By Wentworth S.B. No. 1700
74R11907 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Southwest Travis County Water
1-4 District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE 1. GENERAL PROVISIONS
1-7 SECTION 1.01. CREATION. (a) A conservation and reclamation
1-8 district, to be known as the Southwest Travis County Water
1-9 District, is created in Travis County. A confirmation election is
1-10 not necessary. The district is a governmental agency and a body
1-11 politic and corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Section 59, Article XVI, Texas
1-14 Constitution.
1-15 SECTION 1.02. DEFINITIONS. In this Act:
1-16 (1) "Board" means the board of directors of the
1-17 district.
1-18 (2) "Commission" means the Texas Natural Resource
1-19 Conservation Commission.
1-20 (3) "Director" means a member of the board.
1-21 (4) "Disposal system" means any system for disposing
1-22 of waste, including a sewer system, drainage system, or treatment
1-23 facility.
1-24 (5) "District" means the Southwest Travis County Water
2-1 District.
2-2 (6) "Local government" means a municipality, county,
2-3 river authority, or water district or authority acting under
2-4 Section 52, Article III, or Section 59, Article XVI, Texas
2-5 Constitution.
2-6 (7) "Person" has the meaning assigned by Section
2-7 311.005, Government Code.
2-8 (8) "Pollution" has the meaning assigned by Section
2-9 26.001, Water Code.
2-10 (9) "System" means a network of pipelines, conduits,
2-11 canals, pumping stations, force mains, and all other constructions,
2-12 devices, and related appliances used to transport water or waste.
2-13 (10) "Treatment facility" means a plant, disposal
2-14 field, lagoon, incinerator, sanitary landfill, or other facility
2-15 installed for the purpose of treating, neutralizing, or stabilizing
2-16 waste.
2-17 (11) "Waste" means waterborne liquid, gaseous, or
2-18 solid substances that result from a discharge from a treatment
2-19 facility or disposal system.
2-20 (12) "Water" means groundwater, percolating or
2-21 otherwise, and a lake, pond, impounding reservoir, spring, river,
2-22 stream, creek, canal, or any other surface water, natural or
2-23 artificial, navigable or nonnavigable, that is wholly or partially
2-24 in the district.
2-25 ARTICLE 2. ADMINISTRATIVE PROVISIONS
2-26 SECTION 2.01. BOARD. (a) The district's powers, rights,
2-27 duties, and functions are exercised by a board of directors.
3-1 (b) The board consists of:
3-2 (1) three members appointed by the governor;
3-3 (2) three members appointed by the lieutenant
3-4 governor; and
3-5 (3) three additional members appointed by the
3-6 lieutenant governor from a list provided by the speaker of the
3-7 house of representatives.
3-8 (c) In appointing members under Subsection (b)(3) of this
3-9 section, the lieutenant governor may reject the names on the list
3-10 and request another list from the speaker.
3-11 SECTION 2.02. DIRECTOR ELIGIBILITY. To be eligible for
3-12 appointment as a director, a person must be a resident of Travis
3-13 County. At least five of the directors must reside in the
3-14 district.
3-15 SECTION 2.03. TERMS OF DIRECTORS AND APPOINTMENT PROCEDURES.
3-16 (a) Other than initial directors, directors are appointed for
3-17 staggered terms of six years with three members' terms expiring
3-18 September 1 of each odd-numbered year.
3-19 (b) Appointment of initial directors shall be made promptly
3-20 after this Act takes effect. The governor and lieutenant governor
3-21 each shall appoint one initial director to serve a term expiring
3-22 September 1, 1997, one initial director to serve a term expiring
3-23 September 1, 1999, and one initial director to serve a term
3-24 expiring September 1, 2001. In addition, the lieutenant governor
3-25 shall appoint three initial directors from a list provided by the
3-26 speaker of the house of representatives with one to serve a term
3-27 expiring September 1, 1997, one to serve a term expiring September
4-1 1, 1999, and one to serve a term expiring September 1, 2001.
4-2 (c) When a director's term expires, the person who appointed
4-3 the director shall appoint a successor.
4-4 (d) When a director dies, resigns, or is otherwise removed,
4-5 the person who appointed the director shall appoint a successor to
4-6 serve for the unexpired term.
4-7 SECTION 2.04. QUALIFICATION OF DIRECTOR. Each director must
4-8 qualify to serve as director in the manner provided by Sections
4-9 51.078 and 51.079, Water Code. The district shall pay the premiums
4-10 for each director's bond required under Section 51.079, Water Code.
4-11 SECTION 2.05. MEETINGS AND ACTIONS OF THE BOARD. (a) The
4-12 board shall adopt bylaws at its first meeting or as soon after the
4-13 first meeting as is practicable.
4-14 (b) The board shall meet at least four times each year, and
4-15 may meet at any other time provided in its bylaws.
4-16 (c) A majority of the directors constitutes a quorum for the
4-17 transaction of business. Except as otherwise provided in this Act,
4-18 the vote of a majority of directors present at a meeting at which a
4-19 quorum is present is required for board action.
4-20 SECTION 2.06. ORGANIZATION OF BOARD. (a) The board shall
4-21 elect from its members a chair, vice chair, secretary, and other
4-22 officers as necessary. A person elected to a board office serves
4-23 in that capacity for a period of two years or until the person
4-24 ceases to be a director, whichever occurs first. An officer's
4-25 period of service begins at a time provided by the bylaws.
4-26 (b) If a vacancy occurs in a board office, the directors
4-27 shall elect a person to fill the unexpired period of service at the
5-1 next board meeting.
5-2 (c) The board by its bylaws shall prescribe:
5-3 (1) the powers and duties of each board office; and
5-4 (2) procedures to remove a director from a board
5-5 office.
5-6 SECTION 2.07. INTEREST IN CONTRACT. A director who is
5-7 financially interested in a contract proposed to be executed by the
5-8 district for the purchase of property or services or the
5-9 construction of facilities shall disclose the interest to the board
5-10 and may not vote on acceptance of the contract.
5-11 SECTION 2.08. DIRECTOR'S COMPENSATION. (a) Subject to
5-12 Subsection (b), a director is entitled to receive an allowance of
5-13 $50 a day and reimbursement for actual and necessary expenses
5-14 incurred:
5-15 (1) for each day the director attends a meeting of the
5-16 board; and
5-17 (2) for each day the board authorizes the director to
5-18 attend to district business.
5-19 (b) A director may not receive a per diem allowance for more
5-20 than 20 days in a calendar year.
5-21 SECTION 2.09. GENERAL MANAGER. (a) The board shall employ
5-22 a general manager for a term and salary set by the board.
5-23 (b) The general manager is the chief executive officer of
5-24 the district. In accordance with policies adopted by the board,
5-25 the general manager is responsible for:
5-26 (1) administering the board's directives;
5-27 (2) keeping the district's records, including minutes
6-1 of board meetings;
6-2 (3) coordinating with state, federal, and local
6-3 agencies;
6-4 (4) developing plans and programs for the board's
6-5 approval;
6-6 (5) hiring, supervising, training, and discharging the
6-7 district's employees;
6-8 (6) obtaining technical, scientific, legal, fiscal,
6-9 and other professional services; and
6-10 (7) performing any other duties the board assigns.
6-11 (c) The board may discharge the general manager.
6-12 SECTION 2.10. EMPLOYEES BONDS. (a) The general manager and
6-13 each employee of the district who is charged with the collection,
6-14 custody, or payment of any money of the district shall execute a
6-15 fidelity bond in an amount determined by the board and in a form
6-16 and with a surety approved by the board.
6-17 (b) The district shall pay the premiums on the employees'
6-18 bonds under this section.
6-19 SECTION 2.11. PRINCIPAL OFFICE. The district shall maintain
6-20 its principal office inside the district.
6-21 SECTION 2.12. RECORDS. (a) The district shall keep:
6-22 (1) complete and accurate accounts of its business
6-23 transactions in accordance with generally accepted methods of
6-24 accounting;
6-25 (2) complete and accurate minutes of its meetings; and
6-26 (3) its accounts, contracts, documents, minutes, and
6-27 other records at its principal office.
7-1 (b) The district shall permit reasonable public inspection
7-2 of its records during regular business hours.
7-3 SECTION 2.13. SEAL. The district shall adopt a seal and may
7-4 change the seal from time to time.
7-5 SECTION 2.14. SUIT. The district may sue and be sued in its
7-6 corporate name.
7-7 ARTICLE 3. POWERS AND DUTIES
7-8 SECTION 3.01. GENERAL POWERS AND DUTIES. (a) The district
7-9 shall:
7-10 (1) administer and enforce the terms of this Act;
7-11 (2) use its facilities and powers to accomplish the
7-12 purposes of this Act;
7-13 (3) coordinate the provision of water, wastewater,
7-14 solid waste disposal, and drainage services in the district; and
7-15 (4) control and abate water pollution in the district.
7-16 (b) Except as otherwise provided in this Act, the creation
7-17 of a local government or political subdivision in the district is
7-18 prohibited unless approved by board resolution. Annexation of
7-19 district territory by a local government or political subdivision
7-20 is prohibited unless approved by all owners of land to be annexed
7-21 and by board resolution. All area within the district is removed
7-22 and excluded from the extraterritorial jurisdiction of any local
7-23 government or other political subdivision in the state.
7-24 (c) Subject only to the commission's authority, the district
7-25 has exclusive authority in the district, superseding the authority
7-26 of any local government, to:
7-27 (1) regulate septic tanks;
8-1 (2) prohibit the pollution of and enforce rules
8-2 regarding any stream, drain, or tributary that may constitute a
8-3 source of water supply;
8-4 (3) adopt and enforce rules protecting a watershed;
8-5 (4) provide for the protection and management of an
8-6 endangered species located within the district or affected by
8-7 activities in the district;
8-8 (5) regulate the subdivision of land;
8-9 (6) regulate all zoning and land use;
8-10 (7) regulate resource extraction activities; and
8-11 (8) regulate the use and development of public
8-12 parkland.
8-13 (d) Subject only to the commission's authority, the district
8-14 has exclusive authority, superseding the authority of any local
8-15 government, to:
8-16 (1) coordinate the provision of water, wastewater,
8-17 solid waste disposal, or drainage services within, to, or from the
8-18 district; and
8-19 (2) control or abate water pollution within or caused
8-20 within the district.
8-21 (e) Except as expressly limited by this Act, the district
8-22 has all powers, rights, and privileges necessary and convenient for
8-23 accomplishing the purposes of this Act that are conferred by
8-24 general law upon any conservation and reclamation district created
8-25 pursuant to Section 59, Article XVI, Texas Constitution.
8-26 (f) The powers granted to the district in this Act are
8-27 cumulative of all powers granted by other law.
9-1 SECTION 3.02. DISTRICT RULES. (a) The district shall adopt
9-2 and enforce rules reasonably required to implement this Act,
9-3 including rules governing procedure and practice before the board.
9-4 (b) The district shall print its rules and furnish copies of
9-5 the rules to any person on written request.
9-6 SECTION 3.03. INSPECTIONS AND INVESTIGATIONS. The district
9-7 may enter public or private property in the district's territory
9-8 for the purpose of inspecting and investigating conditions relating
9-9 to its authorized purposes under the same provisions and
9-10 restrictions applicable to the commission.
9-11 SECTION 3.04. HEARING AND ORDER. (a) The board may:
9-12 (1) hold hearings, receive evidence from any party in
9-13 interest who appears before the board, compel the attendance of
9-14 witnesses, and make findings of fact and determinations with
9-15 respect to administering this Act or any order or rule of the
9-16 district; and
9-17 (2) delegate to one or more of its members or
9-18 employees the authority to take testimony and administer oaths in
9-19 any hearing held or authorized to be held by the district.
9-20 (b) An order of the board must be:
9-21 (1) in the district's name; and
9-22 (2) attested by proper members of the board under the
9-23 district's rules.
9-24 SECTION 3.05. CIVIL PENALTY; INJUNCTION. (a) A person who
9-25 violates a rule, permit, or order of the district is subject to a
9-26 civil penalty of not less than $50 and not more than $1,000 for
9-27 each violation or each day of a continuing violation.
10-1 (b) The district may sue to recover the penalty in a
10-2 district court in the county where the violation occurred. The
10-3 penalty shall be paid to the district.
10-4 (c) The district may sue for injunctive relief in a district
10-5 court in the county where a violation of its rule, permit, or order
10-6 occurs or is threatened to occur. The court may grant to the
10-7 district, without bond or other undertaking, a prohibitory or
10-8 mandatory injunction that the facts warrant, including a temporary
10-9 restraining order, temporary injunction, or permanent injunction.
10-10 (d) The district may sue for injunctive relief and a civil
10-11 penalty in the same proceeding.
10-12 (e) The commission is a necessary party to a suit brought
10-13 under this section.
10-14 SECTION 3.06. COURT REVIEW. (a) A person who is adversely
10-15 affected by a rule, act, or order of the district may sue the
10-16 district in district court to set aside the rule, act, or order.
10-17 (b) The suit must be filed not later than the 60th day after
10-18 the date on which the rule, act, or order takes effect.
10-19 (c) Venue for a suit under this section is in Hays County.
10-20 (d) If a person challenges in court the validity of all or
10-21 any portion of this Act and does not prevail in the challenge, the
10-22 court shall order the person to pay the reasonable attorney's fees,
10-23 expert witness fees, and other costs incurred by all opposing
10-24 parties in defending this Act.
10-25 SECTION 3.07. WATER QUALITY STANDARDS AND CRITERIA. (a)
10-26 The board shall prescribe a water pollution control and abatement
10-27 program for the district after public hearing. The program must:
11-1 (1) apply equally and uniformly throughout the
11-2 district; and
11-3 (2) be designed to achieve state water quality
11-4 standards adopted by the commission and in effect on January 1,
11-5 1995.
11-6 (b) The district shall submit the program to the commission
11-7 for review and approval. The commission by rule may provide
11-8 criteria for the review and approval of the program, based on
11-9 achieving state water quality standards adopted by the commission
11-10 and in effect on January 1, 1995.
11-11 (c) If the commission finds that the proposed program will
11-12 not achieve state water quality standards, it shall notify the
11-13 district in writing of the specific objections not later than the
11-14 30th day after receipt of the proposed program. The district may
11-15 amend the proposed program in response to the commission's
11-16 objections. If the district amends the proposed program in
11-17 response to the commission's objections, the commission shall
11-18 promptly notify the district in writing whether the commission
11-19 approves the proposal as amended.
11-20 (d) If the commission does not notify the district that it
11-21 objects to the proposed program as required by Subsection (c), the
11-22 program shall become operative on the 31st day after the commission
11-23 receives the proposed program. If the commission notifies the
11-24 district as required by Subsection (c) that it finds the proposed
11-25 program will not achieve state water quality standards, the program
11-26 may not become operative until the date on which the commission
11-27 approves the program.
12-1 (e) The commission shall adopt and assess fees adequate to
12-2 recover the costs of the commission in administering this section.
12-3 SECTION 3.08. WATER, WASTEWATER, OR DRAINAGE CONTROL PLANS.
12-4 (a) The district shall, as needed, develop, prepare, and revise
12-5 comprehensive water, wastewater, or drainage control plans for
12-6 various areas of the district. The plans must be consistent with
12-7 state water quality standards adopted by the commission and in
12-8 effect on January 1, 1995.
12-9 (b) This Act does not authorize the district to:
12-10 (1) develop, own, or operate a surface water dam or
12-11 reservoir for potable water supply purposes; or
12-12 (2) limit or supersede an existing water management
12-13 plan, water right, or water supply or wastewater treatment facility
12-14 of a conservation and reclamation district in existence on the
12-15 effective date of this Act the territory of which comprises at
12-16 least three counties and includes all or part of the district
12-17 territory.
12-18 SECTION 3.09. REGULATION OF SOLID WASTE. (a) The district
12-19 has the powers and duties relating to the regulation of solid waste
12-20 granted to a local government under Subchapter E, Chapter 361, and
12-21 Chapter 364, Health and Safety Code.
12-22 (b) The district may adopt rules to implement the powers and
12-23 duties authorized by this section.
12-24 SECTION 3.10. SEPTIC TANKS. (a) If the district finds that
12-25 the nature of the soil or drainage in the district requires
12-26 regulation of septic tanks to prevent water pollution or to
12-27 protect the public health, the district by rule may:
13-1 (1) restrict the number and types of septic tanks
13-2 permitted in a specified area;
13-3 (2) forbid the use of a septic tank in a specified
13-4 area;
13-5 (3) forbid the installation of a new septic tank in a
13-6 specified area;
13-7 (4) establish a permit system for the installation of
13-8 a new septic tank in a specified area; or
13-9 (5) seek a gradual reduction of the number or types of
13-10 septic tanks in a specified area.
13-11 (b) Before the board adopts a rule under this section, the
13-12 board shall:
13-13 (1) consult with the commission; and
13-14 (2) hold a public hearing in the area to be affected
13-15 by the rule.
13-16 SECTION 3.11. SUBDIVISIONS. (a) Subject only to the power
13-17 and jurisdiction, as modified by this Act, of a county under
13-18 Chapter 232, Local Government Code, the district has the exclusive
13-19 power and jurisdiction, superseding the power and jurisdiction of
13-20 any other local government, to approve a plat or replat required of
13-21 a tract of land located within the district. A plat or replat may
13-22 not be filed with the county clerk without the approval of both the
13-23 district and the county with jurisdiction over the land. If a
13-24 county regulation regarding the subdivision of land conflicts with
13-25 a district regulation, the district regulation supersedes the
13-26 county regulation.
13-27 (b) Subject to Subsection (a) of this section, the district
14-1 and the county must approve a plat or replat that satisfies the
14-2 uniform, nondiscriminatory requirements established by the
14-3 commissioners court of the county under Section 232.003, Local
14-4 Government Code. The district and the county shall act on a plat
14-5 or replat not later than the 30th day after the date the plat or
14-6 replat is filed. A plat or replat is approved unless before the
14-7 31st day after the date the plat or replat is filed:
14-8 (1) the plat or replat is expressly disapproved; and
14-9 (2) a statement of the specific manner in which the
14-10 plat or replat fails to satisfy all applicable regulations is given
14-11 to the owner of the land included in the plat or replat.
14-12 (c) With respect to land within the district, the district
14-13 and a county may not regulate:
14-14 (1) the use of any building or property for business,
14-15 industrial, residential, or other purposes;
14-16 (2) the size, bulk, height, location, or number of
14-17 buildings and other structures that may be constructed or the ratio
14-18 of building area to land area;
14-19 (3) the number of residential units that may be built;
14-20 or
14-21 (4) the size of yards, courts, other open areas, or
14-22 the impervious cover that may be constructed on a tract of land.
14-23 SECTION 3.12. MUNICIPAL UTILITY DISTRICTS. (a) The
14-24 creation of a municipal utility district in the district shall be
14-25 regulated only by the commission. The consent of the district or
14-26 any local government or other political subdivision in the state is
14-27 not required to create a municipal utility district in the
15-1 district.
15-2 (b) The district has exclusive authority to enforce, amend,
15-3 or terminate the provisions of any agreement between or that
15-4 applies to a municipal utility district located within the district
15-5 and any local government or other political subdivision in the
15-6 state relating to:
15-7 (1) land use or site plans;
15-8 (2) restrictive covenants;
15-9 (3) the provision of drainage and solid waste disposal
15-10 services;
15-11 (4) the regulation of septic tanks;
15-12 (5) the control and abatement of water pollution;
15-13 (6) the prohibition of pollution and policing of any
15-14 source of water supply; or
15-15 (7) the protection and policing of watersheds within
15-16 the district.
15-17 (c) The authority granted by Subsection (b) of this section
15-18 supersedes the authority of any local government or other political
15-19 subdivision in the state regarding the matters described by
15-20 Subsection (b) of this section.
15-21 (d) The rules of the district in effect at the time a
15-22 petition for creation of a municipal utility district is filed with
15-23 the commission remain applicable to all land within the municipal
15-24 utility district until all bonds issued by the municipal utility
15-25 district have been paid. After a municipal utility district issues
15-26 bonds for a project approved by the commission, the district or a
15-27 local government or other political subdivision of the state may
16-1 not impose a requirement or condition on the municipal utility
16-2 district that may adversely affect the data, profiles, maps, plans
16-3 and specifications, or land use used to determine the feasibility
16-4 of the project or the financial feasibility or tax base of the
16-5 municipal utility district, unless the requirement or condition is
16-6 made specifically to comply with state or federal law or applies
16-7 only after the bonds issued by the municipal utility district have
16-8 been paid. Any requirement or condition imposed on a municipal
16-9 utility district in conflict with this section is void.
16-10 SECTION 3.13. ACQUISITION, CONSTRUCTION, AND OPERATION OF
16-11 SYSTEMS. The district may:
16-12 (1) acquire and provide by purchase, gift, or lease
16-13 any water service, wastewater service, drainage service, or
16-14 disposal service within the district;
16-15 (2) construct a disposal system and provide disposal
16-16 services within the district;
16-17 (3) operate or sell a disposal system the district
16-18 constructs or acquires;
16-19 (4) contract with any person to operate or maintain a
16-20 disposal system the person owns; and
16-21 (5) contract with any person to train or supervise
16-22 employees of a disposal system.
16-23 SECTION 3.14. SYSTEM CONTRACTS. (a) The district may
16-24 contract to receive and treat or dispose of water, wastewater,
16-25 drainage, or wastes from any person in the district.
16-26 (b) In a contract under this section, the district shall set
16-27 fees on the basis of:
17-1 (1) the quality and quantity of the water, wastewater,
17-2 drainage, or waste;
17-3 (2) the difficulty in treating or disposing of the
17-4 water, wastewater, drainage, or waste;
17-5 (3) operation and maintenance expenses and debt
17-6 retirement service costs; and
17-7 (4) any other reasonable consideration.
17-8 SECTION 3.15. SALE OF WATER OR BY-PRODUCT. The district may
17-9 store and sell:
17-10 (1) water; or
17-11 (2) a by-product from the district's operations.
17-12 SECTION 3.16. PERMITS FROM COMMISSION. (a) The district
17-13 may apply to the commission for a permit to appropriate water.
17-14 (b) The district may apply to the commission for a water
17-15 storage or use permit to store and sell water under Section 3.13 of
17-16 this Act.
17-17 SECTION 3.17. EMINENT DOMAIN. (a) Except as provided by
17-18 Subsection (b), the district may exercise the power of eminent
17-19 domain under Chapter 21, Property Code, to acquire property of any
17-20 kind in Travis County that is:
17-21 (1) appropriate for the exercise of the district's
17-22 functions; and
17-23 (2) within the district or adjacent to the district.
17-24 (b) The district may not exercise the power of eminent
17-25 domain to acquire the property of a conservation and reclamation
17-26 district in existence on the effective date of this Act the
17-27 territory of which comprises at least three counties and includes
18-1 all or part of the district territory.
18-2 SECTION 3.18. RELOCATION OF FACILITIES. If the district
18-3 requires relocating, raising, lowering, rerouting, changing the
18-4 grade of, or altering the construction of a railroad, highway,
18-5 pipeline, or an electric transmission or distribution, telegraph,
18-6 or telephone line conduit, pole, or facility, the district shall
18-7 pay the cost of that action so as to provide comparable replacement
18-8 of any replaced facility, less the replaced facility's net salvage
18-9 value.
18-10 SECTION 3.19. USE OF PUBLIC EASEMENTS. (a) The district
18-11 may use any public roadway, street, alley, or easement in Travis
18-12 County to accomplish its purposes, without the necessity of
18-13 securing a franchise or other governmental agreement.
18-14 (b) This section does not apply to an easement of a
18-15 conservation and reclamation district in existence on the effective
18-16 date of this Act the territory of which comprises at least three
18-17 counties and includes all or part of the district territory.
18-18 SECTION 3.20. ACQUISITION AND DISPOSITION OF PROPERTY. (a)
18-19 The district may purchase, lease, acquire by gift, maintain, use,
18-20 or operate property of any kind that is appropriate for the
18-21 exercise of its functions.
18-22 (b) The board may sell to the highest bidder, at a public or
18-23 private sale, or may exchange any property owned by the district
18-24 that is not required to carry out the district's purposes. Before
18-25 conducting a public or a private sale of property, the district
18-26 shall give notice of its intent to sell the property by publishing
18-27 notice once a week for two consecutive weeks in a newspaper of
19-1 general circulation in the district.
19-2 SECTION 3.21. FACILITIES. The district may acquire,
19-3 construct, extend, improve, maintain, reconstruct, use, or operate
19-4 any facility necessary or convenient to the exercise of its powers,
19-5 rights, duties, or functions.
19-6 SECTION 3.22. CONTRACTS. (a) The district may make
19-7 contracts and execute instruments necessary or convenient to the
19-8 exercise of its powers, rights, duties, or functions. The district
19-9 may not enter into a contract with a term greater than 50 years.
19-10 (b) This section does not prohibit the district from
19-11 purchasing surplus property from the United States through a
19-12 negotiated contract without bids.
19-13 (c) An officer, agent, or employee of the district who is
19-14 financially interested in a contract of the type described in
19-15 Subsection (b) of this section shall disclose the interest to the
19-16 board before the board votes on the acceptance of the contract.
19-17 (d) Notwithstanding any provision of a municipality's
19-18 charter, a contract between the district and a municipality need
19-19 not be submitted to the municipality's electorate.
19-20 SECTION 3.23. COOPERATIVE AGREEMENTS. The district may
19-21 enter into cooperative agreements with other local governments,
19-22 state agencies, or agencies of the United States:
19-23 (1) to perform water, wastewater, drainage, or waste
19-24 disposal management, inspection, and enforcement functions and to
19-25 give technical aid and education services to any party to the
19-26 agreement; and
19-27 (2) to transfer money or property to any party to the
20-1 agreement for the purpose of water quality and waste disposal
20-2 management, inspection, enforcement, and technical aid and
20-3 education.
20-4 ARTICLE 4. GENERAL FISCAL PROVISIONS
20-5 SECTION 4.01. DISBURSEMENT OF MONEY. The district may
20-6 disburse money only by check, draft, order, or other instrument
20-7 signed by the person or persons authorized in the board's bylaws or
20-8 by board resolution.
20-9 SECTION 4.02. FEES AND CHARGES. The district may establish
20-10 fees and charges not to exceed the amounts necessary to enable the
20-11 district to fulfill the obligations imposed on it by this Act.
20-12 SECTION 4.03. LOANS AND GRANTS. (a) The district may
20-13 borrow money and accept grants for its corporate purposes.
20-14 (b) The district may borrow money and accept grants from
20-15 private sources, the United States, the state, and local
20-16 governments. The district may enter into any agreement in
20-17 connection with a loan or grant that does not conflict with state
20-18 or federal law.
20-19 (c) Information of the source, amount, and any restriction
20-20 on expenditure of money the district accepts is public information.
20-21 SECTION 4.04. FISCAL YEAR. The board shall establish the
20-22 district's fiscal year.
20-23 SECTION 4.05. INDEPENDENT AUDIT AND REPORT. (a) The board
20-24 shall have an audit of the district's affairs for each fiscal year
20-25 prepared by an independent certified public accountant of
20-26 recognized integrity and ability.
20-27 (b) The district shall keep at least one copy of the most
21-1 recent audit at the district's principal office.
21-2 (c) The district shall make a copy of the most recent audit
21-3 available for inspection by any interested person during regular
21-4 business hours.
21-5 SECTION 4.06. DEPOSITORY BANKS. (a) The board shall
21-6 designate one or more banks to serve as depository for the
21-7 district's money. The district shall deposit all of its money in
21-8 the designated depository bank or banks, except:
21-9 (1) to the extent provided in a trust indenture, the
21-10 district may deposit bond proceeds and money pledged to pay bonds
21-11 with the trustee bank named in the trust indenture; and
21-12 (2) money pledged to pay bonds shall be remitted to
21-13 the bank of payment for the payment of principal and interest on
21-14 bonds.
21-15 (b) To the extent that money in a depository bank or trustee
21-16 bank is not invested or insured by the Federal Deposit Insurance
21-17 Corporation, the money shall be secured in the manner provided by
21-18 law for the security of state money.
21-19 (c) Before designating a depository bank, the board shall
21-20 publish notice at least once in a newspaper of general circulation
21-21 in the district requesting applications from banks interested in
21-22 serving as a depository. The notice shall include the time and
21-23 location of the board meeting at which the board proposes to
21-24 designate a depository bank. The board shall prescribe the term of
21-25 service of a depository bank.
21-26 (d) At the time stated in the notice required by Subsection
21-27 (c), the board shall consider the applications received and the
22-1 management and condition of each bank that files an application.
22-2 The board may designate as a depository the bank or banks that
22-3 offer the most favorable terms and conditions for the handling of
22-4 the district's money and that have proper management and the
22-5 ability to properly handle the district's money. Membership of an
22-6 officer or director of a bank on the board of the district does not
22-7 disqualify the bank from being designated as a depository.
22-8 (e) If no application is received by the time stated in the
22-9 notice, the board may designate a bank or banks on such terms and
22-10 conditions as the board considers prudent.
22-11 ARTICLE 5. BOND AND TAX PROVISIONS
22-12 SECTION 5.01. REVENUE BONDS. (a) For the purpose of
22-13 carrying out a power or authority conferred by this Act, the
22-14 district may issue bonds secured by a pledge of all or part of the
22-15 revenues accruing to the district from a source other than ad
22-16 valorem taxes, including money received from tolls, charges, the
22-17 sale of water or other products, and the provision of services.
22-18 (b) The district's bonds shall:
22-19 (1) be authorized by board resolution;
22-20 (2) be issued in the district's name;
22-21 (3) be signed by the chair or vice chair;
22-22 (4) be attested by the secretary; and
22-23 (5) bear the district's seal.
22-24 (c) The board may prescribe the form, denomination, and
22-25 interest rate of bonds issued by the district, except that bonds
22-26 must mature serially or otherwise not more than 50 years after
22-27 their date. The board may sell bonds at prices and under terms
23-1 that the board determines to be the most advantageous reasonably
23-2 available. The district's bonds may be made redeemable before
23-3 maturity at times and prices prescribed in the bonds. The
23-4 district's bonds may be secured by an indenture of trust with a
23-5 corporate trustee.
23-6 (d) The district may issue bonds in more than one series as
23-7 required for carrying out the purposes of this Act. The district
23-8 may, in issuing bonds secured by the district's revenues, reserve
23-9 the right to issue additional bonds secured by the district's
23-10 revenues that are on a parity with or are senior or subordinate to
23-11 the bonds issued earlier.
23-12 (e) The resolution authorizing the bonds or the trust
23-13 indenture securing the bonds may specify additional provisions that
23-14 shall constitute a contract between the district and its
23-15 bondholders. The board may provide:
23-16 (1) for additional bond provisions; and
23-17 (2) for a corporate trustee or receiver to take
23-18 possession of the district's facilities if the district defaults.
23-19 SECTION 5.02. REFUNDING BONDS. (a) The district may issue
23-20 refunding bonds to refund outstanding bonds and interest authorized
23-21 by this Act.
23-22 (b) Refunding bonds may:
23-23 (1) be issued to refund one or more series of
23-24 outstanding bonds;
23-25 (2) combine the pledges for the outstanding bonds for
23-26 the security of the refunding bonds; and
23-27 (3) be secured by other or additional revenues.
24-1 (c) The provisions of this Act applicable to the district's
24-2 issuance of other bonds, their security, their approval by the
24-3 attorney general, and the remedies of the holders are applicable to
24-4 refunding bonds.
24-5 (d) Refunding bonds shall be registered by the comptroller
24-6 of public accounts on surrender and cancellation of the bonds to be
24-7 refunded. Alternatively, the resolution authorizing the issuance
24-8 of refunding bonds may provide that the bonds shall be sold and the
24-9 resulting proceeds deposited in the bank where the bonds to be
24-10 refunded are payable, in which case the refunding bonds may be
24-11 issued in an amount sufficient to pay the principal and interest of
24-12 the bonds to be refunded to their option or maturity date. The
24-13 comptroller of public accounts shall register the refunding bonds
24-14 without concurrent surrender and cancellation of the bonds to be
24-15 refunded.
24-16 SECTION 5.03. APPROVAL AND REGISTRATION OF BONDS. After the
24-17 district authorizes any bonds, the district shall submit the bonds
24-18 and the record relating to their issuance to the attorney general
24-19 for approval. If the bonds are secured by a pledge of the proceeds
24-20 of a contract between the district and a municipality or other
24-21 governmental agency, authority, or district, the district shall
24-22 submit to the attorney general a copy of the contract and the
24-23 proceedings of the municipality or other governmental agency,
24-24 authority, or district authorizing the contract. If the attorney
24-25 general finds that the bonds have been authorized and the
24-26 contracts, if any, have been made in accordance with the
24-27 constitution and laws of the state, the attorney general shall
25-1 approve the bonds and contracts. On approval, the bonds shall then
25-2 be registered by the comptroller of public accounts.
25-3 SECTION 5.04. BOND ELECTION. The district may issue bonds
25-4 without an election.
25-5 SECTION 5.05. AUTHORIZED INVESTMENTS. Bonds and refunding
25-6 bonds of the district are legal, eligible, and authorized
25-7 investments for a public fund of the state, including the State
25-8 Permanent School Fund, or a state agency.
25-9 SECTION 5.06. AD VALOREM TAXATION. (a) Except as provided
25-10 by Subsection (b), the district may not levy and collect ad valorem
25-11 taxes.
25-12 (b) The qualified voters in the district may, in an election
25-13 called for that purpose, authorize the district to levy and collect
25-14 ad valorem taxes for the maintenance of the district and its
25-15 improvements.
25-16 ARTICLE 6. DISTRICT BOUNDARIES
25-17 SECTION 6.01. DESCRIPTION OF BOUNDARIES. The district
25-18 includes all the territory contained within the following area,
25-19 whether the territory contains noncontiguous parcels of land and
25-20 whether the territory is located within the boundaries of any
25-21 municipality or other governmental entity or political subdivision
25-22 of the state:
25-23 The 4,661.248 acre tract out of the John Moore Survey No. 66, the
25-24 Jesse Williams Survey No. 62, the Samuel Hamilton Survey No. 16,
25-25 the John G. McGeeHee Survey No. 6, the Thomas Brite Survey No. 65,
25-26 the J. D. Cady Survey Abstract No. 139, the C. W. Hudson Survey No.
25-27 43, the Richard Hailey Survey No. 35, the Corbet Stevens Survey No.
26-1 63, the J. Burleson Survey No. 64, the John M. Bright Survey No.
26-2 63, the C. W. Hudson Survey No. 43, the H. Haigwood Survey No. 433,
26-3 the H. W. Cocke Survey No. 432 and the H. W. Cocke Survey No. 83,
26-4 Travis County, Texas, being a portion of that 2,807.1345 acre
26-5 tract, described as Tract 1, all of that 538.5087 acre tract,
26-6 described as Tract 2, a portion of that 214.8756 acre tract,
26-7 described as Tract 3, and all of that 100.0000 acre tract,
26-8 described as Tract 4 all conveyed by deed to Circle C Land Corp.
26-9 recorded in Volume 11620, Page 1126 of the Travis County Deed
26-10 Records, all of that 11.7446 acre tract contained within the
26-11 aforesaid 214.8756 acre tract, as dedicated for Slaughter Lane
26-12 (120.00' right-of-way), by plat recorded in Book 86, Pages 180C and
26-13 180D of the Travis County Plat Records, all of that 79.9863 acre
26-14 tract conveyed to the City of Austin by deed recorded in Volume
26-15 9495, Page 275, of the said Deed Records, all of that 46.50000 acre
26-16 tract conveyed to the City of Austin, by deed recorded in Volume
26-17 9495, Page 289 of the said Deed Records, all of that 285.4585 acre
26-18 tract, conveyed to the City of Austin by deed recorded in Volume
26-19 9495, Page 281 of the said Deed Records, a 25.4133 acre portion of
26-20 that 412.3003 acre tract conveyed to Ira John Yates by deed
26-21 recorded in Volume 10166, Page 726 of the said Deed Records, all of
26-22 that 85.033 acre tract conveyed to Mopac South Transportation
26-23 Corporation by deed recorded in Volume 10719, Page 926 of the said
26-24 Deed Records, all of that 13.845 acre tract conveyed to Mopac South
26-25 Transportation Corporation by deed recorded in Volume 10719, Page
26-26 920 of the said Deed Records, all of that 99.560 acre tract
26-27 conveyed to R. Alan Haywood, Trustee by deed recorded in Volume
27-1 11505, Page 55 of the said Deed Records, all of that 100.2215 acre
27-2 tract, described as Parcel "A", conveyed to Carlene H. Klaus by
27-3 deed recorded in Volume 9724, Page 329 of the said Deed Records,
27-4 all of that 100.2215 acre tract, described as Parcel "B", conveyed
27-5 to Ursula H. Kutra by deed recorded in Volume 9724, Page 317 of the
27-6 said Deed Records, all of that 100.2215 acre tract, described as
27-7 Parcel "C", conveyed to Amelia H. Mettke by deed recorded in Volume
27-8 9724, Page 321 of the said Deed Records, a portion of that certain
27-9 126.73 acre tract, conveyed to Mrs. Ruby Pauls Spillar by deed
27-10 recorded in Volume 700, Page 369 of the said Deed Records, and
27-11 being a portion of 1248.93 acres, described as various tracts,
27-12 conveyed to Mrs. Ruby Pauls Spillar by deed recorded in Volume 118,
27-13 Page 455 of the Said Deed Records; the said 4,661.248 acre tract
27-14 being more particularly described as follows:
27-15 BEGINNING at a 5/8" iron rod found in the easterly
27-16 right-of-way line of State Highway F.M. 1826 (80' wide) being the
27-17 northwest corner of the said 538.5087 acre tract, a point in the
27-18 southerly line of those tracts of land conveyed to Oak Hill Heights
27-19 Joint Venture by deed recorded in Volume 8154, Page 552, and the
27-20 most westerly point of a boundary line agreement between Jack Mann
27-21 and Josephene Turnbull as described in a deed recorded in Volume
27-22 1133, Page 464 of the said Deed Records;
27-23 THENCE, in a southeasterly direction along the line as
27-24 established by the said boundary line agreement, being the
27-25 northerly line of the 538.5087 acre tract and the southerly line of
27-26 the said Oak Hill Heights Joint Venture, tracts for the following
27-27 nine (9) courses:
28-1 1) S5922'13"E, 133.45 feet to a 1/2" iron pipe found;
28-2 2) S5933'32"E, 676.69 feet to a 5/8" iron rod found;
28-3 3) S5953'12"E, 415.00 feet to a 5/8" iron rod found;
28-4 4) S6013'30"E, 358.42 feet to a 5/8" iron rod found;
28-5 5) S6029'18"E, 157.98 feet to a 1/2" iron rod found for the
28-6 northeast corner of the said 70.96 acre tract, being the northwest
28-7 corner of the 154.44 acre tract;
28-8 6) S6027'13"E, 482.95 feet to a 1/2" iron pipe found;
28-9 7) S6059'20"E, 834.39 feet to a 1/2" iron pipe found;
28-10 8) S6114'02"E, 646.28 feet to a 1/2" iron pipe found;
28-11 9) S6141'08"E, 306.72 feet to a 1/2" iron pipe found;
28-12 THENCE, S6206'50"E, 332.04 feet to a 1/2" iron pipe found
28-13 for the most easterly corner of the aforesaid boundary line
28-14 agreement, being a northeast corner of the 538.5087 acre tract, the
28-15 southeast corner of the said Oak Hill Heights Joint Venture tracts
28-16 and a point in a westerly line of that 479.58 acre tract conveyed
28-17 to Village Joint Venture by deed recorded in Volume 8539, Page 511
28-18 of the Deed Records of Travis County, Texas;
28-19 THENCE, S3005'47"W, at approximately 1,833.10 feet pass the
28-20 northwest corner of the Village at Western Oaks Subdivision,
28-21 Section 16-A, recorded in Book 86, Pages 62A through 62D, for a
28-22 total distance of 2,399.06 feet to a 5/8" iron rod found;
28-23 THENCE, S2950'30"W, with the easterly line of the said
28-24 538.5087 acre tract, 276.17 feet to a 1/2" iron pipe found for the
28-25 southwest corner of Village at Western Oaks, Section 16-A, being an
28-26 ell corner of the aforesaid 538.5087 acre tract, and a point on the
28-27 centerline of an existing Humble Pipeline Company, pipeline
29-1 easement described in a deed recorded in Volume 994, Page 397 of
29-2 the said Deed Records;
29-3 THENCE, S7011'10"E, with the said Humble Pipeline Company
29-4 easement, being the common line between the 538.5087 acre tract and
29-5 Village at Western Oaks, Section 16-A, at 600.33 feet pass a 1/2"
29-6 iron pipe found, at 1,831.37 feet pass a 1/2" iron pipe found, for
29-7 a total distance of 2,413.41 feet to a 1/2" iron rod set on a curve
29-8 to the left in the easterly right-of-way line of Escarpment
29-9 Boulevard (120.00 foot right-of-way) for the southeast corner of
29-10 the aforesaid Village at Western Oaks Subdivision, Section 16-A;
29-11 THENCE, S7011'10"E, continuing with the north line of the
29-12 538.5087 acre tract at 2,913.32 feet pass an iron pipe found at
29-13 3,651.25 feet pass a second iron pipe found, for a total distance
29-14 of 4,238.43 feet to an iron pipe found for the northeast corner of
29-15 the said 538.5087 acre tract, being the southeast corner of that
29-16 479.58 acre tract conveyed to Village Joint Venture by deed
29-17 recorded in Volume 8539, Page 511 and a point in the westerly line
29-18 of that 531.07 acre tract conveyed to Maple Run Joint Venture by
29-19 deed recorded in Volume 7979, Page 932, both of the said deed
29-20 records; the found pipe is also the southeast corner of the
29-21 right-of-way dedicated for State Highway Loop 1 as shown on a plat
29-22 of Village at Western Oaks, Section 21, a subdivision recorded in
29-23 Book 86, Page 145C of the Map Records of Travis County, Texas;
29-24 THENCE, S3040'24"W, with the common line between the
29-25 538.5087 acre tract and the 531.07 acre tract, 448.59 feet to an
29-26 iron rod found;
29-27 THENCE, S3040'33"W, continuing with the said common line
30-1 between the 538.5087 acre tract and the 531.07 acre tract, 450.39
30-2 feet to an iron rod found;
30-3 THENCE, S7200'01"E, continuing with the said common line,
30-4 158.07 feet to an iron rod found near the centerline of Slaughter
30-5 Creek.
30-6 THENCE, S0218'37"E, continuing with the said common line, at
30-7 230.03 feet pass an iron rod found for the most easterly corner of
30-8 the 538.5087 acre tract, and a northerly corner of the above
30-9 mentioned 285.4585 acre City of Austin tract, for a total distance
30-10 of 424.50 feet to an iron pipe found;
30-11 THENCE, leaving the southerly line of the 538.5087 acre
30-12 tract, along the common line between the said 531.07 acre tract and
30-13 the 285.4585 acre tract for the following eleven (11) courses:
30-14 1) S4145'47"E, for a distance of 96.65 feet to an iron rod
30-15 found;
30-16 2) S7631'42"E, for a distance of 110.76 feet to an iron rod
30-17 found;
30-18 3) N8420'26"E, for a distance of 172.94 feet to an iron rod
30-19 found;
30-20 4) S4757'27"E, for a distance of 109.79 feet to an iron rod
30-21 found;
30-22 5) S2042'20"W, for a distance of 195.48 feet to an iron rod
30-23 found;
30-24 6) S4326'45"E, for a distance of 149.92 feet to an iron rod
30-25 found;
30-26 7) S2111'38"E, for a distance of 141.55 feet to an iron rod
30-27 found;
31-1 8) S1335'11"W, for a distance of 148.65 feet to an iron rod
31-2 found;
31-3 9) S0515'39"E, for a distance of 347.41 feet to an iron rod
31-4 found;
31-5 10) S4023'14"W, for a distance of 269.29 feet to an iron
31-6 rod found;
31-7 11) S7931'14"W, for a distance of 58.41 feet to a point in
31-8 the centerline of Slaughter Creek;
31-9 THENCE, along the centerline of Slaughter Creek, continuing
31-10 with the above said common line between the 531.07 acre tract and
31-11 the 285.4585 acre tract for the following thirteen (13) courses;
31-12 1) S0822'19"W, for a distance of 407.97 feet to an iron rod
31-13 found;
31-14 2) S2626'53"W, for a distance of 329.10 feet to an iron rod
31-15 found;
31-16 3) S0543'44"W, for a distance of 314.04 feet to an iron rod
31-17 found;
31-18 4) S1157'05"E, for a distance of 304.24 feet to an iron rod
31-19 found;
31-20 5) S3706'33"E, for a distance of 176.12 feet to an iron rod
31-21 found;
31-22 6) S6458'21"E, for a distance of 264.75 feet to a nail
31-23 found;
31-24 7) N6439'39"E, for a distance of 295.20 feet to a point;
31-25 8) N8849'06"E, for a distance of 326.14 feet to an iron rod
31-26 found;
31-27 9) S7115'17"E, for a distance of 207.09 feet to an iron rod
32-1 found;
32-2 10) S0537'53"E, for a distance of 155.67 feet to a nail
32-3 found;
32-4 11) S3531'12"E, for a distance of 432.21 feet to an iron
32-5 rod found;
32-6 12) S5645'40"E, for a distance of 110.46 feet to an iron
32-7 pipe found;
32-8 13) S3528'15"E, at a distance of 310.95 feet pass an iron
32-9 pipe found on the east side of Slaughter Creek, for a total
32-10 distance of 323.72 feet to an iron rod found at a fence corner
32-11 post, for the most southerly corner of that certain 19.81 acre
32-12 tract of land conveyed to James W. Akins by a deed recorded in
32-13 Volume 4677, Page 1386 of the said Deed Records and a point in the
32-14 west line of the said 214.8756 acre tract;
32-15 THENCE, N2804'16"E, leaving the north line of the 285.4585
32-16 acre tract, along the common line between the 19.81 acre tract and
32-17 the 214.8756 acre tract, for a distance of 551.99 feet to a 1/2"
32-18 iron rod found;
32-19 THENCE, N2918'16"E, with the said common line between the
32-20 said 221.4613 acre tract and the 19.81 acre tract, 504.48 feet to a
32-21 1/2" iron rod found;
32-22 THENCE, N2951'30"E, with the said westerly line of the
32-23 221.4613 acre tract, at 538.05 feet pass a concrete monument found
32-24 in the southerly right-of-way line of Slaughter Lane (120.00 foot
32-25 right-of-way), at 695.41 feet pass a point in the northerly
32-26 right-of-way line of the aforesaid Slaughter Lane (11.7446 acres),
32-27 for a total distance of 843.60 feet to a 1/2" iron rod found for
33-1 the northwest corner of the abovesaid 214.8756 acre tract, being
33-2 the southwest corner of that certain tract conveyed to Clara Brooks
33-3 Chastain by deed recorded in Volume 6887, Page 178 and a point in
33-4 the easterly line of the remainder of that 531.07 acre tract
33-5 conveyed to Maple Run Joint Venture by deed recorded in Volume
33-6 7979, Page 932 both of the Deed Records of Travis County, Texas;
33-7 THENCE, S5957'00"E, leaving the easterly line of the said
33-8 531.07 acre tract, along the northerly line of the 214.8756 acre
33-9 tract, 638.74 feet to a 3/4" iron pipe found for the southeast
33-10 corner of the said Clara Brooks Chastain Tract, being the southwest
33-11 corner of that 199.65 acre tract conveyed to J.D. Carrol et. al. by
33-12 deed recorded in Volume 2522, Page 442 of the said Deed Records;
33-13 THENCE, with the common line between the said 214.8756 acre
33-14 tract and the 199.65 acre tract for the following four (4) courses:
33-15 1) S5953'05"E, 941.26 feet to a 3/4" iron pipe found;
33-16 2) S5944'07"E, 887.29 feet to a 3/4" iron pipe found;
33-17 3) S5925'09"E, 385.48 feet to a 3/4" iron pipe found;
33-18 4) S5938'47"E, 520.87 feet to a 1/2" iron rod found for the
33-19 most northerly northeast corner of the said 214.8756 acre tract,
33-20 being the northwest corner of that 5.1589 acre tract conveyed to
33-21 Gary L. Bradley, Trustee by deed recorded in Volume 8882, Page 748
33-22 of the said Deed Records;
33-23 THENCE, leaving the southerly line of the said 199.65 acre
33-24 tract, with the common line between the 214.8756 acre tract and the
33-25 5.1589 acre tract for the following two (2) courses:
33-26 1) S3030'08"W, 498.76 feet to a 1/2" iron rod found;
33-27 2) S5929'52"E, 450.00 feet to a 1/2" iron rod found for the
34-1 most easterly northeast corner of the 214.8756 acre tract, being
34-2 the southeast corner of the 5.1589 acre tract and a point in the
34-3 westerly right-of-way line of Brodie Lane (right-of-way varies);
34-4 THENCE, S3030'08"W, leaving the southerly line of the said
34-5 5.1589 acre tract, with the easterly line of the 214.8756 acre
34-6 tract, being the westerly right-of-way line of Brodie Lane, at
34-7 1,161.13 feet pass a point in the aforesaid northerly right-of-way
34-8 line of Slaughter Lane, at 1,311.13 feet pass a point in the
34-9 aforesaid southerly right-of-way line of Slaughter Lane, for a
34-10 total distance of 2,087.89 feet to a 1/2" iron rod found for the
34-11 southeast corner of the abovesaid 214.8756 acre tract, being a
34-12 point in the northerly line of that 400 acre tract conveyed to
34-13 George Barker by deed recorded in Volume 409, Page 158 of the said
34-14 Deed Records;
34-15 THENCE, with the common line between the said 214.8756 acre
34-16 tract and the 400 acre tract for the following eight (8) courses:
34-17 1) N5923'14"W, 357.99 feet to a 3/4" iron pipe found;
34-18 2) N5939'36"W, 234.36 feet to a 3/4" iron pipe found;
34-19 3) N6026'39"W, 371.13 feet to a 3/4" iron pipe found;
34-20 4) N6019'49"W, 607.54 feet to a 3/4" iron pipe found;
34-21 5) N6015'08"W, at 301.82 feet pass a concrete monument
34-22 found, at 371.82 feet pass a concrete monument found, for a total
34-23 distance of 968.19 feet to a 60d nail found in a fence post;
34-24 6) N6045'22"W, continuing with the southerly line of the
34-25 said 214.8756 acre tract, 9.27 feet to a 60d nail found in a fence
34-26 post;
34-27 7) N5935'12"W, continuing along the said southerly line of
35-1 the 214.8756 acre tract, 815.61 feet to a 3/4" iron pipe found;
35-2 8) N5925'45"W, for a distance of 410.57 feet to a concrete
35-3 monument found for the southwest corner of the said 214.8756 acre
35-4 tract, being a point in the easterly line of the said 285.4585 acre
35-5 tract and the northwest corner of the said 400 acre tract;
35-6 THENCE, S3014'54"W, leaving the southerly line of the said
35-7 214.8756 acre tract, with the westerly line of the 400 acre tract,
35-8 at 1,600.00 feet pass a 5/8" iron rod found for the most southerly
35-9 southeast corner of the 285.4585 acre tract, being a northeast
35-10 corner of the said 2807.1345 acre tract, for a total distance of
35-11 3,756.93 feet to a 60d nail found in a fence corner post for the
35-12 most southerly southeast corner of the said 2807.1345 acre tract,
35-13 being the northeast corner of that 2.72 acre tract conveyed to Ray
35-14 McGee by deed recorded in Volume 4647, Page 31 of the said Deed
35-15 Records;
35-16 THENCE, N6309'43"W, leaving the westerly line of the said
35-17 400 acre tract, with the southerly line of the 2807.1345 acre
35-18 tract, 231.13 feet to a 1/2" iron rod found for the northwest
35-19 corner of the said 2.72 acre tract, being the northeast corner of
35-20 that 6.7580 acre tract conveyed to Gary L. Bradley, Trustee by deed
35-21 recorded in Volume 10577, Page 414 of the Deed Records of Travis
35-22 County, Texas;
35-23 THENCE, N6226'14"W, at 425.00 feet pass a 1/2" iron rod
35-24 found for the northwest corner of the said 6.7580 acre tract, being
35-25 the northeast corner of that 1.0000 acre tract conveyed to Gary L.
35-26 Bradley, Trustee by deed recorded in Volume 10577, Page 402 of the
35-27 said Deed Records, at 575.00 feet pass a 1/2" iron rod found for
36-1 the northwest corner of the abovesaid 1.0000 acre tract, being the
36-2 northeast corner of that 1.0000 acre tract conveyed to Gary L.
36-3 Bradley, Trustee by deed recorded in Volume 10577, Page 406 of the
36-4 said Deed Records, at 725.00 feet pass a 1/2" iron rod found for
36-5 the northwest corner of the abovesaid 1.0000 acre tract, being the
36-6 northeast corner of that 1.0000 acre tract conveyed to Brian Lee
36-7 Williamson by deed recorded in Volume 8901, Page 11 of the said
36-8 Deed Records, at 875.00 feet pass a 1/2" iron rod found for the
36-9 northwest corner of the abovesaid 1.0000 acre Williamson Tract,
36-10 being the northeast corner of that 1.0000 acre tract conveyed to
36-11 Gary L. Bradley, Trustee by deed recorded in Volume 10577, Page 410
36-12 of the said Deed Records, at 1025.00 feet pass a 1/2" iron rod
36-13 found for the northwest corner of the abovesaid 1.0000 acre tract,
36-14 being a northerly northeast corner of that abovesaid 1.0000 acre
36-15 tract, being a northerly northeast corner of the said 412.3003 acre
36-16 tract, for a total distance of 1,952.31 feet to a 1/2" iron rod
36-17 found;
36-18 THENCE, with the common line between the said 2,807.1345 acre
36-19 tract and the 412.3003 acre tract for the following three (3)
36-20 courses:
36-21 1) N1354'38"E, 342.33 feet to a 1/2" iron rod found;
36-22 2) S8937'52"W, 501.38 feet to a 1/2" iron rod found;
36-23 3) S6347'26"W, 414.17 feet to a 1/2" iron rod found for the
36-24 northeast corner of a 5.000 acre tract conveyed to Polly Blanton
36-25 Brooks by a deed recorded in Volume 9807, Page 643 of the above
36-26 said Deed Records;
36-27 THENCE, through the 2,807.1345 acre tract, with the north,
37-1 west, and southerly lines of the 5.000 acre tract, the following
37-2 six (6) courses:
37-3 1) N6538'09"W, 415.32 feet to an iron rod found;
37-4 2) S5812'55"W, 207.33 feet to an iron rod found;
37-5 3) S0241'17"E, 301.21 feet to an iron rod found;
37-6 4) N8037'15"E, 92.49 feet to an iron rod found;
37-7 5) S7524'34"E, 416.79 feet to an iron rod found;
37-8 6) S8458'12"E, 142.05 feet to an iron rod found in the
37-9 abovesaid common line between the 2,807.1345 acre tract and the
37-10 412.3003 acre tract;
37-11 THENCE, S1539'52"E, along the said common line, 171.37 feet
37-12 to a 1/2" iron rod found;
37-13 THENCE, continuing with the above said common line,
37-14 S8718'43"W, 2,089.53 feet to a 1/2" iron rod found for the
37-15 northeast corner of the said 85.033 acre tract;
37-16 THENCE, across the said 412.3003 acre tract, with the
37-17 southeasterly line of the said 85.033 acre tract (State Highway
37-18 Loop 1), the following three (3) courses:
37-19 1) S5354'42"W, 276.49 feet to an iron rod found;
37-20 2) S3134'11"W, 1,886.12 feet to an iron rod found for the
37-21 point of curvature of a curve to the left;
37-22 3) With the said curve to the left, having a radius of
37-23 1,000.00 feet, a central angle of 2254'44", a chord distance of
37-24 397.23 feet (chord bears S2006'49"W), for an arc distance of
37-25 399.89 feet to an iron rod found for the intersection of the said
37-26 northerly right-of-way line of State Highway 45 with the
37-27 aforementioned common line between the 412.3003 acre tract and the
38-1 99.56 acre, R. Alan Haywood, Trustee, tract; the found iron rod
38-2 being also the northeast corner of the said 13.845 acre tract;
38-3 THENCE, S8945'07"E, with the north line of the said 99.560
38-4 acre tract, along the south line of the said 412.3003 acre tract,
38-5 1,943.93 feet to an iron rod found;
38-6 THENCE, S8941'17"E, leaving the said south line of the
38-7 remainder of the 412.3003 acre tract, along the north line of the
38-8 99.560 acre tract, for a distance of 436.73 feet to an iron rod
38-9 found for the northeast corner of the 99.560 acre tract, being a
38-10 northwest corner of that 118.757 acre tract conveyed by deed to
38-11 Alain P. Reveilhac, Trustee by deed recorded in Volume 8993, Page
38-12 867 of the said Deed Records;
38-13 THENCE, S0047'45"W, along the common line between the said
38-14 99.560 acre tract and the 118.757 acre tract, 932.88 feet to an
38-15 iron rod found for the southeast corner of the aforesaid 99.560
38-16 acre tract, being a northeast corner of the remainder of that
38-17 723.85 acre tract conveyed to Jack Andrewartha by deed recorded in
38-18 Volume 4413, page 388 of the said Deed Records;
38-19 THENCE, N8944'18"W, leaving the west line of the said 118.57
38-20 acre tract, along the common line between the 99.560 acre tract and
38-21 the remainder of the 723.85 acre tract, at 2,115.36 feet pass an
38-22 iron rod found for the southeast corner of the said 13.845 acre
38-23 tract, at 2,615.10 feet pass an iron rod found for the southeast
38-24 corner of the said 13.845 acre tract, for a total distance of
38-25 4,644.68 feet to an iron rod found for the southwest corner of the
38-26 aforesaid 99.560 acre tract, being a point in the east line of that
38-27 283 acre tract conveyed to Ira Jon Yates by deed recorded in Volume
39-1 7716, Page 845 of the said Deed Records;
39-2 THENCE, N0030'28"E, leaving the said north line of the
39-3 remainder of the 723.85 acre tract, along the common line between
39-4 the 99.560 acre tract and the 283 acre tract, for a distance of
39-5 932.24 feet to a 60d nail found in a fence corner post for the
39-6 northwest corner of the said 99.560 acre tract, being the northeast
39-7 corner of the aforesaid 283 acre tract and being in the southerly
39-8 line of the said 412.003 acre tract;
39-9 THENCE, S8945'07"E, leaving the east line of the said 283
39-10 acre tract, along the south line of the remainder of the 412.3003
39-11 acre tract, being the north line of the 99.560 acre tract, 1,329.07
39-12 feet to an iron rod found on a curve to the left for the northwest
39-13 corner of that 13.845 acre tract, being also the southwest corner
39-14 of that 85.033 acre tract conveyed to Mopac South Transportation
39-15 Corporation;
39-16 THENCE, leaving the north line of the said 99.560 acre tract,
39-17 across the said 412.3003 acre tract, along the southwest line of
39-18 the 85.033 acre tract, for the following three (3) courses:
39-19 1) with the said curve to the left, having a radius of
39-20 7,439.30 feet, a central angle of 0052'47", a chord distance of
39-21 114.22 feet (chord bears N4125'15"W), for an arc distance of
39-22 114.23 feet to an iron rod found for the point of tangency;
39-23 2) N4151'38"W, 2,184.35 feet to an iron rod found for the
39-24 point of curvature of a curve to the left;
39-25 3) with the said curve to the left, having a radius of
39-26 6,649.76 feet, a central angle of 0747'53", a chord distance of
39-27 904.34 feet (chord bears N4545'35"W), for an arc distance of
40-1 905.04 feet to an iron rod found for the intersection of the said
40-2 southwest line of the 85.033 acre tract (State Highway 45) with the
40-3 northerly line of the said 412.3003 acre tract, and the southerly
40-4 line of the 2,807.1345 acre tract;
40-5 THENCE, S8250'26"W, with the common line between the
40-6 2,807.1345 acre tract and the 412.3003 acre tract, 2,560.06 feet to
40-7 a 1/2" iron rod found in the west line of the said Samuel Hamilton
40-8 Survey No. 16, being the east line of the Thomas Brite Survey No.
40-9 65, for an ell corner of the said 2,807.1345 acre tract, being the
40-10 northwest corner of that 412.3003 acre tract mentioned above;
40-11 THENCE, S3031'27"W, along the west line of the Samuel
40-12 Hamilton Survey No. 16 and the east line of the Thomas Brite Survey
40-13 No. 65, for a distance of 561.26 feet to an iron rod found for a
40-14 southerly corner of the said, 2,807.1345 acre tract; being a point
40-15 in the north line of the said 283 acre tract;
40-16 THENCE, S8344'05"W, with the common line between the
40-17 2,807.1345 acre tract and the 283 acre tract, 58.21 feet to an iron
40-18 rod found;
40-19 THENCE, N8950'37"W, with the said common line, 502.68 feet
40-20 to an iron rod found for the northwest corner of the aforesaid 283
40-21 acre tract, and the northeast corner of the aforesaid 126.73 acre
40-22 tract conveyed to Mrs. R. P. Spillar;
40-23 THENCE, leaving the south line of the 2,807.1345 acre tract,
40-24 along the east line of said 126.73 acre Spillar Tract, as found
40-25 fenced and used upon the ground, for the following three (3)
40-26 courses:
40-27 1) S0033'17"W, for a distance of 952.64 feet to an iron pin
41-1 set;
41-2 2) S0032'17"W, for a distance of 255.23 feet to an iron pin
41-3 set;
41-4 3) S0035'17"W, for a distance of 528.60 feet to an iron pin
41-5 set at or near the Southeast corner of the said 126.73 acre Spillar
41-6 Tract, being at or near the Northeast corner of the said 1248.93
41-7 acre Spillar Tract;
41-8 THENCE, along the east line of the said 1248.93 acre Spillar
41-9 Tract, as found fenced and used upon the ground, for the following
41-10 four (4) courses:
41-11 1) S0852'43"E, for a distance of 291.92 feet to an iron pin
41-12 set;
41-13 2) S0854'43"E, for a distance of 445.72 feet to an 60-d
41-14 nail set;
41-15 3) S0004'17"W, for a distance of 1130.96 feet to an iron
41-16 pin set;
41-17 4) S0002'43"E, for a distance of 382.21 feet to a
41-18 calculated point on the approximate County Line between Travis and
41-19 Hays Counties;
41-20 THENCE, N4903'40"W, across the said 1,248.93 acre tract and
41-21 the 126.73 acre tract, along the common line between Travis and
41-22 Hays Counties, 3,986.48 feet to a calculated point in the westerly
41-23 line of the aforesaid 126.73 acre tract;
41-24 THENCE, along the West line of the said 126.73 acre Spillar
41-25 Tract, as found fenced and used upon the ground, for the following
41-26 seven (7) courses:
41-27 1) N0000'17"E, for a distance of 210.21 feet to an iron pin
42-1 set;
42-2 2) N0000'43"W, for a distance of 332.68 feet to an iron pin
42-3 set;
42-4 3) N0005'43"W, for a distance of 102.55 feet to an iron pin
42-5 set;
42-6 4) N8659'43"W, for a distance of 332.58 feet to an iron pin
42-7 set;
42-8 5) N8659'43"W, for a distance of 306.15 feet to an iron pin
42-9 found;
42-10 6) N2917'17"E, for a distance of 565.14 feet to a 60-d nail
42-11 found;
42-12 7) N2402'14"E, for a distance of 22.01 feet to a 60-d nail
42-13 found in a fence post;
42-14 THENCE, S6916'54"W leaving the westerly line of the said
42-15 126.73 acre tract, in a southwesterly direction with the southerly
42-16 fenced line of the 2,807.1345 acre tract, 760.45 feet to an iron
42-17 rod found for the Travis and Hays County Lines;
42-18 THENCE, N4903'54"W, leaving the southerly line of and
42-19 crossing the said line of the 2,807.1345 acre tract, along the
42-20 common line between Travis and Hays Counties, 3,364.02 feet to a
42-21 concrete monument found for county marker Mile Post No. 19;
42-22 THENCE, N4903'02"W, continuing across the said 2,807.1345
42-23 acre tract, along the said line between Travis and Hays Counties,
42-24 347.05 feet to a concrete monument found in the easterly
42-25 right-of-way line of aforesaid State Highway FM 1826;
42-26 THENCE, with the west line of the 2,807.1345 acre tract and
42-27 the east right-of-way line of State Highway FM 1826, the following
43-1 twelve (12) courses:
43-2 1) N0001'09"E, 1,166.34 feet to a concrete monument found;
43-3 2) N0017'55"E, for a distance of 388.69 feet to a concrete
43-4 monument found at the point of curvature of a curve to the right;
43-5 3) with the said curve to the right having a central angle
43-6 of 3047'38", a radius of 1,402.42 feet, a chord distance of 744.70
43-7 feet (chord bears N1541'45"E), for an arc distance of 753.74 feet
43-8 to the point of tangency;
43-9 4) N3105'55"E, for a distance of 1,682.33 feet to a
43-10 concrete monument found at the point of curvature of a transition
43-11 curve to the right;
43-12 5) with the said transition curve to the right having a
43-13 central angle of 0649'48", a beginning radius of 2,834.50 feet, an
43-14 ending radius of 2,829.50 feet, a chord distance of 337.10 feet
43-15 (chord bears N3609'37"E) for an arc distance of 337.30 feet to a
43-16 concrete monument found at the point of tangency;
43-17 6) N3756'03"E, a distance of 443.20 feet to an iron pipe
43-18 found;
43-19 7) N3757'53"E, for a distance of 239.19 feet to a concrete
43-20 monument found at the point of curvature of a curve to the left;
43-21 8) with the said curve to the left having a central angle of
43-22 0726'32", a radius of 1,950.03 feet, a chord distance of 253.12
43-23 feet (chord bears N3405'33"E) for an arc distance of 253.29 feet
43-24 to a concrete monument found at the point of tangency;
43-25 9) N3029'37"E, for a distance of 1,017.58 feet to an iron
43-26 rod found;
43-27 10) N3028'37"E, for a distance of 2,099.60 feet to a
44-1 concrete right-of-way monument found at the point of curvature of a
44-2 curve to the right;
44-3 11) with the said curve to the right, having a central angle
44-4 of 4648'09", a radius of 1,105.91 feet, a chord distance of 878.46
44-5 feet (chord bears N5353'50"E) for an arc distance of 903.37 feet
44-6 to a concrete right-of-way monument found at the point of tangency;
44-7 12) N7719'10"E, for a distance of 189.23 feet to an iron
44-8 pipe found, being the most westerly northwest corner of the above
44-9 said 2,807.1345 acre tract, in the abandoned south right-of-way
44-10 line of Old Austin-Driftwood Road;
44-11 THENCE, leaving the said east right-of-way line of State
44-12 Highway FM 1826 with the fenced north line of the 2,807.1345 acre
44-13 tract, the following nine (9) courses and distances:
44-14 1) S6842'40"E, 378.51 feet to an iron pipe found;
44-15 2) S6341'44"E, 178.82 feet to an iron pipe found;
44-16 3) S2728'23"W, at 347.23 feet pass an iron pipe found 0.07
44-17 feet to the west, for a total distance of 800.09 feet to an iron
44-18 pipe found;
44-19 4) S2421'16"E, 538.49 feet to an iron pipe found;
44-20 5) S0552'50"E, 991.70 feet to an iron pipe found;
44-21 6) S5839'56"E, 1,085.30 feet to an iron pipe found;
44-22 7) N8847'49"E, 563.42 feet to an iron pipe found;
44-23 8) N6424'19"E, 951.91 feet to an iron rod found;
44-24 9) N3241'40"E, 470.77 feet to an iron pipe found;
44-25 THENCE, N3236'10"E, continuing along the north line of the
44-26 2,807.1345 acre tract, 412.97 feet to an iron pipe found in the
44-27 south line of a 217.38 acre tract conveyed to 1826 Associates by
45-1 deed recorded in Volume 3635, Page 634 of the said Deed Records;
45-2 THENCE, S6024'36"E, with the apparent common line between
45-3 the 2,807.1345 acre tract and the 217.38 acre tract, for a distance
45-4 of 349.01 feet to an iron pipe found;
45-5 THENCE, S5358'38"E, continuing with the said common line,
45-6 for a distance of 533.96 feet to an iron pipe found for a northeast
45-7 corner of the 2,807.1345 acre tract and a point in the west line of
45-8 a 100.2215 acre tract conveyed to Carlene Hielscher Klaus by deed
45-9 recorded in Volume 9724, Page 329; said pipe also being the end of
45-10 a boundary line, set by Boundary Line Agreement in Volume 3922,
45-11 Page 1668, both of the Deed Records of Travis County, Texas;
45-12 THENCE, leaving the northerly line of the 2,807.1345 acre
45-13 tract, along the common fenced line between the said 100.2215 acre
45-14 Carlene H. Klaus Tract and the 217.38 acre tract, the following
45-15 four (4) courses:
45-16 1) N2916'04"E, 374.23 feet to an iron rod found;
45-17 2) N3313'41"E, 507.32 feet to an iron rod found;
45-18 3) N2953'38"E, 440.11 feet to an iron rod found;
45-19 4) N3023'23"E, 98.78 feet to an iron rod found for the
45-20 northwest corner of the said 100.2215 acre Klaus Tract, being the
45-21 southwest corner of that 320 acre tract conveyed to Richard
45-22 Hielscher by deed recorded in Volume 1212, Page 526 of the said
45-23 Deed Records;
45-24 THENCE, S5927'22"E, leaving the easterly line of the said
45-25 217.38 acre tract, 737.66 feet to an iron rod found in the
45-26 northerly line of the said 100.2215 acre Carlene H. Klaus Tract;
45-27 THENCE, S5925'12"E, continuing with the northerly line of
46-1 the said 100.2215 acre Klaus Tract, a distance of 252.58 feet to an
46-2 iron rod found for the northeast corner of the aforesaid 100.2215
46-3 acre Carlene H. Klaus Tract, being the northwest corner of the
46-4 aforesaid 100.2215 acre Ursula H. Kutra Tract;
46-5 THENCE, S5925'12"E, with the northerly line of the said
46-6 100.2215 acre Ursula H. Kutra Tract, 512.23 feet to an iron rod
46-7 found;
46-8 THENCE, S5914'29"E, continuing along the northerly line of
46-9 the said 100.2215 acre Ursula H. Kutra Tract, 512.87 feet to an
46-10 iron rod found for the northeast corner of the aforesaid 100.2215
46-11 acre tract, being the northwest corner of the said 100.2215 acre
46-12 Amelia H. Mettke Tract;
46-13 THENCE, S5914'29"E, with the northerly line of the said
46-14 100.2215 acre Amelia H. Mettke Tract, 1,013.17 feet to an iron pipe
46-15 found for the northeast corner of the aforesaid 100.2215 acre
46-16 Amelia H. Mettke Tract, being a point in a westerly line of the
46-17 said 2,807.1345 acre tract, and the southwest corner of the said
46-18 320 acre tract;
46-19 THENCE, N3005'58"E, with the easterly line of the said 320
46-20 acre tract and the west line of the before mentioned 2,807.1345
46-21 acre tract, at 250.00 feet pass a 1/2" iron rod found for the
46-22 southwest corner of the said 79.9863 acre tract, for a total
46-23 distance of 1,357.97 feet to a 60d nail found in a fence corner
46-24 post;
46-25 THENCE, N3049'14"E, with the common line between the said
46-26 79.9863 acre tract and the 320 acre tract, 804.39 feet to a 60d
46-27 nail found in a fence post;
47-1 THENCE, N2750'15"E, continuing with the common line between
47-2 the said 79.9863 acre tract and the 320 acre tract, 125.08 feet to
47-3 a steel fence post found;
47-4 THENCE, N3031'15"E, 204.35 feet to a 5/8" iron rod found;
47-5 THENCE, N2957'23"E, continuing with the common line between
47-6 the 79.9863 acre tract and the 320 acre tract, 360.74 feet to a
47-7 5/8" iron rod found in the southeast line of the aforesaid 538.5087
47-8 acre tract;
47-9 THENCE, N2808'04"W, across the said 320 acre tract, with the
47-10 southerly line of the 538.5087 acre tract, 2,025.54 feet to a 5/8"
47-11 iron rod found on the centerline of the aforesaid existing Humble
47-12 Pipeline Company, pipeline easement;
47-13 THENCE, N7021'34"W, continuing across the said 320 acre
47-14 tract, with the centerline of the said Humble Pipeline, 1,386.97
47-15 feet to a 1/2" iron rod found for a southwest corner of the
47-16 538.5087 acre tract and a point in the easterly line of that 3.48
47-17 acre tract conveyed to Dan P. Scranton by deed recorded in Volume
47-18 4217, Page 236 of the said deed records;
47-19 THENCE, N3211'17"E, with a westerly line of the said
47-20 538.5087 acre tract, at 144.68 feet pass a 5/8" iron rod found for
47-21 the northeast corner of the 3.48 acre tract, being the southeast
47-22 corner of that 3.45 acre tract conveyed to Arnold A. Jensen by deed
47-23 recorded in Volume 7101, Page 123 of the said deed records, for a
47-24 total distance of 404.54 feet to a 5/8" iron rod found for the
47-25 northeast corner of the aforesaid 3.45 acre tract, being the
47-26 southeast corner of that 3.42 acre tract conveyed to John T.
47-27 Alexander Et Ux by deed recorded in Volume 5019, Page 1341 of the
48-1 Deed Records of Travis County, Texas;
48-2 THENCE, N3204'03"E, continuing with the said westerly line
48-3 of the 538.5087 acre tract, 259.87 feet to a 5/8" iron rod found
48-4 for the northeast corner of the said 3.42 acre tract, being the
48-5 southeast corner of that 3.23 acre tract conveyed to L. Van Sickle
48-6 by deed recorded in Volume 4822, Page 1413 of the said Deed
48-7 Records;
48-8 THENCE, N3208'30"E, 199.96 feet to a 1/2" iron pipe found
48-9 for an ell corner of the said 538.5087 acre tract, being the
48-10 northeast corner of the 3.23 acre tract;
48-11 THENCE, N5939'43"W, with the common line between the said
48-12 538.5087 acre tract and the 3.23 acre tract, 28.23 feet to a 60d
48-13 nail found in a cedar tree;
48-14 THENCE, N4040'12"W, with the northerly line of the said 3.23
48-15 acre tract, 238.75 feet to a 1/2" iron pipe found at a cattle guard
48-16 for a southwest corner of the 538.5087 acre tract;
48-17 THENCE, N6056'11"W, with the common line between the
48-18 538.5087 acre tract and the 3.23 acre tract, 7.46 feet to a 1/2"
48-19 iron pipe found;
48-20 THENCE, N7539'02"W, continuing with the said common line
48-21 between the 538.5087 acre tract and the 3.23 acre tract, 40.48 feet
48-22 to a 5/8" iron rod found;
48-23 THENCE, N5752'12"W, with the southerly line of the said
48-24 538.5087 acre tract, 807.29 feet to a 1/2" iron rod found in the
48-25 northerly line of that 3.41 acre tract conveyed to Edwin Dudley by
48-26 deed recorded in Volume 6405, Page 1177 of the said deed records;
48-27 THENCE, with the common line between the said 538.5087 acre
49-1 tract and the 3.41 acre tract for the following three (3) courses:
49-2 1) N0729'32"W, 16.38 feet to a 60d nail found in a fence
49-3 corner post at a cattle guard;
49-4 2) N6318'41"W, 6.83 feet to a 60d nail found in a fence
49-5 corner post;
49-6 3) S8133'38"W, 17.89 feet to a 1/2" iron rod found for the
49-7 northwest corner of the said 3.41 acre tract, being the most
49-8 westerly southwest corner of the 538.5087 acre tract, and a point
49-9 on the aforesaid easterly right-of-way line of State Highway F.M.
49-10 1826;
49-11 THENCE, with the common line between the 538.5087 acre tract
49-12 and the easterly right-of-way line of State Highway F.M. 1826 for
49-13 the following four (4) courses:
49-14 1) N3054'59"E, 632.18 feet to a concrete right-of-way
49-15 monument found 40.00 feet left of State Highway Centerline Station
49-16 73+30.5;
49-17 2) N2827'31"E, 393.09 feet to a concrete right-of-way
49-18 monument found for the point of curvature of a curve to the left,
49-19 40.00 feet left of State Highway Centerline Station 69+38.5;
49-20 3) with the said curve to the left having a central angle of
49-21 0630'44", a radius of 3,859.21 feet, a chord distance of 438.40
49-22 feet (chord bears N2504'58"E) for an arc distance of 438.64 feet
49-23 to a concrete right-of-way monument found for the point of
49-24 tangency, 40.00 feet left of State Highway Centerline Station
49-25 65+03;
49-26 4) N2150'08"E, 774.26 feet to the PLACE OF BEGINNING,
49-27 CONTAINING within these metes and bounds 4,661.248 acres of land
50-1 area.
50-2 SECTION 6.02. FINDINGS RELATED TO BOUNDARIES. The
50-3 legislature finds that the boundaries and field notes of the
50-4 district form a closure. A mistake in the field notes or in
50-5 copying the field notes in the legislative process does not affect
50-6 the organization, existence, or validity of the district, the right
50-7 of the district to issue bonds or refunding bonds or to pay the
50-8 principal of or interest on bonds, the right of the district to
50-9 levy and collect taxes, or the legality or operation of the
50-10 district or its board.
50-11 SECTION 6.03. FINDING OF BENEFIT. All of the land and other
50-12 property included within the boundaries of the district will be
50-13 benefitted by the works and projects that are to be accomplished by
50-14 the district under powers conferred by this Act. The district is
50-15 created to serve a public use and benefit.
50-16 SECTION 6.04. ADDITION OF TERRITORY. (a) In accordance
50-17 with this section, the district may annex additional territory in
50-18 Hays County or Travis County that is:
50-19 (1) located in the Bear Creek, Slaughter Creek, or
50-20 Williamson Creek watersheds; and
50-21 (2) not located in the corporate limits of a
50-22 municipality.
50-23 (b) Proceedings for the annexation of territory by the
50-24 district may be initiated by a petition signed by the owners of the
50-25 land proposed to be annexed. The petition must request that the
50-26 board hold a public hearing on the matters set out in the petition.
50-27 (c) The board shall hear and consider the petition and may
51-1 annex the territory if the board determines that the land should be
51-2 annexed.
51-3 (d) The consent of a municipality or other governmental
51-4 entity or political subdivision of the state is not required for
51-5 any annexation of territory by the district.
51-6 (e) In a calendar year, the district may not annex a total
51-7 area greater than 10 percent of the area of the district territory
51-8 on January 1 of that year plus any amount carried over to that year
51-9 under this subsection, except that the district may not annex in a
51-10 calendar year a total area greater than 30 percent of the area of
51-11 the district territory as of January 1 of that year. If the
51-12 district fails to annex in a calendar year the entire 10 percent
51-13 amount permitted under this subsection, the district may carry over
51-14 the unused allocation for use in subsequent calendar years. For
51-15 the calendar year 1995, the district may not annex a total area
51-16 greater than 10 percent of the district territory on the effective
51-17 date of this Act. Notwithstanding this subsection, the district
51-18 territory may not exceed 8,000 acres.
51-19 ARTICLE 7. MISCELLANEOUS PROVISIONS
51-20 SECTION 7.01. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
51-21 (a) The proper and legal notice of the intention to introduce this
51-22 Act, setting forth the general substance of this Act, has been
51-23 published as provided by law, and the notice and a copy of this Act
51-24 have been furnished to all persons, agencies, officials, or
51-25 entities to which they are required to be furnished by the
51-26 constitution and other laws of this state, including the governor,
51-27 who has submitted the notice and the Act to the Texas Natural
52-1 Resource Conservation Commission.
52-2 (b) The Texas Natural Resource Conservation Commission has
52-3 filed its recommendations relating to this Act with the governor,
52-4 lieutenant governor, and speaker of the house of representatives
52-5 within the required time.
52-6 (c) All requirements of the constitution and laws of this
52-7 state and of the rules and procedures of the legislature with
52-8 respect to the notice, introduction, and passage of this Act are
52-9 fulfilled and accomplished.
52-10 SECTION 7.02. EXISTING CONSERVATION AND RECLAMATION
52-11 DISTRICTS. Notwithstanding any provision of this Act, this Act
52-12 does not impair, limit, supersede, or alter the powers, rights,
52-13 privileges, duties, functions, or jurisdiction of a conservation
52-14 and reclamation district in existence on the effective date of this
52-15 Act the territory of which comprises at least three counties and
52-16 includes all or part of the district, except that such a
52-17 conservation and reclamation district may not impose or apply any
52-18 regulatory ordinance, rule, or regulation within the district
52-19 without the agreement of the district.
52-20 SECTION 7.03. EXISTING SERVICE. A local government
52-21 providing water, wastewater, drainage, or solid waste disposal
52-22 service to an area within the district on January 1, 1995, shall
52-23 continue to provide the service to all applicants for the service
52-24 located within the local government's service area on January 1,
52-25 1995. If, on January 1, 1995, a contract exists that applies to a
52-26 local government's provision of water, wastewater, drainage, or
52-27 solid waste disposal service within the district, then the local
53-1 government's obligation to provide service is governed by the
53-2 contract during the contract's term.
53-3 SECTION 7.04. SEVERABILITY. If any portion of this Act or
53-4 the application of any portion of this Act to any person or set of
53-5 circumstances is held by a court to be unconstitutional, void,
53-6 invalid, or unenforceable, the validity of the remaining portions
53-7 of this Act or the application of the challenged portion of the Act
53-8 to other persons or sets of circumstances shall not be affected by
53-9 the court's holding. It is the intent of the legislature in
53-10 adopting this Act that no portion of the Act become inoperative or
53-11 fail by reason of the unconstitutionality or invalidity of any
53-12 other portion of the Act.
53-13 SECTION 7.05. EMERGENCY. The importance of this legislation
53-14 and the crowded condition of the calendars in both houses create an
53-15 emergency and an imperative public necessity that the
53-16 constitutional rule requiring bills to be read on three several
53-17 days in each house be suspended, and this rule is hereby suspended,
53-18 and that this Act take effect and be in force from and after its
53-19 passage, and it is so enacted.