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  83R19661 JSL-F
 
  By: Zaffirini, Watson S.B. No. 1872
 
 
 
A BILL TO BE ENTITLED
 
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.
         (c)  This chapter and the creation of the district may not be
  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
                     (C)  the organization of the district shall be
  maintained until all debts are paid and remaining assets are
  transferred; and
               (2)  this chapter, including Section 3924.055, expires
  September 1, 2014.
         (c)  In addition to the requirements prescribed by
  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.
         (c)  The creation of the district is in the public interest
  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).
         (c)  The board by resolution may change the number of voting
  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
 
1 Sara Partridge
 
2 Tyler Zickert
 
3 Ross Rathgeber
 
4 George Cofer
 
5 Andrea Rado Hamilton
 
6 Cile Montgomery
 
7 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.
         (c)  Section 3924.052 does not apply to this section.
         (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.
         (c)  The board shall appoint the board of directors of the
  nonprofit corporation. The board of directors of the nonprofit
  corporation shall serve in the same manner 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.
         (c)  The district may create economic development programs
  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.
         (c)  The district's parking facilities are parts of and
  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.
         (c)  If the district obtains the approval of the city's
  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.
         (c)  On the issuance of bonds by the district, the district
  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.
         (c)  The lien is effective from the date of the board's
  resolution imposing the assessment until the date the assessment is
  paid. The board may enforce the lien in the same manner that the
  board may enforce an ad valorem tax lien against real property.
         (d)  The board may make a correction to or deletion from the
  assessment roll that does not increase the amount of assessment of
  any parcel of land without providing notice and holding a hearing in
  the manner required for additional assessments.
         Sec. 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.
         (c)  Section 375.243, Local Government Code, does not apply
  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.
         (c)  The limitation on the outstanding principal amount of
  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.
         (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.