1-1 AN ACT
1-2 relating to the creation of the First Colony Management District.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle A, Title 12, Local Government Code, is
1-5 amended by adding Chapter 376 to read as follows:
1-6 CHAPTER 376. SPECIFIC MUNICIPAL MANAGEMENT DISTRICTS
1-7 (Subchapters A-C reserved for expansion
1-8 SUBCHAPTER D. FIRST COLONY MANAGEMENT DISTRICT
1-9 Sec. 376.111. CREATION OF DISTRICT. (a) A special district
1-10 to be known as the "First Colony Management District" exists as a
1-11 governmental agency, body politic and corporate, and political
1-12 subdivision of the state.
1-13 (b) The name of the district may be changed by resolution of
1-14 the board.
1-15 (c) The creation of the district is essential to accomplish
1-16 the purposes of Section 52, Article III, Section 59, Article XVI,
1-17 and Section 52-a, Article III, Texas Constitution, and other public
1-18 purposes stated in this subchapter.
1-19 Sec. 376.112. DECLARATION OF INTENT. (a) The creation of
1-20 the district is necessary to promote, develop, encourage, and
1-21 maintain employment, commerce, transportation, housing, tourism,
1-22 recreation, arts, entertainment, economic development, safety, and
1-23 the public welfare in the municipality.
1-24 (b) The creation of the district and this legislation is not
2-1 to be interpreted to relieve the county or the municipality from
2-2 providing the level of services, as of September 1, 1997, to the
2-3 area in the district or to release the county or the municipality
2-4 from the obligations each entity has to provide services to that
2-5 area. The district is created to supplement and not supplant the
2-6 municipal or county services provided in the area in the district.
2-7 (c) By creating the district and in authorizing the
2-8 municipality, county, and other political subdivisions to contract
2-9 with the district, the legislature has established a program to
2-10 accomplish the public purposes set out in Section 52-a, Article
2-11 III, Texas Constitution.
2-12 Sec. 376.113. DEFINITIONS. In this subchapter:
2-13 (1) "Board" means the board of directors of the
2-14 district.
2-15 (2) "District" means the First Colony Management
2-16 District.
2-17 (3) "Municipality" means the City of Sugar Land,
2-18 Texas.
2-19 (4) "County" means Fort Bend County, Texas.
2-20 Sec. 376.114. BOUNDARIES. The district includes all the
2-21 territory contained in the following described area:
2-22 Being a 517.5 acre tract of land out of the S.M. William
2-23 League, Abstract 97, the Alexander Hodge League, Abstract 32 and
2-24 the Elijah Alcorn League, Abstract 1, Fort Bend County, Texas; said
2-25 517.5 acre tract being more particularly described by metes and
2-26 bounds as follows (all bearings are referenced to the recorded plat
2-27 of the Replat of Sweetwater Plaza Commercial Reserves "B" and "C" a
3-1 subdivision plat recorded on slide number 1515-B of the Fort Bend
3-2 County Plat Records (F.B.C.P.R.):
3-3 BEGINNING AT A 5/8-inch iron rod found for the southwest
3-4 corner of the Replat of Sweetwater Plaza Commercial Reserves "B" &
3-5 "C";
3-6 Thence, with the west line, of said Replat, North 01 degrees
3-7 50 minutes 41 seconds West, a distance of 355.00 feet to the south
3-8 Right-of-way (R.O.W.) line of U.S. Highway 59;
3-9 Thence, crossing said U.S. Highway 59, North 01 degrees 52
3-10 minutes 08 seconds West, a distance of 393.87 feet to the north
3-11 R.O.W. line of U.S. Highway 59, same being the southwest corner of
3-12 First Colony Boulevard Commercial Park, a subdivision plat recorded
3-13 on slide number 1552-B of the F.B.C.P.R.;
3-14 Thence, with the west line of said First Colony Boulevard
3-15 Commercial Park, North 01 degrees 49 minutes 39 seconds West, a
3-16 distance of 2208.71 feet;
3-17 Thence, continuing with said west line, North 01 degrees 51
3-18 minutes 01 seconds West, a distance of 81.43 feet to the northwest
3-19 corner of said First Colony Boulevard Commercial Park;
3-20 Thence, with the north line of said First Colony Boulevard
3-21 Commercial Park, North 77 degrees 24 minutes 35 seconds East, a
3-22 distance of 528.30 feet to the west R.O.W. of First Colony
3-23 Boulevard;
3-24 Thence, crossing said First Colony Boulevard, North 77
3-25 degrees 24 minutes 35 seconds East, a distance of 100.25 feet to
3-26 the east R.O.W. line of First Colony Boulevard, same being the
3-27 northwest corner of Town Center Square a subdivision plat recorded
4-1 on slide number 1510-B, 1511-A and 1511-B of the F.B.C.P.R.;
4-2 Thence, with the north line of said Town Center Square, North
4-3 77 degrees 24 minutes 35 seconds East, a distance of 2162.61 feet
4-4 to the northeast corner of said Town Center Square;
4-5 Thence, the easterly line of said Town Center Square, South
4-6 05 degrees 34 minutes 29 seconds East, a distance of 439.26 feet;
4-7 Thence, continuing with said easterly line, South 49 degrees
4-8 28 minutes 19 seconds East, a distance of 275.58 feet;
4-9 Thence, with a northwesterly line of said Town Center Square,
4-10 North 52 degrees 03 minutes 03 seconds East, a distance of 54.51
4-11 feet;
4-12 Thence, continuing with a northwesterly line of said Town
4-13 Center Square, 26.34 feet along the arc of a curve to the right,
4-14 said curve having a central angle of 02 degrees 57 minutes 33
4-15 seconds, a radius of 510.00 feet and a chord that bears North 53
4-16 degrees 31 minutes 49 seconds East, a distance of 26.34 feet;
4-17 Thence, continuing with a northwesterly line of said Town
4-18 Center Square, North 55 degrees 00 minutes 36 seconds East, a
4-19 distance of 70.00 feet to the northwesterly R.O.W. line of U.S.
4-20 Highway 59;
4-21 Thence, with said northwesterly R.O.W. line, 993.56 feet
4-22 along the arc of a curve to the left, said curve having a central
4-23 angle of 05 degrees 03 minutes 22 seconds, a radius of 11259.16
4-24 feet and a chord that bears North 48 degrees 50 minutes 45 seconds
4-25 East, a distance of 993.24 feet;
4-26 Thence, leaving said northwesterly R.O.W. line, North 69
4-27 degrees 17 minutes 48 seconds West, a distance of 100.30 feet to
5-1 the east corner of a 0.8631 acre tract of land recorded in the name
5-2 of Brazos River Authority in Volume 900 Page 562 of the Fort Bend
5-3 County Deed Records (F.B.C.D.R.);
5-4 Thence, with the north line of said 0.8631 acre tract, North
5-5 69 degrees 17 minutes 48 seconds West, a distance of 572.31 feet to
5-6 the east northeast corner of Recreation Reserve "D" of First Colony
5-7 Lakes and First Colony Lake Park a subdivision plat recorded on
5-8 slide number 1393-A and 1393-B of the F.B.C.P.R.;
5-9 Thence, with the north line of said Recreation Reserve "D",
5-10 North 69 degrees 17 minutes 48 seconds West, a distance of 369.44
5-11 feet to the easterly R.O.W. line of Kensington Boulevard;
5-12 Thence, crossing said Kensington Boulevard, North 69 degrees
5-13 17 minutes 48 seconds West, a distance of 136.67 feet to the
5-14 westerly R.O.W. line of Kensington Boulevard;
5-15 Thence, continuing with the north line of said Recreation
5-16 Reserve "D", North 69 degrees 17 minutes 48 seconds West, a
5-17 distance of 174.20 feet to the easterly R.O.W. line of Great Oak
5-18 Lane;
5-19 Thence, with said easterly R.O.W. line, 175.00 feet along the
5-20 arc of a curve to the left, said curve having a central angle of 20
5-21 degrees 53 minutes 20 seconds, a radius of 480.00 feet and a chord
5-22 that bears North 05 degrees 04 minutes 12 seconds East, a distance
5-23 of 174.03 feet;
5-24 Thence, North 05 degrees 22 minutes 27 seconds West, a
5-25 distance of 136.48 feet to southwest corner of Restricted Reserve
5-26 "B" of aforesaid First Colony Lakes and First Colony Lake Park;
5-27 Thence, with the common line of said Restricted Reserve "B"
6-1 the following ten (10) courses:
6-2 1. North 84 degrees 37 minutes 33 seconds East, a distance
6-3 of 51.98 feet;
6-4 2. South 71 degrees 44 minutes 23 seconds East, a distance
6-5 of 86.89 feet;
6-6 3. North 68 degrees 18 minutes 33 seconds East, a distance
6-7 of 78.26 feet;
6-8 4. North 35 degrees 16 minutes 19 seconds East, a distance
6-9 of 152.17 feet;
6-10 5. North 55 degrees 20 minutes 48 seconds East, a distance
6-11 of 115.84 feet;
6-12 6. North 56 degrees 12 minutes 40 seconds East, a distance
6-13 of 160.70 feet;
6-14 7. North 64 degrees 56 minutes 52 seconds East, a distance
6-15 of 83.82 feet;
6-16 8. South 00 degrees 30 minutes 30 seconds West, a distance
6-17 of 120.18 feet;
6-18 9. South 28 degrees 25 minutes 51 seconds East, a distance
6-19 of 107.55 feet;
6-20 10. South 45 degrees 25 minutes 50 seconds East, a distance
6-21 of 102.44 feet to the northwesterly R.O.W. line of Kensington
6-22 Boulevard;
6-23 Thence, with said northwesterly R.O.W. line, 719.07 feet
6-24 along the arc of a curve to the left, said curve having a central
6-25 angle of 22 degrees 30 minutes 48 seconds, a radius of 1830.00 feet
6-26 and a chord that bears North 32 degrees 00 minutes 55 seconds East,
6-27 a distance of 714.45 feet;
7-1 Thence, continuing with said northwesterly R.O.W. line, North
7-2 20 degrees 45 minutes 31 seconds East, a distance of 265.86 feet;
7-3 Thence, North 20 degrees 45 minutes 31 seconds East, at a
7-4 distance of 70.00 feet pass the southwesterly R.O.W. line of State
7-5 Highway 6, in all, a distance of 200.00 feet to the northeasterly
7-6 R.O.W. line of State Highway 6;
7-7 Thence, with said northeasterly R.O.W. line, South 69 degrees
7-8 12 minutes 52 seconds East, a distance of 1303.41 feet to a cut
7-9 back located at the northwesterly intersection of said State
7-10 Highway 6 and U.S. Highway 59;
7-11 Thence, with said cutback, North 78 degrees 58 minutes 23
7-12 seconds East, a distance of 40.41 feet;
7-13 Thence, with the northwesterly R.O.W. line of said U.S.
7-14 Highway 59 the following nine (9) courses:
7-15 1. North 40 degrees 05 minutes 31 seconds East, a distance
7-16 of 167.24 feet;
7-17 2. North 40 degrees 06 minutes 02 seconds East, a distance
7-18 of 1064.73 feet;
7-19 3. North 34 degrees 23 minutes 24 seconds East, a distance
7-20 of 201.00 feet;
7-21 4. North 40 degrees 06 minutes 02 seconds East, a distance
7-22 of 500.00 feet;
7-23 5. North 45 degrees 48 minutes 40 seconds East, a distance
7-24 of 201.00 feet;
7-25 6. North 40 degrees 06 minutes 02 seconds East, a distance
7-26 of 1209.51 feet;
7-27 7. North 37 degrees 16 minutes 22 seconds East, a distance
8-1 of 686.23 feet;
8-2 8. North 39 degrees 46 minutes 33 seconds East, a distance
8-3 of 95.27 feet;
8-4 9. North 39 degrees 46 minutes 33 seconds East, a distance
8-5 of 86.97 feet to the centerline of Sugar Lakes Boulevard;
8-6 Thence, with the centerline of Sugar Lakes and the centerline of
8-7 Williams Trace Boulevard the following six (6) courses:
8-8 1. South 44 degrees 53 minutes 55 seconds East, a distance
8-9 of 476.12 feet;
8-10 2. South 44 degrees 53 minutes 55 seconds East, a distance
8-11 of 95.74 feet;
8-12 3. 237.84 feet along the arc of a curve to the right, said
8-13 curve having a central angle of 06 degrees 48 minutes 49 seconds, a
8-14 radius of 2000.00 feet and a chord that bears South 41 degrees 29
8-15 minutes 31 seconds East, a distance of 237.70 feet;
8-16 4. South 38 degrees 05 minutes 06 seconds East, a distance
8-17 of 100.00 feet;
8-18 5. 235.70 feet along the arc of a curve to the left, said
8-19 curve having a central angle of 06 degrees 45 minutes 08 seconds, a
8-20 radius of 2000.00 feet and a chord that bears South 41 degrees 27
8-21 minutes 40 seconds East, a distance of 235.56 feet;
8-22 6. South 44 degrees 50 minutes 14 seconds East, a distance
8-23 of 703.17 feet;
8-24 Thence, leaving said centerline, South 47 degrees 52 minutes
8-25 53 seconds West, a distance of 60.06 feet to the east corner of
8-26 Commercial Reserve "L" of First Colony Commons, a subdivision plat
8-27 recorded on slide number 1185-B, 1186-A and 1186-B of the
9-1 F.B.C.P.R.;
9-2 Thence, with the northerly line of Oyster Creek as shown on
9-3 said First Colony Commons Plat, same being the southerly line of
9-4 Commercial Reserves "L", "K", "J", "I", "H", and "G" and the "Lift
9-5 Station Reserve", the following seven (7) courses:
9-6 1. South 47 degrees 52 minutes 53 seconds West, a distance
9-7 of 470.00 feet;
9-8 2. South 84 degrees 00 minutes 43 seconds West, a distance
9-9 of 392.14 feet;
9-10 3. North 88 degrees 32 minutes 51 seconds West, a distance
9-11 of 431.86 feet;
9-12 4. South 74 degrees 07 minutes 01 seconds West, a distance
9-13 of 256.61 feet;
9-14 5. South 52 degrees 31 minutes 37 seconds West, a distance
9-15 of 261.40 feet;
9-16 6. South 73 degrees 42 minutes 06 seconds West, a distance
9-17 of 388.72 feet;
9-18 7. South 88 degrees 33 minutes 23 seconds West, a distance
9-19 of 381.21 feet to the southeasterly R.O.W. line of U.S. Highway 59;
9-20 Thence, with the southeasterly line of said U.S. Highway 59,
9-21 South 40 degrees 06 minutes 02 seconds West, a distance of 419.25
9-22 feet to the north corner of Creekside at Town Center a subdivision
9-23 plat recorded on slide number 1282-A and 1282-B of the F.B.C.P.R.;
9-24 Thence, with the easterly boundary line of said Creekside at
9-25 Town Center the following eleven (11) courses:
9-26 1. South 71 degrees 17 minutes 54 seconds East, a distance
9-27 of 247.18 feet;
10-1 2. South 76 degrees 28 minutes 54 seconds East, a distance
10-2 of 76.58 feet;
10-3 3. South 14 degrees 01 minutes 50 seconds East, a distance
10-4 of 94.37 feet;
10-5 4. South 88 degrees 58 minutes 38 seconds East, a distance
10-6 of 92.42 feet;
10-7 5. South 32 degrees 43 minutes 39 seconds East, a distance
10-8 of 295.60 feet;
10-9 6. South 01 degrees 23 minutes 09 seconds East, a distance
10-10 of 191.69 feet;
10-11 7. South 14 degrees 13 minutes 50 seconds West, a distance
10-12 of 172.53 feet;
10-13 8. South 24 degrees 32 minutes 10 seconds West, a distance
10-14 of 123.82 feet;
10-15 9. South 12 degrees 37 minutes 38 seconds West, a distance
10-16 of 203.31 feet;
10-17 10. South 26 degrees 36 minutes 25 seconds East, a distance
10-18 of 214.15 feet;
10-19 11. South 41 degrees 14 minutes 54 seconds East, a distance
10-20 of 18.42 feet to the northwest corner of First Colony Tract 13A a
10-21 subdivision plat recorded on slide number 1025-A of the F.B.C.P.R.;
10-22 Thence, with the northeasterly line of said Tract 13A, South
10-23 41 degrees 16 minutes 16 seconds East, a distance of 416.63 feet;
10-24 Thence, with the east line of said Tract 13A, South 20
10-25 degrees 45 minutes 52 seconds West, a distance of 23.06 feet;
10-26 Thence, crossing State Highway 6, South 20 degrees 45 minutes
10-27 52 seconds West, a distance of 162.33 feet to the south end of a
11-1 cutback located at the east corner of The Market at Town Center, a
11-2 subdivision plat recorded on slide number 1361-B and 1362-A of the
11-3 F.B.C.P.R.;
11-4 Thence, with the southeast and south boundary lines of said
11-5 The Market at Town Center the following fourteen (14) courses:
11-6 1. South 20 degrees 45 minutes 52 seconds West, a distance
11-7 of 466.95 feet;
11-8 2. 786.94 feet along the arc of a curve to the right, said
11-9 curve having a central angle of 23 degrees 14 minutes 29 seconds, a
11-10 radius of 1940.00 feet and a chord that bears South 32 degrees 23
11-11 minutes 06 seconds West, a distance of 781.56 feet;
11-12 3. South 44 degrees 00 minutes 21 seconds West, a distance
11-13 of 152.99 feet;
11-14 4. 315.41 feet along the arc of a curve to the left, said
11-15 curve having a central angle of 08 degrees 46 minutes 22 seconds, a
11-16 radius of 2060.00 feet and a chord that bears South 39 degrees 37
11-17 minutes 10 seconds West, a distance of 315.11 feet;
11-18 5. South 35 degrees 13 minutes 59 seconds West, a distance
11-19 of 100.00 feet;
11-20 6. 258.25 feet along the arc of a curve to the right, said
11-21 curve having a central angle of 07 degrees 37 minutes 37 seconds, a
11-22 radius of 1940.00 feet and a chord that bears South 39 degrees 02
11-23 minutes 55 seconds West, a distance of 258.05 feet;
11-24 7. North 60 degrees 38 minutes 31 seconds West, a distance
11-25 of 143.38 feet;
11-26 8. North 45 degrees 43 minutes 01 seconds West, a distance
11-27 of 665.75 feet;
12-1 9. North 34 degrees 47 minutes 50 seconds West, a distance
12-2 of 24.07 feet;
12-3 10. 26.31 feet along the arc of a curve to the left, said
12-4 curve having a central angle of 11 degrees 09 minutes 59 seconds, a
12-5 radius of 135.00 feet and a chord that bears North 40 degrees 22
12-6 minutes 49 seconds West, a distance of 26.27 feet;
12-7 11. North 45 degrees 57 minutes 48 seconds West, a distance
12-8 of 75.49 feet;
12-9 12. 149.22 feet along the arc of a curve to the right, said
12-10 curve having a central angle of 89 degrees 59 minutes 53 seconds, a
12-11 radius of 95.00 feet and a chord that bears North 00 degrees 57
12-12 minutes 51 seconds West, a distance of 134.35 feet;
12-13 13. North 44 degrees 02 minutes 05 seconds East, a distance
12-14 of 1.35 feet;
12-15 14. North 45 degrees 57 minutes 55 seconds West, a distance
12-16 of 120.00 feet to the Northwesterly R.O.W. Line of Town Center
12-17 Boulevard North, same being in the northeasterly line of the First
12-18 Colony Mall, a subdivision plat recorded on slide numbers 1362-B,
12-19 1363-A, 1363-B, 1364-A, 1364-B AND 1365-A of the F.B.C.P.R.;
12-20 Thence, with the boundary of said First Colony Mall, the
12-21 following
12-22 1. South 44 degrees 02 minutes 05 seconds West, a distance
12-23 of 15.35 feet;
12-24 2. 108.75 feet along the arc of a curve to the right, said
12-25 curve having a central angle of 65 degrees 35 minutes 08 seconds, a
12-26 radius of 95.00 feet and a chord that bears South 76 degrees 49
12-27 minutes 40 seconds West, a distance of 102.90 feet;
13-1 3. North 45 degrees 43 minutes 01 seconds West, a distance
13-2 of 672.43 feet;
13-3 4. North 09 degrees 22 minutes 05 seconds West, a distance
13-4 of 217.59 feet to the south R.O.W. line of U.S. Highway 59;
13-5 Thence, with said R.O.W. line, 1986.35 feet along the arc of
13-6 a curve to the right, said curve having a central angle of 09
13-7 degrees 45 minutes 41 seconds, a radius of 11659.16 feet and a
13-8 chord that bears South 47 degrees 39 minutes 51 seconds West, a
13-9 distance of 1983.95 feet;
13-10 Thence, continuing with said R.O.W. line, South 52 degrees 32
13-11 minutes 41 seconds West, a distance of 818.23 feet to the most
13-12 northerly corner of Methodist Hospital, a subdivision plat recorded
13-13 on slide number 1525-A of the F.B.C.P.R.;
13-14 Thence, with the boundary of said Methodist Hospital the
13-15 following four (4) courses:
13-16 Thence, South 75 degrees 59 minutes 55 seconds East, a
13-17 distance of 298.11 feet;
13-18 Thence, South 14 degrees 00 minutes 05 seconds West, a
13-19 distance of 214.90 feet;
13-20 Thence, 324.63 feet along the arc of a curve to the left,
13-21 said curve having a central angle of 59 degrees 59 minutes 56
13-22 seconds, a radius of 310.00 feet and a chord that bears South 15
13-23 degrees 59 minutes 53 seconds East, a distance of 310.00 feet;
13-24 Thence, South 45 degrees 59 minutes 52 seconds East, at a
13-25 distance of 161.92 feet pass the most easterly southeast corner of
13-26 said Methodist Hospital, in all, a distance of 778.93 feet;
13-27 Thence, North 89 degrees 20 minutes 54 seconds East, a
14-1 distance of 1067.22 feet to the northwesterly R.O.W. line of
14-2 Lexington Boulevard;
14-3 Thence, with said northwesterly R.O.W. line the following
14-4 four (4) courses:
14-5 1. 356.84 feet along the arc of a curve to the left, said
14-6 curve having a central angle of 03 degrees 22 minutes 26 seconds, a
14-7 radius of 6060.00 feet and a chord that bears South 44 degrees 24
14-8 minutes 26 seconds West, a distance of 356.79 feet;
14-9 2. South 42 degrees 43 minutes 13 seconds West, a distance
14-10 of 367.68 feet;
14-11 3. 1068.02 feet along the arc of a curve to the right, said
14-12 curve having a central angle of 31 degrees 32 minutes 34 seconds, a
14-13 radius of 1940.00 feet and a chord that bears South 58 degrees 29
14-14 minutes 30 seconds West, a distance of 1054.58 feet;
14-15 4. South 74 degrees 15 minutes 47 seconds West, a distance
14-16 of 289.17 feet;
14-17 Thence, crossing Sweetwater Boulevard, South 74 degrees 15
14-18 minutes 30 seconds West, a distance of 229.36 feet to the most
14-19 westerly end of radius of a curve at the northwest intersection of
14-20 Lexington Boulevard and Sweetwater Boulevard, same being in the
14-21 south line of Sweetwater Plaza a subdivision plat recorded on slide
14-22 number 1448-B and 1149-A of the F.B.C.P.R.;
14-23 Thence with the boundary of said Sweetwater Plaza the
14-24 following five (5) courses:
14-25 1. South 75 degrees 07 minutes 03 seconds West, a distance
14-26 of 58.01 feet;
14-27 2. 428.22 feet along the arc of a curve to the right, said
15-1 curve having a central angle of 09 degrees 33 minutes 17 seconds, a
15-2 radius of 2567.89 feet and a chord that bears South 80 degrees 45
15-3 minutes 05 seconds West, a distance of 427.73 feet;
15-4 3. South 85 degrees 31 minutes 43 seconds West, a distance
15-5 of 160.21 feet;
15-6 4. North 04 degrees 28 minutes 17 seconds West, a distance
15-7 of 179.90 feet;
15-8 5. North 36 degrees 19 minutes 42 seconds West, a distance
15-9 of 397.75 feet to the most southerly southeast corner of the
15-10 aforesaid Replat of Sweetwater Plaza Commercial Reserves "B" and
15-11 "C";
15-12 Thence, with the southerly line of said Replat of Sweetwater
15-13 Plaza Commercial Reserves "B" and "C" the following ten (10)
15-14 courses:
15-15 1. North 36 degrees 19 minutes 42 seconds West, a distance
15-16 of 26.75 feet;
15-17 2. North 86 degrees 32 minutes 05 seconds West, a distance
15-18 of 325.78 feet;
15-19 3. North 67 degrees 16 minutes 56 seconds West, a distance
15-20 of 195.91 feet;
15-21 4. North 88 degrees 06 minutes 32 seconds West, a distance
15-22 of 165.52 feet;
15-23 5. South 72 degrees 45 minutes 31 seconds West, a distance
15-24 of 164.54 feet;
15-25 6. South 52 degrees 17 minutes 59 seconds West, a distance
15-26 of 159.73 feet;
15-27 7. South 43 degrees 45 minutes 49 seconds West, a distance
16-1 of 124.81 feet;
16-2 8. South 54 degrees 05 minutes 22 seconds West, a distance
16-3 of 140.89 feet;
16-4 9. South 72 degrees 38 minutes 06 seconds West, a distance
16-5 of 118.03 feet;
16-6 10. South 88 degrees 09 minutes 19 seconds West, a distance
16-7 of 295.00 feet to the Point of Beginning and containing 517.5 acres
16-8 of land.
16-9 Sec. 376.115. FINDINGS RELATING TO BOUNDARIES. The
16-10 boundaries and field notes of the district form a closure. If a
16-11 mistake is made in the field notes or in copying the field notes in
16-12 the legislative process, the mistake does not in any way affect
16-13 the:
16-14 (1) organization, existence, and validity of the
16-15 district;
16-16 (2) right of the district to issue any type of bonds
16-17 or refunding bonds for the purposes for which the district is
16-18 created or to pay the principal of and interest on the bonds;
16-19 (3) right of the district to impose and collect
16-20 assessments or taxes; or
16-21 (4) legality or operation of the district or its
16-22 governing body.
16-23 Sec. 376.116. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
16-24 All the land and other property included in the district will be
16-25 benefited by the improvements and services to be provided by the
16-26 district under powers conferred by Section 52, Article III, Section
16-27 59, Article XVI, and Section 52-a, Article III, Texas Constitution,
17-1 and other powers granted under this subchapter, and the district is
17-2 created to serve a public use and benefit.
17-3 (b) The creation of the district is in the public interest
17-4 and is essential to:
17-5 (1) further the public purposes of the development and
17-6 diversification of the economy of the state; and
17-7 (2) eliminate unemployment and underemployment and
17-8 develop or expand transportation and commerce.
17-9 (c) The district will:
17-10 (1) promote the health, safety, and general welfare of
17-11 residents, employers, employees, visitors, consumers in the
17-12 district, and the general public;
17-13 (2) provide needed funding for the municipality to
17-14 preserve, maintain, and enhance the economic health and vitality of
17-15 the area as a community and business center; and
17-16 (3) further promote the health, safety, welfare, and
17-17 enjoyment of the public by providing pedestrian ways and by
17-18 landscaping and developing certain areas in the district, which are
17-19 necessary for the restoration, preservation, and enhancement of
17-20 scenic and aesthetic beauty.
17-21 (d) Pedestrian ways along or across a street, whether at
17-22 grade or above or below the surface, and street lighting, street
17-23 landscaping, and street art objects are parts of and necessary
17-24 components of a street and are considered to be a street or road
17-25 improvement.
17-26 (e) The district will not act as the agent or
17-27 instrumentality of any private interest even though many private
18-1 interests will be benefited by the district, as will the general
18-2 public.
18-3 Sec. 376.117. APPLICATION OF OTHER LAW. Except as otherwise
18-4 provided by this subchapter, Chapter 375 applies to the district.
18-5 Sec. 376.118. CONSTRUCTION OF SUBCHAPTER. This subchapter
18-6 shall be liberally construed in conformity with the findings and
18-7 purposes stated in this subchapter.
18-8 Sec. 376.119. BOARD OF DIRECTORS IN GENERAL. (a) The
18-9 district is governed by a board of 13 directors who serve staggered
18-10 terms of four years with seven or six members' terms expiring June
18-11 1 of each odd-numbered year. The board may increase or decrease
18-12 the number of directors on the board by resolution, provided that
18-13 it is in the best interest of the district to do so and that the
18-14 board consists of not fewer than nine and not more than 30
18-15 directors.
18-16 (b) Subchapter D, Chapter 375, applies to the board to the
18-17 extent that subchapter does not conflict with this subchapter. The
18-18 imposition of a tax, assessment, or impact fee requires a vote of a
18-19 majority of the directors serving.
18-20 Sec. 376.120. APPOINTMENT AND REMOVAL OF DIRECTORS; VACANCY.
18-21 (a) The mayor and members of the governing body of the
18-22 municipality shall appoint directors from persons recommended by
18-23 the board. A vacancy in the office of director because of the
18-24 death, resignation, or removal of a director shall be filled by the
18-25 remaining members of the board by appointing a qualified person for
18-26 the unexpired term.
18-27 (b) A person may not be appointed to the board if the
19-1 appointment of that person would result in less than two-thirds of
19-2 the board members being owners of property in the municipality.
19-3 (c) An owner of a tract of land within the district that is
19-4 10 or more acres in size may recommend to the board of directors a
19-5 successor director to fill a position or vacancy on the board
19-6 unless a director recommended by the current or previous owner of
19-7 the tract is serving on the board.
19-8 (d) The board may remove a director by a majority vote of
19-9 directors if the director has missed half the meetings scheduled
19-10 during the previous 12 months. A director removed under this
19-11 subsection may file a written appeal with the governing body of the
19-12 municipality. The governing body may reinstate the director if the
19-13 body finds that the removal was unwarranted under the circumstances
19-14 after considering the reasons for the absences, the time and place
19-15 of the meetings, the business conducted at the meetings missed, and
19-16 any other relevant circumstances.
19-17 Sec. 376.121. NONVOTING MEMBERS OF BOARD OF DIRECTORS. The
19-18 board may appoint nonvoting members to serve on the board.
19-19 Sec. 376.122. POWERS OF DISTRICT. The district has:
19-20 (1) all powers necessary or required to accomplish the
19-21 purposes for which the district was created;
19-22 (2) the rights, powers, privileges, authority, and
19-23 functions of a district created under Chapter 375;
19-24 (3) the powers given to a corporation under Section
19-25 4B, the Development Corporation Act of 1979 (Article 5190.6,
19-26 Vernon's Texas Civil Statutes), and the power to own, operate,
19-27 acquire, construct, lease, improve, and maintain projects;
20-1 (4) the power to impose ad valorem taxes, assessments,
20-2 or impact fees in accordance with Chapter 375 to provide
20-3 improvements and services for a project or activity the district is
20-4 authorized to acquire, construct, improve, or provide under this
20-5 subchapter;
20-6 (5) the power to correct, add to, or delete
20-7 assessments from its assessment rolls after notice and hearing as
20-8 provided by Subchapter F, Chapter 375; and
20-9 (6) the authority to annex or exclude land, whether
20-10 located inside or outside the boundaries of the municipality, in
20-11 accordance with Chapters 49 and 54, Water Code.
20-12 Sec. 376.123. EXPENSES AND LIABILITY FOR CERTAIN ACTIONS
20-13 AFFECTING PROPERTY. (a) If the district, in exercising a power
20-14 conferred by this subchapter, requires a relocation, adjustment,
20-15 raising, lowering, rerouting, or changing of the grade or the
20-16 construction of any of the following items, the district must take
20-17 that required action at the sole expense of the district:
20-18 (1) a street, alley, highway, overpass, underpass,
20-19 road, railroad track, bridge, facility, or other property;
20-20 (2) an electric line, conduit, facility, or other
20-21 property;
20-22 (3) a telephone or telegraph line, conduit, facility,
20-23 or other property;
20-24 (4) a gas transmission or distribution pipe, pipeline,
20-25 main, facility, or other property;
20-26 (5) a water, sanitary sewer, or storm sewer pipe,
20-27 pipeline, main, facility, or other property;
21-1 (6) a cable television line, cable, conduit, facility,
21-2 or other property; or
21-3 (7) another pipeline, facility, or other property
21-4 relating to the pipeline.
21-5 (b) The district shall bear damages that are suffered by
21-6 owners of the facility or other property.
21-7 (c) The district may not relocate, adjust, raise, lower,
21-8 reroute, or change the grade or the construction of a facility
21-9 under the jurisdiction of the Texas Department of Transportation
21-10 without the written approval of the Texas Department of
21-11 Transportation.
21-12 Sec. 376.124. RELATION TO OTHER LAW. If any provision of a
21-13 law referenced in Section 376.122 is in conflict with or is
21-14 inconsistent with this subchapter, this subchapter prevails. Any
21-15 law referenced in this subchapter that is not in conflict or
21-16 inconsistent with this subchapter is adopted and incorporated by
21-17 reference.
21-18 Sec. 376.125. REQUIREMENTS FOR FINANCING SERVICES AND
21-19 IMPROVEMENTS. The board may not finance services and improvement
21-20 projects under this subchapter unless a written petition requesting
21-21 those improvements or services has been filed with the board. The
21-22 petition must be signed by:
21-23 (1) the owners of a majority of the assessed value of
21-24 real property in the district as determined by the most recent
21-25 certified county property tax rolls;
21-26 (2) the owners of the majority of the surface area of
21-27 real property in the district, as determined by the most recent
22-1 certified county property tax rolls, excluding roads, streets,
22-2 highways, and utility rights-of-way, other public areas, and any
22-3 other property exempt from assessment under this chapter; or
22-4 (3) at least 50 persons who own land in the district,
22-5 if there are more than 50 persons who own property in the district
22-6 as determined by the most recent certified county property tax
22-7 rolls.
22-8 Sec. 376.126. NONPROFIT CORPORATION. (a) The board by
22-9 resolution may authorize the creation of a nonprofit corporation to
22-10 assist and act on behalf of the district in implementing a project
22-11 or providing a service authorized by this subchapter.
22-12 (b) The board shall appoint the board of directors of a
22-13 nonprofit corporation created under this section. The board of
22-14 directors of the nonprofit corporation shall serve in the same
22-15 manner as, for the same term as, and on the conditions of the board
22-16 of directors of a local government corporation created under
22-17 Chapter 431, Transportation Code.
22-18 (c) A nonprofit corporation created under this section has
22-19 the powers of and is considered for purposes of this subchapter to
22-20 be a local government corporation created under Chapter 431,
22-21 Transportation Code.
22-22 (d) A nonprofit corporation created under this section may
22-23 implement any project and provide any services authorized by this
22-24 subchapter.
22-25 Sec. 376.127. DISBURSEMENTS OR TRANSFERS OF FUNDS. The
22-26 board by resolution shall establish the number of directors'
22-27 signatures and the procedure required for a disbursement or
23-1 transfer of the district's money.
23-2 Sec. 376.128. BONDS. (a) The district may issue bonds or
23-3 other obligations payable in whole or in part from ad valorem
23-4 taxes, assessments, impact fees, revenues, grants, or other money
23-5 of the district, or any combination of those sources of money, to
23-6 pay for any authorized purpose of the district.
23-7 (b) Bonds or other obligations of the district may be issued
23-8 in the form of bonds, notes, certificates of participation,
23-9 including other instruments evidencing a proportionate interest in
23-10 payments to be made by the district, or other obligations that are
23-11 issued in the exercise of the district's borrowing power and may be
23-12 issued in bearer or registered form or not represented by an
23-13 instrument but the transfer of which is registered on books
23-14 maintained by or on behalf of the district.
23-15 (c) Except as provided by Subsection (d), the district must
23-16 obtain the municipality's approval of:
23-17 (1) the issuance of bonds for an improvement project;
23-18 and
23-19 (2) the plans and specifications of the improvement
23-20 project to be financed by the bonds.
23-21 (d) If the district obtains the municipality's approval of a
23-22 capital improvements budget for a specified period not to exceed
23-23 five years, the district may finance the capital improvements and
23-24 issue bonds specified in the budget without further municipal
23-25 approval.
23-26 (e) Before the district issues bonds, the district shall
23-27 submit the bonds and the record of proceedings of the district
24-1 relating to authorization of the bonds to the attorney general for
24-2 approval as provided by Chapter 53, Acts of the 70th Legislature,
24-3 2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil
24-4 Statutes).
24-5 Sec. 376.129. ASSESSMENTS. (a) The board may impose and
24-6 collect an assessment for any purpose authorized by this
24-7 subchapter.
24-8 (b) Assessments, reassessments, or assessments resulting
24-9 from an addition to or correction of the assessment roll by the
24-10 district, penalties and interest on an assessment or reassessment,
24-11 expenses of collection, and reasonable attorney's fees incurred by
24-12 the district:
24-13 (1) are a first and prior lien against the property
24-14 assessed;
24-15 (2) are superior to any other lien or claim other than
24-16 a lien or claim for county, school district, or municipal ad
24-17 valorem taxes; and
24-18 (3) are the personal liability of and charge against
24-19 the owners of the property even if the owners are not named in the
24-20 assessment proceedings.
24-21 (c) The lien is effective from the date of the resolution of
24-22 the board levying the assessment until the assessment is paid. The
24-23 board may enforce the lien in the same manner that the board may
24-24 enforce an ad valorem tax lien against real property.
24-25 (d) The district may not impose an impact fee or assessment
24-26 under Chapter 375 on the following types of property without the
24-27 consent of the owner:
25-1 (1) a condominium for which the owner meets all the
25-2 requirements to claim a homestead exemption, a single-family
25-3 detached residential property, or a residential duplex, triplex, or
25-4 quadraplex;
25-5 (2) a tract consistently and continuously used for
25-6 religious worship or a school that is maintained or owned by or
25-7 affiliated with a religious organization or for a use ancillary to
25-8 and in keeping with the operation of a full-service church or
25-9 school affiliated with a religious organization;
25-10 (3) a tract owned by the state or the United States
25-11 and used for a public purpose;
25-12 (4) a tract owned by the municipality, county, or
25-13 another political subdivision and used for a public purpose; and
25-14 (5) a tract that is owned in fee simple by a community
25-15 services association or property owners' association and is not
25-16 leased to a person who is not exempted by this subchapter.
25-17 (e) If equipment installed, at no cost to the district, on
25-18 assessed property reduces the district's cost of providing a
25-19 service, the district may reduce the amount of the assessment
25-20 against the property for the person required to pay the assessment
25-21 by an amount equal to the money saved by the equipment or may
25-22 rebate the money saved to the person required to pay the
25-23 assessment. The amount of money saved is determined solely by the
25-24 district. The district shall determine and apply rebates and
25-25 reductions under this subsection in a nondiscriminatory manner.
25-26 Sec. 376.130. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS. The
25-27 district must obtain the municipality's approval of the plans and
26-1 specifications of any district improvement project related to the
26-2 use of land owned by the municipality, an easement granted by the
26-3 municipality, or a right-of-way of a street, road, or highway.
26-4 Sec. 376.131. ELECTIONS. (a) In addition to the elections
26-5 the district must hold under Subchapter L, Chapter 375, the
26-6 district shall hold an election in the manner provided by that
26-7 subchapter to obtain voter approval before the district imposes a
26-8 maintenance tax or issues bonds payable from ad valorem taxes or
26-9 assessments.
26-10 (b) The board may submit multiple purposes in a single
26-11 proposition at an election.
26-12 (c) The board may not call an election under this subchapter
26-13 unless a written petition requesting an election has been filed
26-14 with the board. The petition must be signed by:
26-15 (1) the owners of a majority of the assessed value of
26-16 real property in the district as determined by the most recent
26-17 certified county property tax rolls;
26-18 (2) the owners of the majority of the surface area of
26-19 real property in the district, as determined by the most recent
26-20 certified county property tax rolls, excluding roads, streets,
26-21 highways, and utility rights-of-way, other public areas, and any
26-22 other property exempt from assessment under this chapter; or
26-23 (3) at least 50 persons who own land in the district,
26-24 if there are more than 50 persons who own property in the district
26-25 as determined by the most recent certified county property tax
26-26 rolls.
26-27 Sec. 376.132. IMPACT FEES. The district may impose an
27-1 impact fee for an authorized purpose as provided by Subchapter G,
27-2 Chapter 375.
27-3 Sec. 376.133. MAINTENANCE TAX. (a) If authorized at an
27-4 election held in accordance with Section 376.131, the district may
27-5 impose and collect an annual ad valorem tax on taxable property in
27-6 the district for the maintenance and operation of the district and
27-7 the improvements constructed or acquired by the district or for the
27-8 provision of services.
27-9 (b) The board shall determine the tax rate.
27-10 Sec. 376.134. DISSOLUTION OF DISTRICT. (a) The district
27-11 may be dissolved as provided by Subchapter M, Chapter 375, except
27-12 that a dissolution must be approved by:
27-13 (1) a three-fourths vote of the board of directors;
27-14 and
27-15 (2) a two-thirds vote of the municipality's governing
27-16 body.
27-17 (b) Notwithstanding this section and Section 375.264, a
27-18 district that has debt may be dissolved as provided by Subchapter
27-19 M, Chapter 375. If the district has debt and is dissolved, the
27-20 district shall remain in existence solely for the limited purpose
27-21 of discharging its bonds or other obligations according to their
27-22 terms.
27-23 Sec. 376.135. CONTRACTS. (a) To protect the public
27-24 interest, the district may contract with the municipality or county
27-25 for the provision of law enforcement services by the county or
27-26 municipality in the district on a fee basis.
27-27 (b) The municipality, county, or another political
28-1 subdivision of the state, without further authorization, may
28-2 contract with the district to implement a project of the district
28-3 or assist the district in providing the services authorized under
28-4 this subchapter. A contract under this subsection may:
28-5 (1) be for a period on which the parties agree;
28-6 (2) include terms on which the parties agree;
28-7 (3) be payable from taxes or any other sources of
28-8 revenue that may be available for such purpose; or
28-9 (4) provide that taxes or other revenue collected at a
28-10 district project or from a person using or purchasing a commodity
28-11 or service at a district project may be paid or rebated to the
28-12 district under the terms of the contract.
28-13 (c) The district may enter into a contract, lease, or other
28-14 agreement with or make or accept grants and loans to or from:
28-15 (1) the United States;
28-16 (2) the state or a state agency;
28-17 (3) any county, any municipality, or another political
28-18 subdivision of the state;
28-19 (4) a public or private corporation, including a
28-20 nonprofit corporation created by the board under this subchapter;
28-21 or
28-22 (5) any other person.
28-23 (d) The district may perform all acts necessary for the full
28-24 exercise of the powers vested in the district on terms and for the
28-25 period the board determines advisable.
28-26 Sec. 376.136. COMPETITIVE BIDDING. The district may enter a
28-27 contract for more than $50,000 for services, improvements, or the
29-1 purchase of property, including materials, machinery, equipment, or
29-2 supplies, only as provided by Subchapter K, Chapter 375.
29-3 Sec. 376.137. REINVESTMENT ZONES. (a) All or any part of
29-4 the area of the district is eligible to be included in a tax
29-5 incremental reinvestment zone created by the municipality under
29-6 Chapter 311, Tax Code, or included in a tax abatement reinvestment
29-7 zone created by the municipality under Chapter 312, Tax Code.
29-8 (b) A taxing unit participating in a tax increment
29-9 reinvestment zone created by a municipality or county may continue
29-10 to enter into a tax abatement agreement.
29-11 Sec. 376.138. INITIAL DIRECTORS. (a) The initial board
29-12 consists of the following persons:
29-13 Pos. No. Name of Director
29-14 1 Kelly Howden
29-15 2 Stephen J. Ewbank
29-16 3 Lynn Kehler
29-17 4 Steve Nelson
29-18 5 Carl Favre
29-19 6 Bill Struthers
29-20 7 John Iszard
29-21 8 Dr. Kim Gee
29-22 9 Steve Mercadal
29-23 10 Tony Null
29-24 11 Les Newton
29-25 12 Melanie Pede
29-26 13 Rob Larkin
29-27 Nonvoting Director Earnest Taylor
30-1 (b) Of the initial directors, the directors appointed for
30-2 positions 1 through 7 serve until June 1, 2001, and the directors
30-3 appointed for positions 8 through 13 serve until June 1, 1999.
30-4 (c) This section expires September 1, 2002.
30-5 SECTION 2. The legislature finds that:
30-6 (1) proper and legal notice of the intention to
30-7 introduce this Act, setting forth the general substance of this
30-8 Act, has been published as provided by law, and the notice and a
30-9 copy of this Act have been furnished to all persons, agencies,
30-10 officials, or entities to which they are required to be furnished
30-11 by the constitution and laws of this state, including the governor,
30-12 who has submitted the notice and Act to the Texas Natural Resource
30-13 Conservation Commission;
30-14 (2) the Texas Natural Resource Conservation Commission
30-15 has filed its recommendations relating to this Act with the
30-16 governor, lieutenant governor, and speaker of the house of
30-17 representatives within the required time;
30-18 (3) the general law relating to consent by political
30-19 subdivisions to the creation of districts with conservation,
30-20 reclamation, and road powers and the inclusion of land in those
30-21 districts has been complied with; and
30-22 (4) all requirements of the constitution and laws of
30-23 this state and the rules and procedures of the legislature with
30-24 respect to the notice, introduction, and passage of this Act have
30-25 been fulfilled and accomplished.
30-26 SECTION 3. The importance of this legislation and the
30-27 crowded condition of the calendars in both houses create an
31-1 emergency and an imperative public necessity that the
31-2 constitutional rule requiring bills to be read on three several
31-3 days in each house be suspended, and this rule is hereby suspended,
31-4 and that this Act take effect and be in force from and after its
31-5 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2731 was passed by the House on May
16, 1997, by the following vote: Yeas 141, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2731 was passed by the Senate on May
26, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor