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H.B. No. 3479
AN ACT
relating to the South Buda Water Control and Improvement District
No. 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9004 to read as follows:
CHAPTER 9004. SOUTH BUDA WATER CONTROL AND IMPROVEMENT DISTRICT
NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9004.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the South Buda Water Control and
Improvement District No. 1.
Sec. 9004.002. NATURE OF DISTRICT. The district is a water
control and improvement district in Hays County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution.
Sec. 9004.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 9004.021 before September 1, 2010:
(1) the district is dissolved September 1, 2010,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Hays County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2013.
Sec. 9004.004. DISTRICT TERRITORY. (a) The district
includes the territory provided by Section 2 of the Act creating
this chapter, as that territory may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes; or
(3) the legality or operation of the board.
Sec. 9004.005. APPLICABILITY OF OTHER LAW; CONFLICTS OF
LAW. (a) Except as otherwise provided by this chapter, the
following laws apply to the district:
(1) Chapters 30, 49, and 51, including Section 51.331,
Water Code; and
(2) Chapter 441, Transportation Code, applicable to
road utility districts created under Section 52, Article III,
Texas Constitution, to the extent those provisions can apply to the
district.
(b) If a provision of Chapter 441, Transportation Code,
relating to road utility districts, conflicts with this chapter or
Chapter 30, 49, or 51, Water Code, this chapter or Chapters 30, 49,
and 51, Water Code, prevail.
[Sections 9004.006-9004.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 9004.021. CONFIRMATION ELECTION. (a) The board shall
hold an election to confirm the validation of the creation of the
district.
(b) The election shall be conducted as provided by Section
49.102, Water Code.
Sec. 9004.022. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2013.
[Sections 9004.023-9004.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. 9004.051. STREET OR SECURITY LIGHTING. The district
may purchase, install, operate, or maintain street lighting or
security lighting within public utility easements or public
rights-of-way in the district.
SECTION 2. The South Buda Water Control and Improvement
District No. 1 includes all the territory contained in the
following described area:
DESCRIPTION OF A 195.47 ACRE TRACT OF LAND SITUATED IN THE JACOB
LENTZ SURVEY NO. 32, ABSTRACT NO. 284, AND THE D. D. BURNETT SURVEY
NO. 5, ABSTRACT NO. 54, BOTH OF HAYS COUNTY, TEXAS, BEING A PART OF
THAT CERTAIN 115.351 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO
THE MEADOWS OF BUDA, LTD., OF RECORD IN VOLUME 2418, PAGE 79 OF THE
DEED RECORDS OF HAYS COUNTY, TEXAS, BEING ALSO A PART OF THAT
CERTAIN 85.24 ACRE TRACT OF LAND DESCRIBED AS EXHIBIT "A", A PART OF
THAT CERTAIN 4.64 ACRE TRACT OF LAND DESCRIBED AS EXHIBIT "C" AND
ALL OF THAT CERTAIN 6.86 ACRE TRACT OF LAND DESCRIBED AS EXHIBIT "B"
ALL IN A DEED TO THE MEADOWS AT BUDA, LTD., OF RECORD IN VOLUME 2484,
PAGE 696 OF THE DEED RECORDS OF HAYS COUNTY, TEXAS, AND BEING A PART
OF COUNTY ROAD 132, A NON-DEDICATED RIGHT-OF-WAY, SAID 195.47 ACRE
TRACT BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
COMMENCING at a ½ inch iron rod found for the northeast corner of
said 115.351 acre tract of land, being also the northwest corner of
Lot 8, Block A of Park South, Section 1 a subdivision of record in
Cabinet 8, Slides 397-399 of the Plat Records of Hays County, Texas,
being also a southeast corner of Lot 9, Block A of said Park South,
Section 1 and being the northeast corner of the herein described
tract;
THENCE S 02°31'36" E, with the east line of said 115.351 acre tract,
the west line of said Park South, Section 1 and the east line of the
herein described tract, for a distance of 1385.72 feet to a
calculated angle point;
THENCE departing the west line of said Park South, Section 1 and
over and across said 115.351 acre tract, with the east line of the
herein described tract, the following four (4) courses and
distances;
1. S 87°28'24" W for a distance of 271.77 feet to a calculated
angle point,
2. S 21°35'33" W for a distance of 34.84 feet to a calculated
angle point,
3. S 38°41'50" W for a distance of 601.56 feet to a calculated
angle point, and
4. S 02°17'01" E for a distance of 328.93 feet to a calculated
angle point being in the south line of said 115.351 acre tract and
being in the north line of said County Road 132;
THENCE N 87°41'08" E, with the south line of said 115.351 acre tract
and the north line of said County Road 132, for a distance of 108.72
feet to a calculated angle point for the southeast corner of said
115.351 acre tract and being in the west line of Interstate Highway
35, a varying width right of-way;
THENCE S 20°57'28" W, departing the south line of said 115.351 acre
tract and over and across said County Road 132, for a distance of
39.60 feet to a concrete monument found for the northeast corner of
said 4.64 acre tract of land described as Exhibit "C" and being in
the south line of said County Road 132;
THENCE S 87°32'17" W, with the south line of said County Road 132 and
the north line of said 4.64 acre tract of land described as Exhibit
"C", for a distance of 100.00 feet to a calculated angle point;
THENCE S 02°19'10" E, departing the south line of said County Road
132 and over and across said 4.64 acre tract of land described as
Exhibit "C", for a distance of 703.41 feet to a calculated angle
point in the south line of said 4.64 acre tract of land described as
Exhibit "C" and being in the north line of a remainder parcel of
that certain 122.05 acre tract of land as described in a deed to
Cecil H. Hale of record in Volume 1691, Page 883 of the Deed Records
of Hays County, Texas;
THENCE S 87°36'55" W, with the south line of said 4.64 acre tract of
land described as Exhibit "C" and the north line of a remainder
parcel of said 122.05 acre tract, for a distance of 137.42 feet to a
calculated angle point for the southwest corner of said 4.64 acre
tract of land described as Exhibit "C", being also the northeast
corner of a remainder parcel of said 122.05 acre tract, being also
the southeast corner of said 6.86 acre tract of land described as
Exhibit "B";
THENCE S 21°50'11" W, with the east line of said 6.86 acre tract of
land described as Exhibit "B" and the west line of a remainder
parcel of said 122.05 acre tract, for a distance of 696.78 feet to a
calculated angle point for the southwest corner of a remainder
parcel of said 122.05 acre tract and being in the east line of said
85.24 acre tract of land described as Exhibit "A";
THENCE S 26°39'48" W, departing the southwest corner of the
remainder of said 122.05 acre tract and over and across said 85.24
acre tract of land described as Exhibit "A" for a distance of 60.21
feet to a calculated angle point for the northwest corner of a
remainder parcel of said 122.05 acre tract;
THENCE S 21°50'11" W, with the east line of said 85.24 acre tract of
land described as Exhibit "A" and the west line of a remainder
parcel of said 122.05 acre tract, for a distance of 868.10 feet to a
calculated angle point for the southeast corner of the herein
described tract, being also the southeast corner of said 85.24 acre
tract of land described as Exhibit "A", being also the southwest
corner of a remainder parcel of said 122.05 acre tract and being in
the north line of that certain 3.310 acre tract of land described as
Tract One in a deed to J. A. Aquirrie Family Partnership, LTD., of
record in Volume 13332, Page 57 of the Deed Records of Hays County,
Texas;
THENCE S 87°59'00" W, with the south line of the herein described
tract, the south line of said 85.24 acre tract of land described as
Exhibit "A" and the north line of said 3.310 acre Tract One, for a
distance of 1401.50 feet to a calculated angle point for the
southwest corner of the herein described tract, being also the
southwest corner of said 85.24 acre tract of land described as
Exhibit "B", and being the southeast corner of that certain 0.23
acre tract of land described as Exhibit "D" in said deed to The
Meadows at Buda, LTD.;
THENCE N 01°52'52" W, with the east line of said 0.23 acre tract of
land described as Exhibit "D", the west line of the herein described
tract and the west line of said 85.24 acre tract of land described
as Exhibit "A", for a distance of 1070.12 feet to a calculated angle
point for the northeast corner of a remainder parcel of said 122.05
acre tract;
THENCE N 01°53'08" W, departing the northeast corner of a remainder
parcel of said 122.05 acre tract and over and across said 85.24 acre
tract of land described as Exhibit "A", for a distance of 75.00 feet
to a calculated angle point for the southeast corner of a remainder
parcel of said 122.05 acre tract;
THENCE N 01°37'51" W, with the west line of said 85.24 acre tract of
land described as Exhibit "A" and the east line of a remainder
parcel of said 122.05 acre tract, for a distance of 1026.22 feet to
a calculate point in the south line of said County Road 132 and
being in the north line of said 85.24 acre tract of land described
as Exhibit "A";
THENCE S 87°32'17" W, with the south line of said County Road 132 and
the north line of said 85.24 acre tract, for a distance of 182.05
feet to a calculated angle point for the northwest corner of said
85.24 acre tract and being at the intersection of the south line of
said County Road 132 and the east line of Loop 4, an 80 foot wide
right-of-way;
THENCE N 30°33'02" E, departing the north line of said 85.24 acre
tract of land described as Exhibit "A" and with the east line of
said Loop 4, for a distance of 50.53 feet to a calculated angle
point at the intersection of the north line of said County Road 132
and the east line of said Loop 4 and being the southwest corner of
the remainder parcel of that certain 320 acre tract of land as
described in a deed to John Howe of record in Volume 2482, Page 79 of
the Deed Records of Hays County, Texas;
THENCE N 87°32'17" E, with the north line of said County Road 132 and
the south line of the remainder parcel of said 320 acre tract, for a
distance of 114.35 feet to a calculated angle point for the
southeast corner of the remainder parcel of said 320 acre tract and
being the southwest corner of said 115.351 acre tract;
THENCE N 87°41'08" E, with the north line of said County Road 132 and
the south line of said 115.351 acre tract, for a distance of 313.48
feet to a calculated angle point;
THENCE N 01°50'53" W, departing the north line of said County Road
132 and over and across said 115.351 acre tract, for a distance of
1426.35 feet to a calculate point for the most westerly corner of
the herein described tract, being also in a north line of said
115.351 acre tract and being in the south line of that certain 1.50
acre tract of land as described in a deed to Jimmy R. Brewington of
record in Volume 248, Page 763 of the Deed Records of Hays County,
Texas;
THENCE N 87°26'16" E, with the north line of the herein described
tract, a north line of said 115.351 acre tract and the south line of
said 1.50 acre tract, for a distance of 1204.05 feet to a ½ inch iron
rod found for the southeast corner of that certain 20.50 acre tract
of land as described in a deed to Houston GBC, LTD., of record in
Volume 2554, Page 256 of the Deed Records of Hays County, Texas;
THENCE N 02°28'52" W, with a west line of the herein described tract,
a west line of said 115.351 acre tract and the east line of said
20.50 acre tract, for a distance of 767.88 feet to a ½ inch iron rod
found for the northeast corner of said 20.50 acre tract, being also
the most northerly northwest corner of said 115.351 acre tract,
being also the most northerly northwest corner of the herein
described tract and being in the south line of that certain 198.26
acre tract of land as described in a deed to Penbur Farms, Inc., of
record in Volume 1093, Page 278 of the Deed Records of Hays County,
Texas;
THENCE N 87°33'08" E, with the north line of the herein described
tract, the north line of said 115.351 acre tract and the south line
of said 198.26 acre tract, for a distance of 1307.63 feet to an iron
pipe found for the southeast corner of said 198.26 acre tract, being
also the southwest corner of said Lot 9, Block A of said Park South,
Section 1 and being an angle point in the north line of said 115.351
acre tract;
THENCE N 88°27'00" E, continuing with the north line of said 115.351
acre tract and with the south line of said Lot 9, Block A, for a
distance of 75.73 feet to the POINT OF BEGINNING and containing
195.47 acres of land.
SECTION 3. The creation of the South Buda Water Control and
Improvement District No. 1 by the Hays County Commissioners Court
on January 25, 2005, is validated.
SECTION 4. (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 5. 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3479 was passed by the House on May
13, 2005, by the following vote: Yeas 142, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3479 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor