88R6264 ANG-F
 
  By: Gerdes H.B. No. 5322
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration, powers, territory, and financing of
  the Garfield Municipal Utility District No. 1.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 776, Acts of the 78th Legislature,
  Regular Session, 2003, is amended by adding Section 5A to read as
  follows:
         SECTION 5A.  EXCLUDED LAND. The following land is excluded
  from the territory of the district:
         Approximately 402.839 acres of land, consisting of the
  following tracts:
         Tract 1: a 267.792 acre portion of that parcel of land
  described by metes and bounds in Section 15(g) of this Act;
         Tract 2: being a 135.047 acre portion of that parcel of land
  described by metes and bounds in Section 15(h) of this Act.
         SECTION 2.  Chapter 776, Acts of the 78th Legislature,
  Regular Session, 2003, is amended by adding Sections 7A, 7B, 7C, 7D,
  and 7E to read as follows:
         SECTION 7A.  AUTHORITY FOR ROAD PROJECTS. Under Section 52,
  Article III, Texas Constitution, the district may design, acquire,
  construct, finance, issue bonds for, improve, operate, maintain,
  and convey to this state, a county, or a municipality for operation
  and maintenance macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         SECTION 7B.  ROAD STANDARDS AND REQUIREMENTS. (a) A road
  project must meet all applicable construction standards, zoning and
  subdivision requirements, and regulations of each municipality in
  whose corporate limits or extraterritorial jurisdiction the road
  project is located.
         (b)  If a road project is not located in the corporate limits
  or extraterritorial jurisdiction of a municipality, the road
  project must meet all applicable construction standards,
  subdivision requirements, and regulations of each county in which
  the road project is located.
         (c)  If the state will maintain and operate the road, the
  Texas Transportation Commission must approve the plans and
  specifications of the road project.
         SECTION 7C.  AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS
  FOR ROAD PROJECTS.  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 a road project
  authorized by Section 7A of this Act. 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.
         SECTION 7D.  TAXES FOR ROAD PROJECT BONDS. At the time the
  district issues bonds payable wholly or partly from ad valorem
  taxes for a road project authorized by Section 7A of this Act, 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.
         SECTION 7E.  ELECTIONS REGARDING ROAD PROJECT BONDS. 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.
         SECTION 3.  Section 11(a), Chapter 776, Acts of the 78th
  Legislature, Regular Session, 2003, is amended to read as follows:
         (a)  The temporary board consists of:
               (1)  C. T. Granger III [Ricky Turner];
               (2)  Nathan L. Kennedy [John Lefner];
               (3)  Jason Howell Levine [Tom Granger];
               (4)  David Gonzalez [Allen Williams]; and
               (5)  William J. Murphy [Elroy Williams].
         SECTION 4.  Section 12, Chapter 776, Acts of the 78th
  Legislature, Regular Session, 2003, is amended to read as follows:
         SECTION 12.  CONFIRMATION AND INITIAL DIRECTORS ELECTION.
  The [(a) Not later than the fourth anniversary of the effective
  date of this Act, the] temporary board shall hold an election to
  confirm establishment of the district and to elect five initial
  directors as provided by Section 49.102, Water Code.
         [(b)  Section 41.001(a), Election Code, does not apply to a
  confirmation and initial directors election held under this
  section.]
         SECTION 5.  Section 15, Chapter 776, Acts of the 78th
  Legislature, Regular Session, 2003, is amended by adding
  Subsections (g) and (h) to read as follows:
         (g)  FIELD NOTES FOR A 267.792 ACRE TRACT OF LAND OUT OF THE
  REUBEN GAGE SURVEY, ABSTRACT NO. 31, BASTROP COUNTY, TEXAS; BEING
  ALL OF A CALLED 261.430 ACRE TRACT OF LAND DESCRIBED AS TRACT 1 AS
  CONVEYED TO CTX HWY 21, LP BY WARRANTY DEED WITH VENDOR'S LIEN
  RECORDED IN DOCUMENT NUMBER 202216695 OF THE OFFICIAL PUBLIC
  RECORDS OF BASTROP COUNTY, TEXAS, BEING ALL OF A CALLED 6.362 ACRE
  TRACT OF LAND AS CONVEYED TO CTX HWY 21, LP BY SPECIAL WARRANTY DEED
  100' ROW RECORDED IN DOCUMENT NUMBER 202221197 OF THE OFFICIAL
  PUBLIC RECORDS OF BASTROP COUNTY, TEXAS, BEING A PORTION OF A
  100-FOOT WIDE UNIMPROVED RIGHT-OF-WAY AS DEDICATED BY VOLUME 427,
  PAGE 848 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS,
  AND BEING A PORTION OF LOTS 7, 8, 10 AND 11 OF MARK YOUNG RANCH, A
  SUBDIVISION AS REFERENCED IN VOLUME 52, PAGE 351 OF THE DEED RECORDS
  OF BASTROP COUNTY, TEXAS; SAID 267.792 ACRES OF LAND BEING MORE
  PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
         BEGINNING at a 1/2-inch iron rod with cap stamped "BGE Inc"
  set on the southeast line of THE RANCH, a subdivision recorded in
  Cabinet 1, Page 74-B of the Plat Records of Bastrop County, Texas,
  at the most westerly corner of the above described CTX HWY 21 Tract
  1, and at the most northerly corner of a called 100.842 acre tract
  of land described as Tract 1 as conveyed to Cedar Creek East LP by
  Special Warranty Deed recorded in Document Number 202114074 of the
  Official Public Records of Bastrop County, Texas, for the most
  westerly corner of the herein described tract, from which a found
  1/2-inch iron rod bears N 46°52'57" W a distance of 2.59 feet, and
  from which a found 1/2-inch iron pipe bears S 43°03'13" W a distance
  of 321.19 feet;
         THENCE, with a northwest line of said CTX HWY 21 Tract 1 and
  the southeast line of said THE RANCH, N 43°08'04" E a distance of
  314.84 feet to a 1/2-inch iron rod with cap stamped "BGE Inc" set at
  an exterior corner of said CTX HWY 21 Tract 1, and at the most
  westerly corner of a called 135.047 acre tract of land described as
  Tract 2 as conveyed to CTX SPE 4, LP by Warranty Deed with Vendor's
  Lien recorded in said Document Number 202216695 of the Official
  Public Records of Bastrop County, Texas, for an exterior corner of
  the herein described tract, from which a 1/2-inch iron rod with cap
  stamped "BGE Inc" set at the most easterly corner of said THE RANCH,
  at the most southerly corner of FOREST LAKES, a subdivision
  recorded in Cabinet 1, Page 164-A of the Plat Records of Bastrop
  County, Texas, and at the most southerly terminus of Lakeview Drive
  (50 feet wide) as dedicated by said FOREST LAKES, bears
  N 43°08'04" E a distance of 204.63 feet;
         THENCE, departing the southeast line of said THE RANCH, with
  the north line of said CTX HWY 21 Tract 1 and the south line of said
  CTX SPE 4 Tract, the following six (6) courses:
  (1)  S 84°51'25" E a distance of 407.47 feet to a 1/2-inch iron rod
  with cap stamped "BGE Inc" set for an angle point;
  (2)  N 77°52'25" E a distance of 373.22 feet to a 1/2-inch iron rod
  with cap stamped "BGE Inc" set for an angle point;
  (3)  N 27°47'35" E a distance of 215.08 feet to a 1/2-inch iron rod
  with cap stamped "BGE Inc" set for an exterior corner of said CTX
  HWY 21 Tract 1, and at an interior corner of said CTX SPE 4 Tract,
  for an exterior corner of the herein described tract;
  (4)  S 62°12'25" E a distance of 1,071.49 feet to a 1/2-inch iron rod
  with cap stamped "BGE Inc" set for an interior corner of said CTX
  HWY 21 Tract 1, and at an exterior corner of said CTX SPE 4 Tract,
  for an interior corner of the herein described tract;
  (5)  N 60°51'43" E a distance of 490.04 feet to a 1/2-inch iron rod
  with cap stamped "BGE Inc" set for an angle point; and
  (6)  N 43°03'50" E a distance of 2,814.94 feet to a 1/2-inch iron rod
  with cap stamped "BGE Inc" set on the southwest line of THOUSAND
  OAKS, a subdivision recorded in Cabinet 1, Page 129-A of the Plat
  Records of Bastrop County, Texas, at the most northerly corner of
  said CTX HWY 21 Tract 1, and at the most easterly corner of said CTX
  SPE 4 Tract, for the most northerly corner of the herein described
  tract, from which a 1/2-inch iron rod found at the most southerly
  corner of Lot 53 and the most westerly corner of Lot 52, both of said
  THOUSAND OAKS, bears N 47°03'28" W a distance of 206.43 feet;
         THENCE, with the northeast line of said CTX HWY 21 Tract 1 and
  the southwest line of said THOUSAND OAKS, S 47°03'28" E a distance
  of 1,016.21 feet to a 3/8-inch iron rod found at the most southerly
  corner of Lot 48 and the most westerly corner of Lot 47, both of said
  THOUSAND OAKS, for an angle point;
         THENCE, continuing with the northeast line of said CTX HWY 21
  Tract 1 and the southwest line of said THOUSAND OAKS and partly with
  the southwest line of AMENDED PLAT OF LOT 46 AND PORTION OF LOT 47,
  THOUSAND OAKS, a subdivision recorded in Cabinet 6, Sheet 28A of the
  Plat Records of Bastrop County, Texas, S 46°46'54" E a distance of
  770.36 feet to a 3/8-inch iron rod found for an angle point;
         THENCE, continuing with the northeast line of said CTX HWY 21
  Tract 1 and the southwest line of said AMENDED PLAT OF LOT 46 AND
  PORTION OF LOT 47, THOUSAND OAKS, S 46°27'13" E a distance of 342.84
  feet to a fence post found at the most easterly corner of said CTX
  HWY 21 Tract 1, and at the most northerly corner of a called 587.274
  acre tract of land described as Tract 3 as conveyed to Cedar Creek
  East LP by Special Warranty Deed recorded in said Document Number
  202114074 and Correction Instruments as to a Recorded Original
  Instrument recorded in Document Numbers 202216447 and 202216495,
  all of the Official Public Records of Bastrop County, Texas, for the
  most easterly corner of the herein described tract, from which a
  1/2-inch iron rod found at the most southerly corner of said AMENDED
  PLAT OF LOT 46 AND PORTION OF LOT 47, THOUSAND OAKS, bears
  S 46°52'02" E a distance of 1,345.39 feet;
         THENCE, generally along a fence, with the southeast line of
  said CTX HWY 21 Tract 1 and the northwest line of said Cedar Creek
  East Tract 3, S 42°54'02" W a distance of 4,643.68 feet to a
  1/2-inch iron rod found at the most southerly corner of said CTX HWY
  21 Tract 1, and at the most easterly corner of a called 121.000 acre
  tract of land described as Tract 2 as conveyed to Cedar Creek East
  LP by Special Warranty Deed recorded in said Document Number
  202114074 of the Official Public Records of Bastrop County, Texas,
  for the most southerly corner of the herein described tract, from
  which a found 3/8-inch iron rod bears N 38°41'24" W a distance of
  0.68 feet, and from which a 1/2-inch iron rod with cap stamped "BGE
  Inc" found on the north line of a called 141.079 acre tract of land
  as conveyed to NEU Community Creekside LLC by Special Warranty Deed
  recorded in Document Number 202207532 of the Official Public
  Records of Bastrop County, Texas, at a common corner of the
  remainders of said Cedar Creek East Tract 2 and said Cedar Creek
  East Tract 3, bears S 43°02'33" W a distance of 2,032.33 feet;
         THENCE, generally along a fence, with the southwest line of
  said CTX HWY 21 Tract 1 and the northeast line of said Cedar Creek
  East Tract 2, N 46°52'57" W, pass a 1/2-inch iron rod with cap
  stamped "BGE Inc" set on the south line of said 100-foot wide
  unimproved right-of-way, at an exterior corner of said CTX HWY 21
  Tract 1, at the most southerly corner of the above described CTX HWY
  21 6.362 acre tract, and at the northeast corner of said Cedar Creek
  East Tract 2 at a distance of 476.83 feet, and continuing on
  generally along a fence, with the southwest line of said CTX HWY 21
  6.362 acre tract and over and across said 100-foot wide unimproved
  right-of-way, pass a 1/2-inch iron rod with cap stamped "BGE Inc"
  set on the north line of said 100-foot wide unimproved
  right-of-way, at an exterior corner of said CTX HWY 21 Tract 1, at
  the most westerly corner of said CTX HWY 21 6.362 acre tract, and at
  the most easterly corner of said Cedar Creek East Tract 1 at a
  distance of 588.33 feet, and continuing on generally along a fence,
  with the southwest line of said CTX HWY 21 Tract 1 and the northeast
  line of said Cedar Creek East Tract 1 for a total distance of
  3,804.30 feet to the POINT OF BEGINNING and containing 267.792
  acres of land, more or less.
         (h)  FIELD NOTES FOR A 135.047 ACRE TRACT OF LAND OUT OF THE
  REUBEN GAGE SURVEY, ABSTRACT NO. 31, THE HIRAM BEALES SURVEY,
  ABSTRACT NO. 12, AND THE ISAAC LINDSEY SURVEY, ABSTRACT NO. 226, ALL
  OF BASTROP COUNTY, TEXAS; BEING A PORTION OF A CALLED 808.872 ACRE
  TRACT OF LAND AS CONVEYED TO FREDDIE WAYNE HOSKINS, TRUSTEE OF THE
  HOSKINS GRANTOR RETAINED ANNUITY TRUST BY WARRANTY DEED RECORDED IN
  DOCUMENT NUMBER 200411085 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP
  COUNTY, TEXAS, AND BEING A PORTION OF LOT 7 AND LOT 10 OF MARK YOUNG
  RANCH, A SUBDIVISION AS REFERENCED IN VOLUME 52, PAGE 351 OF THE
  DEED RECORDS OF BASTROP COUNTY, TEXAS; SAID 135.047 ACRES OF LAND
  BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
         BEGINNING at a 1/2-inch iron rod found on the northwest line
  of the above described Hoskins Tract and the southwest right-of-way
  line of Privada Drive (50 feet wide) as shown on the plat of
  ESCONDIDO, a subdivision recorded in Cabinet 1, Page 66-A of the
  Plat Records of Bastrop County, Texas, at the most easterly corner
  of Lot 20 of said ESCONDIDO, for the most northerly corner and POINT
  OF BEGINNING of the herein described tract;
         THENCE, leaving the southeast line of said ESCONDIDO, over
  and across said Hoskins Tract and with the apparent southwest
  right-of-way line of said Privada Drive, S 47°24'40" E a distance of
  31.39 feet to a 1/2-inch iron rod with cap stamped "BGE Inc" set on a
  southeast line of said Hoskins Tract and the northwest line of
  THOUSAND OAKS, a subdivision recorded in Cabinet 1, Page 129-A of
  the Plat Records of Bastrop County, Texas, at the intersection with
  the southeast right-of-way line of Elm Forest Loop (called 12 varas
  wide) as recorded in Volume 55, Page 223 of the Deed Records of
  Bastrop County, Texas, and as shown on said ESCONDIDO and said
  THOUSAND OAKS, for an exterior corner of the herein described
  tract;
         THENCE, with a southeast line of said Hoskins Tract and the
  northwest line of said THOUSAND OAKS, S 43°23'38" W a distance of
  65.41 feet to a 1/2-inch iron rod found at an interior corner of
  said Hoskins Tract, and at the most westerly corner of said THOUSAND
  OAKS, for an interior corner of the herein described tract;
         THENCE, with the northeast line of said Hoskins Tract and the
  southwest line of said THOUSAND OAKS, S 46°56'10" E a distance of
  1,427.18 feet to a 1/2-inch iron rod found at the most southerly
  corner of Lot 53 and the most westerly corner of Lot 52, both of said
  THOUSAND OAKS, for an angle point;
         THENCE, continuing with the northeast line of said Hoskins
  Tract and the southwest line of said THOUSAND OAKS, S 47°03'28" E a
  distance of 206.43 feet to a 1/2-inch iron rod with cap stamped "BGE
  Inc" set for the most easterly corner of the herein described tract,
  from which a 3/8-inch iron rod found at the most southerly corner of
  Lot 48 and the most westerly corner of Lot 47, both of said THOUSAND
  OAKS, bears S 47°03'28" E a distance of 1,016.21 feet;
         THENCE, leaving the southwest line of said THOUSAND OAKS,
  over and across said Hoskins Tract, S 43°03'50" W a distance of
  2,814.94 feet to a 1/2-inch iron rod with cap stamped "BGE Inc" set
  for an angle point;
         THENCE, continuing over and across said Hoskins Tract,
  S 60°51'43" W a distance of 490.04 feet to a 1/2-inch iron rod with
  cap stamped "BGE Inc" set for the most southerly corner of the
  herein described tract;
         THENCE, continuing over and across said Hoskins Tract,
  N 62°12'25" W a distance of 1,071.49 feet to a 1/2-inch iron rod
  with cap stamped "BGE Inc" set for an interior corner of the herein
  described tract;
         THENCE, continuing over and across said Hoskins Tract,
  S 27°47'35" W a distance of 215.08 feet to a 1/2-inch iron rod with
  cap stamped "BGE Inc" set for an angle point;
         THENCE, continuing over and across said Hoskins Tract,
  S 77°52'25" W a distance of 373.22 feet to a 1/2-inch iron rod with
  cap stamped "BGE Inc" set for an angle point;
         THENCE, continuing over and across said Hoskins Tract,
  N 84°51'25" W a distance of 407.47 feet to a 1/2-inch iron rod with
  cap stamped "BGE Inc" set on the northwest line of said Hoskins
  Tract and the southeast line of Lot 22, THE RANCH, a subdivision
  recorded in Cabinet 1, Page 74-B of the Plat Records of Bastrop
  County, Texas, for the most westerly corner of the herein described
  tract, from which a 1/2-inch iron rod with cap stamped "BGE Inc" set
  at the most westerly corner of said Hoskins Tract, and at the most
  northerly corner of a called 100.842 acre tract of land described as
  Tract 1 as conveyed to Cedar Creek East LP by Special Warranty Deed
  recorded in Document Number 202114074 of the Official Public
  Records of Bastrop County, Texas, bears S 43°08'04" W a distance of
  314.84 feet;
         THENCE, with the northwest line of said Hoskins Tract and the
  southeast line of said THE RANCH, N 43°08'04" E a distance of 204.63
  feet to a 1/2-inch iron rod with cap stamped "BGE Inc" set at the
  most easterly corner of said THE RANCH, at the most southerly corner
  of FOREST LAKES, a subdivision recorded in Cabinet 1, Page 164-A of
  the Plat Records of Bastrop County, Texas, and at the most southerly
  terminus of Lakeview Drive (50 feet wide) as dedicated by said
  FOREST LAKES, for an angle point, from which a found flagged
  3/8-inch iron rod extruding from the ground bears N 38°18'55" W a
  distance of 2.42 feet;
         THENCE, continuing with the northwest line of said Hoskins
  Tract, S 84°13'54" E a distance of 34.74 feet to 1/2-inch iron rod
  with cap stamped "BGE Inc" set at an angle point, from which a found
  flagged t-post bears N 40°56'38" W a distance of 2.76 feet;
         THENCE, continuing with the northwest line of said Hoskins
  Tract, N 42°44'59" E a distance of 1,113.08 feet to a 1/2-inch iron
  rod found at the most southerly corner of said ESCONDIDO, for an
  angle point;
         THENCE, continuing with the northwest line of said Hoskins
  Tract and the southeast line of said ESCONDIDO the following eight
  (8) courses:
  (1)  N 43°11'44" E a distance of 720.41 feet to an 8-foot tall
  10-inch by 10-inch concrete pillar found at the most easterly
  corner of Lot 39 of said ESCONDIDO, and at the most southerly
  terminus of Escondido Drive (50 feet wide) as dedicated by said
  ESCONDIDO, for an angle point;
  (2)  N 43°40'05" E a distance of 48.94 feet to a 5/8-inch iron rod
  found at the most easterly terminus of said Escondido Drive, and at
  the most southerly corner of Lot 29 of said ESCONDIDO, for an angle
  point;
  (3)  N 43°09'00" E a distance of 456.59 feet to a 5/8-inch iron rod
  found for an angle point;
  (4)  N 43°03'58" E a distance of 629.59 feet to a 1/2-inch iron rod
  found for an angle point;
  (5)  N 43°30'21" E a distance of 145.94 feet to a 1/2-inch iron rod
  found at the most easterly corner of said Lot 29, and at the most
  southerly corner of Lot 20 of said ESCONDIDO, for an angle point;
  (6)  N 43°01'51" E a distance of 681.62 feet to a 1/2-inch iron rod
  with cap stamped "BGE Inc" set for an angle point;
  (7)  N 07°13'53" E a distance of 52.30 feet to a 1/2-inch iron rod
  with cap stamped "BGE Inc" set for an angle point; and
  (8)  N 43°23'23" E a distance of 328.55 feet to the POINT OF
  BEGINNING and containing 135.047 acres of land, more or less.
         SECTION 6.  As soon as practicable after the effective date
  of this Act, the temporary board of the Garfield Municipal Utility
  District No. 1 shall hold an election to confirm the establishment
  of the district and to elect five initial directors as provided by
  Section 12, Chapter 776, Acts of the 78th Legislature, Regular
  Session, 2003, as amended by this Act.
         SECTION 7.  (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 8.  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, 2023.