2005S0586-1 03/11/05
By: Barrientos S.B. No. 1836
A BILL TO BE ENTITLED
AN ACT
relating to the creation of Pflugerville Municipal Management
District No. 1; providing authority to impose a tax and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3819 to read as follows:
CHAPTER 3819. PFLUGERVILLE MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3819.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "County" means Travis County.
(3) "District" means Pflugerville Municipal
Management District No. 1.
(4) "Municipality" means the City of Pflugerville.
(5) "Utility" means a person that provides gas,
electricity, telephone, sewage, or water service to the public.
Sec. 3819.002. PFLUGERVILLE MUNICIPAL MANAGEMENT DISTRICT
NO. 1. (a) Pflugerville Municipal Management District No. 1 is
created as a special district under Section 59, Article XVI, Texas
Constitution.
(b) The board by resolution may change the district's name.
Sec. 3819.003. 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
municipality, 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 district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the county or the municipality from
providing the level of services provided as of the effective date of
this chapter to the area in the district or to release the county or
the municipality from the obligations of each entity to provide
services to that area. The district is created to supplement and
not to supplant the municipal or county services provided in the
area in the district.
Sec. 3819.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act creating
this chapter.
(b) The boundaries and field notes of the district contained
in Section 2 of the Act creating this chapter form a closure. A
mistake made in the field notes or in copying the field notes in the
legislative process does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or taxes;
or
(4) legality or operation.
Sec. 3819.005. 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;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the area as a community
and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic and
aesthetic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, 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 may 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. 3819.006. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapter 375, Local Government
Code, applies to the district.
Sec. 3819.007. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3819.008-3819.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3819.051. BOARD OF DIRECTORS; TERMS; COMPENSATION.
(a) The district is governed by a board of 11 directors who serve
staggered four-year terms.
(b) A director shall receive compensation as provided by
Section 49.060, Water Code.
Sec. 3819.052. APPOINTMENT OF DIRECTORS. (a) The mayor
and members of the governing body of the municipality shall appoint
directors from among persons recommended by the board. A person is
appointed if a majority of the members and the mayor vote to appoint
the person.
(b) A person may not be appointed to the board if the
appointment of that person would result in fewer than two-thirds of
the directors being residents of the municipality.
Sec. 3819.053. EX OFFICIO DIRECTORS. (a) The following
persons serve as nonvoting ex officio directors:
(1) the directors of the parks and recreation,
planning and development, public works, and civic center
departments of the municipality;
(2) the municipality's chief of police;
(3) the general manager of the metropolitan transit
authority of the county; and
(4) the president of each institution of higher
learning located in the district.
(b) If a department described by Subsection (a) is
consolidated, renamed, or changed, the board may appoint a director
of the consolidated, renamed, or changed department as a nonvoting
ex officio director. If a department described by Subsection (a) is
abolished, the board may appoint a representative of another
department of the municipality that performs duties comparable to
those performed by the abolished department.
(c) The board may appoint the presiding officer of a
nonprofit corporation that is actively involved in activities in
the municipality's midtown area to serve as a nonvoting ex officio
director.
Sec. 3819.054. CONFLICTS OF INTEREST. (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 of 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 an affidavit with the board secretary
declaring the interest. Another affidavit is not required if the
director's interest changes.
(c) After the affidavit is filed under Subsection (b), 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; or
(2) all other similar business or charitable entities
in the district will receive a similar pecuniary benefit.
(d) A director who is also an officer or employee of a public
entity may not participate in a discussion of or vote on a matter
regarding a contract with that public entity.
(e) 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.
Sec. 3819.055. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors: Pos. No. Name of Board Member
1. John Franklin
2. ________________
3. ________________
4. ________________
5. ________________
6. ________________
7. ________________
8. ________________
9. ________________
10. ________________; and
11. ________________.
(b) Of the initial voting directors, the terms of directors
appointed for positions 1 through 6 expire June 1, 2009, and the
terms of directors appointed for positions 7 through 11 expire
June 1, 2007.
(c) Section 3819.052 does not apply to the appointment of
initial voting directors under this section.
(d) This section expires September 1, 2009.
[Sections 3819.056-3819.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3819.101. DISTRICT POWERS. (a) The district may
exercise the powers given to:
(1) a corporation created under Section 4B,
Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas
Civil Statutes);
(2) a housing finance corporation created under
Chapter 394, Local Government Code, to provide housing or
residential development projects in the district; and
(3) an eligible political subdivision under Chapter
221, Natural Resources Code.
(b) The district may exercise its powers in an area outside
the district if the board determines that exercising that power
benefits the district.
Sec. 3819.102. AGREEMENTS, DONATIONS, GRANTS, AND LOANS.
(a) The district may enter into an agreement with or accept a
donation, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for purposes of Chapter 791, Government Code.
Sec. 3819.103. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
To protect the public interest, the district may contract with the
municipality or the county for the municipality or county to
provide law enforcement services in the district for a fee.
Sec. 3819.104. NONPROFIT CORPORATION. (a) The board by
resolution may 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 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, for the same term, and
on the same conditions as the board of directors of a local
government corporation created under Chapter 431, Transportation
Code.
(c) The nonprofit corporation:
(1) has all the 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.
Sec. 3819.105. ANNEXATION. In addition to the authority to
annex territory under Subchapter C, Chapter 375, Local Government
Code, the district has the authority to annex territory located in a
reinvestment zone created by the municipality under Chapter 311,
Tax Code, if the governing body of the municipality consents to the
annexation.
Sec. 3819.106. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, does not apply to a district contract for $25,000
or less.
[Sections 3819.107-3819.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3819.151. ASSESSMENTS; LIENS FOR ASSESSMENTS.
(a) The board by resolution may impose and collect an assessment
for any purpose authorized by this chapter only if two-thirds of the
directors vote in favor of imposing the assessment.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, 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 charge against
the owners of the property even if the owners are not named in the
assessment proceeding.
(c) 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. 3819.152. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or an
improvement project under this chapter unless a written petition
requesting that service or improvement is filed with the board.
(b) The petition must be signed by the owners of a majority
of the assessed value of real property in the district according to
the most recent certified tax appraisal roll for the county.
Sec. 3819.153. ELECTIONS REGARDING TAXES OR BONDS. (a) In
addition to the elections required under Subchapter L, Chapter 375,
Local Government Code, the district must hold an election in the
manner provided by that subchapter to obtain voter approval before
the district may:
(1) impose a maintenance tax; or
(2) issue a bond payable from ad valorem taxes or
assessments.
(b) The board may submit multiple purposes in a single
proposition at an election.
Sec. 3819.154. MAINTENANCE TAX. (a) The district may
impose an annual ad valorem tax on taxable property in the district
to maintain and operate the district and the improvements
constructed or acquired by the district or to provide a service only
if:
(1) two-thirds of the directors vote in favor of
imposing the tax; and
(2) the tax is authorized at an election held in
accordance with Section 3819.153.
(b) The board shall determine the tax rate.
Sec. 3819.155. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an assessment or impact
fee on a utility's property.
Sec. 3819.156. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS.
(a) Except as provided by Subsection (b), the district must obtain
the approval of the municipality's governing body:
(1) for the issuance of a bond for an improvement
project;
(2) of the plans and specifications of an improvement
project financed by the bond; and
(3) of the plans and specifications of a district
improvement project related to the use of land owned by the
municipality, an easement granted by the municipality, or a
right-of-way of a street, road, or highway.
(b) If the district obtains the approval of the
municipality'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 from the municipality.
Sec. 3819.157. MUNICIPALITY NOT OBLIGATED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, a municipality is not obligated to pay a bond,
note, or other obligation of the district.
Sec. 3819.158. 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.
[Sections 3819.159-3819.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3819.201. 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 limited purpose
of discharging its debts. The dissolution is effective when all
debts have been discharged.
SECTION 2. The Pflugerville Municipal Management District
No. 1 includes all the territory contained in the following
described area:
TRACT 1:
FIELD NOTES describing 256.63 acres of land, being portions of the
John Davis Survey No. 13, Abstract No. 231 and the Sefrin Eiselin
Survey No. 4, Abstract No. 265, situated in Travis County, Texas,
and being a portion of that certain 535 acre tract of land conveyed
to Timmerman & Hagn, Ltd. by deed recorded in Volume 8394, Page 544
of the Deed Records of Travis County, Texas and a portion of that
certain 158.22 acre tract of land conveyed to Timmerman & Hagn, Ltd.
by deed recorded in Volume 8394, Page 544 of said Deed Records, and
being more particularly described by metes and bounds as follows;
BEGINNING at a point being the intersection of the east
right-of-way line of F.M. 685 and the south right-of-way line of
Pfluger Lane, for the northwest corner and POINT OF BEGINNING of the
hereinafter described 256.63 acre tract;
THENCE along said south right-of-way line, being the north line of
said 535 acre tract, S58°55'07"E, 2648.71 feet to a point in the
Pflugerville one-half (1/2) mile ETJ line, for the northeast corner
hereof;
THENCE departing said south right-of-way line, along said
Pflugerville one-half (1/2) mile ETJ line, for the east line
hereof, the following three (3) courses:
1.) S26°26'00"W, 2617.63 feet to a Point of Curvature hereof;
2.) along the arc of a curve to the right having elements of delta=
2°44'00", radius= 8419.58 feet, arc=401.66 feet, tangent= 200.87
feet, chord and chord bearings= 401.62 feet, S27°48'00"W to a Point
of Tangency hereof;
3.) S29°10'00"W, 1180.12 feet to a point in the north line of that
certain 71.67 acre tract of land conveyed to Lanier C. Bohls, et al,
by deed recorded in Volume 3951, Page 2106 of said Deed Records,
being the south line of said 158.22 acre tract, for the southeast
corner hereof;
THENCE along the north line of said 71.67 acre tract and the north
line of that certain 95.39 acre tract of land conveyed to Lillian
Thornton, et al, by deed recorded in Volume 4829, Page 737 of said
Deed Records, being the south line of said 158.22 acre tract, for
the south line hereof, N64°04'00"W, 2046.53 feet to a point in the
east right-of-way line of Gregg Lane, for the most southerly
southwest corner hereof;
THENCE, along east and north lines of said Gregg Lane, for west and
south lines hereof, the following three (3) courses:
1.) N19°30'00"E, 150.00 feet to an angle point hereof;
2.) N14°50'00"W, 393.33 feet to an angle point hereof;
3.) N58°15'00"W, 298.61 feet to a point in the east right-of-way
line of F.M. 685, for the most westerly southwest corner hereof;
THENCE along said east right-of-way line of F.M. 685, along a line
being 2640 feet west of and parallel to the east line herein
described, for the west line hereof, the following three (3)
courses:
1.) N29°10'00"E, 851.28 feet to a Point of Curvature hereof;
2.) along the arc of a curve to the left having elements of delta=
2°44'00", radius= 5779.58 feet, arc= 275.72 feet, tangent= 137.89
feet, chord and chord bearing= 275.69 feet, N27°48'00"E to a Point
of Tangency hereof;
3.) N26°26'00"E, 2832.27 feet to the POINT OF BEGINNING of the
herein described tract, containing 256.63 acres of land.
TRACT 2:
755.22 acres of land, being portions of the E. Kirkland Survey No.
7, Abstract No. 458; the Sefrin Eiselin Survey No. 4, Abstract No.
265; the J.P. Sherwood Survey and the Taylor S. Barnes Survey No.
46, Abstract No. 267, situated in Travis County, Texas, said 755.22
acres being more particularly described by metes and bounds as
Parcel "A" and Parcel "B", as follows:
Parcel "A"
BEING 458.89 acres of land, being portions of the E. Kirkland Survey
No. 7, Abstract No. 458; the Sefrin Eiselin Survey No. 4, Abstract
No. 265; the J.P. Sherwood Survey and the Taylor S. Barnes Survey
No. 46, Abstract No. 267, and being comprised and consisting of the
following five (5) tracts of land:
(1) all of that certain 50 acre tract conveyed to Timmerman & Hagn,
Ltd. by deed recorded in Volume 8394, Page 544 of the Deed Records
of Travis County, Texas;
(2) all of that certain 74.46 acre tract conveyed to Theo
Timmerman, et al, by deed recorded in Volume 2546, Page 393 of said
Deed Records;
(3) all of that certain 101.72 acre tract, being a portion of that
certain 296.72 acre tract conveyed to Timmerman & Hagn, Ltd. by deed
recorded in Volume 8394, Page 544 of said Deed Records;
(4) a portion of those two (2) certain 97.5 acre tracts, being a
portion of that certain 296.72 acre tract conveyed to Timmerman &
Hagn, Ltd. by deed recorded in Volume 8394, Page 544 of said Deed
Records;
(5) a portion of that certain 97.5 acre tract conveyed to Theodor
R. Timmerman by deed recorded in Volume 2470, Page 572 of said Deed
Records;
said 458.89 acres of land being more particularly described by
metes and bounds as follows:
BEGINNING at a point in the north right-of-way line of Pflugerville
Road, being the southeast corner of that certain 71.67 acre tract of
land conveyed to Lanier C. Bohls, et al, being the southwest corner
of said 50 acre tract, for the southwest corner and POINT OF
BEGINNING of the hereinafter described 458.89 acre Parcel "A";
THENCE along the east line of said 71.67 acre tract, being the west
line of said 50 acre tract, for the west line hereof, N23°40'00"E,
3628.06 feet to a point in the south line of that certain 158.22
acre tract conveyed to Timmerman & Hagn, Ltd. by deed recorded in
Volume 8394, Page 544 of said Deed Records, being the northeast
corner of said 71.67 acre tract and the northwest corner of said 50
acre tract, for the northwest corner hereof;
THENCE along the south line of said 158.22 acre tract, being the
north line of said 50 acre, said 74.46 acre and said 101.72 acre
tracts, for the north line hereof, S64°04'00"E, at a distance of
2818.61 feet pass the northeast corner of said 101.72 acre tract,
being the southeast corner of said 158.22 acre tract, and continue
across said three (3) 97.5 acre tracts, in all a total distance of
5386.16 feet to a point in the west line of that certain 70.31 acre
tract of land conveyed to Pflugerville 146 Joint Venture by deed
recorded in Volume 8795, Page 25 of said Deed Records, being the
east line of said 97.5 acre tract conveyed by said Volume 2470, Page
572, for the northeast corner hereof;
THENCE along the west line of said 70.31 acre tract, being an east
line of said 97.5 acre tract, for an east line hereof, S28°50'00"W,
1005.25 feet to a point in the north line of that certain 96.90 acre
tract of land conveyed to Edgar W. Smith by deed recorded in Volume
3708, Page 1363 of said Deed Records, being the southwest corner of
said 70.31 acre tract, also being an ell corner in the east line of
said 97.5 acre tract, for an ell corner hereof;
THENCE along the north line of said 96.90 acre tract, N61°05'00"W,
108.89 feet to a point being the northwest corner of said 96.90 acre
tract, also being an ell corner in the east line of said 97.5 acre
tract, for an ell corner hereof;
THENCE along the west line of said 96.90 acre tract, being an east
line of said 97.5 acre tract, for an east line hereof, S28°50'00"W,
3107.61 feet to a point in the centerline of said Pflugerville Road,
being the southeast corner of said 97.5 acre tract, for the
southeast corner hereof;
THENCE along said centerline, for a south line hereof, the
following four (4) courses:
(1) N66°00'00"W, 798.44 feet to an angle point hereof;
(2) N65°50'00"W, 490.83 feet to an angle point hereof;
(3) N53°05'00"W, 587.50 feet to an angle point hereof;
(4) N51°05'00"W, 600.00 feet to the southwest corner of a 97.5 acre
tract, for an angle point hereof;
THENCE along the west line of said 97.5 acre tract, N28°51'37"E,
15.52 feet to a point in the north right-of-way line of said
Pflugerville Road, being the southeast corner of said 101.72 acre
tract, for an angle point hereof;
THENCE along said north right-of-way line of Pflugerville Road, for
the south line hereof, the following three (3) courses:
(1) N51°26'00"W, 451.39 feet to an angle point hereof;
(6) N58°15'00"W, 911.11 feet to an angle point hereof;
(7) N60°45'00"W, 1131.67 feet to the POINT OF BEGINNING of the
herein described Parcel "A", containing 458.89 acres of land.
Parcel "B"
BEING 296.33 acres of land, being portions of the Sefrin Eiselin
Survey No. 4, Abstract No. 265 and the Taylor S. Barnes Survey No.
46, Abstract No. 267, and being comprised and consisting of the
following three (3) tracts of land:
(1) all of that certain 165.15 acre tract conveyed to Theo
Timmerman and Leah J. Hagn by deed recorded in Volume 9409, Page 144
of the Deed Records of Travis County, Texas;
(2) all of that certain 0.35 acre tract described in deed recorded
in Volume 9409, Page 144 of the Deed Records;
(3) all of that certain 130.81 acre tract conveyed to Theodor R.
Timmerman by deed recorded in Volume 857, Page 331 of said deed
records;
said 296.33 acres of land being more particularly described by
metes and bounds as follows:
BEGINNING FOR REFERENCE at a point in the north right-of-way line of
Pflugerville Road, being the southeast corner of that certain 71.67
acre tract of land conveyed to Lanier C. Bohls, et al, by deed
recorded in Volume 3951, Page 2106 of said Deed Records, being the
southwest corner of said 50 acre tract; thence along said north
right-of-way line, S60°45'00"E, 439.76 feet to a point; thence
crossing said right-of-way, S28°49'23"W, 61.37 feet to a point in
the south right-of-way line of said Pflugerville Road, being at or
near the northeast corner of that certain 17.316 acre tract of land
conveyed to Richard L. Matz, Trustee, by deed recorded in Volume
8911, Page 270 of said Deed Records, being the northwest corner of
said 130.81 acre tract, for the northwest corner and POINT OF
BEGINNING of the hereinafter described 296.33 acre Parcel "B";
THENCE along said south right-of-way line of Pflugerville Road, for
the north line hereof, the following nine (9) courses:
(1) S61°01'36"E, 753.89 feet to an angle point hereof;
(2) S58°48'36"E, 777.66 feet to a point in the west line of said
165.15 acre tract, being the northeast corner of said 1308.81 acre
tract, for an angle point hereof;
(3) along the west line of said 165.15 acre tract, N29°02'03"E,
2.19 feet to a point being the northwest corner of said 165.15 acre
tract, for a Point of Curvature hereof;
(4) along the arc of a curve to the right having elements of delta=
6°19'31", radius= 906.91 feet, arc= 100.12 feet, tangent= 50.11
feet, chord and chord bearing= 100.07 feet, S54°33'58"E to a Point
of Tangency hereof;
(5) S51°24'12"E, 1006.88 feet to a Point of Curvature hereof;
(6) along the arc of a curve to the left having elements of delta=
2°11'45", radius= 2895.88 feet, arc= 110.98 feet, tangent= 55.50
feet, chord and chord bearing= 110.98 feet, S52°30'05"E to a Point
of Tangency hereof;
(7) S53°35'57"E, 426.26 feet to a Point of Curvature hereof;
(8) along the arc of a curve to the left having elements of delta=
12°37'37", radius= 603.00 feet, arc= 132.89 feet, tangent= 66.72
feet, chord and chord bearing= 132.62 feet, S59°54'46"E to a Point
of Tangency hereof;
(9) S66°13'34"E, 519.14 feet to a point being the northwest corner
of that certain 75.29 acre tract of land conveyed to E.T. Timmerman
and E.T. Timmerman, Trustee, by deed recorded in Volume 9409, Page
144 of said Deed Records, being the northeast corner of said 165.15
acre tract, for the northeast corner hereof;
THENCE along the east line of said 75.29 acre tract, being the west
line of said 165.15 acre and said 0.35 acre tracts, for the east
line hereof, S29°30'13"W, at a distance of 3491.42 feet pass the
southeast corner of said 165.15 acre tract, being the southwest
corner of said 75.29 acre tract, and continue in all a total
distance of 3511.42 feet to a point in the north line of that
certain 157.69 acre tract conveyed to Thomas A. Goebel by deed
recorded in Volume 9818, Page 540 of said Deed Records, being the
southeast corner of said 0.35 acre tract and the southwest corner of
that certain 2.21 acre remainder of that certain 2.56 acre tract of
land conveyed to the City of Pflugerville by deed recorded in Volume
9236, Page 954 of said Deed Records, for the southeast corner
hereof;
THENCE along the north line of said 157.69 acre tract, being the
south line of said 0.35 acre tract, for a south line hereof, the
following two (2) courses:
(1) N60°55'16"W, 732.21 feet to an angle point hereof;
(2) N61°13'57"W, 32.78 feet to a point being the southeast corner
of that certain 19.00 acre tract of land conveyed to the City of
Pflugerville by deed recorded in Volume 9236, Page 954 of said Deed
Records, being the southwest corner of said 0.35 acre tract, for an
ell corner hereof;
THENCE along the east line of said 19.00 acre tract, being a west
line of said 0.35 acre and said 165.15 acre tracts, for an interior
line hereof, N29°00'13"E, at a distance of 20.00 feet pass the
northwest corner of said 0.35 acre tract, being a lower southwest
corner of said 165.15 acre tract, and continue in all a total
distance of 558.04 feet to a point being the northeast corner of
said 19.00 acre tract and an ell corner of said 165.15 acre tract,
for an ell corner hereof;
THENCE along the north line of said 19.00 acre tract, being a south
line of said 165.15 acre tract, for a south line hereof,
N60°59'47"W, 1476.23 feet to a point in the east line of said 130.81
acre tract, being the northwest corner of said 19.00 acre tract,
also being the southwest corner of said 165.15 acre tract, for an
ell corner hereof;
THENCE along the west line of said 19.00 acre tract, being an east
line of said 130.81 acre tract, for an interior line hereof,
S28°55'24"W, 560.00 feet to a point in the north line of that certain
238.00 acre tract of land conveyed to Carl Lisso by deed recorded in
Volume 588, Page 550 of said Deed Records, being the southwest
corner of said 19.00 acre tract and the southeast corner of said
130.81 acre tract, for an ell corner hereof;
THENCE along the north line of said 238.00 acre tract, being the
south line of said 130.81 acre tract, for a south line hereof, the
following four (4) courses:
(1) N57°22'36"W, 265.83 feet to an angle point hereof;
(2) N62°24'36"W, 386.94 feet to an angle point hereof;
(3) S28°58"24"W, 10.00 feet to an angle point hereof;
(4) N61°01'36"W, 870.28 feet to a point being an angle point in the
north line of said 238.00 acre tract, also being the southwest
corner of said 130.81 acre tract, for the southwest corner hereof;
THENCE along an east line of said 238.00 acre tract; the east line
of Gatlinburg-Section 5; the east line of Gatlinburg-Section Four,
as shown on a Plat of Record in Volume 83, Pages 131C-131D of the
Plat Records of Travis County, Texas; the east line of that certain
10.07 acre tract of land conveyed to the City of Pflugerville by
deed recorded in Volume 5674, Page 9 of said Deed Records; and the
east line of said 17.316 acre tract, being the west line of said
130.81 acre tract, for the west line hereof, N28°49'23"E, 3748.21
feet to the Point of Beginning of the herein described Parcel "B",
containing 296.33 acres of land.
TRACT 3:
699.38 acres of land, being portions of the George M. Martin Survey
No. 9, Abstract No. 529; the E. Kirkland Survey No. 7, Abstract No.
458; the Sefrin Eiselin Survey No. 4, Abstract No. 265; and the John
Davis Survey No. 13, Abstract No. 231, situated in Travis County,
Texas, said 699.38 acres being more particularly described by metes
and bounds as Parcel "A" and Parcel "B" as follows:
Parcel "A"
BEING 501.52 acres of land, being portions of the George M. Martin
Survey No. 9, Abstract No. 529; the E. Kirkland Survey No. 7,
Abstract No. 458; the Sefrin Eiselin Survey No. 4, Abstract No. 265;
and the John Davis Survey No. 13, Abstract No. 231, and being
comprised and consisting of the following four (4) tracts of land:
(1) a portion of that certain 535 acre tract conveyed to Timmerman &
Hagn, Ltd. by deed recorded in Volume 8394, Page 544 of the Deed
Records of Travis County, Texas;
(2) a portion of that certain 158.22 acre tract conveyed to
Timmerman & Hagn, Ltd. by deed recorded in Volume 8394, Page 544 of
said Deed Records;
(3) a portion of those two (2) certain 97.5 acre tracts, being a
portion of that certain 296.72 acre tract conveyed to Timmerman &
Hagn, Ltd. by deed recorded in Volume 8394, Page 544 of said Deed
Records;
(4) a portion of that certain 97.5 acre tract conveyed to Theodor
R. Timmerman by deed recorded in Volume 2470, Page 572 of said Deed
Records;
said 501.52 acres of land being more particularly described by
metes and bounds as follows;
BEGINNING FOR REFERENCE at a point being the intersection of the
east right-of-way line of F.M. 685 and the south right-of-way line
of Pfluger Lane; thence along said south right-of-way line, being
the north line of said 535 acre tract, S58°55'07"E, 2648.71 feet to a
point for the northwest corner and POINT OF BEGINNING of the
hereinafter described 501.52 acre Parcel "A";
THENCE continuing along said south right-of-way line, being the
north line of said 535 acre tract, for the north line hereof,
S58°55'07"E, 5616.61 feet to a point being at or near the northwest
corner of that certain 58.06 acre tract of land conveyed to
Remington Savings Association by deed recorded in Volume 9680, Page
744 of said Deed Records, being the northeast corner of said 535
acre tract, for the northeast corner hereof;
THENCE along the east line of said 535 acre tract, being the west
line of said 58.06 acre tract; the west line of that certain 7.00
acre tract and that certain 11.00 acre tract conveyed to Remington
Savings Association by deed recorded in Volume 9680, Page 744 of
said Deed Records; and the west line of that certain 70.31 acre
tract of land conveyed to Pflugerville 146 Joint Venture, for the
west line hereof, S28°50'00"W, at a distance of 2775.97 feet pass
the southeast corner of said 535 acre tract, being the northeast
corner of said 97.5 acre tract conveyed by said Volume 2470, Page
572, and continue in all a total distance of 3697.94 feet to a point
for the southeast corner hereof;
THENCE crossing said three (3) 97.5 acre tracts, for the south line
hereof, N64°04'00"W, at a distance of 2567.55 feet pass the
northeast corner of that certain 101.72 acre portion of that
certain 296.72 acre tract conveyed to Timmerman & Hagn, Ltd. by deed
recorded in Volume 8394, Page 544 of said Deed Records, being the
southeast corner of said 158.22 acre tract, and continue in all a
total distance of 5509.35 feet to a point in the Pflugerville
one-half (1/2) mile ETJ line, being the north line of that certain
71.67 acre tract of land conveyed to Lanier C. Bohls, et al, by deed
recorded in Volume 3951, Page 2106 of said Deed Records, for the
southwest corner hereof;
THENCE along said Pflugerville one-half (1/2) mile ETJ line, for
the west line hereof, the following three (3) courses:
(1) N29°10'00"E, 1180.12 feet to a Point of Curvature hereof;
(2) along the arc of a curve to the left having elements of delta=
2°44'00", radius= 8419.58 feet, arc= 401.66 feet, tangent= 200.87
feet, chord and chord bearing= 401.62 feet, N27°48'00"E, to the
Point of Tangency hereof;
(3) N26°26'00"E, 2617.63 feet to the POINT OF BEGINNING of the
herein described Parcel "A", containing 501.52 acres of land.
Parcel "B"
BEING 197.86 acres of land, and being a portion of the John Davis
Survey No. 13, Abstract No. 231, and being all of that certain
197.27 acre tract of land conveyed to Timmerman & Hagn, Ltd., by
deed recorded in Volume 8394, Page 542 of the Deed Records of Travis
County, Texas, and being more particularly described by metes and
bounds as follows;
BEGINNING FOR REFERENCE at a point being the intersection of the
east right-of-way line of F.M. 685 and the south right-of-way line
of Pfluger Lane; thence along said south right-of-way line, being
the north line of said 235 acre tract, S58°55'07"E, 4821.00 feet to a
point; thence crossing said right-of-way, N31°04'53"E, 60.00 feet
to a point being in the north right-of-way line of said Pfluger
Lane, being the southeast corner of that certain 193.85 acre tract
of land conveyed to Willard Pfluger, et ux, by deed recorded in
Volume 8317, Page 474 of said Deed Records, being the southwest
corner of said 197.27 acre tract, for the southwest corner and POINT
OF BEGINNING of the hereinafter described 197.86 acre Parcel "B";
THENCE departing said north right-of-way line of Pfluger Lane,
along the division line between said 193.85 acre tract and said
197.27 acre tract, for the west line hereof, N29°14'53"E, 3293.00
feet to a point in a lower north line of said 193.85 acre tract,
being the south line of that certain 50.795 acre tract of land
conveyed to Duane Kiihne, et ux, by deed recorded in Volume 8066,
Page 826 of said Deed Records, being the northwest corner of said
197.27 acre tract, for the northwest corner hereof;
THENCE along the south line of said 50.795 acre tract and the south
line of that certain 123.95 acre tract of land conveyed to Billy W.
Glenn, et ux, by deed recorded in Volume 8555, Page 901 of said Deed
Records, being the north line of said 197.27 acre tract, for the
north line hereof, S60°45'07"E, 2576.40 feet to a point in the west
line of that certain 107.40 acre tract of land conveyed to Lawrence
L. Pfluger, et al, by deed recorded in Volume 4349, Page 62 of said
Deed Records, being the southeast corner of said 123.95 acre tract,
also being the northeast corner of said 197.27 acre tract, for the
northeast corner hereof;
THENCE along the west line of said 107.40 acre tract and the west
line of that certain 50.00 acre tract of land conveyed to E.G.
Priesmeyer by deed recorded in Volume 8658, Page 823 of said Deed
Records, being the east line of said 197.27 acre tract, for the east
line hereof, the following three (3) courses:
(1) S29°14'53"W, 1583.00 feet to an angle point hereof;
(2) S07°14'53"W, 45.00 feet to an angle point hereof;
(3) S29°18'00"W, 1751.23 feet to a point in said north right-of-way
line of Pfluger Lane, being the southwest corner of said 50.00 acre
tract, being the southeast corner of said 197.27 acre tract, for the
southeast corner hereof;
THENCE along said north right-of-way line, being the south line of
said 197.27 acre tract, for the south line hereof, N58°55'07"W,
2593.00 feet to the POINT OF BEGINNING of the herein described
Parcel "B", containing 197.86 acres of land.
SECTION 3. 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 4. 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.