|  | 
      
        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | relating to the creation of the Cascades Municipal Utility District | 
      
        |  | No. 1; providing authority to issue bonds; providing authority to | 
      
        |  | impose assessments, fees, or taxes. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Subtitle F, Title 6, Special District Local Laws | 
      
        |  | Code, is amended by adding Chapter 8477 to read as follows: | 
      
        |  | CHAPTER 8477.  CASCADES MUNICIPAL UTILITY DISTRICT NO. 1 | 
      
        |  | SUBCHAPTER A.  GENERAL PROVISIONS | 
      
        |  | Sec. 8477.001.  DEFINITIONS.  In this chapter: | 
      
        |  | (1)  "Board" means the district's board of directors. | 
      
        |  | (2)  "Commission" means the Texas Commission on | 
      
        |  | Environmental Quality. | 
      
        |  | (3)  "Director" means a board member. | 
      
        |  | (4)  "District" means the Cascades Municipal Utility | 
      
        |  | District No. 1. | 
      
        |  | Sec. 8477.002.  NATURE OF DISTRICT.  The district is a | 
      
        |  | municipal utility district created under Section 59, Article XVI, | 
      
        |  | Texas Constitution. | 
      
        |  | Sec. 8477.003.  CONFIRMATION AND DIRECTORS' ELECTION | 
      
        |  | REQUIRED.  The temporary directors shall hold an election to | 
      
        |  | confirm the creation of the district and to elect permanent | 
      
        |  | directors as provided by Section 49.102, Water Code, and this | 
      
        |  | chapter. | 
      
        |  | Sec. 8477.004.  CONSENT OF MUNICIPALITY REQUIRED.  (a)  The | 
      
        |  | temporary directors may not hold an election under Section 8477.003 | 
      
        |  | until each municipality in whose corporate limits or | 
      
        |  | extraterritorial jurisdiction the district is located has | 
      
        |  | consented by ordinance or resolution to the creation of the | 
      
        |  | district and to the inclusion of land in the district. | 
      
        |  | (b)  If a municipality in whose extraterritorial | 
      
        |  | jurisdiction the district is located does not consent to the | 
      
        |  | creation of the district or if the district does not enter into an | 
      
        |  | agreement required by the terms of the municipal ordinance or | 
      
        |  | resolution consenting to the creation of the district under this | 
      
        |  | section before September 1, 2014: | 
      
        |  | (1)  the district is dissolved September 1, 2014, | 
      
        |  | except that: | 
      
        |  | (A)  any debts incurred shall be paid; | 
      
        |  | (B)  any assets that remain after the payment of | 
      
        |  | debts shall be transferred to the municipality or another local | 
      
        |  | governmental entity to be used for a public purpose; and | 
      
        |  | (C)  the organization of the district shall be | 
      
        |  | maintained until all debts are paid and remaining assets are | 
      
        |  | transferred; and | 
      
        |  | (2)  this chapter expires September 1, 2014. | 
      
        |  | Sec. 8477.005.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | 
      
        |  | (a)  The district is created to serve a public purpose and benefit. | 
      
        |  | (b)  The district is created to accomplish the purposes of: | 
      
        |  | (1)  a municipal utility district as provided by | 
      
        |  | general law and Section 59, Article XVI, Texas Constitution; and | 
      
        |  | (2)  Section 52, Article III, Texas Constitution, that | 
      
        |  | relate to the construction, acquisition, improvement, operation, | 
      
        |  | or maintenance of macadamized, graveled, or paved roads, or | 
      
        |  | improvements, including storm drainage, in aid of those roads. | 
      
        |  | Sec. 8477.006.  INITIAL DISTRICT TERRITORY.  (a)  The | 
      
        |  | district is initially composed of the territory described by | 
      
        |  | Section 2 of the Act enacting this chapter. | 
      
        |  | (b)  The boundaries and field notes contained in Section 2 of | 
      
        |  | the Act enacting this chapter form a closure.  A mistake made in the | 
      
        |  | field notes or in copying the field notes in the legislative process | 
      
        |  | does not affect the district's: | 
      
        |  | (1)  organization, existence, or validity; | 
      
        |  | (2)  right to issue any type of bond for the purposes | 
      
        |  | for which the district is created or to pay the principal of and | 
      
        |  | interest on a bond; | 
      
        |  | (3)  right to impose a tax; or | 
      
        |  | (4)  legality or operation. | 
      
        |  | SUBCHAPTER B.  BOARD OF DIRECTORS | 
      
        |  | Sec. 8477.051.  GOVERNING BODY; TERMS.  (a)  Except as | 
      
        |  | provided by Subsection (b), the district is governed by a board of | 
      
        |  | elected directors qualified to serve under Section 54.102, Water | 
      
        |  | Code. | 
      
        |  | (b)  If required under the terms of the agreement, ordinance, | 
      
        |  | or resolution by which a municipality consents to the creation of | 
      
        |  | the district, the board consists of: | 
      
        |  | (1)  four elected directors qualified to serve under | 
      
        |  | Section 54.102, Water Code; and | 
      
        |  | (2)  one director appointed by the governing body of | 
      
        |  | the municipality who: | 
      
        |  | (A)  may be a member or other officer of the | 
      
        |  | governing body or an employee of the municipality; and | 
      
        |  | (B)  is not required to be a qualified voter of the | 
      
        |  | district or own land subject to taxation in the district. | 
      
        |  | (c)  The common law doctrine of incompatibility does not | 
      
        |  | disqualify a member or other officer of the governing body or | 
      
        |  | employee of the municipality from being appointed a director by the | 
      
        |  | governing body of a municipality under Subsection (b)(2), and a | 
      
        |  | director appointed to the board may continue to serve in a public | 
      
        |  | office of or be employed by the municipality. | 
      
        |  | (d)  Except as provided by Section 8477.052, directors serve | 
      
        |  | staggered four-year terms.  A permanent director may not serve more | 
      
        |  | than two four-year terms. | 
      
        |  | Sec. 8477.052.  TEMPORARY DIRECTORS.  (a)  The temporary | 
      
        |  | board consists of: | 
      
        |  | (1)  John R. C. Munn; | 
      
        |  | (2)  George Roman; | 
      
        |  | (3)  Allen Gallia; | 
      
        |  | (4)  Donna Morgan; and | 
      
        |  | (5)  Charlotte Vick. | 
      
        |  | (b)  Temporary directors serve until the earlier of: | 
      
        |  | (1)  the date permanent directors are elected under | 
      
        |  | Section 8477.003; or | 
      
        |  | (2)  the fourth anniversary of the effective date of | 
      
        |  | the Act enacting this chapter. | 
      
        |  | (c)  If permanent directors have not been elected under | 
      
        |  | Section 8477.003 and the terms of the temporary directors have | 
      
        |  | expired, successor temporary directors shall be appointed or | 
      
        |  | reappointed as provided by Subsection (d) to serve terms that | 
      
        |  | expire on the earlier of: | 
      
        |  | (1)  the date permanent directors are elected under | 
      
        |  | Section 8477.003; or | 
      
        |  | (2)  the fourth anniversary of the date of the | 
      
        |  | appointment or reappointment. | 
      
        |  | (d)  If Subsection (c) applies, the owner or owners of a | 
      
        |  | majority of the assessed value of the real property in the district | 
      
        |  | may submit a petition to the commission requesting that the | 
      
        |  | commission appoint as successor temporary directors the five | 
      
        |  | persons named in the petition.  The commission shall appoint as | 
      
        |  | successor temporary directors the five persons named in the | 
      
        |  | petition. | 
      
        |  | SUBCHAPTER C.  POWERS AND DUTIES | 
      
        |  | Sec. 8477.101.  GENERAL POWERS AND DUTIES.  The district has | 
      
        |  | the powers and duties necessary to accomplish the purposes for | 
      
        |  | which the district is created. | 
      
        |  | Sec. 8477.102.  MUNICIPAL UTILITY DISTRICT POWERS AND | 
      
        |  | DUTIES.  The district has the powers and duties provided by the | 
      
        |  | general law of this state, including Chapters 49 and 54, Water Code, | 
      
        |  | applicable to municipal utility districts created under Section 59, | 
      
        |  | Article XVI, Texas Constitution. | 
      
        |  | Sec. 8477.103.  AUTHORITY FOR ROAD PROJECTS.  (a)  Under | 
      
        |  | Section 52, Article III, Texas Constitution, the district may | 
      
        |  | design, acquire, construct, finance, issue bonds for, improve, and | 
      
        |  | convey to this state, a county, or a municipality for operation and | 
      
        |  | maintenance macadamized, graveled, or paved roads described by | 
      
        |  | Section 54.234, Water Code, or improvements, including storm | 
      
        |  | drainage, in aid of those roads. | 
      
        |  | (b)  The district may exercise the powers provided by this | 
      
        |  | section without submitting a petition to or obtaining approval from | 
      
        |  | the commission as required by Section 54.234, Water Code. | 
      
        |  | Sec. 8477.104.  APPROVAL OF ROAD PROJECT.  (a)  The district | 
      
        |  | may not undertake a road project authorized by Section 8477.103 | 
      
        |  | unless: | 
      
        |  | (1)  each municipality or county that will operate and | 
      
        |  | maintain the road has approved the plans and specifications of the | 
      
        |  | road project, if a municipality or county will operate and maintain | 
      
        |  | the road; or | 
      
        |  | (2)  the Texas Transportation Commission has approved | 
      
        |  | the plans and specifications of the road project, if the state will | 
      
        |  | operate and maintain the road. | 
      
        |  | (b)  Except as provided by Subsection (a), the district is | 
      
        |  | not required to obtain approval from the Texas Transportation | 
      
        |  | Commission to design, acquire, construct, finance, issue bonds for, | 
      
        |  | improve, or convey a road project. | 
      
        |  | Sec. 8477.105.  COMPLIANCE WITH AND ENFORCEABILITY OF | 
      
        |  | MUNICIPAL CONSENT ORDINANCE OR RESOLUTION.  (a)  The district shall | 
      
        |  | comply with all applicable requirements of any ordinance or | 
      
        |  | resolution that is adopted under Section 54.016 or 54.0165, Water | 
      
        |  | Code, and that consents to the creation of the district or to the | 
      
        |  | inclusion of land in the district. | 
      
        |  | (b)  Any agreement between the district and a municipality | 
      
        |  | related to the municipality's consent to the creation of the | 
      
        |  | district is valid and enforceable. | 
      
        |  | (c)  On the issuance of bonds by the district, the district | 
      
        |  | is considered to have waived sovereign immunity to suit by a | 
      
        |  | municipality for the purpose of adjudicating a claim for breach of | 
      
        |  | an agreement described by this section. | 
      
        |  | (d)  The district and a municipality may contract on terms | 
      
        |  | that the board and governing body of the municipality agree will | 
      
        |  | further regional cooperation between the district and the | 
      
        |  | municipality. | 
      
        |  | Sec. 8477.106.  NO EMINENT DOMAIN POWER.  The district may | 
      
        |  | not exercise the power of eminent domain. | 
      
        |  | SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS | 
      
        |  | Sec. 8477.151.  ELECTIONS REGARDING TAXES OR BONDS. | 
      
        |  | (a)  The district may issue, without an election, bonds and other | 
      
        |  | obligations secured by: | 
      
        |  | (1)  revenue other than ad valorem taxes; or | 
      
        |  | (2)  contract payments described by Section 8477.153. | 
      
        |  | (b)  The district must hold an election in the manner | 
      
        |  | provided by Chapters 49 and 54, Water Code, to obtain voter approval | 
      
        |  | before the district may impose an ad valorem tax or issue bonds | 
      
        |  | payable from ad valorem taxes. | 
      
        |  | (c)  The district may not issue bonds payable from ad valorem | 
      
        |  | taxes to finance a road project unless the issuance is approved by a | 
      
        |  | vote of a two-thirds majority of the district voters voting at an | 
      
        |  | election held for that purpose. | 
      
        |  | Sec. 8477.152.  OPERATION AND MAINTENANCE TAX.  (a)  If | 
      
        |  | authorized at an election held under Section 8477.151, the district | 
      
        |  | may impose an operation and maintenance tax on taxable property in | 
      
        |  | the district in accordance with Section 49.107, Water Code. | 
      
        |  | (b)  The board shall determine the tax rate.  The rate may not | 
      
        |  | exceed the rate approved at the election. | 
      
        |  | (c)  If required by an agreement between the district and a | 
      
        |  | municipality under Section 8477.105, the total ad valorem tax rate | 
      
        |  | of the district may not be less than the total ad valorem tax rate of | 
      
        |  | the municipality. | 
      
        |  | Sec. 8477.153.  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. | 
      
        |  | SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS | 
      
        |  | Sec. 8477.201.  AUTHORITY TO ISSUE BONDS AND OTHER | 
      
        |  | OBLIGATIONS.  The district may issue bonds or other obligations | 
      
        |  | payable wholly or partly from ad valorem taxes, impact fees, | 
      
        |  | revenue, contract payments, grants, or other district money, or any | 
      
        |  | combination of those sources, to pay for any authorized district | 
      
        |  | purpose. | 
      
        |  | Sec. 8477.202.  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 ad valorem tax, without limit as to rate or amount, 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. 8477.203.  BONDS FOR ROAD PROJECTS.  At the time of | 
      
        |  | issuance, the total principal amount of bonds or other obligations | 
      
        |  | issued or incurred to finance road projects and payable from ad | 
      
        |  | valorem taxes may not exceed one-fourth of the assessed value of the | 
      
        |  | real property in the district. | 
      
        |  | SUBCHAPTER F.  STRATEGIC PARTNERSHIP AGREEMENT; MUNICIPAL | 
      
        |  | ANNEXATION AND NOTICE | 
      
        |  | Sec. 8477.301.  STRATEGIC PARTNERSHIP; CONTINUATION OF | 
      
        |  | DISTRICT AFTER ANNEXATION BY MUNICIPALITY.  (a)  The district may | 
      
        |  | continue to exist as a limited district after full-purpose | 
      
        |  | annexation by a municipality if the district and the annexing | 
      
        |  | municipality state the terms of the limited district's existence in | 
      
        |  | a strategic partnership agreement under Section 43.0751, Local | 
      
        |  | Government Code. | 
      
        |  | (b)  The strategic partnership agreement may provide for a | 
      
        |  | term of any number of years.  The limitation in Section | 
      
        |  | 43.0751(g)(2), Local Government Code, on the length of the term | 
      
        |  | does not apply to a limited district created under this section. | 
      
        |  | Sec. 8477.302.  MUNICIPAL ANNEXATION; NOTICE. | 
      
        |  | (a)  Sections 43.0561 and 43.0562, Local Government Code, do not | 
      
        |  | apply to the annexation of the district by a municipality that | 
      
        |  | consents to the creation of the district under Section 8477.004. | 
      
        |  | (b)  Not later than the 30th day after the date a | 
      
        |  | municipality adopts a resolution or ordinance consenting to the | 
      
        |  | creation of the district, the municipality shall file, in the real | 
      
        |  | property records of the county in which the land to be included in | 
      
        |  | the district is located, a notice to purchasers of real property in | 
      
        |  | the district that describes: | 
      
        |  | (1)  the municipality's authority and intention to | 
      
        |  | annex the district; and | 
      
        |  | (2)  the anticipated date of the annexation. | 
      
        |  | (c)  After the notice is filed, a person who proposes to sell | 
      
        |  | or otherwise convey real property in the district must include the | 
      
        |  | information contained in the municipality's notice in the Notice to | 
      
        |  | Purchasers required by Section 49.452, Water Code. | 
      
        |  | SECTION 2.  The Cascades Municipal Utility District No. 1 | 
      
        |  | initially includes all the territory contained in the following | 
      
        |  | area: | 
      
        |  | 135.796 ACRES, OUT OF THE SANTIAGO DEL VALLE GRANT IN TRAVIS COUNTY, | 
      
        |  | TEXAS BEING ALL OF THAT 223.68 ACRES OUT OF THE SANTIAGO DEL VALLE | 
      
        |  | GRANT IN TRAVIS COUNTY, TEXAS AND BEING ALL OF A CALLED 117.188 ACRE | 
      
        |  | TRACT, ALL OF A CALLED 2.273 ACRE TRACT, ALL OF A CALLED 87.884 ACRE | 
      
        |  | TRACT, ALL A OF CALLED 8.17 ACRE TRACT ALL DESCRIBED IN CORRECTION | 
      
        |  | JOINT PARTNERSHIP CONTRIBUTION GENERAL WARRANTY DEED TO ONION | 
      
        |  | ASSOCIATES, LTD RECORDED IN DOCUMENT NO. 2006236625, ALL OF A | 
      
        |  | CALLED 1.9965 ACRE TRACT DESCRIBED IN DOC. NO. 2006146663 ALL OF THE | 
      
        |  | OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) AND | 
      
        |  | 6.038 ACRE TRACT OUT OF LOT 1, ST. ALBIN'S ADDITION A SUBDIVISION OF | 
      
        |  | RECORD IN CABINET 86, SLIDE 88C OF THE PLAT RECORD OF TRAVIS COUNTY; | 
      
        |  | AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS | 
      
        |  | FOLLOWS: | 
      
        |  | BEGINNING at a 1/2" iron rod with cap marked "LANDESIGN" set in the | 
      
        |  | existing east right-of-way line of Interstate Highway 35 (IH 35) | 
      
        |  | (400' right-of-way width), in the west line of said Lot 1 and in the | 
      
        |  | east line of a called 14.771 acre tract described in deed to the | 
      
        |  | State of Texas for right-of-way recorded in Volume 1608, Page 170 of | 
      
        |  | the D.R.T.C.T.; | 
      
        |  | THENCE North 17°32'12" East 1714.84 feet with the west line of said | 
      
        |  | Lot 1, the west line of said 1.9965 acres and the east line of said | 
      
        |  | 87.884 acres and the existing east right-of-way line of IH 35 to a | 
      
        |  | calculated point in the center of Onion Creek at the northwest | 
      
        |  | corner of the 87.884 acres and the southwest corner of Lot A, Onion | 
      
        |  | Creek Section 1-B, a subdivision of record in Book 79, Page 313 of | 
      
        |  | the Plat Records of Travis County, Texas; | 
      
        |  | THENCE South 75°57'21" East 450.62 feet with the centerline of Onion | 
      
        |  | Creek, the north line of the 87.884 acres, the south line of said | 
      
        |  | Lot A, and the south line of Lot B, Onion Creek Section 1-C, a | 
      
        |  | subdivision of record in  Book 79, Page 311 of the Plat Records of | 
      
        |  | Travis County, Texas to a calculated point; | 
      
        |  | THENCE South 77°12'21" East 334.57 feet with the centerline of Onion | 
      
        |  | Creek, the north line of the 87.884 acres, the south line of said | 
      
        |  | Lot B, the south line of Lot C, Onion Creek Section 1-D, a | 
      
        |  | subdivision of record in  Book 79, Page 309 of the Plat Records of | 
      
        |  | Travis County, Texas, and the south line of a remainder of a called | 
      
        |  | 960 acre tract described in deed to Onion Creek Development Company | 
      
        |  | recorded in Volume 9111, Page 262 of the D.R.T.C.T. to a calculated | 
      
        |  | point; | 
      
        |  | THENCE with the centerline of Onion Creek, the north line of the | 
      
        |  | 87.884 acres, and the south line of said remainder of 960 acres the | 
      
        |  | following eight (8) courses: | 
      
        |  | 1.  South 59°56'55" East 220.25 feet to a calculated point; | 
      
        |  | 2.  South 75°15'28" East 402.24 feet  to a calculated point; | 
      
        |  | 3.  South 79°40'28" East 357.17 feet  to a calculated point; | 
      
        |  | 4.  South 42°47'28" East 114.70 feet  to a calculated point; | 
      
        |  | 5.  South 60°30'58" East 308.12 feet  to a calculated point; | 
      
        |  | 6.  South 03°38'28" East 131.00 feet to a calculated point; | 
      
        |  | 7.  South 27°58'28" East 206.00 feet  to a calculated point; | 
      
        |  | 8.  South 56°44'22" East 249.40 feet to a calculated point at | 
      
        |  | the northeast corner of the 87.884 acres and the northwest corner of | 
      
        |  | said 117.188 acres; | 
      
        |  | THENCE with the centerline of Onion Creek, the north line of the | 
      
        |  | 117.188 acres, and the south line of said remainder of 960 acres the | 
      
        |  | following four (4) courses: | 
      
        |  | 1.  South 61°45'03" East 450.70 feet to a calculated point; | 
      
        |  | 2.  South 53°04'03" East 251.84 feet to a calculated point; | 
      
        |  | 3.  South 45°15'03" East 186.54 feet  to a calculated point; | 
      
        |  | 4.  South 65°01'55 East 50.33 feet to a calculated point at | 
      
        |  | the northeast corner of the 117.188 acres and the northwest corner | 
      
        |  | of a called 64 acre tract described as First Tract in deed to | 
      
        |  | Richard D. Spillman recorded in Volume 6287, Page 218 of the | 
      
        |  | D.R.T.C.T.; | 
      
        |  | THENCE South 27°48'54" West, passing a capped iron rod stamped "RPLS | 
      
        |  | 4091" at 58.94 feet and continuing a total distance of 838.63 feet | 
      
        |  | with the east line of the 117.188 acres and the west line of the 64 | 
      
        |  | acres to a to a 1/2" iron rod found; | 
      
        |  | THENCE South 27°33'39" West 498.18 feet continuing with the east | 
      
        |  | line of the 117.188 acres and the west line of the 64 acres to a 7/8" | 
      
        |  | iron rod found at the southwest corner of the 64 acres; | 
      
        |  | THENCE South 74°32'31" East 1128.82 feet with the north line of the | 
      
        |  | 117.188 acres and the south line of the 64 acres to a 5/8" iron rod | 
      
        |  | found at the northwest corner of a called 24.60 acre tract described | 
      
        |  | in said deed to Richard D. Spillman recorded in Volume 6287, Page | 
      
        |  | 218 of the D.R.T.C.T.; | 
      
        |  | THENCE South 27°34'11" West 2048.99 feet with the east line of the | 
      
        |  | 117.188 acres and the west line of the 24.60 acres to a 1/2" iron rod | 
      
        |  | found at the southeast corner of the 117.188 acres, the southwest | 
      
        |  | corner of the 24.60 acres, and in the north line of a called 30 acre | 
      
        |  | tract described as part of the Fifth Tract in said deed to Richard | 
      
        |  | D. Spillman recorded in Volume 6287, Page 218 of the D.R.T.C.T.; | 
      
        |  | THENCE North 62°29'14" West 1103.84 feet with the south line of the | 
      
        |  | 117.188 acres and the north line of the 30 acres to a 1/2" iron rod | 
      
        |  | found at the northwest corner of the 30 acres and the northeast | 
      
        |  | corner of a called 30.5 acre tract described as part of the Fifth | 
      
        |  | Tract in said deed to Richard D. Spillman recorded in Volume 6287, | 
      
        |  | Page 218 of the D.R.T.C.T.; | 
      
        |  | THENCE North 65°21'21" West 458.13 feet with the south line of the | 
      
        |  | 117.188 acres and the north line of the 30.5 acres to a 1/2" iron rod | 
      
        |  | found; | 
      
        |  | THENCE North 65°40'34" West 449.66 feet continuing with the south | 
      
        |  | line of the 117.188 acres and the north line of the 30.5 acres to a | 
      
        |  | 1/2" iron rod with cap stamped "LANDESIGN" found at the southwest | 
      
        |  | corner of the 117.188 acres and the southeast corner of a called 27 | 
      
        |  | acre tract described as part of the Fifth Tract in said deed to | 
      
        |  | Richard D. Spillman recorded in Volume 6287, Page 218 of the | 
      
        |  | D.R.T.C.T.; | 
      
        |  | THENCE North 27°19'41" East 1665.86 feet with the west line of the | 
      
        |  | 117.188 acres and the east line of the 27 acres to a 60-d found in a | 
      
        |  | hackberry tree; | 
      
        |  | THENCE North 27°22'02" East 188.61 feet with the west line of the | 
      
        |  | 117.188 acres and the east line of the 27 acres to a 1/2" iron rod | 
      
        |  | found; | 
      
        |  | THENCE North 25°45'46" East 233.22 feet continuing with the west | 
      
        |  | line of the 117.188 acres and the east line of the 27 acres to a 1/2" | 
      
        |  | iron rod found at the southwest corner of the 87.884 acres and the | 
      
        |  | northeast corner of a the 27 acres; | 
      
        |  | THENCE North 74°02'03" West 712.31 feet with the south line of the | 
      
        |  | 87.884 acres and the north line of the 27 acres to a 1/2" iron rod | 
      
        |  | with cap stamped "LANDESIGN" set; | 
      
        |  | THENCE North 73°53'51" West 10.10 feet with the south line of the | 
      
        |  | 87.884 acres and the north line of the 27 acres to a 1/2" iron rod | 
      
        |  | with cap stamped "LANDESIGN" set at the northwest corner of the 27 | 
      
        |  | acres and the northeast corner of the said 2.273 acres; | 
      
        |  | THENCE with the east line of the 2.273 acres and the west line of the | 
      
        |  | 27 acres the following three (3) courses: | 
      
        |  | 1.  South 41°45'45" West 8.27 feet to a 1/2" iron rod with cap | 
      
        |  | marked "LANDESIGN" set; | 
      
        |  | 2.  South 81°26'45" West 95.67 feet to a 1/2" iron rod with | 
      
        |  | cap marked "LANDESIGN" set; | 
      
        |  | 3.  South 02°46'45" West 125.27 feet to a 1/2" iron rod found | 
      
        |  | at the southeast corner of the 2.273 acres and the northeast corner | 
      
        |  | of a called 8.17 acre tract described in deed to Onion Associates, | 
      
        |  | LTD recorded in Document No. 2006236625 of the O.P.R.T.C.T.; | 
      
        |  | THENCE with the east line of said 8.17 acre tract, the west line of | 
      
        |  | said 27 acres and with the center of ravine the following seven (7) | 
      
        |  | courses: | 
      
        |  | 1.  South 02°45'21" West a distance of 183.65 feet to a 1/2 | 
      
        |  | inch iron rebar with cap marked "LANDESIGN" set; | 
      
        |  | 2.  South 30°23'21" West a distance of 196.83 feet to a 1/2 | 
      
        |  | inch iron rebar with cap marked "LANDESIGN" set; | 
      
        |  | 3.  South 54°24'14" West a distance of 69.90 feet to a 1/2 | 
      
        |  | inch iron rebar with cap marked "LANDESIGN" set; | 
      
        |  | 4.  South 19°24'02 West a distance of 23.32 feet to a 1/2 inch | 
      
        |  | iron rebar with cap marked "LANDESIGN" set; | 
      
        |  | 5.  South 38°57'02" East a distance of 47.93 feet to a 1/2 | 
      
        |  | inch iron rebar with cap marked "LANDESIGN" set; | 
      
        |  | 6.  South 16°41'39" West a distance of 57.49 feet to a 1/2 | 
      
        |  | inch iron rebar with cap marked "LANDESIGN" set; | 
      
        |  | 7.  South 35°10'00" West a distance of 61.07 feet to a 1/2 | 
      
        |  | inch iron rebar found for the southeast corner of said 8.17 acre | 
      
        |  | tract and the northeast corner of a called 58.3885 acre tract | 
      
        |  | described as Tract 1 conveyed to South IH 35 Investors, LP. of | 
      
        |  | record in Document No. 2006214573 of the Official Public Records of | 
      
        |  | Travis County Texas; | 
      
        |  | THENCE North 66°56'45" West with the south line of said 8.17 acre | 
      
        |  | tract and the north line of said Tract 1 passing the southeast | 
      
        |  | corner of said Tract 1 and the southwest corner of said Lot 1 at | 
      
        |  | 580.62 feet a continuing a total distance of 866.80 feet to a 1/2" | 
      
        |  | iron rod with cap marked "LANDESIGN" set; | 
      
        |  | THENCE crossing through said Lot 1 the following two (2) courses: | 
      
        |  | 1.  North 17°51'38" East a distance of 576.13 feet to a 1/2" | 
      
        |  | iron rod with cap marked "LANDESIGN" set; | 
      
        |  | 2.  North 73°51'44" West a distance of 725.16 feet to the | 
      
        |  | POINT OF BEGINNING. | 
      
        |  | SAVE LESS AND EXCEPT THE 87.884 ACRE TRACT OR PARCEL THEREOF | 
      
        |  | DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | 
      
        |  | BEGINNING at a 1/2" iron pin found at the Southeast corner of said | 
      
        |  | 26.00 acre tract, being in the West line of that certain 117.20 acre | 
      
        |  | tract of land described in Volume 12150, Page 1255 of the Real | 
      
        |  | Property Records of Travis County, Texas, for the Southeast corner | 
      
        |  | and PLACE OF BEGINNING hereof; | 
      
        |  | THENCE along the South line of said 26.00 acre tract, N 71°11'45" W | 
      
        |  | for a distance of 712.31 feet to a 1/2 inch capped iron pin set at | 
      
        |  | the Northeast corner of that certain 2.2272 acre tract of land | 
      
        |  | described in Volume 9261, Page 714 of the Real Property Records of | 
      
        |  | Travis County, Texas; | 
      
        |  | THENCE along the North line of said 2.2272 acre tract, N 71°03'33" W | 
      
        |  | for a distance of 173.66 feet to a 1/2 inch iron pin found and N | 
      
        |  | 67°01'32" W for a distance of 678.95 feet to a 1/2 inch iron pin | 
      
        |  | found at the Northwest corner of said 2.2272 acre tract, being in | 
      
        |  | the South line of said 63.45 acre tract; | 
      
        |  | THENCE along the South line of said 63.45 acre tract, N 33°32'38" W | 
      
        |  | for a distance of 145.29 feet to a 1/2 inch iron pin found at N | 
      
        |  | 71°03'16" W for a distance of 698.93 feet to a 1/2 inch capped iron | 
      
        |  | pin set at the Southwest corner of said 63.45 acre tract, being on | 
      
        |  | the East r.o.w line of Interstate Hwy. No. 35, for the Southwest | 
      
        |  | corner hereof; | 
      
        |  | THENCE along the West line of said 63.45 acre tract, being along the | 
      
        |  | East r.o.w. line of Interstate Hwy. No. 35, N 20°25'54" E for a | 
      
        |  | distance of 1499.77 to an "X" found cut in rock in the approximate | 
      
        |  | centerline of Onion Creek, being at the Northwest corner of said | 
      
        |  | 63.45 acre tract, being at the Southwest corner of Onion Creek | 
      
        |  | Section 1-B, a subdivision recorded in Plat Book 79, Page 313 of the | 
      
        |  | Plat Records of Travis County, Texas, for the Northwest corner | 
      
        |  | hereof; | 
      
        |  | THENCE along the North lines of said 63.45 acre tract and 26.00 acre | 
      
        |  | tract, being along the approximate centerline of Onion Creek for | 
      
        |  | the following courses: | 
      
        |  | 1.  S 73°04'00" E for a distance of 450.65 feet to an angle | 
      
        |  | point | 
      
        |  | 2.  S 74°19'00" E for a distance of 334.57 feet to an angle | 
      
        |  | point | 
      
        |  | 3.  S 57°11'00" E for a distance of 216.95 feet to an angle | 
      
        |  | point | 
      
        |  | 4.  S 72°26'00" E for a distance of 402.24 feet to an angle | 
      
        |  | point | 
      
        |  | 5.  S 76°51'00" E for a distance of 357.17 feet to an angle | 
      
        |  | point | 
      
        |  | 6.  S 39°52'00" E for a distance of 114.70 feet to an angle | 
      
        |  | point | 
      
        |  | 7.  S 57°41'30" E for a distance of 308.12 feet to an angle | 
      
        |  | point | 
      
        |  | 8.  S 00°49'00" E for a distance of 131.00 feet to an angle | 
      
        |  | point | 
      
        |  | 9.  S 25°09'00" E for a distance of 206.00 feet to an angle | 
      
        |  | point | 
      
        |  | 10.  S 53°57'45" E for a distance of 249.20 feet to the | 
      
        |  | Northeast corner of said 26.00 acre tract, being at the Northwest | 
      
        |  | corner of said 117.20 acre tract, for the Northeast corner hereof; | 
      
        |  | THENCE along the East line of said 26.00 acre tract, being along the | 
      
        |  | West line of said 117.20 acre tract for the following courses: | 
      
        |  | 1.  S 35°25'22" W for a distance of 55.37 feet to a 1/2 inch | 
      
        |  | iron pin found | 
      
        |  | 2.  S 29°42'53" W for a distance of 874.40 feet to a 1/2 inch | 
      
        |  | iron pin found | 
      
        |  | 3.  S 30°58'12" W for a distance of 281.26 feet to the PLACE OF | 
      
        |  | BEGINNING and containing 87.884 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, the | 
      
        |  | lieutenant governor, and the speaker of the house of | 
      
        |  | representatives within the required time. | 
      
        |  | (d)  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 are 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. |