75R13259 JMC-D
By Wentworth S.B. No. 1463
Substitute the following for S.B. No. 1463:
By Lewis of Orange C.S.S.B. No. 1463
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the board of directors, boundaries, and financing of
1-3 the Southwest Travis County Water District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (b), Section 2.01, Chapter 844, Acts
1-6 of the 74th Legislature, Regular Session, 1995, is amended to read
1-7 as follows:
1-8 (b) The board consists of seven members elected from the
1-9 district at large [nine members appointed by the governor].
1-10 SECTION 2. Section 2.02, Chapter 844, Acts of the 74th
1-11 Legislature, Regular Session, 1995, is amended to read as follows:
1-12 Sec. 2.02. DIRECTOR ELIGIBILITY. To be eligible to serve
1-13 [for appointment] as a director, a person must [be a resident of
1-14 Travis County. At least seven of the directors must] reside in the
1-15 district.
1-16 SECTION 3. Section 2.03, Chapter 844, Acts of the 74th
1-17 Legislature, Regular Session, 1995, is amended to read as follows:
1-18 Sec. 2.03. TERMS OF DIRECTORS AND DIRECTOR ELECTIONS
1-19 [APPOINTMENT PROCEDURES]. (a) Directors are elected for staggered
1-20 terms of four years.
1-21 (b) On the first Saturday in May of each even-numbered year,
1-22 an election shall be held in the district for the election of three
1-23 or four directors, as appropriate, from the district at large.
1-24 (c) The board shall have placed on the ballot the name of
2-1 any candidate who files for the office of director and blank spaces
2-2 to write in the names of other persons.
2-3 (d) When the vote is canvassed, the board shall declare the
2-4 three or four persons, as appropriate, who receive the most votes
2-5 to be elected as directors.
2-6 (e) If a director fails to qualify for office, the remaining
2-7 members of the board shall appoint a person to fill the vacancy.
2-8 (f) When a director dies, resigns, or is otherwise removed,
2-9 the remaining members of the board shall appoint a successor to
2-10 serve for the unexpired term. If the number of directors is
2-11 reduced to fewer than a majority, the commission shall appoint
2-12 directors to fill the vacancies.
2-13 (g) Except as provided by this section, a director's
2-14 election must be conducted in accordance with the Election Code and
2-15 the election provisions contained in Chapter 49, Water Code [Other
2-16 than initial directors, directors are appointed for staggered terms
2-17 of six years with three members' terms expiring September 1 of each
2-18 odd-numbered year.]
2-19 [(b) Appointment of initial directors shall be made promptly
2-20 after this Act takes effect. The governor shall appoint three
2-21 initial directors to serve a term expiring September 1, 1997, three
2-22 initial directors to serve a term expiring September 1, 1999, and
2-23 three initial directors to serve a term expiring September 1, 2001.]
2-24 [(c) When a director's term expires, the governor shall
2-25 appoint a successor.]
2-26 [(d) When a director dies, resigns, or is otherwise removed,
2-27 the governor shall appoint a successor to serve for the unexpired
3-1 term].
3-2 SECTION 4. Section 2.04, Chapter 844, Acts of the 74th
3-3 Legislature, Regular Session, 1995, is amended to read as follows:
3-4 Sec. 2.04. QUALIFICATION OF DIRECTOR. Each director must
3-5 qualify to serve as director in the manner provided by Section
3-6 49.055 [Sections 51.0721, 51.078, and 51.079], Water Code. The
3-7 district shall pay the premiums for each director's bond required
3-8 under Section 49.055 [51.079], Water Code.
3-9 SECTION 5. Subsection (b), Section 3.11, Chapter 844, Acts
3-10 of the 74th Legislature, Regular Session, 1995, is amended to read
3-11 as follows:
3-12 (b) The district is the only political subdivision within
3-13 the state authorized to:
3-14 (1) [has exclusive authority to] enforce[, amend, or
3-15 terminate] the provisions of an [any] agreement between or that
3-16 applies to a municipal utility district located within the district
3-17 and any local government or other political subdivision in the
3-18 state or a restrictive covenant that is required by such an
3-19 agreement to be imposed on land within the district if the
3-20 provisions of the agreement or restrictive covenant relate
3-21 [relating] to:
3-22 (A) [(1)] land use or site plans;
3-23 (B) [(2) restrictive covenants;]
3-24 [(3)] the regulation [provision] of drainage [and
3-25 solid waste disposal services];
3-26 (C) [(4)] the regulation of septic tanks;
3-27 (D) [(5)] the control and abatement of water
4-1 pollution;
4-2 (E) [(6)] the prohibition of pollution and
4-3 policing of any source of water supply; or
4-4 (F) [(7)] the protection and policing of
4-5 watersheds within the district; and
4-6 (2) grant a waiver of or variance from the
4-7 requirements of an agreement or restrictive covenant described by
4-8 Subdivision (1) of this subsection to the extent that the
4-9 requirements are inconsistent with the rules or the water pollution
4-10 control and abatement plan of the district.
4-11 SECTION 6. Article 3, Chapter 844, Acts of the 74th
4-12 Legislature, Regular Session, 1995, is amended by adding Section
4-13 3.24 to read as follows:
4-14 Sec. 3.24. LIMITATION ON DISTRICT'S AUTHORITY. This Act
4-15 does not authorize the district to:
4-16 (1) supply fresh water for domestic or commercial use;
4-17 (2) furnish:
4-18 (A) sanitary sewer services;
4-19 (B) roadways; or
4-20 (C) drainage services; or
4-21 (3) enforce any provisions of an agreement between a
4-22 municipal utility district located within the district and a
4-23 political subdivision of the state relating to providing wholesale
4-24 water or wastewater service or to the construction or financing of
4-25 facilities necessary to provide wholesale water or wastewater
4-26 service to the municipal utility district.
4-27 SECTION 7. Subsection (c), Section 5.01, Chapter 844, Acts
5-1 of the 74th Legislature, Regular Session, 1995, is amended to read
5-2 as follows:
5-3 (c) The board may prescribe the form, denomination, and
5-4 interest rate of bonds issued by the district, except that bonds
5-5 must mature serially or otherwise not more than 40 [50] years after
5-6 their date. The board may sell bonds at prices and under terms
5-7 that the board determines to be the most advantageous reasonably
5-8 available. The district's bonds may be made redeemable before
5-9 maturity at times and prices prescribed in the bonds. The
5-10 district's bonds may be secured by an indenture of trust with a
5-11 corporate trustee.
5-12 SECTION 8. Section 6.01, Chapter 844, Acts of the 74th
5-13 Legislature, Regular Session, 1995, is amended to read as follows:
5-14 Sec. 6.01. DESCRIPTION OF BOUNDARIES. The district includes
5-15 all the territory contained within the following area, whether the
5-16 territory contains noncontiguous parcels of land and whether the
5-17 territory is located within the boundaries of any municipality or
5-18 other governmental entity or political subdivision of the state:
5-19 The 4,661.248 acre tract out of the John Moore Survey No. 66, the
5-20 Jesse Williams Survey No. 62, the Samuel Hamilton Survey No. 16,
5-21 the John G. McGeeHee Survey No. 6, the Thomas Brite Survey No. 65,
5-22 the J. D. Cady Survey Abstract No. 139, the C. W. Hudson Survey No.
5-23 43, the Richard Hailey Survey No. 35, the Corbet Stevens Survey No.
5-24 63, the J. Burleson Survey No. 64, the John M. Bright Survey No.
5-25 63, the C. W. Hudson Survey No. 43, the H. Haigwood Survey No. 433,
5-26 the H. W. Cocke Survey No. 432 and the H. W. Cocke Survey No. 83,
5-27 Travis County, Texas, being a portion of that 2,807.1345 acre
6-1 tract, described as Tract 1, all of that 538.5087 acre tract,
6-2 described as Tract 2, a portion of that 214.8756 acre tract,
6-3 described as Tract 3, and all of that 100.0000 acre tract,
6-4 described as Tract 4 all conveyed by deed to Circle C Land Corp.
6-5 recorded in Volume 11620, Page 1126 of the Travis County Deed
6-6 Records, all of that 11.7446 acre tract contained within the
6-7 aforesaid 214.8756 acre tract, as dedicated for Slaughter Lane
6-8 (120.00' right-of-way), by plat recorded in Book 86, Pages 180C and
6-9 180D of the Travis County Plat Records, all of that 79.9863 acre
6-10 tract conveyed to the City of Austin by deed recorded in Volume
6-11 9495, Page 275, of the said Deed Records, all of that 46.50000 acre
6-12 tract conveyed to the City of Austin, by deed recorded in Volume
6-13 9495, Page 289 of the said Deed Records, all of that 285.4585 acre
6-14 tract, conveyed to the City of Austin by deed recorded in Volume
6-15 9495, Page 281 of the said Deed Records, a 25.4133 acre portion of
6-16 that 412.3003 acre tract conveyed to Ira John Yates by deed
6-17 recorded in Volume 10166, Page 726 of the said Deed Records, all of
6-18 that 85.033 acre tract conveyed to Mopac South Transportation
6-19 Corporation by deed recorded in Volume 10719, Page 926 of the said
6-20 Deed Records, all of that 13.845 acre tract conveyed to Mopac South
6-21 Transportation Corporation by deed recorded in Volume 10719, Page
6-22 920 of the said Deed Records, all of that 99.560 acre tract
6-23 conveyed to R. Alan Haywood, Trustee by deed recorded in Volume
6-24 11505, Page 55 of the said Deed Records, all of that 100.2215 acre
6-25 tract, described as Parcel "A", conveyed to Carlene H. Klaus by
6-26 deed recorded in Volume 9724, Page 329 of the said Deed Records,
6-27 all of that 100.2215 acre tract, described as Parcel "B", conveyed
7-1 to Ursula H. Kutra by deed recorded in Volume 9724, Page 317 of the
7-2 said Deed Records, all of that 100.2215 acre tract, described as
7-3 Parcel "C", conveyed to Amelia H. Mettke by deed recorded in Volume
7-4 9724, Page 321 of the said Deed Records, a portion of that certain
7-5 126.73 acre tract, conveyed to Mrs. Ruby Pauls Spillar by deed
7-6 recorded in Volume 700, Page 369 of the said Deed Records, and
7-7 being a portion of 1248.93 acres, described as various tracts,
7-8 conveyed to Mrs. Ruby Pauls Spillar by deed recorded in Volume 118,
7-9 Page 455 of the Said Deed Records; the said 4,661.248 acre tract
7-10 being more particularly described as follows:
7-11 BEGINNING at a 1/2" [5/8"] iron rod found in the easterly
7-12 right-of-way line of State Highway F.M. 1826 (80' wide) being the
7-13 northwest corner of the said 538.5087 acre tract, a point in the
7-14 southerly line of those tracts of land conveyed to Oak Hill Heights
7-15 Joint Venture by deed recorded in Volume 8154, Page 552, and the
7-16 most westerly point of a boundary line agreement between Jack Mann
7-17 and Josephene Turnbull as described in a deed recorded in Volume
7-18 1133, Page 464 of the said Deed Records;
7-19 THENCE, in a southeasterly direction along the line as
7-20 established by the said boundary line agreement, being the
7-21 northerly line of the 538.5087 acre tract and the southerly line of
7-22 the said Oak Hill Heights Joint Venture, tracts for the following
7-23 nine (9) courses:
7-24 1) S5922'13"E, 133.45 feet to a 1/2" iron pipe found;
7-25 2) S5933'32"E, 676.69 feet to a 1/2" [5/8"] iron rod found;
7-26 3) S5953'12"E, 415.00 feet to a 1/2" [5/8"] iron rod found;
7-27 4) S6013'30"E, 358.42 feet to a 1/2" [5/8"] iron rod found;
8-1 5) S6029'18"E, 157.98 feet to a 1/2" iron rod found for the
8-2 northeast corner of the said 70.96 acre tract, being the northwest
8-3 corner of the 154.44 acre tract;
8-4 6) S6027'13"E, 482.95 feet to a 1/2" iron pipe found;
8-5 7) S6059'20"E, 834.39 feet to a 1/2" iron pipe found;
8-6 8) S6114'02"E, 646.28 feet to a 1/2" iron pipe found;
8-7 9) S6141'08"E, 306.72 feet to a 1/2" iron pipe found;
8-8 THENCE, S6206'50"E, 332.04 feet to a 1/2" iron pipe found for
8-9 the most easterly corner of the aforesaid boundary line agreement,
8-10 being a northeast corner of the 538.5087 acre tract, the southeast
8-11 corner of the said Oak Hill Heights Joint Venture tracts and a
8-12 point in a westerly line of that 479.58 acre tract conveyed to
8-13 Village Joint Venture by deed recorded in Volume 8539, Page 511 of
8-14 the Deed Records of Travis County, Texas;
8-15 THENCE, S3005'47"W, at approximately 1,833.10 feet pass the
8-16 northwest corner of the Village at Western Oaks Subdivision,
8-17 Section 16-A, recorded in Book 86, Pages 62A through 62D, for a
8-18 total distance of 2,399.06 feet to a 5/8" iron rod found;
8-19 THENCE, S2950'30"W, with the easterly line of the said
8-20 538.5087 acre tract, 276.17 feet to a 1/2" iron pipe found for the
8-21 southwest corner of Village at Western Oaks, Section 16-A, being an
8-22 ell corner of the aforesaid 538.5087 acre tract, and a point on the
8-23 centerline of an existing Humble Pipeline Company, pipeline
8-24 easement described in a deed recorded in Volume 994, Page 397 of
8-25 the said Deed Records;
8-26 THENCE, S7011'10"E, with the said Humble Pipeline Company
8-27 easement, being the common line between the 538.5087 acre tract and
9-1 Village at Western Oaks, Section 16-A, at 600.33 feet pass a 1/2"
9-2 iron pipe found, at 1,831.37 feet pass a 1/2" iron pipe found, for
9-3 a total distance of 2,413.41 feet to a 1/2" iron rod set on a curve
9-4 to the left in the easterly right-of-way line of Escarpment
9-5 Boulevard (120.00 foot right-of-way) for the southeast corner of
9-6 the aforesaid Village at Western Oaks Subdivision, Section 16-A;
9-7 THENCE, S7011'10"E, continuing with the north line of the
9-8 538.5087 acre tract at 2,913.32 feet pass an iron pipe found at
9-9 3,651.25 feet pass a second iron pipe found, for a total distance
9-10 of 4,238.43 feet to an iron pipe found for the northeast corner of
9-11 the said 538.5087 acre tract, being the southeast corner of that
9-12 479.58 acre tract conveyed to Village Joint Venture by deed
9-13 recorded in Volume 8539, Page 511 and a point in the westerly line
9-14 of that 531.07 acre tract conveyed to Maple Run Joint Venture by
9-15 deed recorded in Volume 7979, Page 932, both of the said deed
9-16 records; the found pipe is also the southeast corner of the
9-17 right-of-way dedicated for State Highway Loop 1 as shown on a plat
9-18 of Village at Western Oaks, Section 21, a subdivision recorded in
9-19 Book 86, Page 145C of the Map Records of Travis County, Texas;
9-20 THENCE, S3040'24"W, with the common line between the 538.5087
9-21 acre tract and the 531.07 acre tract, 448.59 feet to an iron rod
9-22 found;
9-23 THENCE, S3040'33"W, continuing with the said common line
9-24 between the 538.5087 acre tract and the 531.07 acre tract, 450.39
9-25 feet to an iron rod found;
9-26 THENCE, S7200'01"E, continuing with the said common line,
9-27 158.07 feet to an iron rod found near the centerline of Slaughter
10-1 Creek.
10-2 THENCE, S0218'37"E, continuing with the said common line, at
10-3 230.03 feet pass an iron rod found for the most easterly corner of
10-4 the 538.5087 acre tract, and a northerly corner of the above
10-5 mentioned 285.4585 acre City of Austin tract, for a total distance
10-6 of 424.50 feet to an iron pipe found;
10-7 THENCE, leaving the southerly line of the 538.5087 acre
10-8 tract, along the common line between the said 531.07 acre tract and
10-9 the 285.4585 acre tract for the following eleven (11) courses:
10-10 1) S4145'47"E, for a distance of 96.65 feet to an iron rod
10-11 found;
10-12 2) S7631'42"E, for a distance of 110.76 feet to an iron rod
10-13 found;
10-14 3) N8420'26"E, for a distance of 172.94 feet to an iron rod
10-15 found;
10-16 4) S4757'27"E, for a distance of 109.79 feet to an iron rod
10-17 found;
10-18 5) S2042'20"W, for a distance of 195.48 feet to an iron rod
10-19 found;
10-20 6) S4326'45"E, for a distance of 149.92 feet to an iron rod
10-21 found;
10-22 7) S2111'38"E, for a distance of 141.55 feet to an iron rod
10-23 found;
10-24 8) S1335'11"W, for a distance of 148.65 feet to an iron rod
10-25 found;
10-26 9) S0515'39"E, for a distance of 347.41 feet to an iron rod
10-27 found;
11-1 10) S4023'14"W, for a distance of 269.29 feet to an iron rod
11-2 found;
11-3 11) S7931'14"W, for a distance of 58.41 feet to a point in
11-4 the centerline of Slaughter Creek;
11-5 THENCE, along the centerline of Slaughter Creek, continuing
11-6 with the above said common line between the 531.07 acre tract and
11-7 the 285.4585 acre tract for the following thirteen (13) courses;
11-8 1) S0822'19"W, for a distance of 407.97 feet to an iron rod
11-9 found;
11-10 2) S2626'53"W, for a distance of 329.10 feet to an iron rod
11-11 found;
11-12 3) S0543'44"W, for a distance of 314.04 feet to an iron rod
11-13 found;
11-14 4) S1157'05"E, for a distance of 304.24 feet to an iron rod
11-15 found;
11-16 5) S3706'33"E, for a distance of 176.12 feet to an iron rod
11-17 found;
11-18 6) S6458'21"E, for a distance of 264.75 feet to a nail
11-19 found;
11-20 7) N6439'39"E, for a distance of 295.20 feet to a point;
11-21 8) N8849'06"E, for a distance of 326.14 feet to an iron rod
11-22 found;
11-23 9) S7115'17"E, for a distance of 207.09 feet to an iron rod
11-24 found;
11-25 10) S0537'53"E, for a distance of 155.67 feet to a nail
11-26 found;
11-27 11) S3531'12"E, for a distance of 432.21 feet to an iron rod
12-1 found;
12-2 12) S5645'40"E, for a distance of 110.46 feet to an iron
12-3 pipe found;
12-4 13) S3528'15"E, at a distance of 310.95 feet pass an iron
12-5 pipe found on the east side of Slaughter Creek, for a total
12-6 distance of 323.72 feet to an iron rod found at a fence corner
12-7 post, for the most southerly corner of that certain 19.81 acre
12-8 tract of land conveyed to James W. Akins by a deed recorded in
12-9 Volume 4677, Page 1386 of the said Deed Records and a point in the
12-10 west line of the said 214.8756 acre tract;
12-11 THENCE, N2804'16"E, leaving the north line of the 285.4585
12-12 acre tract, along the common line between the 19.81 acre tract and
12-13 the 214.8756 acre tract, for a distance of 551.99 feet to a 1/2"
12-14 iron rod found;
12-15 THENCE, N2918'16"E, with the said common line between the
12-16 said 221.4613 acre tract and the 19.81 acre tract, 504.48 feet to a
12-17 1/2" iron rod found;
12-18 THENCE, N2951'30"E, with the said westerly line of the
12-19 221.4613 acre tract, at 538.05 feet pass a concrete monument found
12-20 in the southerly right-of-way line of Slaughter Lane (120.00 foot
12-21 right-of-way), at 695.41 feet pass a point in the northerly
12-22 right-of-way line of the aforesaid Slaughter Lane (11.7446 acres),
12-23 for a total distance of 843.60 feet to a 1/2" iron rod found for
12-24 the northwest corner of the abovesaid 214.8756 acre tract, being
12-25 the southwest corner of that certain tract conveyed to Clara Brooks
12-26 Chastain by deed recorded in Volume 6887, Page 178 and a point in
12-27 the easterly line of the remainder of that 531.07 acre tract
13-1 conveyed to Maple Run Joint Venture by deed recorded in Volume
13-2 7979, Page 932 both of the Deed Records of Travis County, Texas;
13-3 THENCE, S5957'00"E, leaving the easterly line of the said
13-4 531.07 acre tract, along the northerly line of the 214.8756 acre
13-5 tract, 638.74 feet to a 3/4" iron pipe found for the southeast
13-6 corner of the said Clara Brooks Chastain Tract, being the southwest
13-7 corner of that 199.65 acre tract conveyed to J.D. Carrol et. al. by
13-8 deed recorded in Volume 2522, Page 442 of the said Deed Records;
13-9 THENCE, with the common line between the said 214.8756 acre
13-10 tract and the 199.65 acre tract for the following four (4) courses:
13-11 1) S5953'05"E, 941.26 feet to a 3/4" iron pipe found;
13-12 2) S5944'07"E, 887.29 feet to a 3/4" iron pipe found;
13-13 3) S5925'09"E, 385.48 feet to a 3/4" iron pipe found;
13-14 4) S5938'47"E, 520.87 feet to a 1/2" iron rod found for the
13-15 most northerly northeast corner of the said 214.8756 acre tract,
13-16 being the northwest corner of that 5.1589 acre tract conveyed to
13-17 Gary L. Bradley, Trustee by deed recorded in Volume 8882, Page 748
13-18 of the said Deed Records;
13-19 THENCE, leaving the southerly line of the said 199.65 acre
13-20 tract, with the common line between the 214.8756 acre tract and the
13-21 5.1589 acre tract for the following two (2) courses:
13-22 1) S3030'08"W, 498.76 feet to a 1/2" iron rod found;
13-23 2) S5929'52"E, 450.00 feet to a 1/2" iron rod found for the
13-24 most easterly northeast corner of the 214.8756 acre tract, being
13-25 the southeast corner of the 5.1589 acre tract and a point in the
13-26 westerly right-of-way line of Brodie Lane (right-of-way varies);
13-27 THENCE, S3030'08"W, leaving the southerly line of the said
14-1 5.1589 acre tract, with the easterly line of the 214.8756 acre
14-2 tract, being the westerly right-of-way line of Brodie Lane, at
14-3 1,161.13 feet pass a point in the aforesaid northerly right-of-way
14-4 line of Slaughter Lane, at 1,311.13 feet pass a point in the
14-5 aforesaid southerly right-of-way line of Slaughter Lane, for a
14-6 total distance of 2,087.89 feet to a 1/2" iron rod found for the
14-7 southeast corner of the abovesaid 214.8756 acre tract, being a
14-8 point in the northerly line of that 400 acre tract conveyed to
14-9 George Barker by deed recorded in Volume 409, Page 158 of the said
14-10 Deed Records;
14-11 THENCE, with the common line between the said 214.8756 acre
14-12 tract and the 400 acre tract for the following eight (8) courses:
14-13 1) N5923'14"W, 357.99 feet to a 3/4" iron pipe found;
14-14 2) N5939'36"W, 234.36 feet to a 3/4" iron pipe found;
14-15 3) N6026'39"W, 371.13 feet to a 3/4" iron pipe found;
14-16 4) N6019'49"W, 607.54 feet to a 3/4" iron pipe found;
14-17 5) N6015'08"W, at 301.82 feet pass a concrete monument
14-18 found, at 371.82 feet pass a concrete monument found, for a total
14-19 distance of 968.19 feet to a 60d nail found in a fence post;
14-20 6) N6045'22"W, continuing with the southerly line of the
14-21 said 214.8756 acre tract, 9.27 feet to a 60d nail found in a fence
14-22 post;
14-23 7) N5935'12"W, continuing along the said southerly line of
14-24 the 214.8756 acre tract, 815.61 feet to a 3/4" iron pipe found;
14-25 8) N5925'45"W, for a distance of 410.57 feet to a concrete
14-26 monument found for the southwest corner of the said 214.8756 acre
14-27 tract, being a point in the easterly line of the said 285.4585 acre
15-1 tract and the northwest corner of the said 400 acre tract;
15-2 THENCE, S3014'54"W, leaving the southerly line of the said
15-3 214.8756 acre tract, with the westerly line of the 400 acre tract,
15-4 at 1,600.00 feet pass a 5/8" iron rod found for the most southerly
15-5 southeast corner of the 285.4585 acre tract, being a northeast
15-6 corner of the said 2807.1345 acre tract, for a total distance of
15-7 3,756.93 feet to a 60d nail found in a fence corner post for the
15-8 most southerly southeast corner of the said 2807.1345 acre tract,
15-9 being the northeast corner of that 2.72 acre tract conveyed to Ray
15-10 McGee by deed recorded in Volume 4647, Page 31 of the said Deed
15-11 Records;
15-12 THENCE, N6309'43"W, leaving the westerly line of the said 400
15-13 acre tract, with the southerly line of the 2807.1345 acre tract,
15-14 231.13 feet to a 1/2" iron rod found for the northwest corner of
15-15 the said 2.72 acre tract, being the northeast corner of that 6.7580
15-16 acre tract conveyed to Gary L. Bradley, Trustee by deed recorded in
15-17 Volume 10577, Page 414 of the Deed Records of Travis County, Texas;
15-18 THENCE, N6226'14"W, at 425.00 feet pass a 1/2" iron rod found
15-19 for the northwest corner of the said 6.7580 acre tract, being the
15-20 northeast corner of that 1.0000 acre tract conveyed to Gary L.
15-21 Bradley, Trustee by deed recorded in Volume 10577, Page 402 of the
15-22 said Deed Records, at 575.00 feet pass a 1/2" iron rod found for
15-23 the northwest corner of the abovesaid 1.0000 acre tract, being the
15-24 northeast corner of that 1.0000 acre tract conveyed to Gary L.
15-25 Bradley, Trustee by deed recorded in Volume 10577, Page 406 of the
15-26 said Deed Records, at 725.00 feet pass a 1/2" iron rod found for
15-27 the northwest corner of the abovesaid 1.0000 acre tract, being the
16-1 northeast corner of that 1.0000 acre tract conveyed to Brian Lee
16-2 Williamson by deed recorded in Volume 8901, Page 11 of the said
16-3 Deed Records, at 875.00 feet pass a 1/2" iron rod found for the
16-4 northwest corner of the abovesaid 1.0000 acre Williamson Tract,
16-5 being the northeast corner of that 1.0000 acre tract conveyed to
16-6 Gary L. Bradley, Trustee by deed recorded in Volume 10577, Page 410
16-7 of the said Deed Records, at 1025.00 feet pass a 1/2" iron rod
16-8 found for the northwest corner of the abovesaid 1.0000 acre tract,
16-9 being a northerly northeast corner of that abovesaid 1.0000 acre
16-10 tract, being a northerly northeast corner of the said 412.3003 acre
16-11 tract, for a total distance of 1,952.31 feet to a 1/2" iron rod
16-12 found;
16-13 THENCE, with the common line between the said 2,807.1345 acre
16-14 tract and the 412.3003 acre tract for the following three (3)
16-15 courses:
16-16 1) N1354'38"E, 342.33 feet to a 1/2" iron rod found;
16-17 2) S8937'52"W, 501.38 feet to a 1/2" iron rod found;
16-18 3) S6347'26"W, 414.17 feet to a 1/2" iron rod found for the
16-19 northeast corner of a 5.000 acre tract conveyed to Polly Blanton
16-20 Brooks by a deed recorded in Volume 9807, Page 643 of the above
16-21 said Deed Records;
16-22 THENCE, through the 2,807.1345 acre tract, with the north,
16-23 west, and southerly lines of the 5.000 acre tract, the following
16-24 six (6) courses:
16-25 1) N6538'09"W, 415.32 feet to an iron rod found;
16-26 2) S5812'55"W, 207.33 feet to an iron rod found;
16-27 3) S0241'17"E, 301.21 feet to an iron rod found;
17-1 4) N8037'15"E, 92.49 feet to an iron rod found;
17-2 5) S7524'34"E, 416.79 feet to an iron rod found;
17-3 6) S8458'12"E, 142.05 feet to an iron rod found in the
17-4 abovesaid common line between the 2,807.1345 acre tract and the
17-5 412.3003 acre tract;
17-6 THENCE, S1539'52"E, along the said common line, 171.37 feet
17-7 to a 1/2" iron rod found;
17-8 THENCE, continuing with the above said common line,
17-9 S8718'43"W, 2,089.53 feet to a 1/2" iron rod found for the
17-10 northeast corner of the said 85.033 acre tract;
17-11 THENCE, across the said 412.3003 acre tract, with the
17-12 southeasterly line of the said 85.033 acre tract (State Highway
17-13 Loop 1), the following three (3) courses:
17-14 1) S5354'42"W, 276.49 feet to an iron rod found;
17-15 2) S3134'11"W, 1,886.12 feet to an iron rod found for the
17-16 point of curvature of a curve to the left;
17-17 3) With the said curve to the left, having a radius of
17-18 1,000.00 feet, a central angle of 2254'44", a chord distance of
17-19 397.23 feet (chord bears S2006'49"W), for an arc distance of 399.89
17-20 feet to an iron rod found for the intersection of the said
17-21 northerly right-of-way line of State Highway 45 with the
17-22 aforementioned common line between the 412.3003 acre tract and the
17-23 99.56 acre, R. Alan Haywood, Trustee, tract; the found iron rod
17-24 being also the northeast corner of the said 13.845 acre tract;
17-25 THENCE, S8945'07"E, with the north line of the said 99.560
17-26 acre tract, along the south line of the said 412.3003 acre tract,
17-27 1,943.93 feet to an iron rod found;
18-1 THENCE, S8941'17"E, leaving the said south line of the
18-2 remainder of the 412.3003 acre tract, along the north line of the
18-3 99.560 acre tract, for a distance of 436.73 feet to an iron rod
18-4 found for the northeast corner of the 99.560 acre tract, being a
18-5 northwest corner of that 118.757 acre tract conveyed by deed to
18-6 Alain P. Reveilhac, Trustee by deed recorded in Volume 8993, Page
18-7 867 of the said Deed Records;
18-8 THENCE, S0047'45"W, along the common line between the said
18-9 99.560 acre tract and the 118.757 acre tract, 932.88 feet to an
18-10 iron rod found for the southeast corner of the aforesaid 99.560
18-11 acre tract, being a northeast corner of the remainder of that
18-12 723.85 acre tract conveyed to Jack Andrewartha by deed recorded in
18-13 Volume 4413, page 388 of the said Deed Records;
18-14 THENCE, N8944'18"W, leaving the west line of the said 118.57
18-15 acre tract, along the common line between the 99.560 acre tract and
18-16 the remainder of the 723.85 acre tract, at 2,115.36 feet pass an
18-17 iron rod found for the southeast corner of the said 13.845 acre
18-18 tract, at 2,615.10 feet pass an iron rod found for the southeast
18-19 corner of the said 13.845 acre tract, for a total distance of
18-20 4,644.68 feet to an iron rod found for the southwest corner of the
18-21 aforesaid 99.560 acre tract, being a point in the east line of that
18-22 283 acre tract conveyed to Ira Jon Yates by deed recorded in Volume
18-23 7716, Page 845 of the said Deed Records;
18-24 THENCE, N0030'28"E, leaving the said north line of the
18-25 remainder of the 723.85 acre tract, along the common line between
18-26 the 99.560 acre tract and the 283 acre tract, for a distance of
18-27 932.24 feet to a 60d nail found in a fence corner post for the
19-1 northwest corner of the said 99.560 acre tract, being the northeast
19-2 corner of the aforesaid 283 acre tract and being in the southerly
19-3 line of the said 412.003 acre tract;
19-4 THENCE, S8945'07"E, leaving the east line of the said 283
19-5 acre tract, along the south line of the remainder of the 412.3003
19-6 acre tract, being the north line of the 99.560 acre tract, 1,329.07
19-7 feet to an iron rod found on a curve to the left for the northwest
19-8 corner of that 13.845 acre tract, being also the southwest corner
19-9 of that 85.033 acre tract conveyed to Mopac South Transportation
19-10 Corporation;
19-11 THENCE, leaving the north line of the said 99.560 acre tract,
19-12 across the said 412.3003 acre tract, along the southwest line of
19-13 the 85.033 acre tract, for the following three (3) courses:
19-14 1) with the said curve to the left, having a radius of
19-15 7,439.30 feet, a central angle of 0052'47", a chord distance of
19-16 114.22 feet (chord bears N4125'15"W), for an arc distance of 114.23
19-17 feet to an iron rod found for the point of tangency;
19-18 2) N4151'38"W, 2,184.35 feet to an iron rod found for the
19-19 point of curvature of a curve to the left;
19-20 3) with the said curve to the left, having a radius of
19-21 6,649.76 feet, a central angle of 0747'53", a chord distance of
19-22 904.34 feet (chord bears N4545'35"W), for an arc distance of 905.04
19-23 feet to an iron rod found for the intersection of the said
19-24 southwest line of the 85.033 acre tract (State Highway 45) with the
19-25 northerly line of the said 412.3003 acre tract, and the southerly
19-26 line of the 2,807.1345 acre tract;
19-27 THENCE, S8250'26"W, with the common line between the
20-1 2,807.1345 acre tract and the 412.3003 acre tract, 2,560.06 feet to
20-2 a 1/2" iron rod found in the west line of the said Samuel Hamilton
20-3 Survey No. 16, being the east line of the Thomas Brite Survey No.
20-4 65, for an ell corner of the said 2,807.1345 acre tract, being the
20-5 northwest corner of that 412.3003 acre tract mentioned above;
20-6 THENCE, S3031'27"W, along the west line of the Samuel
20-7 Hamilton Survey No. 16 and the east line of the Thomas Brite Survey
20-8 No. 65, for a distance of 561.26 feet to an iron rod found for a
20-9 southerly corner of the said, 2,807.1345 acre tract; being a point
20-10 in the north line of the said 283 acre tract;
20-11 THENCE, S8344'05"W, with the common line between the
20-12 2,807.1345 acre tract and the 283 acre tract, 58.21 feet to an iron
20-13 rod found;
20-14 THENCE, N8950'37"W, with the said common line, 502.68 feet to
20-15 an iron rod found for the northwest corner of the aforesaid 283
20-16 acre tract, and the northeast corner of the aforesaid 126.73 acre
20-17 tract conveyed to Mrs. R. P. Spillar;
20-18 THENCE, leaving the south line of the 2,807.1345 acre tract,
20-19 along the east line of said 126.73 acre Spillar Tract, as found
20-20 fenced and used upon the ground, for the following three (3)
20-21 courses:
20-22 1) S0033'17"W, for a distance of 952.64 feet to an iron pin
20-23 set;
20-24 2) S0032'17"W, for a distance of 255.23 feet to an iron pin
20-25 set;
20-26 3) S0035'17"W, for a distance of 528.60 feet to an iron pin
20-27 set at or near the Southeast corner of the said 126.73 acre Spillar
21-1 Tract, being at or near the Northeast corner of the said 1248.93
21-2 acre Spillar Tract;
21-3 THENCE, along the east line of the said 1248.93 acre Spillar
21-4 Tract, as found fenced and used upon the ground, for the following
21-5 four (4) courses:
21-6 1) S0852'43"E, for a distance of 291.92 feet to an iron pin
21-7 set;
21-8 2) S0854'43"E, for a distance of 445.72 feet to an 60-d nail
21-9 set;
21-10 3) S0004'17"W, for a distance of 1130.96 feet to an iron pin
21-11 set;
21-12 4) S0002'43"E, for a distance of 382.21 feet to a calculated
21-13 point on the approximate County Line between Travis and Hays
21-14 Counties;
21-15 THENCE, N4903'40"W, across the said 1,248.93 acre tract and
21-16 the 126.73 acre tract, along the common line between Travis and
21-17 Hays Counties, 3,986.48 feet to a calculated point in the westerly
21-18 line of the aforesaid 126.73 acre tract;
21-19 THENCE, along the West line of the said 126.73 acre Spillar
21-20 Tract, as found fenced and used upon the ground, for the following
21-21 seven (7) courses:
21-22 1) N0000'17"E, for a distance of 210.21 feet to an iron pin
21-23 set;
21-24 2) N0000'43"W, for a distance of 332.68 feet to an iron pin
21-25 set;
21-26 3) N0005'43"W, for a distance of 102.55 feet to an iron pin
21-27 set;
22-1 4) N8659'43"W, for a distance of 332.58 feet to an iron pin
22-2 set;
22-3 5) N8659'43"W, for a distance of 306.15 feet to an iron pin
22-4 found;
22-5 6) N2917'17"E, for a distance of 565.14 feet to a 60-d nail
22-6 found;
22-7 7) N2402'14"E, for a distance of 22.01 feet to a 60-d nail
22-8 found in a fence post;
22-9 THENCE, S6916'54"W leaving the westerly line of the said
22-10 126.73 acre tract, in a southwesterly direction with the southerly
22-11 fenced line of the 2,807.1345 acre tract, 760.45 feet to an iron
22-12 rod found for the Travis and Hays County Lines;
22-13 THENCE, N4903'54"W, leaving the southerly line of and
22-14 crossing the said line of the 2,807.1345 acre tract, along the
22-15 common line between Travis and Hays Counties, 3,364.02 feet to a
22-16 concrete monument found for county marker Mile Post No. 19;
22-17 THENCE, N4903'02"W, continuing across the said 2,807.1345
22-18 acre tract, along the said line between Travis and Hays Counties,
22-19 347.05 feet to a concrete monument found in the easterly
22-20 right-of-way line of aforesaid State Highway FM 1826;
22-21 THENCE, with the west line of the 2,807.1345 acre tract and
22-22 the east right-of-way line of State Highway FM 1826, the following
22-23 twelve (12) courses:
22-24 1) N0001'09"E, 1,166.34 feet to a concrete monument found;
22-25 2) N0017'55"E, for a distance of 388.69 feet to a concrete
22-26 monument found at the point of curvature of a curve to the right;
22-27 3) with the said curve to the right having a central angle
23-1 of 3047'38", a radius of 1,402.42 feet, a chord distance of 744.70
23-2 feet (chord bears N1541'45"E), for an arc distance of 753.74 feet
23-3 to the point of tangency;
23-4 4) N3105'55"E, for a distance of 1,682.33 feet to a concrete
23-5 monument found at the point of curvature of a transition curve to
23-6 the right;
23-7 5) with the said transition curve to the right having a
23-8 central angle of 0649'48", a beginning radius of 2,834.50 feet, an
23-9 ending radius of 2,829.50 feet, a chord distance of 337.10 feet
23-10 (chord bears N3609'37"E) for an arc distance of 337.30 feet to a
23-11 concrete monument found at the point of tangency;
23-12 6) N3756'03"E, a distance of 443.20 feet to an iron pipe
23-13 found;
23-14 7) N3757'53"E, for a distance of 239.19 feet to a concrete
23-15 monument found at the point of curvature of a curve to the left;
23-16 8) with the said curve to the left having a central angle of
23-17 0726'32", a radius of 1,950.03 feet, a chord distance of 253.12
23-18 feet (chord bears N3405'33"E) for an arc distance of 253.29 feet to
23-19 a concrete monument found at the point of tangency;
23-20 9) N3029'37"E, for a distance of 1,017.58 feet to an iron
23-21 rod found;
23-22 10) N3028'37"E, for a distance of 2,099.60 feet to a
23-23 concrete right-of-way monument found at the point of curvature of a
23-24 curve to the right;
23-25 11) with the said curve to the right, having a central angle
23-26 of 4648'09", a radius of 1,105.91 feet, a chord distance of 878.46
23-27 feet (chord bears N5353'50"E) for an arc distance of 903.37 feet to
24-1 a concrete right-of-way monument found at the point of tangency;
24-2 12) N7719'10"E, for a distance of 189.23 feet to an iron
24-3 pipe found, being the most westerly northwest corner of the above
24-4 said 2,807.1345 acre tract, in the abandoned south right-of-way
24-5 line of Old Austin-Driftwood Road;
24-6 THENCE, leaving the said east right-of-way line of State
24-7 Highway FM 1826 with the fenced north line of the 2,807.1345 acre
24-8 tract, the following nine (9) courses and distances:
24-9 1) S6842'40"E, 378.51 feet to an iron pipe found;
24-10 2) S6341'44"E, 178.82 feet to an iron pipe found;
24-11 3) S2728'23"W, at 347.23 feet pass an iron pipe found 0.07
24-12 feet to the west, for a total distance of 800.09 feet to an iron
24-13 pipe found;
24-14 4) S2421'16"E, 538.49 feet to an iron pipe found;
24-15 5) S0552'50"E, 991.70 feet to an iron pipe found;
24-16 6) S5839'56"E, 1,085.30 feet to an iron pipe found;
24-17 7) N8847'49"E, 563.42 feet to an iron pipe found;
24-18 8) N6424'19"E, 951.91 feet to an iron rod found;
24-19 9) N3241'40"E, 470.77 feet to an iron pipe found;
24-20 THENCE, N3236'10"E, continuing along the north line of the
24-21 2,807.1345 acre tract, 412.97 feet to an iron pipe found in the
24-22 south line of a 217.38 acre tract conveyed to 1826 Associates by
24-23 deed recorded in Volume 3635, Page 634 of the said Deed Records;
24-24 THENCE, S6024'36"E, with the apparent common line between the
24-25 2,807.1345 acre tract and the 217.38 acre tract, for a distance of
24-26 349.01 feet to an iron pipe found;
24-27 THENCE, S5358'38"E, continuing with the said common line, for
25-1 a distance of 533.96 feet to an iron pipe found for a northeast
25-2 corner of the 2,807.1345 acre tract and a point in the west line of
25-3 a 100.2215 acre tract conveyed to Carlene Hielscher Klaus by deed
25-4 recorded in Volume 9724, Page 329; said pipe also being the end of
25-5 a boundary line, set by Boundary Line Agreement in Volume 3922,
25-6 Page 1668, both of the Deed Records of Travis County, Texas;
25-7 THENCE, leaving the northerly line of the 2,807.1345 acre
25-8 tract, along the common fenced line between the said 100.2215 acre
25-9 Carlene H. Klaus Tract and the 217.38 acre tract, the following
25-10 four (4) courses:
25-11 1) N2916'04"E, 374.23 feet to an iron rod found;
25-12 2) N3313'41"E, 507.32 feet to an iron rod found;
25-13 3) N2953'38"E, 440.11 feet to an iron rod found;
25-14 4) N3023'23"E, 98.78 feet to an iron rod found for the
25-15 northwest corner of the said 100.2215 acre Klaus Tract, being the
25-16 southwest corner of that 320 acre tract conveyed to Richard
25-17 Hielscher by deed recorded in Volume 1212, Page 526 of the said
25-18 Deed Records;
25-19 THENCE, S5927'22"E, leaving the easterly line of the said
25-20 217.38 acre tract, 737.66 feet to an iron rod found in the
25-21 northerly line of the said 100.2215 acre Carlene H. Klaus Tract;
25-22 THENCE, S5925'12"E, continuing with the northerly line of the
25-23 said 100.2215 acre Klaus Tract, a distance of 252.58 feet to an
25-24 iron rod found for the northeast corner of the aforesaid 100.2215
25-25 acre Carlene H. Klaus Tract, being the northwest corner of the
25-26 aforesaid 100.2215 acre Ursula H. Kutra Tract;
25-27 THENCE, S5925'12"E, with the northerly line of the said
26-1 100.2215 acre Ursula H. Kutra Tract, 512.23 feet to an iron rod
26-2 found;
26-3 THENCE, S5914'29"E, continuing along the northerly line of
26-4 the said 100.2215 acre Ursula H. Kutra Tract, 512.87 feet to an
26-5 iron rod found for the northeast corner of the aforesaid 100.2215
26-6 acre tract, being the northwest corner of the said 100.2215 acre
26-7 Amelia H. Mettke Tract;
26-8 THENCE, S5914'29"E, with the northerly line of the said
26-9 100.2215 acre Amelia H. Mettke Tract, 1,013.17 feet to an iron pipe
26-10 found for the northeast corner of the aforesaid 100.2215 acre
26-11 Amelia H. Mettke Tract, being a point in a westerly line of the
26-12 said 2,807.1345 acre tract, and the southwest corner of the said
26-13 320 acre tract;
26-14 THENCE, N3005'58"E, with the easterly line of the said 320
26-15 acre tract and the west line of the before mentioned 2,807.1345
26-16 acre tract, at 250.00 feet pass a 1/2" iron rod found for the
26-17 southwest corner of the said 79.9863 acre tract, for a total
26-18 distance of 1,357.97 feet to a 60d nail found in a fence corner
26-19 post;
26-20 THENCE, N3049'14"E, with the common line between the said
26-21 79.9863 acre tract and the 320 acre tract, 804.39 feet to a 60d
26-22 nail found in a fence post;
26-23 THENCE, N2750'15"E, continuing with the common line between
26-24 the said 79.9863 acre tract and the 320 acre tract, 125.08 feet to
26-25 a steel fence post found;
26-26 THENCE, N3031'15"E, 204.35 feet to a 5/8" iron rod found;
26-27 THENCE, N2957'23"E, continuing with the common line between
27-1 the 79.9863 acre tract and the 320 acre tract, 360.74 feet to a
27-2 5/8" iron rod found in the southeast line of the aforesaid 538.5087
27-3 acre tract;
27-4 THENCE, N2808'04"W, across the said 320 acre tract, with the
27-5 southerly line of the 538.5087 acre tract, 2,025.54 feet to a 5/8"
27-6 iron rod found on the centerline of the aforesaid existing Humble
27-7 Pipeline Company, pipeline easement;
27-8 THENCE, N7021'34"W, continuing across the said 320 acre
27-9 tract, with the centerline of the said Humble Pipeline, 1,386.97
27-10 feet to a 1/2" iron rod found for a southwest corner of the
27-11 538.5087 acre tract and a point in the easterly line of that 3.48
27-12 acre tract conveyed to Dan P. Scranton by deed recorded in Volume
27-13 4217, Page 236 of the said deed records;
27-14 THENCE, N3211'17"E, with a westerly line of the said 538.5087
27-15 acre tract, at 144.68 feet pass a 5/8" iron rod found for the
27-16 northeast corner of the 3.48 acre tract, being the southeast corner
27-17 of that 3.45 acre tract conveyed to Arnold A. Jensen by deed
27-18 recorded in Volume 7101, Page 123 of the said deed records, for a
27-19 total distance of 404.54 feet to a 5/8" iron rod found for the
27-20 northeast corner of the aforesaid 3.45 acre tract, being the
27-21 southeast corner of that 3.42 acre tract conveyed to John T.
27-22 Alexander Et Ux by deed recorded in Volume 5019, Page 1341 of the
27-23 Deed Records of Travis County, Texas;
27-24 THENCE, N3204'03"E, continuing with the said westerly line of
27-25 the 538.5087 acre tract, 259.87 feet to a 5/8" iron rod found for
27-26 the northeast corner of the said 3.42 acre tract, being the
27-27 southeast corner of that 3.23 acre tract conveyed to L. Van Sickle
28-1 by deed recorded in Volume 4822, Page 1413 of the said Deed
28-2 Records;
28-3 THENCE, N3208'30"E, 199.96 feet to a 1/2" iron pipe found for
28-4 an ell corner of the said 538.5087 acre tract, being the northeast
28-5 corner of the 3.23 acre tract;
28-6 THENCE, N5939'43"W, with the common line between the said
28-7 538.5087 acre tract and the 3.23 acre tract, 28.23 feet to a 60d
28-8 nail found in a cedar tree;
28-9 THENCE, N4040'12"W, with the northerly line of the said 3.23
28-10 acre tract, 238.75 feet to a 1/2" iron pipe found at a cattle guard
28-11 for a southwest corner of the 538.5087 acre tract;
28-12 THENCE, N6056'11"W, with the common line between the 538.5087
28-13 acre tract and the 3.23 acre tract, 7.46 feet to a 1/2" iron pipe
28-14 found;
28-15 THENCE, N7539'02"W, continuing with the said common line
28-16 between the 538.5087 acre tract and the 3.23 acre tract, 40.48 feet
28-17 to a 5/8" iron rod found;
28-18 THENCE, N5752'12"W, with the southerly line of the said
28-19 538.5087 acre tract, 807.29 feet to a 1/2" iron rod found in the
28-20 northerly line of that 3.41 acre tract conveyed to Edwin Dudley by
28-21 deed recorded in Volume 6405, Page 1177 of the said deed records;
28-22 THENCE, with the common line between the said 538.5087 acre
28-23 tract and the 3.41 acre tract for the following three (3) courses:
28-24 1) N0729'32"W, 16.38 feet to a 60d nail found in a fence
28-25 corner post at a cattle guard;
28-26 2) N6318'41"W, 6.83 feet to a 60d nail found in a fence
28-27 corner post;
29-1 3) S8133'38"W, 17.89 feet to a 1/2" iron rod found for the
29-2 northwest corner of the said 3.41 acre tract, being the most
29-3 westerly southwest corner of the 538.5087 acre tract, and a point
29-4 on the aforesaid easterly right-of-way line of State Highway F.M.
29-5 1826;
29-6 THENCE, with the common line between the 538.5087 acre tract
29-7 and the easterly right-of-way line of State Highway F.M. 1826 for
29-8 the following four (4) courses:
29-9 1) N3054'59"E, 632.18 feet to a concrete right-of-way
29-10 monument found 40.00 feet left of State Highway Centerline Station
29-11 73+30.5;
29-12 2) N2827'31"E, 393.09 feet to a concrete right-of-way
29-13 monument found for the point of curvature of a curve to the left,
29-14 40.00 feet left of State Highway Centerline Station 69+38.5;
29-15 3) with the said curve to the left having a central angle of
29-16 0630'44", a radius of 3,859.21 feet, a chord distance of 438.40
29-17 feet (chord bears N2504'58"E) for an arc distance of 438.64 feet to
29-18 a concrete right-of-way monument found for the point of tangency,
29-19 40.00 feet left of State Highway Centerline Station 65+03;
29-20 4) N2150'08"E, 774.26 feet to the PLACE OF BEGINNING,
29-21 CONTAINING within these metes and bounds 4,661.248 acres of land
29-22 area.
29-23 SECTION 9. Section 7.03, Chapter 844, Acts of the 74th
29-24 Legislature, Regular Session, 1995, is amended to read as follows:
29-25 Sec. 7.03. Existing Service. A local government providing
29-26 water, wastewater, drainage, or solid waste disposal service to an
29-27 area within the district on January 1, 1995, shall continue to
30-1 provide the service to all applicants for the service located
30-2 within the local government's service area on January 1, 1995, on
30-3 the same terms that the local government provides the service to
30-4 other customers located within the local government's service area.
30-5 If, on January 1, 1995, a contract exists that applies to a local
30-6 government's provision of water, wastewater, drainage, or solid
30-7 waste disposal service within the district, then the local
30-8 government's obligation to provide service, including the quantity
30-9 of service, is governed by the contract during the contract's term
30-10 and may not be modified unless all parties to the contract consent
30-11 to the modification.
30-12 SECTION 10. Sections 3.12-3.15 and 3.22, Chapter 844, Acts
30-13 of the 74th Legislature, Regular Session, 1995, are repealed.
30-14 SECTION 11. (a) The legislature finds that:
30-15 (1) the geographic area of the district:
30-16 (A) is substantially important to the state and
30-17 to the citizens of the state; and
30-18 (B) has involved substantial state investment
30-19 and state support of private investment;
30-20 (2) there has been recent and ongoing substantial
30-21 development within the district;
30-22 (3) a proper allocation of the state's police power
30-23 within the district is necessary to ensure sufficient balancing of:
30-24 (A) important environmental considerations;
30-25 (B) public and private investment; and
30-26 (C) self-governance by local residents;
30-27 (4) public and private investments within the district
31-1 were based on anticipated densities of population that were allowed
31-2 under regulations in effect when initial development permits were
31-3 approved;
31-4 (5) proper administration of public policy requires
31-5 the completion of the development authorized by initial development
31-6 permits to protect the viability of public and private investments
31-7 within the district;
31-8 (6) recently adopted local regulations were enacted
31-9 without the consent of affected residents or landowners of the
31-10 district that may have the potential to:
31-11 (A) substantially alter and threaten the
31-12 economic viability of contemplated development within the district;
31-13 and
31-14 (B) threaten the economic viability of public
31-15 and private investments that have been committed or made for
31-16 purposes of development;
31-17 (7) the right to self-governance by residents of the
31-18 district is important;
31-19 (8) one of the purposes of the district related to the
31-20 unique nature of the district's territory, which includes an area
31-21 of unusually intense development located over the Barton Springs
31-22 Edwards Aquifer, is to encourage centralized water and wastewater
31-23 facilities and to regulate or prohibit septic systems to protect
31-24 the quantity and quality of groundwater in the area;
31-25 (9) the Barton Springs Edwards Aquifer is a primary
31-26 source of water for persons living over the aquifer;
31-27 (10) the Barton Springs Edwards Aquifer has an impact
32-1 on the availability and quality of water in the Colorado River
32-2 Basin through the aquifer's discharge through Barton Springs into
32-3 Barton Creek and the Colorado River;
32-4 (11) the Barton Springs Edwards Aquifer is vital to
32-5 the economy and welfare of the state;
32-6 (12) the Barton Springs Edwards Aquifer is a major
32-7 groundwater supply within the state that is particularly vulnerable
32-8 to pollution from urban development;
32-9 (13) the geographic area within the district is a
32-10 primary area over the Barton Springs Edwards Aquifer in which
32-11 mixed-use urban development has been planned and is occurring;
32-12 (14) the urban development described in Subdivision
32-13 (13) of this section has been approved by the appropriate
32-14 governmental agencies, including municipal and county governments,
32-15 based on comprehensive land use plans, environmental controls, and
32-16 utility and transportation arrangements;
32-17 (15) the environmental controls and utility
32-18 arrangements described by Subdivision (14) of this section have
32-19 involved:
32-20 (A) the issuance of municipal utility district
32-21 financing and bonds for internal infrastructure; and
32-22 (B) the expansion of the municipality's utility
32-23 system, as requested by local municipal authorities;
32-24 (16) state agencies have reviewed and approved the
32-25 arrangements, financing, and bonds described by Subdivisions (14)
32-26 and (15) of this section;
32-27 (17) the Texas Natural Resource Conservation
33-1 Commission has approved the pledge of municipal utility district ad
33-2 valorem taxes to provide water and wastewater service within the
33-3 district;
33-4 (18) the Texas Department of Transportation has
33-5 constructed major transportation facilities to serve the
33-6 development described by this section in connection with a
33-7 public-private partnership involving substantial public funds; and
33-8 (19) it is necessary, appropriate, and beneficial to
33-9 the public health, safety, and welfare of the state to create a
33-10 local governmental entity that has adequate powers to carry out a
33-11 single comprehensive plan to:
33-12 (A) protect the Barton Springs Edwards Aquifer
33-13 from pollution caused by urban development within the district; and
33-14 (B) preserve the financial integrity of
33-15 municipal utility districts and the private property rights of
33-16 landowners within the district.
33-17 (b) In this section, "district" means the Southwest Travis
33-18 County Water District created by Chapter 844, Acts of the 74th
33-19 Legislature, Regular Session, 1995.
33-20 SECTION 12. All acts of the board of directors of the
33-21 Southwest Travis County Water District occurring before the
33-22 effective date of this Act are validated and confirmed.
33-23 SECTION 13. (a) Notwithstanding Subsection (b), Section
33-24 2.01, Chapter 844, Acts of the 74th Legislature, Regular Session,
33-25 1995, as amended by this Act, the Southwest Travis County Water
33-26 District's rights and functions are exercised by a board composed
33-27 as provided by Section 14 of this Act until the transition from an
34-1 appointed to an elected board is completed.
34-2 (b) Notwithstanding Section 2.02, Chapter 844, Acts of the
34-3 74th Legislature, Regular Session, 1995, as amended by this Act, a
34-4 member of the board who was not required to reside in the district
34-5 at the time of appointment may continue to serve as director
34-6 without residing in the district until expiration of the member's
34-7 term, including any additional period of service required by
34-8 Section 17, Article XVI, Texas Constitution.
34-9 SECTION 14. (a) Notwithstanding any other provision in this
34-10 Act, the transition of the board of the Southwest Travis County
34-11 Water District from an appointed to an elected body shall be
34-12 accomplished as provided by this section.
34-13 (b) The board shall call and hold an election on the first
34-14 Saturday in May 1998 to elect seven directors from the district at
34-15 large. The nine appointed directors continue to hold office, in
34-16 accordance with Section 17, Article XVI, Texas Constitution, until
34-17 the elected directors qualify for office. The seven elected
34-18 directors by lot shall determine which three directors serve
34-19 two-year terms and which four directors serve four-year terms.
34-20 SECTION 15. The secretary of state shall prescribe any
34-21 necessary procedures to implement this Act, including modifications
34-22 of applicable election procedures, periods, or deadlines.
34-23 SECTION 16. (a) The proper and legal notice of the
34-24 intention to introduce this Act, setting forth the general
34-25 substance of this Act, has been published as provided by law, and
34-26 the notice and a copy of this Act have been furnished to all
34-27 persons, agencies, officials, or entities to which they are
35-1 required to be furnished by the constitution and other laws of this
35-2 state, including the governor, who has submitted the notice and the
35-3 Act to the Texas Natural Resource Conservation Commission.
35-4 (b) The Texas Natural Resource Conservation Commission has
35-5 filed its recommendations relating to this Act with the governor,
35-6 lieutenant governor, and speaker of the house of representatives
35-7 within the required time.
35-8 (c) All requirements of the constitution and laws of this
35-9 state and of the rules and procedures of the legislature with
35-10 respect to the notice, introduction, and passage of this Act are
35-11 fulfilled and accomplished.
35-12 SECTION 17. This Act takes effect September 1, 1997.
35-13 SECTION 18. The importance of this legislation and the
35-14 crowded condition of the calendars in both houses create an
35-15 emergency and an imperative public necessity that the
35-16 constitutional rule requiring bills to be read on three several
35-17 days in each house be suspended, and this rule is hereby suspended.