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AN ACT
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relating to the creation of the Travis County Improvement District |
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No. 1; providing authority to impose an assessment, impose a tax, |
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and issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3863 to read as follows: |
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CHAPTER 3863. TRAVIS COUNTY IMPROVEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3863.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Travis County Improvement |
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District No. 1. |
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Sec. 3863.002. NATURE OF DISTRICT. The Travis County |
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Improvement District No. 1 is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3863.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing Travis County |
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and other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve Travis County from providing the level of |
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services provided, as of the effective date of the Act enacting this |
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chapter, to the area in the district. The district is created to |
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supplement and not to supplant the county services provided in the |
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area in the district. |
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Sec. 3863.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to: |
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(1) further the public purposes of developing and |
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diversifying the economy of the state; |
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(2) eliminate unemployment and underemployment; and |
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(3) develop or expand transportation and commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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and |
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(4) provide for water, wastewater, drainage, road, and |
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recreational facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3863.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3863.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; or |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code. |
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Sec. 3863.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3863.008. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be liberally construed in conformity with the |
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findings and purposes stated in this chapter. |
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[Sections 3863.009-3863.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3863.051. GOVERNING BODY; TERMS. The district is |
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governed by a board of five voting directors who serve staggered |
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terms of four years, with two or three directors' terms expiring |
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June 1 of each odd-numbered year. |
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Sec. 3863.052. APPOINTMENT OF DIRECTORS. The Texas |
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Commission on Environmental Quality shall appoint voting directors |
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from persons recommended by the board. |
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Sec. 3863.053. INITIAL VOTING DIRECTORS. (a) On or after |
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the effective date of the Act creating this chapter, the owner or |
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owners of a majority of the assessed value of the real property in |
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the district may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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initial voting directors the five persons named in the petition. |
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The commission shall appoint the five persons named in the petition |
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as initial voting directors by position. |
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(b) Of the initial voting directors, the terms of directors |
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appointed for positions 1 through 3 expire June 1, 2011, and the |
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terms of directors appointed for positions 4 and 5 expire June 1, |
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2013. |
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(c) Section 3863.052 does not apply to the appointment of |
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directors under this section. |
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(d) This section expires September 1, 2014. |
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Sec. 3863.054. NONVOTING DIRECTORS. The board may appoint |
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nonvoting directors to serve at the pleasure of the voting |
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directors. |
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Sec. 3863.055. QUORUM. For purposes of determining the |
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requirements for a quorum of the board, the following are not |
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counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; |
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(2) a director who is abstaining from participation in |
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a vote because of a conflict of interest; or |
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(3) a nonvoting director. |
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Sec. 3863.056. COMPENSATION. A director is entitled to |
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receive fees of office and reimbursement for actual expenses as |
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provided by Section 49.060, Water Code. Sections 375.069 and |
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375.070, Local Government Code, do not apply to the board. |
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[Sections 3863.057-3863.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3863.101. DEVELOPMENT CORPORATION POWERS. The |
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district may exercise the powers given to a development corporation |
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under Chapter 505, Local Government Code, including the power to |
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own, operate, acquire, construct, lease, improve, or maintain a |
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project described by that chapter. |
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Sec. 3863.102. AGREEMENTS; GRANTS. (a) The district may |
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make an agreement with or accept a gift, grant, or loan from any |
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person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 3863.103. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT |
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SERVICES. To protect the public interest, the district may |
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contract with a qualified person, including Travis County, for the |
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provision of law enforcement services in the district for a fee. |
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Sec. 3863.104. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3863.105. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district may establish and provide for the administration of one or |
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more programs to promote state or local economic development and to |
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stimulate business and commercial activity in the district, |
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including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(b) The district has all of the powers of a municipality |
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under Chapter 380, Local Government Code. |
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Sec. 3863.106. STRATEGIC PARTNERSHIP AGREEMENT. The |
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district may negotiate and enter into a written strategic |
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partnership with a municipality under Section 43.0751, Local |
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Government Code. |
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Sec. 3863.107. NO EMINENT DOMAIN. The district may not |
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exercise the power of eminent domain. |
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Sec. 3863.108. ANNEXATION OR EXCLUSION OF LAND. (a) The |
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district may annex land as provided by Subchapter J, Chapter 49, |
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Water Code. |
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(b) The district may exclude land as provided by Subchapter |
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J, Chapter 49, Water Code. Section 375.044(b), Local Government |
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Code, does not apply to the district. |
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[Sections 3863.109-3863.150 reserved for expansion] |
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SUBCHAPTER D. PUBLIC PARKING FACILITIES |
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Sec. 3863.151. PARKING FACILITIES AUTHORIZED; OPERATION BY |
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PRIVATE ENTITY. (a) The district may acquire, lease as lessor or |
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lessee, construct, develop, own, operate, and maintain parking |
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facilities or a system of parking facilities, including: |
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(1) lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets; and |
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(2) equipment, entrances, exits, fencing, and other |
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accessories necessary for safety and convenience in parking |
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vehicles. |
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(b) A parking facility of the district may be leased to or |
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operated on behalf of the district by an entity other than the |
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district. |
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(c) The district's parking facilities are a program |
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authorized by the legislature under Section 52-a, Article III, |
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Texas Constitution. |
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(d) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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Sec. 3863.152. RULES. The district may adopt rules |
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governing the district's public parking facilities. |
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Sec. 3863.153. FINANCING OF PUBLIC PARKING FACILITIES. |
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(a) The district may use any of its resources, including revenue, |
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assessments, taxes, or grant or contract proceeds, to pay the cost |
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of acquiring or operating public parking facilities. |
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(b) The district may: |
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(1) set, charge, impose, and collect fees, charges, or |
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tolls for the use of the district's public parking facilities; and |
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(2) issue bonds or notes to finance the cost of the |
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district's public parking facilities. |
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Sec. 3863.154. ROAD IMPROVEMENTS. (a) Before development |
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begins, the district must obtain a traffic impact analysis |
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performed by a qualified independent traffic consultant for the |
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purpose of determining the impact of increased traffic caused by |
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the development of property in the district on Paleface Ranch Road |
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or other major roads connecting the district to State Highway 71. |
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The traffic impact analysis must identify the district's |
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proportionate impact on the roads, based on the daily average |
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number of trips to be generated from the district compared to the |
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total daily average number of trips estimated to be generated from |
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the total service area for the roads at full development. |
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(b) The district or a developer of land in the district |
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shall pay the district's proportionate share of the costs or design |
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and construct the district's proportionate share necessary to |
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improve roads as needed to maintain the normal level of service on |
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Paleface Ranch Road or any other connector roads. The payments or |
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improvements shall be phased to meet the increased traffic. |
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(c) This section does not obligate the district to |
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participate in the construction or financing of State Highway 71 or |
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any other state highway. |
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[Sections 3863.155-3863.200 reserved for expansion] |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 3863.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of the district's money. |
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Sec. 3863.202. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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any improvement or service authorized under this chapter or Chapter |
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375, Local Government Code, using any money available to the |
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district. |
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Sec. 3863.203. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
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the owners of a majority of the assessed value of real property in |
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the district subject to assessment according to the most recent |
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certified tax appraisal roll for Travis County. |
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Sec. 3863.204. METHOD OF NOTICE FOR HEARING. The district |
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may mail the notice required by Section 375.115(c), Local |
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Government Code, by certified or first class United States mail. |
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The board shall determine the method of mailing notice. |
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Sec. 3863.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. |
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(a) The board by resolution may impose and collect an assessment |
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for any purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 3863.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
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ASSESSMENTS. The district may not impose an impact fee or |
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assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; or |
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(4) a person who provides to the public cable |
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television or advanced telecommunications services. |
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Sec. 3863.207. RESIDENTIAL PROPERTY. Section 375.161, |
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Local Government Code, does not apply to a tax imposed by the |
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district or to a required payment for a service provided by the |
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district, including water and sewer service. |
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Sec. 3863.208. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held in accordance with Section 3863.212, |
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the district may impose an annual operation and maintenance tax on |
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taxable property in the district in accordance with Section 49.107, |
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Water Code, for any district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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(c) Section 49.107(h), Water Code, does not apply to the |
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district. |
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Sec. 3863.209. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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Sec. 3863.210. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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BONDS. (a) The district may borrow money on terms and conditions |
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as determined by the board. Section 375.205, Local Government |
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Code, does not apply to a loan, line of credit, or other borrowing |
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from a bank or financial institution secured by revenue other than |
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ad valorem taxes. |
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(b) The district may issue bonds, notes, or other |
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obligations payable wholly or partly from ad valorem taxes, sales |
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and use taxes, assessments, impact fees, revenue, contract |
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payments, grants, or other district money, or any combination of |
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those sources of money, to pay for any authorized district purpose. |
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(c) The limitation on the outstanding principal amount of |
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bonds, notes, and other obligations set forth in Section 49.4645, |
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Water Code, does not apply to the district. |
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Sec. 3863.211. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct annual ad valorem tax, without limit as to rate or amount, |
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while all or part of the bonds are outstanding as required and in |
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the manner provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 3863.212. ELECTIONS REGARDING TAXES AND BONDS. |
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(a) The district may issue, without an election, bonds, notes, and |
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other obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 3863.209. |
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(b) The district must hold an election in the manner |
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provided by Subchapter L, Chapter 375, Local Government Code, to |
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obtain voter approval before the district may impose an ad valorem |
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tax or sales and use tax or issue bonds payable from ad valorem |
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taxes. |
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(c) Section 375.243, Local Government Code, does not apply |
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to the district. |
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(d) All or any part of any facilities or improvements which |
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may be acquired by a district by the issuance of its bonds may be |
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included in one single proposition to be voted on at the election or |
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the bonds may be submitted in several propositions. |
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Sec. 3863.213. COMPETITIVE BIDDING. Subchapter I, Chapter |
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49, Water Code, applies to the district. Sections 375.221 and |
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375.223, Local Government Code, do not apply to the district. |
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Sec. 3863.214. TAX AND ASSESSMENT ABATEMENTS. The district |
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may grant in the manner authorized by Chapter 312, Tax Code, an |
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abatement for a tax or assessment owed to the district. |
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[Sections 3863.215-3863.250 reserved for expansion] |
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SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED |
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PROPERTY |
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Sec. 3863.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
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DESIGNATED PROPERTY. The district may define areas or designate |
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certain property of the district to pay for improvements, |
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facilities, or services that primarily benefit that area or |
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property and do not generally and directly benefit the district as a |
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whole. |
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Sec. 3863.252. PROCEDURE FOR ELECTION. (a) Before the |
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district may impose an ad valorem tax or issue bonds payable from ad |
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valorem taxes of the area defined or property designated under |
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Section 3863.251, the board must call and hold an election as |
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provided by Section 3863.212 only in the defined area or in the |
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boundaries of the designated property. |
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(b) The board may submit the proposition to the voters on |
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the same ballot to be used in another election. |
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Sec. 3863.253. DECLARING RESULT AND ISSUING ORDER. (a) If |
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a majority of the voters voting at the election approve the |
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proposition or propositions, the board shall declare the results |
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and by order shall establish the defined area and describe it by |
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metes and bounds or designate the specific property. |
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(b) A court may not review the board's order except on the |
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ground of fraud, palpable error, or arbitrary and confiscatory |
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abuse of discretion. |
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Sec. 3863.254. TAXES FOR SERVICES, IMPROVEMENTS, AND |
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FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter |
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approval and adoption of the order described in Section 3863.253, |
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the district may apply separately, differently, equitably, and |
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specifically its taxing power and lien authority to the defined |
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area or designated property to provide money to construct, |
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administer, maintain, and operate services, improvements, and |
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facilities that primarily benefit the defined area or designated |
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property. |
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Sec. 3863.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES |
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FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under |
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Section 3863.253 is adopted, the district may issue bonds to |
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provide for any land, improvements, facilities, plants, equipment, |
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and appliances for the defined area or designated property. |
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[Sections 3863.256-3863.300 reserved for expansion] |
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SUBCHAPTER G. SALES AND USE TAX |
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Sec. 3863.301. MEANINGS OF WORDS AND PHRASES. Words and |
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phrases used in this subchapter that are defined by Chapters 151 and |
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321, Tax Code, have the meanings assigned by Chapters 151 and 321, |
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Tax Code. |
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Sec. 3863.302. APPLICABILITY OF CERTAIN TAX CODE |
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PROVISIONS. (a) Except as otherwise provided by this subchapter, |
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Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code, |
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apply to taxes imposed under this subchapter and to the |
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administration and enforcement of those taxes in the same manner |
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that those laws apply to state taxes. |
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(b) Chapter 321, Tax Code, relating to municipal sales and |
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use taxes, applies to the application, collection, change, and |
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administration of a sales and use tax imposed under this subchapter |
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to the extent consistent with this chapter, as if references in |
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Chapter 321, Tax Code, to a municipality referred to the district |
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and references to a governing body referred to the board. |
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(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404, |
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321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not |
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apply to a tax imposed under this subchapter. |
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Sec. 3863.303. AUTHORIZATION; ELECTION. (a) The district |
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may adopt a sales and use tax to serve the purposes of the district |
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after an election in which a majority of the voters of the district |
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voting in the election authorize the adoption of the tax. |
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(b) The board by order may call an election to authorize a |
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sales and use tax. The election may be held with any other district |
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election. |
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(c) The district shall provide notice of the election and |
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shall hold the election in the manner prescribed by Section |
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3863.212. |
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(d) The ballots shall be printed to provide for voting for |
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or against the proposition: "Authorization of a sales and use tax |
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in the Travis County Improvement District No. 1 at a rate not to |
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exceed _____ percent." |
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Sec. 3863.304. ABOLISHING SALES AND USE TAX. (a) Except |
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as provided by Subsection (b), the board may abolish the sales and |
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use tax without an election. |
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(b) The board may not abolish the sales and use tax if the |
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district has outstanding debt secured by the tax. |
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Sec. 3863.305. SALES AND USE TAX RATE. (a) On adoption of |
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the tax authorized by this subchapter, there is imposed a tax on the |
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receipts from the sale at retail of taxable items in the district, |
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and an excise tax on the use, storage, or other consumption within |
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the district of taxable items purchased, leased, or rented from a |
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retailer in the district during the period that the tax is in |
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effect. |
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(b) The board shall determine the rate of the tax, which may |
|
be in one-eighth of one percent increments not to exceed the maximum |
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rate authorized by the district voters at the election. The board |
|
may decrease the tax rate to the extent it does not impair any |
|
outstanding debt or obligations payable from the tax. |
|
(c) The rate of the excise tax is the same as the rate of the |
|
sales tax portion of the tax and is applied to the sales price of the |
|
taxable item. |
|
[Sections 3863.306-3863.350 reserved for expansion] |
|
SUBCHAPTER H. HOTEL OCCUPANCY TAXES |
|
Sec. 3863.351. HOTEL OCCUPANCY TAX. (a) In this section, |
|
"hotel" has the meaning assigned by Section 156.001, Tax Code. |
|
(b) For purposes of this section, a reference in Chapter |
|
351, Tax Code, to a municipality is a reference to the district and |
|
a reference in Chapter 351, Tax Code, to the municipality's |
|
officers or governing body is a reference to the board. |
|
(c) Except as otherwise provided by this section, |
|
Subchapter A, Chapter 351, Tax Code, governs a hotel occupancy tax |
|
authorized by this section, including the collection of the tax. |
|
(d) The district may impose a hotel occupancy tax and may |
|
use revenue from the tax for any district purpose that is also an |
|
authorized use of a municipality's hotel occupancy tax revenue |
|
under Chapter 351, Tax Code. |
|
(e) The board by order may impose, repeal, increase, or |
|
decrease the rate of a tax on a person who, under a lease, |
|
concession, permit, right of access, license, contract, or |
|
agreement, pays for the use or possession or for the right to the |
|
use or possession of a room that: |
|
(1) is in a hotel located in the district's boundaries; |
|
(2) costs $2 or more each day; and |
|
(3) is ordinarily used for sleeping. |
|
(f) The amount of the tax may not exceed seven percent of the |
|
price paid for a room in a hotel. |
|
(g) The district may examine and receive information |
|
related to the imposition of hotel occupancy taxes to the same |
|
extent as if the district were a municipality. |
|
SECTION 2. The Travis County Improvement District No. 1 |
|
initially includes all territory contained in the following area: |
|
TRACT I - 767.09 ACRES |
|
Being a 767.08 acre tract of land out of and a portion of the |
|
Maria C. Salinas Survey No. 17, Abstract No. 776, the Grigsby Survey |
|
No. 530, Abstract 331, the J. F. Cole Survey no. 303, Abstract 185, |
|
the A. M. Maxey Survey No. 344, Abstract No. 2755, and the W. W. |
|
Burton Survey No. 15 in Travis and Burnett Counties, Texas; said |
|
735.85 acre tract also being out of and a portion of a called 334.08 |
|
acre tract of land as conveyed to Ralph B. Thomas, and Bette P. |
|
Thomas as recorded in Warranty Deed Number 0701526 of the Deed |
|
Records of Burnet County, Texas, a called 44.998 acre tract of land |
|
as conveyed to Ralph Bowman Thomas, as recorded in Volume 592, Page |
|
107 of the Real Property Records of Travis County, Texas, a called |
|
9.801 acre tract of land as conveyed to Ralph Bowman Thomas, as |
|
recorded in Volume 592, Page 110 of the Real Property Records of |
|
Travis County, Texas, a 210.197 acre tract of land as conveyed to |
|
Ralph Bowman Thomas, as recorded in Volume 592, Page 105 of the Real |
|
Property Records of Travis County, Texas, a called 36.724 acre |
|
tract of land as conveyed to Ralph Bowman Thomas, as recorded in |
|
Volume 592, Page 109 of the Real Property Records of Travis County, |
|
Texas, a called 69.996 acre tract of land as conveyed to Ralph |
|
Bowman Thomas as recorded in Volume 12210, page 1756 of the Real |
|
Property Records of Travis County, Texas, a called 31.226 acre |
|
tract of land as conveyed to Ralph Bowman Thomas as recorded in |
|
Clerk's File Number 2008158858 of the Official Public Records of |
|
Travis County, Texas, and a called 10.00 acre tract of land as |
|
conveyed to Ralph Bowman Thomas; said 767.08 acre tract of land is |
|
more particularly described by metes and bounds as follows with all |
|
bearings being referenced to the West line of said 334.08 acre tract |
|
of land; |
|
BEGINNING at a point for the Northwest corner of said 334.08 |
|
acre tract, also being in the South right-of-way line of Haynie Flat |
|
Road, said point also being the Northeast corner of a tract of land |
|
conveyed to Jayco Holding LTD. as recorded in Volume 1377, Page 647 |
|
of the Deed Records of Burnet County, Texas; |
|
THENCE with the South right-of-way line of said Haynie Flat |
|
Road as follows: |
|
- South 66° 18' 10" East, 816.87 feet to a point for corner; |
|
- South 83° 32' 58" East, 527.85 feet to a point for corner; |
|
- North 80° 08' 19" East, 755.01 feet to a point for corner; |
|
- South 73° 26' 33" East, 67.66 feet to a point for corner; |
|
- South 50° 03' 15" East, 750.74 feet to a point for corner; |
|
THENCE South 00° 33' 53" East with the East line of said 334.08 |
|
acre tract of land, 950.65 feet to a point for corner; |
|
THENCE South 83° 28' 13" East with the North line of said 9.801 |
|
acre tract of land, and the South right-of-way line of said Haynie |
|
Flat Road, 1,163.56 feet to a point for corner in the West line of |
|
said 44.998 acre tract; |
|
THENCE North 01° 22' 41" West, 225.12 feet to a point for |
|
corner in the South line of Haynie Flat Road (recording unknown); |
|
THENCE with said Haynie Flat Road as follows: |
|
- South 83° 43' 22" East, 185.35 feet to a point for corner; |
|
- South 69° 05' 13" East, 75.76 feet to a point for corner; |
|
- South 62° 09' 25" East, 141.91 feet to a point for corner; |
|
- South 60° 23' 08" East, 65.71 feet to a point for corner; |
|
- South 52° 23' 59" East, 26.39 feet to a point for corner; |
|
- South 44° 25' 03" East, 128.13 feet to a point for corner; |
|
- South 27° 24' 37" East, 104.89 feet to a point for corner; |
|
- South 16° 42' 01" East, 157.00 feet to a point for corner; |
|
- South 03° 42' 56" East, 10.82 feet to a point for the most |
|
Northerly corner of said 69.996 acre tract of land; |
|
- South 35° 04' 47" East, 565.65 feet to a point for corner; |
|
- South 32° 49' 44" East, 262.35 feet to a point for corner; |
|
- South 49° 25' 20" East, 314.18 feet to a point for corner; |
|
- South 53° 20' 30" East, 217.14 feet to a point for corner in |
|
the South right-of-way line of Paleface Ranch Road (recording |
|
unknown); |
|
THENCE with the South right-of-way line of said Paleface |
|
Ranch Road as follows: |
|
- South 63° 04' 11" East, 257.13 feet to a point for corner; |
|
- South 50° 33' 39" East, 139.55 feet to a point for corner; |
|
- South 49° 24' 14" East, 92.98 feet to a point for corner; |
|
- South 47° 28' 19" East, 154.38 feet to a point for corner; |
|
- South 46° 43' 16" East, 256.53 feet to a point for corner; |
|
- South 37° 00' 56" East, 204.96 feet to a point for corner; |
|
- South 37° 37' 10" East, 543.03 feet to a point for the |
|
Northeast corner of said 210.197 acre tract of land; |
|
- South 36° 27' 00" East, 699.03 feet to a point for corner; |
|
- South 15° 05' 09" East, 112.12 feet to a point for corner; |
|
- South 04° 45' 26" West, 230.64 feet to a point for corner; |
|
- South 07° 43' 23" West, 840.65 feet to a point for corner; |
|
- South 05° 27' 39" West, 779.99 feet to a point for the |
|
Northeast corner of said 10.00 acre tract of land; |
|
THENCE South 05° 17' 38" West, 270.88 feet to a point for |
|
corner; |
|
THENCE South 04° 43' 42" West, 34.85 feet to a point for the |
|
most Northerly Southeast corner of said 10.00 acre tract and being a |
|
Northeast corner of that certain called 1.0 acre tract of land as |
|
conveyed to Geneva Hill, et al, in Volume 10450, Page 389 of the |
|
Real Property Records of Travis County, Texas; |
|
THENCE with the Northerly South line of said 10.00 acre tract |
|
as follows: |
|
- North 71° 03' 46" West, 207.20 feet to a point for corner; |
|
- North 18° 54' 09" East, 182.74 feet to a point for corner; |
|
- North 71° 03' 59" West, 175.03 feet to a point for corner; |
|
- South 18° 53' 12" West, 212.86 feet to a point for the |
|
Southwest corner of said 1.00 acre tract, and in the Northerly line |
|
of said called 31.226 acre tract of land; |
|
THENCE South 71° 05' 27" East with the Northerly line of said |
|
31.226 acre tract, 389.79 feet to a point for corner in the west |
|
right-of-way line of said Paleface Ranch Road; |
|
THENCE with the West right-of-way line of said Paleface Ranch |
|
Road as follows: |
|
- South 16° 14' 51" West, 100.14 feet to a point for corner; |
|
- South 35° 57' 30" West, 106.89 feet to a point for corner; |
|
- South 45° 35' 30" West, 359.24 feet to a point for corner; |
|
- South 51° 45' 21" West, 286.13 feet to a point for corner; |
|
- South 62° 05' 35" West, 697.66 feet to a point for corner; |
|
- South 43° 36' 15" West, 131.60 feet to a point for corner; |
|
- South 29° 22' 21" West, 133.33 feet to a point for the |
|
Southeasterly corner of said 31.226 acre tract and the most |
|
Southerly Southeast corner of that certain called 26.627 acre tract |
|
of land as conveyed to Michael L. Bay-Borelli, and Debra E. |
|
Bay-Borelli by Deed recorded in Document Number 2002208295 of the |
|
Official Public Records of Travis County, Texas; |
|
THENCE with the Southwesterly line of said 31.226 acre tract |
|
as follows: |
|
- North 52° 41' 24" West, 641.65 feet to a point for corner; |
|
- North 34° 11' 39" East, 128.26 feet to a point for corner; |
|
- North 25° 32' 57" West, 610.09 feet to a point for corner; |
|
- North 14° 28' 58" East, 114.85 feet to a point for the most |
|
North Westerly corner of said 31.226 acre tract, and in the South |
|
line of said 210.197 acre tract; |
|
THENCE North 75° 29' 01" West, 727.40 feet to a point for |
|
corner; |
|
THENCE North 49° 35' 26" West, 283.72 feet to a point for |
|
corner; |
|
THENCE North 50° 03' 08" West, 523.15 feet to a point for the |
|
Southwest corner of said 210.197 acre tract, and the Southeast |
|
corner of said 36.724 acre tract of land corner, also being the |
|
Southwesterly corner of that certain called tract of land conveyed |
|
to State of Texas for Permanent School Funds in Volume 1397, Page |
|
990 of the Deed Records of Burnet County, Texas; |
|
THENCE North 70° 34' 29" West, 743.11 feet to a point for |
|
corner in the West line of said State of Texas tract of land; |
|
THENCE North 00° 05' 34" West, 980.07 feet to a point for the |
|
Southeast corner of said 334.08 acre tract; |
|
THENCE West, 2,310.76 feet to a point for the Northwest |
|
corner of said State of Texas tract, and the Northeast corner of a |
|
tract of land as conveyed to Betty Ann Hollingsworth Herbert in |
|
Volume 11690, Page 447 of the Deed Records of Travis County, Texas; |
|
THENCE North 89° 47' 18" West with the North line of said |
|
Hebert tract, 976.81 feet to a point for the Southeast corner of |
|
said Jayco Holding LTD tract, and the Southeast corner of said |
|
334.08 tract; |
|
THENCE North 06° 48' 08" East with the West line of said 334.08 |
|
acre tract, 5,223.87 feet to the POINT OF BEGINNING; containing |
|
767.08 acres of land, more or less; SAVE AND EXCEPT, and excluding, |
|
any portion of this tract lying within the limits of Burnet County, |
|
Texas; with the intent being that this tract lies wholly within the |
|
limits of Travis County, Texas. |
|
TRACT II - 482.50 ACRES |
|
Being a 482.50 acre tract of land out of and a portion of the |
|
J. F. Cole Survey No. 303, Abstract 185, the V. L. Labenski Survey |
|
No. 301, the John Moat Survey No. 412, the R. R. Germany Survey No. |
|
304, the John Ewers Survey No. 410, and the John Ewers Survey No. |
|
308 in Travis County, Texas; said 482.50 acre tract also being out |
|
of and a portion of a called 15.241 acre tract of land as conveyed to |
|
Ralph Bowman Thomas as recorded in Volume 12210, page 1756 of the |
|
Real Property Records of Travis County, Texas, a called 287.84 acre |
|
tract of land as conveyed to Ralph Bowman Thomas in Volume 12029, |
|
Page 0628 of the Real Property Records of Travis County, Texas, a |
|
called 7.01 acre tract of land as conveyed to Ralph Bowman Thomas as |
|
recorded in Volume 12142, Page 3244 of the Real Property Records of |
|
Travis County, Texas, a 170.94 acre tract of land as conveyed to |
|
Ralph Bowman Thomas as recorded in Volume 12122, Page 2518 of the |
|
Real Property Records of Travis County, Texas, and a called 1.781 |
|
acre tract of land as conveyed to Ralph Bowman Thomas as recorded in |
|
Volume 12341, Page 0433 of the Real Property Records of Travis |
|
County, Texas; said 482.50 acre tract of land is more particularly |
|
described by metes and bounds as follows with all bearings being |
|
referenced to the West line of said 287.84 acre tract of land; |
|
BEGINNING at a point for the Southwest corner of said 15.241 |
|
acre tract, also being in the South right-of-way line of Haynie Flat |
|
Road (recording unknown), and the North right-of-way line of |
|
Paleface Ranch Road (recording unknown); |
|
THENCE with said Haynie Flat Road as follows: |
|
- North 30° 23' 08" East, 347.80 feet to a point for corner; |
|
- North 31° 39' 24" East, 108.86 feet to a point for corner; |
|
- North 40° 00' 00" East, 3,271.92 feet to a point for corner; |
|
- South 49° 40' 37" East, 3,050.44 feet to a point for corner |
|
at the beginning of a curve to the left; |
|
- along the arc of said curve to the left, having a chord of |
|
South 74° 06' 43" East, 219.54 feet, a radius of 517.92 feet, a |
|
central angle of 24° 28' 21", a distance of 221.22 feet to a point |
|
for corner; |
|
- continuing along the arc of said curve to the left, having a |
|
chord of North 80° 57' 51" East, 270.58 feet, a radius of 597.67 |
|
feet, a central angle of 26° 09' 59", a distance of 272.95 feet to a |
|
point for corner; |
|
- North 67° 47' 51" East, 294.01 feet to a point for corner; |
|
- North 64° 20' 52" East, 474.60 feet to a point for corner at |
|
the beginning of a curve to the left; |
|
- along the arc of said curve to the left, having a chord of |
|
North 51° 32' 52" East, 259.41 feet, a radius of 585.45 feet, a |
|
central angle of 25° 35' 59", a distance of 261.58 feet to a point |
|
for corner; |
|
- North 31° 20' 51" East, 5.66 feet to a point for corner; |
|
- North 45° 18' 55" East, 147.73 feet to a point for corner at |
|
the beginning of a curve to the right; |
|
- along the arc of said curve to the right, having a chord of |
|
North 75° 39' 23" East, 483.14 feet, a radius of 490.87 feet, a |
|
central angle of 58° 57' 41", a distance of 505.14 feet to a point |
|
for corner; |
|
- South 74° 41' 05" East, 73.93 feet to a point for corner; |
|
- South 65° 02' 26" East, 242.87 feet to a point for corner; |
|
- South 67° 46' 10" East, 632.84 feet to a point for corner; |
|
- South 68° 58' 09" East, 586.34 feet to a point for corner; |
|
- South 63° 23' 07" East, 234.88 feet to a point for corner at |
|
the beginning of a curve to the right; |
|
- along the arc of said curve to the right, having a chord of |
|
South 54° 05' 07" East, 196.29 feet, a radius of 607.30 feet, a |
|
central angle of 18° 36' 00", a distance of 197.15 feet to a point |
|
for corner; |
|
- continuing along the arc of said curve to the right, having |
|
a chord of South 32° 47' 07" East, 384.80 feet, a radius of 925.40 |
|
feet, a central angle of 24° 00' 00", a distance of 387.63 feet to a |
|
point for corner; |
|
- South 20° 47' 07" East, 321.96 feet to a point for corner at |
|
the beginning of a curve to the left; |
|
- along the arc of said curve to the left, having a chord of |
|
South 35° 49' 07" East, 313.18 feet, a radius of 603.70 feet, a |
|
central angle of 30° 04' 00", a distance of 316.80 feet to a point |
|
for corner; |
|
- South 50° 51' 07" East, 1,129.28 feet to a point for corner |
|
at the beginning of a curve to the right; |
|
- along the arc of said curve to the right, having a chord of |
|
South 37° 25' 07" East, 429.97 feet, a radius of 925.40 feet, a |
|
central angle of 26° 52' 00", a distance of 433.93 feet to a point |
|
for corner; |
|
- South 23° 59' 07" East, 53.87 feet to a point for the |
|
Northeast corner of said 170.94 acre tract; |
|
THENCE South 38° 52' 11" West with the East line of said 170.94 |
|
acre tract, 1,446.00 feet to a point for the Southeast corner of |
|
said 170.94 acre tract; |
|
THENCE with the Southerly line of said 170.94 acre tract as |
|
follows: |
|
- North 44° 06' 59" West, 301.32 feet to a point for corner; |
|
- North 32° 57' 59" West, 261.60 feet to a point for corner; |
|
- North 27° 31' 59" West, 58.00 feet to a point for corner; |
|
- North 60° 07' 59" West, 144.10 feet to a point for corner; |
|
- North 47° 10' 59" West, 343.10 feet to a point for corner; |
|
- North 42° 40' 59" West, 113.70 feet to a point for corner; |
|
- North 38° 08' 59" West, 191.80 feet to a point for corner; |
|
- North 58° 03' 59" West, 170.20 feet to a point for corner; |
|
- North 47° 44' 59" West, 153.30 feet to a point for corner; |
|
- North 36° 27' 59" West, 111.00 feet to a point for corner; |
|
- North 26° 08' 59" West, 65.60 feet to a point for corner; |
|
- North 42° 37' 59" West, 153.30 feet to a point for corner; |
|
- North 60° 44' 59" West, 103.40 feet to a point for corner; |
|
- North 49° 33' 59" West, 126.50 feet to a point for corner; |
|
- North 35° 31' 59" West, 103.20 feet to a point for corner; |
|
- North 08° 01' 59" West, 33.20 feet to a point for corner; |
|
- North 00° 54' 01" East, 65.60 feet to a point for corner; |
|
- North 32° 16' 01" East, 177.40 feet to a point for corner; |
|
- North 43° 23' 01" East, 182.90 feet to a point for corner; |
|
- North 82° 08' 59" West, 90.50 feet to a point for corner; |
|
- North 49° 46' 59" West, 75.30 feet to a point for corner; |
|
- North 34° 37' 59" West, 144.50 feet to a point for corner; |
|
- South 23° 17' 01" West, 88.20 feet to a point for corner; |
|
- South 08° 53' 01" West, 133.80 feet to a point for corner; |
|
- South 31° 03' 01" West, 65.90 feet to a point for corner; |
|
- South 32° 52' 01" West, 183.90 feet to a point for corner; |
|
- South 53° 24' 01" West, 24.80 feet to a point for corner; |
|
- South 82° 27' 01" West, 44.60 feet to a point for corner; |
|
- North 73° 14' 59" West, 185.70 feet to a point for corner; |
|
- North 66° 44' 59" West, 468.00 feet to a point for corner; |
|
- North 47° 24' 59" West, 277.70 feet to a point for corner; |
|
- North 73° 00' 59" West, 462.10 feet to a point for corner; |
|
- North 79° 19' 59" West, 350.00 feet to a point for corner; |
|
- North 54° 05' 59" West, 40.00 feet to a point for corner; |
|
- North 09° 16' 59" West, 54.10 feet to a point for corner; |
|
- North 08° 39' 01" East, 168.60 feet to a point for corner; |
|
- North 11° 19' 59" West, 152.30 feet to a point for corner; |
|
- South 21° 13' 01" West, 134.40 feet to a point for corner; |
|
- South 28° 29' 01" West, 95.80 feet to a point for corner; |
|
- South 23° 49' 41" West, 99.63 feet to a point for the |
|
Southwesterly corner of said 170.94 acre tract, said point also |
|
being in the North line of said 287.84 acre tract; |
|
THENCE South 48° 56' 38" East with the North line of said |
|
287.84 acre tract, 327.54 feet to a point on the North bank of the |
|
Pedernales River, now inundated by the waters of Lake Travis; |
|
THENCE with the North and West bank of said Pedernales River |
|
as follows: |
|
- South 64° 00' 00" West, 232.43 feet to a point for corner; |
|
- South 32° 00' 00" West, 202.00 feet to a point for corner; |
|
- South 08° 00' 00" West, 455.00 feet to a point for corner; |
|
- South 10° 00' 00" East, 400.00 feet to a point for corner; |
|
- South 19° 00' 00" East, 408.00 feet to a point for corner; |
|
- South 36° 11' 04" East, 509.92 feet to a point for corner; |
|
- South 22° 08' 43" East, 461.36 feet to a point for corner in |
|
the centerline of a ravine now inundated by the waters of Lake |
|
Travis; |
|
THENCE with the centerline of said ravine as follows: |
|
- South 69° 39' 01" West, 625.00 feet to a point for corner; |
|
- North 75° 35' 59" West, 440.00 feet to a point for corner; |
|
- North 65° 50' 59" West, 620.00 feet to a point for corner; |
|
- North 14° 35' 59" West, 440.00 feet to a point for corner; |
|
- North 16° 17' 01" East, 501.00 feet to a point for corner; |
|
- North 53° 21' 31" West, 176.92 feet to a point for corner; |
|
- North 44° 08' 58" West, 240.27 feet to a point for corner; |
|
- North 57° 26' 22" West, 119.19 feet to a point for corner; |
|
- North 51° 05' 53" West, 206.28 feet to a point for corner; |
|
- North 75° 14' 25" West, 112.08 feet to a point for corner; |
|
- North 13° 16' 01" East, 25.00 feet to a point for corner in |
|
the South line of said 287.84 acre tract; |
|
THENCE with the South line of said 287.84 acre tract as |
|
follows: |
|
- North 76° 43' 59" West, 10.45 feet to a point for corner; |
|
- North 68° 03' 09" West, 164.71 feet to a point for corner; |
|
- North 65° 55' 57" West, 480.75 feet to a point for corner; |
|
- North 66° 01' 19" West, 1,163.01 feet to a point for corner; |
|
- South 82° 57' 07" West, 16.87 feet to a point for corner; |
|
- North 31° 52' 00" West, 15.44 feet to a point for corner; |
|
- South 71° 50' 15" West, 1,009.06 feet to a point for the |
|
Southwesterly corner of said 287.84 acre tract, and the Northeast |
|
corner of said 15.241 acre tract; |
|
THENCE South 00° 16' 35" East, 260.71 feet to a point for |
|
corner; |
|
THENCE South 65° 57' 27" East, 110.68 feet to a point for |
|
corner; |
|
THENCE South 67° 01' 21" East, 32.47 feet to a point for |
|
corner; |
|
THENCE South 29° 11' 37" West, 55.50 feet to a point for |
|
corner; |
|
THENCE South 39° 16' 53" West, 11.52 feet to a point for corner |
|
for a Northeasterly corner of said 1.781 acre tract; |
|
THENCE with the East line of said 1.781 acre tract as follows: |
|
- South 30° 02' 03" East, 30.83 feet to a point for corner; |
|
- South 06° 24' 39" East, 80.85 feet to a point for corner; |
|
- South 20° 44' 41" West, 57.13 feet to a point for corner; |
|
- South 38° 38' 12" West, 58.24 feet to a point for corner; |
|
- South 52° 29' 45" West, 108.56 feet to a point for corner; |
|
- South 55° 46' 45" West, 181.13 feet to a point for corner in |
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the North line of said Paleface Ranch Road; |
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THENCE with the North line of said Paleface Ranch Road as |
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follows: |
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- North 37° 34' 31" West, 128.95 feet to a point for corner; |
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- North 37° 26' 17" West, 62.78 feet to a point for the |
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Southwest corner of said 1.781 acre tract, and the Southeast corner |
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of said 15.241 acre tract; |
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- North 37° 26' 17" West, 369.15 feet to a point for corner; |
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- North 40° 03' 08" West, 63.66 feet to a point for corner; |
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- North 18° 09' 23" West, 14.01 feet to a point for corner; |
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- North 43° 54' 03" West, 15.90 feet to a point for corner; |
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- North 68° 55' 02" West, 8.93 feet to a point for corner; |
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- North 40° 57' 50" West, 130.58 feet to a point for corner; |
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- North 45° 28' 49" West, 410.55 feet to a point for corner; |
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- North 52° 38' 51" West, 242.60 feet to the POINT OF |
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BEGINNING; containing 482.50 acres of land, more or less. |
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SECTION 3. (a) The legal notice of the intention to |
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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, |
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Government Code. |
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(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. |
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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 |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2526 passed the Senate on |
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May 12, 2009, by the following vote: Yeas 31, Nays 0; and that the |
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Senate concurred in House amendment on May 29, 2009, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2526 passed the House, with |
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amendment, on May 26, 2009, by the following vote: Yeas 142, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |