83(R) SB 1872 - Enrolled version



	S.B. No. 1872

AN ACT

relating to the creation of Onion Creek Metro Park District;

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 C, Title 4, Special District Local Laws

Code, is amended by adding Chapter 3924 to read as follows:

CHAPTER 3924. ONION CREEK METRO PARK DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3924.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "City" means the City of Austin.

(3) "County" means Travis County.

(4) "Director" means a board member.

(5) "District" means the Onion Creek Metro Park

District.

Sec. 3924.002. NATURE OF DISTRICT. The Onion Creek Metro

Park District is a special district created under Section 59,

Article XVI, Texas Constitution.

Sec. 3924.003. PURPOSE; DECLARATION OF INTENT. (a) The

creation of the district is essential to accomplish the purposes of

Sections 52 and 52-a, Article III, and Section 59, Article XVI,

Texas Constitution, and other public purposes stated in this

chapter. By creating the district and in authorizing the city, the

county, and other political subdivisions to contract with the

district, the legislature has established a program to accomplish

the public purposes set out in Section 52-a, Article III, Texas

Constitution.

(b) The creation of the district is necessary to promote,

develop, encourage, and maintain employment, commerce,

transportation, housing, tourism, recreation, the arts,

entertainment, economic development, safety, and the public

welfare in the district.

interpreted to relieve the city or the county from providing the

level of services provided as of the effective date of the Act

enacting this chapter. The district is created to supplement and

not to supplant city or county services provided in the district.

Sec. 3924.004. CONFIRMATION ELECTION REQUIRED. The initial

directors shall hold an election to confirm the creation of the

district as provided by Section 49.102, Water Code.

Sec. 3924.005. CONSENT OF MUNICIPALITY REQUIRED. (a) The

initial directors may not hold an election under Section 3924.004

until the city has consented by ordinance or resolution to the

creation of the district and to the inclusion of land in the

district.

(b) If the city does not consent to the creation of the

district and to the inclusion of land in the district 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 city or another local

governmental entity to be used for a public purpose; and

maintained until all debts are paid and remaining assets are

transferred; and

(2) this chapter, including Section 3924.055, expires

September 1, 2014.

Subsection (a), the ordinance or resolution described by Subsection

(a):

(1) must specify the qualifications for persons to be

eligible to serve as permanent directors; and

(2) may limit the number of terms a director may serve.

Sec. 3924.006. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.

(a) The district is created to serve a public use and benefit.

(b) All land and other property included in the district

will benefit from the improvements and services to be provided by

the district under powers conferred by Sections 52 and 52-a,

Article III, and Section 59, Article XVI, Texas Constitution, and

other powers granted under this chapter.

and is essential to further the public purposes of:

(1) developing and diversifying the economy of the

state;

(2) eliminating unemployment and underemployment; and

(3) developing or expanding transportation and

commerce.

(d) The district will:

(1) promote the health, safety, and general welfare of

residents, employers, potential employees, employees, visitors,

and consumers in the district, and of the public;

(2) provide needed funding for the district to

preserve, maintain, and enhance the economic health and vitality of

the district territory as a community and business center;

(3) promote the health, safety, welfare, and enjoyment

of the public by providing pedestrian ways and by landscaping and

developing certain areas in the district, which are necessary for

the restoration, preservation, and enhancement of scenic beauty;

and

(4) provide for water, wastewater, drainage, road, and

recreational facilities for the district.

(e) Pedestrian ways along or across a street, whether at

grade or above or below the surface, and street lighting, street

landscaping, parking, and street art objects are parts of and

necessary components of a street and are considered to be a street

or road improvement.

(f) The district will not act as the agent or

instrumentality of any private interest even though the district

will benefit many private interests as well as the public.

Sec. 3924.007. 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 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 bonds for the purposes

for which the district is created or to pay the principal of and

interest on the bonds;

(3) right to impose or collect an assessment or tax; or

(4) legality or operation.

Sec. 3924.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.

All or any part of the area of the district is eligible to be

included in:

(1) a tax abatement reinvestment zone created under

Chapter 312, Tax Code; or

(2) an enterprise zone created under Chapter 2303,

Government Code.

Sec. 3924.009. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

Sec. 3924.010. CONSTRUCTION OF CHAPTER. This chapter shall

be liberally construed in conformity with the findings and purposes

stated in this chapter.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3924.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of seven voting directors who serve staggered

terms of four years, with three or four directors' terms expiring

June 1 of each odd-numbered year.

(b) The qualifications of the permanent directors must

comply with those established in the ordinance or resolution under

Section 3924.005(c)(1).

directors on the board if the board determines that the change is in

the best interest of the district and the city approves the change.

The board may not consist of fewer than 7 or more than 15 voting

directors.

Sec. 3924.052. APPOINTMENT OF VOTING DIRECTORS. The

governing body of the city shall appoint the voting directors. A

person is appointed if a majority of the members of the governing

body vote to appoint that person.

Sec. 3924.053. QUORUM. For purposes of determining the

requirements for a quorum of the board, the following are not

counted:

(1) a board position vacant for any reason, including

death, resignation, or disqualification; or

(2) a director who is abstaining from participation in

a vote because of a conflict of interest.

Sec. 3924.054. COMPENSATION. A director is entitled to

receive fees of office and reimbursement for actual expenses as

provided by Section 49.060, Water Code. Sections 375.069 and

375.070, Local Government Code, do not apply to the board.

Sec. 3924.055. INITIAL VOTING DIRECTORS. (a) The initial

board consists of the following voting directors:

Pos. No.

Name of Director

Sara Partridge

Tyler Zickert

Ross Rathgeber

George Cofer

Andrea Rado Hamilton

Cile Montgomery

Philip Koske

(b) Of the initial directors, the terms of directors

appointed for positions one, three, five, and seven expire June 1,

2015, and the terms of directors appointed for positions two, four,

and six expire June 1, 2017.

(d) This section expires September 1, 2017.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3924.101. GENERAL POWERS AND DUTIES. The district has

the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 3924.102. IMPROVEMENT PROJECTS AND SERVICES. The

district may provide, design, construct, acquire, improve,

relocate, operate, maintain, or finance an improvement project or

service using any money available to the district, or contract with

a governmental or private entity to provide, design, construct,

acquire, improve, relocate, operate, maintain, or finance an

improvement project or service authorized under this chapter or

Chapter 375, Local Government Code.

Sec. 3924.103. LOCATION OF IMPROVEMENT PROJECT. An

improvement project described by Section 3924.102 may be located:

(1) in the district; or

(2) in an area outside the district if the board

determines that the project benefits the district.

Sec. 3924.104. DEVELOPMENT CORPORATION POWERS. The

district, using money available to the district, may exercise the

powers given to a development corporation under Chapter 505, Local

Government Code, including the power to own, operate, acquire,

construct, lease, improve, or maintain a project under that

chapter.

Sec. 3924.105. NONPROFIT CORPORATION. (a) The board by

resolution may authorize the creation of a nonprofit corporation to

assist and act for the district in implementing a project or

providing a service authorized by this chapter.

(b) The nonprofit corporation:

(1) has each power of and is considered to be a local

government corporation created under Subchapter D, Chapter 431,

Transportation Code; and

(2) may implement any project and provide any service

authorized by this chapter.

nonprofit corporation. The board of directors of the nonprofit

corporation shall serve in the same manner as the board of directors

of a local government corporation created under Subchapter D,

Chapter 431, Transportation Code, except that a board member is not

required to reside in the district.

Sec. 3924.106. AGREEMENTS; GRANTS. (a) As provided by

Chapter 375, Local Government Code, the district may make an

agreement with or accept a gift, grant, or loan from any person.

(b) The implementation of a project is a governmental

function or service for the purposes of Chapter 791, Government

Code.

Sec. 3924.107. LAW ENFORCEMENT SERVICES. To protect the

public interest, the district may contract with a qualified party,

including the county or the city, to provide law enforcement

services for a fee.

Sec. 3924.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The

district may join and pay dues to a charitable or nonprofit

organization that performs a service or provides an activity

consistent with the furtherance of a district purpose.

Sec. 3924.109. ECONOMIC DEVELOPMENT. (a) The district may

engage in activities that accomplish the economic development

purposes of the district.

(b) The district may establish and provide for the

administration of one or more programs to promote state or local

economic development and to stimulate business and commercial

activity, including programs to:

(1) make loans and grants of public money; and

(2) provide district personnel and services.

and exercise the economic development powers provided to

municipalities by:

(1) Chapter 380, Local Government Code; and

(2) Subchapter A, Chapter 1509, Government Code.

Sec. 3924.110. PARKING FACILITIES. (a) The district may

acquire, lease as lessor or lessee, construct, develop, own,

operate, and maintain parking facilities or a system of parking

facilities, including lots, garages, parking terminals, or other

structures or accommodations for parking motor vehicles off the

streets and related appurtenances.

(b) The district's parking facilities serve the public

purposes of the district and are owned, used, and held for a public

purpose even if leased or operated by a private entity for a term of

years.

necessary components of a street and are considered to be a street

or road improvement.

(d) The development and operation of the district's parking

facilities may be considered an economic development program.

Sec. 3924.111. APPROVAL BY CITY. (a) Except as provided

by Subsection (c), the district must obtain the approval of the city

for:

(1) the issuance of bonds;

(2) the annexation of land in the city or the

extraterritorial jurisdiction of the city;

(3) the plans and specifications of an improvement

project financed by bonds; and

(4) the plans and specifications of an improvement

project related to the use of land owned by the city, an easement

granted by the city, or a right-of-way of a street, road, or

highway.

(b) The district may not issue bonds or annex land in the

city or extraterritorial jurisdiction of the city until the

governing body of the city adopts a resolution or ordinance

authorizing the issuance of the bonds or the annexation of the land.

governing body of a capital improvements budget for a period not to

exceed 10 years, the district may finance the capital improvements

and issue bonds specified in the budget without further approval

from the city.

(d) The governing body of the city:

(1) is not required to adopt a resolution or ordinance

to approve plans and specifications described by Subsection (a);

and

(2) may establish an administrative process to approve

plans and specifications described by Subsection (a) without the

involvement of the governing body.

Sec. 3924.112. COMPLIANCE WITH MUNICIPAL CONSENT

AGREEMENT, ORDINANCE, OR RESOLUTION; ENFORCEABILITY OF AGREEMENT.

(a) The district shall comply with all applicable requirements of

an ordinance or resolution adopted by the city that consents to the

creation of the district or to the inclusion of land in the

district.

(b) Any agreement between the district and the city related

to the city's consent to the creation of the district is valid and

enforceable.

is considered to have waived sovereign immunity to suit by the city

for the purpose of adjudicating a claim for breach of an agreement

described by this section.

Sec. 3924.113. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; TAX AND

ASSESSMENT ABATEMENTS

Sec. 3924.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The

board by resolution shall establish the number of directors'

signatures and the procedure required for a disbursement or

transfer of district money.

Sec. 3924.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.

The district may acquire, construct, finance, operate, or maintain

any improvement or service authorized under this chapter or Chapter

375, Local Government Code, using any money available to the

district.

Sec. 3924.153. ASSESSMENTS; LIENS FOR ASSESSMENTS.

(a) The board by resolution may impose and collect an assessment

for any purpose authorized by this chapter in all or any part of the

district.

(b) An assessment, a reassessment, or an assessment

resulting from an addition to or correction of the assessment roll

by the district, penalties and interest on an assessment or

reassessment, an expense of collection, and reasonable attorney's

fees incurred by the district:

(1) are a first and prior lien against the property

assessed;

(2) are superior to any other lien or claim other than

a lien or claim for county, school district, or municipal ad valorem

taxes; and

(3) are the personal liability of and a charge against

the owners of the property even if the owners are not named in the

assessment proceedings.

resolution imposing the assessment until the date the assessment is

paid. The board may enforce the lien in the same manner that the

board may enforce an ad valorem tax lien against real property.

(d) The board may make a correction to or deletion from the

assessment roll that does not increase the amount of assessment of

any parcel of land without providing notice and holding a hearing in

the manner required for additional assessments.

Sec. 3924.154. RESIDENTIAL PROPERTY NOT EXEMPT. Section

375.161, Local Government Code, does not apply to a tax authorized

or approved by the voters of the district or a required payment for

a service provided by the district, including water and sewer

services.

Sec. 3924.155. TAX AND ASSESSMENT ABATEMENTS. The district

may designate reinvestment zones and may grant abatements of

district taxes or assessments on property in the zones.

SUBCHAPTER E. TAXES AND BONDS

Sec. 3924.201. ELECTIONS REGARDING TAXES AND BONDS.

(a) The district may issue, without an election, bonds, notes, and

other obligations secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments described by Section 3924.203.

(b) The district must hold an election in the manner

provided by Subchapter L, Chapter 375, Local Government Code, to

obtain voter approval before the district may impose an ad valorem

tax or issue bonds payable from ad valorem taxes.

to the district.

(d) All or any part of any facilities or improvements that

may be acquired by a district by the issuance of its bonds may be

submitted as a single proposition or as several propositions to be

voted on at the election.

Sec. 3924.202. OPERATION AND MAINTENANCE TAX. (a) If

authorized by a majority of the district voters voting at an

election held in accordance with Section 3924.201, the district may

impose an operation and maintenance tax on taxable property in the

district in accordance with Section 49.107, Water Code, for any

district purpose, including to:

(1) maintain and operate the district;

(2) construct or acquire improvements; or

(3) provide a service.

(b) The board shall determine the tax rate. The rate may not

exceed the rate approved at the election.

Sec. 3924.203. CONTRACT TAXES. (a) In accordance with

Section 49.108, Water Code, the district may impose a tax other than

an operation and maintenance tax and use the revenue derived from

the tax to make payments under a contract after the provisions of

the contract have been approved by a majority of the district voters

voting at an election held for that purpose.

(b) A contract approved by the district voters may contain a

provision stating that the contract may be modified or amended by

the board without further voter approval.

Sec. 3924.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS

AND OTHER OBLIGATIONS. (a) The district may borrow money on terms

determined by the board. Section 375.205, Local Government Code,

does not apply to a loan, line of credit, or other borrowing from a

bank or financial institution secured by revenue other than ad

valorem taxes.

(b) The district may issue bonds, notes, or other

obligations payable wholly or partly from ad valorem taxes,

assessments, impact fees, revenue, contract payments, grants, or

other district money, or any combination of those sources of money,

to pay for any authorized district purpose.

bonds, notes, and other obligations provided by Section 49.4645,

Water Code, does not apply to the district.

Sec. 3924.205. TAXES FOR BONDS. At the time the district

issues bonds payable wholly or partly from ad valorem taxes, the

board shall provide for the annual imposition of a continuing

direct annual ad valorem tax, without limit as to rate or amount,

for each year that 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. 3924.206. CITY NOT REQUIRED TO PAY DISTRICT

OBLIGATIONS. Except as provided by Section 375.263, Local

Government Code, the city is not required to pay a bond, note, or

other obligation of the district.

SECTION 2. The Onion Creek Metro Park District initially

includes all territory contained in the following area:

A DESCRIPTION OF 701.655 ACRES IN THE SANTIAGO DEL VALLE

GRANT, TRAVIS COUNTY, TEXAS, CONSISTING OF:

A PORTION OF A 679.66 ACRE TRACT AND A 0.805 ACRE TRACT,

DESCRIBED IN A SPECIAL WARRANTY DEED TO MVE VENTURE, LTD. DATED MAY

2, 2005 AND RECORDED IN DOCUMENT NO. 2005078856 OF THE OFFICIAL

PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;

ALL OF A 22.818 ACRE TRACT DESCRIBED IN A SPECIAL

WARRANTY DEED TO M.V.E. VENTURE DATED DECEMBER 28, 1989 AND

RECORDED IN VOLUME 11093, PAGE 219 OF THE REAL PROPERTY RECORDS OF

TRAVIS COUNTY, TEXAS;

ALL OF A 175.00 ACRE TRACT DESCRIBED IN A SPECIAL

WARRANTY DEED TO BENCHMARK LAND DEVELOPMENT, INC. DATED MAY 02,

2005 AND RECORDED IN DOCUMENT NO. 2005078857 OF THE OFFICIAL PUBLIC

RECORDS OF TRAVIS COUNTY, TEXAS;

ALL OF AN 85.600 ACRE TRACT DESCRIBED IN A CASH WARRANTY

DEED TO AUSTIN GOODNIGHT RANCH, L.P. DATED JUNE 30, 2006 AND

RECORDED IN DOCUMENT NO. 2006197891 OF THE OFFICIAL PUBLIC RECORDS

OF TRAVIS COUNTY, TEXAS;

ALL OF A 26.519 ACRE TRACT AND A 2.495 ACRE TRACT, BOTH

DESCRIBED IN A SPECIAL WARRANTY DEED TO GOODNIGHT RANCH L.P., DATED

MAY 26, 2006 AND RECORDED IN DOCUMENT NO. 2006099945 OF THE OFFICIAL

PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;

ALL OF A 0.023 ACRE TRACT DESCRIBED IN A SPECIAL

WARRANTY DEED TO GOODNIGHT RANCH, L.P. AND RECORDED IN DOCUMENT NO.

2007076804 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;

ALL OF VERTEX BOULEVARD (70' RIGHT-OF-WAY WIDTH)

DESCRIBED IN DOCUMENT NO. 200800081 OF THE OFFICIAL PUBLIC RECORDS

OF TRAVIS COUNTY, TEXAS;

ALL OF A 2.031 ACRE TRACT DESCRIBED IN A SPECIAL

WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P., DATED JANUARY 31,

2006 AND RECORDED IN DOCUMENT NO. 2006022592 OF THE OFFICIAL PUBLIC

RECORDS OF TRAVIS COUNTY, TEXAS;

ALL OF A 6.125 ACRE TRACT DESCRIBED IN A SPECIAL

WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P., DATED MARCH 18, 2011

AND RECORDED IN DOCUMENT NO. 2011035151 OF THE OFFICIAL PUBLIC

RECORDS OF TRAVIS COUNTY, TEXAS;

ALL OF A 6.658 ACRE TRACT DESCRIBED IN A SPECIAL

WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P. DATED JUNE 29, 2007

AND RECORDED IN DOCUMENT NO. 2007211337 OF THE OFFICIAL PUBLIC

RECORDS OF TRAVIS COUNTY, TEXAS;

ALL OF A 0.828 ACRE TRACT DESCRIBED IN A GENERAL

WARRANTY DEED TO TRAVIS COUNTY, TEXAS, DATED AUGUST 9, 2011 AND

DESCRIBED IN DOCUMENT NO. 2011118719 OF THE OFFICIAL PUBLIC RECORDS

OF TRAVIS COUNTY, TEXAS;

ALL OF SLAUGHTER LANE EAST DESCRIBED IN DOCUMENT NO.

2007094816 AND DOCUMENT NO. 2010044359 OF THE OFFICIAL PUBLIC

RECORDS OF TRAVIS COUNTY, TEXAS;

ALL OF A 24.529 ACRE TRACT DESCRIBED IN A SPECIAL

WARRANTY DEED WITH VENDOR'S LIEN TO AUSTIN GOODNIGHT RANCH, L.P.,

DATED APRIL 4, 2011 AND RECORDED IN DOCUMENT NO. 2011053055 OF THE

OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;

ALL OF A 0.144 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL

WARRANTY DEED TO AUSTIN GOODNIGHT RANCH, L.P. DATED APRIL 14, 2011

AND RECORDED IN DOCUMENT NO. 2011053054 OF THE OFFICIAL PUBLIC

RECORDS OF TRAVIS COUNTY, TEXAS;

SAID 701.655 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES

AND BOUNDS AS FOLLOWS:

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

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

Volume 45, Page 13 of the Plat Records of Travis County, Texas;

THENCE with the north right-of-way line of Old Lockhart

Highway and the south line of the 679.66 acre tract the following

ten (10) courses and distances:

1. North 52°14'14" West, a distance of 88.15 feet to a 1/2" rebar

found;

2. North 41°41'09" West, a distance of 711.88 feet to a 1/2" iron

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.

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.

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 1872 passed the Senate on

May 2, 2013, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 1872 passed the House on

May 17, 2013, by the following vote: Yeas 134, Nays 0, two

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor