1-1 By: Wentworth S.B. No. 1700
1-2 (In the Senate - Filed May 2, 1995; May 2, 1995, read first
1-3 time and referred to Committee on State Affairs; May 8, 1995,
1-4 rereferred to Committee on Natural Resources; May 11, 1995,
1-5 reported adversely, with favorable Committee Substitute by the
1-6 following vote: Yeas 6, Nays 2; May 11, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1700 By: Haywood
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the creation, administration, powers, including the
1-11 power of eminent domain, duties, operation, and financing of the
1-12 Southwest Travis County Water District.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 ARTICLE 1. GENERAL PROVISIONS
1-15 SECTION 1.01. CREATION. (a) A conservation and reclamation
1-16 district, to be known as the Southwest Travis County Water
1-17 District, is created in Travis County. A confirmation election is
1-18 not necessary. The district is a governmental agency and a body
1-19 politic and corporate.
1-20 (b) The district is created under and is essential to
1-21 accomplish the purposes of Section 59, Article XVI, Texas
1-22 Constitution.
1-23 SECTION 1.02. DEFINITIONS. In this Act:
1-24 (1) "Board" means the board of directors of the
1-25 district.
1-26 (2) "Commission" means the Texas Natural Resource
1-27 Conservation Commission.
1-28 (3) "Director" means a member of the board.
1-29 (4) "Disposal system" means any system for disposing
1-30 of waste, including a sewer system, drainage system, or treatment
1-31 facility.
1-32 (5) "District" means the Southwest Travis County Water
1-33 District.
1-34 (6) "Local government" means a municipality, county,
1-35 river authority, or water district or authority acting under
1-36 Section 52, Article III, or Section 59, Article XVI, Texas
1-37 Constitution.
1-38 (7) "Person" has the meaning assigned by Section
1-39 311.005, Government Code.
1-40 (8) "Pollution" has the meaning assigned by Section
1-41 26.001, Water Code.
1-42 (9) "System" means a network of pipelines, conduits,
1-43 canals, pumping stations, force mains, and all other constructions,
1-44 devices, and related appliances used to transport water or waste.
1-45 (10) "Treatment facility" means a plant, disposal
1-46 field, lagoon, incinerator, sanitary landfill, or other facility
1-47 installed for the purpose of treating, neutralizing, or stabilizing
1-48 waste.
1-49 (11) "Waste" means waterborne liquid, gaseous, or
1-50 solid substances that result from a discharge from a treatment
1-51 facility or disposal system.
1-52 (12) "Water" means groundwater, percolating or
1-53 otherwise, and a lake, pond, impounding reservoir, spring, river,
1-54 stream, creek, canal, or any other surface water, natural or
1-55 artificial, navigable or nonnavigable, that is wholly or partially
1-56 in the district.
1-57 ARTICLE 2. ADMINISTRATIVE PROVISIONS
1-58 SECTION 2.01. BOARD. (a) The district's powers, rights,
1-59 duties, and functions are exercised by a board of directors.
1-60 (b) The board consists of:
1-61 (1) three members appointed by the governor;
1-62 (2) three members appointed by the lieutenant
1-63 governor; and
1-64 (3) three additional members appointed by the
1-65 lieutenant governor from a list provided by the speaker of the
1-66 house of representatives.
1-67 (c) In appointing members under Subsection (b)(3) of this
1-68 section, the lieutenant governor may reject the names on the list
2-1 and request another list from the speaker.
2-2 SECTION 2.02. DIRECTOR ELIGIBILITY. To be eligible for
2-3 appointment as a director, a person must be a resident of Travis
2-4 County. At least five of the directors must reside in the
2-5 district.
2-6 SECTION 2.03. TERMS OF DIRECTORS AND APPOINTMENT PROCEDURES.
2-7 (a) Other than initial directors, directors are appointed for
2-8 staggered terms of six years with three members' terms expiring
2-9 September 1 of each odd-numbered year.
2-10 (b) Appointment of initial directors shall be made promptly
2-11 after this Act takes effect. The governor and lieutenant governor
2-12 each shall appoint one initial director to serve a term expiring
2-13 September 1, 1997, one initial director to serve a term expiring
2-14 September 1, 1999, and one initial director to serve a term
2-15 expiring September 1, 2001. In addition, the lieutenant governor
2-16 shall appoint three initial directors from a list provided by the
2-17 speaker of the house of representatives with one to serve a term
2-18 expiring September 1, 1997, one to serve a term expiring September
2-19 1, 1999, and one to serve a term expiring September 1, 2001.
2-20 (c) When a director's term expires, the person who appointed
2-21 the director shall appoint a successor.
2-22 (d) When a director dies, resigns, or is otherwise removed,
2-23 the person who appointed the director shall appoint a successor to
2-24 serve for the unexpired term.
2-25 SECTION 2.04. QUALIFICATION OF DIRECTOR. Each director must
2-26 qualify to serve as director in the manner provided by Sections
2-27 51.078 and 51.079, Water Code. The district shall pay the premiums
2-28 for each director's bond required under Section 51.079, Water Code.
2-29 SECTION 2.05. MEETINGS AND ACTIONS OF THE BOARD. (a) The
2-30 board shall adopt bylaws at its first meeting or as soon after the
2-31 first meeting as is practicable.
2-32 (b) The board shall meet at least four times each year and
2-33 may meet at any other time provided in its bylaws.
2-34 (c) A majority of the directors constitutes a quorum for the
2-35 transaction of business. Except as otherwise provided in this Act,
2-36 the vote of a majority of directors present at a meeting at which a
2-37 quorum is present is required for board action.
2-38 SECTION 2.06. ORGANIZATION OF BOARD. (a) The board shall
2-39 elect from its members a chair, vice chair, secretary, and other
2-40 officers as necessary. A person elected to a board office serves
2-41 in that capacity for a period of two years or until the person
2-42 ceases to be a director, whichever occurs first. An officer's
2-43 period of service begins at a time provided by the bylaws.
2-44 (b) If a vacancy occurs in a board office, the directors
2-45 shall elect a person to fill the unexpired period of service at the
2-46 next board meeting.
2-47 (c) The board by its bylaws shall prescribe:
2-48 (1) the powers and duties of each board office; and
2-49 (2) procedures to remove a director from a board
2-50 office.
2-51 SECTION 2.07. INTEREST IN CONTRACT. A director who is
2-52 financially interested in a contract proposed to be executed by the
2-53 district for the purchase of property or services or the
2-54 construction of facilities shall disclose the interest to the board
2-55 and may not vote on acceptance of the contract.
2-56 SECTION 2.08. DIRECTOR'S COMPENSATION. (a) Subject to
2-57 Subsection (b) of this section, a director is entitled to receive
2-58 an allowance of $50 a day and reimbursement for actual and
2-59 necessary expenses incurred:
2-60 (1) for each day the director attends a meeting of the
2-61 board; and
2-62 (2) for each day the board authorizes the director to
2-63 attend to district business.
2-64 (b) A director may not receive a per diem allowance for more
2-65 than 20 days in a calendar year.
2-66 SECTION 2.09. GENERAL MANAGER. (a) The board shall employ
2-67 a general manager for a term and salary set by the board.
2-68 (b) The general manager is the chief executive officer of
2-69 the district. In accordance with policies adopted by the board,
2-70 the general manager is responsible for:
3-1 (1) administering the board's directives;
3-2 (2) keeping the district's records, including minutes
3-3 of board meetings;
3-4 (3) coordinating with state, federal, and local
3-5 agencies;
3-6 (4) developing plans and programs for the board's
3-7 approval;
3-8 (5) hiring, supervising, training, and discharging the
3-9 district's employees;
3-10 (6) obtaining technical, scientific, legal, fiscal,
3-11 and other professional services; and
3-12 (7) performing any other duties the board assigns.
3-13 (c) The board may discharge the general manager.
3-14 SECTION 2.10. EMPLOYEES BONDS. (a) The general manager and
3-15 each employee of the district who is charged with the collection,
3-16 custody, or payment of any money of the district shall execute a
3-17 fidelity bond in an amount determined by the board and in a form
3-18 and with a surety approved by the board.
3-19 (b) The district shall pay the premiums on the employees'
3-20 bonds under this section.
3-21 SECTION 2.11. PRINCIPAL OFFICE. The district shall maintain
3-22 its principal office inside the district.
3-23 SECTION 2.12. RECORDS. (a) The district shall keep:
3-24 (1) complete and accurate accounts of its business
3-25 transactions in accordance with generally accepted methods of
3-26 accounting;
3-27 (2) complete and accurate minutes of its meetings; and
3-28 (3) its accounts, contracts, documents, minutes, and
3-29 other records at its principal office.
3-30 (b) The district shall permit reasonable public inspection
3-31 of its records during regular business hours.
3-32 SECTION 2.13. SEAL. The district shall adopt a seal and may
3-33 change the seal from time to time.
3-34 SECTION 2.14. SUIT. The district may sue and be sued in its
3-35 corporate name.
3-36 ARTICLE 3. POWERS AND DUTIES
3-37 SECTION 3.01. GENERAL POWERS AND DUTIES. (a) The district
3-38 shall:
3-39 (1) administer and enforce the terms of this Act;
3-40 (2) use its facilities and powers to accomplish the
3-41 purposes of this Act;
3-42 (3) coordinate the provision of water, wastewater,
3-43 solid waste disposal, and drainage services in the district; and
3-44 (4) control and abate water pollution in the district.
3-45 (b) Except as otherwise provided in this Act, the creation
3-46 of a local government or political subdivision in the district is
3-47 prohibited unless approved by board resolution. Annexation of
3-48 district territory by a local government or political subdivision
3-49 is prohibited unless approved by all owners of land to be annexed
3-50 and by board resolution. All area within the district is removed
3-51 and excluded from the extraterritorial jurisdiction of any local
3-52 government or other political subdivision in the state.
3-53 (c) Subject only to the commission's authority, the district
3-54 has exclusive authority in the district, superseding the authority
3-55 of any local government, to:
3-56 (1) regulate septic tanks;
3-57 (2) prohibit the pollution of and enforce rules
3-58 regarding any stream, drain, or tributary that may constitute a
3-59 source of water supply;
3-60 (3) adopt and enforce rules protecting a watershed;
3-61 (4) provide for the protection and management of an
3-62 endangered species located within the district or affected by
3-63 activities in the district;
3-64 (5) regulate the subdivision of land;
3-65 (6) regulate all zoning and land use;
3-66 (7) regulate resource extraction activities; and
3-67 (8) regulate the use and development of public
3-68 parkland.
3-69 (d) Subject only to the commission's authority, the district
3-70 has exclusive authority, superseding the authority of any local
4-1 government, to:
4-2 (1) coordinate the provision of water, wastewater,
4-3 solid waste disposal, or drainage services within, to, or from the
4-4 district; and
4-5 (2) control or abate water pollution within or caused
4-6 within the district.
4-7 (e) Except as expressly limited by this Act, the district
4-8 has all powers, rights, and privileges necessary and convenient for
4-9 accomplishing the purposes of this Act that are conferred by
4-10 general law upon any conservation and reclamation district created
4-11 pursuant to Section 59, Article XVI, Texas Constitution.
4-12 (f) The powers granted to the district in this Act are
4-13 cumulative of all powers granted by other law.
4-14 SECTION 3.02. DISTRICT RULES. (a) The district shall adopt
4-15 and enforce rules reasonably required to implement this Act,
4-16 including rules governing procedure and practice before the board.
4-17 (b) The district shall print its rules and furnish copies of
4-18 the rules to any person on written request.
4-19 SECTION 3.03. INSPECTIONS AND INVESTIGATIONS. The district
4-20 may enter public or private property in the district's territory
4-21 for the purpose of inspecting and investigating conditions relating
4-22 to its authorized purposes under the same provisions and
4-23 restrictions applicable to the commission.
4-24 SECTION 3.04. HEARING AND ORDER. (a) The board may:
4-25 (1) hold hearings, receive evidence from any party in
4-26 interest who appears before the board, compel the attendance of
4-27 witnesses, and make findings of fact and determinations with
4-28 respect to administering this Act or any order or rule of the
4-29 district; and
4-30 (2) delegate to one or more of its members or
4-31 employees the authority to take testimony and administer oaths in
4-32 any hearing held or authorized to be held by the district.
4-33 (b) An order of the board must be:
4-34 (1) in the district's name; and
4-35 (2) attested by proper members of the board under the
4-36 district's rules.
4-37 SECTION 3.05. CIVIL PENALTY; INJUNCTION. (a) A person who
4-38 violates a rule, permit, or order of the district is subject to a
4-39 civil penalty of not less than $50 and not more than $1,000 for
4-40 each violation or each day of a continuing violation.
4-41 (b) The district may sue to recover the penalty in a
4-42 district court in the county where the violation occurred. The
4-43 penalty shall be paid to the district.
4-44 (c) The district may sue for injunctive relief in a district
4-45 court in the county where a violation of its rule, permit, or order
4-46 occurs or is threatened to occur. The court may grant to the
4-47 district, without bond or other undertaking, a prohibitory or
4-48 mandatory injunction that the facts warrant, including a temporary
4-49 restraining order, temporary injunction, or permanent injunction.
4-50 (d) The district may sue for injunctive relief and a civil
4-51 penalty in the same proceeding.
4-52 (e) The commission is a necessary party to a suit brought
4-53 under this section.
4-54 SECTION 3.06. COURT REVIEW. (a) A person who is adversely
4-55 affected by a rule, act, or order of the district may sue the
4-56 district in district court to set aside the rule, act, or order.
4-57 (b) The suit must be filed not later than the 60th day after
4-58 the date on which the rule, act, or order takes effect.
4-59 (c) If a person challenges in court the validity of all or
4-60 any portion of this Act and does not prevail in the challenge, the
4-61 court shall order the person to pay the reasonable attorney's fees,
4-62 expert witness fees, and other costs incurred by all opposing
4-63 parties in defending this Act.
4-64 SECTION 3.07. WATER QUALITY STANDARDS AND CRITERIA.
4-65 (a) The board shall prescribe a water pollution control and
4-66 abatement program for the district after public hearing. The
4-67 program must:
4-68 (1) apply equally and uniformly throughout the
4-69 district; and
4-70 (2) be designed to achieve state water quality
5-1 standards adopted by the commission and in effect on January 1,
5-2 1995.
5-3 (b) The district shall submit the program to the commission
5-4 for review and approval. The commission by rule may provide
5-5 criteria for the review and approval of the program, based on
5-6 achieving state water quality standards adopted by the commission
5-7 and in effect on January 1, 1995.
5-8 (c) If the commission finds that the proposed program will
5-9 not achieve state water quality standards, it shall notify the
5-10 district in writing of the specific objections not later than the
5-11 30th day after receipt of the proposed program. The district may
5-12 amend the proposed program in response to the commission's
5-13 objections. If the district amends the proposed program in
5-14 response to the commission's objections, the commission shall
5-15 promptly notify the district in writing whether the commission
5-16 approves the proposal as amended.
5-17 (d) If the commission does not notify the district that it
5-18 objects to the proposed program as required by Subsection (c) of
5-19 this section, the program shall become operative on the 31st day
5-20 after the commission receives the proposed program. If the
5-21 commission notifies the district as required by Subsection (c) of
5-22 this section that it finds the proposed program will not achieve
5-23 state water quality standards, the program may not become operative
5-24 until the date on which the commission approves the program.
5-25 (e) The commission shall adopt and assess fees adequate to
5-26 recover the costs of the commission in administering this section.
5-27 SECTION 3.08. WATER, WASTEWATER, OR DRAINAGE CONTROL PLANS.
5-28 (a) The district shall, as needed, develop, prepare, and revise
5-29 comprehensive water, wastewater, or drainage control plans for
5-30 various areas of the district. The plans must be consistent with
5-31 state water quality standards adopted by the commission and in
5-32 effect on January 1, 1995.
5-33 (b) This Act does not authorize the district to:
5-34 (1) develop, own, or operate a surface water dam or
5-35 reservoir for potable water supply purposes; or
5-36 (2) limit or supersede an existing water management
5-37 plan, water right, or water supply or wastewater treatment facility
5-38 of a river authority in existence on the effective date of this Act
5-39 the territory of which comprises at least three counties and
5-40 includes all or part of the district territory.
5-41 (c) The plans must comply with all requirements of the
5-42 national flood insurance program as prescribed by Subchapter I,
5-43 Chapter 16, Water Code.
5-44 SECTION 3.09. REGULATION OF SOLID WASTE. (a) The district
5-45 has the powers and duties relating to the regulation of solid waste
5-46 granted to a local government under Subchapter E, Chapter 361, and
5-47 Chapter 364, Health and Safety Code.
5-48 (b) The district may adopt rules to implement the powers and
5-49 duties authorized by this section.
5-50 SECTION 3.10. SEPTIC TANKS. (a) If the district finds that
5-51 the nature of the soil or drainage in the district requires
5-52 regulation of septic tanks to prevent water pollution or to
5-53 protect the public health, the district by rule may:
5-54 (1) restrict the number and types of septic tanks
5-55 permitted in a specified area;
5-56 (2) forbid the use of a septic tank in a specified
5-57 area;
5-58 (3) forbid the installation of a new septic tank in a
5-59 specified area;
5-60 (4) establish a permit system for the installation of
5-61 a new septic tank in a specified area; or
5-62 (5) seek a gradual reduction of the number or types of
5-63 septic tanks in a specified area.
5-64 (b) Before the board adopts a rule under this section, the
5-65 board shall:
5-66 (1) consult with the commission; and
5-67 (2) hold a public hearing in the area to be affected
5-68 by the rule.
5-69 SECTION 3.11. SUBDIVISIONS. (a) Subject only to the power
5-70 and jurisdiction, as modified by this Act, of a county under
6-1 Chapter 232, Local Government Code, the district has the exclusive
6-2 power and jurisdiction, superseding the power and jurisdiction of
6-3 any other local government, to approve a plat or replat required of
6-4 a tract of land located within the district. A plat or replat may
6-5 not be filed with the county clerk without the approval of both the
6-6 district and the county with jurisdiction over the land. If a
6-7 county regulation regarding the subdivision of land conflicts with
6-8 a district regulation, the district regulation supersedes the
6-9 county regulation.
6-10 (b) Subject to Subsection (a) of this section, the district
6-11 and the county must approve a plat or replat that satisfies the
6-12 requirements established by the commissioners court of the county
6-13 under Section 232.003, Local Government Code. The district and the
6-14 county shall act on a plat or replat not later than the 60th day
6-15 after the date the plat or replat is filed. A plat or replat is
6-16 approved unless before the 61st day after the date the plat or
6-17 replat is filed:
6-18 (1) the plat or replat is expressly disapproved; and
6-19 (2) a statement of the specific manner in which the
6-20 plat or replat fails to satisfy all applicable regulations is given
6-21 to the owner of the land included in the plat or replat.
6-22 (c) With respect to land within the district, the district
6-23 and a county may not regulate:
6-24 (1) the use of any building or property for business,
6-25 industrial, residential, or other purposes;
6-26 (2) the size, bulk, height, location, or number of
6-27 buildings and other structures that may be constructed or the ratio
6-28 of building area to land area;
6-29 (3) the number of residential units that may be built;
6-30 or
6-31 (4) the size of yards, courts, other open areas, or
6-32 the impervious cover that may be constructed on a tract of land.
6-33 SECTION 3.12. MUNICIPAL UTILITY DISTRICTS. (a) The
6-34 creation of a municipal utility district in the district shall be
6-35 regulated only by the commission. The consent of the district or
6-36 any local government or other political subdivision in the state is
6-37 not required to create a municipal utility district in the
6-38 district.
6-39 (b) The district has exclusive authority to enforce, amend,
6-40 or terminate the provisions of any agreement between or that
6-41 applies to a municipal utility district located within the district
6-42 and any local government or other political subdivision in the
6-43 state relating to:
6-44 (1) land use or site plans;
6-45 (2) restrictive covenants;
6-46 (3) the provision of drainage and solid waste disposal
6-47 services;
6-48 (4) the regulation of septic tanks;
6-49 (5) the control and abatement of water pollution;
6-50 (6) the prohibition of pollution and policing of any
6-51 source of water supply; or
6-52 (7) the protection and policing of watersheds within
6-53 the district.
6-54 (c) The authority granted by Subsection (b) of this section
6-55 supersedes the authority of any local government or other political
6-56 subdivision in the state regarding the matters described by
6-57 Subsection (b) of this section other than the authority of a county
6-58 to enforce, amend, or terminate an agreement pertaining to
6-59 landscape maintenance or a license agreement in the public
6-60 rights-of-way.
6-61 (d) The rules of the district in effect at the time a
6-62 petition for creation of a municipal utility district is filed with
6-63 the commission remain applicable to all land within the municipal
6-64 utility district until all bonds issued by the municipal utility
6-65 district have been paid. After a municipal utility district issues
6-66 bonds for a project approved by the commission, the district or a
6-67 local government or other political subdivision of the state may
6-68 not impose a requirement or condition on the municipal utility
6-69 district that may adversely affect the data, profiles, maps, plans
6-70 and specifications, or land use used to determine the feasibility
7-1 of the project or the financial feasibility or tax base of the
7-2 municipal utility district, unless the requirement or condition is
7-3 made specifically to comply with state or federal law or applies
7-4 only after the bonds issued by the municipal utility district have
7-5 been paid. Any requirement or condition imposed on a municipal
7-6 utility district in conflict with this section is void.
7-7 SECTION 3.13. ACQUISITION, CONSTRUCTION, AND OPERATION OF
7-8 SYSTEMS. The district may:
7-9 (1) acquire and provide by purchase, gift, or lease
7-10 any water service, wastewater service, drainage service, or
7-11 disposal service within the district;
7-12 (2) construct a disposal system and provide disposal
7-13 services within the district;
7-14 (3) operate or sell a disposal system the district
7-15 constructs or acquires;
7-16 (4) contract with any person to operate or maintain a
7-17 disposal system the person owns; and
7-18 (5) contract with any person to train or supervise
7-19 employees of a disposal system.
7-20 SECTION 3.14. SYSTEM CONTRACTS. (a) The district may
7-21 contract to receive and treat or dispose of water, wastewater,
7-22 drainage, or wastes from any person in the district.
7-23 (b) In a contract under this section, the district shall set
7-24 fees on the basis of:
7-25 (1) the quality and quantity of the water, wastewater,
7-26 drainage, or waste;
7-27 (2) the difficulty in treating or disposing of the
7-28 water, wastewater, drainage, or waste;
7-29 (3) operation and maintenance expenses and debt
7-30 retirement service costs; and
7-31 (4) any other reasonable consideration.
7-32 SECTION 3.15. SALE OF WATER OR BY-PRODUCT. The district may
7-33 store and sell:
7-34 (1) water; or
7-35 (2) a by-product from the district's operations.
7-36 SECTION 3.16. PERMITS FROM COMMISSION. (a) The district
7-37 may apply to the commission for a permit to appropriate water.
7-38 (b) The district may apply to the commission for a water
7-39 storage or use permit to store and sell water under Section 3.13 of
7-40 this Act.
7-41 SECTION 3.17. EMINENT DOMAIN. (a) Except as provided by
7-42 Subsection (b) of this section, the district may exercise the power
7-43 of eminent domain under Chapter 21, Property Code, to acquire
7-44 property of any kind in Travis County that is:
7-45 (1) appropriate for the exercise of the district's
7-46 functions; and
7-47 (2) within the district or adjacent to the district.
7-48 (b) The district may not exercise the power of eminent
7-49 domain to acquire the property of a river authority in existence on
7-50 the effective date of this Act the territory of which comprises at
7-51 least three counties and includes all or part of the district
7-52 territory.
7-53 SECTION 3.18. RELOCATION OF FACILITIES. If the district
7-54 requires relocating, raising, lowering, rerouting, changing the
7-55 grade of, or altering the construction of a railroad, highway,
7-56 pipeline, or an electric transmission or distribution, telegraph,
7-57 or telephone line conduit, pole, or facility, the district shall
7-58 pay the cost of that action so as to provide comparable replacement
7-59 of any replaced facility, less the replaced facility's net salvage
7-60 value.
7-61 SECTION 3.19. USE OF PUBLIC EASEMENTS. (a) The district
7-62 may use any public roadway, street, alley, or easement in Travis
7-63 County to accomplish its purposes, without the necessity of
7-64 securing a franchise or other governmental agreement. The use is
7-65 subject to the authority of a county to require the relocation of
7-66 facilities, at the expense of the district, to permit the widening
7-67 or straightening of a road. The county must give the district 30
7-68 days' notice that relocation is required and specify the new
7-69 location for the facilities along the right-of-way of the road.
7-70 (b) Subsection (a) of this section does not apply to an
8-1 easement of a river authority in existence on the effective date of
8-2 this Act the territory of which comprises at least three counties
8-3 and includes all or part of the district territory.
8-4 (c) The district may not change, alter, or damage a portion
8-5 of the state highway system or any county road without first
8-6 obtaining the written consent of the Texas Department of
8-7 Transportation or the county, as applicable. The placement of a
8-8 district facility in a state or county highway right-of-way is
8-9 subject to regulation by the Texas Department of Transportation or
8-10 a county, as applicable.
8-11 SECTION 3.20. ACQUISITION AND DISPOSITION OF PROPERTY.
8-12 (a) The district may purchase, lease, acquire by gift, maintain,
8-13 use, or operate property of any kind that is appropriate for the
8-14 exercise of its functions.
8-15 (b) The board may sell to the highest bidder, at a public or
8-16 private sale, or may exchange any property owned by the district
8-17 that is not required to carry out the district's purposes. Before
8-18 conducting a public or a private sale of property, the district
8-19 shall give notice of its intent to sell the property by publishing
8-20 notice once a week for two consecutive weeks in a newspaper of
8-21 general circulation in the district.
8-22 SECTION 3.21. FACILITIES. The district may acquire,
8-23 construct, extend, improve, maintain, reconstruct, use, or operate
8-24 any facility necessary or convenient to the exercise of its powers,
8-25 rights, duties, or functions.
8-26 SECTION 3.22. CONTRACTS. (a) The district may make
8-27 contracts and execute instruments necessary or convenient to the
8-28 exercise of its powers, rights, duties, or functions. The district
8-29 may not enter into a contract with a term greater than 50 years.
8-30 (b) This section does not prohibit the district from
8-31 purchasing surplus property from the United States through a
8-32 negotiated contract without bids.
8-33 (c) An officer, agent, or employee of the district who is
8-34 financially interested in a contract of the type described in
8-35 Subsection (b) of this section shall disclose the interest to the
8-36 board before the board votes on the acceptance of the contract.
8-37 (d) Notwithstanding any provision of a municipality's
8-38 charter, a contract between the district and a municipality need
8-39 not be submitted to the municipality's electorate.
8-40 SECTION 3.23. COOPERATIVE AGREEMENTS. The district may
8-41 enter into cooperative agreements with other local governments,
8-42 state agencies, or agencies of the United States:
8-43 (1) to perform water, wastewater, drainage, or waste
8-44 disposal management, inspection, and enforcement functions and to
8-45 give technical aid and education services to any party to the
8-46 agreement; and
8-47 (2) to transfer money or property to any party to the
8-48 agreement for the purpose of water quality and waste disposal
8-49 management, inspection, enforcement, and technical aid and
8-50 education.
8-51 SECTION 3.24. COUNTY AUTHORITY. Notwithstanding any other
8-52 provision of this Act, this Act does not affect a county's
8-53 authority acting under an order or ordinance of the commissioners
8-54 court of the county or by a rule or regulation approved by the
8-55 commissioners court of the county:
8-56 (1) related to land use or zoning including the
8-57 authority provided by:
8-58 (A) Chapters 233 and 243, Local Government Code;
8-59 (B) Section 109.33, Alcoholic Beverage Code;
8-60 (C) Chapter 953, Acts of the 70th Legislature,
8-61 Regular Session, 1987 (Article 2372dd-1, Vernon's Texas Civil
8-62 Statutes); or
8-63 (D) other law;
8-64 (2) to regulate subdivisions under Chapter 232, Local
8-65 Government Code, or other law, if the regulation does not conflict
8-66 with Section 3.07(a) of this Act;
8-67 (3) to plan, construct, or maintain public roads or
8-68 related drainage facilities under the County Road and Bridge Act
8-69 (Article 6702-1, Vernon's Texas Civil Statutes) or other law if the
8-70 regulation does not conflict with Section 3.07(a) of this Act; or
9-1 (4) to regulate an on-site sewage disposal system, as
9-2 that term is defined by Section 366.002, Health and Safety Code, or
9-3 a private sewage facility, as that term is defined by Section
9-4 26.031, Water Code.
9-5 ARTICLE 4. GENERAL FISCAL PROVISIONS
9-6 SECTION 4.01. DISBURSEMENT OF MONEY. The district may
9-7 disburse money only by check, draft, order, or other instrument
9-8 signed by the person or persons authorized in the board's bylaws or
9-9 by board resolution.
9-10 SECTION 4.02. FEES AND CHARGES. The district may establish
9-11 fees and charges not to exceed the amounts necessary to enable the
9-12 district to fulfill the obligations imposed on it by this Act.
9-13 SECTION 4.03. LOANS AND GRANTS. (a) The district may
9-14 borrow money and accept grants for its corporate purposes.
9-15 (b) The district may borrow money and accept grants from
9-16 private sources, the United States, the state, and local
9-17 governments. The district may enter into any agreement in
9-18 connection with a loan or grant that does not conflict with state
9-19 or federal law.
9-20 (c) Information of the source, amount, and any restriction
9-21 on expenditure of money the district accepts is public information.
9-22 SECTION 4.04. FISCAL YEAR. The board shall establish the
9-23 district's fiscal year.
9-24 SECTION 4.05. INDEPENDENT AUDIT AND REPORT. (a) The board
9-25 shall have an audit of the district's affairs for each fiscal year
9-26 prepared by an independent certified public accountant of
9-27 recognized integrity and ability.
9-28 (b) The district shall keep at least one copy of the most
9-29 recent audit at the district's principal office.
9-30 (c) The district shall make a copy of the most recent audit
9-31 available for inspection by any interested person during regular
9-32 business hours.
9-33 SECTION 4.06. DEPOSITORY BANKS. (a) The board shall
9-34 designate one or more banks to serve as depository for the
9-35 district's money. The district shall deposit all of its money in
9-36 the designated depository bank or banks, except that:
9-37 (1) to the extent provided in a trust indenture, the
9-38 district may deposit bond proceeds and money pledged to pay bonds
9-39 with the trustee bank named in the trust indenture; and
9-40 (2) money pledged to pay bonds shall be remitted to
9-41 the bank of payment for the payment of principal and interest on
9-42 bonds.
9-43 (b) To the extent that money in a depository bank or trustee
9-44 bank is not invested or insured by the Federal Deposit Insurance
9-45 Corporation, the money shall be secured in the manner provided by
9-46 law for the security of state money.
9-47 (c) Before designating a depository bank, the board shall
9-48 publish notice at least once in a newspaper of general circulation
9-49 in the district requesting applications from banks interested in
9-50 serving as a depository. The notice shall include the time and
9-51 location of the board meeting at which the board proposes to
9-52 designate a depository bank. The board shall prescribe the term of
9-53 service of a depository bank.
9-54 (d) At the time stated in the notice required by Subsection
9-55 (c) of this section, the board shall consider the applications
9-56 received and the management and condition of each bank that files
9-57 an application. The board may designate as a depository the bank
9-58 or banks that offer the most favorable terms and conditions for the
9-59 handling of the district's money and that have proper management
9-60 and the ability to properly handle the district's money.
9-61 Membership of an officer or director of a bank on the board of the
9-62 district does not disqualify the bank from being designated as a
9-63 depository.
9-64 (e) If no application is received by the time stated in the
9-65 notice, the board may designate a bank or banks on such terms and
9-66 conditions as the board considers prudent.
9-67 ARTICLE 5. BOND AND TAX PROVISIONS
9-68 SECTION 5.01. REVENUE BONDS. (a) For the purpose of
9-69 carrying out a power or authority conferred by this Act, the
9-70 district may issue bonds secured by a pledge of all or part of the
10-1 revenues accruing to the district from a source other than ad
10-2 valorem taxes, including money received from tolls, charges, the
10-3 sale of water or other products, and the provision of services.
10-4 (b) The district's bonds shall:
10-5 (1) be authorized by board resolution;
10-6 (2) be issued in the district's name;
10-7 (3) be signed by the chair or vice chair;
10-8 (4) be attested by the secretary; and
10-9 (5) bear the district's seal.
10-10 (c) The board may prescribe the form, denomination, and
10-11 interest rate of bonds issued by the district, except that bonds
10-12 must mature serially or otherwise not more than 50 years after
10-13 their date. The board may sell bonds at prices and under terms
10-14 that the board determines to be the most advantageous reasonably
10-15 available. The district's bonds may be made redeemable before
10-16 maturity at times and prices prescribed in the bonds. The
10-17 district's bonds may be secured by an indenture of trust with a
10-18 corporate trustee.
10-19 (d) The district may issue bonds in more than one series as
10-20 required for carrying out the purposes of this Act. The district
10-21 may, in issuing bonds secured by the district's revenues, reserve
10-22 the right to issue additional bonds secured by the district's
10-23 revenues that are on a parity with or are senior or subordinate to
10-24 the bonds issued earlier.
10-25 (e) The resolution authorizing the bonds or the trust
10-26 indenture securing the bonds may specify additional provisions that
10-27 shall constitute a contract between the district and its
10-28 bondholders. The board may provide:
10-29 (1) for additional bond provisions; and
10-30 (2) for a corporate trustee or receiver to take
10-31 possession of the district's facilities if the district defaults.
10-32 SECTION 5.02. REFUNDING BONDS. (a) The district may issue
10-33 refunding bonds to refund outstanding bonds and interest authorized
10-34 by this Act.
10-35 (b) Refunding bonds may:
10-36 (1) be issued to refund one or more series of
10-37 outstanding bonds;
10-38 (2) combine the pledges for the outstanding bonds for
10-39 the security of the refunding bonds; and
10-40 (3) be secured by other or additional revenues.
10-41 (c) The provisions of this Act applicable to the district's
10-42 issuance of other bonds, their security, their approval by the
10-43 attorney general, and the remedies of the holders are applicable to
10-44 refunding bonds.
10-45 (d) Refunding bonds shall be registered by the comptroller
10-46 of public accounts on surrender and cancellation of the bonds to be
10-47 refunded. Alternatively, the resolution authorizing the issuance
10-48 of refunding bonds may provide that the bonds shall be sold and the
10-49 resulting proceeds deposited in the bank where the bonds to be
10-50 refunded are payable, in which case the refunding bonds may be
10-51 issued in an amount sufficient to pay the principal and interest of
10-52 the bonds to be refunded to their option or maturity date. The
10-53 comptroller of public accounts shall register the refunding bonds
10-54 without concurrent surrender and cancellation of the bonds to be
10-55 refunded.
10-56 SECTION 5.03. APPROVAL AND REGISTRATION OF BONDS. After the
10-57 district authorizes any bonds, the district shall submit the bonds
10-58 and the record relating to their issuance to the attorney general
10-59 for approval. If the bonds are secured by a pledge of the proceeds
10-60 of a contract between the district and a municipality or other
10-61 governmental agency, authority, or district, the district shall
10-62 submit to the attorney general a copy of the contract and the
10-63 proceedings of the municipality or other governmental agency,
10-64 authority, or district authorizing the contract. If the attorney
10-65 general finds that the bonds have been authorized and the
10-66 contracts, if any, have been made in accordance with the
10-67 constitution and laws of the state, the attorney general shall
10-68 approve the bonds and contracts. On approval, the bonds shall then
10-69 be registered by the comptroller of public accounts.
10-70 SECTION 5.04. BOND ELECTION. The district may issue bonds
11-1 without an election.
11-2 SECTION 5.05. AUTHORIZED INVESTMENTS. Bonds and refunding
11-3 bonds of the district are legal, eligible, and authorized
11-4 investments for a public fund of the state, including the State
11-5 Permanent School Fund, or a state agency.
11-6 SECTION 5.06. AD VALOREM TAXATION. (a) Except as provided
11-7 by Subsection (b) of this section, the district may not levy and
11-8 collect ad valorem taxes.
11-9 (b) The qualified voters in the district may, in an election
11-10 called for that purpose, authorize the district to levy and collect
11-11 ad valorem taxes for the maintenance of the district and its
11-12 improvements.
11-13 ARTICLE 6. DISTRICT BOUNDARIES
11-14 SECTION 6.01. DESCRIPTION OF BOUNDARIES. The district
11-15 includes all the territory contained within the following area,
11-16 whether the territory contains noncontiguous parcels of land and
11-17 whether the territory is located within the boundaries of any
11-18 municipality or other governmental entity or political subdivision
11-19 of the state:
11-20 The 4,661.248 acre tract out of the John Moore Survey No. 66, the
11-21 Jesse Williams Survey No. 62, the Samuel Hamilton Survey No. 16,
11-22 the John G. McGeeHee Survey No. 6, the Thomas Brite Survey No. 65,
11-23 the J. D. Cady Survey Abstract No. 139, the C. W. Hudson Survey No.
11-24 43, the Richard Hailey Survey No. 35, the Corbet Stevens Survey No.
11-25 63, the J. Burleson Survey No. 64, the John M. Bright Survey No.
11-26 63, the C. W. Hudson Survey No. 43, the H. Haigwood Survey No. 433,
11-27 the H. W. Cocke Survey No. 432 and the H. W. Cocke Survey No. 83,
11-28 Travis County, Texas, being a portion of that 2,807.1345 acre
11-29 tract, described as Tract 1, all of that 538.5087 acre tract,
11-30 described as Tract 2, a portion of that 214.8756 acre tract,
11-31 described as Tract 3, and all of that 100.0000 acre tract,
11-32 described as Tract 4 all conveyed by deed to Circle C Land Corp.
11-33 recorded in Volume 11620, Page 1126 of the Travis County Deed
11-34 Records, all of that 11.7446 acre tract contained within the
11-35 aforesaid 214.8756 acre tract, as dedicated for Slaughter Lane
11-36 (120.00' right-of-way), by plat recorded in Book 86, Pages 180C and
11-37 180D of the Travis County Plat Records, all of that 79.9863 acre
11-38 tract conveyed to the City of Austin by deed recorded in Volume
11-39 9495, Page 275, of the said Deed Records, all of that 46.50000 acre
11-40 tract conveyed to the City of Austin, by deed recorded in Volume
11-41 9495, Page 289 of the said Deed Records, all of that 285.4585 acre
11-42 tract, conveyed to the City of Austin by deed recorded in Volume
11-43 9495, Page 281 of the said Deed Records, a 25.4133 acre portion of
11-44 that 412.3003 acre tract conveyed to Ira John Yates by deed
11-45 recorded in Volume 10166, Page 726 of the said Deed Records, all of
11-46 that 85.033 acre tract conveyed to Mopac South Transportation
11-47 Corporation by deed recorded in Volume 10719, Page 926 of the said
11-48 Deed Records, all of that 13.845 acre tract conveyed to Mopac South
11-49 Transportation Corporation by deed recorded in Volume 10719, Page
11-50 920 of the said Deed Records, all of that 99.560 acre tract
11-51 conveyed to R. Alan Haywood, Trustee by deed recorded in Volume
11-52 11505, Page 55 of the said Deed Records, all of that 100.2215 acre
11-53 tract, described as Parcel "A", conveyed to Carlene H. Klaus by
11-54 deed recorded in Volume 9724, Page 329 of the said Deed Records,
11-55 all of that 100.2215 acre tract, described as Parcel "B", conveyed
11-56 to Ursula H. Kutra by deed recorded in Volume 9724, Page 317 of the
11-57 said Deed Records, all of that 100.2215 acre tract, described as
11-58 Parcel "C", conveyed to Amelia H. Mettke by deed recorded in Volume
11-59 9724, Page 321 of the said Deed Records, a portion of that certain
11-60 126.73 acre tract, conveyed to Mrs. Ruby Pauls Spillar by deed
11-61 recorded in Volume 700, Page 369 of the said Deed Records, and
11-62 being a portion of 1248.93 acres, described as various tracts,
11-63 conveyed to Mrs. Ruby Pauls Spillar by deed recorded in Volume 118,
11-64 Page 455 of the Said Deed Records; the said 4,661.248 acre tract
11-65 being more particularly described as follows:
11-66 BEGINNING at a 5/8" iron rod found in the easterly
11-67 right-of-way line of State Highway F.M. 1826 (80' wide) being the
11-68 northwest corner of the said 538.5087 acre tract, a point in the
11-69 southerly line of those tracts of land conveyed to Oak Hill Heights
11-70 Joint Venture by deed recorded in Volume 8154, Page 552, and the
12-1 most westerly point of a boundary line agreement between Jack Mann
12-2 and Josephene Turnbull as described in a deed recorded in Volume
12-3 1133, Page 464 of the said Deed Records;
12-4 THENCE, in a southeasterly direction along the line as
12-5 established by the said boundary line agreement, being the
12-6 northerly line of the 538.5087 acre tract and the southerly line of
12-7 the said Oak Hill Heights Joint Venture, tracts for the following
12-8 nine (9) courses:
12-9 1) S5922'13"E, 133.45 feet to a 1/2" iron pipe found;
12-10 2) S5933'32"E, 676.69 feet to a 5/8" iron rod found;
12-11 3) S5953'12"E, 415.00 feet to a 5/8" iron rod found;
12-12 4) S6013'30"E, 358.42 feet to a 5/8" iron rod found;
12-13 5) S6029'18"E, 157.98 feet to a 1/2" iron rod found for the
12-14 northeast corner of the said 70.96 acre tract, being the northwest
12-15 corner of the 154.44 acre tract;
12-16 6) S6027'13"E, 482.95 feet to a 1/2" iron pipe found;
12-17 7) S6059'20"E, 834.39 feet to a 1/2" iron pipe found;
12-18 8) S6114'02"E, 646.28 feet to a 1/2" iron pipe found;
12-19 9) S6141'08"E, 306.72 feet to a 1/2" iron pipe found;
12-20 THENCE, S6206'50"E, 332.04 feet to a 1/2" iron pipe found
12-21 for the most easterly corner of the aforesaid boundary line
12-22 agreement, being a northeast corner of the 538.5087 acre tract, the
12-23 southeast corner of the said Oak Hill Heights Joint Venture tracts
12-24 and a point in a westerly line of that 479.58 acre tract conveyed
12-25 to Village Joint Venture by deed recorded in Volume 8539, Page 511
12-26 of the Deed Records of Travis County, Texas;
12-27 THENCE, S3005'47"W, at approximately 1,833.10 feet pass the
12-28 northwest corner of the Village at Western Oaks Subdivision,
12-29 Section 16-A, recorded in Book 86, Pages 62A through 62D, for a
12-30 total distance of 2,399.06 feet to a 5/8" iron rod found;
12-31 THENCE, S2950'30"W, with the easterly line of the said
12-32 538.5087 acre tract, 276.17 feet to a 1/2" iron pipe found for the
12-33 southwest corner of Village at Western Oaks, Section 16-A, being an
12-34 ell corner of the aforesaid 538.5087 acre tract, and a point on the
12-35 centerline of an existing Humble Pipeline Company, pipeline
12-36 easement described in a deed recorded in Volume 994, Page 397 of
12-37 the said Deed Records;
12-38 THENCE, S7011'10"E, with the said Humble Pipeline Company
12-39 easement, being the common line between the 538.5087 acre tract and
12-40 Village at Western Oaks, Section 16-A, at 600.33 feet pass a 1/2"
12-41 iron pipe found, at 1,831.37 feet pass a 1/2" iron pipe found, for
12-42 a total distance of 2,413.41 feet to a 1/2" iron rod set on a curve
12-43 to the left in the easterly right-of-way line of Escarpment
12-44 Boulevard (120.00 foot right-of-way) for the southeast corner of
12-45 the aforesaid Village at Western Oaks Subdivision, Section 16-A;
12-46 THENCE, S7011'10"E, continuing with the north line of the
12-47 538.5087 acre tract at 2,913.32 feet pass an iron pipe found at
12-48 3,651.25 feet pass a second iron pipe found, for a total distance
12-49 of 4,238.43 feet to an iron pipe found for the northeast corner of
12-50 the said 538.5087 acre tract, being the southeast corner of that
12-51 479.58 acre tract conveyed to Village Joint Venture by deed
12-52 recorded in Volume 8539, Page 511 and a point in the westerly line
12-53 of that 531.07 acre tract conveyed to Maple Run Joint Venture by
12-54 deed recorded in Volume 7979, Page 932, both of the said deed
12-55 records; the found pipe is also the southeast corner of the
12-56 right-of-way dedicated for State Highway Loop 1 as shown on a plat
12-57 of Village at Western Oaks, Section 21, a subdivision recorded in
12-58 Book 86, Page 145C of the Map Records of Travis County, Texas;
12-59 THENCE, S3040'24"W, with the common line between the
12-60 538.5087 acre tract and the 531.07 acre tract, 448.59 feet to an
12-61 iron rod found;
12-62 THENCE, S3040'33"W, continuing with the said common line
12-63 between the 538.5087 acre tract and the 531.07 acre tract, 450.39
12-64 feet to an iron rod found;
12-65 THENCE, S7200'01"E, continuing with the said common line,
12-66 158.07 feet to an iron rod found near the centerline of Slaughter
12-67 Creek.
12-68 THENCE, S0218'37"E, continuing with the said common line, at
12-69 230.03 feet pass an iron rod found for the most easterly corner of
12-70 the 538.5087 acre tract, and a northerly corner of the above
13-1 mentioned 285.4585 acre City of Austin tract, for a total distance
13-2 of 424.50 feet to an iron pipe found;
13-3 THENCE, leaving the southerly line of the 538.5087 acre
13-4 tract, along the common line between the said 531.07 acre tract and
13-5 the 285.4585 acre tract for the following eleven (11) courses:
13-6 1) S4145'47"E, for a distance of 96.65 feet to an iron rod
13-7 found;
13-8 2) S7631'42"E, for a distance of 110.76 feet to an iron rod
13-9 found;
13-10 3) N8420'26"E, for a distance of 172.94 feet to an iron rod
13-11 found;
13-12 4) S4757'27"E, for a distance of 109.79 feet to an iron rod
13-13 found;
13-14 5) S2042'20"W, for a distance of 195.48 feet to an iron rod
13-15 found;
13-16 6) S4326'45"E, for a distance of 149.92 feet to an iron rod
13-17 found;
13-18 7) S2111'38"E, for a distance of 141.55 feet to an iron rod
13-19 found;
13-20 8) S1335'11"W, for a distance of 148.65 feet to an iron rod
13-21 found;
13-22 9) S0515'39"E, for a distance of 347.41 feet to an iron rod
13-23 found;
13-24 10) S4023'14"W, for a distance of 269.29 feet to an iron
13-25 rod found;
13-26 11) S7931'14"W, for a distance of 58.41 feet to a point in
13-27 the centerline of Slaughter Creek;
13-28 THENCE, along the centerline of Slaughter Creek, continuing
13-29 with the above said common line between the 531.07 acre tract and
13-30 the 285.4585 acre tract for the following thirteen (13) courses;
13-31 1) S0822'19"W, for a distance of 407.97 feet to an iron rod
13-32 found;
13-33 2) S2626'53"W, for a distance of 329.10 feet to an iron rod
13-34 found;
13-35 3) S0543'44"W, for a distance of 314.04 feet to an iron rod
13-36 found;
13-37 4) S1157'05"E, for a distance of 304.24 feet to an iron rod
13-38 found;
13-39 5) S3706'33"E, for a distance of 176.12 feet to an iron rod
13-40 found;
13-41 6) S6458'21"E, for a distance of 264.75 feet to a nail
13-42 found;
13-43 7) N6439'39"E, for a distance of 295.20 feet to a point;
13-44 8) N8849'06"E, for a distance of 326.14 feet to an iron rod
13-45 found;
13-46 9) S7115'17"E, for a distance of 207.09 feet to an iron rod
13-47 found;
13-48 10) S0537'53"E, for a distance of 155.67 feet to a nail
13-49 found;
13-50 11) S3531'12"E, for a distance of 432.21 feet to an iron
13-51 rod found;
13-52 12) S5645'40"E, for a distance of 110.46 feet to an iron
13-53 pipe found;
13-54 13) S3528'15"E, at a distance of 310.95 feet pass an iron
13-55 pipe found on the east side of Slaughter Creek, for a total
13-56 distance of 323.72 feet to an iron rod found at a fence corner
13-57 post, for the most southerly corner of that certain 19.81 acre
13-58 tract of land conveyed to James W. Akins by a deed recorded in
13-59 Volume 4677, Page 1386 of the said Deed Records and a point in the
13-60 west line of the said 214.8756 acre tract;
13-61 THENCE, N2804'16"E, leaving the north line of the 285.4585
13-62 acre tract, along the common line between the 19.81 acre tract and
13-63 the 214.8756 acre tract, for a distance of 551.99 feet to a 1/2"
13-64 iron rod found;
13-65 THENCE, N2918'16"E, with the said common line between the
13-66 said 221.4613 acre tract and the 19.81 acre tract, 504.48 feet to a
13-67 1/2" iron rod found;
13-68 THENCE, N2951'30"E, with the said westerly line of the
13-69 221.4613 acre tract, at 538.05 feet pass a concrete monument found
13-70 in the southerly right-of-way line of Slaughter Lane (120.00 foot
14-1 right-of-way), at 695.41 feet pass a point in the northerly
14-2 right-of-way line of the aforesaid Slaughter Lane (11.7446 acres),
14-3 for a total distance of 843.60 feet to a 1/2" iron rod found for
14-4 the northwest corner of the abovesaid 214.8756 acre tract, being
14-5 the southwest corner of that certain tract conveyed to Clara Brooks
14-6 Chastain by deed recorded in Volume 6887, Page 178 and a point in
14-7 the easterly line of the remainder of that 531.07 acre tract
14-8 conveyed to Maple Run Joint Venture by deed recorded in Volume
14-9 7979, Page 932 both of the Deed Records of Travis County, Texas;
14-10 THENCE, S5957'00"E, leaving the easterly line of the said
14-11 531.07 acre tract, along the northerly line of the 214.8756 acre
14-12 tract, 638.74 feet to a 3/4" iron pipe found for the southeast
14-13 corner of the said Clara Brooks Chastain Tract, being the southwest
14-14 corner of that 199.65 acre tract conveyed to J.D. Carrol et. al. by
14-15 deed recorded in Volume 2522, Page 442 of the said Deed Records;
14-16 THENCE, with the common line between the said 214.8756 acre
14-17 tract and the 199.65 acre tract for the following four (4) courses:
14-18 1) S5953'05"E, 941.26 feet to a 3/4" iron pipe found;
14-19 2) S5944'07"E, 887.29 feet to a 3/4" iron pipe found;
14-20 3) S5925'09"E, 385.48 feet to a 3/4" iron pipe found;
14-21 4) S5938'47"E, 520.87 feet to a 1/2" iron rod found for the
14-22 most northerly northeast corner of the said 214.8756 acre tract,
14-23 being the northwest corner of that 5.1589 acre tract conveyed to
14-24 Gary L. Bradley, Trustee by deed recorded in Volume 8882, Page 748
14-25 of the said Deed Records;
14-26 THENCE, leaving the southerly line of the said 199.65 acre
14-27 tract, with the common line between the 214.8756 acre tract and the
14-28 5.1589 acre tract for the following two (2) courses:
14-29 1) S3030'08"W, 498.76 feet to a 1/2" iron rod found;
14-30 2) S5929'52"E, 450.00 feet to a 1/2" iron rod found for the
14-31 most easterly northeast corner of the 214.8756 acre tract, being
14-32 the southeast corner of the 5.1589 acre tract and a point in the
14-33 westerly right-of-way line of Brodie Lane (right-of-way varies);
14-34 THENCE, S3030'08"W, leaving the southerly line of the said
14-35 5.1589 acre tract, with the easterly line of the 214.8756 acre
14-36 tract, being the westerly right-of-way line of Brodie Lane, at
14-37 1,161.13 feet pass a point in the aforesaid northerly right-of-way
14-38 line of Slaughter Lane, at 1,311.13 feet pass a point in the
14-39 aforesaid southerly right-of-way line of Slaughter Lane, for a
14-40 total distance of 2,087.89 feet to a 1/2" iron rod found for the
14-41 southeast corner of the abovesaid 214.8756 acre tract, being a
14-42 point in the northerly line of that 400 acre tract conveyed to
14-43 George Barker by deed recorded in Volume 409, Page 158 of the said
14-44 Deed Records;
14-45 THENCE, with the common line between the said 214.8756 acre
14-46 tract and the 400 acre tract for the following eight (8) courses:
14-47 1) N5923'14"W, 357.99 feet to a 3/4" iron pipe found;
14-48 2) N5939'36"W, 234.36 feet to a 3/4" iron pipe found;
14-49 3) N6026'39"W, 371.13 feet to a 3/4" iron pipe found;
14-50 4) N6019'49"W, 607.54 feet to a 3/4" iron pipe found;
14-51 5) N6015'08"W, at 301.82 feet pass a concrete monument
14-52 found, at 371.82 feet pass a concrete monument found, for a total
14-53 distance of 968.19 feet to a 60d nail found in a fence post;
14-54 6) N6045'22"W, continuing with the southerly line of the
14-55 said 214.8756 acre tract, 9.27 feet to a 60d nail found in a fence
14-56 post;
14-57 7) N5935'12"W, continuing along the said southerly line of
14-58 the 214.8756 acre tract, 815.61 feet to a 3/4" iron pipe found;
14-59 8) N5925'45"W, for a distance of 410.57 feet to a concrete
14-60 monument found for the southwest corner of the said 214.8756 acre
14-61 tract, being a point in the easterly line of the said 285.4585 acre
14-62 tract and the northwest corner of the said 400 acre tract;
14-63 THENCE, S3014'54"W, leaving the southerly line of the said
14-64 214.8756 acre tract, with the westerly line of the 400 acre tract,
14-65 at 1,600.00 feet pass a 5/8" iron rod found for the most southerly
14-66 southeast corner of the 285.4585 acre tract, being a northeast
14-67 corner of the said 2807.1345 acre tract, for a total distance of
14-68 3,756.93 feet to a 60d nail found in a fence corner post for the
14-69 most southerly southeast corner of the said 2807.1345 acre tract,
14-70 being the northeast corner of that 2.72 acre tract conveyed to Ray
15-1 McGee by deed recorded in Volume 4647, Page 31 of the said Deed
15-2 Records;
15-3 THENCE, N6309'43"W, leaving the westerly line of the said
15-4 400 acre tract, with the southerly line of the 2807.1345 acre
15-5 tract, 231.13 feet to a 1/2" iron rod found for the northwest
15-6 corner of the said 2.72 acre tract, being the northeast corner of
15-7 that 6.7580 acre tract conveyed to Gary L. Bradley, Trustee by deed
15-8 recorded in Volume 10577, Page 414 of the Deed Records of Travis
15-9 County, Texas;
15-10 THENCE, N6226'14"W, at 425.00 feet pass a 1/2" iron rod
15-11 found for the northwest corner of the said 6.7580 acre tract, being
15-12 the northeast corner of that 1.0000 acre tract conveyed to Gary L.
15-13 Bradley, Trustee by deed recorded in Volume 10577, Page 402 of the
15-14 said Deed Records, at 575.00 feet pass a 1/2" iron rod found for
15-15 the northwest corner of the abovesaid 1.0000 acre tract, being the
15-16 northeast corner of that 1.0000 acre tract conveyed to Gary L.
15-17 Bradley, Trustee by deed recorded in Volume 10577, Page 406 of the
15-18 said Deed Records, at 725.00 feet pass a 1/2" iron rod found for
15-19 the northwest corner of the abovesaid 1.0000 acre tract, being the
15-20 northeast corner of that 1.0000 acre tract conveyed to Brian Lee
15-21 Williamson by deed recorded in Volume 8901, Page 11 of the said
15-22 Deed Records, at 875.00 feet pass a 1/2" iron rod found for the
15-23 northwest corner of the abovesaid 1.0000 acre Williamson Tract,
15-24 being the northeast corner of that 1.0000 acre tract conveyed to
15-25 Gary L. Bradley, Trustee by deed recorded in Volume 10577, Page 410
15-26 of the said Deed Records, at 1025.00 feet pass a 1/2" iron rod
15-27 found for the northwest corner of the abovesaid 1.0000 acre tract,
15-28 being a northerly northeast corner of that abovesaid 1.0000 acre
15-29 tract, being a northerly northeast corner of the said 412.3003 acre
15-30 tract, for a total distance of 1,952.31 feet to a 1/2" iron rod
15-31 found;
15-32 THENCE, with the common line between the said 2,807.1345 acre
15-33 tract and the 412.3003 acre tract for the following three (3)
15-34 courses:
15-35 1) N1354'38"E, 342.33 feet to a 1/2" iron rod found;
15-36 2) S8937'52"W, 501.38 feet to a 1/2" iron rod found;
15-37 3) S6347'26"W, 414.17 feet to a 1/2" iron rod found for the
15-38 northeast corner of a 5.000 acre tract conveyed to Polly Blanton
15-39 Brooks by a deed recorded in Volume 9807, Page 643 of the above
15-40 said Deed Records;
15-41 THENCE, through the 2,807.1345 acre tract, with the north,
15-42 west, and southerly lines of the 5.000 acre tract, the following
15-43 six (6) courses:
15-44 1) N6538'09"W, 415.32 feet to an iron rod found;
15-45 2) S5812'55"W, 207.33 feet to an iron rod found;
15-46 3) S0241'17"E, 301.21 feet to an iron rod found;
15-47 4) N8037'15"E, 92.49 feet to an iron rod found;
15-48 5) S7524'34"E, 416.79 feet to an iron rod found;
15-49 6) S8458'12"E, 142.05 feet to an iron rod found in the
15-50 abovesaid common line between the 2,807.1345 acre tract and the
15-51 412.3003 acre tract;
15-52 THENCE, S1539'52"E, along the said common line, 171.37 feet
15-53 to a 1/2" iron rod found;
15-54 THENCE, continuing with the above said common line,
15-55 S8718'43"W, 2,089.53 feet to a 1/2" iron rod found for the
15-56 northeast corner of the said 85.033 acre tract;
15-57 THENCE, across the said 412.3003 acre tract, with the
15-58 southeasterly line of the said 85.033 acre tract (State Highway
15-59 Loop 1), the following three (3) courses:
15-60 1) S5354'42"W, 276.49 feet to an iron rod found;
15-61 2) S3134'11"W, 1,886.12 feet to an iron rod found for the
15-62 point of curvature of a curve to the left;
15-63 3) With the said curve to the left, having a radius of
15-64 1,000.00 feet, a central angle of 2254'44", a chord distance of
15-65 397.23 feet (chord bears S2006'49"W), for an arc distance of
15-66 399.89 feet to an iron rod found for the intersection of the said
15-67 northerly right-of-way line of State Highway 45 with the
15-68 aforementioned common line between the 412.3003 acre tract and the
15-69 99.56 acre, R. Alan Haywood, Trustee, tract; the found iron rod
15-70 being also the northeast corner of the said 13.845 acre tract;
16-1 THENCE, S8945'07"E, with the north line of the said 99.560
16-2 acre tract, along the south line of the said 412.3003 acre tract,
16-3 1,943.93 feet to an iron rod found;
16-4 THENCE, S8941'17"E, leaving the said south line of the
16-5 remainder of the 412.3003 acre tract, along the north line of the
16-6 99.560 acre tract, for a distance of 436.73 feet to an iron rod
16-7 found for the northeast corner of the 99.560 acre tract, being a
16-8 northwest corner of that 118.757 acre tract conveyed by deed to
16-9 Alain P. Reveilhac, Trustee by deed recorded in Volume 8993, Page
16-10 867 of the said Deed Records;
16-11 THENCE, S0047'45"W, along the common line between the said
16-12 99.560 acre tract and the 118.757 acre tract, 932.88 feet to an
16-13 iron rod found for the southeast corner of the aforesaid 99.560
16-14 acre tract, being a northeast corner of the remainder of that
16-15 723.85 acre tract conveyed to Jack Andrewartha by deed recorded in
16-16 Volume 4413, page 388 of the said Deed Records;
16-17 THENCE, N8944'18"W, leaving the west line of the said 118.57
16-18 acre tract, along the common line between the 99.560 acre tract and
16-19 the remainder of the 723.85 acre tract, at 2,115.36 feet pass an
16-20 iron rod found for the southeast corner of the said 13.845 acre
16-21 tract, at 2,615.10 feet pass an iron rod found for the southeast
16-22 corner of the said 13.845 acre tract, for a total distance of
16-23 4,644.68 feet to an iron rod found for the southwest corner of the
16-24 aforesaid 99.560 acre tract, being a point in the east line of that
16-25 283 acre tract conveyed to Ira Jon Yates by deed recorded in Volume
16-26 7716, Page 845 of the said Deed Records;
16-27 THENCE, N0030'28"E, leaving the said north line of the
16-28 remainder of the 723.85 acre tract, along the common line between
16-29 the 99.560 acre tract and the 283 acre tract, for a distance of
16-30 932.24 feet to a 60d nail found in a fence corner post for the
16-31 northwest corner of the said 99.560 acre tract, being the northeast
16-32 corner of the aforesaid 283 acre tract and being in the southerly
16-33 line of the said 412.003 acre tract;
16-34 THENCE, S8945'07"E, leaving the east line of the said 283
16-35 acre tract, along the south line of the remainder of the 412.3003
16-36 acre tract, being the north line of the 99.560 acre tract, 1,329.07
16-37 feet to an iron rod found on a curve to the left for the northwest
16-38 corner of that 13.845 acre tract, being also the southwest corner
16-39 of that 85.033 acre tract conveyed to Mopac South Transportation
16-40 Corporation;
16-41 THENCE, leaving the north line of the said 99.560 acre tract,
16-42 across the said 412.3003 acre tract, along the southwest line of
16-43 the 85.033 acre tract, for the following three (3) courses:
16-44 1) with the said curve to the left, having a radius of
16-45 7,439.30 feet, a central angle of 0052'47", a chord distance of
16-46 114.22 feet (chord bears N4125'15"W), for an arc distance of
16-47 114.23 feet to an iron rod found for the point of tangency;
16-48 2) N4151'38"W, 2,184.35 feet to an iron rod found for the
16-49 point of curvature of a curve to the left;
16-50 3) with the said curve to the left, having a radius of
16-51 6,649.76 feet, a central angle of 0747'53", a chord distance of
16-52 904.34 feet (chord bears N4545'35"W), for an arc distance of
16-53 905.04 feet to an iron rod found for the intersection of the said
16-54 southwest line of the 85.033 acre tract (State Highway 45) with the
16-55 northerly line of the said 412.3003 acre tract, and the southerly
16-56 line of the 2,807.1345 acre tract;
16-57 THENCE, S8250'26"W, with the common line between the
16-58 2,807.1345 acre tract and the 412.3003 acre tract, 2,560.06 feet to
16-59 a 1/2" iron rod found in the west line of the said Samuel Hamilton
16-60 Survey No. 16, being the east line of the Thomas Brite Survey No.
16-61 65, for an ell corner of the said 2,807.1345 acre tract, being the
16-62 northwest corner of that 412.3003 acre tract mentioned above;
16-63 THENCE, S3031'27"W, along the west line of the Samuel
16-64 Hamilton Survey No. 16 and the east line of the Thomas Brite Survey
16-65 No. 65, for a distance of 561.26 feet to an iron rod found for a
16-66 southerly corner of the said, 2,807.1345 acre tract; being a point
16-67 in the north line of the said 283 acre tract;
16-68 THENCE, S8344'05"W, with the common line between the
16-69 2,807.1345 acre tract and the 283 acre tract, 58.21 feet to an iron
16-70 rod found;
17-1 THENCE, N8950'37"W, with the said common line, 502.68 feet
17-2 to an iron rod found for the northwest corner of the aforesaid 283
17-3 acre tract, and the northeast corner of the aforesaid 126.73 acre
17-4 tract conveyed to Mrs. R. P. Spillar;
17-5 THENCE, leaving the south line of the 2,807.1345 acre tract,
17-6 along the east line of said 126.73 acre Spillar Tract, as found
17-7 fenced and used upon the ground, for the following three (3)
17-8 courses:
17-9 1) S0033'17"W, for a distance of 952.64 feet to an iron pin
17-10 set;
17-11 2) S0032'17"W, for a distance of 255.23 feet to an iron pin
17-12 set;
17-13 3) S0035'17"W, for a distance of 528.60 feet to an iron pin
17-14 set at or near the Southeast corner of the said 126.73 acre Spillar
17-15 Tract, being at or near the Northeast corner of the said 1248.93
17-16 acre Spillar Tract;
17-17 THENCE, along the east line of the said 1248.93 acre Spillar
17-18 Tract, as found fenced and used upon the ground, for the following
17-19 four (4) courses:
17-20 1) S0852'43"E, for a distance of 291.92 feet to an iron pin
17-21 set;
17-22 2) S0854'43"E, for a distance of 445.72 feet to an 60-d
17-23 nail set;
17-24 3) S0004'17"W, for a distance of 1130.96 feet to an iron
17-25 pin set;
17-26 4) S0002'43"E, for a distance of 382.21 feet to a
17-27 calculated point on the approximate County Line between Travis and
17-28 Hays Counties;
17-29 THENCE, N4903'40"W, across the said 1,248.93 acre tract and
17-30 the 126.73 acre tract, along the common line between Travis and
17-31 Hays Counties, 3,986.48 feet to a calculated point in the westerly
17-32 line of the aforesaid 126.73 acre tract;
17-33 THENCE, along the West line of the said 126.73 acre Spillar
17-34 Tract, as found fenced and used upon the ground, for the following
17-35 seven (7) courses:
17-36 1) N0000'17"E, for a distance of 210.21 feet to an iron pin
17-37 set;
17-38 2) N0000'43"W, for a distance of 332.68 feet to an iron pin
17-39 set;
17-40 3) N0005'43"W, for a distance of 102.55 feet to an iron pin
17-41 set;
17-42 4) N8659'43"W, for a distance of 332.58 feet to an iron pin
17-43 set;
17-44 5) N8659'43"W, for a distance of 306.15 feet to an iron pin
17-45 found;
17-46 6) N2917'17"E, for a distance of 565.14 feet to a 60-d nail
17-47 found;
17-48 7) N2402'14"E, for a distance of 22.01 feet to a 60-d nail
17-49 found in a fence post;
17-50 THENCE, S6916'54"W leaving the westerly line of the said
17-51 126.73 acre tract, in a southwesterly direction with the southerly
17-52 fenced line of the 2,807.1345 acre tract, 760.45 feet to an iron
17-53 rod found for the Travis and Hays County Lines;
17-54 THENCE, N4903'54"W, leaving the southerly line of and
17-55 crossing the said line of the 2,807.1345 acre tract, along the
17-56 common line between Travis and Hays Counties, 3,364.02 feet to a
17-57 concrete monument found for county marker Mile Post No. 19;
17-58 THENCE, N4903'02"W, continuing across the said 2,807.1345
17-59 acre tract, along the said line between Travis and Hays Counties,
17-60 347.05 feet to a concrete monument found in the easterly
17-61 right-of-way line of aforesaid State Highway FM 1826;
17-62 THENCE, with the west line of the 2,807.1345 acre tract and
17-63 the east right-of-way line of State Highway FM 1826, the following
17-64 twelve (12) courses:
17-65 1) N0001'09"E, 1,166.34 feet to a concrete monument found;
17-66 2) N0017'55"E, for a distance of 388.69 feet to a concrete
17-67 monument found at the point of curvature of a curve to the right;
17-68 3) with the said curve to the right having a central angle
17-69 of 3047'38", a radius of 1,402.42 feet, a chord distance of 744.70
17-70 feet (chord bears N1541'45"E), for an arc distance of 753.74 feet
18-1 to the point of tangency;
18-2 4) N3105'55"E, for a distance of 1,682.33 feet to a
18-3 concrete monument found at the point of curvature of a transition
18-4 curve to the right;
18-5 5) with the said transition curve to the right having a
18-6 central angle of 0649'48", a beginning radius of 2,834.50 feet, an
18-7 ending radius of 2,829.50 feet, a chord distance of 337.10 feet
18-8 (chord bears N3609'37"E) for an arc distance of 337.30 feet to a
18-9 concrete monument found at the point of tangency;
18-10 6) N3756'03"E, a distance of 443.20 feet to an iron pipe
18-11 found;
18-12 7) N3757'53"E, for a distance of 239.19 feet to a concrete
18-13 monument found at the point of curvature of a curve to the left;
18-14 8) with the said curve to the left having a central angle of
18-15 0726'32", a radius of 1,950.03 feet, a chord distance of 253.12
18-16 feet (chord bears N3405'33"E) for an arc distance of 253.29 feet
18-17 to a concrete monument found at the point of tangency;
18-18 9) N3029'37"E, for a distance of 1,017.58 feet to an iron
18-19 rod found;
18-20 10) N3028'37"E, for a distance of 2,099.60 feet to a
18-21 concrete right-of-way monument found at the point of curvature of a
18-22 curve to the right;
18-23 11) with the said curve to the right, having a central angle
18-24 of 4648'09", a radius of 1,105.91 feet, a chord distance of 878.46
18-25 feet (chord bears N5353'50"E) for an arc distance of 903.37 feet
18-26 to a concrete right-of-way monument found at the point of tangency;
18-27 12) N7719'10"E, for a distance of 189.23 feet to an iron
18-28 pipe found, being the most westerly northwest corner of the above
18-29 said 2,807.1345 acre tract, in the abandoned south right-of-way
18-30 line of Old Austin-Driftwood Road;
18-31 THENCE, leaving the said east right-of-way line of State
18-32 Highway FM 1826 with the fenced north line of the 2,807.1345 acre
18-33 tract, the following nine (9) courses and distances:
18-34 1) S6842'40"E, 378.51 feet to an iron pipe found;
18-35 2) S6341'44"E, 178.82 feet to an iron pipe found;
18-36 3) S2728'23"W, at 347.23 feet pass an iron pipe found 0.07
18-37 feet to the west, for a total distance of 800.09 feet to an iron
18-38 pipe found;
18-39 4) S2421'16"E, 538.49 feet to an iron pipe found;
18-40 5) S0552'50"E, 991.70 feet to an iron pipe found;
18-41 6) S5839'56"E, 1,085.30 feet to an iron pipe found;
18-42 7) N8847'49"E, 563.42 feet to an iron pipe found;
18-43 8) N6424'19"E, 951.91 feet to an iron rod found;
18-44 9) N3241'40"E, 470.77 feet to an iron pipe found;
18-45 THENCE, N3236'10"E, continuing along the north line of the
18-46 2,807.1345 acre tract, 412.97 feet to an iron pipe found in the
18-47 south line of a 217.38 acre tract conveyed to 1826 Associates by
18-48 deed recorded in Volume 3635, Page 634 of the said Deed Records;
18-49 THENCE, S6024'36"E, with the apparent common line between
18-50 the 2,807.1345 acre tract and the 217.38 acre tract, for a distance
18-51 of 349.01 feet to an iron pipe found;
18-52 THENCE, S5358'38"E, continuing with the said common line,
18-53 for a distance of 533.96 feet to an iron pipe found for a northeast
18-54 corner of the 2,807.1345 acre tract and a point in the west line of
18-55 a 100.2215 acre tract conveyed to Carlene Hielscher Klaus by deed
18-56 recorded in Volume 9724, Page 329; said pipe also being the end of
18-57 a boundary line, set by Boundary Line Agreement in Volume 3922,
18-58 Page 1668, both of the Deed Records of Travis County, Texas;
18-59 THENCE, leaving the northerly line of the 2,807.1345 acre
18-60 tract, along the common fenced line between the said 100.2215 acre
18-61 Carlene H. Klaus Tract and the 217.38 acre tract, the following
18-62 four (4) courses:
18-63 1) N2916'04"E, 374.23 feet to an iron rod found;
18-64 2) N3313'41"E, 507.32 feet to an iron rod found;
18-65 3) N2953'38"E, 440.11 feet to an iron rod found;
18-66 4) N3023'23"E, 98.78 feet to an iron rod found for the
18-67 northwest corner of the said 100.2215 acre Klaus Tract, being the
18-68 southwest corner of that 320 acre tract conveyed to Richard
18-69 Hielscher by deed recorded in Volume 1212, Page 526 of the said
18-70 Deed Records;
19-1 THENCE, S5927'22"E, leaving the easterly line of the said
19-2 217.38 acre tract, 737.66 feet to an iron rod found in the
19-3 northerly line of the said 100.2215 acre Carlene H. Klaus Tract;
19-4 THENCE, S5925'12"E, continuing with the northerly line of
19-5 the said 100.2215 acre Klaus Tract, a distance of 252.58 feet to an
19-6 iron rod found for the northeast corner of the aforesaid 100.2215
19-7 acre Carlene H. Klaus Tract, being the northwest corner of the
19-8 aforesaid 100.2215 acre Ursula H. Kutra Tract;
19-9 THENCE, S5925'12"E, with the northerly line of the said
19-10 100.2215 acre Ursula H. Kutra Tract, 512.23 feet to an iron rod
19-11 found;
19-12 THENCE, S5914'29"E, continuing along the northerly line of
19-13 the said 100.2215 acre Ursula H. Kutra Tract, 512.87 feet to an
19-14 iron rod found for the northeast corner of the aforesaid 100.2215
19-15 acre tract, being the northwest corner of the said 100.2215 acre
19-16 Amelia H. Mettke Tract;
19-17 THENCE, S5914'29"E, with the northerly line of the said
19-18 100.2215 acre Amelia H. Mettke Tract, 1,013.17 feet to an iron pipe
19-19 found for the northeast corner of the aforesaid 100.2215 acre
19-20 Amelia H. Mettke Tract, being a point in a westerly line of the
19-21 said 2,807.1345 acre tract, and the southwest corner of the said
19-22 320 acre tract;
19-23 THENCE, N3005'58"E, with the easterly line of the said 320
19-24 acre tract and the west line of the before mentioned 2,807.1345
19-25 acre tract, at 250.00 feet pass a 1/2" iron rod found for the
19-26 southwest corner of the said 79.9863 acre tract, for a total
19-27 distance of 1,357.97 feet to a 60d nail found in a fence corner
19-28 post;
19-29 THENCE, N3049'14"E, with the common line between the said
19-30 79.9863 acre tract and the 320 acre tract, 804.39 feet to a 60d
19-31 nail found in a fence post;
19-32 THENCE, N2750'15"E, continuing with the common line between
19-33 the said 79.9863 acre tract and the 320 acre tract, 125.08 feet to
19-34 a steel fence post found;
19-35 THENCE, N3031'15"E, 204.35 feet to a 5/8" iron rod found;
19-36 THENCE, N2957'23"E, continuing with the common line between
19-37 the 79.9863 acre tract and the 320 acre tract, 360.74 feet to a
19-38 5/8" iron rod found in the southeast line of the aforesaid 538.5087
19-39 acre tract;
19-40 THENCE, N2808'04"W, across the said 320 acre tract, with the
19-41 southerly line of the 538.5087 acre tract, 2,025.54 feet to a 5/8"
19-42 iron rod found on the centerline of the aforesaid existing Humble
19-43 Pipeline Company, pipeline easement;
19-44 THENCE, N7021'34"W, continuing across the said 320 acre
19-45 tract, with the centerline of the said Humble Pipeline, 1,386.97
19-46 feet to a 1/2" iron rod found for a southwest corner of the
19-47 538.5087 acre tract and a point in the easterly line of that 3.48
19-48 acre tract conveyed to Dan P. Scranton by deed recorded in Volume
19-49 4217, Page 236 of the said deed records;
19-50 THENCE, N3211'17"E, with a westerly line of the said
19-51 538.5087 acre tract, at 144.68 feet pass a 5/8" iron rod found for
19-52 the northeast corner of the 3.48 acre tract, being the southeast
19-53 corner of that 3.45 acre tract conveyed to Arnold A. Jensen by deed
19-54 recorded in Volume 7101, Page 123 of the said deed records, for a
19-55 total distance of 404.54 feet to a 5/8" iron rod found for the
19-56 northeast corner of the aforesaid 3.45 acre tract, being the
19-57 southeast corner of that 3.42 acre tract conveyed to John T.
19-58 Alexander Et Ux by deed recorded in Volume 5019, Page 1341 of the
19-59 Deed Records of Travis County, Texas;
19-60 THENCE, N3204'03"E, continuing with the said westerly line
19-61 of the 538.5087 acre tract, 259.87 feet to a 5/8" iron rod found
19-62 for the northeast corner of the said 3.42 acre tract, being the
19-63 southeast corner of that 3.23 acre tract conveyed to L. Van Sickle
19-64 by deed recorded in Volume 4822, Page 1413 of the said Deed
19-65 Records;
19-66 THENCE, N3208'30"E, 199.96 feet to a 1/2" iron pipe found
19-67 for an ell corner of the said 538.5087 acre tract, being the
19-68 northeast corner of the 3.23 acre tract;
19-69 THENCE, N5939'43"W, with the common line between the said
19-70 538.5087 acre tract and the 3.23 acre tract, 28.23 feet to a 60d
20-1 nail found in a cedar tree;
20-2 THENCE, N4040'12"W, with the northerly line of the said 3.23
20-3 acre tract, 238.75 feet to a 1/2" iron pipe found at a cattle guard
20-4 for a southwest corner of the 538.5087 acre tract;
20-5 THENCE, N6056'11"W, with the common line between the
20-6 538.5087 acre tract and the 3.23 acre tract, 7.46 feet to a 1/2"
20-7 iron pipe found;
20-8 THENCE, N7539'02"W, continuing with the said common line
20-9 between the 538.5087 acre tract and the 3.23 acre tract, 40.48 feet
20-10 to a 5/8" iron rod found;
20-11 THENCE, N5752'12"W, with the southerly line of the said
20-12 538.5087 acre tract, 807.29 feet to a 1/2" iron rod found in the
20-13 northerly line of that 3.41 acre tract conveyed to Edwin Dudley by
20-14 deed recorded in Volume 6405, Page 1177 of the said deed records;
20-15 THENCE, with the common line between the said 538.5087 acre
20-16 tract and the 3.41 acre tract for the following three (3) courses:
20-17 1) N0729'32"W, 16.38 feet to a 60d nail found in a fence
20-18 corner post at a cattle guard;
20-19 2) N6318'41"W, 6.83 feet to a 60d nail found in a fence
20-20 corner post;
20-21 3) S8133'38"W, 17.89 feet to a 1/2" iron rod found for the
20-22 northwest corner of the said 3.41 acre tract, being the most
20-23 westerly southwest corner of the 538.5087 acre tract, and a point
20-24 on the aforesaid easterly right-of-way line of State Highway F.M.
20-25 1826;
20-26 THENCE, with the common line between the 538.5087 acre tract
20-27 and the easterly right-of-way line of State Highway F.M. 1826 for
20-28 the following four (4) courses:
20-29 1) N3054'59"E, 632.18 feet to a concrete right-of-way
20-30 monument found 40.00 feet left of State Highway Centerline Station
20-31 73+30.5;
20-32 2) N2827'31"E, 393.09 feet to a concrete right-of-way
20-33 monument found for the point of curvature of a curve to the left,
20-34 40.00 feet left of State Highway Centerline Station 69+38.5;
20-35 3) with the said curve to the left having a central angle of
20-36 0630'44", a radius of 3,859.21 feet, a chord distance of 438.40
20-37 feet (chord bears N2504'58"E) for an arc distance of 438.64 feet
20-38 to a concrete right-of-way monument found for the point of
20-39 tangency, 40.00 feet left of State Highway Centerline Station
20-40 65+03;
20-41 4) N2150'08"E, 774.26 feet to the PLACE OF BEGINNING,
20-42 CONTAINING within these metes and bounds 4,661.248 acres of land
20-43 area.
20-44 SECTION 6.02. FINDINGS RELATED TO BOUNDARIES. The
20-45 legislature finds that the boundaries and field notes of the
20-46 district form a closure. A mistake in the field notes or in
20-47 copying the field notes in the legislative process does not affect
20-48 the organization, existence, or validity of the district, the right
20-49 of the district to issue bonds or refunding bonds or to pay the
20-50 principal of or interest on bonds, the right of the district to
20-51 levy and collect taxes, or the legality or operation of the
20-52 district or its board.
20-53 SECTION 6.03. FINDING OF BENEFIT. All of the land and other
20-54 property included within the boundaries of the district will be
20-55 benefitted by the works and projects that are to be accomplished by
20-56 the district under powers conferred by this Act. The district is
20-57 created to serve a public use and benefit.
20-58 SECTION 6.04. ADDITION OF TERRITORY. (a) In accordance
20-59 with this section, the district may annex additional territory in
20-60 Travis County that is:
20-61 (1) located in the Bear Creek, Slaughter Creek, or
20-62 Williamson Creek watersheds; and
20-63 (2) not located in the corporate limits of a
20-64 municipality.
20-65 (b) Proceedings for the annexation of territory by the
20-66 district may be initiated by a petition signed by the owners of the
20-67 land proposed to be annexed. The petition must request that the
20-68 board hold a public hearing on the matters set out in the petition.
20-69 (c) The board shall hear and consider the petition and may
20-70 annex the territory if the board determines that the land should be
21-1 annexed.
21-2 (d) The consent of a municipality or other governmental
21-3 entity or political subdivision of the state is not required for
21-4 any annexation of territory by the district.
21-5 (e) In a calendar year, the district may not annex a total
21-6 area greater than 10 percent of the area of the district territory
21-7 on January 1 of that year plus any amount carried over to that year
21-8 under this subsection, except that the district may not annex in a
21-9 calendar year a total area greater than 30 percent of the area of
21-10 the district territory as of January 1 of that year. If the
21-11 district fails to annex in a calendar year the entire 10 percent
21-12 amount permitted under this subsection, the district may carry over
21-13 the unused allocation for use in subsequent calendar years. For
21-14 the calendar year 1995, the district may not annex a total area
21-15 greater than 10 percent of the district territory on the effective
21-16 date of this Act. Notwithstanding this subsection, the district
21-17 territory may not exceed 8,000 acres.
21-18 ARTICLE 7. MISCELLANEOUS PROVISIONS
21-19 SECTION 7.01. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
21-20 (a) The proper and legal notice of the intention to introduce this
21-21 Act, setting forth the general substance of this Act, has been
21-22 published as provided by law, and the notice and a copy of this Act
21-23 have been furnished to all persons, agencies, officials, or
21-24 entities to which they are required to be furnished by the
21-25 constitution and other laws of this state, including the governor,
21-26 who has submitted the notice and the Act to the Texas Natural
21-27 Resource Conservation Commission.
21-28 (b) The Texas Natural Resource Conservation Commission has
21-29 filed its recommendations relating to this Act with the governor,
21-30 lieutenant governor, and speaker of the house of representatives
21-31 within the required time.
21-32 (c) All requirements of the constitution and laws of this
21-33 state and of the rules and procedures of the legislature with
21-34 respect to the notice, introduction, and passage of this Act are
21-35 fulfilled and accomplished.
21-36 SECTION 7.02. EXISTING COUNTIES, RIVER AUTHORITIES, AND
21-37 UNDERGROUND WATER CONSERVATION DISTRICTS. (a) Notwithstanding any
21-38 provision of this Act, this Act does not impair, limit, supersede,
21-39 or alter the powers, rights, privileges, duties, functions, or
21-40 jurisdiction of a river authority in existence on the effective
21-41 date of this Act the territory of which comprises at least three
21-42 counties and includes all or part of the district, except that such
21-43 a river authority may not impose or apply any regulatory ordinance,
21-44 rule, or regulation within the district without the agreement of
21-45 the district.
21-46 (b) Notwithstanding any provision of this Act, this Act does
21-47 not impair, limit, supersede, or alter the powers, rights,
21-48 privileges, duties, functions, or jurisdiction of an underground
21-49 water conservation district created under or governed by Chapter
21-50 52, Water Code, or a county in existence on the effective date of
21-51 this Act the territory of which includes all or part of the
21-52 district, except that such an underground water conservation
21-53 district or county may not impose or apply without agreement of the
21-54 district any regulatory ordinance, rule, or regulation within the
21-55 district that:
21-56 (1) is inconsistent with the requirements of Section
21-57 3.01(c) or 3.07 of this Act; or
21-58 (2) has not been adopted and approved by the board of
21-59 directors of the underground water conservation district or
21-60 commissioners court of the county, as applicable.
21-61 SECTION 7.03. EXISTING SERVICE. A local government
21-62 providing water, wastewater, drainage, or solid waste disposal
21-63 service to an area within the district on January 1, 1995, shall
21-64 continue to provide the service to all applicants for the service
21-65 located within the local government's service area on January 1,
21-66 1995. If, on January 1, 1995, a contract exists that applies to a
21-67 local government's provision of water, wastewater, drainage, or
21-68 solid waste disposal service within the district, then the local
21-69 government's obligation to provide service is governed by the
21-70 contract during the contract's term.
22-1 SECTION 7.04. SEVERABILITY. If any portion of this Act or
22-2 the application of any portion of this Act to any person or set of
22-3 circumstances is held by a court to be unconstitutional, void,
22-4 invalid, or unenforceable, the validity of the remaining portions
22-5 of this Act or the application of the challenged portion of the Act
22-6 to other persons or sets of circumstances shall not be affected by
22-7 the court's holding. It is the intent of the legislature in
22-8 adopting this Act that no portion of the Act become inoperative or
22-9 fail by reason of the unconstitutionality or invalidity of any
22-10 other portion of the Act.
22-11 SECTION 7.05. EMERGENCY. The importance of this legislation
22-12 and the crowded condition of the calendars in both houses create an
22-13 emergency and an imperative public necessity that the
22-14 constitutional rule requiring bills to be read on three several
22-15 days in each house be suspended, and this rule is hereby suspended,
22-16 and that this Act take effect and be in force from and after its
22-17 passage, and it is so enacted.
22-18 * * * * *