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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of Onion Creek Metro Park District; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, or taxes. |
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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 3924 to read as follows: |
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CHAPTER 3924. ONION CREEK METRO PARK DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3924.001. 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 Onion Creek Metro Park |
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District. |
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Sec. 3924.002. NATURE OF DISTRICT. The Onion Creek Metro |
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Park District is a special district created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 3924.003. 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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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the city or the county from providing the |
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level of services provided as of the effective date of the Act |
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enacting this chapter to the area in the district. The district is |
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created to supplement and not to supplant city or county services |
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provided in the district. |
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Sec. 3924.004. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The initial directors shall hold an election to confirm |
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the creation of the district and to elect five permanent directors |
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as provided by Section 49.102, Water Code. |
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Sec. 3924.005. CONSENT OF MUNICIPALITY REQUIRED; |
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ENFORCEABILITY OF CONSENT AGREEMENT. (a) The initial directors |
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may not hold an election under Section 3924.004 until the city has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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(b) If the city does not consent to the creation of the |
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district and to the inclusion of land in the district before |
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September 1, 2014: |
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(1) the district is dissolved September 1, 2014, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to the city or another local |
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governmental entity to be used for a public purpose; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter, including Section 3924.055, expires |
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September 1, 2014. |
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Sec. 3924.006. 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 further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; and |
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(3) developing or expanding transportation and |
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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; |
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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, and |
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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. 3924.007. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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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 process |
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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 bonds 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 bonds; |
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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. 3924.008. 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. 3924.009. 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. 3924.010. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed in conformity with the findings and purposes |
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stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3924.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five voting directors who serve staggered |
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terms of four years, with two or three directors' terms expiring |
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June 1 of each odd-numbered year. |
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(b) The board by resolution may change the number of voting |
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directors on the board if the board determines that the change is in |
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the best interest of the district. The board may not consist of |
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fewer than 5 or more than 15 voting directors. |
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Sec. 3924.052. APPOINTMENT OF VOTING DIRECTORS. The |
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governing body of the city shall appoint voting directors from |
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persons recommended by the board. A person is appointed if a |
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majority of the members of the governing body and the mayor vote to |
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appoint that person. |
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Sec. 3924.053. QUORUM. For purposes of determining the |
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requirements for a quorum of the board, 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. 3924.054. 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. Sections 375.069 and |
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375.070, Local Government Code, do not apply to the board. |
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Sec. 3924.055. INITIAL VOTING DIRECTORS. (a) The initial |
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board consists of the following voting directors: |
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Pos. No. |
Name of Director |
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(b) Of the initial directors, the terms of directors |
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appointed for positions one, three, and five expire June 1, 2015, |
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and the terms of directors appointed for positions two and four |
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expire June 1, 2017. |
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(c) Section 3924.052 does not apply to this section. |
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(d) This section expires September 1, 2017. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3924.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3924.102. IMPROVEMENT PROJECTS AND SERVICES. The |
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district may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service using any money available to the district, or contract with |
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a governmental or private entity to provide, design, construct, |
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acquire, improve, relocate, operate, maintain, or finance an |
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improvement project or service authorized under this chapter or |
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Chapter 375, Local Government Code. |
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Sec. 3924.103. LOCATION OF IMPROVEMENT PROJECT. An |
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improvement project described by Section 3924.102 may be located: |
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(1) in the district; or |
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(2) in an area outside but adjacent to the district if |
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the project is for the purpose of extending an improvement project |
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beyond the district's boundaries. |
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Sec. 3924.104. DEVELOPMENT CORPORATION POWERS. The |
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district, using money available to the district, may exercise the |
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powers given to a development corporation under Chapter 505, Local |
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Government Code, including the power to own, operate, acquire, |
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construct, lease, improve, or maintain a project under that |
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chapter. |
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Sec. 3924.105. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered to be a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Subchapter D, |
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Chapter 431, Transportation Code, except that a board member is not |
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required to reside in the district. |
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Sec. 3924.106. AGREEMENTS; GRANTS. (a) As provided by |
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Chapter 375, Local Government Code, the district may make an |
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agreement with or accept a gift, grant, or loan from any person. |
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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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Sec. 3924.107. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, the district may contract with a qualified party, |
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including the county or the city, to provide law enforcement |
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services for a fee. |
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Sec. 3924.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3924.109. ECONOMIC DEVELOPMENT. (a) The district may |
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engage in activities that accomplish the economic development |
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purposes of the district. |
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(b) The district may establish and provide for the |
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administration of one or more programs to promote state or local |
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economic development and to stimulate business and commercial |
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activity, 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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(c) The district may create economic development programs |
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and exercise the economic development powers provided to |
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municipalities by: |
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(1) Chapter 380, Local Government Code; and |
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(2) Subchapter A, Chapter 1509, Government Code. |
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Sec. 3924.110. PARKING FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain parking facilities or a system of parking |
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facilities, including 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 related appurtenances. |
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(b) 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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(c) The district's parking facilities 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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(d) The development and operation of the district's parking |
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facilities may be considered an economic development program. |
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Sec. 3924.111. APPROVAL BY CITY. (a) Except as provided by |
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Subsection (c), the district must obtain the approval of the city |
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for: |
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(1) the issuance of bonds; |
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(2) the annexation of land in the city or the |
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extraterritorial jurisdiction of the city; |
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(3) the plans and specifications of an improvement |
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project financed by bonds; and |
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(4) the plans and specifications of an improvement |
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project related to the use of land owned by the city, an easement |
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granted by the city, or a right-of-way of a street, road, or |
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highway. |
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(b) The district may not issue bonds or annex land in the |
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city or extraterritorial jurisdiction of the city until the |
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governing body of the city adopts a resolution or ordinance |
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authorizing the issuance of the bonds or the annexation of the land. |
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(c) If the district obtains the approval of the city's |
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governing body of a capital improvements budget for a period not to |
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exceed 10 years, the district may finance the capital improvements |
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and issue bonds specified in the budget without further approval |
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from the city. |
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(d) The governing body of the city: |
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(1) is not required to adopt a resolution or ordinance |
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to approve plans and specifications described by Subsection (a); |
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and |
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(2) may establish an administrative process to approve |
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plans and specifications described by Subsection (a) without the |
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involvement of the governing body. |
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Sec. 3924.112. COMPLIANCE WITH MUNICIPAL CONSENT |
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AGREEMENT, ORDINANCE, OR RESOLUTION. (a) The district shall |
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comply with all applicable requirements of an ordinance or |
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resolution adopted by the city that consents to the creation of the |
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district or to the inclusion of land in the district. |
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(b) Any agreement between the district and the city related |
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to the city's consent to the creation of the district is valid and |
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enforceable. |
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(c) On the issuance of bonds by the district, the district |
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is considered to have waived sovereign immunity to suit by the city |
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for the purpose of adjudicating a claim for breach of an agreement |
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described by this section. |
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Sec. 3924.113. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; TAX AND |
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ASSESSMENT ABATEMENTS |
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Sec. 3924.151. 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 district money. |
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Sec. 3924.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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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. 3924.153. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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375.161, Local Government Code, does not apply to a tax authorized |
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or approved by the voters of the district or a required payment for |
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a service provided by the district, including water and sewer |
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services. |
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Sec. 3924.154. TAX AND ASSESSMENT ABATEMENTS. The district |
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may designate reinvestment zones and may grant abatements of |
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district taxes or assessments on property in the zones. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3924.201. ELECTIONS REGARDING TAXES AND BONDS. (a) |
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The district may issue, without an election, bonds, notes, and |
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other obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 3924.203. |
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(b) The district must hold an election in the manner |
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provided by Subchapter L, Chapter 375, Local Government Code, to |
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obtain voter approval before the district may impose an ad valorem |
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tax or issue bonds payable from ad valorem taxes. |
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(c) Section 375.243, Local Government Code, does not apply |
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to the district. |
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(d) All or any part of any facilities or improvements that |
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may be acquired by a district by the issuance of its bonds may be |
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submitted as a single proposition or as several propositions to be |
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voted on at the election. |
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Sec. 3924.202. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized by a majority of the district voters voting at an |
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election held in accordance with Section 3924.201, the district may |
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impose an operation and maintenance tax on taxable property in the |
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district in accordance with Section 49.107, Water Code, for any |
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district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 3924.203. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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Sec. 3924.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS |
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AND OTHER OBLIGATIONS. (a) The district may borrow money on terms |
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determined by the board. Section 375.205, Local Government Code, |
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does not apply to a loan, line of credit, or other borrowing from a |
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bank or financial institution secured by revenue other than ad |
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valorem taxes. |
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(b) The district may issue bonds, notes, or other |
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obligations payable wholly or partly from ad valorem taxes, |
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assessments, impact fees, revenue, contract payments, grants, or |
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other district money, or any combination of those sources of money, |
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to pay for any authorized district purpose. |
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(c) The limitation on the outstanding principal amount of |
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bonds, notes, and other obligations provided by Section 49.4645, |
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Water Code, does not apply to the district. |
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Sec. 3924.205. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct annual ad valorem tax, without limit as to rate or amount, |
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for each year that all or part of the bonds are outstanding as |
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required and in the manner provided by Sections 54.601 and 54.602, |
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Water Code. |
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Sec. 3924.206. CITY NOT REQUIRED TO PAY DISTRICT |
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OBLIGATIONS. Except as provided by Section 375.263, Local |
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Government Code, the city is not required to pay a bond, note, or |
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other obligation of the district. |
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SECTION 2. The Onion Creek Metro Park District initially |
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includes all territory contained in the following area: |
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A DESCRIPTION OF 701.655 ACRES IN THE SANTIAGO DEL VALLE |
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GRANT, TRAVIS COUNTY, TEXAS, CONSISTING OF: |
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A PORTION OF A 679.66 ACRE TRACT AND A 0.805 ACRE TRACT, |
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DESCRIBED IN A SPECIAL WARRANTY DEED TO MVE VENTURE, LTD. DATED MAY |
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2, 2005 AND RECORDED IN DOCUMENT NO. 2005078856 OF THE OFFICIAL |
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PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; |
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ALL OF A 22.818 ACRE TRACT DESCRIBED IN A SPECIAL |
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WARRANTY DEED TO M.V.E. VENTURE DATED DECEMBER 28, 1989 AND |
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RECORDED IN VOLUME 11093, PAGE 219 OF THE REAL PROPERTY RECORDS OF |
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TRAVIS COUNTY, TEXAS; |
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ALL OF A 175.00 ACRE TRACT DESCRIBED IN A SPECIAL |
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WARRANTY DEED TO BENCHMARK LAND DEVELOPMENT, INC. DATED MAY 02, |
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2005 AND RECORDED IN DOCUMENT NO. 2005078857 OF THE OFFICIAL PUBLIC |
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RECORDS OF TRAVIS COUNTY, TEXAS; |
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ALL OF AN 85.600 ACRE TRACT DESCRIBED IN A CASH WARRANTY |
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DEED TO AUSTIN GOODNIGHT RANCH, L.P. DATED JUNE 30, 2006 AND |
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RECORDED IN DOCUMENT NO. 2006197891 OF THE OFFICIAL PUBLIC RECORDS |
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OF TRAVIS COUNTY, TEXAS; |
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ALL OF A 26.519 ACRE TRACT AND A 2.495 ACRE TRACT, BOTH |
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DESCRIBED IN A SPECIAL WARRANTY DEED TO GOODNIGHT RANCH L.P., DATED |
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MAY 26, 2006 AND RECORDED IN DOCUMENT NO. 2006099945 OF THE OFFICIAL |
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PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; |
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ALL OF A 0.023 ACRE TRACT DESCRIBED IN A SPECIAL |
|
WARRANTY DEED TO GOODNIGHT RANCH, L.P. AND RECORDED IN DOCUMENT NO. |
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2007076804 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; |
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ALL OF VERTEX BOULEVARD (70' RIGHT-OF-WAY WIDTH) |
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DESCRIBED IN DOCUMENT NO. 200800081 OF THE OFFICIAL PUBLIC RECORDS |
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OF TRAVIS COUNTY, TEXAS; |
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ALL OF A 2.031 ACRE TRACT DESCRIBED IN A SPECIAL |
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WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P., DATED JANUARY 31, |
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2006 AND RECORDED IN DOCUMENT NO. 2006022592 OF THE OFFICIAL PUBLIC |
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RECORDS OF TRAVIS COUNTY, TEXAS; |
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ALL OF A 6.125 ACRE TRACT DESCRIBED IN A SPECIAL |
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WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P., DATED MARCH 18, 2011 |
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AND RECORDED IN DOCUMENT NO. 2011035151 OF THE OFFICIAL PUBLIC |
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RECORDS OF TRAVIS COUNTY, TEXAS; |
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ALL OF A 6.658 ACRE TRACT DESCRIBED IN A SPECIAL |
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WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P. DATED JUNE 29, 2007 |
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AND RECORDED IN DOCUMENT NO. 2007211337 OF THE OFFICIAL PUBLIC |
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RECORDS OF TRAVIS COUNTY, TEXAS; |
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ALL OF A 0.828 ACRE TRACT DESCRIBED IN A GENERAL |
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WARRANTY DEED TO TRAVIS COUNTY, TEXAS, DATED AUGUST 9, 2011 AND |
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DESCRIBED IN DOCUMENT NO. 2011118719 OF THE OFFICIAL PUBLIC RECORDS |
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OF TRAVIS COUNTY, TEXAS; |
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ALL OF SLAUGHTER LANE EAST DESCRIBED IN DOCUMENT NO. |
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2007094816 AND DOCUMENT NO. 2010044359 OF THE OFFICIAL PUBLIC |
|
RECORDS OF TRAVIS COUNTY, TEXAS; |
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ALL OF A 24.529 ACRE TRACT DESCRIBED IN A SPECIAL |
|
WARRANTY DEED WITH VENDOR'S LIEN TO AUSTIN GOODNIGHT RANCH, L.P., |
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DATED APRIL 4, 2011 AND RECORDED IN DOCUMENT NO. 2011053055 OF THE |
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OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; |
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ALL OF A 0.144 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL |
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WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P. DATED APRIL 14, 2011 |
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AND RECORDED IN DOCUMENT NO. 2011053054 OF THE OFFICIAL PUBLIC |
|
RECORDS OF TRAVIS COUNTY, TEXAS; |
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SAID 701.655 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES |
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AND BOUNDS AS FOLLOWS: |
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BEGINNING at a 1/2" rebar found in the north right-of-way |
|
line of Old Lockhart Highway (right-of-way width varies), being the |
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southeast corner of the 679.66 acre tract, being also the southwest |
|
corner of Lot 1 of Capitol View Estates, a subdivision of record in |
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Volume 45, Page 13 of the Plat Records of Travis County, Texas; |
|
THENCE with the north right-of-way line of Old Lockhart |
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Highway and the south line of the 679.66 acre tract the following |
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ten (10) courses and distances: |
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1. North 52°14'14" West, a distance of 88.15 feet to a 1/2" rebar |
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found; |
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2. North 41°41'09" West, a distance of 711.88 feet to a 1/2" iron |
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pipe found; |
|
3. North 40°58'33" West, a distance of 460.57 feet to a 1/2" rebar |
|
found; |
|
4. North 35°38'06" West, a distance of 332.61 feet to a 1/2" iron |
|
pipe found; |
|
5. North 38°14'16" West, a distance of 94.62 feet to a 1/2" iron |
|
pipe found; |
|
6. North 34°52'34" West, a distance of 116.37 feet to a 1/2" iron |
|
pipe found; |
|
7. North 36°52'03" West, a distance of 761.83 feet to a 1/2" iron |
|
pipe found; |
|
8. North 36°04'28" West, a distance of 525.66 feet to a 3/4" iron |
|
pipe found; |
|
9. North 37°05'20" West, a distance of 350.14 feet to a metal fence |
|
post found; |
|
10. North 35°03'44" West, a distance of 102.42 feet to a 3/4" iron |
|
pipe found for the southeast corner of the 0.805 acre tract; |
|
THENCE North 36°56'38" West, with the north right-of-way line |
|
of Old Lockhart Highway and the south line of the 0.805 acre tract, |
|
a distance of 158.54 feet to a 3/4" iron pipe found for the |
|
southwest corner of the 0.805 acre tract, being in the south line of |
|
the 679.66 acre tract; |
|
THENCE North 36°41'16" West, with the north right-of-way line |
|
of Old Lockhart Highway and the south line of the 679.66 acre tract, |
|
a distance of 400.57 feet to a 1/2" rebar found for a southwest |
|
corner of the 679.66 acre tract, being the southeast corner of a |
|
0.994 acre tract of land described in Volume 12478, Page 528 of the |
|
Real Property Records of Travis County, Texas; |
|
THENCE North 28°56'17" East, with the west line of the 679.66 |
|
acre tract and the east line of the 0.994 acre tract, a distance of |
|
321.00 feet to a calculated point for the northeast corner of the |
|
0.994 acre tract, being a southeast corner of a 3.59 acre tract of |
|
land described in Document No. 2009200063 of the Official Public |
|
Records of Travis County, Texas; |
|
THENCE with the common line of the 679.66 acre tract and the |
|
3.59 acre tract the following two (2) courses and distances: |
|
1. North 28°50'57" East, a distance of 437.63 feet to a 1/2" rebar |
|
found for the northeast corner of the 3.59 acre tract; |
|
2. North 60°15'24" West, a distance of 130.11 feet to a 1/2" rebar |
|
found for the northwest corner of the 3.59 acre tract, being an |
|
angle point in the east line of a 16.46 acre tract of land described |
|
in Document No. 2004222100 of the Official Public Records of Travis |
|
County, Texas; |
|
THENCE with the common line of the 679.66 acre tract and the |
|
16.46 acre tract the following three (3) courses and distances: |
|
1. North 59°54'43" West, a distance of 44.13 feet to a 1/2" rebar |
|
found; |
|
2. North 29°01'25" East, a distance of 1551.18 feet to a 3/4" iron |
|
pipe found for the northeast corner of the 16.46 acre tract; |
|
3. North 62°41'57" West, a distance of 345.07 feet to a 1/2" iron |
|
pipe found for the northwest corner of the 16.46 acre tract, being |
|
the northeast corner of Lot 7, Block D, Perkins Park, Section One, a |
|
subdivision of record in Volume 50, Page 78 of the Plat Records of |
|
Travis County, Texas; |
|
THENCE North 62°57'34" West, with the south line of the 679.66 |
|
acre tract and the north line of Perkins Park, Section One, a |
|
distance of 310.24 feet to a 1/2" rebar found for the northwest |
|
corner of Lot 8, Block K, Perkins Park, Section One, being the |
|
northeast corner of a 6.59 acre tract of land described in Document |
|
No. 2000167421 of the Official Public Records of Travis County, |
|
Texas; |
|
THENCE with the common line of the 679.66 acre tract and the |
|
6.59 acre tract the following three (3) courses and distances: |
|
1. North 62°54'58" West, a distance of 162.11 feet to a 1" iron pipe |
|
found for the northwest corner of the 6.59 acre tract; |
|
2. South 29°33'50" West, a distance of 963.76 feet to a 1/2" rebar |
|
with Chaparral cap set; |
|
3. South 29°33'00" West, a distance of 753.69 feet to a 1/2" rebar |
|
found in the north right-of-way line of Old Lockhart Highway, being |
|
an angle point in the southwest line of the 679.66 acre tract, being |
|
also the southwest corner of the 6.59 acre tract; |
|
THENCE with the common right-of-way line of Old Lockhart |
|
Highway and the 679.66 acre tract the following five (5) courses and |
|
distances: |
|
1. North 26°32'14" West, a distance of 566.22 feet to a 1/2" rebar |
|
found; |
|
2. North 18°08'20" West, a distance of 141.82 feet to a 1/2" rebar |
|
found; |
|
3. North 07°42'27" East, a distance of 89.82 feet to a 1/2" rebar |
|
found; |
|
4. North 28°37'37" East, a distance of 229.06 feet to a 1" iron pipe |
|
found; |
|
5. North 29°33'21" East, at a distance of 460.01 feet, passing a |
|
1/2" rebar with Chaparral cap set for the south corner of the 0.828 |
|
acre tract, continuing with the common right-of-way line of Old |
|
Lockhart Highway and the 0.828 acre tract, in all, a distance of |
|
670.57 feet to a 3/4" iron pipe found; |
|
THENCE North 30°58'10" East, with the common right-of-way |
|
line of Old Lockhart Highway and the 0.828 acre tract, same being |
|
the west line of the 679.66 acre tract, a distance of 129.75 feet to |
|
a 1/2" rebar found in the south line of a 1.5 acre tract of land |
|
described in Volume 11234, Page 365 of the Real Property Records of |
|
Travis County, Texas; |
|
THENCE with the common line of the 0.828 acre tract and the |
|
1.5 acre tract, same being the west line of the 679.66 acre tract, |
|
the following three (3) courses and distances: |
|
1. South 26°34'49" East, a distance of 11.29 feet to a 1/2" rebar |
|
found; |
|
2. North 27°27'35" East, a distance of 172.54 feet to a 1/2" rebar |
|
found; |
|
3. North 26°27'24" East, at a distance of 227.52 feet passing a |
|
1/2" rebar found for an angle point in the south right-of-way line |
|
of Slaughter Lane East (right-of-way width varies) as described in |
|
Document No. 2008134870 of the Official Public Records of Travis |
|
County, Texas, being in the west line of the said 85.600 acre tract, |
|
being also the northeast corner of a 1.5 acre tract described in |
|
Volume 11234, Page 365 of the Real Property Records of Travis |
|
County, Texas, continuing with the south right-of-way line of |
|
Slaughter Lane East and the west line of the 0.828 acre tract, in |
|
all, a distance of 229.16 feet to a 1/2" rebar found for an angle |
|
point in the south right-of-way line of Slaughter Lane East, being |
|
the northwest corner of the 0.828 acre tract; |
|
THENCE North 26°54'47" East, with the west line of the 679.66 |
|
acre tract, crossing Slaughter Lane East, a distance of 146.04 feet |
|
to a 1/2" rebar with Chaparral cap found in the north right-of-way |
|
line of Slaughter Lane East, being a point in the west line of the |
|
175.000 acre tract and also being in the east line of a 67.95 acre |
|
tract described in Document No. 2002232017 of the Official Public |
|
Records of Travis County, Texas; |
|
THENCE North 26°54'47" East, with the west line of the 679.66 |
|
acre tract, the west line of the 175.000 acre tract and the east |
|
line of the 67.95 acre tract, a distance of 1458.21 feet to a 1/2" |
|
rebar found for an angle point in the east line of the 67.95 acre |
|
tract, being the southeast corner of the 1.477 acre tract; |
|
THENCE North 26°55'30" East, with the west line of the 697.66 |
|
acre tract, the west line of the 175.000 acre tract and the east |
|
line of the 1.477 acre tract, at a distance of 351.90 feet, passing |
|
an angle point in the west line of the 85.600 acre tract, continuing |
|
with the west line of the 85.600 acre tract, the west line of the |
|
697.66 acre tract and the east line of the 1.477 acre tract, in all, |
|
a distance of 364.88 feet to a 1/2" rebar found at an angle point in |
|
the west line of the 85.600 acre tract, being the northeast corner |
|
of the 1.477 acre tract and being also an angle point in the south |
|
right-of-way line of Nuckols Crossing Road (70' right-of-way |
|
width); |
|
THENCE with the common line of Nuckols Crossing Road, the |
|
85.600 acre tract and the 679.66 acre tract, the following seven (7) |
|
courses and distances: |
|
1. North 27°13'23" East, a distance of 107.04 feet to a 1/2" rebar |
|
found; |
|
2. North 36°26'26" East, a distance of 98.94 feet to a 3/4" iron |
|
pipe found; |
|
3. North 27°09'55" East, a distance of 1122.38 feet to a 3/4" iron |
|
pipe found; |
|
4. With a curve to the right, having a radius of 136.02 feet, an |
|
arc length of 214.24 feet, and a chord which bears North 72°14'38" |
|
East, a distance of 192.77 feet to a 3/4" iron pipe found; |
|
5. South 62°37'40" East, a distance of 734.70 feet to a nail found |
|
in a fence post; |
|
6. With a curve to the left, having a radius of 990.40 feet, an arc |
|
length of 286.98 feet, and a chord which bears South 70°56'14" East, |
|
a distance of 285.97 feet to a 1/2" rebar found; |
|
7. South 79°14'59" East, a distance of 524.60 feet to a 1/2" rebar |
|
with cap set for the northeast corner of the 85.600 acre tract, |
|
being in the north line of the 679.66 acre tract; |
|
THENCE with the south right-of-way line of Nuckols Crossing |
|
Road and the north line of the 679.66 acre tract the following two |
|
(2) courses and distances: |
|
1. South 79°14'59" East, a distance of 645.80 feet to a 3/4" iron |
|
pipe found, from which, a 1/2" rebar found bears South 84°49'23" |
|
East, a distance of 5.32 feet; |
|
2. South 85°18'25" East, at a distance of 77.47 feet, passing a |
|
1/2" rebar with cap set for the intersection of Nuckols Crossing |
|
Road and Vertex Boulevard, continuing with the prolongation of the |
|
south right-of-way line of Nuckols Crossing Road, in all, a |
|
distance of 178.50 feet to a 1/2" rebar found for the southwest |
|
corner of Lot 1, Gentry Estates, a subdivision of record in Volume |
|
75, Page 88 of the Plat Records of Travis County, Texas, being also |
|
the northwest corner of a 15.604 acre tract described in Document |
|
No. 2006099949 of the Official Public Records of Travis County, |
|
Texas; |
|
THENCE crossing the 679.66 acre tract with the east |
|
right-of-way line of Vertex Boulevard and the west line of the |
|
15.604 acre tract, the following two (2) courses and distances: |
|
1. South 31°49'52" West, a distance of 11.02 feet to a 1/2" rebar |
|
with Chaparral cap found; |
|
2. With a curve to the left, having a radius of 1050.00 feet, an |
|
arc length of 631.79 feet, and a chord which bears South 14°35'36" |
|
West, a distance of 622.31 feet to a 1/2" rebar with Chaparral cap |
|
found for the southeast termination of Vertex Boulevard, being also |
|
a point in the east line of a 2.495 acre described in Document No. |
|
2006099945 of the Official Public Records of Travis County, Texas; |
|
THENCE continuing across the 679.66 acre tract with the west |
|
line of the 15.604 acre tract and the east line of the 2.495 acre |
|
tract the following two (2) courses and distances: |
|
1. With a curve to the left, having a radius of 1050.00 feet, an |
|
arc length of 356.17 feet, and a chord which bears South 12°21'43" |
|
East, a distance of 354.46 feet to a 1/2" rebar with Chaparral cap |
|
found; |
|
2. South 22°04'46" East, a distance of 217.30 feet to a 1/2" rebar |
|
with Chaparral cap found for the southwest corner of said 15.604 |
|
acre tract, being the northwest corner of said 26.519 acre tract; |
|
THENCE continuing across the 679.66 acre tract with the |
|
common line of the 15.604 acre and 26.519 acre tracts, the following |
|
three (3) courses and distances: |
|
1. North 89°49'06" East, a distance of 173.88 feet to a 1/2" rebar |
|
with Chaparral cap found; |
|
2. North 84°49'06" East, a distance of 389.86 feet to a 1/2" rebar |
|
with Chaparral cap found; |
|
3. North 00°06'16" East, a distance of 814.03 feet to a 1/2" rebar |
|
with Chaparral cap found for an angle point in the north line of the |
|
26.519 acre tract, being in the north line of the 679.66 acre, same |
|
being the northeast corner of the 15.604 acre tract, and being also |
|
a point in the south line of Lot 1 of said Gentry Estates; |
|
THENCE South 61°01'04" East, with the north line of the 26.519 |
|
acre tract, the north line of the 679.66 acre tract and the south |
|
line of Lot 1, Gentry Estates, a distance of 484.73 feet to a 3/4" |
|
iron pipe found for the southeast corner of Lot 1, Gentry Estates, |
|
being the southwest corner of Block B of Final Plat of Thaxton |
|
Place, a subdivision of record in Document No. 200800080 of the |
|
Official Public Records of Travis County, Texas; |
|
THENCE South 61°02'12" East, with the , the north line of the |
|
679.66 acre tract, the north line of the 26.519 acre tract and the |
|
south line of Block B of Thaxton Place, at a distance of 509.80 |
|
feet, passing the northwest corner of the 2.031 acre tract, |
|
continuing with the north line of the 679.66 acre tract, the north |
|
line of the 2.031 acre tract, the north line of the 26.519 acre |
|
tract, and the south line of Block B of Thaxton place, in all, a |
|
distance of 549.85 feet to a 1/2" rebar found for the northeast |
|
corner of the 679.66 acre tract, the northeast corner of the 2.031 |
|
acre tract, the northeast corner of the 26.519 acre tract, and also |
|
being the southeast corner of Block B of Thaxton Place and a point |
|
in the west line of Lot 13, Block X of Sheldon 230, Section 1, Phase |
|
1 a subdivision of record in Document No. 200500225 of the Official |
|
Public Records of Travis County, Texas; |
|
THENCE South 26°18'36" West, with the east line of the 697.66 |
|
acre tract, the east line of the 2.031 acre tract, the east line of |
|
the 26.519 acre tract, and the west lines of Block X of Sheldon 230, |
|
Section 1, Phase 1, Block DD of Sheldon 230 Section 1, Phase 3 a |
|
subdivision of record in Document No. 200600032 of the Official |
|
Public Records of Travis County, Texas, Baythorne Drive (60' |
|
right-of-way described in Document No. 200700032 of the Official |
|
Public Records of Travis County, Texas, and Block DD of Sheldon 230 |
|
Section 1, Phase 2 a subdivision of record in Document No. 200600033 |
|
of the Official Public Records of Travis County, Texas, a distance |
|
of 2090.63 feet to a 1/2" rebar with Chaparral cap found for the |
|
southwest corner of Block DD of Sheldon 230 Section 1, Phase 2, |
|
being the northwest corner of the 6.125 acre tract; |
|
THENCE South 63°39'27" East, with the north line of the 6.125 |
|
acre tract and the south line of Block DD of Sheldon 230 Section 1, |
|
Phase 2, a distance of 375.16 feet to a 1/2" rebar with Chaparral |
|
cap set for the northeast corner of the 6.125 acre tract, being the |
|
northwest corner of a 22.802 acre tract described in Document No. |
|
2007210182 of the Official Public Records of Travis County, Texas; |
|
THENCE South 26°22'18" West, with the east line of the 6.125 |
|
acre tract, the west line of the 22.802 acre tract and the west line |
|
of a 7.598 acre tract described in Document No. 2009200351, a |
|
distance 721.24 feet to a 1/2" rebar with Chaparral cap found for |
|
the northeast termination of Slaughter Lane East, described in |
|
Document 2010044359 of the Official Public Records of Travis |
|
County, Texas, being a point in the west line of the 22.802 acre |
|
tract; |
|
THENCE South 26°22'18" West, with the east termination of |
|
Slaughter Lane East and the west line of the 22.802 acre tract, a |
|
distance of 141.81 feet to a 1/2" rebar found for the southeast |
|
termination of Slaughter Lane East, being the southwest corner of |
|
the 22.802 acre tract, the northwest corner of the 22.818 acre tract |
|
and being also the northeast corner of the 6.658 acre tract; |
|
THENCE South 63°41'20" East, with the north line of the 22.818 |
|
acre tract and the south line of the 22.802 acre tract, at a |
|
distance of 1246.34 feet passing 1/2" rebar found, in all, a |
|
distance of 1246.85 feet to a calculated point for the northeast |
|
corner of the 22.818 acre tract, being the southeast corner of the |
|
22.802 acre tract, being in the west right-of-way line of an |
|
apparent road; |
|
THENCE with the east line of the 22.818 acre tract and the |
|
west line of the apparent road the following two (2) courses and |
|
distances: |
|
1. South 13°52'34" West, a distance of 157.47 feet to a 1/2" rebar |
|
found; |
|
2. South 27°10'07" West, a distance of 638.82 feet to a 1/2" rebar |
|
with Chaparral cap set for the southeast corner of the 22.818 acre |
|
tract, being in the north right-of-way line of Capitol View Drive |
|
(60' right-of-way width), being also the northeast corner of Lot |
|
15-B, Resubdivision of Lots 14 & 15, Capitol View Estates, a |
|
subdivision of record in Volume 47, Page 100 of the Plat Records of |
|
Travis County, Texas; |
|
THENCE North 62°33'37" West, with the south line of the 22.818 |
|
acre tract and the north line of Lot 15-B, a distance of 561.95 feet |
|
to a 1/2" rebar found for the northwest corner of Lot 15-B, being an |
|
angle point in the east line of the 679.66 acre tract; |
|
THENCE South 27°16'23" West, with the east line of the 679.66 |
|
acre tract, the west line of the said Resubdivision of Lots 14 & 15, |
|
Capitol View Estates, the west line of Capitol View Estates, the |
|
west line of the Resubdivision of Lots 10, 11, 21, 22 & 23, Capitol |
|
View Estates, a subdivision of record in Volume 48, Page 1 of the |
|
Plat Records of Travis County, Texas, the west line of the |
|
Resubdivision of Lot 5, Capitol View Estates, a subdivision of |
|
record in Volume 55, Page 47 of the Plat Records of Travis County, |
|
Texas, and the west line of the Resubdivision of Lot 4, Capitol View |
|
Estates, a subdivision of record in Volume 58, Page 66 of the Plat |
|
Records of Travis County, Texas, a distance of 4347.40 feet to the |
|
POINT OF BEGINNING, containing 701.655 acres of land, more or less. |
|
SECTION 3. (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 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, 2013. |