87(R) SB 2209 - Introduced version

	87R10273 JXC-F

	By: Powell, Springer	S.B. No. 2209

A BILL TO BE ENTITLED

relating to the creation of the Veale Ranch Municipal Management

District No. 1; providing authority to issue bonds; providing

authority to impose assessments, fees, and taxes; granting the

power of eminent domain.

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 3994 to read as follows:

CHAPTER 3994. VEALE RANCH MUNICIPAL MANAGEMENT DISTRICT NO. 1

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3994.0101. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "City" means the City of Fort Worth.

(3) "County" means Parker County or Tarrant County.

(4) "Director" means a board member.

(5) "District" means the Veale Ranch Municipal

Management District No. 1.

Sec. 3994.0102. NATURE OF DISTRICT. The Veale Ranch

Municipal Management District No. 1 is a special district created

under Section 59, Article XVI, Texas Constitution.

Sec. 3994.0103. 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.

(b) By creating the district and in authorizing a county,

the city, 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.

develop, encourage, and maintain employment, commerce,

transportation, housing, tourism, recreation, the arts,

entertainment, economic development, safety, and the public

welfare in the district.

(d) This chapter and the creation of the district may not be

interpreted to relieve a county or the city from providing the level

of services provided as of the effective date of the Act enacting

this chapter to the area in the district. The district is created

to supplement and not to supplant county or city services provided

in the district.

Sec. 3994.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.

(a) 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.

(b) The district is created to serve a public use and

benefit.

and is essential to further the public purposes of:

(1) developing and diversifying the economy of the

state;

(2) eliminating unemployment and underemployment; and

(3) developing or expanding transportation and

commerce.

(d) The district will:

(1) promote the health, safety, and general welfare of

residents, employers, potential employees, employees, visitors,

and consumers in the district, and of the public;

(2) provide needed funding for the district to

preserve, maintain, and enhance the economic health and vitality of

the district territory as a community and business center;

(3) promote the health, safety, welfare, and enjoyment

of the public by providing pedestrian ways and by landscaping and

developing certain areas in the district, which are necessary for

the restoration, preservation, and enhancement of scenic beauty;

and

(4) provide for water, wastewater, drainage, road, and

recreational facilities for the district.

(e) Pedestrian ways along or across a street, whether at

grade or above or below the surface, and street lighting, street

landscaping, parking, and street art objects are parts of and

necessary components of a street and are considered to be a street

or road improvement.

(f) The district will not act as the agent or

instrumentality of any private interest even though the district

will benefit many private interests as well as the public.

Sec. 3994.0105. INITIAL DISTRICT TERRITORY. (a) The

district is initially composed of the territory described by

Section 2 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2 of

the Act enacting this chapter form a closure. A mistake in the

field notes or in copying the field notes in the legislative process

does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bonds for the purposes

for which the district is created or to pay the principal of and

interest on the bonds;

(3) right to impose or collect an assessment or tax; or

(4) legality or operation.

Sec. 3994.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.

(a) All or any part of the area of the district is eligible to be

included in:

(1) a tax increment reinvestment zone created under

Chapter 311, Tax Code;

(2) a tax abatement reinvestment zone created under

Chapter 312, Tax Code; or

(3) an enterprise zone created under Chapter 2303,

Government Code.

(b) If the city or a county creates a tax increment

reinvestment zone described by Subsection (a), the city or county

and the board of directors of the zone, by contract with the

district, may grant money deposited in the tax increment fund to the

district to be used by the district for:

(1) the purposes permitted for money granted to a

corporation under Section 380.002(b), Local Government Code; and

(2) any other district purpose, including the right to

pledge the money as security for any bonds or other obligations

issued by the district under Subchapter E.

reinvestment zone described by Subsection (a), the city or county

may determine the percentage of the property in the zone that may be

used for residential purposes and is not subject to the limitations

provided by Section 311.006, Tax Code.

Sec. 3994.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

Sec. 3994.0108. CONSTRUCTION OF CHAPTER. This chapter

shall be liberally construed in conformity with the findings and

purposes stated in this chapter.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3994.0201. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five elected directors who serve staggered

terms of four years.

(b) Directors are elected in the manner provided by

Subchapter D, Chapter 49, Water Code.

Sec. 3994.0202. COMPENSATION; EXPENSES. (a) The district

may compensate each director in an amount not to exceed $150 for

each board meeting. The total amount of compensation for each

director in one year may not exceed $7,200.

(b) A director is entitled to reimbursement for necessary

and reasonable expenses incurred in carrying out the duties and

responsibilities of the board.

Sec. 3994.0203. INITIAL DIRECTORS. (a) The initial board

consists of the following directors:

Pos. No.

Name of Director

Aaron Murff

Colin Neblett

Cole Evans

Tim Roberts

David Rambie

(b) Of the initial directors, the terms of directors

appointed for positions one through three expire June 1, 2023, and

the terms of directors appointed for positions four and five expire

June 1, 2025.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3994.0301. GENERAL POWERS AND DUTIES. The district

has the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 3994.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The

district, using any money available to the district for the

purpose, may provide, design, construct, acquire, improve,

relocate, operate, maintain, or finance an improvement project or

service authorized under this chapter or Chapter 372 or 375, Local

Government Code.

(b) The district may contract with a governmental or private

entity to carry out an action under Subsection (a).

governmental function or service for the purposes of Chapter 791,

Government Code.

Sec. 3994.0303. NONPROFIT CORPORATION. (a) The board by

resolution may authorize the creation of a nonprofit corporation to

assist and act for the district in implementing a project or

providing a service authorized by this chapter.

(b) The nonprofit corporation:

(1) has each power of and is considered to be a local

government corporation created under Subchapter D, Chapter 431,

Transportation Code; and

(2) may implement any project and provide any service

authorized by this chapter.

nonprofit corporation. The board of directors of the nonprofit

corporation shall serve in the same manner as the board of directors

of a local government corporation created under Subchapter D,

Chapter 431, Transportation Code, except that a board member is not

required to reside in the district.

Sec. 3994.0304. LAW ENFORCEMENT SERVICES. To protect the

public interest, the district may contract with a county or the city

to provide additional law enforcement services in the district for

a fee.

Sec. 3994.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.

The district may join and pay dues to a charitable or nonprofit

organization that performs a service or provides an activity

consistent with the furtherance of a district purpose.

Sec. 3994.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The

district may engage in activities that accomplish the economic

development purposes of the district.

(b) The district may establish and provide for the

administration of one or more programs to promote state or local

economic development and to stimulate business and commercial

activity in the district, including programs to:

(1) make loans and grants of public money; and

(2) provide district personnel and services.

and exercise the economic development powers provided to

municipalities by:

(1) Chapter 380, Local Government Code; and

(2) Subchapter A, Chapter 1509, Government Code.

Sec. 3994.0307. PARKING FACILITIES. (a) The district may

acquire, lease as lessor or lessee, construct, develop, own,

operate, and maintain parking facilities or a system of parking

facilities, including lots, garages, parking terminals, or other

structures or accommodations for parking motor vehicles off the

streets and related appurtenances.

(b) The district's parking facilities serve the public

purposes of the district and are owned, used, and held for a public

purpose even if leased or operated by a private entity for a term of

years.

necessary components of a street and are considered to be a street

or road improvement.

(d) The development and operation of the district's parking

facilities may be considered an economic development program.

Sec. 3994.0308. ADDING OR EXCLUDING LAND. The district may

add or exclude land in the manner provided by Subchapter J, Chapter

49, Water Code, or by Subchapter H, Chapter 54, Water Code.

Sec. 3994.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The

board by resolution shall establish the number of directors'

signatures and the procedure required for a disbursement or

transfer of district money.

Sec. 3994.0310. RAIL FACILITIES. The district may

relocate, construct, acquire, improve, maintain, and operate rail

facilities and improvements in aid of those facilities.

Sec. 3994.0311. EMINENT DOMAIN. The district may exercise

the power of eminent domain in the manner provided by Section

49.222, Water Code.

Sec. 3994.0312. DIVISION OF DISTRICT. (a) The district may

be divided into two or more new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) This chapter applies to any new district created by the

division of the district, and a new district has all the powers and

duties of the district.

may not, at the time the new district is created, contain any land

outside the area described by Section 2 of the Act enacting this

chapter.

(d) The board, on its own motion or on receipt of a petition

signed by the owner or owners of a majority of the assessed value of

the real property in the district, may adopt an order dividing the

district.

(e) An order dividing the district must:

(1) name each new district;

(2) include the metes and bounds description of the

territory of each new district;

(3) appoint initial directors for each new district;

and

(4) provide for the division of assets and liabilities

between or among the new districts.

(f) On or before the 30th day after the date of adoption of

an order dividing the district, the district shall file the order

with the Texas Commission on Environmental Quality and record the

order in the real property records of each county in which the

district is located.

(g) Any new district created by the division of the district

must hold an election as required by this chapter to obtain voter

approval before the district may impose a maintenance tax or issue

bonds payable wholly or partly from ad valorem taxes.

(h) Municipal consent to the creation of the district and to

the inclusion of land in the district granted under Section

3994.0506 acts as municipal consent to the creation of any new

district created by the division of the district and to the

inclusion of land in the new district.

SUBCHAPTER D. ASSESSMENTS

Sec. 3994.0401. PETITION REQUIRED FOR FINANCING SERVICES

AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a

service or improvement project with assessments under this chapter

unless a written petition requesting that service or improvement

has been filed with the board.

(b) A petition filed under Subsection (a) must be signed by

the owners of a majority of the assessed value of real property in

the district subject to assessment according to the most recent

certified tax appraisal roll for the county.

Sec. 3994.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)

The board by resolution may impose and collect an assessment for any

purpose authorized by this chapter in all or any part of the

district.

(b) An assessment, a reassessment, or an assessment

resulting from an addition to or correction of the assessment roll

by the district, penalties and interest on an assessment or

reassessment, an expense of collection, and reasonable attorney's

fees incurred by the district:

(1) are a first and prior lien against the property

assessed;

(2) are superior to any other lien or claim other than

a lien or claim for county, school district, or municipal ad valorem

taxes; and

(3) are the personal liability of and a charge against

the owners of the property even if the owners are not named in the

assessment proceedings.

resolution imposing the assessment until the date the assessment is

paid. The board may enforce the lien in the same manner that the

board may enforce an ad valorem tax lien against real property.

(d) The board may make a correction to or deletion from the

assessment roll that does not increase the amount of assessment of

any parcel of land without providing notice and holding a hearing in

the manner required for additional assessments.

Sec. 3994.0403. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.

Section 375.161, Local Government Code, does not apply to the

district.

SUBCHAPTER E. TAXES AND BONDS

Sec. 3994.0501. TAX ELECTION REQUIRED. (a) The district

must hold an election in the manner provided by Chapter 49, Water

Code, or, if applicable, Chapter 375, Local Government Code, to

obtain voter approval before the district may impose an ad valorem

tax.

(b) Section 375.243, Local Government Code, does not apply to

the district.

Sec. 3994.0502. OPERATION AND MAINTENANCE TAX. (a) If

authorized by a majority of the district voters voting at an

election under Section 3994.0501, the district may impose an

operation and maintenance tax on taxable property in the district

in the manner provided by Section 49.107, Water Code, for any

district purpose, including to:

(1) maintain and operate the district;

(2) construct or acquire improvements; or

(3) provide a service.

(b) The board shall determine the operation and maintenance

tax rate. The rate may not exceed the rate approved at the

election.

Sec. 3994.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE

BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on

terms determined by the board.

(b) The district may issue, by public or private sale,

bonds, notes, or other obligations payable wholly or partly from ad

valorem taxes, assessments, impact fees, revenue, contract

payments, grants, or other district money, or any combination of

those sources of money, to pay for any authorized district purpose.

bonds, notes, or other obligations provided by Section 49.4645,

Water Code, does not apply to the district.

(d) The district may issue, by public or private sale,

bonds, notes, or other obligations payable wholly or partly from

assessments in the manner provided by Subchapter A, Chapter 372,

Local Government Code, if the improvements financed by an

obligation issued under this section will be conveyed to or

operated and maintained by a county, a municipality, or other

retail utility provider pursuant to an agreement with the district

entered into before the issuance of the obligation.

Sec. 3994.0504. BONDS SECURED BY REVENUE OR CONTRACT

PAYMENTS. The district may issue, without an election, bonds

secured by:

(1) revenue other than ad valorem taxes, including

contract revenues; or

(2) contract payments, provided that the requirements

of Section 49.108, Water Code, have been met.

Sec. 3994.0505. BONDS SECURED BY AD VALOREM TAXES;

ELECTIONS. (a) If authorized at an election under Section

3994.0501, the district may issue bonds payable from ad valorem

taxes.

(b) At the time the district issues bonds payable wholly or

partly from ad valorem taxes, the board shall provide for the annual

imposition of a continuing direct annual ad valorem tax, without

limit as to rate or amount, for each year that all or part of the

bonds are outstanding as required and in the manner provided by

Sections 54.601 and 54.602, Water Code.

may be acquired by a district by the issuance of its bonds may be

submitted as a single proposition or as several propositions to be

voted on at the election.

Sec. 3994.0506. CONSENT OF MUNICIPALITY AND DEVELOPMENT

AGREEMENT REQUIRED. (a) The board may not hold an election to

authorize the issuance of bonds until:

(1) the governing body of the city by ordinance or

resolution consents to the creation of the district and to the

inclusion of land in the district; and

(2) the district, the city, and the owner or owners of

a majority of the assessed value of real property in the district

negotiate and execute a mutually approved and accepted development

and operating agreement, including any limitations imposed by the

city.

(b) The city's consent under Subsection (a) must be granted

in the manner provided by Section 54.016, Water Code, for including

land within the corporate limits or extraterritorial jurisdiction

of a city.

SUBCHAPTER I. DISSOLUTION

Sec. 3994.0901. DISSOLUTION. (a) The board shall dissolve

the district on written petition filed with the board by the owners

of:

(1) 66 percent or more of the assessed value of the

property subject to assessment by the district based on the most

recent certified county property tax rolls; or

(2) 66 percent or more of the surface area of the

district, excluding roads, streets, highways, utility

rights-of-way, other public areas, and other property exempt from

assessment by the district according to the most recent certified

county property tax rolls.

(b) The board by majority vote may dissolve the district at

any time.

Subsection (a) or (b) if the district:

(1) has any outstanding bonded indebtedness until that

bonded indebtedness has been repaid or defeased in accordance with

the order or resolution authorizing the issuance of the bonds;

(2) has a contractual obligation to pay money until

that obligation has been fully paid in accordance with the

contract; or

(3) owns, operates, or maintains public works,

facilities, or improvements unless the district contracts with

another person for the ownership, operation, or maintenance of the

public works, facilities, or improvements.

(d) Sections 375.261, 375.262, and 375.264, Local

Government Code, do not apply to the district.

SECTION 2. The Veale Ranch Municipal Management District

No. 1 initially includes all territory contained in the following

area:

All that certain 3790.36 acre tract or parcel of land situated in

Tarrant and Parker Counties of the State of Texas and being part of

the H. T. & B. RR Co. Survey, Section Number 3, Abstract Number 648,

the N. Underwood Survey, Abstract Number 1579, the I. & G. N. RR Co.

Survey, Abstract Number 2002, the W. Robinson Survey, Abstract

Number 1107, the I. & G. N. RR Co. Survey, Abstract Number 2224, the

I & G. N. RR Co. Survey, Abstract Number 1991, in said Parker

County; and being part of the I. & G. N. RR Co. Survey, Abstract

Number not yet assigned this date, the I & G. N. RR Co. Survey,

Abstract Number not yet assigned this date, the W. Robinson Survey,

Abstract Number 1274, the H. Lane Survey, Abstract Number 928, the

T. & N. O. RR Survey, Abstract Number 1567, the S. A. & M. G. RR Co.

Survey, Abstract Number 1479, the Socorro Farming Co. Survey,

Abstract Number 1844, the G. H. & H. RR Survey, Abstract Number 623,

the D. Dixon Survey, Abstract Number 442, the D. T. Finley Survey,

Abstract Number 1900, the D. T. Finley Survey, Abstract Number

1903, and all of the W. Atkins Survey, Abstract Number 1961 in said

Tarrant County, said tract being part of a called 3893.555 acre

tract as described in a deed to Iona L.L.C., filed 24 April 2003,

and recorded in volume 2096 page 106 of the Official Property

Records of said Parker County, Texas, (hereinafter referred to as

OPRPC), and recorded in instrument D203145633 of the Official

Records of said Tarrant County (hereinafter referred to as ORTC),

and said tract being all of a called 11.000 acre tract as described

in deed to Iona Land, L.P., filed 03 May 2005, and recorded in

instrument number D205124001, and said tract being all of the

remainder of a called 62.050 acre tract of land and all of a called

0.847 acre tract of land as described in a deed to Iona East L.L.C.,

filed 21 April 2015, recorded in Document Number 215081241 of said

ORTC, said tract also being all of a called 25.00 acre tract as

described in a deed to Iona East L.L.C., filed 21 April 2015,

recorded in Document Number 215081239 of said ORTC, and being more

particularly described as follows;

BEGINNING at a nail found at the base of a pipe fence corner post for

the most southerly southeast corner of the tract being described,

said nail having NAD83 Grid coordinates of N-6918724.96,

E-2268232.52, and said nail being the most southerly southeast

corner of said Iona 3893.555 acre tract, same being the northeast

corner of a called 584.049 acre tract of land to Aledo Real Estate

Landholdings Group LLC, filed 30 May 2007, recorded in Document

Number 207185948 of said ORTC, said nail also being on the west line

of a called 1214.617 acre tract of land as described in a deed to

Johnny Hampton (Bud) Vinson II and Cheryl R. Vinson, filed 24 May

2004, recorded in Document Number 204159103 of said ORTC;

THENCE: South 89 degrees 26 minutes 17 seconds West, with the south

line of said Iona 3893.555 acre tract and the north line of said

Aledo tract, and along and near a barbed wire fence, a distance of

5820.74 feet to a found 1/2 inch iron rod for the most southerly

southwest corner of said Iona 3893.555 acre tract, same being the

northwest corner of the Bella Flora, an Addition to said Tarrant

County, according to plat of the same authorized 12 November 2013,

and recorded in document number D213294652 of the Plat Records of

said Tarrant County, and said rod being in the east line of a called

231-522/100 acre tract of land as described in a deed to Forest C.

Barber, Jr., filed 12 November 2004, recorded in Document Number

204353915 of said ORTC;

THENCE: North 00 degrees 33 minutes 10 seconds West, with the west

line of said Iona 3893.555 acre tract and the east line of said

Barber tract, and along and near a barbed wire fence, a distance of

2870.96 feet to a found 1 inch pipe for an inner ell corner of said

Iona 3893.555 acre tract, same being the northeast corner of said

Barber tract;

THENCE: North 89 degrees 46 minutes 26 seconds West, with a south

line of said Iona 3893.55 acre tract and the north line of said

Barber tract and along and near a barbed wire fence, a distance of

1327.34 feet to a set 1/2 inch rebar for a southwest corner of said

Iona 3893.555 acre tract, same being the southeast corner of Tract

36, of the Creeks of Aledo Subdivision, filed 09 April 2003,

recorded in volume 2095 page 1608, of said OPRPC, and said rebar

being North 89 degrees 48 minutes 04 seconds East, a distance of

367.85 feet from a found 1 inch rod by a Set Stone being the

northeast corner of the J.F. Gomer Survey, Abstract Number 496;

THENCE: North 34 degrees 15 minutes 21 seconds West, with the

northeast line of said Tract 36, a distance of 569.06 feet to a set

1/2 inch rebar for an angle point in said northeast line;

THENCE: North 34 degrees 02 minutes 46 seconds West, with the

northeast line of said Tract 36, a distance of 420.94 feet to a

found capped iron rod at the base of a pipe fence corner post on the

northeast corner of said Tract 36, same being the southeast corner

of Tract 37, of the Creeks of Aledo Subdivision, filed 28 March

2001, recorded in volume 1919 page 1365 of said OPRPC;

THENCE: North 34 degrees 04 minutes 37 seconds West, with the

northeast line of said Tract 37, a distance of 483.85 feet to a set

1/2 inch rebar for an angle point in said northeast line;

THENCE: North 34 degrees 03 minutes 53 seconds West, with the

northeast line of said Tract 37, a distance of 418.88 feet to a set

1/2 inch rebar at the north corner of said Tract 37, same being the

east corner of Tract 38, of the Creeks of Aledo Subdivision, filed

22 May 2002, recorded in volume 2012 page 926 of said OPRPC;

THENCE: North 34 degrees 01 minutes 19 seconds West, with the

northeast line of said Tract 38, a distance of 289.75 feet to a pipe

fence corner post at the north corner of said Tract 38, same being

the east corner of Tract 39, of the Creeks of Aledo Subdivision,

filed 22 May 2002, recorded in volume 2012 page 926 of said OPRPC;

THENCE: North 34 degrees 06 minutes 35 seconds West, with the

northeast line of said Tract 39, a distance of 379.38 feet to a

found 1/2 inch iron rod at the base of a fence corner post, said post

being at the north corner of Tract 39, same being the east corner of

Tract 40, of the Creeks of Aledo Subdivision, filed 10 April 2002,

recorded in volume 2002 page 1945 of said OPRPC;

THENCE: North 34 degrees 08 minutes 47 seconds West, with the

northeast line of said Tract 40, a distance of 709.67 feet to a set

1/2 inch rebar for the north corner of said Tract 40, same being the

most easterly east corner of Tract 25 of the Creeks of Aledo

Subdivision, filed 10 April 2002, recorded in volume 2002 page 1945

of said OPRPC;

THENCE: North 34 degrees 06 minutes 45 seconds West, with the

northeast line of said Tract 25, a distance of 607.13 feet to a set

1/2 inch rebar for the north corner of said Tract 25, same being the

east corner of Tract 27 of the Creeks of Aledo Subdivision, filed 28

March 2001, recorded in volume 1919 page 1364 of said OPRPC;

THENCE: North 33 degrees 58 minutes 11 seconds West, with the

northeast line of said Tract 27, passing at 5.03 feet a found iron

pipe on the northeast line of said Tract 27 and continuing a total a

distance of 316.12 feet to a set 1/2 inch rebar for an angle point in

said northeast line;

THENCE: North 34 degrees 08 minutes 10 seconds West, with the

northeast line of said Tract 27, a distance of 79.78 feet to a found

iron rod for the north corner of said Tract 27, same being the east

corner of Tract 29 of the Creeks of Aledo Subdivision, filed 28

March 2001, recorded in volume 1919 page 1364 of said OPRPC;

THENCE: North 34 degrees 15 minutes 17 seconds West, with the

northeast line of said Tract 29, a distance of 322.40 feet to a set

1/2 inch rebar at the base of a pipe fence corner post for an ell

corner of said Iona 3893.555 acre tract, same being a corner of said

Tract 29;

THENCE: North 81 degrees 29 minutes 34 West, with the north line of

said Tract 29, passing at 95.36 feet a found iron rod at the

northwest corner of said Tract 29, same being the northeast corner

of said Tract 30 and passing at 744.18 feet a found iron rod at the

northwest corner of said Tract 30, same being the northeast corner

of Tract 28 and continuing a total distance of 1026.64 feet to a set

1/2 inch rebar on the northwest corner of said Tract 28, same being

the northeast corner of Tract 43 of the Creeks of Aledo Subdivision,

filed 26 April 2000, in said OPRPC;

THENCE: North 83 degrees 10 minutes 18 seconds West, with the north

line of Tract 43, passing at 250.45 feet at a set 1/2 inch rebar on

the northwest corner of said Tract 43, same being the northeast

corner of Tract 44 of said Creeks of Aledo Subdivision, filed 26

April 2000, in said OPRPC, and continuing with the north line of

said Tract 44, a total distance of 458.63 feet to a set 1/2 inch

rebar for a corner of this tract;

THENCE: North, a distance of 1969.64 feet to a set 1/2 inch rebar

for a corner of this tract;

THENCE: North 34 degrees 04 minutes 42 seconds West, a distance of

606.04 feet to a set 1/2 inch rebar for a corner of this tract;

THENCE: North 89 degrees 58 minutes 37 seconds West, and passing at

327.98 feet a found iron rod being the northeast corner of a called

5.00 acre tract as described in deed to Robert Leland Ekstrom, filed

04 May 2010, and recorded in volume 2776 page 1198 of the official

public records of said Parker County, and continuing on said course

with the north line of said Ekstrom 5 acre tract and passing at

1080.38 feet a found iron rod being the northwest corner of said

Esktrom 5 acre tract, and continuing on said course a total distance

of 1239.90 feet to a set 1/2 inch rebar for a corner of this tract;

THENCE: South 24 degrees 30 minutes 06 seconds West, a distance of

1362.24 feet to a set 1/2 inch rebar for a corner of this tract;

THENCE: West, a distance of 635.99 feet to a set 1/2 inch rebar for

the most westerly southwest corner of this tract, said rebar being

on the east line of Farm to Market Road Number 1187, same being the

west line of said Iona Tract said rebar being North 00 degrees 48

minutes 31 seconds East, a distance of 1000.26 feet from a found 1\2

inch rebar being the southwest corner of a 120.88 acre tract;

THENCE: North 00 degrees 48 minutes 31 seconds East, with the east

line of said road 1187, a distance of 2051.06 feet to a set 1/2 inch

rebar for a corner of this tract, and said rebar being on the

southeast line of Aledo Iona Road;

THENCE: With the south line of said Aledo Iona Road the following

seventeen (17) calls:

1. North 33 degrees 11 minutes 47 seconds East, a distance of

1752.65 feet to a set 1\2" rebar;

2. North 36 degrees 53 minutes 00 seconds East, a distance of

813.13 feet to a pipe fence corner post;

3. North 57 degrees 20 minutes 59 seconds East, a distance of

970.84 feet to a pipe fence corner post;

4. North 77 degrees 47 minutes 00 seconds East, a distance of

434.81 feet to a pipe fence corner post;

5. North 85 degrees 44 minutes 03 seconds East, a distance of

448.55 feet to a pipe fence corner post;

6. North 77 degrees 08 minutes 49 seconds East, a distance of

622.41 feet to a pipe fence corner post;

7. North 84 degrees 37 minutes 50 seconds East, a distance of

850.19 feet to a set 1\2" rebar;

8. South 86 degrees 35 minutes 40 seconds East, a distance of 58.49

feet to a set 1\2" rebar;

9. North 84 degrees 17 minutes 28 seconds East, a distance of

1593.30 feet to a fence corner post;

10. North 84 degrees 12 minutes 06 seconds East, a distance of

1463.59 feet to a fence corner post;

11. North 84 degrees 26 minutes 03 seconds East, a distance of

377.37 feet to a fence corner post;

12. North 84 degrees 18 minutes 18 seconds East, a distance of

378.43 feet to a set 1\2" rebar;

13. North 86 degrees 52 minutes 33 seconds East, a distance of

261.06 feet to a set 1\2" rebar;

14. South 88 degrees 14 minutes 59 seconds East, a distance of

212.79 feet to a set 1\2" rebar;

15. South 84 degrees 02 minutes 19 seconds East, a distance of

189.05 feet to a set 1\2" rebar;

16. South 80 degrees 23 minutes 48 seconds East, a distance of

724.30 feet to a set 1\2" rebar;

17. North 09 degrees 38 minutes 43 seconds East, a distance of

41.36 feet to a set 1\2" rebar for a corner of this tract, said

rebar being on the south line of the Union Pacific Railroad,

formerly known as the Texas & Pacific Railway;

THENCE: With the south line of said Railroad the following eighteen

(18) calls:

1. South 80 degrees 21 minutes 17 seconds East, a distance of

549.51 feet to a set 1\2" rebar for an angle point, said rebar

being on the west line of said Lane Survey, same being the east

line of said Robinson Survey;

2. South 00 degrees 31 minutes 22 seconds East, with the west line

of said Lane Survey, and the east line of said Robinson Survey,

a distance of 25.40 feet to a set 1\2" rebar for a corner;

3. South 80 degrees 21 minutes 17 seconds East, a distance of

1999.95 feet to a set 1\2" rebar for a start of a curve to the

right;

4. With said curve to the right, an arc length of 766.60 feet, with

a central angle of 25 degrees 35 minutes 43 seconds, and a

radius of 1716.07 feet, and a chord bearing and distance of

South 67 degrees 33 minutes 26 seconds East, 760.25 feet to a

set 1\2 inch rebar for the end of said curve to the right;

5. South 54 degrees 45 minutes 35 seconds East, a distance of

411.67 feet to a set 1\2 inch rebar for the start of a curve to

the left;

6. With said curve to the left, an arc length of 1133.46 feet, with

a central angle of 31 degrees 40 minutes 10 seconds, and a

radius of 2050.63 feet, with a chord bearing and distance of

South 70 degrees 35 minutes 40 seconds East, 1119.09 feet to a

set 1\2 inch rebar for the end of said curve to the left;

7. South 86 degrees 25 minutes 45 seconds East, a distance of

2213.78 feet to a set 1\2 inch rebar for the start of a curve to

the left;

8. With said curve to the left, an arc length of 192.54 feet, with

a central angle of 05 degrees 24 minutes 18 seconds, and a

radius of 2041.02 feet, with a chord bearing and distance of

South 89 degrees 07 minutes 54 seconds East, 192.47 feet to a

set 1\2 inch rebar for the end of said curve to the left, said

rebar being on the west line of said Socorro Survey, same being

the east line of said S.A.&M.G. RR Co Survey, A-1479;

9. North 00 degrees 33 minutes 35 seconds West, with the west line

of said Socorro Survey, and with the east line of said

S.A.&M.G. RR Survey, a distance of 25.01 feet to a set 1\2 inch

rebar for the start of a curve to the left;

10. With said curve to the left, an arc length of 576.88 feet, with

a central angle of 16 degrees 23 minutes 43 seconds, and a

radius of 2016.02 feet, with a chord bearing and distance of

North 79 degrees 57 minutes 09 seconds East, 574.92 feet to a

set 1\2 inch rebar for the end of said curve to the left;

11. South 18 degrees 14 minutes 42 seconds East, a distance of

50.01 feet to a set 1\2 inch rebar for the start of a curve to

the left;

12. With said curve to the left, an arc length of 238.39 feet, with

a central angle of 06 degrees 36 minutes 40 seconds, and a

radius of 2066.03 feet, with a chord bearing and distance of

North 68 degrees 26 minutes 58 seconds East, 238.26 feet to a

set 1\2 inch rebar for the end of said curve to the left;

13. North 65 degrees 08 minutes 20 seconds East, a distance of

460.91 feet to a set 1\2 inch rebar for the start of a curve to

the right;

14. With said curve to the right, an arc length of 789.93 feet,

with a central angle of 11 degrees 17 minutes 02 seconds, and a

radius of 4011.02 feet, with a chord bearing and distance of

North 72 degrees 14 minutes 04 seconds East, 788.66 feet to a

set 1\2 inch rebar for the end of said curve to the right;

15. North 12 degrees 07 minutes 25 seconds West, a distance of

50.01 feet to a set 1\2 inch rebar for the start of a curve to

the right;

16. With said curve to the right, an arc length of 83.77 feet, with

a central angle of 01 degrees 10 minutes 55 seconds, and a

radius of 4061.03 feet, with a chord bearing and distance of

North 78 degrees 28 minutes 03 seconds East, 83.77 feet to a

set 1\2 inch rebar for the end of said curve to the right, same

being the start of a compound curve to the right;

17. With said compound curve to the right, an arc length of 1607.42

feet, with a central angle of 17 degrees 33 minutes 43

seconds, and a radius of 5244.19 feet, with a chord bearing

and distance of North 88 degrees 43 minutes 51 seconds East,

1601.13 feet to a set 1\2 inch rebar for the end of said

compound curve to the right;

18. South 82 degrees 08 minutes 49 seconds East, and passing at

280.72 feet a found 1 inch pipe by a fence corner post on the

east line of said G.H.&H. RR Survey, same being the west line

of said Dixon Survey, and being the northeast corner of said

Iona 3893.555 acre tract, same being the northwest corner of

said Iona East 25.00 acre tract, and continuing on said

course, a total distance of 1633.04 feet to a set 1/2 inch

rebar for the most northerly northeast corner of this tract,

same being the northeast corner of said Iona East 25.00 acre

tract, said rebar being on the west line of Farm to Market Road

2871 and said rebar being the start of a curve to the left,

having a central angle of 22 degrees 31 minutes 58 seconds, a

radius of 2417.57 feet, and a chord bearing and distance of

South 11 degrees 35 minutes 48 seconds East, 944.64 feet;

THENCE: With the west line of said FM Road 2871, and with said curve

to the left, an arc length of 950.76 feet to a found capped iron rod

for the most easterly southeast corner of this tract, said rod being

the southeast corner of said Iona East 0.847 acre tract and said rod

being the remainder northeast corner of a called 3.429 acre tract as

described in deed to Benbrook Christian Fellowship, filed 16 June

2005, and recorded in county clerks number D205170789 of said ORTC;

THENCE: South 64 degrees 26 minutes 52 seconds West, with the south

line of said Iona East 0.847 acre tract part of the way, a distance

of 475.37 feet to a found 1/2 inch iron rod for a corner of this

tract, said rod being a corner of a called 11.350 acre tract as

described in deed to Benbrook Christian Fellowship, filed 11

November 2003, and recorded in county clerks number D203422046 of

said ORTC;

THENCE: South 47 degrees 54 minutes 42 seconds West, with the north

line of said 11.350 acre tract, a distance of 222.02 feet to a set

1/2 inch iron rod for a corner of this tract, same being a corner of

said 11.350 acre tract;

THENCE: South 31 degrees 23 minutes 01 seconds West, with the north

line of said 11.350 acre tract, and with a barbed wire fence, a

distance of 625.02 feet to a set 1/2 inch rebar for the most

southerly southeast corner of said Iona East 62.050 Acre tract,

same being the southwest corner of said 11.350 acre tract;

THENCE: South 89 degrees 36 minutes 36 seconds West, with the south

line of said Iona East 62.050 acre tract, a distance of 597.88 feet

to a set 1/2 inch rebar for the southwest corner of said Iona East

62.050 Acre tract, same being the northwest corner of Lot 1, Block

1, of the Benbrook Water and Sewer Authority Tank Site, filed in

cabinet A, slide 4324, of the plat records of said Tarrant County,

said rebar also being on the east line of said Iona 3893.555 acre

tract;

THENCE: South 00 degrees 21 minutes 32 seconds East, with the east

line of said Iona 3893.555 acre tract, and with the west line of

said Benbrook Water and Sewer Authority Tank Site, a distance of

8.83 feet to a found capped iron rod for the most southerly

southeast corner of said Iona 3893.555 acre tract, same being the

northeast corner of a called 117.198 acres tract of land as

described in a deed to PB Ventana 1 LLC, filed 17 June 2015,

recorded in Document Number 215129625, of said ORTC;

THENCE: South 89 degrees 26 minutes 37 seconds West, with the south

line of said Iona tract and the north line of said PB Ventana tract,

and with a barbed wire fence, a distance of 3712.74 feet to a found 1

inch iron rod for an inner ell corner of said Iona 3893.555 acre

tract, same being the northwest corner of a called 162.310 acre

tract as described in a deed to PB Long Term Hold 1, LP, filed 17

June 2015, recorded in Document Number 215129626 of said ORTC;

THENCE: South 00 degrees 32 minutes 18 seconds East, with the east

line of said Iona 3893.555 acre tract and the west line of said PB

Long Term tract, and along and near a barbed wire fence part of the

way, a distance of 6921.26 feet to a found 1 inch iron rod for a

southeast corner of said Iona 3893.555 acre tract, same being an

inner ell corner of said Vinson tract;

THENCE: South 89 degrees 27 minutes 33 Seconds West, with the south

line of said Iona 3893.555 acre tract and the north line of said

Vinson tract, a distance of 3180.16 feet to a found 1 inch iron rod

for an ell corner of said Iona 3893.555 acre tract, same being the

most westerly northwest corner of said Vinson tract;

THENCE: South 00 degrees 32 minutes 52 seconds East, with the east

line of said Iona 3893.555 acre tract and the west line of said

Vinson tract, a distance of 3556.23 feet to the POINT OF BEGINNING

and containing 3790.36 acres of land.

NAD 83 Grid Bearings and Distances reflect Surface Measurements.

SECTION 3. (a) The legal notice of the intention to

introduce this Act, setting forth the general substance of this

Act, has been published as provided by law, and the notice and a

copy of this Act have been furnished to all persons, agencies,

officials, or entities to which they are required to be furnished

under Section 59, Article XVI, Texas Constitution, and Chapter 313,

Government Code.

(b) The governor, one of the required recipients, has

submitted the notice and Act to the Texas Commission on

Environmental Quality.

its recommendations relating to this Act with the governor,

lieutenant governor, and speaker of the house of representatives

within the required time.

(d) All requirements of the constitution and laws of this

state and the rules and procedures of the legislature with respect

to the notice, introduction, and passage of this Act have been

fulfilled and accomplished.

SECTION 4. (a) Section 3994.0311, Special District Local

Laws Code, as added by Section 1 of this Act, takes effect only if

this Act receives a two-thirds vote of all the members elected to

each house.

(b) If this Act does not receive a two-thirds vote of all the

members elected to each house, Subchapter C, Chapter 3994, Special

District Local Laws Code, as added by Section 1 of this Act, is

amended by adding Section 3994.0311 to read as follows:

Sec. 3994.0311. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

legislative interpretation of the requirements of Section 17(c),

Article I, Texas Constitution.

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, 2021.