By Howard H.B. No. 2731
75R4844 SKB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of certain municipal management districts.
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 Sugarland, Texas.
2-18 (4) "County" means Fort Bend County, Texas.
2-19 Sec. 376.114. BOUNDARIES. The district includes all the
2-20 territory contained in the following described area:
2-21 Being a 517.5 acre tract of land out of the S.M. William
2-22 League, Abstract 97, the Alexander Hodge League, Abstract 32 and
2-23 the Elijah Alcorn League, Abstract 1, Fort Bend County, Texas; said
2-24 517.5 acre tract being more particularly described by metes and
2-25 bounds as follows (all bearings are referenced to the recorded plat
2-26 of the Replat of Sweetwater Plaza Commercial Reserves "B" and "C" a
2-27 subdivision plat recorded on slide number 1515-B of the Fort Bend
3-1 County Plat Records (F.B.C.P.R.):
3-2 BEGINNING AT A 5/8-inch iron rod found for the southwest
3-3 corner of the Replat of Sweetwater Plaza Commercial Reserves "B" &
3-4 "C";
3-5 Thence, with the west line, of said Replat, North 01 degrees
3-6 50 minutes 41 seconds West, a distance of 355.00 feet to the south
3-7 Right-of-way (R.O.W.) line of U.S. Highway 59;
3-8 Thence, crossing said U.S. Highway 59, North 01 degrees 52
3-9 minutes 08 seconds West, a distance of 393.87 feet to the north
3-10 R.O.W. line of U.S. Highway 59, same being the southwest corner of
3-11 First Colony Boulevard Commercial Park, a subdivision plat recorded
3-12 on slide number 1552-B of the F.B.C.P.R.;
3-13 Thence, with the west line of said First Colony Boulevard
3-14 Commercial Park, North 01 degrees 49 minutes 39 seconds West, a
3-15 distance of 2208.71 feet;
3-16 Thence, continuing with said west line, North 01 degrees 51
3-17 minutes 01 seconds West, a distance of 81.43 feet to the northwest
3-18 corner of said First Colony Boulevard Commercial Park;
3-19 Thence, with the north line of said First Colony Boulevard
3-20 Commercial Park, North 77 degrees 24 minutes 35 seconds East, a
3-21 distance of 528.30 feet to the west R.O.W. of First Colony
3-22 Boulevard;
3-23 Thence, crossing said First Colony Boulevard, North 77
3-24 degrees 24 minutes 35 seconds East, a distance of 100.25 feet to
3-25 the east R.O.W. line of First Colony Boulevard, same being the
3-26 northwest corner of Town Center Square a subdivision plat recorded
3-27 on slide number 1510-B, 1511-A and 1511-B of the F.B.C.P.R.;
4-1 Thence, with the north line of said Town Center Square, North
4-2 77 degrees 24 minutes 35 seconds East, a distance of 2162.61 feet
4-3 to the northeast corner of said Town Center Square;
4-4 Thence, the easterly line of said Town Center Square, South
4-5 05 degrees 34 minutes 29 seconds East, a distance of 439.26 feet;
4-6 Thence, continuing with said easterly line, South 49 degrees
4-7 28 minutes 19 seconds East, a distance of 275.58 feet;
4-8 Thence, with a northwesterly line of said Town Center Square,
4-9 North 52 degrees 03 minutes 03 seconds East, a distance of 54.51
4-10 feet;
4-11 Thence, continuing with a northwesterly line of said Town
4-12 Center Square, 26.34 feet along the arc of a curve to the right,
4-13 said curve having a central angle of 02 degrees 57 minutes 33
4-14 seconds, a radius of 510.00 feet and a chord that bears North 53
4-15 degrees 31 minutes 49 seconds East, a distance of 26.34 feet;
4-16 Thence, continuing with a northwesterly line of said Town
4-17 Center Square, North 55 degrees 00 minutes 36 seconds East, a
4-18 distance of 70.00 feet to the northwesterly R.O.W. line of U.S.
4-19 Highway 59;
4-20 Thence, with said northwesterly R.O.W. line, 993.56 feet
4-21 along the arc of a curve to the left, said curve having a central
4-22 angle of 05 degrees 03 minutes 22 seconds, a radius of 11259.16
4-23 feet and a chord that bears North 48 degrees 50 minutes 45 seconds
4-24 East, a distance of 993.24 feet;
4-25 Thence, leaving said northwesterly R.O.W. line, North 69
4-26 degrees 17 minutes 48 seconds West, a distance of 100.30 feet to
4-27 the east corner of a 0.8631 acre tract of land recorded in the name
5-1 of Brazos River Authority in Volume 900 Page 562 of the Fort Bend
5-2 County Deed Records (F.B.C.D.R.);
5-3 Thence, with the north line of said 0.8631 acre tract, North
5-4 69 degrees 17 minutes 48 seconds West, a distance of 572.31 feet to
5-5 the east northeast corner of Recreation Reserve "D" of First Colony
5-6 Lakes and First Colony Lake Park a subdivision plat recorded on
5-7 slide number 1393-A and 1393-B of the F.B.C.P.R.;
5-8 Thence, with the north line of said Recreation Reserve "D",
5-9 North 69 degrees 17 minutes 48 seconds West, a distance of 369.44
5-10 feet to the easterly R.O.W. line of Kensington Boulevard;
5-11 Thence, crossing said Kensington Boulevard, North 69 degrees
5-12 17 minutes 48 seconds West, a distance of 136.67 feet to the
5-13 westerly R.O.W. line of Kensington Boulevard;
5-14 Thence, continuing with the north line of said Recreation
5-15 Reserve "D", North 69 degrees 17 minutes 48 seconds West, a
5-16 distance of 174.20 feet to the easterly R.O.W. line of Great Oak
5-17 Lane;
5-18 Thence, with said easterly R.O.W. line, 175.00 feet along the
5-19 arc of a curve to the left, said curve having a central angle of 20
5-20 degrees 53 minutes 20 seconds, a radius of 480.00 feet and a chord
5-21 that bears North 05 degrees 04 minutes 12 seconds East, a distance
5-22 of 174.03 feet;
5-23 Thence, North 05 degrees 22 minutes 27 seconds West, a
5-24 distance of 136.48 feet to southwest corner of Restricted Reserve
5-25 "B" of aforesaid First Colony Lakes and First Colony Lake Park;
5-26 Thence, with the common line of said Restricted Reserve "B"
5-27 the following ten (10) courses:
6-1 1. North 84 degrees 37 minutes 33 seconds East, a distance
6-2 of 51.98 feet;
6-3 2. South 71 degrees 44 minutes 23 seconds East, a distance
6-4 of 86.89 feet;
6-5 3. North 68 degrees 18 minutes 33 seconds East, a distance
6-6 of 78.26 feet;
6-7 4. North 35 degrees 16 minutes 19 seconds East, a distance
6-8 of 152.17 feet;
6-9 5. North 55 degrees 20 minutes 48 seconds East, a distance
6-10 of 115.84 feet;
6-11 6. North 56 degrees 12 minutes 40 seconds East, a distance
6-12 of 160.70 feet;
6-13 7. North 64 degrees 56 minutes 52 seconds East, a distance
6-14 of 83.82 feet;
6-15 8. South 00 degrees 30 minutes 30 seconds West, a distance
6-16 of 120.18 feet;
6-17 9. South 28 degrees 25 minutes 51 seconds East, a distance
6-18 of 107.55 feet;
6-19 10. South 45 degrees 25 minutes 50 seconds East, a distance
6-20 of 102.44 feet to the northwesterly R.O.W. line of Kensington
6-21 Boulevard;
6-22 Thence, with said northwesterly R.O.W. line, 719.07 feet
6-23 along the arc of a curve to the left, said curve having a central
6-24 angle of 22 degrees 30 minutes 48 seconds, a radius of 1830.00 feet
6-25 and a chord that bears North 32 degrees 00 minutes 55 seconds East,
6-26 a distance of 714.45 feet;
6-27 Thence, continuing with said northwesterly R.O.W. line, North
7-1 20 degrees 45 minutes 31 seconds East, a distance of 265.86 feet;
7-2 Thence, North 20 degrees 45 minutes 31 seconds East, at a
7-3 distance of 70.00 feet pass the southwesterly R.O.W. line of State
7-4 Highway 6, in all, a distance of 200.00 feet to the northeasterly
7-5 R.O.W. line of State Highway 6;
7-6 Thence, with said northeasterly R.O.W. line, South 69 degrees
7-7 12 minutes 52 seconds East, a distance of 1303.41 feet to a cut
7-8 back located at the northwesterly intersection of said State
7-9 Highway 6 and U.S. Highway 59;
7-10 Thence, with said cutback, North 78 degrees 58 minutes 23
7-11 seconds East, a distance of 40.41 feet;
7-12 Thence, with the northwesterly R.O.W. line of said U.S.
7-13 Highway 59 the following nine (9) courses:
7-14 1. North 40 degrees 05 minutes 31 seconds East, a distance
7-15 of 167.24 feet;
7-16 2. North 40 degrees 06 minutes 02 seconds East, a distance
7-17 of 1064.73 feet;
7-18 3. North 34 degrees 23 minutes 24 seconds East, a distance
7-19 of 201.00 feet;
7-20 4. North 40 degrees 06 minutes 02 seconds East, a distance
7-21 of 500.00 feet;
7-22 5. North 45 degrees 48 minutes 40 seconds East, a distance
7-23 of 201.00 feet;
7-24 6. North 40 degrees 06 minutes 02 seconds East, a distance
7-25 of 1209.51 feet;
7-26 7. North 37 degrees 16 minutes 22 seconds East, a distance
7-27 of 686.23 feet;
8-1 8. North 39 degrees 46 minutes 33 seconds East, a distance
8-2 of 95.27 feet;
8-3 9. North 39 degrees 46 minutes 33 seconds East, a distance
8-4 of 86.97 feet to the centerline of Sugar Lakes Boulevard;
8-5 Thence, with the centerline of Sugar Lakes and the centerline of
8-6 Williams Trace Boulevard the following six (6) courses:
8-7 1. South 44 degrees 53 minutes 55 seconds East, a distance
8-8 of 476.12 feet;
8-9 2. South 44 degrees 53 minutes 55 seconds East, a distance
8-10 of 95.74 feet;
8-11 3. 237.84 feet along the arc of a curve to the right, said
8-12 curve having a central angle of 06 degrees 48 minutes 49 seconds, a
8-13 radius of 2000.00 feet and a chord that bears South 41 degrees 29
8-14 minutes 31 seconds East, a distance of 237.70 feet;
8-15 4. South 38 degrees 05 minutes 06 seconds East, a distance
8-16 of 100.00 feet;
8-17 5. 235.70 feet along the arc of a curve to the left, said
8-18 curve having a central angle of 06 degrees 45 minutes 08 seconds, a
8-19 radius of 2000.00 feet and a chord that bears South 41 degrees 27
8-20 minutes 40 seconds East, a distance of 235.56 feet;
8-21 6. South 44 degrees 50 minutes 14 seconds East, a distance
8-22 of 703.17 feet;
8-23 Thence, leaving said centerline, South 47 degrees 52 minutes
8-24 53 seconds West, a distance of 60.06 feet to the east corner of
8-25 Commercial Reserve "L" of First Colony Commons, a subdivision plat
8-26 recorded on slide number 1185-B, 1186-A and 1186-B of the
8-27 F.B.C.P.R.;
9-1 Thence, with the northerly line of Oyster Creek as shown on
9-2 said First Colony Commons Plat, same being the southerly line of
9-3 Commercial Reserves "L", "K", "J", "I", "H", and "G" and the "Lift
9-4 Station Reserve", the following seven (7) courses:
9-5 1. South 47 degrees 52 minutes 53 seconds West, a distance
9-6 of 470.00 feet;
9-7 2. South 84 degrees 00 minutes 43 seconds West, a distance
9-8 of 392.14 feet;
9-9 3. North 88 degrees 32 minutes 51 seconds West, a distance
9-10 of 431.86 feet;
9-11 4. South 74 degrees 07 minutes 01 seconds West, a distance
9-12 of 256.61 feet;
9-13 5. South 52 degrees 31 minutes 37 seconds West, a distance
9-14 of 261.40 feet;
9-15 6. South 73 degrees 42 minutes 06 seconds West, a distance
9-16 of 388.72 feet;
9-17 7. South 88 degrees 33 minutes 23 seconds West, a distance
9-18 of 381.21 feet to the southeasterly R.O.W. line of U.S. Highway 59;
9-19 Thence, with the southeasterly line of said U.S. Highway 59,
9-20 South 40 degrees 06 minutes 02 seconds West, a distance of 419.25
9-21 feet to the north corner of Creekside at Town Center a subdivision
9-22 plat recorded on slide number 1282-A and 1282-B of the F.B.C.P.R.;
9-23 Thence, with the easterly boundary line of said Creekside at
9-24 Town Center the following eleven (11) courses:
9-25 1. South 71 degrees 17 minutes 54 seconds East, a distance
9-26 of 247.18 feet;
9-27 2. South 76 degrees 28 minutes 54 seconds East, a distance
10-1 of 76.58 feet;
10-2 3. South 14 degrees 01 minutes 50 seconds East, a distance
10-3 of 94.37 feet;
10-4 4. South 88 degrees 58 minutes 38 seconds East, a distance
10-5 of 92.42 feet;
10-6 5. South 32 degrees 43 minutes 39 seconds East, a distance
10-7 of 295.60 feet;
10-8 6. South 01 degrees 23 minutes 09 seconds East, a distance
10-9 of 191.69 feet;
10-10 7. South 14 degrees 13 minutes 50 seconds West, a distance
10-11 of 172.53 feet;
10-12 8. South 24 degrees 32 minutes 10 seconds West, a distance
10-13 of 123.82 feet;
10-14 9. South 12 degrees 37 minutes 38 seconds West, a distance
10-15 of 203.31 feet;
10-16 10. South 26 degrees 36 minutes 25 seconds East, a distance
10-17 of 214.15 feet;
10-18 11. South 41 degrees 14 minutes 54 seconds East, a distance
10-19 of 18.42 feet to the northwest corner of First Colony Tract 13A a
10-20 subdivision plat recorded on slide number 1025-A of the F.B.C.P.R.;
10-21 Thence, with the northeasterly line of said Tract 13A, South
10-22 41 degrees 16 minutes 16 seconds East, a distance of 416.63 feet;
10-23 Thence, with the east line of said Tract 13A, South 20
10-24 degrees 45 minutes 52 seconds West, a distance of 23.06 feet;
10-25 Thence, crossing State Highway 6, South 20 degrees 45 minutes
10-26 52 seconds West, a distance of 162.33 feet to the south end of a
10-27 cutback located at the east corner of The Market at Town Center, a
11-1 subdivision plat recorded on slide number 1361-B and 1362-A of the
11-2 F.B.C.P.R.;
11-3 Thence, with the southeast and south boundary lines of said
11-4 The Market at Town Center the following fourteen (14) courses:
11-5 1. South 20 degrees 45 minutes 52 seconds West, a distance
11-6 of 466.95 feet;
11-7 2. 786.94 feet along the arc of a curve to the right, said
11-8 curve having a central angle of 23 degrees 14 minutes 29 seconds, a
11-9 radius of 1940.00 feet and a chord that bears South 32 degrees 23
11-10 minutes 06 seconds West, a distance of 781.56 feet;
11-11 3. South 44 degrees 00 minutes 21 seconds West, a distance
11-12 of 152.99 feet;
11-13 4. 315.41 feet along the arc of a curve to the left, said
11-14 curve having a central angle of 08 degrees 46 minutes 22 seconds, a
11-15 radius of 2060.00 feet and a chord that bears South 39 degrees 37
11-16 minutes 10 seconds West, a distance of 315.11 feet;
11-17 5. South 35 degrees 13 minutes 59 seconds West, a distance
11-18 of 100.00 feet;
11-19 6. 258.25 feet along the arc of a curve to the right, said
11-20 curve having a central angle of 07 degrees 37 minutes 37 seconds, a
11-21 radius of 1940.00 feet and a chord that bears South 39 degrees 02
11-22 minutes 55 seconds West, a distance of 258.05 feet;
11-23 7. North 60 degrees 38 minutes 31 seconds West, a distance
11-24 of 143.38 feet;
11-25 8. North 45 degrees 43 minutes 01 seconds West, a distance
11-26 of 665.75 feet;
11-27 9. North 34 degrees 47 minutes 50 seconds West, a distance
12-1 of 24.07 feet;
12-2 10. 26.31 feet along the arc of a curve to the left, said
12-3 curve having a central angle of 11 degrees 09 minutes 59 seconds, a
12-4 radius of 135.00 feet and a chord that bears North 40 degrees 22
12-5 minutes 49 seconds West, a distance of 26.27 feet;
12-6 11. North 45 degrees 57 minutes 48 seconds West, a distance
12-7 of 75.49 feet;
12-8 12. 149.22 feet along the arc of a curve to the right, said
12-9 curve having a central angle of 89 degrees 59 minutes 53 seconds, a
12-10 radius of 95.00 feet and a chord that bears North 00 degrees 57
12-11 minutes 51 seconds West, a distance of 134.35 feet;
12-12 13. North 44 degrees 02 minutes 05 seconds East, a distance
12-13 of 1.35 feet;
12-14 14. North 45 degrees 57 minutes 55 seconds West, a distance
12-15 of 120.00 feet to the Northwesterly R.O.W. Line of Town Center
12-16 Boulevard North, same being in the northeasterly line of the First
12-17 Colony Mall, a subdivision plat recorded on slide numbers 1362-B,
12-18 1363-A, 1363-B, 1364-A, 1364-B AND 1365-A of the F.B.C.P.R.;
12-19 Thence, with the boundary of said First Colony Mall, the
12-20 following
12-21 1. South 44 degrees 02 minutes 05 seconds West, a distance
12-22 of 15.35 feet;
12-23 2. 108.75 feet along the arc of a curve to the right, said
12-24 curve having a central angle of 65 degrees 35 minutes 08 seconds, a
12-25 radius of 95.00 feet and a chord that bears South 76 degrees 49
12-26 minutes 40 seconds West, a distance of 102.90 feet;
12-27 3. North 45 degrees 43 minutes 01 seconds West, a distance
13-1 of 672.43 feet;
13-2 4. North 09 degrees 22 minutes 05 seconds West, a distance
13-3 of 217.59 feet to the south R.O.W. line of U.S. Highway 59;
13-4 Thence, with said R.O.W. line, 1986.35 feet along the arc of
13-5 a curve to the right, said curve having a central angle of 09
13-6 degrees 45 minutes 41 seconds, a radius of 11659.16 feet and a
13-7 chord that bears South 47 degrees 39 minutes 51 seconds West, a
13-8 distance of 1983.95 feet;
13-9 Thence, continuing with said R.O.W. line, South 52 degrees 32
13-10 minutes 41 seconds West, a distance of 818.23 feet to the most
13-11 northerly corner of Methodist Hospital, a subdivision plat recorded
13-12 on slide number 1525-A of the F.B.C.P.R.;
13-13 Thence, with the boundary of said Methodist Hospital the
13-14 following four (4) courses:
13-15 Thence, South 75 degrees 59 minutes 55 seconds East, a
13-16 distance of 298.11 feet;
13-17 Thence, South 14 degrees 00 minutes 05 seconds West, a
13-18 distance of 214.90 feet;
13-19 Thence, 324.63 feet along the arc of a curve to the left,
13-20 said curve having a central angle of 59 degrees 59 minutes 56
13-21 seconds, a radius of 310.00 feet and a chord that bears South 15
13-22 degrees 59 minutes 53 seconds East, a distance of 310.00 feet;
13-23 Thence, South 45 degrees 59 minutes 52 seconds East, at a
13-24 distance of 161.92 feet pass the most easterly southeast corner of
13-25 said Methodist Hospital, in all, a distance of 778.93 feet;
13-26 Thence, North 89 degrees 20 minutes 54 seconds East, a
13-27 distance of 1067.22 feet to the northwesterly R.O.W. line of
14-1 Lexington Boulevard;
14-2 Thence, with said northwesterly R.O.W. line the following
14-3 four (4) courses:
14-4 1. 356.84 feet along the arc of a curve to the left, said
14-5 curve having a central angle of 03 degrees 22 minutes 26 seconds, a
14-6 radius of 6060.00 feet and a chord that bears South 44 degrees 24
14-7 minutes 26 seconds West, a distance of 356.79 feet;
14-8 2. South 42 degrees 43 minutes 13 seconds West, a distance
14-9 of 367.68 feet;
14-10 3. 1068.02 feet along the arc of a curve to the right, said
14-11 curve having a central angle of 31 degrees 32 minutes 34 seconds, a
14-12 radius of 1940.00 feet and a chord that bears South 58 degrees 29
14-13 minutes 30 seconds West, a distance of 1054.58 feet;
14-14 4. South 74 degrees 15 minutes 47 seconds West, a distance
14-15 of 289.17 feet;
14-16 Thence, crossing Sweetwater Boulevard, South 74 degrees 15
14-17 minutes 30 seconds West, a distance of 229.36 feet to the most
14-18 westerly end of radius of a curve at the northwest intersection of
14-19 Lexington Boulevard and Sweetwater Boulevard, same being in the
14-20 south line of Sweetwater Plaza a subdivision plat recorded on slide
14-21 number 1448-B and 1149-A of the F.B.C.P.R.;
14-22 Thence with the boundary of said Sweetwater Plaza the
14-23 following five (5) courses:
14-24 1. South 75 degrees 07 minutes 03 seconds West, a distance
14-25 of 58.01 feet;
14-26 2. 428.22 feet along the arc of a curve to the right, said
14-27 curve having a central angle of 09 degrees 33 minutes 17 seconds, a
15-1 radius of 2567.89 feet and a chord that bears South 80 degrees 45
15-2 minutes 05 seconds West, a distance of 427.73 feet;
15-3 3. South 85 degrees 31 minutes 43 seconds West, a distance
15-4 of 160.21 feet;
15-5 4. North 04 degrees 28 minutes 17 seconds West, a distance
15-6 of 179.90 feet;
15-7 5. North 36 degrees 19 minutes 42 seconds West, a distance
15-8 of 397.75 feet to the most southerly southeast corner of the
15-9 aforesaid Replat of Sweetwater Plaza Commercial Reserves "B" and
15-10 "C";
15-11 Thence, with the southerly line of said Replat of Sweetwater
15-12 Plaza Commercial Reserves "B" and "C" the following ten (10)
15-13 courses:
15-14 1. North 36 degrees 19 minutes 42 seconds West, a distance
15-15 of 26.75 feet;
15-16 2. North 86 degrees 32 minutes 05 seconds West, a distance
15-17 of 325.78 feet;
15-18 3. North 67 degrees 16 minutes 56 seconds West, a distance
15-19 of 195.91 feet;
15-20 4. North 88 degrees 06 minutes 32 seconds West, a distance
15-21 of 165.52 feet;
15-22 5. South 72 degrees 45 minutes 31 seconds West, a distance
15-23 of 164.54 feet;
15-24 6. South 52 degrees 17 minutes 59 seconds West, a distance
15-25 of 159.73 feet;
15-26 7. South 43 degrees 45 minutes 49 seconds West, a distance
15-27 of 124.81 feet;
16-1 8. South 54 degrees 05 minutes 22 seconds West, a distance
16-2 of 140.89 feet;
16-3 9. South 72 degrees 38 minutes 06 seconds West, a distance
16-4 of 118.03 feet;
16-5 10. South 88 degrees 09 minutes 19 seconds West, a distance
16-6 of 295.00 feet to the Point of Beginning and containing 517.5 acres
16-7 of land.
16-8 Sec. 376.115. FINDINGS RELATING TO BOUNDARIES. The
16-9 boundaries and field notes of the district form a closure. If a
16-10 mistake is made in the field notes or in copying the field notes in
16-11 the legislative process, the mistake does not in any way affect
16-12 the:
16-13 (1) organization, existence, and validity of the
16-14 district;
16-15 (2) right of the district to issue any type of bonds
16-16 or refunding bonds for the purposes for which the district is
16-17 created or to pay the principal of and interest on the bonds;
16-18 (3) right of the district to impose and collect
16-19 assessments or taxes; or
16-20 (4) legality or operation of the district or its
16-21 governing body.
16-22 Sec. 376.116. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
16-23 All the land and other property included in the district will be
16-24 benefited by the improvements and services to be provided by the
16-25 district under powers conferred by Section 52, Article III, Section
16-26 59, Article XVI, and Section 52-a, Article III, Texas Constitution,
16-27 and other powers granted under this subchapter, and the district is
17-1 created to serve a public use and benefit.
17-2 (b) The creation of the district is in the public interest
17-3 and is essential to:
17-4 (1) further the public purposes of the development and
17-5 diversification of the economy of the state; and
17-6 (2) eliminate unemployment and underemployment and
17-7 develop or expand transportation and commerce.
17-8 (c) The district will:
17-9 (1) promote the health, safety, and general welfare of
17-10 residents, employers, employees, visitors, consumers in the
17-11 district, and the general public;
17-12 (2) provide needed funding for the municipality to
17-13 preserve, maintain, and enhance the economic health and vitality of
17-14 the area as a community and business center; and
17-15 (3) further promote the health, safety, welfare, and
17-16 enjoyment of the public by providing pedestrian ways and by
17-17 landscaping and developing certain areas in the district, which are
17-18 necessary for the restoration, preservation, and enhancement of
17-19 scenic and aesthetic beauty.
17-20 (d) Pedestrian ways along or across a street, whether at
17-21 grade or above or below the surface, and street lighting, street
17-22 landscaping, and street art objects are parts of and necessary
17-23 components of a street and are considered to be a street or road
17-24 improvement.
17-25 (e) The district will not act as the agent or
17-26 instrumentality of any private interest even though many private
17-27 interests will be benefited by the district, as will the general
18-1 public.
18-2 Sec. 376.117. APPLICATION OF OTHER LAW. Except as otherwise
18-3 provided by this subchapter, Chapter 375 applies to the district.
18-4 Sec. 376.118. CONSTRUCTION OF SUBCHAPTER. This subchapter
18-5 shall be liberally construed in conformity with the findings and
18-6 purposes stated in this subchapter.
18-7 Sec. 376.119. BOARD OF DIRECTORS IN GENERAL. (a) The
18-8 district is governed by a board of 13 directors who serve staggered
18-9 terms of four years with seven or six members' terms expiring June
18-10 1 of each odd-numbered year. The board may increase or decrease
18-11 the number of directors on the board by resolution, provided that
18-12 it is in the best interest of the district to do so and that the
18-13 board consists of not fewer than nine and not more than 30
18-14 directors.
18-15 (b) Subchapter D, Chapter 375, applies to the board to the
18-16 extent that subchapter does not conflict with this subchapter. The
18-17 imposition of a tax, assessment, or impact fee requires a vote of a
18-18 majority of the directors serving.
18-19 Sec. 376.120. APPOINTMENT AND REMOVAL OF DIRECTORS; VACANCY.
18-20 (a) The mayor and members of the governing body of the
18-21 municipality shall appoint directors from persons recommended by
18-22 the board. A vacancy in the office of director because of the
18-23 death, resignation, or removal of a director shall be filled by the
18-24 remaining members of the board by appointing a qualified person for
18-25 the unexpired term.
18-26 (b) A person may not be appointed to the board if the
18-27 appointment of that person would result in less than two-thirds of
19-1 the board members being residents of the municipality.
19-2 (c) An owner of a tract of land within the district that is
19-3 10 or more acres in size may recommend to the board of directors a
19-4 successor director to fill a position or vacancy on the board
19-5 unless a director recommended by the current or previous owner of
19-6 the tract is serving on the board.
19-7 (d) The board may remove a director by a majority vote of
19-8 directors if the director has missed half the meetings scheduled
19-9 during the previous 12 months. A director removed under this
19-10 subsection may file a written appeal with the governing body of the
19-11 municipality. The governing body may reinstate the director if the
19-12 body finds that the removal was unwarranted under the circumstances
19-13 after considering the reasons for the absences, the time and place
19-14 of the meetings, the business conducted at the meetings missed, and
19-15 any other relevant circumstances.
19-16 Sec. 376.121. NONVOTING MEMBERS OF BOARD OF DIRECTORS. The
19-17 board may appoint nonvoting members to serve on the board.
19-18 Sec. 376.122. POWERS OF DISTRICT. The district has:
19-19 (1) all powers necessary or required to accomplish the
19-20 purposes for which the district was created;
19-21 (2) the rights, powers, privileges, authority, and
19-22 functions of a district created under Chapter 375;
19-23 (3) the powers given to a corporation under Section
19-24 4B, the Development Corporation Act of 1979 (Article 5190.6,
19-25 Vernon's Texas Civil Statutes), and the power to own, operate,
19-26 acquire, construct, lease, improve, and maintain projects;
19-27 (4) the power to impose ad valorem taxes, assessments,
20-1 or impact fees in accordance with Chapter 375 to provide
20-2 improvements and services for a project or activity the district is
20-3 authorized to acquire, construct, improve, or provide under this
20-4 subchapter; and
20-5 (5) the power to correct, add to, or delete
20-6 assessments from its assessment rolls after notice and hearing as
20-7 provided by Subchapter F, Chapter 375.
20-8 Sec. 376.123. EXPENSES AND LIABILITY FOR CERTAIN ACTIONS
20-9 AFFECTING PROPERTY. (a) If the district, in exercising a power
20-10 conferred by this subchapter, requires a relocation, adjustment,
20-11 raising, lowering, rerouting, or changing of the grade or the
20-12 construction of any of the following items, the district must take
20-13 that required action at the sole expense of the district:
20-14 (1) a street, alley, highway, overpass, underpass,
20-15 road, railroad track, bridge, facility, or other property;
20-16 (2) an electric line, conduit, facility, or other
20-17 property;
20-18 (3) a telephone or telegraph line, conduit, facility,
20-19 or other property;
20-20 (4) a gas transmission or distribution pipe, pipeline,
20-21 main, facility, or other property;
20-22 (5) a water, sanitary sewer, or storm sewer pipe,
20-23 pipeline, main, facility, or other property;
20-24 (6) a cable television line, cable, conduit, facility,
20-25 or other property; or
20-26 (7) another pipeline, facility, or other property
20-27 relating to the pipeline.
21-1 (b) The district shall bear damages that are suffered by
21-2 owners of the facility or other property.
21-3 Sec. 376.124. RELATION TO OTHER LAW. If any provision of a
21-4 law referenced in Section 376.122 is in conflict with or is
21-5 inconsistent with this subchapter, this subchapter prevails. Any
21-6 law referenced in this subchapter that is not in conflict or
21-7 inconsistent with this subchapter is adopted and incorporated by
21-8 reference.
21-9 Sec. 376.125. REQUIREMENTS FOR FINANCING SERVICES AND
21-10 IMPROVEMENTS. The board may not finance services and improvement
21-11 projects under this subchapter unless a written petition requesting
21-12 those improvements or services has been filed with the board. The
21-13 petition must be signed by:
21-14 (1) the owners of a majority of the assessed value of
21-15 real property in the district as determined by the most recent
21-16 certified county property tax rolls;
21-17 (2) the owners of the majority of the surface area of
21-18 real property in the district, as determined by the most recent
21-19 certified county property tax rolls, excluding roads, streets,
21-20 highways, and utility rights-of-way, other public areas, and any
21-21 other property exempt from assessment under this chapter; or
21-22 (3) at least 50 persons who own land in the district,
21-23 if there are more than 50 persons who own property in the district
21-24 as determined by the most recent certified county property tax
21-25 rolls.
21-26 Sec. 376.126. PROHIBITED EXEMPTIONS. A single family
21-27 residential property or a residential duplex, triplex, quadraplex,
22-1 or condominium may not be exempt from the imposition of a tax, an
22-2 impact fee, or an assessment if the tax, impact fee, or assessment
22-3 is imposed in accordance with this subchapter.
22-4 Sec. 376.127. NONPROFIT CORPORATION. (a) The board by
22-5 resolution may authorize the creation of a nonprofit corporation to
22-6 assist and act on behalf of the district in implementing a project
22-7 or providing a service authorized by this subchapter.
22-8 (b) The board shall appoint the board of directors of a
22-9 nonprofit corporation created under this section. The board of
22-10 directors of the nonprofit corporation shall serve in the same
22-11 manner as, for the same term as, and on the conditions of the board
22-12 of directors of a local government corporation created under
22-13 Chapter 431, Transportation Code.
22-14 (c) A nonprofit corporation created under this section has
22-15 the powers of and is considered for purposes of this subchapter to
22-16 be a local government corporation created under Chapter 431,
22-17 Transportation Code.
22-18 (d) A nonprofit corporation created under this section may
22-19 implement any project and provide any services authorized by this
22-20 subchapter.
22-21 Sec. 376.128. DISBURSEMENTS OR TRANSFERS OF FUNDS. The
22-22 board by resolution shall establish the number of directors'
22-23 signatures and the procedure required for a disbursement or
22-24 transfer of the district's money.
22-25 Sec. 376.129. BONDS. (a) The district may issue bonds or
22-26 other obligations payable in whole or in part from ad valorem
22-27 taxes, assessments, impact fees, revenues, grants, or other money
23-1 of the district, or any combination of those sources of money, to
23-2 pay for any authorized purpose of the district.
23-3 (b) Bonds or other obligations of the district may be issued
23-4 in the form of bonds, notes, certificates of participation,
23-5 including other instruments evidencing a proportionate interest in
23-6 payments to be made by the district, or other obligations that are
23-7 issued in the exercise of the district's borrowing power and may be
23-8 issued in bearer or registered form or not represented by an
23-9 instrument but the transfer of which is registered on books
23-10 maintained by or on behalf of the district.
23-11 (c) Except as provided by Subsection (d), the district must
23-12 obtain the municipality's approval of:
23-13 (1) the issuance of bonds for an improvement project;
23-14 and
23-15 (2) the plans and specifications of the improvement
23-16 project to be financed by the bonds.
23-17 (d) If the district obtains the municipality's approval of a
23-18 capital improvements budget for a specified period not to exceed
23-19 five years, the district may finance the capital improvements and
23-20 issue bonds specified in the budget without further municipal
23-21 approval.
23-22 (e) Before the district issues bonds, the district shall
23-23 submit the bonds and the record of proceedings of the district
23-24 relating to authorization of the bonds to the attorney general for
23-25 approval as provided by Chapter 53, Acts of the 70th Legislature,
23-26 2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil
23-27 Statutes).
24-1 Sec. 376.130. ASSESSMENTS. (a) The board may impose and
24-2 collect an assessment for any purpose authorized by this
24-3 subchapter.
24-4 (b) Assessments, reassessments, or assessments resulting
24-5 from an addition to or correction of the assessment roll by the
24-6 district, penalties and interest on an assessment or reassessment,
24-7 expenses of collection, and reasonable attorney's fees incurred by
24-8 the district:
24-9 (1) are a first and prior lien against the property
24-10 assessed;
24-11 (2) are superior to any other lien or claim other than
24-12 a lien or claim for county, school district, or municipal ad
24-13 valorem taxes; and
24-14 (3) are the personal liability of and charge against
24-15 the owners of the property even if the owners are not named in the
24-16 assessment proceedings.
24-17 (c) The lien is effective from the date of the resolution of
24-18 the board levying the assessment until the assessment is paid. The
24-19 board may enforce the lien in the same manner that the board may
24-20 enforce an ad valorem tax lien against real property.
24-21 (d) The district may not impose an impact fee or assessment
24-22 under Chapter 375 on the following types of property without the
24-23 consent of the owner:
24-24 (1) a single-family detached residential property or
24-25 residential duplex, triplex, quadraplex, or condominium;
24-26 (2) a tract consistently and continuously used for
24-27 religious worship or a school that is maintained or owned by or
25-1 affiliated with a religious organization or for a use ancillary to
25-2 and in keeping with the operation of a full-service church or
25-3 school affiliated with a religious organization;
25-4 (3) a tract owned by the state or the United States
25-5 and used for a public purpose;
25-6 (4) a tract owned by the municipality, county, or
25-7 another political subdivision and used for a public purpose; and
25-8 (5) a tract that is owned in fee simple by a community
25-9 services association or property owners' association and is not
25-10 leased to a person who is not exempted by this subchapter.
25-11 (e) If equipment installed, at no cost to the district, on
25-12 assessed property reduces the district's cost of providing a
25-13 service, the district may reduce the amount of the assessment
25-14 against the property for the person required to pay the assessment
25-15 by an amount equal to the money saved by the equipment or may
25-16 rebate the money saved to the person required to pay the
25-17 assessment. The amount of money saved is determined solely by the
25-18 district. The district shall determine and apply rebates and
25-19 reductions under this subsection in a nondiscriminatory manner.
25-20 Sec. 376.131. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS. The
25-21 district must obtain the municipality's approval of the plans and
25-22 specifications of any district improvement project related to the
25-23 use of land owned by the municipality, an easement granted by the
25-24 municipality, or a right-of-way of a street, road, or highway.
25-25 Sec. 376.132. ELECTIONS. (a) In addition to the elections
25-26 the district must hold under Subchapter L, Chapter 375, the
25-27 district shall hold an election in the manner provided by that
26-1 subchapter to obtain voter approval before the district imposes a
26-2 maintenance tax or issues bonds payable from ad valorem taxes or
26-3 assessments.
26-4 (b) The board may submit multiple purposes in a single
26-5 proposition at an election.
26-6 (c) The board may not call an election under this subchapter
26-7 unless a written petition requesting an election has been filed
26-8 with the board. The petition must be signed by:
26-9 (1) the owners of a majority of the assessed value of
26-10 real property in the district as determined by the most recent
26-11 certified county property tax rolls;
26-12 (2) the owners of the majority of the surface area of
26-13 real property in the district, as determined by the most recent
26-14 certified county property tax rolls, excluding roads, streets,
26-15 highways, and utility rights-of-way, other public areas, and any
26-16 other property exempt from assessment under this chapter; or
26-17 (3) at least 50 persons who own land in the district,
26-18 if there are more than 50 persons who own property in the district
26-19 as determined by the most recent certified county property tax
26-20 rolls.
26-21 Sec. 376.133. IMPACT FEES. The district may impose an
26-22 impact fee for an authorized purpose as provided by Subchapter G,
26-23 Chapter 375.
26-24 Sec. 376.134. MAINTENANCE TAX. (a) If authorized at an
26-25 election held in accordance with Section 376.132, the district may
26-26 impose and collect an annual ad valorem tax on taxable property in
26-27 the district for the maintenance and operation of the district and
27-1 the improvements constructed or acquired by the district or for the
27-2 provision of services.
27-3 (b) The board shall determine the tax rate.
27-4 Sec. 376.135. DISSOLUTION OF DISTRICT. (a) The district
27-5 may be dissolved as provided by Subchapter M, Chapter 375, except
27-6 that a dissolution must be approved by:
27-7 (1) a three-fourths vote of the board of directors;
27-8 and
27-9 (2) a two-thirds vote of the municipality's governing
27-10 body.
27-11 (b) Notwithstanding this section and Section 375.264, a
27-12 district that has debt may be dissolved as provided by Subchapter
27-13 M, Chapter 375. If the district has debt and is dissolved, the
27-14 district shall remain in existence solely for the limited purpose
27-15 of discharging its bonds or other obligations according to their
27-16 terms.
27-17 Sec. 376.136. CONTRACTS. (a) To protect the public
27-18 interest, the district may contract with the municipality or county
27-19 for the provision of law enforcement services by the county or
27-20 municipality in the district on a fee basis.
27-21 (b) The municipality, county, or another political
27-22 subdivision of the state, without further authorization, may
27-23 contract with the district to implement a project of the district
27-24 or assist the district in providing the services authorized under
27-25 this subchapter. A contract under this subsection may:
27-26 (1) be for a period on which the parties agree;
27-27 (2) include terms on which the parties agree;
28-1 (3) be payable from taxes or any other sources of
28-2 revenue that may be available for such purpose; or
28-3 (4) provide that taxes or other revenue collected at a
28-4 district project or from a person using or purchasing a commodity
28-5 or service at a district project may be paid or rebated to the
28-6 district under the terms of the contract.
28-7 (c) The district may enter into a contract, lease, or other
28-8 agreement with or make or accept grants and loans to or from:
28-9 (1) the United States;
28-10 (2) the state or a state agency;
28-11 (3) any county, any municipality, or another political
28-12 subdivision of the state;
28-13 (4) a public or private corporation, including a
28-14 nonprofit corporation created by the board under this subchapter;
28-15 or
28-16 (5) any other person.
28-17 (d) The district may perform all acts necessary for the full
28-18 exercise of the powers vested in the district on terms and for the
28-19 period the board determines advisable.
28-20 Sec. 376.137. COMPETITIVE BIDDING. The district may enter a
28-21 contract for more than $50,000 for services, improvements, or the
28-22 purchase of property, including materials, machinery, equipment, or
28-23 supplies, only as provided by Subchapter K, Chapter 375.
28-24 Sec. 376.138. REINVESTMENT ZONES. All or any part of the
28-25 area of the district is eligible to be included in a tax
28-26 incremental reinvestment zone created by the municipality under
28-27 Chapter 311, Tax Code, or included in a tax abatement reinvestment
29-1 zone created by the municipality under Chapter 312, Tax Code.
29-2 Sec. 376.139. INITIAL DIRECTORS. (a) The initial board
29-3 consists of the following persons:
29-4 Pos. No. Name of Director
29-5 1 Kelly Howden
29-6 2 Stephen J. Ewbank
29-7 3 Lynn Kehler
29-8 4 Steve Nelson
29-9 5 Carl Favre
29-10 6 Bill Struthers
29-11 7 John Iszard
29-12 8 Mary Miller
29-13 9 Steve Mercadal
29-14 10 Mike Galbraith
29-15 11 Les Newton
29-16 12 Melanie Pede
29-17 13 Joe Pusateri
29-18 Nonvoting Director Earnest Taylor
29-19 (b) Of the initial directors, the directors appointed for
29-20 positions 1 through 7 serve until June 1, 2001, and the directors
29-21 appointed for positions 8 through 13 serve until June 1, 1999.
29-22 (c) This section expires September 1, 2002.
29-23 SECTION 2. The legislature finds that:
29-24 (1) proper and legal notice of the intention to
29-25 introduce this Act, setting forth the general substance of this
29-26 Act, has been published as provided by law, and the notice and a
29-27 copy of this Act have been furnished to all persons, agencies,
30-1 officials, or entities to which they are required to be furnished
30-2 by the constitution and laws of this state, including the governor,
30-3 who has submitted the notice and Act to the Texas Natural Resource
30-4 Conservation Commission;
30-5 (2) the Texas Natural Resource Conservation Commission
30-6 has filed its recommendations relating to this Act with the
30-7 governor, lieutenant governor, and speaker of the house of
30-8 representatives within the required time;
30-9 (3) the general law relating to consent by political
30-10 subdivisions to the creation of districts with conservation,
30-11 reclamation, and road powers and the inclusion of land in those
30-12 districts has been complied with; and
30-13 (4) all requirements of the constitution and laws of
30-14 this state and the rules and procedures of the legislature with
30-15 respect to the notice, introduction, and passage of this Act have
30-16 been fulfilled and accomplished.
30-17 SECTION 3. This Act takes effect September 1, 1997.
30-18 SECTION 4. The importance of this legislation and the
30-19 crowded condition of the calendars in both houses create an
30-20 emergency and an imperative public necessity that the
30-21 constitutional rule requiring bills to be read on three several
30-22 days in each house be suspended, and this rule is hereby suspended.