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S.B. No. 1836
AN ACT
relating to the creation of the Pflugerville Municipal Management
District No. 1; providing authority to impose a tax and issue bonds.
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 3852 to read as follows:
CHAPTER 3852. PFLUGERVILLE MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3852.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Pflugerville Municipal
Management District No. 1.
Sec. 3852.002. PFLUGERVILLE MUNICIPAL MANAGEMENT DISTRICT
NO. 1. The Pflugerville Municipal Management District No. 1 is a
special district created under Section 59, Article XVI, Texas
Constitution.
Sec. 3852.003. 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 Travis
County, the City of Pflugerville, 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 Travis County or the City of Pflugerville
from providing the level of services provided as of September 1,
2005, to the area in the district or to release the county or the
city from the obligations of each entity to provide services to that
area. The district is created to supplement and not to supplant the
county or city services provided in the area in the district.
Sec. 3852.004. 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:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district and of the public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the area as a community
and business center; and
(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 and
aesthetic beauty.
(e) Hike and bike trails, pedestrian ways along or across a
street, whether at grade or above or below the surface, and street
lighting, street landscaping, and street art objects are parts of
and necessary components of a street and are considered to be a
street or road improvement in accordance with Section 52, Article
III, Texas Constitution.
(f) The district may 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. 3852.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act enacting
this chapter, as that territory may have been modified under:
(1) Section 3852.110;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district 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 bond for a purpose for
which the district is created or to pay the principal of and
interest on the bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3852.006. 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 increment reinvestment zone created by the
City of Pflugerville under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by the
City of Pflugerville under Chapter 312, Tax Code; or
(3) an enterprise zone created by the City of
Pflugerville under Chapter 2303, Government Code.
Sec. 3852.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3852.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3852.009-3852.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3852.051. GOVERNING BODY; TERMS. The district is
governed by a board of five directors who serve staggered terms of
four years.
Sec. 3852.052. COMPENSATION. A director is entitled to
compensation as provided by Section 49.060, Water Code.
Sec. 3852.053. ADDITIONAL QUALIFICATIONS. (a) A person is
eligible for appointment to the board if:
(1) the person:
(A) owns land in the City of Pflugerville subject
to taxation; or
(B) is registered to vote in the City of
Pflugerville; and
(2) the appointment of the person under this section
does not result in more than two directors who were eligible solely
under this section and not Section 375.063, Local Government Code.
(b) Section 375.063, Local Government Code, does not apply
to a director appointed under Subsection (a).
Sec. 3852.054. APPOINTMENT OF DIRECTORS. (a) The mayor
and members of the governing body of the City of Pflugerville shall
appoint directors from persons recommended by the board. A person
is appointed if a majority of the members and the mayor vote to
appoint the person.
(b) A person may not be appointed to the board if the
appointment of that person would result in fewer than two-thirds of
the directors residing in the City of Pflugerville.
Sec. 3852.055. NONVOTING DIRECTORS. (a) The following
persons serve as nonvoting directors:
(1) the directors of the parks and recreation,
planning and development, and public works departments of the City
of Pflugerville;
(2) the chief of police of the City of Pflugerville;
(3) the executive director of any development
corporation in the City of Pflugerville;
(4) the president of each institution of higher
learning located in the district; and
(5) the fire chief of any emergency services district
in the City of Pflugerville.
(b) If a city department described by Subsection (a) is
consolidated, renamed, or changed, the board may appoint a director
of the consolidated, renamed, or changed department as a nonvoting
director. If a city department described by Subsection (a) is
abolished, the board may appoint a representative of another
department of the City of Pflugerville that performs duties
comparable to those performed by the abolished department.
Sec. 3852.056. CONFLICTS OF INTEREST. (a) Except as
provided by this section:
(1) a director may participate in all board votes and
decisions; and
(2) Chapter 171, Local Government Code, governs
conflicts of interest of directors.
(b) Section 171.004, Local Government Code, does not apply
to the district. A director who has a substantial interest in a
business or charitable entity that will receive a pecuniary benefit
from a board action shall file an affidavit with the board secretary
declaring the interest. Another affidavit is not required if the
director's interest changes.
(c) After the affidavit is filed, the director may
participate in a discussion or vote on that action if:
(1) a majority of the directors have a similar
interest in the same entity; or
(2) all other similar business or charitable entities
in the district will receive a similar pecuniary benefit.
(d) A director who is also an officer or employee of a
political subdivision may not participate in a discussion of or
vote on a matter regarding a contract with that same political
subdivision.
(e) For purposes of this section, a director has a
substantial interest in a charitable entity in the same manner that
a person would have a substantial interest in a business entity
under Section 171.002, Local Government Code.
Sec. 3852.057. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors: Pos. No. Name of Director
1 Tim Timmerman
2 David Seeker
3 Elaine Hebert
4 John Franklin
5 Beverly Burk
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 3 expire June 1, 2009, and the
terms of directors appointed for positions 4 and 5 expire June 1,
2007.
(c) Section 3852.054 does not apply to this section.
(d) This section expires September 1, 2009.
[Sections 3852.058-3852.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3852.101. ADDITIONAL DISTRICT POWERS. The district
may exercise the powers given to a corporation created under
Section 4A or 4B, Development Corporation Act of 1979 (Article
5190.6, Vernon's Texas Civil Statutes).
Sec. 3852.102. EXERCISE OF POWERS OUTSIDE DISTRICT. The
district may exercise its powers in an area outside the district if
the board determines that exercising those powers benefits the
district.
Sec. 3852.103. 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 for purposes of
this chapter to be a local government corporation created under
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.
(d) 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 Chapter 431, Transportation
Code.
Sec. 3852.104. RECLAMATION PROJECT. The district may own,
operate, or maintain a reclamation project.
Sec. 3852.105. AGREEMENTS; GRANTS; DONATIONS. (a) The
district may enter into an agreement with or accept a donation,
grant, or loan from any person.
(b) A municipality, county, or other political subdivision
of this state, or a nonprofit corporation, without further
authorization, may contract with the district for:
(1) the acquisition, construction, improvement,
implementation, maintenance, and operation of a district project;
or
(2) the provision of a service authorized under this
chapter.
(c) A contract under Subsection (b) may:
(1) be for a period and include terms on which the
parties agree;
(2) be payable from taxes or any other source of
revenue that may be available for that purpose; and
(3) provide terms under which taxes or other revenues
collected at a district project or from a person using or purchasing
a commodity or service at a district project may be paid or rebated
to the district.
(d) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
(e) To the extent of any conflict between this section and
any other law, including a charter of a home-rule municipality,
this section controls.
(f) The district, the City of Pflugerville, Travis County,
or another political subdivision may use another law to the extent
convenient or necessary to carry out any power or authority,
express or implied, granted by this section.
(g) This section is wholly sufficient authority for the
execution of a contract, the imposition and pledging of taxes and
revenues to the contract, and the performance of other acts and
procedures authorized by this section, or by the district, the City
of Pflugerville, Travis County, and any other political subdivision
without reference to any other provision of law or any restriction
or limitation contained in those provisions, except as specifically
provided by this section.
Sec. 3852.106. ECONOMIC DEVELOPMENT PROGRAMS AND OTHER
POWERS RELATED TO PLANNING AND DEVELOPMENT. (a) 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 in the district,
including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(b) The district has all of the powers of a municipality
under Chapter 380, Local Government Code.
Sec. 3852.107. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
To protect the public interest, the district may contract with
Travis County or the City of Pflugerville for the county or city to
provide law enforcement services in the district for a fee.
Sec. 3852.108. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, does not apply to a district contract for $25,000
or less.
Sec. 3852.109. APPROVAL BY CITY OF PFLUGERVILLE. (a)
Except as provided by Subsection (b), the district must obtain
approval from the City of Pflugerville's governing body:
(1) for the issuance of a bond other than a refunding
bond;
(2) of the plans and specifications of a project to be
financed by the bond; and
(3) of the plans and specifications of any district
project related to the use of land owned by the City of
Pflugerville, an easement granted by the City of Pflugerville, or a
right-of-way of a street, road, or highway.
(b) If the district obtains approval from the City of
Pflugerville's governing body of a capital improvements budget for
a period not to exceed five years, the district may finance the
projects and issue bonds specified in the budget without further
approval from the City of Pflugerville.
Sec. 3852.110. ANNEXATION. In addition to the authority to
annex territory under Subchapter J, Chapter 49, Water Code, the
district may annex territory located in a reinvestment zone created
by the City of Pflugerville under Chapter 311, Tax Code, if the
city's governing body consents to the annexation.
[Sections 3852.111-3852.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3852.151. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or an
improvement project with assessments under this chapter unless a
written petition requesting that service or improvement is filed
with the board.
(b) The petition must be signed by the owners of a majority
of the assessed value of real property in the area of the district
that will be subject to the assessment according to the most recent
certified tax appraisal roll for Travis County.
Sec. 3852.152. 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 the district's money.
Sec. 3852.153. MAINTENANCE TAX. (a) The district may
impose an annual ad valorem tax on taxable property in the district
to maintain and operate the district and the improvements and
projects constructed or acquired by the district or to provide a
service only if:
(1) two-thirds of the directors vote in favor of
imposing the tax; and
(2) the tax is authorized at an election held in
accordance with Section 3852.156.
(b) The board shall determine the tax rate.
Sec. 3852.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter only if two-thirds of the
directors vote in favor of imposing the assessment.
(b) The board may adjust an annual assessment for a service
in accordance with an annual budget adopted by the board to provide
those services. The annual adjustment may not be more than the
original assessment unless the board provides notice and hearing.
(c) An assessment, a reassessment, or an assessment
resulting from an addition to, deletion from, 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 proceeding.
(d) 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.
Sec. 3852.155. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property of a person who provides to the public
gas, electric, telephone, sewage, or water service.
Sec. 3852.156. ELECTIONS REGARDING TAXES OR TAX BONDS. (a)
In addition to the elections required under Subchapter L, Chapter
375, Local Government Code, the district must hold an election in
the manner provided by that subchapter to obtain voter approval
before the district may:
(1) impose a maintenance tax;
(2) issue a bond payable from ad valorem taxes; or
(3) secure an agreement wholly or partly from a pledge
of ad valorem taxes.
(b) The board may submit multiple purposes in a single
proposition at an election.
(c) Section 375.243, Local Government Code, does not apply
to the district.
Sec. 3852.157. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations payable wholly or
partly from taxes, assessments, impact fees, revenue, grants,
contracts, or other money of the district, or any combination of
those sources of money, to pay for any authorized purpose of the
district.
(b) The district may issue a bond or other obligation in the
form of a bond, note, certificate of participation or other
instrument evidencing a proportionate interest in payments to be
made by the district, or other type of obligation.
(c) The district may issue a bond to refinance a public
security issued by the City of Pflugerville or to finance a district
project located outside the boundaries of the district if the board
finds that the refinancing or project wholly or partly furthers the
purposes of and benefits the district.
(d) Sections 375.208 and 375.243, Local Government Code, do
not apply to bonds or other obligations issued under this section
solely to pay for a project constructed by the City of Pflugerville
and payable wholly or partly from payments made by the City of
Pflugerville under an agreement authorized under Section 3852.105.
(e) The district may issue bonds in accordance with terms
and provisions as determined by the board, including the sale of
bonds in a manner and with terms as determined by the board. As
provided by Section 3852.007, Sections 375.202, 375.203, 375.205,
and 375.206, Local Government Code, apply to bonds issued under
this section.
(f) A bond issued under this section may be refunded or
otherwise refinanced by the issuance of refunding bonds under terms
or conditions determined by board order or resolution. A refunding
bond may be issued in an amount necessary to pay the principal and
any interest and redemption premium of bonds to be refunded, at
maturity or on any redemption date, and issued to provide for the
payment of costs incurred in connection with the refunding. A
refunding bond may be issued in any manner provided by law.
Sec. 3852.158. ECONOMIC DEVELOPMENT BONDS. The district
may issue bonds for economic development projects in accordance
with Section 52-a, Article III, Texas Constitution.
Sec. 3852.159. MUNICIPALITY NOT OBLIGATED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Sections 3852.105 and 3852.157
of this code and Section 375.263, Local Government Code, a
municipality is not obligated to pay a bond, note, or other
obligation of the district.
[Sections 3852.160-3852.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3852.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING
DEBT. (a) The board may dissolve the district regardless of
whether the district has debt. Section 375.264, Local Government
Code, does not apply to the district.
(b) If the district has debt when it is dissolved, the
district shall remain in existence solely for the purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
SECTION 2. As of the effective date of this Act, the
Pflugerville Municipal Management District No. 1 includes all the
territory contained within the following described area:
TRACT 1:397.2 ACRES - METES AND BOUNDS DESCRIPTION
The herein description is based on a combination of field survey
data and record information of various tracts of land located in the
John Davis Survey No. 13, the Sefrin Eiselin Survey No. 4, Abstract
No. 265, the Taylor S. Barnes Survey No. 46, Abstract No. 67 and the
William Caldwell Survey No. 66, Abstract No. 162 in Travis County,
Texas and being more particularly described by metes and bounds as
follows:
BEGINNING at a found iron rod with an aluminum cap stamped "Texas
Department of Transportation" found in the south line of a 62.474
acre remainder of a record 236.03 acre tract of land described in a
deed to Timmerman & Hagn, Ltd. recorded in Doc. No. 2004025617,
Official Public Records of Travis County, Texas (O.P.R.T.C.T.); and
situated in the Sefrin Eiselin Survey No. 4, Abstract No. 265 and
lying on the north line of a +/-133 acre remainder of a 296.72 acre
tract described in a deed to Timmerman & Hagn, Ltd. recorded in
Volume 8394, Page 544, D.R.T.C.T. and lying on the west line of
State Highway 130 and located 321.79 feet right of Engineers
Station 1078+62.12, of the State Highway 130 baseline as shown on
the Texas Turnpike Authority Project No. HP 1196 (1) right-of-way
plans;
THENCE with the west line of S.H. 130 and northeasterly line of the
said 133 acre tract, the following three courses:
1) south 12°41'25" east, 242.72 feet to an angle point;
2) south 14°09'23" east, 508.30 feet to an angle point;
3) south 17°59'46" east, 54.80 feet to a found iron rod with an
aluminum cap stamped "Texas Department of Transportation" found in
the east line of the said 133 acre tract and lying on the west line
of a 77.29 acre remainder of the said 236.03 acre tract and located
324.33 feet right of Engineers Station 1086+67.74, of the State
Highway 130 baseline as shown on the Texas Turnpike Authority
Project No. HP 1196 (1) right-of-way plans;
THENCE with the west line of S.H. 130 and northeasterly line of the
said 77.29 acre tract, the following five courses:
1) south 17°59'55" east, 363.08 feet to an angle point;
2) south 14°09'23" east, 314.17 feet to an angle point;
3) south 10°39'58" east, 657.05 feet to an angle point;
4) south 10°42'32" east, 415.75 feet to an angle point;
5) south 12°47'49" east, 187.97 feet to a found iron rod with an
aluminum cap stamped "Texas Department of Transportation" found in
the east line of the said 77.29 acre tract and being the northwest
corner of a 23.732 acre remainder of a 97.5 acre tract described in
a deed to Theodore R. Timmerman recorded in Volume 2470, Page 572,
D.R.T.C.T.; and located 369.46 feet right of Engineers Station
1106+02.92, of the State Highway 130 baseline as shown on the Texas
Turnpike Authority Project No. HP 1196 (1) right-of-way plans;
THENCE with the west line of S.H. 130 and northeasterly line of the
said 23.732 acre tract, the following three courses:
1) south 12°47'56" east, 297.16 feet to an angle point;
2) south 15°09'32" east, 600.09 feet to an angle point;
3) south 14°09'23" east, 316.46 feet to a found iron rod with an
aluminum cap stamped "Texas Department of Transportation" found in
the east line of the said 23.732 acre tract and lying on the west
line of a 8.72 acre tract being a remainder of a record 96.90 acre
tract of land described in a deed to Connie Lorraine Sladek recorded
in Volume 10530, Page 676, D.R.T.C.T. and located 366.00 feet right
of Engineers Station 1118+16.46, of the State Highway 130 baseline
as shown on the Texas Turnpike Authority Project No. HP 1196 (1)
right-of-way plans;
THENCE departing the S.H. 130 right-of-way with the common line
between the said 77.29 and 23.732 acre tracts, south 27°37'50" west,
955.17 feet to the southeast corner of the said 77.29 acre tract and
lying on the original north right-of-way line of pecan street, a 60
foot wide public right-of-way;
THENCE north 65°02'11" west, 793.74 feet, with the south line of the
said 77.29 acre tract and the north line of pecan street to the
southwest corner of the said 77.29 acre tract and southeast corner
of the said 133 acre tract;
THENCE along the common line between the said 23.732 acre and 77.29
acre tracts, north 27°02'59" east, 1458.23 feet to an angle point
lying on the west line of the current Pflugerville city limit
established by Ordinance 768-04-12-28;
THENCE through the said 77.29 acre tract along the said west city
limit line, north 14°12'03" west, 968.56 feet to the intersection of
the said west city limit with the approximate centerline of
Wilbarger Creek;
THENCE with the approximate centerline meanders of Wilbarger Creek
through the said 77.29 acre tract and through the 129 acre remainder
of a 133 acre tract conveyed to Timmerman & Hagn, Ltd. in a deed
recorded in Volume 8394, Page 544, D.R.T.C.T. and through a 71.5
acre remainder of a 74.46 acre tract described in a deed to
Timmerman & Hagn, Ltd. recorded in Volume 12720, Page 2014,
O.P.R.T.C.T. and through a 62.474 acre remainder of the said 236.03
acre tract and through a 153.8 acre remainder of a 300.03 acre tract
described in a deed to Timmerman & Hagn, Ltd. recorded in Doc. No.
2004025616, O.P.R.T.C.T., the following fifty-four courses:
1) north 42°04'22" west, 195.44 feet;
2) north 26°50'28" west, 448.97 feet;
3) north 02°18'41" east, 239.75 feet;
4) north 60°14'18" west, 134.55 feet;
5) south 61°28'25" west, 139.32 feet;
6) south 36°46'43" west, 167.86 feet;
7) south 88°35'32" west, 76.74 feet;
8) north 58°26'43" west, 243.00 feet;
9) south 66°24'16" west, 112.25 feet;
10) south 62°38'58" west, 97.70 feet;
11) north 51°04'22" west, 62.35 feet;
12) north 34°09'28" west, 200.91 feet;
13) north 23°56'34" east, 127.94 feet;
14) north 03°47'52" west, 205.55 feet;
15) north 01°03'54" west, 121.08 feet;
16) north 15°44'01" east, 127.41 feet;
17) north 31°01'44" west, 54.90 feet;
18) north 66°16'01" west, 77.02 feet;
19) north 39°29'44" west, 116.77 feet;
20) north 05°12'36" west, 94.70 feet;
21) north 25°37'00" east, 240.36 feet;
22) north 03°14'50" west, 81.81 feet;
23) north 57°01'50" west, 131.00 feet;
24) north 27°10'09" west, 123.52 feet;
25) north 07°21'30" west, 88.08 feet;
26) north 44°06'28" east, 165.15 feet;
27) north 30°06'29" west, 122.32 feet;
28) north 36°55'28" east, 192.68 feet;
29) south 67°10'46" east, 78.63 feet;
30) south 16°21'01" east, 141.85 feet;
31) north 62°14'07" east, 94.03 feet;
32) north 16°11'32" east, 263.03 feet;
33) north 23°15'16" west, 280.65 feet;
34) south 62°45'24" west, 403.17 feet;
35) north 60°21'14" west, 256.35 feet;
36) north 31°24'57" west, 154.04 feet;
37) north 08°27'41" east, 164.44 feet;
38) north 66°41'07" east, 362.25 feet;
39) north 14°23'36" east, 423.77 feet;
40) north 47°18'45" west, 258.08 feet;
41) south 64°50'25" west, 96.86 feet;
42) south 35°00'08" west, 192.60 feet;
43) north 85°22'27" west, 247.67 feet;
44) north 13°06'02" west, 204.90 feet;
45) north 31°21'21" east, 283.69 feet;
46) north 58°02'32" east, 167.84 feet;
47) south 82°44'37" east, 272.01 feet;
48) north 20°24'18" east, 286.65 feet;
49) north 09°13'34" west, 228.08 feet;
50) north 55°17'10" west, 162.25 feet;
51) north 31°47'06" west, 184.17 feet;
52) north 45°38'56" east, 208.89 feet;
53) north 33°16'06" east, 182.55 feet;
54) north 60°51'34" east, 130.55 feet to the intersection of the
centerline of Wilbarger Creek with the curving said west city
limit;
THENCE with the west city limit line through the said 153.8 acre
tract, and through a portion of a 57 acre tract being a remainder of
a 535 acre tract described in a deed to Timmerman & Hagn, Ltd.
recorded in Volume 8394, Page 544, D.R.T.C.T., with the curve to the
right having a radius of 12109.16 feet, a central angle of
03°10'33", a chord bearing and distance of north 06°06'47" west,
671.12 feet and an arc length of 671.21 feet to an angle point lying
on the west line of the current Pflugerville city limit established
by Ordinance 544-99-05-11;
THENCE continuing through the said 57 acre and 153.8 acres, with the
said Pflugerville city limit line, south 24°45'43" west a distance
of 1560.60 feet to the beginning of a curve;
THENCE continuing through the said 153.8 acre tract and through the
remainder of a 158.22 acre tract described in a deed to Timmerman &
Hagn, Ltd. recorded in Volume 8394, Page 544, D.R.T.C.T., with the
curve to the right having a radius of 8419.58 feet, a central angle
of 02°44'00", a chord bearing and distance of south 26°07'43" west,
401.62 feet and an arc length of 401.66 feet to a Point of Tangency;
THENCE continuing through the said 158.22 acre tract along the said
city limit line, south 27°29'43" west a distance of 1167.07 feet to a
point on the south line of the said 158.22 acre tract;
THENCE continuing with the south line of the said 158.22 acre tract,
north 65°55'11" west, 1264.53 feet to the southeast corner of a 4.0
acre tract described in a deed to the City of Pflugerville recorded
in Document No. 2003187793. O.P.R.T.C.T.;
THENCE with the common line between the said 157.22 acre and 4.0
acre tracts, the following five courses:
1) north 24°02'01" east, 340.95 feet;
2) north 65°57'17" west, 259.81 feet;
3) south 83°32'13" west, 260.21 feet;
4) south 63°24'26" west, 149.64 feet;
5) north 88°56'57" west, 187.19 feet to a point on the east line of
a 29,667 square foot right-of-way dedication for Old Austin-Hutto
Road described in a deed to the City of Pflugerville recorded in
Volume 12618, Page 128, D.R.T.C.T.;
THENCE with the common line between the said 158.22 acre and the
current east line of Old Austin-Hutto Road, the following three
courses:
1) north 17°04'04" east, 145.97 feet;
2) north 17°12'49" west, 418.53 feet;
3) north 59°49'12" west, 290.90 feet to a point on the east line of
Texas Farm to Market Road 685 (F.M. 685);
THENCE with the west line of the said 158.22 acre tract and the east
line of F.M. 685, north 26°31'09" east, 964.80 feet to the northwest
corner of the said 157.22 acre tract and being the southwest corner
of a 153.8 acre remainder of a 300.03 acre tract; THENCE with the
west line of the said 153.8 acre tract and the east line of F.M. 685,
north 24°48'39" east, 1850.00 feet to the northwest corner of the
said 153.8 acre tract and being the southwest corner of the said
Timmerman & Hagn, Ltd. 57 acre tract; THENCE with the west line of
the said 153.8 acre tract and the east line of F.M. 685, north
24°42'36" east, 1105.70 feet to the northwest corner of the said 57
acre tract and being the intersection of the east line of F.M. 685
with the south line of Pfluger Lane;
THENCE with the north line of the said 57 acre tract and the south
line of Pfluger Lane, south 60°37'16" east, 513.90 feet to the
northwest corner of a 3.32 acre tract of land described in a deed to
Texas Utilities Electric Company recorded in Volume 12440, Page
1318, D.R.T.C.T.;
THENCE with the west line of the said 3.32 acre tract, south
00°47'53" west, 341.86 feet to the southwest corner of the said 3.32
acre tract and being the northwest corner of a 6.50 acre tract of
land described in a deed to TXU Electric recorded in Document No.
2001051986, O.P.R.T.C.T.;
THENCE with the common lines between the said 57 acre tract and the
6.50 acre tract, the following four courses:
1) south 01°04'09" east, 343.33 feet;
2) south 30°27'56" east, 12.22 feet;
3) south 60°16'46" east, 528.20 feet;
4) north 29°21'16" east, 605.32 feet to the northeast corner of the
said 6.50 acre tract and lying on the south line of Pfluger Lane;
THENCE with the north line of the said 57 acre tract and the
original south line of Pfluger Lane, south 61°06'52" east, 485.19
feet to an angle point;
THENCE with an east line of the said 57 acre tract, south 23°38'07"
west, 16.68 feet to an angle point in the current south line of
Pfluger Lane;
THENCE with the north line of the said 57 acre tract and the current
south line of Pfluger Lane, south 59°22'18" east, 398.75 feet to an
angle point lying in the west line of State Highway 130;
THENCE with the east line of the said 57 acre tract and the west line
of S.H. 130 the following two courses:
1) south 28°01'06" east, 299.31 feet;
2) south 02°03'15" east, 329.42 feet to the beginning of a curve;
THENCE with the curve to the left having a radius of 7701.11 feet, a
central angle of 05°19'15", a chord bearing and distance of south
03°38'34" east, 714.91 feet and an arc length of 715.17 feet with the
west line of S.H. 130 to a point of compound curvature lying on the
south line of the said 57 acre tract and north line of the said 153.8
acre tract;
THENCE along the east line of the said 153.8 acre and with the west
line of S.H. 130, the following seven courses:
1) with a curve to the left having a radius of 7701.11 feet, a
central angle of 02°38'40", a chord bearing and distance of south
07°37'31" east, 355.40 feet and an arc length of 355.44 feet to an
angle point;
2) south 82°30'53" west, 245.91 feet;
3) south 07°29'07" east, 100.00 feet;
4) north 82°30'53" east, 249.11 feet to a point lying on a curve;
5) with a curve to the left having a radius of 7701.11 feet, a
central angle of 04°30'45", a chord bearing and distance of south
11°56'53" east, 606.37 feet and an arc length of 606.52 feet to a
Point of Tangency;
6) south 14°09'24" east, 716.33 feet;
7) south 14°09'23" east, 602.04 feet to a found iron rod with an
aluminum cap stamped "Texas Department of Transportation" found in
the south line of 153.8 acre tract and lying on the north line of the
said 62.474 acre tract and located 300.00 feet right of Engineers
Station 1063+36.11 of the State Highway 130 baseline as shown on the
Texas Turnpike Authority Project No. HP 1196 (1) right-of-way
plans;
THENCE continuing with the west line of S.H. 130 and east line of
the said 62.474 acre tract, the following three courses:
1) south 14°09'23" east, 810.50 feet to an angle point;
2) south 12°09'04" east, 369.79 feet to an angle point;
3) south 12°41'28" east, 346.06 feet to the POINT OF BEGINNING and
containing 397.2 acres, more or less.
BASIS OF BEARINGS:
Bearings shown hereon are referenced to grid north for the Texas
State Plane Coordinate System, Central Zone NAD 83 per Texas
Turnpike Authority right-of-way plans for State Highway 130.
TRACT 2:146.3 ACRES - METES AND BOUNDS DESCRIPTION
The herein description is based on a combination of field survey
data and record information of various tracts of land located in the
John Davis Survey No. 13, the George M. Martin Survey No. 9, the E.
Kirkland Survey No. 7, Abstract No. 458, the Sefrin Eiselin Survey
No. 4, Abstract No. 265, and the J.P. Sherwood Survey in Travis
County, Texas and being more particularly described by metes and
bounds as follows:
BEGINNING at a found iron rod with an aluminum cap stamped "Texas
Department of Transportation" located 350.00 feet left of Engineers
Station 1045+12.69 of the State Highway 130 baseline and lying on
the curving east line of the said State Highway 130 right-of-way as
shown on the Texas Turnpike Authority Project No. HP 1196 (1)
right-of-way plans and being the northwest corner of a 111.07
remainder of a 300.03 acre tract described in a deed to Timmerman &
Hagn, Ltd. recorded in Doc. No. 2004025616, Official Public Records
of Travis County, Texas (O.P.R.T.C.T.); and being the westerly
southwest corner of a calculated 146 acre remainder of a 535 acre
tract described in a deed to Timmerman & Hagn, Ltd. recorded in
Volume 8394, Page 544, D.R.T.C.T., said point also lying on the east
line of the current Pflugerville city limit established by
Ordinance 768-04-12-28;
THENCE with the east right-of-way of State Highway 130 along the
west and north lines of the said 146 acre tract, the following five
courses:
1) with a curve to the right having a radius of 11109.16 feet, a
central angle of 03°36'05", a chord bearing and distance of north
06°14'55" west, 698.17 feet and an arc length of 698.28 feet to an
angle point;
2) north 04°05'35" east, 466.69 feet;
3) north 46°20'42" east, 43.29 feet;
4) south 61°16'45" east, 557.45 feet to a point in the said city
limit line;
5) THENCE on the said east city limit line, north 27°23'31" east,
12.89 feet to an angle point on the original south right of way of
Pfluger Lane, a 60 foot wide public right-of way annexed by the City
of Pflugerville by Ordinance 730-03-12-16;
THENCE with the original south right-of-way of Pfluger Lane and
said city limit, with the north line of the said 146 acre tract,
south 60°35'24" east, 4117.77 feet to the beginning of a curve;
THENCE continuing with the north line of the 146 acre tract and with
the original south line of Pfluger Lane and said city limit, with
the curve to the right having a radius of 471.08 feet, a central
angle of 23°47'15", a chord bearing and distance of south 48°41'13"
east, 194.18 feet and an arc length of 195.58 feet to a Point of
Reverse Curvature;
THENCE continuing with the north line of the said 146 acre tract
with the original south line of Pfluger Lane and said city limit
line with a curve to the left having a radius of 501.50 feet, a
central angle of 03°41'31", a chord bearing and distance of south
38°38'21" east, 32.31 feet, and an arc length of 32.32 feet to a
point in the west line of the current Pflugerville city limit
established by Ordinance 744-04-03-23;
THENCE along the said west city limit line and the east line of the
said 146 acre tract, south 26°33'46" west, 31.44 feet to northwest
corner of a 34.618 acre remainder of a 58.08 acre tract described in
a deed to Robert Nicholas and Sally Nicholas recorded in Volume
11418, Page 1139, D.R.T.C.T., point lying on the current south
right-of-way line of Pfluger Lane;
THENCE departing Pfluger Lane with the common line between the said
146 and 34.618 acre tracts, south 27°04'11" west, 416.82 feet with
the west line of a tract annexed by the City of Pflugerville by
Ordinance 768-04-12-28; to an angle point;
THENCE through the said 146 acre tract on a course generally
parallel and 500 foot south of the current south line of Pfluger
Lane, north 60°35'24" west, 2377.73 feet to an angle point in the
east line of a 0.781 acre tract described in a deed to Mark William
Hodgson recorded in Volume 12398, Page 0400, D.R.T.C.T.;
THENCE with the common lines between the said 146 acre and 0.781
acre tracts, the following three courses:
1) north 29°24'50" east, 54.87 feet;
2) north 60°35'10" west, 170.00 feet;
3) south 29°24'50" west, 54.88 feet to an angle point;
THENCE continuing through the said 146 acre tract, on a course
parallel and 500 foot south of the current south line of Pfluger
Lane, north 60°35'24" west, 1190.60 feet to an angle point;
THENCE with a line parallel to and 600 foot east of the east line of
the State Highway 130 right-of-way, through the said 146 acre tract
and through the said 111.07 acre remainder of a 300.03 acre tract
and through a 47.131 acre remainder of a 236.03 acre tract described
in a deed to Timmerman & Hagn, Ltd. recorded in Doc. No. 20425617,
O.P.R.T.C.T.; and through a 53.728 acre remainder of a 97.5 acre
tract of land described in a deed to Theodore R. Timmerman recorded
in Volume 2470, Page 572, D.R.T.C.T. the following five courses:
1) south 27°23'31" west, 335.01 feet;
2) south 08°43'50" east, 962.07 feet;
3) south 14°09'23" east, 1613.54 feet;
4) south 18°43'49" east, 501.37 feet
5) south 14°12'03" east, 2477.04 feet to a point on the east line of
the said 53.728 acre tract and lying on the west line of a 54.94 acre
remainder of a 96.90 acre tract of land described in a deed to
Connie Lorraine Sladek recorded in Volume 10530, Page 676,
D.R.T.C.T.;
THENCE with the common line between the said 53.728 and 54.94 acre
tracts, south 27°37'30" west, 899.73 feet to an iron rod with an
aluminum cap stamped "Texas Department of Transportation" and
located 342.43 feet left of Engineers Station 1110+23.76 of the
said State Highway 130 baseline for the south corner of the said
53.728 acre tract and lying on the east line of State Highway 130;
said point also lying on the east line of the current Pflugerville
city limit established by Ordinance 768-04-12-28;
THENCE with common line between the said 53.728 and 47.131 acre
tracts, with the east line of State Highway 130, the following three
courses:
1) north 14°12'03" west, 3123.77 feet to an angle point;
2) north 18°43'49" west, 501.60 feet to an iron rod with an
aluminum cap stamped "Texas Department of Transportation" and
located 300.00 feet left of Engineers Station 1074+00.00 of the
said State Highway 130 baseline;
3) north 14°09'23" west, 521.55 feet to an iron rod with an
aluminum cap stamped "Texas Department of Transportation" and
located 300.00 feet left of Engineers Station 1068+78.45 of the
said State Highway 130 baseline for the southwest corner of the said
111.07 acre tract and being the northwest corner of the said 47.131
acre tract;
THENCE continuing with the east line the State Highway 130 and with
the west line of the said 111.07 and 146 acre tracts the following
three courses:
1) north 14°09'23" west, 1144.38 feet;
2) north 08°43'50" west, 1055.19 feet to an iron rod with an
aluminum cap stamped "Texas Department of Transportation" and
located 350.00 feet left of Engineers Station 1046+48.90 of the
said State Highway 130 baseline;
3) with the curve to the right having a radius of 11109.16 feet, a
central angle of 0°40'52", a chord bearing and distance of north
08°23'24" west, 132.05 feet and an arc length of 132.05 feet to the
POINT OF BEGINNING and containing 146.3 acres, more or less.
BASIS OF BEARINGS:
Bearings shown hereon are referenced to grid north for the Texas
State Plane Coordinate System, Central Zone NAD 83 per Texas
Turnpike Authority right-of-way plans for State Highway 130.
TRACT 3: 29.8 ACRES - METES AND BOUNDS DESCRIPTION
The herein description is based on a combination of field survey
data and record information of various tracts of land located in the
John Davis Survey No. 13 in Travis County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING for reference at an iron rod with an aluminum cap stamped
"Texas Department of Transportation" found in the south line of a
149.599 acre tract of land (save and except 2.751 acres) described
in a deed to Terrabrook Falcon Ridge, L.P. recorded in Doc. No.
2000105424, Official Public Records of Travis County, Texas
(O.P.R.T.C.T.), said 149.599 acre tract annexed into the City of
Pflugerville by Ordinance No. 607 00 11-28 and lying in the north
line of Pfluger Lane, a 60 foot wide public right-of-way annexed
into the City of Pflugerville by Ordinance No. 730-03-12-16 and
located 958.16 feet left of Engineers Station 1035+21.45, of the
State Highway 130 baseline as shown on the Texas Turnpike Authority
Project No. HP 1196 (1) right-of-way plans. THENCE with the south
line of the said 149.599 acre tract with the north line of said
Pfluger Lane, south 60°36'00" east, a distance of 882.40 feet to the
southeast corner of the said 149.599 acre tract and being the
southwest corner of the said 197.89 acre tract and being the same
tract called 197.27 acres described in a deed to Timmerman & Hagn,
Ltd. recorded in Volume 3310, Page 1434, Deed Records of Travis
County Texas (D.R.T.C.T.) and being the POINT OF BEGINNING;
THENCE, departing the north line of Pfluger Line along the common
line between the said 149.599 acre and 197.89 acre tracts with the
current Pflugerville city limit, north 27°35'36" east, a distance of
500.26 feet to a point for a corner;
THENCE through the said 197.89 acre tract on a line parallel to and
500 foot north of the current north right-of-way of Pfluger Lane,
south 60°34'24" east, a distance of 2593.00 feet to a point on the
east line of the said 197.89 acre tract and on the west line of a
50.00 acre tract described in a deed to the Preismeyer Family, L.P.
recorded in Volume 13091, Page 0010, D.R.T.C.T. and lying on the
west line of the current Pflugerville city limit established by
Ordinance 768-04-12-28;
THENCE with the common line between the said 197.89 and 50.00 acre
tracts with the west line of the said Pflugerville city limit, south
27°35'36" west, 500.26 feet to the southeast corner of the 197.89
acre tract and lying on the current north line of Pfluger Lane and
the north line of the current Pflugerville city limit established
by Ordinance 730-03-12-16;
THENCE with the south line of the said 197.89 acre tract and the
north line of the said Pflugerville city limit and the current north
line of Pfluger Lane, north 60°34'24" west, distance of 2593.00 feet
to the POINT OF BEGINNING and containing 29.8 acres, more or less.
BASIS OF BEARINGS:
Bearings shown hereon are referenced to grid north for the Texas
State Plane Coordinate System, Central Zone NAD 83 per Texas
Turnpike Authority right-of-way plans for State Highway 130.
SECTION 3. The Pflugerville Municipal Management District
No. 1 may hold the first election under Section 3852.156, Special
District Local Laws Code, as added by this Act, on a date other than
a uniform election date.
SECTION 4. The legislature finds that:
(1) proper and 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 by
the constitution and laws of this state, including the governor,
who has submitted the notice and Act to the Texas Commission on
Environmental Quality;
(2) 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;
(3) 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; and
(4) 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 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 hereby certify that S.B. No. 1836 passed the Senate on
May 12, 2005, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 27, 2005, by the
following vote: Yeas 29, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1836 passed the House, with
amendment, on May 20, 2005, by the following vote: Yeas 139,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor