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Amend CSHB 2120 by adding the following SECTIONS and
renumbering subsequent SECTIONS accordingly:
SECTION ___. Subtitle C, Title 4, Special District Local
Laws Code, is amended by adding Chapter 3840 to read as follows:
CHAPTER 3840. BEE CAVE DEVELOPMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3840.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Bee Cave Development
District.
Sec. 3840.002. BEE CAVE DEVELOPMENT DISTRICT. The Bee Cave
Development District is a special district created under Section
59, Article XVI, Texas Constitution.
Sec. 3840.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the Village of
Bee Cave, Travis County, and other political subdivisions to
contract with the district, the legislature has established a
program to accomplish the public purposes set out in Section 52-a,
Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the Village of Bee Cave's business area.
(c) This chapter and the creation of the district may not be
interpreted to relieve Travis County or the Village of Bee Cave from
providing the level of services provided as of September 1, 2005, to
the area in the district or to release the county or village from
the obligations of each entity to provide services to that area.
The district is created to supplement and not to supplant the county
or village services provided in the area in the district.
Sec. 3840.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district, and of the public, by providing, operating, and
maintaining:
(A) attractive, safe, and convenient street and
road improvements;
(B) off-street parking facilities; and
(C) necessary water, sewer, and drainage
facilities, including a facility for the improvement of water
quality, to serve the district;
(2) provide needed funding for the Village of Bee
Cave's business area to:
(A) preserve, maintain, and enhance the economic
health and vitality of the area as a community and business center;
and
(B) provide a government center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways, parks, and off-street
parking, and by landscaping and developing certain areas in the
district, which are necessary for the restoration, preservation,
and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3840.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act enacting
this chapter.
(b) The boundaries and field notes of the district contained
in Section 2 of the Act enacting this chapter form a closure. A
mistake in the field notes or in copying the field notes in the
legislative process does not in any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for a purpose for
which the district is created or to pay the principal of and
interest on the bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
(c) The district boundaries may not be changed. Sections
375.043 and 375.044, Local Government Code, and Subchapter J,
Chapter 49, Water Code, do not apply to the district.
Sec. 3840.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created by the
Village of Bee Cave under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by the
Village of Bee Cave under Chapter 312, Tax Code; or
(3) an enterprise zone created by the Village of Bee
Cave under Chapter 2303, Government Code.
Sec. 3840.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3840.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3840.009-3840.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3840.051. GOVERNING BODY; TERMS. The district is
governed by a board of five directors who serve staggered terms of
four years, with two or three directors' terms expiring July 1 of
each odd-numbered year.
Sec. 3840.052. APPOINTMENT. (a) The governing body of the
Village of Bee Cave shall appoint directors as provided by
Subchapter D, Chapter 375, Local Government Code, except that to be
qualified to serve as a director, a person must be at least 18 years
of age and:
(1) a resident of the Village of Bee Cave;
(2) an owner of property in the district;
(3) an owner of stock, whether beneficial or
otherwise, of a corporate owner of property in the district;
(4) an owner of a beneficial interest in a trust that
owns property in the district; or
(5) an agent, employee, or tenant of a person
described by Subdivision (2), (3), or (4).
(b) Sections 375.063 and 375.064(a)-(c) and (e), Local
Government Code, do not apply to the district.
Sec. 3840.053. VACANCY. (a) The governing body of the
Village of Bee Cave shall appoint a person to fill a board vacancy
in the same manner as an original appointment.
(b) Section 375.066, Local Government Code, does not apply
to the district.
Sec. 3840.054. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
(a) Except as provided by this section:
(1) a director may participate in all board votes and
decisions; and
(2) Chapter 171, Local Government Code, governs
conflicts of interest for directors.
(b) Section 171.004, Local Government Code, does not apply
to the district. A director who has a substantial interest in a
business or charitable entity that will receive a pecuniary benefit
from a board action shall file a one-time affidavit declaring the
interest. An additional affidavit is not required if the
director's interest changes. After the affidavit is filed with the
board secretary, the director may participate in a discussion or
vote on that action if:
(1) a majority of the directors have a similar
interest in the same entity;
(2) all other similar business or charitable entities
in the district will receive a similar pecuniary benefit; or
(3) the director owns property in the district.
(c) A director who is also an officer or employee of a public
entity may not participate in the discussion of or vote on a matter
regarding a contract with that public entity.
(d) For purposes of this section, a director has a
substantial interest in a charitable entity in the same manner that
a person would have a substantial interest in a business entity
under Section 171.002, Local Government Code.
[Sections 3840.055-3840.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3840.101. NONPROFIT CORPORATION. (a) The board by
resolution may, with the consent of the Village of Bee Cave,
authorize the creation of a nonprofit corporation to assist and act
for the district in implementing a project or providing a service
authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Chapter 431,
Transportation Code.
Sec. 3840.102. AGREEMENTS; GRANTS; DONATIONS. (a) The
district may enter into an agreement with or accept a donation,
grant, or loan from any person.
(b) A municipality, county, or other political subdivision
of this state, without further authorization, may contract with the
district for:
(1) the acquisition, construction, improvement,
implementation, maintenance, and operation of a district project;
or
(2) the provision of a service authorized under this
chapter.
(c) A contract under Subsection (b) may:
(1) be for a period and include terms on which the
parties agree;
(2) be payable from taxes or any other source of
revenue that may be available for that purpose; and
(3) provide terms under which taxes or other revenues
collected at a district project or from a person using or purchasing
a commodity or service at a district project may be paid or rebated
to the district.
(d) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3840.103. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
To protect the public interest, the district may contract with the
Village of Bee Cave for the village to provide law enforcement
services in the district for a fee.
Sec. 3840.104. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS.
(a) Except as provided by Subsection (b), the district must obtain
the approval of the Village of Bee Cave's governing body:
(1) for the issuance of a bond for each improvement
project;
(2) of the plans and specifications of an improvement
project financed by the bond; and
(3) of the plans and specifications of any district
improvement project related to the use of land owned by the Village
of Bee Cave, an easement granted by the Village of Bee Cave, or a
right-of-way of a street, road, or highway.
(b) If the district obtains the approval of the Village of
Bee Cave's governing body of a capital improvements budget for a
period not to exceed five years, the district may finance the
capital improvements and issue bonds specified in the budget
without further approval of the Village of Bee Cave.
Sec. 3840.105. NO EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
Sec. 3840.106. HOTEL CONSTRUCTION PROHIBITED. (a) In this
section, "hotel" has the meaning assigned by Section 156.001, Tax
Code.
(b) The district may not build a hotel or finance or
construct a facility or other improvement to enhance or benefit a
hotel in the district. A hotel may not be connected to or use a
facility or other improvement financed or constructed by the
district.
[Sections 3840.107-3840.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3840.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. 3840.152. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project under this chapter unless a written
petition requesting that service or improvement has been filed with
the board.
(b) A petition filed under Subsection (a) must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district subject to assessment according to
the most recent certified tax appraisal roll for Travis County; or
(2) at least 25 owners of land in the district, if more
than 25 persons own land in the district according to the most
recent certified property tax appraisal roll for Travis County.
Sec. 3840.153. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES. (a) The district may impose an ad
valorem tax, assessment, or impact fee as provided by Chapter 375,
Local Government Code, on all property in the district, including
industrial, commercial, or residential property, to:
(1) finance or provide an improvement or service for a
project or activity this chapter authorizes the district to
construct, acquire, or improve; or
(2) provide or to make a payment under a contract.
(b) This section does not apply to property owned by a
municipality.
Sec. 3840.154. ASSESSMENTS. (a) The board by resolution
may impose and collect an assessment for any purpose authorized by
this chapter.
(b) The district may not impose an assessment against any
property of the Village of Bee Cave in the district. Payment of an
assessment by another exempt jurisdiction must be established by
contract.
(c) The board may apportion the cost of an improvement
project or service to be assessed against property in the district
on all property in the district according to a finding of the board
that the improvement project or service benefits all property in
the district.
(d) The board may include two or more types of improvements
and services in one assessment proceeding. The board may conduct
separate assessment proceedings as the district undertakes
improvement projects or the provision of services.
(e) The board may adjust annual assessments for services in
accordance with an annual budget the board adopts for the provision
of those services. An annual adjustment may not exceed the annual
amount set forth in the original assessment proceedings except
after public notice and hearing on the increase.
(f) The board, after notice and hearing as provided by
Subchapter F, Chapter 375, Local Government Code, may:
(1) correct, add to, or delete assessments from its
assessment rolls; and
(2) collect assessments after making the corrections,
additions, or deletions.
Sec. 3840.155. LIENS FOR ASSESSMENTS. (a) An assessment,
including an assessment resulting from an addition to or correction
of the assessment roll by the district, a reassessment, penalties
and interest on an assessment or reassessment, an expense of
collection, and reasonable attorney's fees incurred by the
district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceeding.
(b) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
Sec. 3840.156. AD VALOREM TAX. (a) If authorized at an
election held in accordance with Section 3840.160, the district may
impose an annual ad valorem tax on taxable property in the district
for any district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate.
Sec. 3840.157. CONTRACTS SECURED BY AD VALOREM TAXES. A
contract for which the payments are secured wholly or partly by ad
valorem taxes may not be executed unless the imposition of the ad
valorem taxes to secure the payment of the contract is approved by a
majority, or a larger percentage if constitutionally required, of
the voters in the district voting at an election held for that
purpose.
Sec. 3840.158. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property of a person that provides gas,
electricity, telephone, sewage, or water service to the public.
Sec. 3840.159. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations payable wholly or
partly from taxes, assessments, impact fees, revenue, grants, or
other money of the district, or any combination of those sources of
money, to pay for any authorized purpose of the district.
(b) The district may issue a bond or other obligation in the
form of a bond, note, certificate of participation or other
instrument evidencing a proportionate interest in payments to be
made by the district, or other type of obligation.
Sec. 3840.160. TAX AND BOND ELECTIONS. (a) Except as
provided by Subsection (c), the district shall hold an election in
the manner provided by Subchapter L, Chapter 375, Local Government
Code, to obtain voter approval before the district imposes a
maintenance tax or issues bonds payable from ad valorem taxes or
assessments.
(b) The board may include more than one purpose in a single
proposition at an election.
(c) If the district obtains the written consent of all
property owners in the district to impose a maintenance tax or issue
bonds payable from ad valorem taxes or assessments, the district is
exempt from the election requirement under Subsection (a) and may
cancel an election called under Subsection (a).
Sec. 3840.161. MUNICIPALITIES NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, a municipality is not required to pay a bond, note,
or other obligation of the district.
Sec. 3840.162. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value greater than $25,000.
[Sections 3840.163-3840.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3840.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING
DEBT. (a) The board may dissolve the district regardless of
whether the district has debt. Section 375.264, Local Government
Code, does not apply to the district.
(b) If the district has debt when it is dissolved, the
district shall remain in existence solely for the purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
[Sections 3840.202-3840.250 reserved for expansion]
SUBCHAPTER F. ENFORCEMENT POWERS
Sec. 3840.251. INJUNCTIVE RELIEF. (a) If it appears that
a person or the district has violated or is violating or threatening
to violate this chapter or a rule, permit, or other order of the
district issued or adopted under this chapter, a resident of the
Village of Bee Cave may institute an action in a district court for
injunctive relief to restrain the person or the district from
continuing the violation or threat of violation.
(b) On application for injunctive relief and a finding that
a person or the district is violating or threatening to violate this
chapter or a rule, permit, or other order of the district under this
chapter, the district court shall grant injunctive relief as the
facts warrant.
(c) Venue for an action seeking injunctive relief is in a
district court in Travis County.
SECTION ___. As of the effective date of this Act, the Bee
Cave Development District includes all territory contained in the
following described area:
BEING A 156.088 ACRE TRACT LOCATED IN THE A. ZILLER SURVEY NUMBER 2
ABSTRACT2529, THE JAS. G. SWISHER SURVEY NUMBER 152 ABSTRACT NUMBER
691, THE WILLIAM P. MOORE SURVEY NUMBER 525 ABSTRACT NUMBER 557, THE
ORRAN WADE SURVEY NUMBER 540 ABSTRACT NUMBER 811, AND THE JOHN
HOBSON SURVEY NUMBER 527 ABSTRACT NUMBER 387, TRAVIS COUNTY, TEXAS,
AND BEING ALL OF A 31.9094 ACRE TRACT DESCRIBED IN A DEED TO
TECHNOLOGY PROPERTIES, INC. AND RECORDED IN VOLUME 12101, PAGE
1883, REAL PROPERTY RECORDS, TRAVIS COUNTY, TEXAS, ALSO BEING ALL
OF A 3.662 ACRE TRACT, THE REMAINDER OF A 66.47 ACRE TRACT, THE
REMAINDER OF A 45.760 ACRE TRACT, AND ALL OF A 1.633 ACRE TRACT, ALL
BEING CONVEYED TO BALDWIN PROPERTIES, LTD. AND DESCRIBED IN
DOCUMENT NUMBER 2003036917, OF THE OFFICIAL PUBLIC RECORDS, TRAVIS
COUNTY, TEXAS, ALSO BEING ALL OF THE REMAINDER OF BEE CAVES COMMONS,
A SUBDIVISION OF RECORD IN VOLUME 88, PAGE 325, OF THE PLAT RECORDS,
TRAVIS COUNTY, TEXAS, ALSO BEING A PORTION OF A 6.009 ACRE TRACT
CONVEYED TO WILLIAM J. MADDOX, AND DESCRIBED IN DOCUMENT NUMBER
1999022498, OFFICIAL PUBLIC RECORDS, TRAVIS COUNTY, TEXAS, ALSO
BEING A PORTION OF A 5.5 ACRE TRACT CONVEYED TO HIGHLAND HILLS VFW,
AND DESCRIBED IN VOLUME 8218, PAGE 501, DEED RECORDS, TRAVIS
COUNTY, TEXAS, ALSO BEING A PORTION OF A 3.92 ACRE TRACT CONVEYED TO
R.C. AND J. PURYEAR, AND DESCRIBED IN VOLUME 11960, PAGE 211, REAL
PROPERTY RECORDS, TRAVIS COUNTY, TEXAS, AND ALSO BEING A PORTION OF
TROUBLEMAKER SECTION ONE, A SUBDIVISION OF RECORD IN VOLUME 103,
PAGE 74, PLAT RECORDS, TRAVIS COUNTY, TEXAS. SAID 156.088 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2 inch iron rod found in the north right-of-way
(ROW) line of Bee Caves Road (R.M. 2244), (ROW varies), same being
the southeast corner of said 66.47 acre tract, also being the
southwest corner of Bee Caves Plaza, Section Two, a subdivision of
record in Document Number 199900247, Official Public Records,
Travis County, Texas, for the southeast corner of this tract and the
POINT OF BEGINNING;
THENCE with the north ROW line of said Bee Caves Road, same being
the south line of said 66.47 acre tract the following four (4)
courses and distances:
1. S89°30'01"W, a distance of 80.15 feet to a TXDOT concrete
monument found,
2. S89°49'16"W, a distance of 62.18 feet to a TXDOT concrete
monument found,
3. S80°34'19"W, a distance of 185.07 feet to a 1/2 inch iron rod
with plastic cap found, and
4. N89°43'33"W, a distance of 25.52 feet to a TXDOT brass disk in
concrete found at the intersection of the north ROW line of said Bee
Caves Road and the north ROW line of State Highway 71 (ROW varies),
same being a south corner of said 66.47 acre tract
THENCE with the north ROW line of said State Highway 71, same being
the south line of said 66.47 acre tract, N66°38'55"W, a distance of
220.65 feet to a calculated point for a south corner of said 66.47
acre tract, same being the southeast corner of The Village at Bee
Caves, Phase 1, a subdivision of record in Volume 100, Page 268,
Plat Records, Travis County, Texas, also being a point in the north
ROW line of said State Highway 71.
THENCE leaving said ROW line and with the east, north, and west
lines of said Village at Bee Caves subdivision, same being the south
line of said 66.47 acre tract the following three (3) courses and
distances:
1. N23°21'07"E, a distance of 261.28 feet to a 1/2 inch iron rod
found,
2. N66°37'43"W, a distance of 179.91 feet to a 1/2 inch iron rod
found, and
3. S23°21'07"W, a distance of 261.34 feet to a 1/2 inch iron rod
with plastic "VARA" cap found in the north ROW line of said State
Highway 71, same being the southwest corner of said Village at Bee
Caves subdivision, also being a south corner of said 66.47 acre
tract.
THENCE with the north ROW line of said State Highway 71, same being
the south line of said 66.47 acre tract, the south line of said Bee
Caves Commons, and said 45.760 acre tract, the following eight (8)
courses and distances:
1. N66°38'55"W, a distance of 606.82 feet to a TXDOT brass disk in
concrete found,
2. N35°38'36"W, a distance of 38.26 feet to a TXDOT brass disk in
concrete found,
3. N66°40'51"W, a distance of 328.08 feet to a TXDOT brass disk in
concrete found,
4. N49°47'50"W, a distance of 102.78 feet to a TXDOT brass disk in
concrete found,
5. N66°40'13"W, a distance of 459.16 feet to a TXDOT brass disk in
concrete found,
6. N77°51'51"W, a distance of 100.61 feet to a TXDOT brass disk in
concrete found,
7. N66°39'08"W, a distance of 426.63 feet to a TXDOT brass disk in
concrete found, and
8. N77°08'12"W, a distance of 253.20 feet to a 1/2 inch iron rod
found in the east property line of Lot 15, of the Glass-Bohls
Subdivision, a subdivision of record in Volume 90, Page 274, Plat
Records, Travis County, Texas, same being a southwest corner of
said 45.760 acre tract, also being a corner in the north ROW line of
said State Highway 71.
THENCE leaving said ROW line and with the east line of said Lot 15,
same being a west line of said 45.760 acre tract, N13°22'57"E, a
distance of 209.67 feet to a 1/2 inch iron rod found for the
northeast corner of said Glass-Bohls Subdivision, same being the
south east corner of a 42.929 acre (Remainder) tract conveyed
to
Baldwin Investments and described in Volume 10846, Page 477, Real
Property Records, Travis County, Texas, also being a corner in a
southwest line of said 45.760 acre tract.
THENCE with the east, north, and west lines of the said 42.929 acre
(Remainder) tract, same being south lines of said 45.760 acre
tract, the following three (3) courses and distances:
1. N13°22'11"E, a distance of 141.56 feet to a 1/2 inch iron rod
with plastic "VARA" cap found,
2. N76°35'16"W, a distance of 247.99 feet to a 1/2 inch iron rod
found, and
3. S13°36'24"W, a distance of 141.65 feet to a 1/2 inch iron rod
found for the southwest corner of said 42.929 acre (Remainder)
tract, same being the northwest corner of said Lot 15, also being a
point in an east line of said 45.760 acre tract.
THENCE with the east line of said 45.760 acre tract, same being the
west line of said Lot 15, S13°27'17"W, a distance of 174.90 feet to a
1 inch iron pipe found in the east ROW line of R.M. 620, (ROW
varies), same being the southwest corner of said Lot 15, also being
a south corner of said 45.760 acre tract.
THENCE with the east ROW line of said R.M. 620, same being a south
line of said 45.760 acre tract, N54°32'05"W, a distance of 19.86
feet to a 1 inch iron pipe found in the west ROW line of said R.M.
620, same being the southeast corner of a 0.85 acre tract conveyed
to Ethel Hudson Thurman, and described in Volume 2876, Page 554,
Deed Records, Travis County, Texas, also being a south corner of
said 45.760 acre tract.
THENCE with the west line of the said 45.760 acre tract, same being
the east line of said 0.85 acre tract and the east and north lines of
a 1.24 acre tract conveyed to Shirley Thurman Grumbles, and
described in Volume 13323, Page 1016, Real Property Records, Travis
County, Texas, N13°14'26"E, a distance of 418.29 feet to a 1/2 inch
iron rod found, for the northeast corner of said 1.24 acre tract,
same being the southeast corner of said 1.633 acre tract, also being
in the east line of said 45.760 acre tract.
THENCE with the south line of the said 1.633 acre tract, same being
the north lines of said 1.24 acre tract, N66°47'02"W, a distance of
353.33 feet to a 1/2 inch iron rod found in the east ROW line of said
R.M. 620, same being the northwest corner of said 1.24 acre tract,
also being the southwest corner of said 1.633 acre tract.
THENCE with the east ROW line of said R.M. 620, same being the west
line of said 1.633 acre tract and said 45.760 acre tract, the
following three (3) courses and distances:
1. N15°35'09"W, a distance of 264.34 feet to a TXDOT brass disk in
concrete found,
2. N19°46'35"W, a distance of 53.60 feet to a 3/4 inch iron pipe
found, and
3. N19°20'10"W, a distance of 38.61 feet to a 3/4 inch iron pipe
found in the east ROW line of said R.M. 620, same being a west corner
of said 45.760 acre tract, also being an east corner of the Travis
County Subdivision No. Two, a subdivision of record in Volume 100,
Page 268, Plat Records, Travis County, Texas.
THENCE with the south, east, and north lines of said Travis County
Subdivision No. Two, same being west lines of said 45.760 acre
tract, the following five (5) courses and distances:
1. N56°11'48"E, a distance of 8.13 feet to a 3/4 inch iron pipe
found,
2. S32°51'32"E, a distance of 10.01 feet to a 1/2 inch iron rod
found,
3. S47°20'00"E, a distance of 106.22 feet to a 1/2 inch iron rod
found,
4. N21°50'40"E, a distance of 582.01 feet to a 1/2 inch iron rod
found, and
5. N60°39'51"W, a distance of 359.35 feet to calculated point in
the east line of said 6.009 acre tract, same being the northwest
corner of said Travis County Subdivision No. Two, also being the
west corner of said 45.760 acre tract.
THENCE with the west line of said Travis County Subdivision No. Two,
same being the east line of said 6.009 acre tract, the following two
(2) courses and distances:
1. S37°13'35"W, a distance of 42.91 feet to a 1/2 inch iron rod
found, and
2. S46°05'26"W, a distance of 265.76 feet to a 1/2 inch iron rod
found in the northeast ROW line of said R.M. 620, same being the
west corner of said Travis County Subdivision No. Two, also being
the southeast corner of said 6.009 acre tract.
THENCE with the north ROW line of said R.M. 620, same being the
south line of said 6.009 acre tract, N40°02'34"W, a distance of
60.40 feet to a 1/2 inch iron rod found in the north ROW line of said
R.M. 620, same being the southwest corner of said 6.009 acre tract,
also being the southeast corner of the remainder of said 5.5 acre
tract.
THENCE with the east line of the remainder of said 5.5 acre tract,
same being the west line of said 6.009 acre tract, N44°53'05"E, a
distance of 298.91 feet to a calculated point for a west corner of
said 6.009 acre tract, same being a west corner of the remainder of
said 5.5 acre tract.
THENCE leaving said common line and crossing said 6.009 acre tract,
said 45.760 acre tract, said 5.5 acre tract, and said 3.92 acre
tract, the following three (3) courses and distances:
1. N60°42'58"E, a distance of 367.90 feet to a calculated point,
2. N29°17'47"W, a distance of 532.97 feet to a calculated point,
and
3. S32°43'50"W, a distance of 85.11 feet to a 1 inch iron rod in
concrete found in the south line of said 3.92 acre tract, same being
the northwest corner of said 5.5 acre tract, also being the east
corner of a 6.947 acre tract conveyed to Duane James Terry, and
described in Volume 12657, Page 1860, Real Property Records, Travis
County, Texas.
THENCE with the south and west lines of said 3.92 acre tract, same
being the north lines of said 6.947 acre tract, the following two
(2) courses and distances:
1. N62°10'44"W, a distance of 237.62 feet to a 1/2 inch iron rod
found, and
2. N02°07'31"E, a distance of 189.38 feet to a 1 inch iron rod in
concrete found for a south corner of said Troublemaker subdivision,
same being the northwest corner of said 3.92 acre tract, also being
the northeast corner of said 6.947 acre tract.
THENCE with the south line of said Troublemaker tract, same being
the north line of said 3.92 acre tract, S77°05'56"E, a distance of
123.37 feet to a calculated point in said common line.
THENCE leaving said common line and crossing said Troublemaker
tract the following two (2) courses and distances:
1. With the arc of a curve to the left a distance of 1083.76 feet,
through a central angle of 65°42'33", having a radius of 945.00
feet, and whose chord bears N72°04'04"W, a distance of 1025.34 feet
to a calculated point, and
2. S75°04'40"W, a distance of 31.40 feet to a calculated point in
the west line of said Troublemaker tract, same being the east line
of said R.M. 620.
THENCE with the east ROW line of said R.M. 620, same being the west
line of said Troublemaker tract, the following two (2) courses and
distances:
1. N18°04'22"W, a distance of 272.77 feet to a TXDOT type II
monument found, and
2. With the arc of a curve to the left a distance of 240.18 feet,
through a central angle of 10°12'24", having a radius of 1348.24
feet, and whose chord bears N20°32'19"W, a distance of 239.86 feet
to a calculated point in said ROW line, same being the northwest
corner of said Troublemaker tract, also being the southwest corner
of an 819.739 acre tract conveyed to the City of Austin and
described in Volume 12124, Page 143, Real Property Records, Travis
County, Texas.
THENCE with the north line of said Troublemaker tract, same being
the south line of said 819.739 acre tract, N88°45'35"E, a distance
of 190 feet to a calculated point in said common line.
THENCE leaving said common line and crossing said Troublemaker
tract the following three (3) courses and distances:
1. S09°31'59"W, a distance of 208.34 feet to a calculated point,
2. S18°04'22"E, a distance of 167.41 feet to a calculated point,
and
3. With the arc of a curve to the right a distance of 1303.65 feet,
through a central angle of 70°47'59", having a radius of 1055.00
feet, and whose chord bears S67°28'29"E, a distance of 1222.28 feet
to a calculated point in the south line of said Troublemaker tract,
same being the north line of said 3.92 acre tract.
THENCE with the north line of said 3.92 acre tract, same being the
south line of said Troublemaker tract, S77°02'56"E, a distance of
230.18 feet to a cotton spindle found for the southeast corner of
said Troublemaker tract, same being a southwest corner of said
819.739 acre tract, also being a point in the north line of said
3.92 acre tract.
THENCE with the north line of said 3.92 acre tract, same being a
south line of said 819.739 acre tract, S77°22'13"E, a distance of
164.44 feet to a 1/2 inch iron rod found for the northeast corner of
said 3.92 acre tract, same being a point in the south line of said
819.739 acre tract, also being the northwest corner of said 6.009
acre tract.
THENCE with the north line of said 6.009 acre tract, same being a
south line of said 819.739 acre tract, S76°46'31"E, a distance of
276.72 feet to a calculated point in said common line.
THENCE leaving said common line and crossing said 3.92 acre tract
and said 6.009 acre tract the following seven (7) courses and
distances:
1. S63°22'07"W, a distance of 143.52 feet to a calculated point,
2. N70°03'44"W, a distance of 137.19 feet to a calculated point,
3. S59°02'55"W, a distance of 262.60 feet to a calculated point,
4. S29°17'47"E, a distance of 196.22 feet to a calculated point,
5. N60°42'13"E, a distance of 120.12 feet to a calculated point,
6. S49°44'17"E, a distance of 85.54 feet to a calculated point, and
7. S29°17'47"E, a distance of 175.95 feet to a calculated point in
the south line of said 6.009 acre tract, same being a north line of
said 45.760 acre tract.
THENCE with the south line of said 6.009 acre tract, same being the
north line of said 45.760 acre tract, S77°06'32"E, a distance of
146.00 feet to a 3/4 inch iron pipe found for an east corner of said
6.009 acre tract, same being a point in the west line of a 462.4037
acre tract conveyed to the City of Austin and described in Volume
12396, Page 1204, Real Property Records, Travis County, Texas.
THENCE with the east and north lines of said 45.760 acre tract and
said 66.47 acre tract, same being the west and south lines of said
462.4037 acre tract and a 12.268 acre tract conveyed to the L.C.R.A.
and described in Document Number 2001056302, Official Public
Records, Travis County, Texas, the following two (2) courses and
distances:
1. S12°35'44"W, a distance of 327.14 feet to a 3/4 inch iron pipe
found, and
2. S70°13'01"E, a distance of 1884.98 feet to a 1/2 inch iron rod
with plastic cap found, for a southeast corner of said 462.4037 acre
tract, same being the west corner of said 3.662 acre tract, also
being a point in the north line of said 66.47 acre tract.
THENCE with the common line of said 3.662 acre tract and said
462.4037 acre tract the following five (5) courses and distances:
1. N61°00'54"E, a distance of 196.44 feet to a 1/2 inch iron rod
with plastic cap found,
2. N87°33'49"E, a distance of 433.24 feet to a 1/2 inch iron rod
found,
3. N65°19'12"E, a distance of 38.74 feet to a 1/2 inch iron rod
found,
4. N87°43'36"E, a distance of 647.80 feet to a 1/2 inch iron rod
found, and
5. N45°10'09"E, a distance of 75.12 feet to a 1/2 inch iron rod
found for the southeast corner of said 462.4037 acre tract, same
being a point in the southwest line of Lake Pointe Phase II, a
subdivision of record in Volume 97, Page 84, Plat Records, Travis
County, Texas, also being the northeast corner of said 3.662 acre
tract.
THENCE with the east lines of said 3.662 acre tract and said 31.9094
acre tract, same being the southwest line of said Lake Pointe
subdivision, S41°11'34"E, a distance of 1845.56 feet to a 1/2 inch
iron rod found, in the curving north ROW line of said Bee Caves
Road, same being the east corner of said 31.9094 acre tract, also
being the south corner of said Lake Pointe subdivision.
THENCE with the south line of said 31.9094 acre tract, same being
the north ROW line of said Bee Caves Road the following two (2)
courses and distances:
1. With the arc of a curve to the left a distance of 56.87 feet,
through a central angle of 1°38'15", having a radius of 1989.93
feet, and whose chord bears S54°32'32"W, a distance of 56.87 feet to
a calculated point, from which a TXDOT type II monument found bears,
S53°43'25"W, a distance of 0.21 feet, and
2. S53°43'07"W, a distance of 808.02 feet to a 5/8 inch iron rod
found in the north ROW line of said Bee Caves Road, same being the
south corner of said 31.9094 acre tract, also being the southeast
corner of Lot 2, of Bee Caves Plaza Section One, a subdivision of
record in Volume 97, Page 106, Plat Records, Travis County, Texas.
THENCE leaving said ROW line and with the east line of said Lot 2,
same being a west line of said 31.9094 acre tract, N18°13'50"W, at an
approximate distance of 308 feet passing the northeast corner of
said Lot 2, same being the southeast corner of a 4.84 acre tract
conveyed to Ted L. Stewart, Trustee, and described in Volume 13047,
Page 244, Real Property Records, Travis County, Texas, thence
continuing with the west line of said 31.9094 acre tract same being
the east line of said 4.84 acre tract, for a total distance of
1027.22 feet to a 1/2 inch iron rod found.
THENCE continuing with said common line, N44°29'59"W, a distance of
147.70 feet to a 1/2 inch iron rod with plastic "VARA" cap found for
a common corner.
THENCE continuing with said common line, S89°40'20"W, at an
approximate distance of 169 feet passing the northwest corner of
said 4.84 acre tract, same being the northeast corner of Lot 1, of
said Bee Caves Plaza Section One, thence continuing with a south
line of said 31.9094 acre tract, same being the north line of said
Lot 1, at an approximate distance of 346 feet passing the northwest
corner of said Lot 1, same being the northeast corner of Bee Caves
Plaza Section Three, a subdivision of record in Volume 101, Page 92,
Plat Records, Travis County, Texas, thence continuing with the
north line of said Bee Caves Plaza Section Three, same being a south
line of said 31.9094 acre tract, a total distance of 657.81 feet to
a 1/2 inch iron rod found in the east line of said 66.47 acre tract,
same being the southwest corner of said 31.9094 acre tract, also
being the northeast corner of said Bee Caves Plaza Section Three.
THENCE with east line of said 66.47 acre tract, same being the west
lines of said Bee Caves Plaza Section Three, a 7.69 acre tract
conveyed to Ted L. Stewart, Trustee, and described in Volume 13047,
Page 244, Real Property Records, Travis County, Texas, and said Bee
Caves Plaza Section Two, S10°17'49"E, a distance of 1295.56 feet to
the POINT OF BEGINNING and containing 156.088 acres of land, more or
less.
SECTION ___. Not later than January 1, 2006, the governing
body of the Village of Bee Cave shall appoint the initial board of
directors for the Bee Cave Development District under Section
3840.052, Special District Local Laws Code, as added by this Act.
The governing body shall stagger the initial directors' terms so
that three terms expire July 1, 2007, and two terms expire July 1,
2009.
SECTION ___. The legislature finds that:
(1) proper and legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished by
the constitution and laws of this state, including the governor,
who has submitted the notice and Act to the Texas Commission on
Environmental Quality;
(2) the Texas Commission on Environmental Quality has
filed its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time;
(3) the general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with; and
(4) all requirements of the constitution and laws of
this state and the rules and procedures of the legislature with
respect to the notice, introduction, and passage of this Act have
been fulfilled and accomplished.
SECTION ___. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.