet to a point,
3-58 8. N 0357'28" W, 199.94 feet to a point,
3-59 9. N 0741'32" E, 399.88 feet to a point,
3-60 10. N 3221'32" E, 89.97 feet to a point,
3-61 11. N 4723'29" W, 51.30 feet to a point,
3-62 12. N 3009'57" E, 41.31 feet to a point,
3-63 13. N 6117'21" E, 99.28 feet to a point,
3-64 14. N 5233'45" E, 57.54 feet to a point,
3-65 15. N 4014'57" E, 102.75 feet to a point,
3-66 16. N 2735'03" E, 181.74 feet to a point,
3-67 17. N 2044'55" E, 130.67 feet to a point,
3-68 18. N 4356'55" E, 232.54 feet to a point,
3-69 19. N 3520'35" E, 166.74 feet to a point,
3-70 20. N 5114'04" E, 100.17 feet to a point,
4-1 21. N 4112'16" E, 120.38 feet to a point,
4-2 22. N 5520'28" E, 87.26 feet to a point
4-3 23. N 6051'42" E, 127.20 feet to a point,
4-4 24. N 2541'44" W, 114.39 feet to a point,
4-5 25. N 4059'14" E, 48.97 feet to a point,
4-6 26. N 2640'00" E, 98.64 feet to a point,
4-7 27. N 2832'59" E, 308.25 feet to a point,
4-8 28. S 6548'42" E, 40.57 feet to a point,
4-9 29. S 7522'42" E, 92.65 feet to a point,
4-10 30. S 6423'42" E, 178.68 feet to a point,
4-11 31. S 6237'42" E, 87.60 feet to a point,
4-12 32. S 7059'42" E, 152.34 feet to a point,
4-13 33. N 8147'18" E, 60.59 feet to a point,
4-14 34. S 7516'42" E, 47.98 feet to a point,
4-15 35. S 8227'42" E, 29.13 feet to a point,
4-16 36. S 7830'42" E, 52.06 feet to a point,
4-17 37. S 4556'10" E, 30.41 feet to a point,
4-18 38. S 1405'37" E, 6.23 feet to a point,
4-19 39. S 5637'37" E, 28.70 feet to a point,
4-20 40. S 6027'37" E, 25.75 feet to a point,
4-21 41. S 6602'37" E, 104.61 feet to a point,
4-22 42. S 5949'37" E, 171.28 feet to a point,
4-23 43. S 6331'37" E, 195.90 feet to a point,
4-24 44. S 6446'37" E, 44.13 feet to a point,
4-25 45. S 5930'37" E, 61.74 feet to a point,
4-26 46. S 5451'37" E, 18.28 feet to a point,
4-27 47. S 6430'37" E, 25.38 feet to a point,
4-28 48. S 5528'37" E, 58.07 feet to a point,
4-29 49. S 5813'37" E, 90.40 feet to a point,
4-30 50. S 6313'37" E, 51.62 feet to a point,
4-31 51. S 5830'37" E, 46.51 feet to a point,
4-32 52. S 6418'35" E, 41.69 feet to a point,
4-33 53. S 8254'37" E, 47.39 feet to a point,
4-34 54. S 5919.37" E, 52.37 feet to a point,
4-35 55. S 6329'37" E, 56.73 feet to a point,
4-36 56. S 7323'37" E, 67.23 feet to a point,
4-37 57. S 6954'37" E, 31.83 feet to a point,
4-38 58. S 4000'37" E, 19.80 feet to a point,
4-39 59. N 7514'23" E, 9.05 feet to a point,
4-40 60. N 8858'25" E, 89.22 feet to a point,
4-41 61. S 1502'34" E, 128.42 feet to a point,
4-42 62. S 0948'26" E, 39.28 feet to a point,
4-43 63. N 8539'34" E, 148.35 feet to a point,
4-44 64. N 8411'34" E, 137.55 feet to a point,
4-45 65. N 4247'23" E, 347.07 feet to a point,
4-46 66. N 4510'45" E, 84.52 feet to a point,
4-47 67. N 2800'45" E, 113.61 feet to a point,
4-48 68. N 2936'45" E, 213.13 feet to a point,
4-49 69. N 1605'45" E, 287.88 feet to a point,
4-50 70. N 2743'02" E, 506.38 feet to a point,
4-51 71. N 0607'10" E, 285.32 feet to a point,
4-52 72. N 7312'13" W, 195.59 feet to a point,
4-53 73. N 0243'48" E, 322.26 feet to a point,
4-54 74. N 0329'59" E, 290.69 feet to a point,
4-55 75. N 2805'04" W, 599.09 feet to a point,
4-56 76. N 0459'04" W, 290.94 feet to a point,
4-57 77. N 2722'56" E, 265.67 feet to a point,
4-58 78. N 4745'56" E, 133.40 feet to a point,
4-59 79. N 6221'56" E, 159.85 feet to a point,
4-60 80. S 8342'57" E, 163.25 feet to a point,
4-61 81. S 6706'57" E, 319.02 feet to a point,
4-62 82. S 5207'57" E, 125.16 feet to a point,
4-63 83. S 2646'57" E, 343.22 feet to a point,
4-64 84. S 7810'57" E, 107.21 feet to a point,
4-65 85. S 3204'57" E, 215.64 feet to a point,
4-66 86. S 3021'57" E, 311.35 feet to a point,
4-67 87. S 3031'57" E, 151.64 feet to a point,
4-68 88. S 1825'57" E, 249.04 feet to a point,
4-69 89. S 1108'56" E, 320.34 feet to a point,
4-70 90. S 0741'56" E, 131.28 feet to a point,
5-1 91. S 2732'04" W, 163.38 feet to a point,
5-2 92. S 0050'04" W, 154.31 feet to a point,
5-3 93. S 1453'04" W, 149.77 feet to a point,
5-4 94. S 0412'56" E, 229.80 feet to a point,
5-5 95. S 3032'56" E, 301.83 feet to a point,
5-6 96. S 2845'56" E, 299.93 feet to a point,
5-7 97. S 3125'56" E, 301.45 feet to a point,
5-8 98. S 3256'56" E, 131.38 feet to a point,
5-9 99. S 4710'56" E, 216.62 feet to a point,
5-10 100. S 6750'56" E, 111.15 feet to a point,
5-11 101. S 8227'56" E, 230.36 feet to a point,
5-12 102. N 7334'04" E, 334.47 feet to a point,
5-13 103. N 5903'03" E, 293.06 feet to a point,
5-14 104. N 4348'03" E, 210.98 feet to a point,
5-15 105. N 3924'03" E, 190.76 feet to a point,
5-16 106. N 2035'03" E, 164.56 feet to a point,
5-17 107. N 1924'03" E, 222.04 feet to a point,
5-18 108. N 1115'03" E, 195.85 feet to a point,
5-19 109. N 0935'03" E, 286.40 feet to a point,
5-20 110. N 0529'30" E, 604.40 feet to a point,
5-21 111. N 1658'49" W, 136.10 feet to a point,
5-22 112. N 0823'11" E, 275.84 feet to a point,
5-23 113. N 1951'11" E, 442.30 feet to a point,
5-24 114. N 6421'11" E, 479.70 feet to a point,
5-25 115. S 8144'49" E, 277.02 feet to a point,
5-26 116. S 6747'49" E, 313.96 feet to a point,
5-27 117. S 4521'49" E, 203.39 feet to a point,
5-28 118. S 2900'49" E, 235.40 feet to a point,
5-29 119. S 1248'49" E, 337.14 feet to a point,
5-30 120. S 2941'11" W, 144.69 feet to a point,
5-31 121. S 0759'49" E, 591.15 feet to a point,
5-32 122. S 3633'49" E, 141.13 feet to a point, and
5-33 123. S 0613'49" E, 898.01 feet to a point for the northwest
5-34 corner of Lot 1, Block A, The Estates of Barton Creek Section
5-35 Two-A a subdivision whose plat is recorded in Book 85, Pages
5-36 119B through 120A of the said Plat Records;
5-37 THENCE, departing the east lines of the said 992.199 acre tract,
5-38 along the west line of the said Lot 1, S 1559'56" E, 529.64 feet
5-39 to a point on the north R.O.W. line of Barton Creek Boulevard, an
5-40 80.00 foot wide R.O.W.;
5-41 THENCE, departing the west line of Lot 1, crossing said Barton
5-42 Creek Boulevard, S 1559'56" E, 80.00 feet to a point on the south
5-43 R.O.W. line of said Barton Creek Boulevard and the east line of the
5-44 said 992.199 acre tract;
5-45 THENCE along the east lines of the said 992.199 acre tract the
5-46 following eleven (11) courses:
5-47 1. S 1559'49" E, 209.80 feet to a point,
5-48 2. S 6545'11" W, 26.03 feet to a point,
5-49 3. N 8916'12" W, 22.01 feet to a point,
5-50 4. N 8704'17" W, 46.58 feet to a point,
5-51 5. S 1222'59" E, 249.49 feet to a point,
5-52 6. S 1209'57" E, 79.24 feet to a point,
5-53 7. S 0702'38" E, 170.51 feet to a point,
5-54 8. S 1457'23" W, 77.89 feet to a point,
5-55 9. S 4125'08" E, 149.05 feet to a point,
5-56 10. S 2758'13" W, 209.26 feet to a point, and
5-57 11. S 2633'24" W, 2.10 feet to a point for a corner in the east
5-58 line of that certain 45.141 acre tract of land described in a
5-59 general warranty deed to Barton Creek Properties Inc.
5-60 recorded in Volume 11604, Page 175 of the said Real Property
5-61 Records;
5-62 THENCE, departing the east lines of the said 992.199 acre tract,
5-63 along the east, north and west lines of the said 45.141 acre tract
5-64 the following sixteen (16) courses:
5-65 1. N 3608'45" W, 627.13 feet to a point,
5-66 2. N 2804'19" W, 576.10 feet to a point,
5-67 3. N 3341'10" E, 31.97 feet to a non-tangent point of
5-68 curvature,
5-69 4. a distance of 239.03 feet along the arc of a curve to the
5-70 right whose radius is 540.29 feet, central angle is
6-1 2520'53", and whose chord bears N 5237'58" W, 237.09 feet
6-2 to the point of tangency,
6-3 5. N 3957'32" W, 183.09 feet to a point of curvature,
6-4 6. a distance of 320.20 feet along the arc of a curve to the
6-5 left whose radius is 460.00 feet, central angle is 3952'58",
6-6 and whose chord bears N 5954'01" W, 313.77 feet to a point,
6-7 7. S 0519'27" W, 264.65 feet to a point,
6-8 8. S 0419'26" E, 538.16 feet to a point,
6-9 9. S 2505'34" E, 151.78 feet to a point,
6-10 10. S 1957'53" W, 369.50 feet to a point,
6-11 11. S 1140'24" W, 156.85 feet to a point,
6-12 12. S 5942'08" W, 206.12 feet to a point,
6-13 13. S 3926'48" E, 65.40 feet to a point,
6-14 14. N 8240'42" E, 301.03 feet to a point,
6-15 15. S 2011'54" W, 249.89 feet to a point, and
6-16 16. S 5123'20" W, 84.73 feet to a point on the north line of The
6-17 Second Replat of Barton Creek Club, a subdivision whose plat
6-18 is recorded in Book 89, Pages 168 through 171 of the said
6-19 Plat Records;
6-20 THENCE, departing the west line of the said 45.141 acre tract,
6-21 along north lines of the said Barton Creek Club the following six
6-22 (6) courses:
6-23 1. N 1102'56" E, 254.74 feet to a point,
6-24 2. S 7230'24" W, 425.99 feet to a point,
6-25 3. S 8641'31" W, 115.73 feet to a point,
6-26 4. N 4735'59" W, 329.18 feet to a point,
6-27 5. N 6440'59" W, 214.00 feet to a point, and
6-28 6. S 4657'01" W, 54.20 feet to a point on an easterly line of
6-29 that certain 13.044 acre tract of land described in a general
6-30 warranty deed to Barton Creek Properties Inc. recorded in
6-31 Volume 11604, Page 175 of the said Real Property Records;
6-32 THENCE, departing the north line of the said Barton Creek Club,
6-33 along the north lines of the said 13.044 acre tract the following
6-34 six (6) courses:
6-35 1. N 4340'54" W, 190.92 feet to a point,
6-36 2. N 0132'59" E, 256.06 feet to a point,
6-37 3. N 7936'17" W, 463.00 feet to a point,
6-38 4. S 5520'24" W, 142.13 feet to a point,
6-39 5. S 1200'03" W, 246.77 feet to a point, and
6-40 6. S 4305'34" W, 468.80 feet to a point in the curving east
6-41 R.O.W. line of said Barton Creek Boulevard;
6-42 THENCE, departing the north lines of the said 13.044 acre tract,
6-43 along the said east R.O.W. line of Barton Creek Boulevard the
6-44 following three (3) courses:
6-45 1. a distance of 82.25 feet along the arc of a curve to the left
6-46 whose radius is 460.00 feet, central angle is 1014'40", and
6-47 whose chord bears S 1034'30" E, 82.14 feet to the point of
6-48 tangency,
6-49 2. S 1541'50" E, 293.79 feet to a point of curvature, and
6-50 3. a distance of 331.06 feet along the arc of a curve to the
6-51 right whose radius is 540.00 feet, central angle is
6-52 3507'35", and whose chord bears S 0151'58" W, 325.90 feet
6-53 to the point for the southwest corner of Barton Creek Club
6-54 Barton Club Drive Street Dedication whose plat is recorded in
6-55 Book 86, Pages 22D through 23A of the said Plat Records;
6-56 THENCE, departing the east R.O.W. line of the said Barton Creek
6-57 Boulevard, along the south R.O.W. line of Barton Club Drive, the
6-58 following two (2) courses:
6-59 1. a distance of 29.13 feet along the arc of a curve to the
6-60 right whose radius is 25.00 feet, central angle is 6645'32",
6-61 and whose chord bears N 5248'30" E, 27.51 feet to a point,
6-62 and
6-63 2. N 8609'34" E, 139.34 feet to a point for the most northerly
6-64 northwest corner of that certain 45.107 acre tract of land
6-65 described in a general warranty deed to Barton Creek
6-66 Properties Inc. recorded in Volume 11604, Page 175 of the
6-67 said Real Property Records;
6-68 THENCE, departing the south R.O.W. line of Barton Club Drive, along
6-69 westerly lines of the said 45.107 acre tract the following
6-70 twenty-one (21) courses:
7-1 1. S 0415'45" W, 80.72 feet to a point,
7-2 2. S 6611'15" E, 189.97 feet to a point,
7-3 3. S 4954'10" E, 321.85 feet to a point,
7-4 4. S 4918'40" E, 340.52 feet to a point,
7-5 5. S 0231'08" W, 152.45 feet to a point,
7-6 6. S 7930'41" W, 212.04 feet to a point,
7-7 7. S 7735'55" W, 341.77 feet to a point,
7-8 8. S 4706'43" W, 454.77 feet to a point,
7-9 9. S 1930'00" E, 280.70 feet to a point,
7-10 10. S 8147'21" W, 120.43 feet to a point,
7-11 11. N 6902'34" W, 81.92 feet to a point,
7-12 12. N 5013'51" W, 241.99 feet to a point,
7-13 13. N 6822'37" W, 208.69 feet to a point,
7-14 14. N 3209'13" W, 633.79 feet to a point,
7-15 15. S 8112'08" W, 155.12 feet to a point,
7-16 16. S 1855'37" E, 560.46 feet to a point,
7-17 17. S 2521'45" E, 285.52 feet to a point,
7-18 18. S 7252'46" E, 923.63 feet to a point,
7-19 19. S 3213'32" E, 234.41 feet to a point,
7-20 20. S 8350'22" E, 126.73 feet to a point, and
7-21 21. S 6838'09" E, 141.10 feet to a point for the most southerly
7-22 southeast corner of the said 45.107 acre tract;
7-23 THENCE, departing the said westerly lines of the 45.107 acre tract,
7-24 crossing said 992.199 acre tract S 2052'55" W, 74.06 feet to a
7-25 northwesterly corner of that certain 8.081 acre tract of land
7-26 described in a general warranty deed to Barton Creek Properties
7-27 Inc. recorded in Volume 11604, Page 175 of the said Real Property
7-28 Records;
7-29 THENCE along the westerly and southerly lines of the said 8.081
7-30 acre tract the following five (5) courses:
7-31 1. S 1928'18" W, 1062.57 feet to a point,
7-32 2. N 6956'53" W, 63.87 feet to a point,
7-33 3. S 0526'25" W, 158.21 feet to a point,
7-34 4. S 4445'59" E, 242.82 feet to a point, and
7-35 5. N 3332'28" E, 439.94 feet to a point;
7-36 THENCE, departing the southerly lines of the said 8.081 acre tract,
7-37 crossing the said 992.199 acre tract and the said 30.997 acre tract
7-38 the following three (3) courses:
7-39 1. S 0422'33" E, 443.70 feet to a point,
7-40 2. S 6059'59" E, 299.86 feet to a point, and
7-41 3. S 4921'11" W, 848.83 feet to the northeast corner of said
7-42 The Estates Above Lost Creek;
7-43 THENCE along the northerly lines of said The Estates Above Lost
7-44 Creek the following ten (10) courses:
7-45 1. N 3758'05" W, 213.14 feet to a point,
7-46 2. S 8856'26" W, 701.83 feet to a point,
7-47 3. N 2709'05" W, 772.26 feet to a point,
7-48 4. N 5027'02" W, 277.60 feet to a point,
7-49 5. S 7026'54" W, 270.04 feet to a point,
7-50 6. N 5302'57" W, 800.03 feet to a point,
7-51 7. N 6602'27" W, 700.17 feet to a point,
7-52 8. N 5201'58" W, 490.10 feet to a point,
7-53 9. S 1659'31" W, 248.42 feet to a point, and
7-54 10. N 7958'28" W, 744.21 feet to the POINT OF BEGINNING
7-55 containing 911.05 acres of land more or less SAVE AND EXCEPT
7-56 those certain tracts of land described as containing 8.284
7-57 acres, 17.516 acres and 20.029 acres in a general warranty
7-58 deed to Barton Creek Properties Inc. recorded in Volume
7-59 11604, Page 175 of the said Real Property Records, also SAVE
7-60 AND EXCEPT 27.47 acres of land more or less leaving a net
7-61 area of the herein described Tract 2 of 837.75 acres of land
7-62 more or less, said 27.47 acres being seven (7) Tracts of land
7-63 designated as Tracts A, B, C, D, E, F and G containing 7.50
7-64 acres, 3.51 acres, 4.01 acres, 0.65 acres, 4.87 acres, 3.33
7-65 acres, and 3.60 acres of land respectively and being more
7-66 particularly described by metes and bounds as follows:
7-67 TRACT A
7-68 COMMENCING for reference at a point on the north R.O.W. line of
7-69 said Barton Creek Boulevard, being the northeast corner of The
7-70 Estates of Barton Creek Section Two, a subdivision whose plat is
8-1 recorded in Book 85, Pages 118B through 119A of the said Plat
8-2 Records;
8-3 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
8-4 S 8112'08" W, 1250.04 feet to a point and departing the said north
8-5 R.O.W. aiwain in a perpendicular direction crossing the said
8-6 992.199 acres N 0847'52" W, 1271.52 feet to the POINT OF BEGINNING
8-7 of the herein described 7.50 acre tract;
8-8 THENCE, continuing to cross the said 992.199 acres along the
8-9 perimeter of the said 7.50 acre tract in a clockwise direction the
8-10 following thirty-eight (38) courses:
8-11 1. N 3041'58" W, 67.67 feet to a point,
8-12 2. N 5553'23" W, 139.91 feet to a point,
8-13 3. N 5931'30" W, 247.65 feet to a point,
8-14 4. N 7422'36" W, 138.54 feet to a point,
8-15 5. S 5958'15" W, 135.30 feet to a point,
8-16 6. S 5954'25" W, 446.39 feet to a point,
8-17 7. S 1630'25" E, 112.82 feet to a non-tangent point of
8-18 curvature,
8-19 8. a distance of 33.16 feet along the arc of a curve to the
8-20 right whose radius is 345.00 feet, central angle is 0530'26"
8-21 and whose chord bears S 7854'47" W, 33.15 feet to a
8-22 non-tangent point,
8-23 9. N 1630'25" W, 151.05 feet to a point,
8-24 10. N 0205'36" E, 47.91 feet to a point,
8-25 11. N 2322'28" E, 47.89 feet to a point,
8-26 12. N 3703'23" E, 416.69 feet to a point,
8-27 13. N 3756'40" E, 63.67 feet to a point,
8-28 14. N 5231'47" E, 50.40 feet to a point,
8-29 15. N 7116'13" E, 50.42 feet to a point,
8-30 16. S 8957'57" E, 50.50 feet to a point,
8-31 17. S 7128'25" E, 49.57 feet to a point,
8-32 18. S 6053'36" E, 73.82 feet to a point,
8-33 19. S 6042'59" E, 69.78 feet to a point,
8-34 20. S 6200'49" E, 73.56 feet to a point,
8-35 21. S 6631'28" E, 75.01 feet to a point,
8-36 22. S 7140'40" E, 75.46 feet to a point,
8-37 23. S 7639'35" E, 75.28 feet to a point,
8-38 24. S 8140'07" E, 75.29 feet to a point,
8-39 25. S 8641'17" E, 75.13 feet to a point,
8-40 26. N 8943'39" E, 71.50 feet to a point,
8-41 27. S 8933'24" E, 60.75 feet to a point,
8-42 28. N 0823'51" E, 120.04 feet to a point,
8-43 29. S 8132'02" E, 24.59 feet to a point,
8-44 30. S 0807'44" W, 119.95 feet to a point,
8-45 31. S 4620'07" E, 31.26 feet to a point,
8-46 32. S 2711'00" E, 42.68 feet to a point,
8-47 33. S 1601'31" E, 67.92 feet to a point,
8-48 34. S 0319'59" E, 47.30 feet to a point,
8-49 35. S 1829'47" W, 47.28 feet to a point,
8-50 36. S 4028'45" W, 47.37 feet to a point,
8-51 37. S 6007'59" W, 58.23 feet to a point, and
8-52 38. S 6235'42" W, 146.72 feet to the POINT OF BEGINNING
8-53 containing 7.50 acres of land more or less.
8-54 TRACT B
8-55 COMMENCING for reference at a point on the north R.O.W. line of
8-56 said Barton Creek Boulevard being the northeast corner of said The
8-57 Estates of Barton Creek Section Two and being the northwest corner
8-58 of said The Estates of Barton Creek Section Two-A;
8-59 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
8-60 S 8112'08" W, 997.99 feet to a point and departing the said north
8-61 R.O.W. line in a perpendicular direction N 0847'52" W, 592.77 feet
8-62 to the POINT OF BEGINNING of the herein described 3.51 acre tract;
8-63 THENCE along the perimeter of the said 3.51 acre tract in a
8-64 clockwise direction the following twenty (20) courses:
8-65 1. N 5147'58" W, 108.64 feet to a point,
8-66 2. N 1921'57" W, 84.55 feet to a point,
8-67 3. N 1438'00" E, 645.67 feet to a non-tangent point of
8-68 curvature,
8-69 4. a distance of 93.77 feet along the arc of a curve to the left
8-70 whose radius is 305.00 feet, central angle is 1736'51" and
9-1 whose chord bears N 0131'14" E, 93.40 feet to a point,
9-2 5. N 8242'49" E, 140.05 feet to a point,
9-3 6. S 7913'21" E, 148.22 feet to a point,
9-4 7. S 0226'13" W, 134.15 feet to a point,
9-5 8. S 1724'24" W, 136.48 feet to a point,
9-6 9. S 7858'23" W, 40.90 feet to a point,
9-7 10. N 7934'54" W, 68.35 feet to a point,
9-8 11. N 6427'10" W, 107.77 feet to a point,
9-9 12. S 1226'21" W, 41.26 feet to a point,
9-10 13. S 0505'42" W, 180.24 feet to a point,
9-11 14. S 1626'09" W, 63.10 feet to a point,
9-12 15. S 2549'20" W, 66.44 feet to a point,
9-13 16. S 1559'31" E, 36.80 feet to a point,
9-14 17. S 3621'33" E, 137.82 feet to a point,
9-15 18. S 0357'22" E, 68.35 feet to a point,
9-16 19. S 2145'38" W, 84.09 feet to a point,
9-17 20. S 8329'24" W, 79.80 feet to the POINT OF BEGINNING
9-18 containing 3.51 acres of land more or less.
9-19 TRACT C
9-20 BEGINNING at the northeast corner of St. Micheal's Academy, a
9-21 subdivision whose plat is recorded in Book 84, Pages 187C through
9-22 188A of the Plat Records of Travis County;
9-23 THENCE along the north line of the said St. Michael's Academy S
9-24 8540'50" W, 771.47 feet to a point for the southwest corner of the
9-25 herein described tract;
9-26 THENCE, departing the north line of the said St. Michael's Academy
9-27 the following eight (8) courses:
9-28 1. N 0446'04" W, 240.85 feet to a point,
9-29 2. N 5532'23" E, 117.21 feet to a point,
9-30 3. N 1040'16" W, 135.36 feet to a point,
9-31 4. N 8140'00" E, 9.41 feet to a point of curvature,
9-32 5. a distance of 15.66 feet along the arc of a curve to the left
9-33 whose radius is 405.00 feet, central angle is 0212'56" and
9-34 whose chord bears N 8033'32" E, 15.66 feet to a non-tangent
9-35 point,
9-36 6. S 1035'24" E, 123.56 feet to a point,
9-37 7. S 7629'40" E, 708.19 feet to a point, and
9-38 8. a distance of 100.21 feet along the arc of a curve to the
9-39 left whose radius is 506.86 feet, central angle is 1119'38"
9-40 and whose chord bears S 1033'53" W, 100.04 feet to the POINT
9-41 OF BEGINNING containing 4.01 acres of land more or less.
9-42 TRACT D
9-43 COMMENCING for reference at a point on the north R.O.W. line of
9-44 said Barton Creek Boulevard being the northeast corner of said The
9-45 Estates of Barton Creek Section Two and being the northwest corner
9-46 of said The Estates of Barton Creek Section Two-A;
9-47 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
9-48 S 8112'08" W, 588.67 feet to a point and departing the said north
9-49 R.O.W. line in a perpendicular direction N 0847'52" W, 1963.65
9-50 feet to the POINT OF BEGINNING of the herein described 0.65 acre
9-51 tract;
9-52 THENCE along the perimeter of the said 0.65 acre tract in a
9-53 clockwise direction the following six (6) courses:
9-54 1. N 5915'18" E, 200.00 feet to a point,
9-55 2. S 0915'03" E, 50.00 feet to a point,
9-56 3. S 1605'03" E, 106.00 feet to a point,
9-57 4. S 6843'36" W, 179.00 feet to a point,
9-58 5. N 5807'56" W, 73.10 feet to a point, and
9-59 6. N 1434'57" E, 77.81 feet to the POINT OF BEGINNING
9-60 containing 0.65 acres of land more or less.
9-61 TRACT E
9-62 COMMENCING for reference at a point on the north R.O.W. line of
9-63 said Barton Creek Boulevard being the northeast corner of said The
9-64 Estates of Barton Creek Section Two and being the northwest corner
9-65 of said The Estates of Barton Creek Section Two-A;
9-66 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
9-67 S 8112'08" W, 101.30 feet to a point and departing the said north
9-68 R.O.W. line in a perpendicular direction N 0847'52" W, 2160.04
9-69 feet to the POINT OF BEGINNING of the herein described 4.87 acre
9-70 tract;
10-1 THENCE along the perimeter of the said 4.87 acre tract in a
10-2 clockwise direction the following twenty-two (22) courses:
10-3 1. N 5915'18" E, 230.00 feet to a point,
10-4 2. N 8619'46" E, 104.97 feet to a point,
10-5 3. N 5344'52" E, 97.03 feet to a point,
10-6 4. N 3412'16" E, 84.94 feet to a point,
10-7 5. N 2928'35" E, 86.10 feet to a point,
10-8 6. N 2424'20" E, 144.76 feet to a point,
10-9 7. N 3558'16" E, 59.93 feet to a point,
10-10 8. N 6220'46" E, 173.95 feet to a point,
10-11 9. S 4414'50" E, 79.45 feet to a point of curvature,
10-12 10. a distance of 218.39 feet along the arc of a curve to the
10-13 right whose radius is 200.00 feet, central angle is
10-14 6233'47", and whose chord bears S 1257'57" E, 207.70 feet
10-15 to the point of tangency,
10-16 11. S 1818'57" W, 72.26 feet to a point,
10-17 12. N 7147'36" W, 84.69 feet to a point,
10-18 13. S 4224'31" W, 98.37 feet to a point,
10-19 14. S 3934'28" W, 76.13 feet to a point,
10-20 15. S 6949'24" W, 179.27 feet to a point,
10-21 16. S 3804'05" W, 129.35 feet to a point,
10-22 17. S 6931'00" W, 42.14 feet to a point,
10-23 18. S 1730'04" W, 120.07 feet to a point,
10-24 19. S 6830'16" W, 106.56 feet to a point,
10-25 20. S 7811'42" W, 146.49 feet to a point,
10-26 21. N 2237'18" W, 58.00 feet to a point, and
10-27 22. N 0546'03" W, 154.00 feet to the POINT OF BEGINNING
10-28 containing 4.87 acres of land more or less.
10-29 TRACT F
10-30 COMMENCING for reference at a point on the north R.O.W. line of
10-31 said Barton Creek Boulevard being the northeast corner of said The
10-32 Estates of Barton Creek Section Two and being the northwest corner
10-33 of said The Estates of Barton Creek Section Two-A;
10-34 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
10-35 N 8112'08" E, 754.26 feet to a point and departing the said north
10-36 R.O.W. line in a perpendicular direction N 0847'52" W, 1716.67
10-37 feet to the POINT OF BEGINNING of the herein described 3.33 acre
10-38 tract;
10-39 THENCE along the perimeter of the said 3.33 acre tract in a
10-40 clockwise direction the following thirteen (13) courses:
10-41 1. N 1946'14" W, 185.60 feet to a point,
10-42 2. N 1239'19" E, 185.51 feet to a point,
10-43 3. N 2745'26" E, 90.72 feet to a point,
10-44 4. N 1848'19" E, 149.68 feet to a point,
10-45 5. N 1118'48" E, 92.62 feet to a point,
10-46 6. N 8631'32" W, 119.08 feet to a non-tangent point of
10-47 curvature,
10-48 7. a distance of 33.02 feet along the arc of a curve to the left
10-49 whose radius is 250.00 feet, central angle is 0734'07" and
10-50 whose chord bears N 0131'08" E, 33.00 feet to a point,
10-51 8. N 8909'54" E, 141.96 feet to a point,
10-52 9. N 8850'23" E, 89.88 feet to a point,
10-53 10. S 0049'44" W, 408.70 feet to a point,
10-54 11. S 1510'23" E, 182.56 feet to a point,
10-55 12. S 2756'21" W, 132.27 feet to a point, and
10-56 13. S 8633'33" W, 180.58 feet to the POINT OF BEGINNING
10-57 containing 3.33 acres of land more or less.
10-58 TRACT G
10-59 COMMENCING for reference at a point on the north R.O.W. line of
10-60 said Barton Creek Boulevard being the northeast corner of said The
10-61 Estates of Barton Creek Section Two and being the northwest corner
10-62 of said The Estates of Barton Creek Section Two-A;
10-63 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
10-64 S 8112'08" W, 73.28 feet to a point and departing the said north
10-65 R.O.W. line in a perpendicular direction N 0847'52" W, 1110.58
10-66 feet to the POINT OF BEGINNING of the herein described 3.60 acre
10-67 tract;
10-68 THENCE along the perimeter of the said 3.60 acre tract in a
10-69 clockwise direction the following thirteen (13) courses:
10-70 1. S 8251'29" W, 222.08 feet to a point,
11-1 2. N 1956'25" E, 84.48 feet to a point,
11-2 3. N 0407'00" W, 93.27 feet to a point,
11-3 4. N 0220'36" W, 42.90 feet to a point,
11-4 5. N 0543'29" E, 105.50 feet to a point,
11-5 6. N 2651'13" E, 97.07 feet to a point,
11-6 7. N 7925'42" E, 189.12 feet to a point,
11-7 8. N 5637'30" E, 410.93 feet to a point,
11-8 9. S 3630'48" E, 84.48 feet to a point,
11-9 10. S 5316'31" W, 119.92 feet to a point,
11-10 11. S 4806'24" W, 68.94 feet to a point,
11-11 12. S 3553'27" W, 397.24 feet to a point, and
11-12 13. S 2156'19" W, 142.91 feet to the POINT OF BEGINNING
11-13 containing 3.60 acres of land more or less.
11-14 SECTION 1.04. FINDINGS RELATING TO BOUNDARIES. The
11-15 legislature finds that the boundaries and field notes of the
11-16 district form a closure. A mistake in the field notes or in
11-17 copying the field notes in the legislative process does not affect
11-18 the organization, existence, or validity of the district, the right
11-19 of the district to levy and collect taxes, or the legality or
11-20 operation of the district or its governing body.
11-21 SECTION 1.05. FINDING OF BENEFIT. All of the land and other
11-22 property included within the boundaries of the district will be
11-23 benefited by the works and projects that are to be accomplished by
11-24 the district under the powers conferred by Section 59, Article XVI,
11-25 Texas Constitution. The district is created to serve a public use
11-26 and benefit.
11-27 SECTION 1.06. POWERS. (a) The district has all of the
11-28 rights, powers, privileges, authority, functions, and duties
11-29 provided by the general law of this state, including Chapters 50
11-30 and 54, Water Code, applicable to municipal utility districts
11-31 created under Section 59, Article XVI, Texas Constitution. This
11-32 article prevails over any provision of general law that is in
11-33 conflict or inconsistent with this article.
11-34 (b) The rights, powers, privileges, authority, functions,
11-35 and duties of the district are subject to the continuing right of
11-36 supervision of the state to be exercised by and through the
11-37 commission.
11-38 SECTION 1.07. BOARD OF DIRECTORS. (a) The district is
11-39 governed by a board of five directors.
11-40 (b) Temporary directors serve until initial permanent
11-41 directors are elected under Section 1.09 of this article.
11-42 (c) Initial permanent directors serve until permanent
11-43 directors are elected under Section 1.10 of this article.
11-44 (d) Permanent directors other than initial permanent
11-45 directors serve staggered four-year terms.
11-46 (e) Each director must qualify to serve as director in the
11-47 manner provided by Section 54.025 or 54.116, Water Code, as
11-48 appropriate.
11-49 (f) A director serves until the director's successor has
11-50 qualified.
11-51 SECTION 1.08. TEMPORARY DIRECTORS. (a) The temporary board
11-52 of directors is composed of:
11-53 (1) W. Scott Norman, Jr.
11-54 (2) Clay Morgan
11-55 (3) Doug Fike
11-56 (4) Marshall Kuykendall, Jr.
11-57 (5) Bill Wendlendt
11-58 (b) If a temporary director fails to qualify for office, the
11-59 temporary directors who have qualified shall appoint a person to
11-60 fill the vacancy. If at any time there are fewer than three
11-61 qualified temporary directors, the commission shall appoint the
11-62 necessary number of persons to fill all vacancies on the board.
11-63 SECTION 1.09. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
11-64 (a) The temporary board of directors shall call and hold an
11-65 election to confirm establishment of the district and to elect five
11-66 initial directors as provided by Chapter 54, Water Code.
11-67 (b) Subsection (a), Section 41.001, Election Code, does not
11-68 apply to a confirmation election held as provided by this section.
11-69 SECTION 1.10. ELECTION OF DIRECTORS. On the first Saturday
11-70 in May of the fourth year after the year in which the confirmation
12-1 election is held, an election shall be held in the district for the
12-2 election of two directors who shall each serve two-year terms and
12-3 three directors who shall serve four-year terms. Thereafter, on
12-4 the same date in each subsequent second year, the appropriate
12-5 number of directors shall be elected to the board.
12-6 SECTION 1.11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
12-7 No municipality in whose extraterritorial jurisdiction the district
12-8 is located shall pass any ordinances or resolutions or otherwise
12-9 take any actions which impair the ability of the district to
12-10 exercise its powers under this article or which would limit the
12-11 ability of the district to finance, construct, or operate its
12-12 water, wastewater, or drainage systems.
12-13 SECTION 1.12. ANNEXATION. The district may not be annexed
12-14 by a municipality in whose extraterritorial jurisdiction the
12-15 district lies without an affirmative vote of a majority of the
12-16 qualified voting electors at an election held by the district to
12-17 consider a proposition for or against such annexation.
12-18 SECTION 1.13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
12-19 INSTALLATION OF FACILITIES. If a municipality in whose
12-20 extraterritorial jurisdiction the district is located annexes the
12-21 district for full or limited purposes and the annexation precludes
12-22 or impairs the ability of the district to issue bonds, the
12-23 municipality shall, simultaneously with the annexation, pay in cash
12-24 to the landowner or developer of the district a sum equal to all
12-25 actual costs and expenses incurred by the landowner or developer in
12-26 connection with the district that the district has, in writing,
12-27 agreed to pay and that would otherwise have been eligible for
12-28 reimbursement from bond proceeds under the rules and requirements
12-29 of the commission as such rules and requirements exist on the date
12-30 of annexation. The municipality shall further be required to
12-31 install after annexation all necessary water, wastewater, and
12-32 drainage facilities to serve full buildout of development within
12-33 the district.
12-34 ARTICLE 2. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION,
12-35 AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 4.
12-36 SECTION 2.01. CREATION. (a) A conservation and reclamation
12-37 district, to be known as Travis County Municipal Utility District
12-38 No. 4, is created in Travis County, subject to approval at a
12-39 confirmation election under Section 2.09 of this article. The
12-40 district is a governmental agency and a body politic and corporate.
12-41 (b) The district is created under and is essential to
12-42 accomplish the purposes of Section 59, Article XVI, Texas
12-43 Constitution.
12-44 SECTION 2.02. DEFINITIONS. In this article:
12-45 (1) "Commission" means the Texas Natural Resource
12-46 Conservation Commission.
12-47 (2) "District" means Travis County Municipal Utility
12-48 District No. 4.
12-49 SECTION 2.03. BOUNDARIES. The district includes the
12-50 territory contained within the following area:
12-51 A DESCRIPTION, PREPARED IN THE OFFICE FROM INFORMATION OBTAINED
12-52 THROUGH PUBLIC RECORDS OF 519.01 ACRES OF LAND SITUATED IN THE
12-53 JAMES M. TRIBBLE SURVEY NO. 418, THE DRURY H. MINOR SURVEY NO. 416,
12-54 THE ISAAC PERKINS SURVEY NO. 38, THE ISAAC PERKINS SURVEY NO. 37,
12-55 THE H. BOND SURVEY NO. 54, THE PATTERSON MOORE SURVEY NO. 84, THE
12-56 JOHN L. BRAY SURVEY NO. 72, AND THE A. EANES SURVEY NO. 509, TRAVIS
12-57 COUNTY, TEXAS, BEING ALL OF THAT CERTAIN 100.087 ACRE TRACT OF LAND
12-58 CONVEYED TO BARTON CREEK PROPERTIES INC. BY WARRANTY DEED RECORDED
12-59 IN VOLUME 10763, PAGE 0151 OF THE REAL PROPERTY RECORDS OF TRAVIS
12-60 COUNTY, TEXAS, AND ALL OF THAT CERTAIN 200.388 ACRES OF LAND
12-61 CONVEYED TO BARTON CREEK PROPERTIES INC. BY GENERAL WARRANTY DEED
12-62 RECORDED IN VOLUME 11604, PAGE 175 OF THE SAID REAL PROPERTY
12-63 RECORDS AND BEING ALL OF THAT CERTAIN 38.311 ACRE TRACT OF LAND,
12-64 DESIGNATED AS TRACT TWO AND A PORTION OF THAT CERTAIN 30.997 ACRE
12-65 TRACT OF LAND, DESIGNATED AS TRACT ONE, CONVEYED TO BARTON CREEK
12-66 PROPERTIES INC. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME 10769,
12-67 PAGE 1255 OF THE SAID REAL PROPERTY RECORDS, ALSO BEING A PORTION
12-68 OF THAT CERTAIN 992.199 ACRE TRACT OF LAND CONVEYED TO BARTON CREEK
12-69 PROPERTIES INC. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME 10762,
12-70 PAGE 517 OF THE SAID REAL PROPERTY RECORDS, SAID 519.01 ACRES OF
13-1 LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
13-2 FOLLOWS:
13-3 BEGINNING at a point on the south right-of-way (R.O.W.) line of
13-4 Barton Creek Boulevard, an eighty (80) foot wide R.O.W., said point
13-5 being the most westerly northwest corner of that certain 45.107
13-6 acre tract of land described in a general warranty deed to Barton
13-7 Creek Properties Inc. recorded in Volume 11604, Page 175 of the
13-8 said Real Property Records;
13-9 THENCE along the westerly lines of the said 45.107 acre tract and
13-10 the said south R.O.W. line of Barton Creek Boulevard the following
13-11 fifteen (15) courses:
13-12 1. N 8112'08" E, 155.12 feet to a point,
13-13 2. departing the said south R.O.W. line continuing along the
13-14 westerly lines of the said 45.107 acre tract S 3209'13" E,
13-15 633.79 feet to a point,
13-16 3. S 6822'37" E, 208.69 feet to a point,
13-17 4. S 5013'51" E, 241.99 feet to a point,
13-18 5. S 6902'34" E, 81.92 feet to a point,
13-19 6. N 8147'21" E, 120.43 feet to a point,
13-20 7. N 1930'00" W, 280.70 feet to a point,
13-21 8. N 4706'43" E, 454.77 feet to a point,
13-22 9. N 7735'55" E, 341.77 feet to a point,
13-23 10. N 7930'41" E, 212.04 feet to a point,
13-24 11. N 0231'08" E, 152.45 feet to a point,
13-25 12. N 4918'40" W, 340.52 feet to a point,
13-26 13. N 4954'10" W, 321.85 feet to a point,
13-27 14. N 6611'15" W, 189.97 feet to a point, and
13-28 15. N 0415'45" E, 80.72 feet to a point on the south R.O.W. line
13-29 of Barton Creek Club Barton Club Drive Street Dedication
13-30 whose plat is recorded in Book 86, Pages 22D through 23A of
13-31 the Plat Records of Travis County, Texas;
13-32 THENCE, departing the westerly lines of the said 45.107 acre tract
13-33 along the south R.O.W. line of Barton Club Drive the following two
13-34 (2) courses:
13-35 1. S 8609'34" W, 139.34 feet to a point of curvature, and
13-36 2. a distance of 29.13 feet along the arc of a curve to the left
13-37 whose radius is 25.00 feet, central angle is 6645'32", and
13-38 whose chord bears S 5248'30" W, 27.51 feet to a point on the
13-39 curving east R.O.W. line of the said Barton Creek Boulevard;
13-40 THENCE, departing the south R.O.W. line of Barton Club Drive, along
13-41 the east R.O.W. line of the said Barton Creek Boulevard, the
13-42 following three (3) courses:
13-43 1. a distance of 331.06 feet along the arc of a curve to the
13-44 left whose radius is 540.00 feet, central angle is 3507'35",
13-45 and whose chord bears N 0151'58" E, 325.90 feet to the point
13-46 of tangency,
13-47 2. N 1541'50" W, 293.79 feet to a point of curvature, and
13-48 3. a distance of 82.25 feet along the arc of a curve to the
13-49 right whose radius is 460.00 feet, central angle is
13-50 1014'40", and whose chord bears N 1034'30" W, 82.14 feet to
13-51 the northwest corner of that certain 13.044 acre tract of
13-52 land conveyed to Barton Creek Properties Inc. by general
13-53 warranty deed recorded in Volume 11604, Page 175 of the said
13-54 Real Property Records;
13-55 THENCE, departing the said east R.O.W. line of Barton Creek
13-56 Boulevard along the north lines of the said 13.044 acre tract, the
13-57 following six (6) courses:
13-58 1. N 4305'34" E, 468.80 feet to a point,
13-59 2. N 1200'03" E, 246.77 feet to a point,
13-60 3. N 5520'24" E, 142.13 feet to a point,
13-61 4. S 7936'17" E, 463.00 feet to a point,
13-62 5. S 0132'59" W, 256.06 feet to a point, and
13-63 6. S 4340'54" E, 190.92 feet to a point on the north line of
13-64 The Second Replat of Barton Creek Club, a subdivision whose
13-65 plat is recorded in Book 89, Pages 168 through 171 of the
13-66 said Plat Records;
13-67 THENCE, departing the north lines of the said 13.044 acre tract
13-68 along the north line of the said Barton Creek Club, the following
13-69 six (6) courses:
13-70 1. N 4657'01" E, 54.20 feet to a point,
14-1 2. S 6440'59" E, 214.00 feet to a point,
14-2 3. S 4735'59" E, 329.18 feet to a point,
14-3 4. N 8641'31" E, 115.73 feet to a point,
14-4 5. N 7230'24" E, 425.99 feet to a point, and
14-5 6. S 1102'56" W, 254.74 feet to a point for an easterly corner
14-6 of that certain 45.141 acre tract described in a general
14-7 warranty deed to Barton Creek Properties Inc. recorded in
14-8 Volume 11064, Page 175 of the said Real Property Records;
14-9 THENCE, departing the north lines of the said Barton Creek Club
14-10 along the west and north lines of the said 45.141 acre tract, the
14-11 following sixteen (16) courses:
14-12 1. N 5123'20" E, 84.73 feet to a point,
14-13 2. N 2011'54" E, 249.89 feet to a point,
14-14 3. S 8240'42" W, 301.03 feet to a point,
14-15 4. N 3926'48" W, 65.40 feet to a point,
14-16 5. N 5942'08" E, 206.12 feet to a point,
14-17 6. N 1140'24" E, 156.85 feet to a point,
14-18 7. N 1957'53" E, 369.50 feet to a point,
14-19 8. N 2505'34" W, 151.78 feet to a point,
14-20 9. N 0419'26" W, 538.16 feet to a point,
14-21 10. N 0519'27" E, 264.65 feet to a point of curvature,
14-22 11. a distance of 320.20 feet along the arc of a curve to the
14-23 right whose radius is 460.00 feet, central angle is
14-24 3952'58", and whose chord bears S 5954'01" E, 313.77 feet
14-25 to the point of tangency,
14-26 12. S 3957'32" E, 183.09 feet to a point of curvature,
14-27 13. a distance of 239.03 feet along the arc of a curve to the
14-28 left whose radius is 540.29 feet, central angle is 2520'53",
14-29 and whose chord bears S 5237'58" E, 237.09 feet to a
14-30 non-tangent point,
14-31 14. S 3341'10" W, 31.97 feet to a non-tangent point of
14-32 curvature,
14-33 15. S 2804'19" E, 576.10 feet to a point, and
14-34 16. S 3608'45" E, 627.13 feet to a point in an east line of the
14-35 said 992.199 acre tract;
14-36 THENCE, departing the north lines of the said 45.411 acre tract
14-37 along the easterly lines of the said 992.199 acre tract the
14-38 following twelve (12) courses:
14-39 1. S 2633'24" W, 32.87 feet to a point,
14-40 2. S 2837'39" W, 497.06 feet to a point,
14-41 3. S 2748'50" W, 97.90 feet to a point,
14-42 4. S 2907'00" W, 378.12 feet to a point,
14-43 5. S 2938'03" W, 69.48 feet to a point,
14-44 6. S 2827'03" W, 239.88 feet to a point,
14-45 7. S 8644'29" E, 1,284.61 feet to a point,
14-46 8. S 3451'24" E, 1,156.19 feet to a point,
14-47 9. S 5013'07" W, 299.96 feet to a point,
14-48 10. S 5522'07" W, 758.11 feet to a point,
14-49 11. S 3859'07" W, 570.11 feet to a point, and
14-50 12. S 2345'07" W, 325.17 feet to the most easterly southeast
14-51 corner of the said 992.199 acre tract in the north line of
14-52 the said Barton Creek Properties Inc. 100.087 acre tract;
14-53 THENCE along the north, east, and south lines of the said 100.087
14-54 acre tract the following eleven (11) courses:
14-55 1. S 2144'42" W, 102.98 feet to a point,
14-56 2. S 0214'03" E, 490.97 feet to a point,
14-57 3. S 6020'03" E, 200.50 feet to a point,
14-58 4. S 3138'03" E, 378.64 feet to a point,
14-59 5. S 4504'03" E, 250.09 feet to a point,
14-60 6. S 6130'03" E, 741.87 feet to a point,
14-61 7. S 1308'03" E, 518.29 feet to a point,
14-62 8. S 2902'10" W, 305.89 feet to a point,
14-63 9. N 8141'03" W, 743.04 feet to a point,
14-64 10. S 8922'57" W, 740.04 feet to a point, and
14-65 11. N 3022'03" W, 107.72 feet to the northeast corner of the
14-66 said 38.311 acre tract;
14-67 THENCE along the south and west lines of the said 38.311 acre tract
14-68 the following sixteen (16) courses:
14-69 1. S 6227'55" W, 169.30 feet to a point,
14-70 2. N 4032'19" W, 347.64 feet to a point,
15-1 3. N 6437'21" W, 142.17 feet to a point,
15-2 4. N 8456'53" W, 268.49 feet to a point in the northeast line
15-3 of The Foothills of Barton Creek, a subdivision whose plat is
15-4 recorded in Book 85, Pages 74D through 75C of the said Plat
15-5 Records,
15-6 5. along the north lines of the said The Foothills of Barton
15-7 Creek, continuing along the south line of the said 38.311
15-8 acre tract S 6856'35" W, 54.85 feet to a point,
15-9 6. S 6931'02" W, 408.13 feet to a point,
15-10 7. S 7321'40" W, 348.16 feet to a point,
15-11 8. S 8432'40" W, 276.16 feet to a point,
15-12 9. S 7921'40" W, 302.77 feet to a point,
15-13 10. N 8404'20" W, 272.32 feet to a point,
15-14 11. N 7016'20" W, 88.86 feet to a point,
15-15 12. S 7848'40" W, 81.82 feet to a point,
15-16 13. S 8527'40" W, 172.98 feet to a point,
15-17 14. N 8847'20" W, 48.24 feet to a point,
15-18 15. S 5621'40" W, 80.05 feet to a point, and
15-19 16. S 8148'40" W, 152.04 feet to a point on the east line of The
15-20 Estates Above Lost Creek, a subdivision whose plat is
15-21 recorded in Book 81, Pages 286 through 294 of the said Plat
15-22 Records;
15-23 THENCE, departing the north line of said The Foothills of Barton
15-24 Creek along the east line of said The Estates Above Lost Creek the
15-25 following six (6) courses:
15-26 1. N 3205'57" W, 65.61 feet to a point,
15-27 2. N 2821'51" E, 634.36 feet to a point,
15-28 3. N 0242'23" E, 92.91 feet to a point,
15-29 4. N 2803'03" E, 52.52 feet to a point,
15-30 5. N 3856'19" E, 37.87 feet to a point, and
15-31 6. N 5157'00" E, 37.52 feet to a point;
15-32 THENCE, departing the east line of said The Estates Above Lost
15-33 Creek and the west line of the said 38.311 acre tract, crossing the
15-34 said 30.997 acre tract N 4921'11" E, 848.83 feet to a point in the
15-35 west line of the Ben Crenshaw Golf Course, a subdivision, whose
15-36 plat is recorded in Book 88, Pages 310 through 312 of the said Plat
15-37 Records;
15-38 THENCE along the west lines of said Ben Crenshaw Golf Course the
15-39 following six (6) courses:
15-40 1. N 1954'01" W, 82.85 feet to a point,
15-41 2. N 0102'59" E, 382.06 feet to a point,
15-42 3. N 3344'58" E, 856.79 feet to a point,
15-43 4. N 0219'32" W, 394.32 feet to a point,
15-44 5. N 2630'40" E, 665.81 feet to a point, and
15-45 6. N 0628'34" E, 186.19 feet to a point to a point in a
15-46 southerly line of said 45.107 acre tract;
15-47 THENCE, departing the west line of the said Ben Crenshaw Golf
15-48 Course, along the southerly lines of said 45.107 acre tract the
15-49 following twelve (12) courses:
15-50 1. S 7343'57" W, 280.95 feet to a point,
15-51 2. N 5737'12" W, 149.20 feet to a point,
15-52 3. S 6903'49" W, 370.24 feet to a point,
15-53 4. S 7222'24" W, 508.89 feet to a point,
15-54 5. S 4746'42" E, 423.06 feet to a point,
15-55 6. S 2900'09" W, 202.95 feet to a point,
15-56 7. N 6838'09" W, 141.10 feet to a point,
15-57 8. N 8350'22" W, 126.73 feet to a point,
15-58 9. N 3213'32" W, 234.41 feet to a point,
15-59 10. N 7252'46" W, 923.63 feet to a point,
15-60 11. N 2521'45" W, 285.52 feet to a point, and
15-61 12. N 1855'37" W, 560.46 feet to the POINT OF BEGINNING
15-62 containing 437.63 acres of land more or less TOGETHER WITH
15-63 53.91 acres of land, being an 8.081 acre tract of land, a
15-64 20.029 acre tract of land, a 17.516 acre tract of land, and
15-65 an 8.284 acre tract and being more particularly described in
15-66 a general warranty deed to Barton Creek Properties Inc.
15-67 recorded in Volume 11604, Page 175 of the said Real Property
15-68 Records, and TOGETHER WITH 27.47 acres of land more or less
15-69 for a total area herein described of 519.01 acres, said 27.47
15-70 acres being seven (7) tracts of land designated as Tracts A,
16-1 B, C, D, E, F and G containing 7.50 acres, 3.51 acres, 4.01
16-2 acres, 0.65 acres, 4.87 acres, 3.33 acres and 3.60 acres of
16-3 land respectively and being more particularly described by
16-4 metes and bounds as follows:
16-5 TRACT A
16-6 COMMENCING for reference at a point on the north R.O.W. line of
16-7 said Barton Creek Boulevard, being the northeast corner of The
16-8 Estates of Barton Creek Section Two, a subdivision whose plat is
16-9 recorded in Book 85, Pages 118B through 119A of the said Plat
16-10 Records;
16-11 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
16-12 S 8112'08" W, 1250.04 feet to a point and departing the said north
16-13 R.O.W. line in a perpendicular direction crossing the said 992.199
16-14 acres N 0847'52" W, 1271.52 feet to the POINT OF BEGINNING of the
16-15 herein described 7.50 acre tract;
16-16 THENCE, continuing to cross the said 992.199 acres along the
16-17 perimeter of the said 7.50 acre tract in a clockwise direction the
16-18 following thirty-eight (38) courses:
16-19 1. N 3041'58" W, 67.67 feet to a point,
16-20 2. N 5553'23" W, 139.91 feet to a point,
16-21 3. N 5931'30" W, 247.65 feet to a point,
16-22 4. N 7422'36" W, 138.54 feet to a point,
16-23 5. S 5958'15" W, 135.30 feet to a point,
16-24 6. S 5954'25" W, 446.39 feet to a point,
16-25 7. S 1630'25" E, 112.82 feet to a non-tangent point of
16-26 curvature,
16-27 8. a distance of 33.16 feet along the arc of a curve to the
16-28 right whose radius is 345.00 feet, central angle is 0530'26"
16-29 and whose chord bears S 7854'47" W, 33.15 feet to a
16-30 non-tangent point,
16-31 9. N 1630'25" W, 151.05 feet to a point,
16-32 10. N 0205'36" E, 47.91 feet to a point,
16-33 11. N 2322'28" E, 47.89 feet to a point,
16-34 12. N 3703'23" E, 416.69 feet to a point,
16-35 13. N 3756'40" E, 63.67 feet to a point,
16-36 14. N 5231'47" E, 50.40 feet to a point,
16-37 15. N 7116'13" E, 50.42 feet to a point,
16-38 16. S 8957'57" E, 50.50 feet to a point,
16-39 17. S 7128'25" E, 49.57 feet to a point,
16-40 18. S 6053'36" E, 73.82 feet to a point,
16-41 19. S 6042'59" E, 69.78 feet to a point,
16-42 20. S 6200'49" E, 73.56 feet to a point,
16-43 21. S 6631'28" E, 75.01 feet to a point,
16-44 22. S 7140'40" E, 75.46 feet to a point,
16-45 23. S 7639'35" E, 75.28 feet to a point,
16-46 24. S 8140'07" E, 75.29 feet to a point,
16-47 25. S 8641'17" E, 75.13 feet to a point,
16-48 26. N 8943'39" E, 71.50 feet to a point,
16-49 27. S 8933'24" E, 60.75 feet to a point,
16-50 28. N 0823'51" E, 120.04 feet to a point,
16-51 29. S 8132'02" E, 24.59 feet to a point,
16-52 30. S 0807'44" W, 119.95 feet to a point,
16-53 31. S 4620'07" E, 31.26 feet to a point,
16-54 32. S 2711'00" E, 42.68 feet to a point,
16-55 33. S 1601'31" E, 67.92 feet to a point,
16-56 34. S 0319'59" E, 47.30 feet to a point,
16-57 35. S 1829'47" W, 47.28 feet to a point,
16-58 36. S 4028'45" W, 47.37 feet to a point,
16-59 37. S 6007'59" W, 58.23 feet to a point, and
16-60 38. S 6235'42" W, 146.72 feet to the POINT OF BEGINNING
16-61 containing 7.50 acres of land more or less.
16-62 TRACT B
16-63 COMMENCING for reference at a point on the north R.O.W. line of
16-64 said Barton Creek Boulevard being the northeast corner of said The
16-65 Estates of Barton Creek Section Two and being the northwest corner
16-66 of said The Estates of Barton Creek Section Two-A;
16-67 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
16-68 S 8112'08" W, 997.99 feet to a point and departing the said north
16-69 R.O.W. line in a perpendicular direction N 0847'52" W, 592.77 feet
16-70 to the POINT OF BEGINNING of the herein described 3.51 acre tract;
17-1 THENCE along the perimeter of the said 3.51 acre tract in a
17-2 clockwise direction the following twenty (20) courses:
17-3 1. N 5147'58" W, 108.64 feet to a point,
17-4 2. N 1921'57" W, 84.55 feet to a point,
17-5 3. N 1438'00" E, 645.67 feet to a non-tangent point of
17-6 curvature,
17-7 4. a distance of 93.77 feet along the arc of a curve to the left
17-8 whose radius is 305.00 feet, central angle is 1736'51" and
17-9 whose chord bears N 0131'14" E, 93.40 feet to a point,
17-10 5. N 8242'49" E, 140.05 feet to a point,
17-11 6. S 7913'21" E, 148.22 feet to a point,
17-12 7. S 0226'13" W, 134.15 feet to a point,
17-13 8. S 1724'24" W, 136.48 feet to a point,
17-14 9. S 7858'23" W, 40.90 feet to a point,
17-15 10. N 7934'54" W, 68.35 feet to a point,
17-16 11. N 6427'10" W, 107.77 feet to a point,
17-17 12. S 1226'21" W, 41.26 feet to a point,
17-18 13. S 0505'42" W, 180.24 feet to a point,
17-19 14. S 1626'09" W, 63.10 feet to a point,
17-20 15. S 2549'20" W, 66.44 feet to a point,
17-21 16. S 1559'31" E, 36.80 feet to a point,
17-22 17. S 3621'33" E, 137.82 feet to a point,
17-23 18. S 0357'22" E, 68.35 feet to a point,
17-24 19. S 2145'38" W, 84.09 feet to a point, and
17-25 20. S 8329'24" W, 79.80 feet to the POINT OF BEGINNING
17-26 containing 3.51 acres of land more or less.
17-27 TRACT C
17-28 BEGINNING at the northeast corner of St. Micheal's Academy, a
17-29 subdivision whose plat is recorded in Book 84, Pages 187C through
17-30 188A of the Plat Records of Travis County;
17-31 THENCE along the north line of the said St. Michael's Academy S
17-32 8540'50" W, 771.47 feet to a point for the southwest corner of the
17-33 herein described tract;
17-34 THENCE, departing the north line of the said St. Michael's Academy
17-35 the following eight (8) courses:
17-36 1. N 0446'04" W, 240.85 feet to a point,
17-37 2. N 5532'23" E, 117.21 feet to a point,
17-38 3. N 1040'16" W, 135.36 feet to a point,
17-39 4. N 8140'00" E, 9.41 feet to a point of curvature,
17-40 5. a distance of 15.66 feet along the arc of a curve to the left
17-41 whose radius is 405.00 feet, central angle is 0212'56" and
17-42 whose chord bears N 8033'32" E, 15.66 feet to a non-tangent
17-43 point,
17-44 6. S 1035'24" E, 123.56 feet to a point,
17-45 7. S 7629'40" E, 708.19 feet to a point, and
17-46 8. a distance of 100.21 feet along the arc of a curve to the
17-47 left whose radius is 506.86 feet, central angle is 1119'38"
17-48 and whose chord bears S 1033'53" W, 100.04 feet to the POINT
17-49 OF BEGINNING containing 4.01 acres of land more or less.
17-50 TRACT D
17-51 COMMENCING for reference at a point on the north R.O.W. line of
17-52 said Barton Creek Boulevard being the northeast corner of said The
17-53 Estates of Barton Creek Section Two and being the northwest corner
17-54 of said The Estates of Barton Creek Section Two-A;
17-55 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
17-56 S 8112'08" W, 588.67 feet to a point and departing the said north
17-57 R.O.W. line in a perpendicular direction N 0847'52" W, 1963.65
17-58 feet to the POINT OF BEGINNING of the herein described 0.65 acre
17-59 tract;
17-60 THENCE along the perimeter of the said 0.65 acre tract in a
17-61 clockwise direction the following six (6) courses:
17-62 1. N 5915'18" E, 200.00 feet to a point,
17-63 2. S 0915'03" E, 50.00 feet to a point,
17-64 3. S 1605'03" E, 106.00 feet to a point,
17-65 4. S 6843'36" W, 179.00 feet to a point,
17-66 5. N 5807'56" W, 73.10 feet to a point, and
17-67 6. N 1434'57" E, 77.81 feet to the POINT OF BEGINNING
17-68 containing 0.65 acres of land more or less.
17-69 TRACT E
17-70 COMMENCING for reference at a point on the north R.O.W. line of
18-1 said Barton Creek Boulevard being the northeast corner of said The
18-2 Estates of Barton Creek Section Two and being the northwest corner
18-3 of said The Estates of Barton Creek Section Two-A;
18-4 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
18-5 S 8112'08" W, 101.30 feet to a point and departing the said north
18-6 R.O.W. line in a perpendicular direction N 0847'52" W, 2160.04
18-7 feet to the POINT OF BEGINNING of the herein described 4.87 acre
18-8 tract;
18-9 THENCE along the perimeter of the said 4.87 acre tract in a
18-10 clockwise direction the following twenty-two (22) courses:
18-11 1. N 5915'18" E, 230.00 feet to a point,
18-12 2. N 8619'46" E, 104.97 feet to a point,
18-13 3. N 5344'52" E, 97.03 feet to a point,
18-14 4. N 3412'16" E, 84.94 feet to a point,
18-15 5. N 2928'35" E, 86.10 feet to a point,
18-16 6. N 2424'20" E, 144.76 feet to a point,
18-17 7. N 3558'16" E, 59.93 feet to a point,
18-18 8. N 6220'46" E, 173.95 feet to a point,
18-19 9. S 4414'50" E, 79.45 feet to a point of curvature,
18-20 10. a distance of 218.39 feet along the arc of a curve to the
18-21 right whose radius is 200.00 feet, central angle is
18-22 6233'47", and whose chord bears S 1257'57" E, 207.70 feet
18-23 to the point of tangency,
18-24 11. S 1818'57" W, 72.26 feet to a point,
18-25 12. N 7147'36" W, 84.69 feet to a point,
18-26 13. S 4224'31" W, 98.37 feet to a point,
18-27 14. S 3934'28" W, 76.13 feet to a point,
18-28 15. S 6949'24" W, 179.27 feet to a point,
18-29 16. S 3804'05" W, 129.35 feet to a point,
18-30 17. S 6931'00" W, 42.14 feet to a point,
18-31 18. S 1730'04" W, 120.07 feet to a point,
18-32 19. S 6830'16" W, 106.56 feet to a point,
18-33 20. S 7811'42" W, 146.49 feet to a point,
18-34 21. N 2237'18" W, 58.00 feet to a point, and
18-35 22. N 0546'03" W, 154.00 feet to the POINT OF BEGINNING
18-36 containing 4.87 acres of land more or less.
18-37 TRACT F
18-38 COMMENCING for reference at a point on the north R.O.W. line of
18-39 said Barton Creek Boulevard being the northeast corner of said The
18-40 Estates of Barton Creek Section Two and being the northwest corner
18-41 of said The Estates of Barton Creek Section Two-A;
18-42 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
18-43 N 8112'08" E, 754.26 feet to a point and departing the said north
18-44 R.O.W. line in a perpendicular direction N 0847'52" W, 1716.67
18-45 feet to the POINT OF BEGINNING of the herein described 3.33 acre
18-46 tract;
18-47 THENCE along the perimeter of the said 3.33 acre tract in a
18-48 clockwise direction the following thirteen (13) courses:
18-49 1. N 1946'14" W, 185.60 feet to a point,
18-50 2. N 1239'19" E, 185.51 feet to a point,
18-51 3. N 2745'26" E, 90.72 feet to a point,
18-52 4. N 1848'19" E, 149.68 feet to a point,
18-53 5. N 1118'48" E, 92.62 feet to a point,
18-54 6. N 8631'32" W, 119.08 feet to a non-tangent point of
18-55 curvature,
18-56 7. a distance of 33.02 feet along the arc of a curve to the left
18-57 whose radius is 250.00 feet, central angle is 0734'07" and
18-58 whose chord bears N 0131'08" E, 33.00 feet to a point,
18-59 8. N 8909'54" E, 141.96 feet to a point,
18-60 9. N 8850'23" E, 89.88 feet to a point,
18-61 10. S 0049'44" W, 408.70 feet to a point,
18-62 11. S 1510'23" E, 182.56 feet to a point,
18-63 12. S 2756'21" W, 132.27 feet to a point, and
18-64 13. S 8633'33" W, 180.58 feet to the POINT OF BEGINNING
18-65 containing 3.33 acres of land more or less.
18-66 TRACT G
18-67 COMMENCING for reference at a point on the north R.O.W. line of
18-68 said Barton Creek Boulevard being the northeast corner of said The
18-69 Estates of Barton Creek Section Two and being the northwest corner
18-70 of said The Estates of Barton Creek Section Two-A;
19-1 THENCE along the said north R.O.W. line of Barton Creek Boulevard,
19-2 S 8112'08" W, 73.28 feet to a point and departing the said north
19-3 R.O.W. line in a perpendicular direction N 0847'52" W, 1110.58
19-4 feet to the POINT OF BEGINNING of the herein described 3.60 acre
19-5 tract;
19-6 THENCE along the perimeter of the said 3.60 acre tract in a
19-7 clockwise direction the following thirteen (13) courses:
19-8 1. S 8251'29" W, 222.08 feet to a point,
19-9 2. N 1956'25" E, 84.48 feet to a point,
19-10 3. N 0407'00" W, 93.27 feet to a point,
19-11 4. N 0220'36" W, 42.90 feet to a point,
19-12 5. N 0543'29" E, 105.50 feet to a point,
19-13 6. N 2651'13" E, 97.07 feet to a point,
19-14 7. N 7925'42" E, 189.12 feet to a point,
19-15 8. N 5637'30" E, 410.93 feet to a point,
19-16 9. S 3630'48" E, 84.48 feet to a point,
19-17 10. S 5316'31" W, 119.92 feet to a point,
19-18 11. S 4806'24" W, 68.94 feet to a point,
19-19 12. S 3553'27" W, 397.24 feet to a point, and
19-20 13. S 2156'19" W, 142.91 feet to the POINT OF BEGINNING
19-21 containing 3.60 acres of land more or less.
19-22 SECTION 2.04. FINDINGS RELATING TO BOUNDARIES. The
19-23 legislature finds that the boundaries and field notes of the
19-24 district form a closure. A mistake in the field notes or in
19-25 copying the field notes in the legislative process does not affect
19-26 the organization, existence, or validity of the district, the right
19-27 of the district to levy and collect taxes, or the legality or
19-28 operation of the district or its governing body.
19-29 SECTION 2.05. FINDING OF BENEFIT. All of the land and other
19-30 property included within the boundaries of the district will be
19-31 benefited by the works and projects that are to be accomplished by
19-32 the district under the powers conferred by Section 59, Article XVI,
19-33 Texas Constitution. The district is created to serve a public use
19-34 and benefit.
19-35 SECTION 2.06. POWERS. (a) The district has all of the
19-36 rights, powers, privileges, authority, functions, and duties
19-37 provided by the general law of this state, including Chapters 50
19-38 and 54, Water Code, applicable to municipal utility districts
19-39 created under Section 59, Article XVI, Texas Constitution. This
19-40 article prevails over any provision of general law that is in
19-41 conflict or inconsistent with this article.
19-42 (b) The rights, powers, privileges, authority, functions,
19-43 and duties of the district are subject to the continuing right of
19-44 supervision of the state to be exercised by and through the
19-45 commission.
19-46 SECTION 2.07. BOARD OF DIRECTORS. (a) The district is
19-47 governed by a board of five directors.
19-48 (b) Temporary directors serve until initial permanent
19-49 directors are elected under Section 2.09 of this article.
19-50 (c) Initial permanent directors serve until permanent
19-51 directors are elected under Section 2.10 of this article.
19-52 (d) Permanent directors other than initial permanent
19-53 directors serve staggered four-year terms.
19-54 (e) Each director must qualify to serve as director in the
19-55 manner provided by Section 54.025 or 54.116, Water Code, as
19-56 appropriate.
19-57 (f) A director serves until the director's successor has
19-58 qualified.
19-59 SECTION 2.08. TEMPORARY DIRECTORS. (a) The temporary board
19-60 of directors is composed of:
19-61 (1) John Mitchell
19-62 (2) Rick Hardin
19-63 (3) Linda Holmes
19-64 (4) J. C. Currier
19-65 (5) Jill Bickford
19-66 (b) If a temporary director fails to qualify for office, the
19-67 temporary directors who have qualified shall appoint a person to
19-68 fill the vacancy. If at any time there are fewer than three
19-69 qualified temporary directors, the commission shall appoint the
19-70 necessary number of persons to fill all vacancies on the board.
20-1 SECTION 2.09. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
20-2 (a) The temporary board of directors shall call and hold an
20-3 election to confirm establishment of the district and to elect five
20-4 initial directors as provided by Chapter 54, Water Code.
20-5 (b) Subsection (a), Section 41.001, Election Code, does not
20-6 apply to a confirmation election held as provided by this section.
20-7 SECTION 2.10. ELECTION OF DIRECTORS. On the first Saturday
20-8 in May of the fourth year after the year in which the confirmation
20-9 election is held, an election shall be held in the district for the
20-10 election of two directors who shall each serve two-year terms and
20-11 three directors who shall serve four-year terms. Thereafter, on
20-12 the same date in each subsequent second year, the appropriate
20-13 number of directors shall be elected to the board.
20-14 SECTION 2.11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
20-15 No municipality in whose extraterritorial jurisdiction the district
20-16 is located shall pass any ordinances or resolutions or otherwise
20-17 take any actions which impair the ability of the district to
20-18 exercise its powers under this article or which would limit the
20-19 ability of the district to finance, construct, or operate its
20-20 water, wastewater, or drainage systems.
20-21 SECTION 2.12. ANNEXATION. The district may not be annexed
20-22 by a municipality in whose extraterritorial jurisdiction the
20-23 district lies without an affirmative vote of a majority of the
20-24 qualified voting electors at an election held by the district to
20-25 consider a proposition for or against such annexation.
20-26 SECTION 2.13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
20-27 INSTALLATION OF FACILITIES. If a municipality in whose
20-28 extraterritorial jurisdiction the district is located annexes the
20-29 district for full or limited purposes and the annexation precludes
20-30 or impairs the ability of the district to issue bonds, the
20-31 municipality shall, simultaneously with the annexation, pay in cash
20-32 to the landowner or developer of the district a sum equal to all
20-33 actual costs and expenses incurred by the landowner or developer in
20-34 connection with the district that the district has, in writing,
20-35 agreed to pay and that would otherwise have been eligible for
20-36 reimbursement from bond proceeds under the rules and requirements
20-37 of the commission as such rules and requirements exist on the date
20-38 of annexation. The municipality shall further be required to
20-39 install after annexation all necessary water, wastewater, and
20-40 drainage facilities to serve full buildout of development within
20-41 the district.
20-42 ARTICLE 3. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION,
20-43 AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 5.
20-44 SECTION 3.01. CREATION. (a) A conservation and reclamation
20-45 district, to be known as Travis County Municipal Utility District
20-46 No. 5, is created in Travis County, subject to approval at a
20-47 confirmation election under Section 3.09 of this article. The
20-48 district is a governmental agency and a body politic and corporate.
20-49 (b) The district is created under and is essential to
20-50 accomplish the purposes of Section 59, Article XVI, Texas
20-51 Constitution.
20-52 SECTION 3.02. DEFINITIONS. In this article:
20-53 (1) "Commission" means the Texas Natural Resource
20-54 Conservation Commission.
20-55 (2) "District" means Travis County Municipal Utility
20-56 District No. 5.
20-57 SECTION 3.03. BOUNDARIES. The district includes the
20-58 territory contained within the following area:
20-59 A DESCRIPTION, PREPARED FROM INFORMATION OBTAINED THROUGH PUBLIC
20-60 RECORDS, OF A 686.80 ACRE TRACT OF LAND SITUATED IN THE JAMES M.
20-61 TRIBBLE SURVEY NO. 418, THE DRURY H. MINOR SURVEY NO. 416, THE
20-62 THOMAS JESTER SURVEY NO. 150, THE R. M. JOHNSON SURVEY NO. 74, AND
20-63 THE WILLIAM S. HALL SURVEY NO. 412 ALL OF TRAVIS COUNTY, TEXAS
20-64 BEING ALL OF THOSE CERTAIN TRACTS OF LAND, AS LISTED BELOW,
20-65 CONVEYED TO BARTON CREEK PROPERTIES INC. BY DEEDS RECORDED IN THE
20-66 DEED RECORDS OR REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS:
20-67 1. 250.62 ACRES, VOLUME 10845, PAGE 595,
20-68 2. 37.1105 ACRES, VOLUME 10841, PAGE 544,
20-69 3. 2.0432 ACRES, VOLUME 10882, PAGE 1,
20-70 4. 2.1768 ACRES, VOLUME 10920, PAGE 248,
21-1 5. 9.673 ACRES, VOLUME 10828, PAGE 469,
21-2 6. 9.6021 ACRES, VOLUME 10852, PAGE 87,
21-3 7. 9.2007 ACRES, VOLUME 10882, PAGE 590,
21-4 8. 7.2266 ACRES, VOLUME 10836, PAGE 327,
21-5 9. 9.6358 ACRES, VOLUME 10828, PAGE 478,
21-6 10. 9.6332 ACRES, VOLUME 10875, PAGE 343,
21-7 11. 9.584 ACRES, VOLUME 10828, PAGE 459,
21-8 12. 15.962 ACRES, VOLUME 10853, PAGE 619,
21-9 13. 4.432 ACRES, VOLUME 10881, PAGE 559,
21-10 14. 2.437 ACRES, VOLUME 10836, PAGE 319,
21-11 15. 61.9912 ACRES, VOLUME 10982, PAGE 761,
21-12 16. 37.746 ACRES, VOLUME 11040, PAGE 849,
21-13 17. 4.8789 ACRES, VOLUME 11139, PAGE 979,
21-14 18. 4.7714 ACRES, VOLUME 11139, PAGE 996,
21-15 19. 9.6348 ACRES, VOLUME 10860, PAGE 543, AND
21-16 20. 5.005 ACRES (TRACT 1), VOLUME 10887, PAGE 1098;
21-17 ALSO BEING PORTIONS OF THOSE CERTAIN TRACTS OF LAND, AS LISTED
21-18 BELOW, CONVEYED TO BARTON CREEK PROPERTIES INC. BY DEEDS RECORDED
21-19 IN THE DEED RECORDS OR REAL PROPERTY RECORDS OF TRAVIS COUNTY,
21-20 TEXAS:
21-21 1. 36.95 ACRES, VOLUME 10928, PAGE 652,
21-22 2. 36.162 ACRES, VOLUME 10768, PAGE 1513,
21-23 3. 43.364 ACRES, VOLUME 10888, PAGE 515,
21-24 4. 201.31 ACRES, VOLUME 10783, PAGE 448,
21-25 5. 9.6186 ACRES, VOLUME 10840, PAGE 689,
21-26 6. 9.644 ACRES, VOLUME 10869, PAGE 604, AND
21-27 7. 32.596 ACRES (TRACT TWO), VOLUME 10887, PAGE 1098;
21-28 SAID 686.80 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES
21-29 AND BOUNDS AS FOLLOWS:
21-30 BEGINNING at the southeast corner of the said 250.62 acre tract for
21-31 the southeast corner of the herein described tract;
21-32 THENCE along the south line of the said 250.67 acre tract the
21-33 following fourteen (14) courses:
21-34 1. N 6954'49" W, 146.95 feet to a point,
21-35 2. N 7157'40" W, 105.13 feet to a point,
21-36 3. N 6234'57" W, 662.17 feet to a point,
21-37 4. N 6207'51" W, 180.38 feet to a point,
21-38 5. N 5725'18" W, 49.64 feet to a point,
21-39 6. N 6341'12" W, 182.55 feet to a point,
21-40 7. N 6238'10" W, 451.48 feet to a point,
21-41 8. N 5238'22" W, 105.90 feet to a point,
21-42 9. N 5728'33" W, 193.15 feet to a point,
21-43 10. N 5919'22" W, 104.03 feet to a point,
21-44 11. N 6829'02" W, 230.60 feet to a point,
21-45 12. N 5918'46" W, 61.72 feet to a point,
21-46 13. N 6051'00" W, 167.01 feet to a point, and
21-47 14. N 6252'26" W, 744.98 feet to a point to the northeast corner
21-48 of the said Barton Creek Properties Inc. 15.962 acre tract;
21-49 THENCE along the east line of the said 15.962 acre tract the
21-50 following four (4) courses:
21-51 1. S 2725'32" W, 498.34 feet to a point,
21-52 2. S 2719'25" W, 48.35 feet to a point,
21-53 3. S 5616'25" W, 177.71 feet to a point, and
21-54 4. S 1027'13" W, 299.48 feet to the southeast corner of the
21-55 said 15.962 acre tract in the north line of said Southwest
21-56 Parkway;
21-57 THENCE along the south line of the said 15.962 acre tract and the
21-58 north line of said Southwest Parkway the following three (3)
21-59 courses:
21-60 1. N 8340'54" W, 214.94 feet to a point,
21-61 2. N 7202'34" W, 91.90 feet to a point, and
21-62 3. N 0731'21" E, 11.12 feet to the southeast corner of the said
21-63 Barton Creek Properties Inc. 4.432 acre tract;
21-64 THENCE continuing along the north line of said Southwest Parkway
21-65 and the south line of the said 4.432 acre tract the following five
21-66 (5) courses:
21-67 1. a distance of 144.14 feet along the arc of a curve to the
21-68 left having a central angle of 0245'11", a radius of 3000.00
21-69 feet and a chord bearing N 7623'59" W, 144.13 feet to a
21-70 point,
22-1 2. N 7201'59" W, 4.07 feet to a point,
22-2 3. N 7850'58" W, 82.74 feet to a point,
22-3 4. N 7846'15" W, 339.03 feet to a point, and
22-4 5. a distance of 16.17 feet along the arc of a curve to the
22-5 right having a central angle of 0055'35", a radius of
22-6 1000.00 feet and a chord bearing N 7759'48" W, 16.17 feet to
22-7 the southwest corner of the said 4.432 acre tract;
22-8 THENCE along the west line of the said 4.432 acre tract the
22-9 following two (2) courses:
22-10 1. N 1341'20" E, 18.84 feet to a point, and
22-11 2. N 0407'38" W, 106.68 feet to the northwest corner of the
22-12 said 4.432 acre tract and the southwest corner of the said
22-13 250.62 acre tract;
22-14 THENCE along the west line of the said 250.62 acre tract the
22-15 following nineteen (19) courses:
22-16 1. N 0030'56" E, 89.36 feet to a point,
22-17 2. N 0023'58" E, 17.27 feet to a point,
22-18 3. N 1049'09" W, 105.85 feet to a point,
22-19 4. N 1458'33" W, 99.99 feet to a point,
22-20 5. N 2544'10" W, 101.76 feet to a point,
22-21 6. N 1502'11" W, 98.17 feet to a point,
22-22 7. N 0124'31" W, 95.26 feet to a point,
22-23 8. N 0248'35" E, 93.50 feet to a point,
22-24 9. N 0338'26" W, 95.05 feet to a point,
22-25 10. N 0314'35" E, 97.15 feet to a point,
22-26 11. N 7334'44" W, 5.01 feet to a point,
22-27 12. N 1609'41" E, 62.02 feet to a point,
22-28 13. N 2546'00" E, 261.86 feet to a point,
22-29 14. N 0815'24" E, 105.87 feet to a point,
22-30 15. S 6242'56" E, 372.40 feet to a point,
22-31 16. N 3023'36" E, 188.36 feet to a point,
22-32 17. N 2729'39" E, 1823.11 feet to a point,
22-33 18. N 2817'26" E, 346.56 feet to a point, and
22-34 19. N 2604'06" E, 223.11 feet to the northwest corner of the
22-35 said 250.62 acre tract in the south line of Henry Marx Lane;
22-36 THENCE crossing said Henry Marx Lane, N 3012'34" E, 44.61 feet to
22-37 the southeast corner of the said 201.31 acre tract in the north
22-38 line of said Henry Marx Lane;
22-39 THENCE along the south line of the said 201.31 acre tract N
22-40 6106'08" W, 898.68 feet to a point in the east R.O.W. line of a
22-41 proposed future roadway;
22-42 THENCE, departing the south line of the said 201.31 acre tract
22-43 along the R.O.W. line of said proposed future roadway the following
22-44 seven (7) courses:
22-45 1. N 3201'18" E, 886.19 feet to a point of curvature,
22-46 2. a distance of 576.37 feet along the arc of a curve to the
22-47 left whose radius is 745.00 feet, central angle is 4419'37"
22-48 and whose chord bears N 0951'30" E, 562.10 feet to the point
22-49 of tangency,
22-50 3. N 1218'19" W, 286.57 feet to a point of curvature,
22-51 4. a distance of 606.33 feet along the arc of a curve to the
22-52 right whose radius is 945.00 feet, central angle is 3645'44"
22-53 and whose chord bears N 0604'33" E, 595.99 feet to the point
22-54 of tangency,
22-55 5. N 2427'25" E, 509.49 feet to a point of curvature,
22-56 6. a distance of 328.10 feet along the arc of a curve to the
22-57 right whose radius is 705.00 feet, central angle is 2639'53"
22-58 and whose chord bears N 3747'22" E, 325.15 feet to the point
22-59 of tangency, and
22-60 7. N 5107'18" E, 259.25 feet to a point in a southwesterly line
22-61 of The Estates Above Lost Creek, a subdivision whose plat is
22-62 recorded in Book 81, Pages 286 through 294 of the Plat
22-63 Records of Travis County, Texas;
22-64 THENCE, departing the said east R.O.W. line of the proposed future
22-65 roadway along the southerly lines of the said Estates Above Lost
22-66 Creek the following fifteen (15) courses:
22-67 1. S 2310'32" E, 16.65 feet to a point,
22-68 2. S 2317'01" E, 1,039.40 feet to a point,
22-69 3. S 2317'25" E, 561.43 feet to a point,
22-70 4. N 2630'55" E, 143.80 feet to a point,
23-1 5. N 3040'55" E, 68.75 feet to a point,
23-2 6. N 4017'55" E, 35.23 feet to a point,
23-3 7. N 2233'55" E, 98.63 feet to a point,
23-4 8. N 2235'55" E, 172.76 feet to a point,
23-5 9. N 2720'55" E, 307.45 feet to a point,
23-6 10. N 2726'55" E, 113.89 feet to a point,
23-7 11. S 6419'05" E, 29.19 feet to a point,
23-8 12. N 2802'55" E, 364.63 feet to a point,
23-9 13. S 6906'05" E, 228.20 feet to a point,
23-10 14. S 6840'05" E, 276.19 feet to a point, and
23-11 15. N 7318'55" E, 245.95 feet to a point at the most northerly
23-12 corner of the said 9.2007 acre tract;
23-13 THENCE, leaving the south line of said Estates Above Lost Creek,
23-14 along the north line of the said 9.2007 acre tract S 2151'11" E,
23-15 187.05 feet to a point in the west line of the said Barton Creek
23-16 Properties Inc. 9.644 acre tract;
23-17 THENCE along the west line of the said 9.644 acre tract S 2755'45"
23-18 W, 152.19 feet to a point;
23-19 THENCE crossing the said 9.644 acre tract S 6736'44" E, 83.76 feet
23-20 to a point at the southwest corner of The Estates Above Lost Creek,
23-21 Section Two, a subdivision whose plat is recorded in Book 88, Pages
23-22 359-360 of the said Plat Records;
23-23 THENCE along the south line of said Estates Above Lost Creek,
23-24 Section Two, S 6736'44" E, 350.00 feet to a point at the southwest
23-25 corner of the Resubdivision of Lot 44, Block B, The Estates Above
23-26 Lost Creek, a subdivision whose plat is recorded in Book 88, Page
23-27 321 of the said Plat Records;
23-28 THENCE along the south line of said Resubdivision of Lot 44, S
23-29 6736'44" E, 234.05 feet to a point on the south line of said
23-30 Estates Above Lost Creek;
23-31 THENCE continuing along the southerly lines of said The Estates
23-32 Above Lost Creek the following twelve (12) courses;
23-33 1. S 6323'05" E, 239.49 feet to a point,
23-34 2. S 5849'05" E, 98.89 feet to a point,
23-35 3. S 6432'05" E, 106.40 feet to a point,
23-36 4. S 6231'05" E, 162.16 feet to a point,
23-37 5. S 5850'05" E, 89.07 feet to a point,
23-38 6. S 6231'05" E, 136.05 feet to a point,
23-39 7. S 6217'05" E, 218.83 feet to a point,
23-40 8. S 6321'05" E, 143.38 feet to a point,
23-41 9. S 6133'05" E, 300.47 feet to a point,
23-42 10. S 6711'05" E, 48.60 feet to a point,
23-43 11. S 8215'05" E, 39.72 feet to a point, and
23-44 12. S 6340'04" E, 101.88 feet to a point;
23-45 THENCE, departing the southerly lines of said The Estates Above
23-46 Lost Creek, crossing the said 32.596 acre tract, the said 43.364
23-47 acre tract, the said 36.95 acre tract, and the said 36.162 acre
23-48 tract in a southerly direction, the following twenty-one (21)
23-49 courses:
23-50 1. S 8222'23" W, 39.97 feet to a point,
23-51 2. S 5457'36" W, 41.30 feet to a point,
23-52 3. S 0937'33" W, 57.61 feet to a point,
23-53 4. S 1453'56" E, 162.10 feet to a point,
23-54 5. S 3130'38" E, 358.80 feet to a point,
23-55 6. S 2037'32" W, 103.22 feet to a point,
23-56 7. S 8422'55" W, 160.26 feet to a point,
23-57 8. N 7235'08" W, 106.35 feet to a point,
23-58 9. N 5420'30" W, 66.18 feet to a point,
23-59 10. S 5451'36" W, 133.90 feet to a point,
23-60 11. S 3807'30" W, 190.56 feet to a point,
23-61 12. S 0235'51" E, 174.53 feet to a point,
23-62 13. S 2219'07" E, 263.05 feet to a point,
23-63 14. S 3349'56" E, 204.86 feet to a point,
23-64 15. S 0701'18" W, 188.29 feet to a point,
23-65 16. S 2512'49" W, 68.77 feet to a point,
23-66 17. S 4404'06" W, 103.86 feet to a point,
23-67 18. S 2425'21" W, 421.44 feet to a point,
23-68 19. S 1815'27" E, 589.97 feet to a point,
23-69 20. S 2937'31" E, 231.75 feet to a point, and
23-70 21. S 1854'49" E, 240.97 feet to a point to the northwest corner
24-1 of that certain 328.134 acre tract of land, designated as
24-2 Tract 2 in a deed to Barton Creek Properties Inc. recorded in
24-3 Volume 10778, Page 764 of the said Real Property Records;
24-4 THENCE along the west line of the said 328.134 acre tract being the
24-5 east lines of the said 36.162 acre tract, the said 37.746 acre
24-6 tract and the said 250.62 acre tract S 2741'03" W, 3410.60 feet to
24-7 the POINT OF BEGINNING containing 688.80 acres of land more or less
24-8 SAVE AND EXCEPT that certain 2.00 acre tract of land conveyed to
24-9 Charles Burtis by deed recorded in Volume 5958, Page 1464 of the
24-10 said Deed Records leaving a net area herein described of 686.80
24-11 acres of land more or less.
24-12 SECTION 3.04. FINDINGS RELATING TO BOUNDARIES. The
24-13 legislature finds that the boundaries and field notes of the
24-14 district form a closure. A mistake in the field notes or in
24-15 copying the field notes in the legislative process does not affect
24-16 the organization, existence, or validity of the district, the right
24-17 of the district to levy and collect taxes, or the legality or
24-18 operation of the district or its governing body.
24-19 SECTION 3.05. FINDING OF BENEFIT. All of the land and other
24-20 property included within the boundaries of the district will be
24-21 benefited by the works and projects that are to be accomplished by
24-22 the district under the powers conferred by Section 59, Article XVI,
24-23 Texas Constitution. The district is created to serve a public use
24-24 and benefit.
24-25 SECTION 3.06. POWERS. (a) The district has all of the
24-26 rights, powers, privileges, authority, functions, and duties
24-27 provided by the general law of this state, including Chapters 50
24-28 and 54, Water Code, applicable to municipal utility districts
24-29 created under Section 59, Article XVI, Texas Constitution. This
24-30 article prevails over any provision of general law that is in
24-31 conflict or inconsistent with this article.
24-32 (b) The rights, powers, privileges, authority, functions,
24-33 and duties of the district are subject to the continuing right of
24-34 supervision of the state to be exercised by and through the
24-35 commission.
24-36 SECTION 3.07. BOARD OF DIRECTORS. (a) The district is
24-37 governed by a board of five directors.
24-38 (b) Temporary directors serve until initial permanent
24-39 directors are elected under Section 3.09 of this article.
24-40 (c) Initial permanent directors serve until permanent
24-41 directors are elected under Section 3.10 of this article.
24-42 (d) Permanent directors other than initial permanent
24-43 directors serve staggered four-year terms.
24-44 (e) Each director must qualify to serve as director in the
24-45 manner provided by Section 54.025 or 54.116, Water Code, as
24-46 appropriate.
24-47 (f) A director serves until the director's successor has
24-48 qualified.
24-49 SECTION 3.08. TEMPORARY DIRECTORS. (a) The temporary board
24-50 of directors is composed of:
24-51 (1) Rob Riviere
24-52 (2) John Slais
24-53 (3) Walt Collins
24-54 (4) Chip Thomson
24-55 (5) Bill Snyder
24-56 (b) If a temporary director fails to qualify for office, the
24-57 temporary directors who have qualified shall appoint a person to
24-58 fill the vacancy. If at any time there are fewer than three
24-59 qualified temporary directors, the commission shall appoint the
24-60 necessary number of persons to fill all vacancies on the board.
24-61 SECTION 3.09. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
24-62 (a) The temporary board of directors shall call and hold an
24-63 election to confirm establishment of the district and to elect five
24-64 initial directors as provided by Chapter 54, Water Code.
24-65 (b) Subsection (a), Section 41.001, Election Code, does not
24-66 apply to a confirmation election held as provided by this section.
24-67 SECTION 3.10. ELECTION OF DIRECTORS. On the first Saturday
24-68 in May of the fourth year after the year in which the confirmation
24-69 election is held, an election shall be held in the district for the
24-70 election of two directors who shall each serve two-year terms and
25-1 three directors who shall serve four-year terms. Thereafter, on
25-2 the same date in each subsequent second year, the appropriate
25-3 number of directors shall be elected to the board.
25-4 SECTION 3.11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
25-5 No municipality in whose extraterritorial jurisdiction the district
25-6 is located shall pass any ordinances or resolutions or otherwise
25-7 take any actions which impair the ability of the district to
25-8 exercise its powers under this article or which would limit the
25-9 ability of the district to finance, construct, or operate its
25-10 water, wastewater, or drainage systems.
25-11 SECTION 3.12. ANNEXATION. The district may not be annexed
25-12 by a municipality in whose extraterritorial jurisdiction the
25-13 district lies without an affirmative vote of a majority of the
25-14 qualified voting electors at an election held by the district to
25-15 consider a proposition for or against such annexation.
25-16 SECTION 3.13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
25-17 INSTALLATION OF FACILITIES. If a municipality in whose
25-18 extraterritorial jurisdiction the district is located annexes the
25-19 district for full or limited purposes and the annexation precludes
25-20 or impairs the ability of the district to issue bonds, the
25-21 municipality shall, simultaneously with the annexation, pay in cash
25-22 to the landowner or developer of the district a sum equal to all
25-23 actual costs and expenses incurred by the landowner or developer in
25-24 connection with the district that the district has, in writing,
25-25 agreed to pay and that would otherwise have been eligible for
25-26 reimbursement from bond proceeds under the rules and requirements
25-27 of the commission as such rules and requirements exist on the date
25-28 of annexation. The municipality shall further be required to
25-29 install after annexation all necessary water, wastewater, and
25-30 drainage facilities to serve full buildout of development within
25-31 the district.
25-32 ARTICLE 4. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION,
25-33 AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 6.
25-34 SECTION 4.01. CREATION. (a) A conservation and reclamation
25-35 district, to be known as Travis County Municipal Utility District
25-36 No. 6, is created in Travis County, subject to approval at a
25-37 confirmation election under Section 4.09 of this article. The
25-38 district is a governmental agency and a body politic and corporate.
25-39 (b) The district is created under and is essential to
25-40 accomplish the purposes of Section 59, Article XVI, Texas
25-41 Constitution.
25-42 SECTION 4.02. DEFINITIONS. In this article:
25-43 (1) "Commission" means the Texas Natural Resource
25-44 Conservation Commission.
25-45 (2) "District" means Travis County Municipal Utility
25-46 District No. 6.
25-47 SECTION 4.03. BOUNDARIES. The district includes the
25-48 territory contained within the following area:
25-49 A DESCRIPTION, PREPARED IN THE OFFICE FROM INFORMATION OBTAINED
25-50 THROUGH PUBLIC RECORDS OF 363.84 ACRES OF LAND SITUATED IN THE
25-51 THOMAS JESTER SURVEY NO. 150, THE JOHN L. BRAY SURVEY NO. 72 AND
25-52 THE JOHN MCALLISTER SURVEY NO. 71, TRAVIS COUNTY, TEXAS, BEING ALL
25-53 OF THE FOOTHILLS OF BARTON CREEK, A SUBDIVISION WHOSE PLAT IS
25-54 RECORDED IN BOOK 85, PAGES 74D THROUGH 75C OF THE PLAT RECORDS OF
25-55 TRAVIS COUNTY, TEXAS, HAVING BEEN CONVEYED TO BARTON CREEK
25-56 PROPERTIES INC. BY DEED RECORDED IN VOLUME 11253, PAGE 709 OF THE
25-57 REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS AND BEING PORTIONS OF
25-58 THOSE CERTAIN TRACTS OF LAND, AS LISTED BELOW, CONVEYED TO BARTON
25-59 CREEK PROPERTIES INC. BY DEEDS RECORDED IN THE SAID REAL PROPERTY
25-60 RECORDS:
25-61 1. 3.989 ACRES, (TRACT 2), VOLUME 11068, PAGE 395,
25-62 2. 838.057 ACRES, (TRACT 1), VOLUME 10927, PAGE 616,
25-63 3. 205.015 ACRES, (TRACT 1), VOLUME 10778, PAGE 764,
25-64 4. 36.95 ACRES, VOLUME 10928, PAGE 652,
25-65 5. 36.162 ACRES, VOLUME 10768, PAGE 1513,
25-66 6. 43.364 ACRES, VOLUME 10888, PAGE 515, AND
25-67 7. 32.596 ACRES (TRACT TWO), VOLUME 10887, PAGE 1098;
25-68 SAID 363.84 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND
25-69 BOUNDS AS FOLLOWS:
25-70 BEGINNING at the southeast corner of The Estates Above Lost Creek,
26-1 a subdivision whose plat is recorded in Book 81, Pages 286 through
26-2 296 of the said Plat Records;
26-3 THENCE along the easterly lines of said The Estates Above Lost
26-4 Creek the following two (2) courses:
26-5 1. N 2803'42" E, 558.13 feet to a point in the south
26-6 right-of-way (R.O.W.) line of Lost Creek Boulevard, an 80.00
26-7 foot wide R.O.W. dedicated by said Lost Creek Boulevard
26-8 Dedication Plat, recorded in Book 76, Page 166 of the said
26-9 Plat Records, and
26-10 2. crossing said Lost Creek Boulevard N 2803'28" E, 80.25 feet
26-11 to a point in the north R.O.W. line of Lost Creek Boulevard
26-12 at the southwest corner of The Estates Above Lost Creek,
26-13 Section Three, a subdivision whose plat is recorded in Book
26-14 83, Page 120D of the said Plat Records;
26-15 THENCE along the south, east and north lines of said Estates Above
26-16 Lost Creek, Section Three, the following seven (7) courses:
26-17 1. S 6002'29" E, 20.35 feet to a point,
26-18 2. a distance of 288.38 feet along the arc of a curve to the
26-19 right having a central angle of 3049'02", a radius of 536.16
26-20 feet and a chord bearing S 4437'58" E, 284.92 feet to a
26-21 point,
26-22 3. a distance of 31.20 feet along the arc of a curve to the
26-23 right having a central angle of 8455'44", a radius of 21.05
26-24 feet and a chord bearing N 1301'24" E, 28.42 feet to a
26-25 point,
26-26 4. N 5528'40" E, 170.94 feet to a point,
26-27 5. a distance of 145.58 feet along the arc of a curve to the
26-28 left having a central angle of 1300'01", a radius of 641.61
26-29 feet and a chord bearing N 4858'40" E, 145.27 feet to a
26-30 point,
26-31 6. N 3040'20" W, 67.22 feet to a point, and
26-32 7. N 5811'20" W, 329.94 feet to a point in the east line of
26-33 said Estates Above Lost Creek;
26-34 THENCE along the east lines of said The Estates Above Lost Creek
26-35 the following five (5) courses:
26-36 1. N 2800'40" E, 288.77 feet to a point,
26-37 2. N 8031'40" E, 53.94 feet to a point,
26-38 3. N 6745'40" E, 64.88 feet to a point,
26-39 4. N 4835'40" E, 24.74 feet to a point, and
26-40 5. N 0809'20" W, 57.30 feet to a point for the northwest corner
26-41 of said Foothills of Barton Creek;
26-42 THENCE, departing the east lines of said The Estates Above Lost
26-43 Creek, along the north and east lines of said Foothills of Barton
26-44 Creek the following twenty-two (22) courses:
26-45 1. N 8148'40" E, 152.04 feet to a point,
26-46 2. N 5621'40" E, 80.05 feet to a point,
26-47 3. S 8847'20" E, 48.24 feet to a point,
26-48 4. N 8527'40" E, 172.98 feet to a point,
26-49 5. N 7848'40" E, 81.82 feet to a point,
26-50 6. S 7016'20" E, 88.86 feet to a point,
26-51 7. S 8404'20" E, 272.32 feet to a point,
26-52 8. N 7921'40" E, 302.77 feet to a point,
26-53 9. N 8432'40" E, 276.16 feet to a point,
26-54 10. N 7321'40" E, 348.16 feet to a point,
26-55 11. N 6931'02" E, 408.13 feet to a point,
26-56 12. N 6856'35" E, 54.85 feet to a point,
26-57 13. S 0858'35" W, 144.33 feet to a point,
26-58 14. S 4802'25" E, 338.06 feet to a point,
26-59 15. S 5135'25" E, 160.36 feet to a point,
26-60 16. S 2137'25" E, 184.80 feet to a point,
26-61 17. S 0034'35" W, 531.35 feet to a point,
26-62 18. S 1852'35" W, 576.88 feet to a point,
26-63 19. S 5003'25" E, 93.96 feet to a point,
26-64 20. S 4751'25" E, 136.30 feet to a point,
26-65 21. S 0306'25" E, 116.00 feet to a point, and
26-66 22. S 3839'35" W, 230.63 feet to a point on the north R.O.W.
26-67 line of Lost Creek Boulevard; THENCE, departing the east line
26-68 of the said Foothills of Barton Creek, crossing said Lost
26-69 Creek Boulevard, S 0647'30" W, 80.00 feet to a point on the
26-70 north line of the said 3.989 acre tract;
27-1 THENCE along the north line of the said 3.989 acre tract S
27-2 8307'48" E, 114.94 feet to a point;
27-3 THENCE, departing the said north line of the 3.989 acre tract,
27-4 crossing the said 3.989 acre tract, the said 205.015 acre tract,
27-5 and the 838.057 acre tract the following fifteen (15) courses:
27-6 1. S 3916'02" W, 44.48 feet to a point,
27-7 2. S 6448'32" W, 71.94 feet to a point,
27-8 3. S 2435'11" W, 275.91 feet to a point,
27-9 4. S 6448'30" W, 59.95 feet to a point,
27-10 5. N 7512'11" W, 79.78 feet to a point,
27-11 6. N 3340'48" W, 176.38 feet to a point,
27-12 7. N 4624'57" W, 152.05 feet to a point,
27-13 8. S 7024'45" W, 146.60 feet to a point,
27-14 9. S 0330'36" W, 186.13 feet to a point,
27-15 10. S 4205'26" E, 161.75 feet to a point,
27-16 11. S 1839'19" E, 151.88 feet to a point,
27-17 12. S 2613'18" W, 117.79 feet to a point,
27-18 13. S 8445'06" W, 237.82 feet to a point,
27-19 14. S 4321'11" W, 55.04 feet to a point, and
27-20 15. S 6154'48" E, 10.50 feet to a point on the west lines of the
27-21 said 838.057 acre tract;
27-22 THENCE along the west line of the said 838.057 acre tract the
27-23 following seven (7) courses:
27-24 1. S 3204'34" W, 44.70 feet to a point,
27-25 2. S 1015'26" E, 215.27 feet to a point,
27-26 3. S 1202'34" W, 87.53 feet to a point,
27-27 4. S 4421'34" W, 276.60 feet to a point,
27-28 5. S 2826'34" W, 421.41 feet to a point,
27-29 6. S 1452'34" W, 250.15 feet to a point, and
27-30 7. S 4432'34" W, 91.75 feet to a point on the south line of the
27-31 said 205.015 acre tract;
27-32 THENCE, departing the west line of the said 838.057 acre tract,
27-33 along the south line of the said 205.015 acre tract, the following
27-34 nineteen (19) courses:
27-35 1. N 8618'26" W, 201.02 feet to a point,
27-36 2. N 4111'26" W, 116.03 feet to a point,
27-37 3. S 5040'34" W, 109.40 feet to a point,
27-38 4. S 2844'34" W, 121.79 feet to a point,
27-39 5. S 5758'34" W, 97.00 feet to a point,
27-40 6. S 3148'34" W, 169.24 feet to a point,
27-41 7. S 7137'34" W, 239.19 feet to a point,
27-42 8. S 8957'34" W, 118.40 feet to a point,
27-43 9. S 7234'34" W, 199.51 feet to a point,
27-44 10. S 4836'34" W, 108.47 feet to a point,
27-45 11. N 6247'26" W, 357.13 feet to a point,
27-46 12. N 7731'26" W, 116.03 feet to a point,
27-47 13. N 8558'26" W, 1188.78 feet to a point,
27-48 14. N 0154'26" W, 76.69 feet to a point,
27-49 15. N 4222'26" W, 101.10 feet to a point,
27-50 16. N 3511'26" W, 118.67 feet to a point,
27-51 17. N 4604'26" W, 182.17 feet to a point,
27-52 18. N 6436'26" W, 84.55 feet to a point, and
27-53 19. N 4258'12" W, 73.41 feet to the southwest corner of the said
27-54 205.015 acre tract;
27-55 THENCE, departing the said south line of the 205.015 acre tract,
27-56 crossing the said 36.162 acre tract, the said 36.95 acre tract, the
27-57 said 43.364 acre tract and the said 32.596 acre tract, the
27-58 following twenty-one (21) courses:
27-59 1. N 1854'49" W, 240.97 feet to a point,
27-60 2. N 2937'31" W, 231.75 feet to a point,
27-61 3. N 1815'27" W, 589.97 feet to a point,
27-62 4. N 2425'21" E, 421.44 feet to a point,
27-63 5. N 4404'06" E, 103.86 feet to a point,
27-64 6. N 2512'49" E, 68.77 feet to a point,
27-65 7. N 0701'18" E, 188.29 feet to a point,
27-66 8. N 3349'56" W, 204.86 feet to a point,
27-67 9. N 2219'07" W, 263.05 feet to a point,
27-68 10. N 0235'51" W, 174.53 feet to a point,
27-69 11. N 3807'30" E, 190.56 feet to a point,
27-70 12. N 5451'36" E, 133.90 feet to a point,
28-1 13. S 5420'30" E, 66.18 feet to a point,
28-2 14. S 7235'08" E, 106.35 feet to a point,
28-3 15. N 8422'55" E, 160.26 feet to a point,
28-4 16. N 2037'32" E, 103.22 feet to a point,
28-5 17. N 3130'38" W, 358.80 feet to a point,
28-6 18. N 1453'56" W, 162.10 feet to a point,
28-7 19. N 0937'33" E, 57.61 feet to a point,
28-8 20. N 5457'36" E, 41.30 feet to a point, and
28-9 21. N 8222'23" E, 39.97 feet to a point on the south line of the
28-10 said The Estates Above Lost Creek;
28-11 THENCE along the said south line of The Estates Above Lost Creek,
28-12 the following fifteen (15) courses:
28-13 1. S 6340'06" E, 69.84 feet to a point,
28-14 2. S 4011'55" W, 22.67 feet to a point,
28-15 3. S 6428'05" E, 59.65 feet to a point,
28-16 4. S 6504'05" E. 100.95 feet to a point,
28-17 5. S 6146'05" E, 33.59 feet to a point,
28-18 6. S 6002'05" E, 63.58 feet to a point,
28-19 7. S 6135'05" E, 165.83 feet to a point,
28-20 8. S 6304'05" E, 227.33 feet to a point,
28-21 9. S 5031'05" E, 26.94 feet to a point,
28-22 10. S 6455'05" E, 75.40 feet to a point,
28-23 11. S 6107'05" E, 150.83 feet to a point,
28-24 12. S 6429'05" E, 166.23 feet to a point,
28-25 13. S 6048'05" E, 119.24 feet to a point,
28-26 14. S 6244'05" E, 89.69 feet to a point, and
28-27 15. S 6351'05" E, 47.20 feet to a point to the POINT OF
28-28 BEGINNING containing 363.84 acres of land more or less.
28-29 SECTION 4.04. FINDINGS RELATING TO BOUNDARIES. The
28-30 legislature finds that the boundaries and field notes of the
28-31 district form a closure. A mistake in the field notes or in
28-32 copying the field notes in the legislative process does not affect
28-33 the organization, existence, or validity of the district, the right
28-34 of the district to levy and collect taxes, or the legality or
28-35 operation of the district or its governing body.
28-36 SECTION 4.05. FINDING OF BENEFIT. All of the land and other
28-37 property included within the boundaries of the district will be
28-38 benefited by the works and projects that are to be accomplished by
28-39 the district under the powers conferred by Section 59, Article XVI,
28-40 Texas Constitution. The district is created to serve a public use
28-41 and benefit.
28-42 SECTION 4.06. POWERS. (a) The district has all of the
28-43 rights, powers, privileges, authority, functions, and duties
28-44 provided by the general law of this state, including Chapters 50
28-45 and 54, Water Code, applicable to municipal utility districts
28-46 created under Section 59, Article XVI, Texas Constitution. This
28-47 article prevails over any provision of general law that is in
28-48 conflict or inconsistent with this article.
28-49 (b) The rights, powers, privileges, authority, functions,
28-50 and duties of the district are subject to the continuing right of
28-51 supervision of the state to be exercised by and through the
28-52 commission.
28-53 SECTION 4.07. BOARD OF DIRECTORS. (a) The district is
28-54 governed by a board of five directors.
28-55 (b) Temporary directors serve until initial permanent
28-56 directors are elected under Section 4.09 of this article.
28-57 (c) Initial permanent directors serve until permanent
28-58 directors are elected under Section 4.10 of this article.
28-59 (d) Permanent directors other than initial permanent
28-60 directors serve staggered four-year terms.
28-61 (e) Each director must qualify to serve as director in the
28-62 manner provided by Section 54.025 or 54.116, Water Code, as
28-63 appropriate.
28-64 (f) A director serves until the director's successor has
28-65 qualified.
28-66 SECTION 4.08. TEMPORARY DIRECTORS. (a) The temporary board
28-67 of directors is composed of:
28-68 (1) John Pigg
28-69 (2) Clark Matheney
28-70 (3) William F. Burrow, Jr.
29-1 (4) William S. Norman, Sr.
29-2 (5) Bill Parkhouse
29-3 (b) If a temporary director fails to qualify for office, the
29-4 temporary directors who have qualified shall appoint a person to
29-5 fill the vacancy. If at any time there are fewer than three
29-6 qualified temporary directors, the commission shall appoint the
29-7 necessary number of persons to fill all vacancies on the board.
29-8 SECTION 4.09. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
29-9 (a) The temporary board of directors shall call and hold an
29-10 election to confirm establishment of the district and to elect five
29-11 initial directors as provided by Chapter 54, Water Code.
29-12 (b) Subsection (a), Section 41.001, Election Code, does not
29-13 apply to a confirmation election held as provided by this section.
29-14 SECTION 4.10. ELECTION OF DIRECTORS. On the first Saturday
29-15 in May of the fourth year after the year in which the confirmation
29-16 election is held, an election shall be held in the district for the
29-17 election of two directors who shall each serve two-year terms and
29-18 three directors who shall serve four-year terms. Thereafter, on
29-19 the same date in each subsequent second year, the appropriate
29-20 number of directors shall be elected to the board.
29-21 SECTION 4.11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
29-22 No municipality in whose extraterritorial jurisdiction the district
29-23 is located shall pass any ordinances or resolutions or otherwise
29-24 take any actions which impair the ability of the district to
29-25 exercise its powers under this article or which would limit the
29-26 ability of the district to finance, construct, or operate its
29-27 water, wastewater, or drainage systems.
29-28 SECTION 4.12. ANNEXATION. The district may not be annexed
29-29 by a municipality in whose extraterritorial jurisdiction the
29-30 district lies without an affirmative vote of a majority of the
29-31 qualified voting electors at an election held by the district to
29-32 consider a proposition for or against such annexation.
29-33 SECTION 4.13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
29-34 INSTALLATION OF FACILITIES. If a municipality in whose
29-35 extraterritorial jurisdiction the district is located annexes the
29-36 district for full or limited purposes and the annexation precludes
29-37 or impairs the ability of the district to issue bonds, the
29-38 municipality shall, simultaneously with the annexation, pay in cash
29-39 to the landowner or developer of the district a sum equal to all
29-40 actual costs and expenses incurred by the landowner or developer in
29-41 connection with the district that the district has, in writing,
29-42 agreed to pay and that would otherwise have been eligible for
29-43 reimbursement from bond proceeds under the rules and requirements
29-44 of the commission as such rules and requirements exist on the date
29-45 of annexation. The municipality shall further be required to
29-46 install after annexation all necessary water, wastewater, and
29-47 drainage facilities to serve full buildout of development within
29-48 the district.
29-49 ARTICLE 5. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION,
29-50 AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 7.
29-51 SECTION 5.01. CREATION. (a) A conservation and reclamation
29-52 district, to be known as Travis County Municipal Utility District
29-53 No. 7, is created in Travis County, subject to approval at a
29-54 confirmation election under Section 5.09 of this article. The
29-55 district is a governmental agency and a body politic and corporate.
29-56 (b) The district is created under and is essential to
29-57 accomplish the purposes of Section 59, Article XVI, Texas
29-58 Constitution.
29-59 SECTION 5.02. DEFINITIONS. In this article:
29-60 (1) "Commission" means the Texas Natural Resource
29-61 Conservation Commission.
29-62 (2) "District" means Travis County Municipal Utility
29-63 District No. 7.
29-64 SECTION 5.03. BOUNDARIES. The district includes the
29-65 territory contained within the following area:
29-66 A DESCRIPTION, PREPARED IN THE OFFICE FROM INFORMATION OBTAINED
29-67 THROUGH PUBLIC RECORDS OF 217.34 ACRES OF LAND SITUATED IN THE JOHN
29-68 L. BRAY SURVEY NO. 72, TRAVIS COUNTY, TEXAS, BEING A PORTION OF
29-69 THAT CERTAIN 838.057 ACRE TRACT OF LAND, DESIGNATED AS TRACT 1,
29-70 CONVEYED TO BARTON CREEK PROPERTIES INC. BY DEED RECORDED IN VOLUME
30-1 10927, PAGE 616 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY,
30-2 TEXAS AND BEING A PORTION OF THAT CERTAIN 328.134 ACRE TRACT OF
30-3 LAND, DESIGNATED AS TRACT 2, CONVEYED TO BARTON CREEK PROPERTIES
30-4 INC. BY DEED RECORDED IN VOLUME 10778, PAGE 764 OF THE SAID REAL
30-5 PROPERTY RECORDS, SAID 217.34 ACRES BEING MORE PARTICULARLY
30-6 DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
30-7 BEGINNING at the most northerly northeast corner of the said
30-8 328.134 acre tract on the west line of the said 838.057 acre tract;
30-9 THENCE along the west line of the said 838.057 acre tract the
30-10 following seven (7) courses:
30-11 1. N 4432'34" E, 91.75 feet to a point,
30-12 2. N 1452'34" E, 250.15 feet to a point,
30-13 3. N 2826'34" E, 421.41 feet to a point,
30-14 4. N 4421'34" E, 276.60 feet to a point,
30-15 5. N 1202'34" E, 87.53 feet to a point,
30-16 6. N 1015'26" W, 215.27 feet to a point, and
30-17 7. N 3204'34" E, 44.70 feet to a point for the northwest corner
30-18 hereof;
30-19 THENCE, departing the said west line of the 838.057 acre tract,
30-20 crossing the said 838.057 acre tract, S 6154'48" E, 4921.94 feet
30-21 to a point on the easterly line of the said 838.057 acre tract for
30-22 the northeast corner hereof;
30-23 THENCE along the said easterly line of the said 838.057 acre tract
30-24 the following two (2) courses:
30-25 1. S 2803'04" W, 873.46 feet to a point, and
30-26 2. S 1140'34" W, 63.33 feet to a point for the southeast corner
30-27 hereof;
30-28 THENCE, departing the said easterly line of the 838.057 acre tract,
30-29 crossing said 838.057 acre tract and the said 328.134 acre tract,
30-30 the following eighteen (18) courses:
30-31 1. S 6124'23" W, 778.33 feet to a point of curvature,
30-32 2. a distance of 342.31 feet along the arc of a curve to the
30-33 right whose radius is 800.00 feet, central angle is 2430'59"
30-34 and whose chord bears S 7339'53" W, 339.71 feet to the point
30-35 of tangency,
30-36 3. S 8555'22" W, 255.56 feet to a point of curvature,
30-37 4. a distance of 330.08 feet along the arc of a curve to the
30-38 left whose radius is 1300.00 feet, central angle is 1432'52"
30-39 and whose chord bears S 7838'57" W, 329.19 feet to the point
30-40 of tangency,
30-41 5. S 7122'31" W, 123.16 feet to a point of curvature,
30-42 6. a distance of 22.60 feet along the arc of a curve to the
30-43 right whose radius is 15.00 feet, central angle is 8618'27"
30-44 and whose chord bears N 6528'16" W, 20.52 feet to the point
30-45 of reverse curvature,
30-46 7. a distance of 646.80 feet along the arc of a curve to the
30-47 left whose radius is 1000.00 feet, central angle is 3703'32"
30-48 and whose chord bears N 4050'48" W, 635.58 feet to the point
30-49 of tangency,
30-50 8. N 5922'34" W, 329.18 feet to a point of curvature,
30-51 9. a distance of 1048.34 feet along the arc of a curve to the
30-52 left whose radius is 1100.00 feet, central angle is 5436'17"
30-53 and whose chord bears N 8640'43" W, 1009.11 feet to the
30-54 point of reverse curvature,
30-55 10. a distance of 39.10 feet along the arc of a curve to the left
30-56 whose radius is 25.00 feet, central angle is 8936'35" and
30-57 whose chord bears N 2112'51" E, 35.23 feet to the point of
30-58 tangency,
30-59 11. N 2335'28" W, 471.53 feet to a point of curvature,
30-60 12. a distance of 309.58 feet along the arc of a curve to the
30-61 right whose radius is 710.00 feet, central angle is 2458'58"
30-62 and whose chord bears N 1105'59" W, 307.14 feet to a
30-63 non-tangent point,
30-64 13. S 8031'28" W, 338.09 feet to a point,
30-65 14. N 5813'23" W, 390.00 feet to a point,
30-66 15. N 1019'03" W, 346.51 feet to a point,
30-67 16. N 1220'20" W, 321.13 feet to a point,
30-68 17. N 0134'10" W, 103.43 feet to a point,
30-69 18. N 0703'35" E, 141.24 feet to the POINT OF BEGINNING
30-70 containing 217.34 acres of land more or less.
31-1 SECTION 5.04. FINDINGS RELATING TO BOUNDARIES. The
31-2 legislature finds that the boundaries and field notes of the
31-3 district form a closure. A mistake in the field notes or in
31-4 copying the field notes in the legislative process does not affect
31-5 the organization, existence, or validity of the district, the right
31-6 of the district to levy and collect taxes, or the legality or
31-7 operation of the district or its governing body.
31-8 SECTION 5.05. FINDING OF BENEFIT. All of the land and other
31-9 property included within the boundaries of the district will be
31-10 benefited by the works and projects that are to be accomplished by
31-11 the district under the powers conferred by Section 59, Article XVI,
31-12 Texas Constitution. The district is created to serve a public use
31-13 and benefit.
31-14 SECTION 5.06. POWERS. (a) The district has all of the
31-15 rights, powers, privileges, authority, functions, and duties
31-16 provided by the general law of this state, including Chapters 50
31-17 and 54, Water Code, applicable to municipal utility districts
31-18 created under Section 59, Article XVI, Texas Constitution. This
31-19 article prevails over any provision of general law that is in
31-20 conflict or inconsistent with this article.
31-21 (b) The rights, powers, privileges, authority, functions,
31-22 and duties of the district are subject to the continuing right of
31-23 supervision of the state to be exercised by and through the
31-24 commission.
31-25 SECTION 5.07. BOARD OF DIRECTORS. (a) The district is
31-26 governed by a board of five directors.
31-27 (b) Temporary directors serve until initial permanent
31-28 directors are elected under Section 5.09 of this article.
31-29 (c) Initial permanent directors serve until permanent
31-30 directors are elected under Section 5.10 of this article.
31-31 (d) Permanent directors other than initial permanent
31-32 directors serve staggered four-year terms.
31-33 (e) Each director must qualify to serve as director in the
31-34 manner provided by Section 54.025 or 54.116, Water Code, as
31-35 appropriate.
31-36 (f) A director serves until the director's successor has
31-37 qualified.
31-38 SECTION 5.08. TEMPORARY DIRECTORS. (a) The temporary board
31-39 of directors is composed of:
31-40 (1) Mark Powell
31-41 (2) Jay Hanna
31-42 (3) Bill Dukes
31-43 (4) Clark Wilson
31-44 (5) Bill Davis
31-45 (b) If a temporary director fails to qualify for office, the
31-46 temporary directors who have qualified shall appoint a person to
31-47 fill the vacancy. If at any time there are fewer than three
31-48 qualified temporary directors, the commission shall appoint the
31-49 necessary number of persons to fill all vacancies on the board.
31-50 SECTION 5.09. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
31-51 (a) The temporary board of directors shall call and hold an
31-52 election to confirm establishment of the district and to elect five
31-53 initial directors as provided by Chapter 54, Water Code.
31-54 (b) Subsection (a), Section 41.001, Election Code, does not
31-55 apply to a confirmation election held as provided by this section.
31-56 SECTION 5.10. ELECTION OF DIRECTORS. On the first Saturday
31-57 in May of the fourth year after the year in which the confirmation
31-58 election is held, an election shall be held in the district for the
31-59 election of two directors who shall each serve two-year terms and
31-60 three directors who shall serve four-year terms. Thereafter, on
31-61 the same date in each subsequent second year, the appropriate
31-62 number of directors shall be elected to the board.
31-63 SECTION 5.11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
31-64 No municipality in whose extraterritorial jurisdiction the district
31-65 is located shall pass any ordinances or resolutions or otherwise
31-66 take any actions which impair the ability of the district to
31-67 exercise its powers under this article or which would limit the
31-68 ability of the district to finance, construct, or operate its
31-69 water, wastewater, or drainage systems.
31-70 SECTION 5.12. 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 SECTION 5.13. 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 ARTICLE 6. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION,
32-22 AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 8.
32-23 SECTION 6.01. CREATION. (a) A conservation and reclamation
32-24 district, to be known as Travis County Municipal Utility District
32-25 No. 8, is created in Travis County, subject to approval at a
32-26 confirmation election under Section 6.09 of this article. The
32-27 district is a governmental agency and a body politic and corporate.
32-28 (b) The district is created under and is essential to
32-29 accomplish the purposes of Section 59, Article XVI, Texas
32-30 Constitution.
32-31 SECTION 6.02. DEFINITIONS. In this article:
32-32 (1) "Commission" means the Texas Natural Resource
32-33 Conservation Commission.
32-34 (2) "District" means Travis County Municipal Utility
32-35 District No. 8.
32-36 SECTION 6.03. BOUNDARIES. The district includes the
32-37 territory contained within the following area:
32-38 A DESCRIPTION, PREPARED IN THE OFFICE FROM INFORMATION OBTAINED
32-39 THROUGH PUBLIC RECORDS OF 708.26 ACRES OF LAND SITUATED IN THE JOHN
32-40 L. BRAY SURVEY NO. 72, THE JOHN MCALLISTER SURVEY NO. 71, AND THE
32-41 WILLIAM WALLACE SURVEY NO. 67, TRAVIS COUNTY, TEXAS, BEING ALL OF
32-42 THAT CERTAIN 328.134 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 IN A
32-43 DEED TO BARTON CREEK PROPERTIES INC. RECORDED IN VOLUME 10778, PAGE
32-44 764 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS AND BEING
32-45 A PORTION OF THAT CERTAIN 838.057 ACRE TRACT OF LAND, DESIGNATED AS
32-46 TRACT 1, CONVEYED TO BARTON CREEK PROPERTIES INC. BY DEED RECORDED
32-47 IN VOLUME 10927, PAGE 616 OF THE SAID REAL PROPERTY RECORDS, SAID
32-48 708.26 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
32-49 AS FOLLOWS:
32-50 BEGINNING at a point at the most easterly southeast corner of the
32-51 said 838.057 acre tract in the west right-of-way line of Foster
32-52 Ranch Road;
32-53 THENCE along the south line of the said 838.057 acre tract a
32-54 distance of 31.38 feet along the arc of a curve to the right having
32-55 a central angle of 8954'06", a radius of 20.00 feet and a chord
32-56 bearing S 7246'26" W, 28.26 feet to a point in the north line of
32-57 Southwest Parkway;
32-58 THENCE continuing with the south line of the said 838.057 acre
32-59 tract and the north line of said Southwest Parkway the following
32-60 four (4) courses:
32-61 1. N 6113'33" W, 436.71 feet to a point,
32-62 2. a distance of 628.86 feet along the arc of a curve to the
32-63 left having a central angle of 0358'37", a radius of 9060.00
32-64 feet and a chord bearing N 6312'52" W, 628.73 feet to a
32-65 point,
32-66 3. N 6511'45" W, 1551.40 feet to a point, and
32-67 4. a distance of 344.43 feet along the arc of a curve to the
32-68 left having a central angle of 1036'36", a radius of 1860.00
32-69 feet and a chord bearing N 7032'24" W, 343.94 feet to a
32-70 point at the southeast corner of the said 71.053 acre tract
33-1 of land described in a deed to Barton Creek Properties Inc.
33-2 recorded in Volume 11048, Page 401 of the said Real Property
33-3 Records;
33-4 THENCE, departing the said north line of Southwest Parkway
33-5 continuing with the south lines of the said 838.057 acre tract the
33-6 following five (5) courses:
33-7 1. N 6646'59" W, 21.43 feet to a point,
33-8 2. N 2814'34" E, 711.48 feet to a point,
33-9 3. N 6145'32" W, 551.67 feet to a point,
33-10 4. N 6131'09" W, passing the most easterly southeast corner of
33-11 the said 328.134 acre tract, departing the said south line of
33-12 the 838.057 acre tract, along the south lines of the said
33-13 328.134 acre tract 2499.01 feet to a point, and
33-14 5. S 2816'18" W, 809.21 feet to a point in the curving north
33-15 R.O.W. line of Southwest Parkway and being the south line of
33-16 said 328.134 acre tract;
33-17 THENCE along the north line of said Southwest Parkway continuing
33-18 along the south line of the said 328.134 acre tract the following
33-19 three (3) courses:
33-20 1. a distance of 609.31 feet along the arc of a curve to the
33-21 left having a central angle of 1846'09", a radius of 1860.00
33-22 feet and a chord bearing N 5729'12" W, 606.59 feet to a
33-23 point,
33-24 2. N 5913'10" W, 105.23 feet to a point, and
33-25 3. a distance of 414.10 feet along the arc of a curve to the
33-26 left having a central angle of 1239'14", a radius of 1875.00
33-27 feet and a chord bearing N 7619'24" W, 413.26 feet to a
33-28 point;
33-29 THENCE, departing the north line of said Southwest Parkway,
33-30 continuing along the south, west and north lines of the said
33-31 328.134 acre tract the following twenty-one (21) courses:
33-32 1. N 6125'39" W, 1858.86 feet to a point,
33-33 2. N 2741'03" E, 3410.60 feet to a point,
33-34 3. S 4258'12" E, 73.41 feet to a point,
33-35 4. S 6436'26" E, 84.55 feet to a point,
33-36 5. S 4604'26" E, 182.17 feet to a point,
33-37 6. S 3511'26" E, 118.67 feet to a point,
33-38 7. S 4222'26" E, 101.10 feet to a point,
33-39 8. S 0154'26" E, 76.69 feet to a point,
33-40 9. S 8558'26" E, 1188.78 feet to a point,
33-41 10. S 7731'26" E, 116.03 feet to a point,
33-42 11. S 6247'26" E, 357.13 feet to a point,
33-43 12. N 4836'34" E, 108.47 feet to a point,
33-44 13. N 7234'34" E, 199.51 feet to a point,
33-45 14. N 8957'34" E, 118.40 feet to a point,
33-46 15. N 7137'34" E, 239.19 feet to a point,
33-47 16. N 3148'34" E, 169.24 feet to a point,
33-48 17. N 5758'34" E, 97.00 feet to a point,
33-49 18. N 2844'34" E, 121.79 feet to a point,
33-50 19. N 5040'34" E, 109.40 feet to a point,
33-51 20. S 4111'26" E, 116.03 feet to a point, and
33-52 21. S 8618'26" E, 201.02 feet to the most northerly northeast
33-53 corner of the said 328.134 acre tract;
33-54 THENCE, departing the said north line of the 328.134 acre tract,
33-55 crossing the said 328.134 acre tract and the said 838.057 acre
33-56 tract in a southeasterly direction the following eighteen (18)
33-57 courses:
33-58 1. S 0703'35" W, 141.24 feet to a point,
33-59 2. S 0134'10" E, 103.43 feet to a point,
33-60 3. S 1220'20" E, 321.13 feet to a point,
33-61 4. S 1019'03" E, 346.51 feet to a point,
33-62 5. S 5813'23" E, 390.00 feet to a point,
33-63 6. N 8031'28" E, 338.09 feet to a point of curvature,
33-64 7. a distance of 309.58 feet along the arc of a curve to the
33-65 left having a central angle of 2458'58", a radius of 710.00
33-66 feet and a chord bearing S 1105'59" E, 307.14 feet to the
33-67 point of tangency,
33-68 8. S 2335'28" E, 471.53 feet to a point of curvature,
33-69 9. a distance of 39.10 feet along the arc of a curve to the
33-70 right having a central angle of 8936'35", a radius of 25.00
34-1 feet and a chord bearing S 2112'51" W, 35.23 feet to the
34-2 point of reverse curvature,
34-3 10. a distance of 1048.34 feet along the arc of a curve to the
34-4 right having a central angle of 5436'17", a radius of
34-5 1100.00 feet and a chord bearing S 8640'43" E, 1009.11 feet
34-6 to the point of tangency,
34-7 11. S 5922'34" E, 329.18 feet to a point of curvature,
34-8 12. a distance of 649.80 feet along the arc of a curve to the
34-9 right having a central angle of 3703'32", a radius of
34-10 1000.00 feet and a chord bearing S 4050'48" E, 635.58 feet
34-11 to the point of reverse curvature,
34-12 13. a distance of 22.60 feet along the arc of a curve to the left
34-13 having a central angle of 8618'27", a radius of 15.00 feet
34-14 and a chord bearing S 6528'16" E, 20.52 feet to the point of
34-15 tangency,
34-16 14. N 7122'31" E, 123.16 feet to a point of curvature,
34-17 15. a distance of 330.08 feet along the arc of a curve to the
34-18 left having a central angle of 1432'52", a radius of 1300.00
34-19 feet and a chord bearing N 7838'57" E, 329.19 feet to the
34-20 point of tangency,
34-21 16. N 8555'22" E, 255.56 feet to a point of curvature,
34-22 17. a distance of 342.31 feet along the arc of a curve to the
34-23 left having a central angle of 2430'59", a radius of 800.00
34-24 feet and a chord bearing N 7339'53" E, 339.71 feet to the
34-25 point of tangency, and
34-26 18. N 6124'23" E, 778.33 feet to a point in the east line of the
34-27 said 838.057 acre tract;
34-28 THENCE along the east line of the said 838.057 acre tract the
34-29 following seven (7) courses:
34-30 1. S 1140'34" W, 555.03 feet to a point,
34-31 2. S 2753'34" W, 265.63 feet to a point,
34-32 3. S 2816'34" W, 335.92 feet to a point,
34-33 4. S 2819'34" W, 1353.38 feet to a point,
34-34 5. S 6245'26" E, 1125.25 feet to a point,
34-35 6. S 3038'34" W, 324.75 feet to a point, and
34-36 7. S 2841'34" W, 2000.53 feet to the POINT OF BEGINNING
34-37 containing 708.26 acres of land more or less.
34-38 SECTION 6.04. FINDINGS RELATING TO BOUNDARIES. The
34-39 legislature finds that the boundaries and field notes of the
34-40 district form a closure. A mistake in the field notes or in
34-41 copying the field notes in the legislative process does not affect
34-42 the organization, existence, or validity of the district, the right
34-43 of the district to levy and collect taxes, or the legality or
34-44 operation of the district or its governing body.
34-45 SECTION 6.05. FINDING OF BENEFIT. All of the land and other
34-46 property included within the boundaries of the district will be
34-47 benefited by the works and projects that are to be accomplished by
34-48 the district under the powers conferred by Section 59, Article XVI,
34-49 Texas Constitution. The district is created to serve a public use
34-50 and benefit.
34-51 SECTION 6.06. POWERS. (a) The district has all of the
34-52 rights, powers, privileges, authority, functions, and duties
34-53 provided by the general law of this state, including Chapters 50
34-54 and 54, Water Code, applicable to municipal utility districts
34-55 created under Section 59, Article XVI, Texas Constitution. This
34-56 article prevails over any provision of general law that is in
34-57 conflict or inconsistent with this article.
34-58 (b) The rights, powers, privileges, authority, functions,
34-59 and duties of the district are subject to the continuing right of
34-60 supervision of the state to be exercised by and through the
34-61 commission.
34-62 SECTION 6.07. BOARD OF DIRECTORS. (a) The district is
34-63 governed by a board of five directors.
34-64 (b) Temporary directors serve until initial permanent
34-65 directors are elected under Section 6.09 of this article.
34-66 (c) Initial permanent directors serve until permanent
34-67 directors are elected under Section 6.10 of this article.
34-68 (d) Permanent directors other than initial permanent
34-69 directors serve staggered four-year terms.
34-70 (e) Each director must qualify to serve as director in the
35-1 manner provided by Section 54.025 or 54.116, Water Code, as
35-2 appropriate.
35-3 (f) A director serves until the director's successor has
35-4 qualified.
35-5 SECTION 6.08. TEMPORARY DIRECTORS. (a) The temporary board
35-6 of directors is composed of:
35-7 (1) John Jansing
35-8 (2) Mark Scott
35-9 (3) Dick Obenhaus
35-10 (4) Bill Skeen
35-11 (5) Tom Nelson
35-12 (b) If a temporary director fails to qualify for office, the
35-13 temporary directors who have qualified shall appoint a person to
35-14 fill the vacancy. If at any time there are fewer than three
35-15 qualified temporary directors, the commission shall appoint the
35-16 necessary number of persons to fill all vacancies on the board.
35-17 SECTION 6.09. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
35-18 (a) The temporary board of directors shall call and hold an
35-19 election to confirm establishment of the district and to elect five
35-20 initial directors as provided by Chapter 54, Water Code.
35-21 (b) Subsection (a), Section 41.001, Election Code, does not
35-22 apply to a confirmation election held as provided by this section.
35-23 SECTION 6.10. ELECTION OF DIRECTORS. On the first Saturday
35-24 in May of the fourth year after the year in which the confirmation
35-25 election is held, an election shall be held in the district for the
35-26 election of two directors who shall each serve two-year terms and
35-27 three directors who shall serve four-year terms. Thereafter, on
35-28 the same date in each subsequent second year, the appropriate
35-29 number of directors shall be elected to the board.
35-30 SECTION 6.11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
35-31 No municipality in whose extraterritorial jurisdiction the district
35-32 is located shall pass any ordinances or resolutions or otherwise
35-33 take any actions which impair the ability of the district to
35-34 exercise its powers under this article or which would limit the
35-35 ability of the district to finance, construct, or operate its
35-36 water, wastewater, or drainage systems.
35-37 SECTION 6.12. ANNEXATION. The district may not be annexed
35-38 by a municipality in whose extraterritorial jurisdiction the
35-39 district lies without an affirmative vote of a majority of the
35-40 qualified voting electors at an election held by the district to
35-41 consider a proposition for or against such annexation.
35-42 SECTION 6.13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
35-43 INSTALLATION OF FACILITIES. If a municipality in whose
35-44 extraterritorial jurisdiction the district is located annexes the
35-45 district for full or limited purposes and the annexation precludes
35-46 or impairs the ability of the district to issue bonds, the
35-47 municipality shall, simultaneously with the annexation, pay in cash
35-48 to the landowner or developer of the district a sum equal to all
35-49 actual costs and expenses incurred by the landowner or developer in
35-50 connection with the district that the district has, in writing,
35-51 agreed to pay and that would otherwise have been eligible for
35-52 reimbursement from bond proceeds under the rules and requirements
35-53 of the commission as such rules and requirements exist on the date
35-54 of annexation. The municipality shall further be required to
35-55 install after annexation all necessary water, wastewater, and
35-56 drainage facilities to serve full buildout of development within
35-57 the district.
35-58 ARTICLE 7. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION,
35-59 AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 9.
35-60 SECTION 7.01. CREATION. (a) A conservation and reclamation
35-61 district, to be known as Travis County Municipal Utility District
35-62 No. 9, is created in Travis County, subject to approval at a
35-63 confirmation election under Section 7.09 of this article. The
35-64 district is a governmental agency and a body politic and corporate.
35-65 (b) The district is created under and is essential to
35-66 accomplish the purposes of Section 59, Article XVI, Texas
35-67 Constitution.
35-68 SECTION 7.02. DEFINITIONS. In this article:
35-69 (1) "Commission" means the Texas Natural Resource
35-70 Conservation Commission.
36-1 (2) "District" means Travis County Municipal Utility
36-2 District No. 9.
36-3 SECTION 7.03. BOUNDARIES. The district includes the
36-4 territory contained within the following area:
36-5 A DESCRIPTION, PREPARED IN THE OFFICE FROM INFORMATION OBTAINED
36-6 THROUGH PUBLIC RECORDS OF 319.38 ACRES OF LAND SITUATED IN THE
36-7 DRURY H. MINOR SURVEY NO. 416, THE H. BOND SURVEY NO. 54, THE A.
36-8 EANES SURVEY NO. 503, AND THE JOHN L. BRAY SURVEY NO. 72, TRAVIS
36-9 COUNTY, TEXAS, BEING ALL OF THAT CERTAIN 30.029 ACRE TRACT OF LAND
36-10 DESIGNATED AS TRACT 2 IN A DEED TO BARTON CREEK PROPERTIES INC.
36-11 RECORDED IN VOLUME 10927, PAGE 616 OF THE REAL PROPERTY RECORDS OF
36-12 TRAVIS COUNTY, TEXAS AND BEING ALL OF THAT CERTAIN 8.317 ACRE TRACT
36-13 OF LAND, DESIGNATED AS TRACT 1, CONVEYED TO BARTON CREEK PROPERTIES
36-14 INC. BY DEED RECORDED IN VOLUME 11068, PAGE 395 OF THE SAID REAL
36-15 PROPERTY RECORDS ALSO BEING PORTIONS OF THOSE CERTAIN TRACTS OF
36-16 LAND, AS LISTED BELOW, CONVEYED TO BARTON CREEK PROPERTIES INC. BY
36-17 DEEDS RECORDED IN THE SAID REAL PROPERTY RECORDS:
36-18 1. 205.015 ACRES, (TRACT 1), VOLUME 10778, PAGE 764,
36-19 2. 838.057 ACRES, (TRACT 1), VOLUME 10927, PAGE 616,
36-20 3. 30.997 ACRES, (TRACT ONE), VOLUME 10769, PAGE 1255,
36-21 4. 992.199 ACRES, VOLUME 10762, PAGE 517, AND
36-22 5. 3.989 ACRES, (TRACT 2), VOLUME 11068, PAGE 395,
36-23 SAID 319.38 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND
36-24 BOUNDS AS TRACT 1, CONTAINING 290.75 ACRES OF LAND MORE OR LESS,
36-25 AND TRACT 2, CONTAINING 28.63 ACRES OF LAND MORE OR LESS AS
36-26 FOLLOWS:
36-27 TRACT 1
36-28 BEGINNING at the most northerly corner of the said 8.317 acre
36-29 tract;
36-30 THENCE along the east lines of said 8.317 acre tract the following
36-31 four (4) courses:
36-32 1. S 3300'47" E, 401.00 feet to a point,
36-33 2. S 2653'00" E, 313.33 feet to a point,
36-34 3. S 0744'00" E, 308.82 feet to a point, and
36-35 4. S 0639'00" E, 128.93 feet to a point in the north line of
36-36 the said 838.057 acre tract;
36-37 THENCE along the north line of the said 838.057 acre tract the
36-38 following twelve (12) courses:
36-39 1. S 6840'26" E, 149.00 feet to a point,
36-40 2. S 7037'26" E, 148.73 feet to a point,
36-41 3. S 5405'26" E, 322.77 feet to a point,
36-42 4. N 8415'34" E, 354.85 feet to a point,
36-43 5. N 7300'34" E, 292.56 feet to a point,
36-44 6. N 5607'34" E, 294.03 feet to a point,
36-45 7. N 3246'34" E, 475.44 feet to a point,
36-46 8. N 2803'34" E, 245.38 feet to a point,
36-47 9. N 7332'34" E, 147.73 feet to a point,
36-48 10. N 8452'34" E, 282.22 feet to a point,
36-49 11. S 7726'26" E, 176.06 feet to a point, and
36-50 12. S 2904'26" E, 246.32 feet to a point in the north line of
36-51 Lost Creek Boulevard;
36-52 THENCE crossing said Lost Creek Boulevard, S 4836'40" E, 94.59
36-53 feet to a point in the south line of said Lost Creek Boulevard and
36-54 the north line of the said 838.057 acre tract;
36-55 THENCE along the south line of said Lost Creek Boulevard and the
36-56 north line of the said 838.057 acre tract, the following two (2)
36-57 courses:
36-58 1. a distance of 226.63 feet along the arc of a curve to the
36-59 right having a central angle of 1820'20", a radius of 708.06
36-60 feet and a chord bearing N 4540'44" E, 225.67 feet to a
36-61 point, and
36-62 2. N 7107'34" E, 184.23 feet to a point;
36-63 THENCE, leaving the south line of said Lost Creek Boulevard, along
36-64 the north and east lines of the said 838.057 acre tract the
36-65 following fourteen (14) courses:
36-66 1. S 4833'26" E, 303.92 feet to a point,
36-67 2. N 6630'34" E, 126.42 feet to a point,
36-68 3. S 4838'26" E, 198.98 feet to a point,
36-69 4. N 7316'34" E, 103.01 feet to a point,
36-70 5. N 6734'34" E, 182.29 feet to a point,
37-1 6. N 6212'34" E, 66.07 feet to a point,
37-2 7. N 1146'34" E, 77.73 feet to a point,
37-3 8. N 6108'34" E, 241.72 feet to a point,
37-4 9. N 6708'34" E, 148.51 feet to a point,
37-5 10. N 6403'34" E, 143.70 feet to a point,
37-6 11. N 7754'34" E, 81.30 feet to a point,
37-7 12. N 8826'34" E, 434.68 feet to a point,
37-8 13. S 8749'26" E, 335.00 feet to a point, and
37-9 14. S 2803'04" W, 4360.94 feet to a point for the southeast
37-10 corner hereof;
37-11 THENCE crossing the said 838.057 acre tract and the said 3.898 acre
37-12 tract the following fifteen (15) courses:
37-13 1. N 6154'48" W, 4932.44 feet to a point,
37-14 2. N 4321'11" E, 55.04 feet to a point,
37-15 3. N 8445'06" E, 237.82 feet to a point,
37-16 4. N 2613'18" E, 117.79 feet to a point,
37-17 5. N 1839'19" W, 151.88 feet to a point,
37-18 6. N 4205'26" W, 161.75 feet to a point,
37-19 7. N 0330'36" E, 186.13 feet to a point,
37-20 8. N 7024'45" E, 146.60 feet to a point,
37-21 9. S 4624'57" E, 152.05 feet to a point,
37-22 10. S 3340'48" E, 176.38 feet to a point,
37-23 11. S 7512'11" E, 79.78 feet to a point,
37-24 12. N 6448'30" E, 59.95 feet to a point,
37-25 13. N 2435'11" E, 275.91 feet to a point,
37-26 14. N 6548'32" E, 71.94 feet to a point, and
37-27 15. N 3916'02" E, 44.48 feet to a point on the north line of the
37-28 said 3.989 acre tract being the south R.O.W. line of said
37-29 Lost Creek Boulevard;
37-30 THENCE along the north line of the said 3.989 acre tract, N
37-31 8307'48" W, 114.94 feet to a point;
37-32 THENCE, departing the north line of the said 3.989 acre tract,
37-33 crossing said Lost Creek Boulevard N 0647'30" E, 80.00 feet to a
37-34 point on the north R.O.W. line of Lost Creek Boulevard for the
37-35 southwest corner of the said 8.317 acre tract;
37-36 THENCE along the west lines of the said 8.317 acre tract the
37-37 following five (5) courses:
37-38 1. N 3839'35" E, 230.63 feet to a point,
37-39 2. N 0306'25" W, 116.00 feet to a point,
37-40 3. N 4751'25" W, 136.30 feet to a point,
37-41 4. N 5003'25" W, 93.96 feet to a point, and
37-42 5. N 1852'35" E, 576.88 feet to the POINT OF BEGINNING of the
37-43 herein described TRACT 1 containing 290.75 acres of land more
37-44 or less.
37-45 TRACT 2
37-46 BEGINNING at the most northerly corner of that certain 8.081 acre
37-47 tract of land described in a general warranty deed to Barton Creek
37-48 Properties Inc. recorded in Volume 11604, Page 175 of the said Real
37-49 Property Records;
37-50 THENCE along the northwest line of the said 8.081 acre tract S
37-51 5943'04" W, 144.17 feet to a point;
37-52 THENCE, departing the said 8.081 acre tract, crossing the said
37-53 992.199 acre tract N 2052'55" E, 74.06 feet to the most southerly
37-54 southeast corner of that certain 45.107 acre tract of land
37-55 described in a general warranty deed to Barton Creek Properties
37-56 Inc. recorded in Volume 11604, Page 175 of the said Real Property
37-57 Records;
37-58 THENCE along easterly lines of the said 45.107 acre tract the
37-59 following six (6) courses:
37-60 1. N 2900'09" E, 202.95 feet to a point,
37-61 2. N 4746'42" W, 423.06 feet to a point,
37-62 3. N 7222'24" E, 508.89 feet to a point,
37-63 4. N 6903'49" E, 370.24 feet to a point,
37-64 5. S 5737'12" E, 149.20 feet to a point, and
37-65 6. N 7343'57" E, 280.95 feet to a point for the northeast
37-66 corner of the herein described 28.63 acre TRACT 2;
37-67 THENCE, departing the easterly lines of the said 45.107 acre tract,
37-68 crossing the said 992.199 acre tract and the said 30.997 acre tract
37-69 the following eight (8) courses:
37-70 1. S 0628'34" W, 186.19 feet to a point,
38-1 2. S 2630'40" W, 665.81 feet to a point,
38-2 3. S 0219'32" E, 394.32 feet to a point,
38-3 4. S 3344'58" W, 856.79 feet to a point,
38-4 5. S 0102'59" W, 382.06 feet to a point,
38-5 6. S 1954'01" E, 82.85 feet to a point,
38-6 7. N 6059'59" W, 299.86 feet to a point, and
38-7 8. N 0422'33" W, 443.70 feet to a point on the east line of the
38-8 said 8.081 acre tract;
38-9 THENCE along the east line of the said 8.081 acre tract the
38-10 following four (4) courses:
38-11 1. N 3332'28" E, 125.99 feet to a point,
38-12 2. N 1654'03" E, 250.42 feet to a point,
38-13 3. N 0041'49" E, 633.15 feet to a point, and
38-14 4. N 1524'28" W, 39.52 feet to the POINT OF BEGINNING of the
38-15 herein described TRACT 2 containing 28.63 acres of land more
38-16 or less.
38-17 The herein described TRACTS 1 and 2 totaling 319.38 acres of land
38-18 more or less.
38-19 SECTION 7.04. FINDINGS RELATING TO BOUNDARIES. The
38-20 legislature finds that the boundaries and field notes of the
38-21 district form a closure. A mistake in the field notes or in
38-22 copying the field notes in the legislative process does not affect
38-23 the organization, existence, or validity of the district, the right
38-24 of the district to levy and collect taxes, or the legality or
38-25 operation of the district or its governing body.
38-26 SECTION 7.05. FINDING OF BENEFIT. All of the land and other
38-27 property included within the boundaries of the district will be
38-28 benefited by the works and projects that are to be accomplished by
38-29 the district under the powers conferred by Section 59, Article XVI,
38-30 Texas Constitution. The district is created to serve a public use
38-31 and benefit.
38-32 SECTION 7.06. POWERS. (a) The district has all of the
38-33 rights, powers, privileges, authority, functions, and duties
38-34 provided by the general law of this state, including Chapters 50
38-35 and 54, Water Code, applicable to municipal utility districts
38-36 created under Section 59, Article XVI, Texas Constitution. This
38-37 article prevails over any provision of general law that is in
38-38 conflict or inconsistent with this article.
38-39 (b) The rights, powers, privileges, authority, functions,
38-40 and duties of the district are subject to the continuing right of
38-41 supervision of the state to be exercised by and through the
38-42 commission.
38-43 SECTION 7.07. BOARD OF DIRECTORS. (a) The district is
38-44 governed by a board of five directors.
38-45 (b) Temporary directors serve until initial permanent
38-46 directors are elected under Section 7.09 of this article.
38-47 (c) Initial permanent directors serve until permanent
38-48 directors are elected under Section 7.10 of this article.
38-49 (d) Permanent directors other than initial permanent
38-50 directors serve staggered four-year terms.
38-51 (e) Each director must qualify to serve as director in the
38-52 manner provided by Section 54.025 or 54.116, Water Code, as
38-53 appropriate.
38-54 (f) A director serves until the director's successor has
38-55 qualified.
38-56 SECTION 7.08. TEMPORARY DIRECTORS. (a) The temporary board
38-57 of directors is composed of:
38-58 (1) Ken Blaker
38-59 (2) Doug Agarwal
38-60 (3) Bob Kuhlman
38-61 (4) David R. Whiting
38-62 (5) John Bernardoni
38-63 (b) If a temporary director fails to qualify for office, the
38-64 temporary directors who have qualified shall appoint a person to
38-65 fill the vacancy. If at any time there are fewer than three
38-66 qualified temporary directors, the commission shall appoint the
38-67 necessary number of persons to fill all vacancies on the board.
38-68 SECTION 7.09. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
38-69 (a) The temporary board of directors shall call and hold an
38-70 election to confirm establishment of the district and to elect five
39-1 initial directors as provided by Chapter 54, Water Code.
39-2 (b) Subsection (a), Section 41.001, Election Code, does not
39-3 apply to a confirmation election held as provided by this section.
39-4 SECTION 7.10. ELECTION OF DIRECTORS. On the first Saturday
39-5 in May of the fourth year after the year in which the confirmation
39-6 election is held, an election shall be held in the district for the
39-7 election of two directors who shall each serve two-year terms and
39-8 three directors who shall serve four-year terms. Thereafter, on
39-9 the same date in each subsequent second year, the appropriate
39-10 number of directors shall be elected to the board.
39-11 SECTION 7.11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
39-12 No municipality in whose extraterritorial jurisdiction the district
39-13 is located shall pass any ordinances or resolutions or otherwise
39-14 take any actions which impair the ability of the district to
39-15 exercise its powers under this article or which would limit the
39-16 ability of the district to finance, construct, or operate its
39-17 water, wastewater, or drainage systems.
39-18 SECTION 7.12. ANNEXATION. The district may not be annexed
39-19 by a municipality in whose extraterritorial jurisdiction the
39-20 district lies without an affirmative vote of a majority of the
39-21 qualified voting electors at an election held by the district to
39-22 consider a proposition for or against such annexation.
39-23 SECTION 7.13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
39-24 INSTALLATION OF FACILITIES. If a municipality in whose
39-25 extraterritorial jurisdiction the district is located annexes the
39-26 district for full or limited purposes and the annexation precludes
39-27 or impairs the ability of the district to issue bonds, the
39-28 municipality shall, simultaneously with the annexation, pay in cash
39-29 to the landowner or developer of the district a sum equal to all
39-30 actual costs and expenses incurred by the landowner or developer in
39-31 connection with the district that the district has, in writing,
39-32 agreed to pay and that would otherwise have been eligible for
39-33 reimbursement from bond proceeds under the rules and requirements
39-34 of the commission as such rules and requirements exist on the date
39-35 of annexation. The municipality shall further be required to
39-36 install after annexation all necessary water, wastewater, and
39-37 drainage facilities to serve full buildout of development within
39-38 the district.
39-39 ARTICLE 8. FINDINGS; EMERGENCY
39-40 SECTION 8.01. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
39-41 (a) The proper and legal notice of the intention to introduce this
39-42 Act, setting forth the general substance of this Act, has been
39-43 published as provided by law, and the notice and a copy of this Act
39-44 have been furnished to all persons, agencies, officials, or
39-45 entities to which they are required to be furnished by the
39-46 constitution and other laws of this state, including the governor,
39-47 who has submitted the notice and Act to the Texas Natural Resource
39-48 Conservation Commission.
39-49 (b) The Texas Natural Resource Conservation Commission has
39-50 filed its recommendations relating to this Act with the governor,
39-51 lieutenant governor, and speaker of the house of representatives
39-52 within the required time.
39-53 (c) All requirements of the constitution and laws of this
39-54 state and the rules and procedures of the legislature with respect
39-55 to the notice, introduction, and passage of this Act are fulfilled
39-56 and accomplished.
39-57 SECTION 8.02. EMERGENCY. The importance of this legislation
39-58 and the crowded condition of the calendars in both houses create an
39-59 emergency and an imperative public necessity that the
39-60 constitutional rule requiring bills to be read on three several
39-61 days in each house be suspended, and this rule is hereby suspended,
39-62 and that this Act take effect and be in force from and after its
39-63 passage, and it is so enacted.
39-64 * * * * *