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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of Austin Desired Development Zone |
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District No. 4; providing authority to levy an assessment, impose |
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taxes, and issue bonds; and granting a limited power of eminent |
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domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 38__ to read as follows: |
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CHAPTER 38 . Austin Desired Development Zone District No. 4 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 38.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Austin. |
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(3) "County" means Travis County. |
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(4) "Director" means a board member. |
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(5) "District" means the Austin Desired Development |
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Zone District No. 4. |
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Sec. 38.002. NATURE OF DISTRICT. Austin Desired |
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Development Zone District No. 4 is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 38.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city, the |
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county, and other political subdivisions to contract with the |
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district, the legislature has established a program to accomplish |
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the public purposes set out in Section 52-a, Article III, Texas |
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Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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Sec. 38.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to: |
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(1) further the public purposes of developing and |
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diversifying the economy of the state; |
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(2) eliminate unemployment and underemployment; and |
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(3) develop or expand transportation and commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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and |
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(4) provide for water, wastewater, drainage, road, |
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and recreational facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 38.005. INITIAL DISTRICT TERRITORY. (a) The district |
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is initially composed of the territory described by Section 2 of the |
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Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 |
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of the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative |
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process does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 38.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; or |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code. |
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Sec. 38.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 38.008. LIBERAL CONSTRUCTION OF CHAPTER. This chapter |
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shall be liberally construed in conformity with the findings and |
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purposes stated in this chapter. |
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Sec. 38.009. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect four permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 38.010. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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temporary directors may not hold an election under Section 38.009 |
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until the city has consented by ordinance or resolution to the |
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creation of the district and to the inclusion of land in the |
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district. |
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(b) The city may condition its consent to the creation of |
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the district, to the inclusion of land in the district, and to the |
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exercise or limitation of powers granted to the district under this |
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Chapter by requiring the owner of any land included in the district |
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to negotiate and enter into a written agreement with the City of |
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Austin under this Chapter and Sections 43.0563 and 212.172, Local |
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Government Code. |
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(c) An agreement between a municipality and a landowner |
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entered into prior to the effective date of this chapter and that |
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complies with this section is validated. |
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(d) Section 54.016, Water Code, does not apply to the |
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district or to an agreement under this section. An agreement under |
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this section constitutes the city's consent to the creation of the |
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district under Section 42.042, Local Government Code. |
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[Sections 38.012 - 38.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 38.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of seven directors. Four of the directors are |
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elected. Three of the directors are appointed under Sec. 38.053. |
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(b) Except as provided by Sec. 38.052, directors serve |
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staggered four-year terms, with two elected directors' terms and |
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one or two appointed director's terms expiring on June 1 of each |
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even-numbered year. The term of office for each director first |
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appointed under Sec. 38.053 shall begin on the date the four |
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permanent directors are elected under Section 38.009. |
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Sec. 38.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district as determined by the most recent certified tax appraisal |
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roll for the county may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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temporary directors the four persons named in the petition. The |
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commission shall appoint as temporary directors the four persons |
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named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date four permanent directors are elected |
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under Section 38 .009; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 38.009 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date four permanent directors are elected |
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under Section 38 .009; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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according to the most recent certified tax appraisal roll for the |
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county may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the four |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the four persons named in the |
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petition. |
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Sec. 38.053. APPOINTMENT OF DIRECTOR. (a) The City Council |
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of the city shall appoint one director, and may appoint a second |
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director after notice is provided by the board to the city under |
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Subsection (c). A person is appointed if a majority of the members |
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of the City Council vote to appoint that person. |
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(b) The county Commissioners Court shall appoint one |
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director. A person is appointed if a majority of the members of the |
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Commissioners Court vote to appoint that person. |
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(c) The Texas Commission on Environmental Quality shall |
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appoint one director nominated by the board. The board shall |
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request the name of a qualified director nominee from each person |
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who owns at least 25 percent of the surface area of land in the |
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district, based on the most recent certified tax appraisal roll for |
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the county. The board shall nominate to the Texas Commission on |
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Environmental Quality the qualified director nominee whose name was |
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submitted by the person who owns the largest total surface area of |
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land in the district. If the board has not received the name of a |
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qualified director nominee before the 31st day after the date the |
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board requests the name of a qualified director nominee from every |
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person who owns at least 25 percent of the surface area of land in |
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the district, or if no person owns at least 25 percent of the |
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surface area of land in the district, the board shall notify the |
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city that it may appoint a second director under Subsection (a), and |
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no appointment shall be made under this subsection. |
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Sec. 38.054 QUALIFICATIONS OF DIRECTOR. (a) To be |
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qualified to be elected and serve as an elected director or to be |
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qualified to be appointed and serve as an appointed director under |
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Subsection (c) of Section 38 .053, a person must be at least 18 |
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years old and: |
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(1) a resident of the district; or |
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(2) an owner of property in the district. |
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(b) A director appointed under Section 38.052 or Subsection |
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(a) or (b) of Section 38.053 must be at least 18 years old. |
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(c) A person who qualifies to serve as a director under this |
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section is subject to Section 375.072, Local Government Code. |
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Sec. 38.055. DIRECTOR VACANCY. A vacancy in the office of |
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an elected director shall be filled for the unexpired term by the |
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majority vote of the remaining members of the board. A vacancy in |
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the office of a director appointed under Section 38 .053 shall be |
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filled for the unexpired term by a new director appointed under that |
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section. |
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Sec. 38.056. QUORUM. (a) A majority of the directors |
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constitutes a quorum, and a concurrence of a majority of the |
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directors is required for any official action of the district |
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unless a lesser or greater number of votes is provided by other law. |
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The written consent of at least two-thirds of the directors is |
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required to authorize the levy of assessments, the levy of taxes, |
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the imposition of impact fees, or the issuance of bonds. |
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(b) For purposes of determining the requirements for a |
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majority of the board under this section, the following are not |
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counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; or |
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(2) a director who is abstaining from participation in |
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a vote because of a conflict of interest. |
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Sec. 38.057. COMPENSATION. A director is entitled to |
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receive fees of office and reimbursement for actual expenses as |
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provided by Section 49.060, Water Code. |
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[Sections 38.058 - 38.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 38.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties provided by: |
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(1) the general laws relating to conservation and |
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reclamation districts created under Section 59, Article XVI, Texas |
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Constitution, including Chapters 49 and 54, Water Code; |
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(2) Section 52, Article III, Texas Constitution, |
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including the power to design, acquire, construct, finance, issue |
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bonds for, improve, operate, maintain, and convey to this state, a |
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county, or a municipality for operation and maintenance |
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macadamized, graveled, or paved roads, or improvements, including |
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storm drainage, in aid of those roads; |
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(3) Subchapter A, Chapter 372, Local Government Code, |
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in the same manner as a municipality or a county; |
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(4) Chapter 375, Local Government Code; |
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(5) Chapter 380, Local Government Code, in the same |
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manner as a municipality; |
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(6) Chapter 394, Local Government Code, to a housing |
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finance corporation created and operating under that chapter, in |
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the same manner as a housing finance corporation; |
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(7) Subchapter C, Chapter 402, Local Government Code, |
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in the same manner as a municipality; and |
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(8) Chapters 501, 502, and 505, Local Government |
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Code, in the same manner as a municipality to which one or more of |
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those chapters applies. |
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Sec. 38.102. AGREEMENTS; GRANTS. (a) The district may make |
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an agreement with or accept a gift, grant, or loan from any person. |
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A service agreement made by the district shall be terminable at will |
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and without penalty upon 30 days notice of termination, unless the |
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district secures the written consent of the City of Austin to |
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modify or exclude those termination provisions, except for service |
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agreements with the following persons or entities: |
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(1) a developer of land within the district, as |
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defined by Section 49.052(d), Water Code; |
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(2) a government agency, entity, or political |
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subdivision; |
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(3) a retail public utility or electric cooperative, |
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concerning water, wastewater, gas, electricity, telecommunication, |
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drainage, or other utility services and facilities; or |
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(4) a provider of services relating to solid waste |
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collection, transfer, processing, reuse, resale, disposal, and |
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management. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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(c) The board may enter into a contract with the board of |
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directors of a tax increment reinvestment zone created under |
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Chapter 311, Tax Code, and the governing body of the municipality or |
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county that created the zone to manage the zone or implement the |
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project plan and reinvestment zone financing plan. |
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Sec. 38.103. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT AND |
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FIRE-FIGHTING SERVICES. (a) To protect the public interest, the |
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district may contract with a qualified party, including the county |
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or the city, for the provision of law enforcement services in the |
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district for a fee. |
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(b) The district may provide fire-fighting services under |
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Section 49.351, Water Code and has the powers and duties of a |
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municipality under Section 775.022, Health & Safety Code. |
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Sec. 38.104. ECONOMIC DEVELOPMENT PROGRAMS. The district |
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may establish and provide for the administration of one or more |
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programs to promote state or local economic development and to |
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stimulate business and commercial activity in the district, |
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including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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Sec. 38.105. STRATEGIC PARTNERSHIP AGREEMENT. The district |
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may negotiate and enter into a written strategic partnership with |
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the City of Austin under Section 43.0751, Local Government Code. A |
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power granted to the district under this Chapter may be restricted |
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or prohibited by the terms and conditions of an agreement between |
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the City of Austin and the district under this section. |
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Sec. 38.106. LIMITED EMINENT DOMAIN. (a) The district may |
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exercise the power of eminent domain under Section 49.222, Water |
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Code. |
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(b) The district may not exercise the power of eminent |
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domain outside the district boundaries to acquire: |
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(1) a site for a water treatment plant, water storage |
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facility, wastewater treatment plant, or wastewater disposal |
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plant; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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Sec. 38.107. ANNEXATION OR EXCLUSION OF LAND BY DISTRICT. |
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(a) The district may annex land as provided by Subchapter J, |
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Chapter 49, Water Code. |
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(b) The district may exclude land as provided by Subchapter |
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J, Chapter 49, Water Code. Section 375.044(b), Local Government |
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Code, does not apply to the district. |
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Sec. 38.108. SUITS. The District shall not be a voluntary |
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party to any suit against the city by a district resident or a |
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person who owns property in the district unless the district has |
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standing to bring the suit. |
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[Sections 38 .109 - 38 .150 reserved for expansion] |
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SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES |
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Sec. 38.151. PUBLIC TRANSIT SYSTEM. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain a public transit system to serve the area |
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within the boundaries of the district. |
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(b) The district may contract with a regional transit |
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authority for the provision of a public transit system and public |
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transit services. |
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Sec. 38.152. PARKING FACILITIES AUTHORIZED; OPERATION BY |
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PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire, lease |
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as lessor or lessee, construct, develop, own, operate, and maintain |
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parking facilities or a system of parking facilities, including: |
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(1) lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets; and |
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(2) equipment, entrances, exits, fencing, and other |
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accessories necessary for safety and convenience in parking |
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vehicles. |
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(b) A parking facility of the district may be leased to, or |
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operated for the district by, an entity other than the district. |
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(c) The district's parking facilities are a program |
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authorized by the legislature under Section 52-a, Article III, |
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Texas Constitution. |
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(d) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(e) The district's public parking facilities and any lease |
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to a private entity are exempt from the payment of ad valorem taxes |
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and state and local sales and use taxes. |
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Sec. 38.153. RULES. The district may adopt rules covering |
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its public transit system or its public parking system. |
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Sec. 38.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR PARKING |
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FACILITIES. (a) The district may use any of its resources, |
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including revenue, assessments, taxes, or grant or contract |
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proceeds, to pay the cost of acquiring or operating a public transit |
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system or public parking facilities. |
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(b) The district may: |
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(1) set, charge, impose, and collect fees, charges, or |
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tolls for the use of the public transit system or the public |
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parking facilities; and |
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(2) issue bonds or notes to finance the cost of these |
|
facilities. |
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[Sections 38.155 - 38.200 reserved for expansion] |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 38.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of the district's money. |
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Sec. 38.202. MONEY USED FOR IMPROVEMENTS OR SERVICES. The |
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district may acquire, construct, finance, operate, or maintain any |
|
improvement or service authorized under this chapter or Chapter |
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375, Local Government Code, using any money available to the |
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district. |
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Sec. 38.203. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
|
service or improvement project with assessments 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 |
|
the owners of a majority of the assessed value of the real property |
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in the district subject to assessment as determined by the most |
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recent certified tax appraisal roll for the county. |
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Sec. 38.204. METHOD OF NOTICE FOR HEARING. The district may |
|
mail the notice required by Section 375.115(c), Local Government |
|
Code, by certified or first class United States mail. The board |
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shall determine the method of notice. |
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Sec. 38.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The |
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board by resolution may impose and collect an assessment for any |
|
purpose authorized by this chapter in all or any part of the |
|
district. |
|
(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: |
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(1) are a first and prior lien against the property |
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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 proceedings. |
|
(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. |
|
(d) The board may make a correction to or deletion from the |
|
assessment roll that does not increase the amount of assessment of |
|
any parcel of land without providing notice and holding a hearing in |
|
the manner required for additional assessments. |
|
Sec. 38.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
|
ASSESSMENTS. The district may not impose an impact fee or |
|
assessment on the property, including the equipment, |
|
rights-of-way, facilities, or improvements, of: |
|
(1) an electric utility or a power generation company |
|
as defined by Section 31.002, Utilities Code; |
|
(2) a gas utility as defined by Section 101.003 or |
|
121.001, Utilities Code; |
|
(3) a telecommunications provider as defined by |
|
Section 51.002, Utilities Code; or |
|
(4) a person who provides to the public cable |
|
television or advanced telecommunications services. |
|
Sec. 38.207. RESIDENTIAL PROPERTY. Section 375.161, Local |
|
Government Code, does not apply to the district. |
|
Sec. 38.208. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held in accordance with Section 38.212, |
|
the district may impose an operation and maintenance tax on taxable |
|
property in the district in accordance with Section 49.107, Water |
|
Code, 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. The rate may not |
|
exceed the rate approved at the election. |
|
Sec. 38.209. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district |
|
voters voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
Sec. 38.210. AUTHORITY TO ISSUE BONDS. (a) The district |
|
may issue by competitive bid bonds, notes, 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 district |
|
purpose. |
|
(b) The limitation on the outstanding principal amount of |
|
bonds, notes, and other obligations set forth in Section 49.4645, |
|
Water Code, does not apply to the district. |
|
Sec. 38.211. CITY APPROVAL OF DISTRICT BONDS. (a) No later |
|
than 30 days before the first publication of notice of sale of a |
|
district bond, the district shall provide to the city a copy of the |
|
district's application to the Texas Commission on Environmental |
|
Quality for approval of the bond sale, a copy of the staff |
|
memorandum from the Texas Commission on Environmental Quality |
|
approving the projects and the bonds, the proposed bond resolution, |
|
the preliminary official statement for the bond sale, the bid form, |
|
and the notice of sale, as applicable. |
|
(b) The city may refuse to approve a bond sale only if the |
|
city determines that issuance of the bonds would cause the district |
|
to be substantially out of compliance with a material provision of a |
|
written agreement with the city under Section 38 .010, Section |
|
38 .105, or any other written agreement with the city pertaining to |
|
the district's creation or operation. |
|
(c) The city shall notify the district of its refusal to |
|
approve a bond sale under Subsection(b) no later than the 15th day |
|
after its receipt of the information provided under Subsection (a), |
|
or the bond sale shall be deemed to be approved by the City. |
|
(d) The district shall not issue or sell a bond that the |
|
city has refused to approve under this section. |
|
Sec. 38.212. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct annual ad valorem tax, without limit as to rate or amount, |
|
for each year while all or part of the bonds are outstanding as |
|
required and in the manner provided by Sections 54.601 and 54.602, |
|
Water Code. |
|
Sec. 38.213. ELECTIONS REGARDING TAXES AND BONDS. (a) The |
|
district may issue, without an election, bonds, notes, and other |
|
obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section 38.209. |
|
(b) 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 an ad valorem tax |
|
or sales and use tax or issues bonds payable from ad valorem taxes. |
|
(c) Section 375.243, Local Government Code, does not apply |
|
to the district. |
|
(d) All or any part of any facilities or improvements which |
|
may be acquired by a district by the issuance of its bonds may be |
|
included in one single proposition to be voted on at the election or |
|
the bonds may be submitted in several propositions. |
|
Sec. 38.214. CITY NOT REQUIRED TO PAY DISTRICT OBLIGATIONS. |
|
Except as provided by Section 375.263, Local Government Code, the |
|
city is not required to pay a bond, note, or other obligation of the |
|
district. |
|
Sec. 38.215. COMPETITIVE BIDDING. Subchapter I, Chapter 49, |
|
Water Code, applies to the district. Subchapter K, Chapter 375, |
|
Local Government Code, does not apply to the district if the |
|
district complies with the requirements of Section 375.222, Local |
|
Government Code, as it existed on January 1, 2009. |
|
Sec. 38.216. TAX AND ASSESSMENT ABATEMENTS. The district |
|
may grant in the manner authorized by Chapter 312, Tax Code, an |
|
abatement for a tax or assessment owed to the district. |
|
Sec. 38.217. TAX INCREMENT FINANCING POWERS. (a) The |
|
district may designate all or any part of the district as a tax |
|
increment reinvestment zone, and the district may use tax increment |
|
financing under Chapter 311, Tax Code, in the manner provided by |
|
that chapter for a municipality, except as modified by this |
|
section. |
|
(b) The district has all powers provided under Chapter 311, |
|
Tax Code. |
|
(c) The district and an overlapping taxing unit may enter |
|
into an interlocal agreement for the payment of all or a portion of |
|
the tax increment of the unit to the district. |
|
(d) For the purpose of tax increment financing under this |
|
section, the board functions as the board of directors of the |
|
reinvestment zone. Section 311.009, Tax Code, does not apply to the |
|
district. |
|
[Sections 38.218 - 38.300 reserved for expansion] |
|
SUBCHAPTER F. SALES AND USE TAX |
|
Sec. 38.301. MEANINGS OF WORDS AND PHRASES. Words and |
|
phrases used in this subchapter that are defined by Chapters 151 |
|
and 321, Tax Code, have the meanings assigned by Chapters 151 and |
|
321, Tax Code. |
|
Sec. 38.302. APPLICABILITY OF CERTAIN TAX CODE PROVISIONS. |
|
(a) Except as otherwise provided by this subchapter, Subtitles A |
|
and B, Title 2, Tax Code, and Chapter 151, Tax Code, apply to taxes |
|
imposed under this subchapter and to the administration and |
|
enforcement of those taxes in the same manner that those laws apply |
|
to state taxes. |
|
(b) Chapter 321, Tax Code, relating to municipal sales and |
|
use taxes, applies to the application, collection, charge, and |
|
administration of a sales and use tax imposed under this subchapter |
|
to the extent consistent with this chapter, as if references in |
|
Chapter 321, Tax Code, to a municipality referred to the district |
|
and references to a governing body referred to the board. |
|
(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404, |
|
321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not |
|
apply to a tax imposed under this subchapter. |
|
Sec. 38.303. AUTHORIZATION; ELECTION. (a) The district |
|
may adopt a sales and use tax to serve the purposes of the district |
|
after an election in which a majority of the voters of the district |
|
voting in the election authorize the adoption of the tax. |
|
(b) The board by order may call an election to authorize a |
|
sales and use tax. The election may be held with any other district |
|
election. |
|
(c) The district shall provide notice of the election and |
|
shall hold the election in the manner prescribed by Section 38.212. |
|
(d) The ballots shall be printed to provide for voting for |
|
or against the proposition: "Authorization of a sales and use tax |
|
in Austin Desired Development Zone Management District No. 4 at a |
|
rate not to exceed [ ] percent." |
|
Sec. 38.304. ABOLISHING SALES AND USE TAX. (a) Except as |
|
provided in Subsection (b), the board may abolish the sales and use |
|
tax without an election. |
|
(b) The board may not abolish the sales and use tax if the |
|
district has outstanding debt secured by the tax. |
|
(c) Notwithstanding subsection (b), a sales and use tax |
|
adopted under this subchapter is automatically abolished on the |
|
effective date of full-purpose annexation by the city of the |
|
district. |
|
Sec. 38.305. SALES AND USE TAX RATE. (a) On adoption of the |
|
tax authorized by this subchapter, there is imposed a tax on the |
|
receipts from the sale at retail of taxable items within the |
|
district, and an excise tax on the use, storage, or other |
|
consumption within the district of taxable items purchased, |
|
leased, or rented from a retailer within the district during the |
|
period that the tax is in effect. |
|
(b) The board shall determine the rate of the tax, which may |
|
be in one-eighth of one percent increments not to exceed the |
|
maximum rate authorized by the district voters at the election. The |
|
board may lower the tax rate to the extent it does not impair any |
|
outstanding debt or obligations payable from the tax. |
|
(c) The rate of the excise tax is the same as the rate of the |
|
sales tax portion of the tax and is applied to the sales price of |
|
the taxable item. |
|
[Sections 38 .306 - 38 .350 reserved for expansion] |
|
SUBCHAPTER G. HOTEL OCCUPANCY TAXES |
|
Sec. 38.351. HOTEL OCCUPANCY TAX. (a) In this section, |
|
"hotel" has the meaning assigned by Section 156.001, Tax Code. |
|
(b) For purposes of this section, a reference in Chapter |
|
351, Tax Code, to a municipality is a reference to the district and |
|
a reference in Chapter 351, Tax Code, to the municipality's |
|
officers or governing body is a reference to the board. |
|
(c) Except as inconsistent with this section, Subchapter A, |
|
Chapter 351, Tax Code, governs a hotel occupancy tax authorized by |
|
this section. |
|
(d) The district may impose a hotel occupancy tax and may |
|
use revenue from the tax for any district purpose that is also an |
|
authorized use of hotel occupancy tax revenue under Chapter 351, |
|
Tax Code. |
|
(e) The board by order may impose, repeal, increase, or |
|
decrease the rate of a tax on a person who, under a lease, |
|
concession, permit, right of access, license, contract, or |
|
agreement, pays for the use or possession or for the right to the |
|
use or possession of a room that: |
|
(1) is in a hotel located in the district's boundaries; |
|
(2) costs $2 or more each day; and |
|
(3) is ordinarily used for sleeping. |
|
(f) The amount of the tax may not exceed seven percent of |
|
the price paid for a room in a hotel. |
|
(g) The district may examine and receive information |
|
related to the imposition of hotel occupancy taxes to the same |
|
extent as if the district were a municipality. |
|
(h) A hotel occupancy tax imposed under this subchapter is |
|
automatically abolished on the effective date of full-purpose |
|
annexation by the city of the district. |
|
[Sections 38.352-38.400 reserved for expansion] |
|
SUBCHAPTER H. DISSOLUTION |
|
Sec. 38.401 DISSOLUTION. (a) The district may not be |
|
dissolved under Subchapter M, Chapter 375, Local Government Code, |
|
or any other law that authorizes dissolution of the district until |
|
and unless all of the district's outstanding indebtedness and |
|
contractual obligations payable from ad valorem taxes, sales and |
|
use taxes, assessments, or other revenue sources are paid in full |
|
or payment is fully provided for. |
|
(b) If the conditions of subsection (a) are satisfied, the |
|
district may be dissolved by the affirmative vote of at least five |
|
of the directors of the board. If the conditions of subsection (a) |
|
are satisfied after the district has been annexed into the city for |
|
full purposes, the city may dissolve the district by the majority |
|
vote of its governing body. |
|
(c) Dissolution of the district shall be in accordance with |
|
the terms and conditions of this section and of the agreement |
|
between the landowner and the city under Section 38.010. |
|
(d) Sections 43.075 and 43.0715, Local Government Code, do |
|
not apply to the district. |
|
SECTION 2. Austin Desired Development Zone District No. 4 |
|
includes all territory contained in the following area: |
|
A DESCRIPTION OF 475.490 ACRES IN THE SANTIAGO DEL VALLE |
|
GRANT IN TRAVIS COUNTY, TEXAS, BEING ALL OF A 73.453 ACRE TRACT |
|
DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., |
|
DATED NOVEMBER 28, 2006 AND RECORDED IN DOCUMENT NO. 2006229773 OF |
|
THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A 31.022 |
|
ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION |
|
INC., DATED DECEMBER 16, 2006 AND RECORDED IN DOCUMENT NO. |
|
2006245700 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, |
|
ALL OF A 29.293 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO |
|
JONA ACQUISITION INC., DATED NOVEMBER 21, 2006 AND RECORDED IN |
|
DOCUMENT NO. 2006225633 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS |
|
COUNTY, TEXAS, ALL OF A 77.22 ACRE TRACT DESCRIBED IN A SPECIAL |
|
WARRANTY DEED TO WILLIAM D. WENDE, FRED J. WENDE, AND PRICE T. |
|
WENDE, DATED FEBRUARY 28, 1994 AND RECORDED IN VOLUME 12171, PAGE |
|
455 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A |
|
58 ACRE TRACT DESCRIBED IN A WARRANTY DEED TO FRED J. WENDE DATED |
|
DECEMBER 21, 1992 AND RECORDED IN VOLUME 11849, PAGE 396 OF THE REAL |
|
PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A 28.461 ACRE TRACT |
|
DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., |
|
DATED SEPTEMBER 15, 2006 AND RECORDED IN DOCUMENT NO. 2006182621 OF |
|
THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A |
|
55.222 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA |
|
ACQUISITION INC., DATED APRIL 2, 2006 AND RECORDED IN DOCUMENT NO. |
|
2006060712 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, |
|
A PORTION OF A 60.921 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY |
|
DEED TO JONA ACQUISITION INC., DATED DECEMBER 12, 2006 AND RECORDED |
|
IN DOCUMENT NO. 2006239174 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS |
|
COUNTY, TEXAS, A PORTION OF A 232.233 ACRE TRACT DESCRIBED IN A |
|
SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO JONA ACQUISITION INC., |
|
DATED JANUARY 8, 2009 AND RECORDED IN DOCUMENT NO. 2009003190 OF THE |
|
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A |
|
60.921 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA |
|
ACQUISITION INC., DATED DECEMBER 12, 2006 AND RECORDED IN DOCUMENT |
|
NO. 2006239174 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, |
|
TEXAS, A PORTION OF A 51.942 ACRE TRACT DESCRIBED IN A GENERAL |
|
WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER 1, 2006 AND |
|
RECORDED IN DOCUMENT NO. 2006233636 OF THE OFFICIAL PUBLIC RECORDS |
|
OF TRAVIS COUNTY, TEXAS, A PORTION OF A 25.119 ACRE TRACT DESCRIBED |
|
IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED APRIL 2, |
|
2006 AND RECORDED IN DOCUMENT NO. 2006060707 OF THE OFFICIAL PUBLIC |
|
RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 7.602 ACRE TRACT |
|
DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., |
|
DATED APRIL 2, 2006 AND RECORDED IN DOCUMENT NO. 2006060704 OF THE |
|
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A |
|
23.694 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA |
|
ACQUISITION INC., DATED APRIL 2, 2006 AND RECORDED IN DOCUMENT NO. |
|
2006060710 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, |
|
ALL OF A 1.000 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO |
|
JONA ACQUISITION INC., DATED JANUARY 8, 2007 AND RECORDED IN |
|
DOCUMENT NO. 2007005138 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS |
|
COUNTY, TEXAS, A PORTION OF LOT "A" HARRY REININGER SUBDIVISION, A |
|
SUBDIVISION OF RECORD IN VOLUME 65, PAGE 47 OF THE PLAT RECORDS OF |
|
TRAVIS COUNTY TEXAS, CONVEYED TO JOHN HALDENSTEIN & RUTH |
|
HALDENSTEIN IN WARRANTY DEED WITH VENDOR'S LIEN DATED SEPTEMBER 29, |
|
2000 AND RECORDED IN DOCUMENT NO. 2000161977 OF THE OFFICIAL PUBLIC |
|
RECORDS OF TRAVIS COUNTY TEXAS, A PORTION OF A 42.558 ACRE TRACT |
|
DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., |
|
DATED MAY 16, 2008 AND RECORDED IN DOCUMENT NO. 2008083861 OF THE |
|
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A |
|
20.005 ACRE TRACT DESCRIBED IN A WARRANTY DEED WITH VENDOR'S LIEN TO |
|
JOHN T. HALDENSTEIN AND JOSHUA N. HALDENSTEIN, DATED DECEMBER 14, |
|
2000 AND RECORDED IN DOCUMENT NO. 2000203669 OF THE OFFICIAL PUBLIC |
|
RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A 9.662 ACRE TRACT DESCRIBED |
|
IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER |
|
14, 2007 AND RECORDED IN DOCUMENT NO. 2007224638 OF THE OFFICIAL |
|
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF WENDE ROAD, A |
|
PUBLIC ROAD IN TRAVIS COUNTY, TEXAS HAVING A RIGHT-OF-WAY WIDTH OF |
|
40 FEET, AND A PORTION OF SASSMAN ROAD, A PUBLIC ROAD IN TRAVIS |
|
COUNTY, TEXAS HAVING A RIGHT-OF- WAY OF VARIABLE WIDTH; SAID |
|
475.490 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND |
|
BOUNDS AS FOLLOWS: |
|
BEGINNING at a calculated point for a north corner of said |
|
73.453 acre tract, same being in the east right-of-way line of |
|
Thaxton Road, also being the west corner of a 2.76 acre tract |
|
described in a deed of record in Volume 12562, Page 428 of the Real |
|
Property Records of Travis County, Texas, from which a 1/2" rebar |
|
found bears North 61°56'44" West, a distance of 0.44 feet; |
|
THENCE with the north lines of said 73.453 acre tract, same |
|
being the south and east lines of said 2.76 acre tract, the |
|
following two (2) courses and distances: |
|
1. South 61°56'44" East, a distance of 404.65 feet to a 1/2" |
|
rebar found; |
|
2. North 27°52'53" East, a distance of 294.18 feet to a 1/2" |
|
rebar found at a north corner of said 73.453 acre tract, same being |
|
the east corner of said 2.76 acre tract, also being in the southwest |
|
line of a 21 acre tract described in a deed of record in Volume 1945, |
|
Page 416 of the Deed Records of Travis County, Texas; |
|
THENCE South 60°59'42" East, with the northeast line of said |
|
73.453 acre tract, same being the southwest line of said 21 acre |
|
tract, a distance of 2857.05 feet to a 60D nail found for the east |
|
corner of said 73.453 acre tract, same being the south corner of |
|
said 21 acre tract, also being in the northwest line of said 29.293 |
|
acre tract; |
|
THENCE North 27°46'44" East, with the west line of said 29.293 |
|
acre tract, same being the east line of said 21 acre tract a |
|
distance of 1083.71 feet to a 1/2" rebar with "Chaparral Boundary" |
|
cap found for the northwest corner of said 29.293 acre tract, same |
|
being the northeast corner of said 21 acre tract, also being in the |
|
south right-of-way line of Sassman Road (70' right-of-way width); |
|
THENCE with the south right-of-way line of Sassman Road, same |
|
being the north line of said 21 acre tract the following two (2) |
|
courses and distances: |
|
1. North 61°Ol'51" West, a distance of 593.27 feet to a |
|
calculated point; |
|
2. North 60°59'12" West, a distance of 1838.40 feet to a |
|
calculated point in the south right-of-way line of Sassman Road, |
|
same being in the north line of said 21 acre tract; |
|
THENCE North 29°00'48" East, leaving the south right-of-way |
|
line of Sassman Road, same being the north line of said 21 acre |
|
tract, crossing Sassman Road, a distance of 70.00 feet to a 1/2" |
|
rebar with cap set for the southwest corner of said 232.233 acre |
|
tract, same being the east line of a 174.4 acre tract described in a |
|
deed of record in Volume 1549, Page 268 of the Deed Records of |
|
Travis County, Texas; |
|
THENCE North 27°21'05" East, with the east line of said 174.4 |
|
acre tract, same being the west line of said 232.233 acre tract, a |
|
distance of 1153.14 feet to a calculated point in the east line of |
|
said 174.4 acre tract, same being the west line of said 232.233 acre |
|
tract; |
|
THENCE crossing the 232.233 acre tract the following four (4) |
|
courses and distances: |
|
1. Following a curve to the right, having a radius of |
|
1400.01 feet, a delta angle of 10°36'58", an arc length of 259.40 |
|
feet, and a chord which bears South 32°55'40" East, a distance of |
|
259.03 feet to a calculated point; |
|
2. South 27°37'11" East, a distance of 335.09 feet to a |
|
calculated point for a point of curvature to the left; |
|
3. Following said curve to the left, having a radius of |
|
1400.01 feet, a delta angle of 33°44'58", an arc length of 824.66 |
|
feet, and a chord which bears South 44°29'40" East, a distance of |
|
812.79 feet to a calculated point; |
|
4. South 61°48'21" East, a distance of 561.03 feet to a |
|
calculated point in the east line of said 232.233 acre tract, same |
|
being in the west line of a 20.022 acre tract conveyed to Janie Diaz |
|
in Document No. 2006101103 and described in Document No. |
|
2001200503, both of the Official Public Records of Travis County, |
|
Texas; |
|
THENCE South 26°53'42" West, with the east line of said |
|
232.233 acre tract, same being the east line of said 9.662 acre |
|
tract, being also the west line of said 20.022 acre tract, a |
|
distance of 624.23 feet to a calculated point for the southeast |
|
corner of said 9.662 acre tract, same being the southwest corner of |
|
said 20.022 acre tract, being also in the north right-of-way line of |
|
Sassman Road; |
|
THENCE South 60°59'12" East, with the south line of said |
|
20.022 acre tract, same being the south line of Lot 1, Hackberry |
|
Hill Estates Section One, a subdivision of record in Volume 81, Page |
|
241 of the Plat Records of Travis County, Texas, being also the |
|
South right-of-way line of Sassman Road, a distance of 549.20 feet |
|
to a calculated point south line of Lot 1, Hackberry Hill Estates |
|
Section One, being also in the north right-of-way line of Sassman |
|
Road; |
|
THENCE continuing with the south line of said south line of |
|
Lot 1, Hackberry Hill Estates Section One, same being the north |
|
right-of-way line of Sassman Road, being also the south line of a |
|
2.00 acre tract described in Document No. 2002227115 of the |
|
Official Public Records of Travis County, Texas, a 1.00 acre tract |
|
described in a deed to Gerald D. Shoulders, and Rosemary Shoulders, |
|
of record in Volume 12233, Page 1678, of the Real Property Records |
|
of Travis County, Texas, a described in a deed to Amir Batoeinngi, |
|
of record in Document No. 2008060410 of the Official Public Records |
|
of Travis County, Texas, and a 1.00 acre tract described in Document |
|
No. 2006189910 of the Official Public Records of Travis County, |
|
Texas, the following two (2) courses and distances: |
|
1. South 61°39'26" East, a distance of 590.84 feet to a |
|
calculated point; |
|
2. South 63°50'26" East, a distance of 14.13 feet to a 1/2" |
|
rebar found for the southeast corner of said 1.00 acre tract, same |
|
being the southwest corner of said Lot A, Harry Reininger |
|
Subdivision, being also in the north right-of-way line of Sassman |
|
Road; |
|
THENCE North 26°09'41" East, with the west line of said Lot A, |
|
Harry Reininger Subdivision, same being the east line of said 1.00 |
|
acre tract, a distance of 362.16 feet to a calculated point for the |
|
northeast corner of said 1.00 acre tract, same being the southeast |
|
corner of said 20.005 acre tract; |
|
THENCE with the south line of said 20.005 acre tract, the |
|
following three (3) courses and distances: |
|
1. North 61°26'42" West, with the north line of said 1.00 |
|
acre tract, a distance of 113.09 feet to a 1/2" rebar found at the |
|
northwest corner of said 1.00 acre tract, same being in the east |
|
line of a 1.25 acre tract described in a deed to Amir Batoeinngi, of |
|
record in Document No. 2008060410 of the Official Public Records of |
|
Travis County, Texas; |
|
2. North 28°21'23" East, with the east line of said |
|
Batoeinngi tract, a distance of 106.07 feet to a 1/2" rebar found at |
|
the northeast corner of said Batoeinngi tract; |
|
3. North 61°29'11" West, with the north line of said |
|
Batoeinngi tract, and the north line of a 1.25 acre tract described |
|
in a deed to Gerald D. Shoulders, and Rosemary Shoulders, of record |
|
in Volume 12233, Page 1678, of the Real Property Records of Travis |
|
County, Texas, a distance of 417.23 feet to a 1" iron pipe found, at |
|
the southwest corner of said 20.005 acre tract, same being the |
|
northwest corner of said Shoulders tract, also being in the east |
|
line of said 20.022 acre tract; |
|
THENCE North 27°07'27" East, with the west line of said 20.005 |
|
acre tract, same being the east line of said 20.022 acre tract, a |
|
distance of 161.94 feet to a calculated point; |
|
THENCE crossing said Lot A, Harry Reininger Subdivision, said |
|
20.005 acre tract, said 42.558 acre tract, said 23.694 acre tract, |
|
said 7.602 acre tract, said 25.119 acre tract, said 55.222 acre |
|
tract, said 51.942 acre tract, said 60.921 acre tract, said 98.656 |
|
acre tract, and Wende Road the following eleven (11) courses and |
|
distances: |
|
1. South 61°48'21" East, a distance of 678.32 feet to a |
|
calculated point; |
|
2. South 28°11'39" West, a distance of 1655.67 feet to a |
|
calculated point; |
|
3. Following a curve to the left, having a radius of 500.00 |
|
feet, a delta angle of 69°45'07", an arc length of 608.70 feet, and a |
|
chord which bears South 06°40'54" East, a distance of 571.80 feet to |
|
a calculated point |
|
4. South 41°33'28" East, a distance of 324.65 feet to a |
|
calculated point; |
|
5. Following a curve to the right, having a radius of 500.00 |
|
feet, a delta angle of 96°25'47", an arc length of 841.51 feet, and a |
|
chord which bears South 06°39'26" West, a distance of 745.65 feet to |
|
a calculated point |
|
6. South 54°52'19" West, a distance of 25.40 feet to a |
|
calculated point; |
|
7. South 35°07'41" East, a distance of 344.76 feet to a |
|
calculated point; |
|
8. Following a curve to the right, having a radius of |
|
1000.01 feet, a delta angle of 40°36'48", an arc length of 708.84 |
|
feet, and a chord which bears South 14°49'17" East, a distance of |
|
694.09 feet to a calculated point |
|
9. South 05°29'07" West, a distance of 423.15 feet to a |
|
calculated point; |
|
10. Following a curve to the left, having a radius of |
|
1800.01 feet, a delta angle of 68°24'29", an arc length of 2149.12 |
|
feet, and a chord which bears South 28°43'07" East, a distance of |
|
2023.72 feet to a calculated point |
|
11. South 62°55'22" East, a distance of 149.13 feet to a |
|
calculated point in the west right-of-way of F.M. 1626; |
|
THENCE South 27°04'38" West, with the west right-of-way line |
|
of F. M. 1625, same being the east line of said 98.656 acre tract, a |
|
distance of 699.69 feet to a calculated point for the southeast |
|
corner of said 98.656 acre tract, same being the northeast corner of |
|
a 10.067 acre tract described in a deed of record under Document No. |
|
2003084397 of the Official Public Records of Travis County, Texas; |
|
THENCE North 62°25'04" West, with the south line of said |
|
98.656 acre tract, same being the north line of said 10.067 acre |
|
tract and the north line of Lot 6, Las Lomitas Subdivision, a |
|
subdivision of record in Document No. 200200226 of the Official |
|
Public Records of Travis County, Texas, at a distance of 0.11 feet |
|
passing a 1/2" rebar found, and continuing for a total distance of |
|
1097.97 feet to a 1/2" rebar found for the southwest corner of said |
|
98.656 acre tract, same being an angle point in the north line of |
|
said Lot 6, also being the southeast corner of said 60.921 acre |
|
tract; |
|
THENCE North 62°26'10" West, with the south line of said |
|
60.921 acre tract, same being the north line of said Lot 6 and the |
|
north line of Lot 15, of said Las Lomitas Subdivision, a distance of |
|
1283.28 feet to a 1/2" rebar with "Chaparral Boundary" cap found for |
|
the southwest corner of said 60.921 acre tract, same being the |
|
southeast corner of a 58 acre tract described in a deed of record in |
|
Volume 11849, Page 396 of the Real Property Records of Travis |
|
County, Texas, also being an angle point in the north line of said |
|
Lot 15; |
|
THENCE with the south line of said 58 acre tract, the |
|
following two (2) courses and distances: |
|
1. North 62°22'47" West, with the north line of said Lot 15, |
|
a distance of 715.30 feet to a 1/2" iron pipe found at the northwest |
|
corner of said Lot 15, same being the northeast corner of a 96.29 |
|
acre tract described in a deed of record in Volume 12223, Page 2162 |
|
of the Real Property Records of Travis County, Texas; |
|
2. North 62°24'41" West, with the north line of said 96.29 |
|
acre tract, a distance of 1257.37 feet to a 1/2" rebar found at the |
|
southwest corner of said 58 acre tract, same being the southeast |
|
corner of a 77.22 acre tract described in a deed of record in Volume |
|
12171, Page 455 of the Real Property Records of Travis County, |
|
Texas; |
|
THENCE North 62°13'51" West, with the south line of said 77.22 |
|
acre tract, being in part the north line of said 96.29 acre tract, |
|
in part the north line of a 1.069 acre tract and the north line of a |
|
4.580 acre tract both described in a deed of record in Document No. |
|
2003029766 of the Official Public Records of Travis County, Texas, |
|
in part the north line of a 6.717 acre tract described in a deed of |
|
record in Document No. 2003020580 of the Official Public Records of |
|
Travis County, Texas, in part the north line of a 4.001 acre tract |
|
described in a deed of record in Document No. 2003054456 of the |
|
Official Public Records of Travis County, Texas, and in part the |
|
north line of a 5.00 acre tract described in a deed of record in |
|
Document No. 2001186136 of the Official Public Records of Travis |
|
County, Texas, a distance of 2467.51 feet to a 3/4" iron pipe found |
|
at the southwest corner of said 77.22 acre tract, same being the |
|
southeast corner of a 10.00 acre tract described in a deed of record |
|
in Document No. 2005076034 of the Official Public Records of Travis |
|
County, Texas, also being in the north line of said 5.00 acre tract; |
|
THENCE North 27°28'37" East, with the west line of said 77.22 |
|
acre tract, same being in part the east line of said 10.00 acre |
|
tract, in part the east line of Lots 1 and 2, Block 1, Esquivel |
|
Subdivision, a subdivision of record in Document No. 200600043 of |
|
the Official Public Records of Travis County, Texas, and in part the |
|
east line of a 7.501 acre tract described in a deed of record in |
|
Document No. 2006182751 of the Official Public Records of Travis |
|
County, Texas, a distance of 1369.79 feet to a 1/2" rebar with |
|
"4324" cap found at the northwest corner of said 77.22 acre tract, |
|
same being the northeast corner of said 7.501 acre tract, also being |
|
the southeast corner of an 8.51 acre tract described in a deed of |
|
record in Volume 10861, Page 857 of the Real Property Records of |
|
Travis County, Texas, also being the southwest corner of a 32.892 |
|
acre tract described in a deed of record in Volume 11513, Page 1451 |
|
of the Real Property Records of Travis County, Texas; |
|
THENCE South 61°50'26" East, with the north line of said 77.22 |
|
acre tract, same being the south line of said 32.892 acre tract, at |
|
a distance of 2473.90 feet passing a 1/2" rebar with "4324" cap |
|
found, and continuing for a total distance of 2474.36 feet to a |
|
calculated point for the northeast corner of said 77.22 acre tract, |
|
same being the southeast corner of said 32.892 acre tract, also |
|
being in the west line of said 29.293 acre tract; |
|
THENCE North 27°46'44" East, with the west line of said 29.293 |
|
acre tract, same being the east line of said 32.892 acre and the |
|
east line of the said remainder of a 29.94 acre tract described in a |
|
deed of record in Volume 6132, Page 1217 of the Deed Records of |
|
Travis County, Texas, a distance of 959.47 feet to a 1/2" rebar with |
|
"Chaparral Boundary" cap found, for the northeast corner of said |
|
remainder of a 29.94 acre tract, same being the southeast corner of |
|
said 31.022 acre tract; |
|
THENCE North 61°12'34" West, with the south line of said |
|
31.022 acre tract, same being the north line of said remainder of |
|
29.94 acres and the north line of a 2.500 acre tract described in a |
|
deed of record in Volume 9678, Page 891 of the Real Property Records |
|
of Travis County, Texas, at a distance of 2.86 feet passing a 1/2" |
|
rebar found, at a distance of 3268.31 feet passing a 1/2" rebar |
|
found, and continuing for a total distance of 3268.82 feet to a |
|
calculated point for the southwest corner of said 31.022 acre |
|
tract, same being the northwest corner of said 2.500 acre tract, |
|
also being in the east right- of-way line of Thaxton Road (50' |
|
right-of-way); |
|
THENCE North 28°02'32" East, with the west line of said 31.022 |
|
acre tract, same being the east right-of-way line of Thaxton Road, a |
|
distance of 417.56 feet to a 1/2" rebar found at the northwest |
|
corner of said 31.022 acre tract, same being the southwest corner of |
|
the remainder of a 3.22 acre tract described in a deed of record in |
|
Volume 12562, Page 419 of the Real Property Records of Travis |
|
County, Texas; |
|
THENCE South 61°16'30" East, with the south line of said |
|
remainder of 3.22 acres, same being the north line of said 31.022 |
|
acre tract, a distance of 406.03 feet to a 1/2" rebar with |
|
"Chaparral Boundary" cap found for the southeast corner of said |
|
remainder of 3.22 acres, also being the southwest corner of an 18.38 |
|
acre tract described in a deed of record in Document No. 2007219954 |
|
of the Official Public Records of Travis County, Texas; |
|
THENCE South 61°00'23" East, continuing with the north line of |
|
said 31.022 acre tract, same being the south line of said 18.38 acre |
|
tract a distance of 1136.77 feet to a 1/2" rebar with cap found at |
|
the common corner of said 18.38 acre tract and said 73.453 acre |
|
tract; |
|
THENCE North 27°53'08" East, with a northwest line of said |
|
73.453 acre tract, same being the southeast line of said 18.38 acre |
|
tract, a distance of 713.60 feet to a 1/2" rebar with cap found; |
|
THENCE North 61°59'49" West, with a southwest line of said |
|
73.453 acre tract, same being the northeast line of said 18.38 acre |
|
tract and a 3.20 acre tract described in a deed of record in Volume |
|
12562, Page 431 of the Real Property Records of Travis County, |
|
Texas, conveyed in a deed of record in Volume 13116, Page 732 of the |
|
Real Property Records of Travis County, Texas, a distance of |
|
1540.66 feet to a 1/2" rebar with "Chaparral Boundary" cap found for |
|
a west corner of said 73.453 acre tract, same being the north corner |
|
of said 3.20 acre tract, also being in the east right-of-way line of |
|
Thaxton Road; |
|
THENCE North 28°02'32" East, with a northwest line of said |
|
73.453 acre tract, same being the east right-of-way line of Thaxton |
|
Road, a distance of 360.56 feet to the POINT OF BEGINNING, |
|
containing 475.490 acres of land, more or less. |
|
SECTION 3. LEGISLATIVE FINDINGS. The legislature finds |
|
that: |
|
(1) The development or redevelopment in the area in |
|
the proposed Austin Desired Development Zone District No. 4 would |
|
not occur solely through private investment in the reasonably |
|
foreseeable future; |
|
(2) The area in the proposed Austin Desired |
|
Development Zone District No. 4 is unproductive and underdeveloped; |
|
and |
|
(3) The conditions in the area of the proposed Austin |
|
Desired Development Zone District No. 4 substantially arrest or |
|
impair the sound growth of the area, are an economic or social |
|
liability, and present a menace to the public health, safety, |
|
morals, or welfare. |
|
SECTION 4. (a) The 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 |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) 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. |
|
(d) 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. |
|
(e) 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 5. EFFECTIVE DATE. 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, 2009. |