1-1 By: Howard (Senate Sponsor - Armbrister) H.B. No. 2731 1-2 (In the Senate - Received from the House May 16, 1997; 1-3 May 16, 1997, read first time and referred to Committee on 1-4 Intergovernmental Relations; May 17, 1997, reported favorably by 1-5 the following vote: Yeas 9, Nays 0; May 17, 1997, sent to 1-6 printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the creation of the First Colony Management District. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subtitle A, Title 12, Local Government Code, is 1-12 amended by adding Chapter 376 to read as follows: 1-13 CHAPTER 376. SPECIFIC MUNICIPAL MANAGEMENT DISTRICTS 1-14 (Subchapters A-C reserved for expansion 1-15 SUBCHAPTER D. FIRST COLONY MANAGEMENT DISTRICT 1-16 Sec. 376.111. CREATION OF DISTRICT. (a) A special district 1-17 to be known as the "First Colony Management District" exists as a 1-18 governmental agency, body politic and corporate, and political 1-19 subdivision of the state. 1-20 (b) The name of the district may be changed by resolution of 1-21 the board. 1-22 (c) The creation of the district is essential to accomplish 1-23 the purposes of Section 52, Article III, Section 59, Article XVI, 1-24 and Section 52-a, Article III, Texas Constitution, and other public 1-25 purposes stated in this subchapter. 1-26 Sec. 376.112. DECLARATION OF INTENT. (a) The creation of 1-27 the district is necessary to promote, develop, encourage, and 1-28 maintain employment, commerce, transportation, housing, tourism, 1-29 recreation, arts, entertainment, economic development, safety, and 1-30 the public welfare in the municipality. 1-31 (b) The creation of the district and this legislation is not 1-32 to be interpreted to relieve the county or the municipality from 1-33 providing the level of services, as of September 1, 1997, to the 1-34 area in the district or to release the county or the municipality 1-35 from the obligations each entity has to provide services to that 1-36 area. The district is created to supplement and not supplant the 1-37 municipal or county services provided in the area in the district. 1-38 (c) By creating the district and in authorizing the 1-39 municipality, county, and other political subdivisions to contract 1-40 with the district, the legislature has established a program to 1-41 accomplish the public purposes set out in Section 52-a, Article 1-42 III, Texas Constitution. 1-43 Sec. 376.113. DEFINITIONS. In this subchapter: 1-44 (1) "Board" means the board of directors of the 1-45 district. 1-46 (2) "District" means the First Colony Management 1-47 District. 1-48 (3) "Municipality" means the City of Sugar Land, 1-49 Texas. 1-50 (4) "County" means Fort Bend County, Texas. 1-51 Sec. 376.114. BOUNDARIES. The district includes all the 1-52 territory contained in the following described area: 1-53 Being a 517.5 acre tract of land out of the S.M. William 1-54 League, Abstract 97, the Alexander Hodge League, Abstract 32 and 1-55 the Elijah Alcorn League, Abstract 1, Fort Bend County, Texas; said 1-56 517.5 acre tract being more particularly described by metes and 1-57 bounds as follows (all bearings are referenced to the recorded plat 1-58 of the Replat of Sweetwater Plaza Commercial Reserves "B" and "C" a 1-59 subdivision plat recorded on slide number 1515-B of the Fort Bend 1-60 County Plat Records (F.B.C.P.R.): 1-61 BEGINNING AT A 5/8-inch iron rod found for the southwest 1-62 corner of the Replat of Sweetwater Plaza Commercial Reserves "B" & 1-63 "C"; 1-64 Thence, with the west line, of said Replat, North 01 degrees 2-1 50 minutes 41 seconds West, a distance of 355.00 feet to the south 2-2 Right-of-way (R.O.W.) line of U.S. Highway 59; 2-3 Thence, crossing said U.S. Highway 59, North 01 degrees 52 2-4 minutes 08 seconds West, a distance of 393.87 feet to the north 2-5 R.O.W. line of U.S. Highway 59, same being the southwest corner of 2-6 First Colony Boulevard Commercial Park, a subdivision plat recorded 2-7 on slide number 1552-B of the F.B.C.P.R.; 2-8 Thence, with the west line of said First Colony Boulevard 2-9 Commercial Park, North 01 degrees 49 minutes 39 seconds West, a 2-10 distance of 2208.71 feet; 2-11 Thence, continuing with said west line, North 01 degrees 51 2-12 minutes 01 seconds West, a distance of 81.43 feet to the northwest 2-13 corner of said First Colony Boulevard Commercial Park; 2-14 Thence, with the north line of said First Colony Boulevard 2-15 Commercial Park, North 77 degrees 24 minutes 35 seconds East, a 2-16 distance of 528.30 feet to the west R.O.W. of First Colony 2-17 Boulevard; 2-18 Thence, crossing said First Colony Boulevard, North 77 2-19 degrees 24 minutes 35 seconds East, a distance of 100.25 feet to 2-20 the east R.O.W. line of First Colony Boulevard, same being the 2-21 northwest corner of Town Center Square a subdivision plat recorded 2-22 on slide number 1510-B, 1511-A and 1511-B of the F.B.C.P.R.; 2-23 Thence, with the north line of said Town Center Square, North 2-24 77 degrees 24 minutes 35 seconds East, a distance of 2162.61 feet 2-25 to the northeast corner of said Town Center Square; 2-26 Thence, the easterly line of said Town Center Square, South 2-27 05 degrees 34 minutes 29 seconds East, a distance of 439.26 feet; 2-28 Thence, continuing with said easterly line, South 49 degrees 2-29 28 minutes 19 seconds East, a distance of 275.58 feet; 2-30 Thence, with a northwesterly line of said Town Center Square, 2-31 North 52 degrees 03 minutes 03 seconds East, a distance of 54.51 2-32 feet; 2-33 Thence, continuing with a northwesterly line of said Town 2-34 Center Square, 26.34 feet along the arc of a curve to the right, 2-35 said curve having a central angle of 02 degrees 57 minutes 33 2-36 seconds, a radius of 510.00 feet and a chord that bears North 53 2-37 degrees 31 minutes 49 seconds East, a distance of 26.34 feet; 2-38 Thence, continuing with a northwesterly line of said Town 2-39 Center Square, North 55 degrees 00 minutes 36 seconds East, a 2-40 distance of 70.00 feet to the northwesterly R.O.W. line of U.S. 2-41 Highway 59; 2-42 Thence, with said northwesterly R.O.W. line, 993.56 feet 2-43 along the arc of a curve to the left, said curve having a central 2-44 angle of 05 degrees 03 minutes 22 seconds, a radius of 11259.16 2-45 feet and a chord that bears North 48 degrees 50 minutes 45 seconds 2-46 East, a distance of 993.24 feet; 2-47 Thence, leaving said northwesterly R.O.W. line, North 69 2-48 degrees 17 minutes 48 seconds West, a distance of 100.30 feet to 2-49 the east corner of a 0.8631 acre tract of land recorded in the name 2-50 of Brazos River Authority in Volume 900 Page 562 of the Fort Bend 2-51 County Deed Records (F.B.C.D.R.); 2-52 Thence, with the north line of said 0.8631 acre tract, North 2-53 69 degrees 17 minutes 48 seconds West, a distance of 572.31 feet to 2-54 the east northeast corner of Recreation Reserve "D" of First Colony 2-55 Lakes and First Colony Lake Park a subdivision plat recorded on 2-56 slide number 1393-A and 1393-B of the F.B.C.P.R.; 2-57 Thence, with the north line of said Recreation Reserve "D", 2-58 North 69 degrees 17 minutes 48 seconds West, a distance of 369.44 2-59 feet to the easterly R.O.W. line of Kensington Boulevard; 2-60 Thence, crossing said Kensington Boulevard, North 69 degrees 2-61 17 minutes 48 seconds West, a distance of 136.67 feet to the 2-62 westerly R.O.W. line of Kensington Boulevard; 2-63 Thence, continuing with the north line of said Recreation 2-64 Reserve "D", North 69 degrees 17 minutes 48 seconds West, a 2-65 distance of 174.20 feet to the easterly R.O.W. line of Great Oak 2-66 Lane; 2-67 Thence, with said easterly R.O.W. line, 175.00 feet along the 2-68 arc of a curve to the left, said curve having a central angle of 20 2-69 degrees 53 minutes 20 seconds, a radius of 480.00 feet and a chord 3-1 that bears North 05 degrees 04 minutes 12 seconds East, a distance 3-2 of 174.03 feet; 3-3 Thence, North 05 degrees 22 minutes 27 seconds West, a 3-4 distance of 136.48 feet to southwest corner of Restricted Reserve 3-5 "B" of aforesaid First Colony Lakes and First Colony Lake Park; 3-6 Thence, with the common line of said Restricted Reserve "B" 3-7 the following ten (10) courses: 3-8 1. North 84 degrees 37 minutes 33 seconds East, a distance 3-9 of 51.98 feet; 3-10 2. South 71 degrees 44 minutes 23 seconds East, a distance 3-11 of 86.89 feet; 3-12 3. North 68 degrees 18 minutes 33 seconds East, a distance 3-13 of 78.26 feet; 3-14 4. North 35 degrees 16 minutes 19 seconds East, a distance 3-15 of 152.17 feet; 3-16 5. North 55 degrees 20 minutes 48 seconds East, a distance 3-17 of 115.84 feet; 3-18 6. North 56 degrees 12 minutes 40 seconds East, a distance 3-19 of 160.70 feet; 3-20 7. North 64 degrees 56 minutes 52 seconds East, a distance 3-21 of 83.82 feet; 3-22 8. South 00 degrees 30 minutes 30 seconds West, a distance 3-23 of 120.18 feet; 3-24 9. South 28 degrees 25 minutes 51 seconds East, a distance 3-25 of 107.55 feet; 3-26 10. South 45 degrees 25 minutes 50 seconds East, a distance 3-27 of 102.44 feet to the northwesterly R.O.W. line of Kensington 3-28 Boulevard; 3-29 Thence, with said northwesterly R.O.W. line, 719.07 feet 3-30 along the arc of a curve to the left, said curve having a central 3-31 angle of 22 degrees 30 minutes 48 seconds, a radius of 1830.00 feet 3-32 and a chord that bears North 32 degrees 00 minutes 55 seconds East, 3-33 a distance of 714.45 feet; 3-34 Thence, continuing with said northwesterly R.O.W. line, North 3-35 20 degrees 45 minutes 31 seconds East, a distance of 265.86 feet; 3-36 Thence, North 20 degrees 45 minutes 31 seconds East, at a 3-37 distance of 70.00 feet pass the southwesterly R.O.W. line of State 3-38 Highway 6, in all, a distance of 200.00 feet to the northeasterly 3-39 R.O.W. line of State Highway 6; 3-40 Thence, with said northeasterly R.O.W. line, South 69 degrees 3-41 12 minutes 52 seconds East, a distance of 1303.41 feet to a cut 3-42 back located at the northwesterly intersection of said State 3-43 Highway 6 and U.S. Highway 59; 3-44 Thence, with said cutback, North 78 degrees 58 minutes 23 3-45 seconds East, a distance of 40.41 feet; 3-46 Thence, with the northwesterly R.O.W. line of said U.S. 3-47 Highway 59 the following nine (9) courses: 3-48 1. North 40 degrees 05 minutes 31 seconds East, a distance 3-49 of 167.24 feet; 3-50 2. North 40 degrees 06 minutes 02 seconds East, a distance 3-51 of 1064.73 feet; 3-52 3. North 34 degrees 23 minutes 24 seconds East, a distance 3-53 of 201.00 feet; 3-54 4. North 40 degrees 06 minutes 02 seconds East, a distance 3-55 of 500.00 feet; 3-56 5. North 45 degrees 48 minutes 40 seconds East, a distance 3-57 of 201.00 feet; 3-58 6. North 40 degrees 06 minutes 02 seconds East, a distance 3-59 of 1209.51 feet; 3-60 7. North 37 degrees 16 minutes 22 seconds East, a distance 3-61 of 686.23 feet; 3-62 8. North 39 degrees 46 minutes 33 seconds East, a distance 3-63 of 95.27 feet; 3-64 9. North 39 degrees 46 minutes 33 seconds East, a distance 3-65 of 86.97 feet to the centerline of Sugar Lakes Boulevard; 3-66 Thence, with the centerline of Sugar Lakes and the centerline of 3-67 Williams Trace Boulevard the following six (6) courses: 3-68 1. South 44 degrees 53 minutes 55 seconds East, a distance 3-69 of 476.12 feet; 4-1 2. South 44 degrees 53 minutes 55 seconds East, a distance 4-2 of 95.74 feet; 4-3 3. 237.84 feet along the arc of a curve to the right, said 4-4 curve having a central angle of 06 degrees 48 minutes 49 seconds, a 4-5 radius of 2000.00 feet and a chord that bears South 41 degrees 29 4-6 minutes 31 seconds East, a distance of 237.70 feet; 4-7 4. South 38 degrees 05 minutes 06 seconds East, a distance 4-8 of 100.00 feet; 4-9 5. 235.70 feet along the arc of a curve to the left, said 4-10 curve having a central angle of 06 degrees 45 minutes 08 seconds, a 4-11 radius of 2000.00 feet and a chord that bears South 41 degrees 27 4-12 minutes 40 seconds East, a distance of 235.56 feet; 4-13 6. South 44 degrees 50 minutes 14 seconds East, a distance 4-14 of 703.17 feet; 4-15 Thence, leaving said centerline, South 47 degrees 52 minutes 4-16 53 seconds West, a distance of 60.06 feet to the east corner of 4-17 Commercial Reserve "L" of First Colony Commons, a subdivision plat 4-18 recorded on slide number 1185-B, 1186-A and 1186-B of the 4-19 F.B.C.P.R.; 4-20 Thence, with the northerly line of Oyster Creek as shown on 4-21 said First Colony Commons Plat, same being the southerly line of 4-22 Commercial Reserves "L", "K", "J", "I", "H", and "G" and the "Lift 4-23 Station Reserve", the following seven (7) courses: 4-24 1. South 47 degrees 52 minutes 53 seconds West, a distance 4-25 of 470.00 feet; 4-26 2. South 84 degrees 00 minutes 43 seconds West, a distance 4-27 of 392.14 feet; 4-28 3. North 88 degrees 32 minutes 51 seconds West, a distance 4-29 of 431.86 feet; 4-30 4. South 74 degrees 07 minutes 01 seconds West, a distance 4-31 of 256.61 feet; 4-32 5. South 52 degrees 31 minutes 37 seconds West, a distance 4-33 of 261.40 feet; 4-34 6. South 73 degrees 42 minutes 06 seconds West, a distance 4-35 of 388.72 feet; 4-36 7. South 88 degrees 33 minutes 23 seconds West, a distance 4-37 of 381.21 feet to the southeasterly R.O.W. line of U.S. Highway 59; 4-38 Thence, with the southeasterly line of said U.S. Highway 59, 4-39 South 40 degrees 06 minutes 02 seconds West, a distance of 419.25 4-40 feet to the north corner of Creekside at Town Center a subdivision 4-41 plat recorded on slide number 1282-A and 1282-B of the F.B.C.P.R.; 4-42 Thence, with the easterly boundary line of said Creekside at 4-43 Town Center the following eleven (11) courses: 4-44 1. South 71 degrees 17 minutes 54 seconds East, a distance 4-45 of 247.18 feet; 4-46 2. South 76 degrees 28 minutes 54 seconds East, a distance 4-47 of 76.58 feet; 4-48 3. South 14 degrees 01 minutes 50 seconds East, a distance 4-49 of 94.37 feet; 4-50 4. South 88 degrees 58 minutes 38 seconds East, a distance 4-51 of 92.42 feet; 4-52 5. South 32 degrees 43 minutes 39 seconds East, a distance 4-53 of 295.60 feet; 4-54 6. South 01 degrees 23 minutes 09 seconds East, a distance 4-55 of 191.69 feet; 4-56 7. South 14 degrees 13 minutes 50 seconds West, a distance 4-57 of 172.53 feet; 4-58 8. South 24 degrees 32 minutes 10 seconds West, a distance 4-59 of 123.82 feet; 4-60 9. South 12 degrees 37 minutes 38 seconds West, a distance 4-61 of 203.31 feet; 4-62 10. South 26 degrees 36 minutes 25 seconds East, a distance 4-63 of 214.15 feet; 4-64 11. South 41 degrees 14 minutes 54 seconds East, a distance 4-65 of 18.42 feet to the northwest corner of First Colony Tract 13A a 4-66 subdivision plat recorded on slide number 1025-A of the F.B.C.P.R.; 4-67 Thence, with the northeasterly line of said Tract 13A, South 4-68 41 degrees 16 minutes 16 seconds East, a distance of 416.63 feet; 4-69 Thence, with the east line of said Tract 13A, South 20 5-1 degrees 45 minutes 52 seconds West, a distance of 23.06 feet; 5-2 Thence, crossing State Highway 6, South 20 degrees 45 minutes 5-3 52 seconds West, a distance of 162.33 feet to the south end of a 5-4 cutback located at the east corner of The Market at Town Center, a 5-5 subdivision plat recorded on slide number 1361-B and 1362-A of the 5-6 F.B.C.P.R.; 5-7 Thence, with the southeast and south boundary lines of said 5-8 The Market at Town Center the following fourteen (14) courses: 5-9 1. South 20 degrees 45 minutes 52 seconds West, a distance 5-10 of 466.95 feet; 5-11 2. 786.94 feet along the arc of a curve to the right, said 5-12 curve having a central angle of 23 degrees 14 minutes 29 seconds, a 5-13 radius of 1940.00 feet and a chord that bears South 32 degrees 23 5-14 minutes 06 seconds West, a distance of 781.56 feet; 5-15 3. South 44 degrees 00 minutes 21 seconds West, a distance 5-16 of 152.99 feet; 5-17 4. 315.41 feet along the arc of a curve to the left, said 5-18 curve having a central angle of 08 degrees 46 minutes 22 seconds, a 5-19 radius of 2060.00 feet and a chord that bears South 39 degrees 37 5-20 minutes 10 seconds West, a distance of 315.11 feet; 5-21 5. South 35 degrees 13 minutes 59 seconds West, a distance 5-22 of 100.00 feet; 5-23 6. 258.25 feet along the arc of a curve to the right, said 5-24 curve having a central angle of 07 degrees 37 minutes 37 seconds, a 5-25 radius of 1940.00 feet and a chord that bears South 39 degrees 02 5-26 minutes 55 seconds West, a distance of 258.05 feet; 5-27 7. North 60 degrees 38 minutes 31 seconds West, a distance 5-28 of 143.38 feet; 5-29 8. North 45 degrees 43 minutes 01 seconds West, a distance 5-30 of 665.75 feet; 5-31 9. North 34 degrees 47 minutes 50 seconds West, a distance 5-32 of 24.07 feet; 5-33 10. 26.31 feet along the arc of a curve to the left, said 5-34 curve having a central angle of 11 degrees 09 minutes 59 seconds, a 5-35 radius of 135.00 feet and a chord that bears North 40 degrees 22 5-36 minutes 49 seconds West, a distance of 26.27 feet; 5-37 11. North 45 degrees 57 minutes 48 seconds West, a distance 5-38 of 75.49 feet; 5-39 12. 149.22 feet along the arc of a curve to the right, said 5-40 curve having a central angle of 89 degrees 59 minutes 53 seconds, a 5-41 radius of 95.00 feet and a chord that bears North 00 degrees 57 5-42 minutes 51 seconds West, a distance of 134.35 feet; 5-43 13. North 44 degrees 02 minutes 05 seconds East, a distance 5-44 of 1.35 feet; 5-45 14. North 45 degrees 57 minutes 55 seconds West, a distance 5-46 of 120.00 feet to the Northwesterly R.O.W. Line of Town Center 5-47 Boulevard North, same being in the northeasterly line of the First 5-48 Colony Mall, a subdivision plat recorded on slide numbers 1362-B, 5-49 1363-A, 1363-B, 1364-A, 1364-B AND 1365-A of the F.B.C.P.R.; 5-50 Thence, with the boundary of said First Colony Mall, the 5-51 following 5-52 1. South 44 degrees 02 minutes 05 seconds West, a distance 5-53 of 15.35 feet; 5-54 2. 108.75 feet along the arc of a curve to the right, said 5-55 curve having a central angle of 65 degrees 35 minutes 08 seconds, a 5-56 radius of 95.00 feet and a chord that bears South 76 degrees 49 5-57 minutes 40 seconds West, a distance of 102.90 feet; 5-58 3. North 45 degrees 43 minutes 01 seconds West, a distance 5-59 of 672.43 feet; 5-60 4. North 09 degrees 22 minutes 05 seconds West, a distance 5-61 of 217.59 feet to the south R.O.W. line of U.S. Highway 59; 5-62 Thence, with said R.O.W. line, 1986.35 feet along the arc of 5-63 a curve to the right, said curve having a central angle of 09 5-64 degrees 45 minutes 41 seconds, a radius of 11659.16 feet and a 5-65 chord that bears South 47 degrees 39 minutes 51 seconds West, a 5-66 distance of 1983.95 feet; 5-67 Thence, continuing with said R.O.W. line, South 52 degrees 32 5-68 minutes 41 seconds West, a distance of 818.23 feet to the most 5-69 northerly corner of Methodist Hospital, a subdivision plat recorded 6-1 on slide number 1525-A of the F.B.C.P.R.; 6-2 Thence, with the boundary of said Methodist Hospital the 6-3 following four (4) courses: 6-4 Thence, South 75 degrees 59 minutes 55 seconds East, a 6-5 distance of 298.11 feet; 6-6 Thence, South 14 degrees 00 minutes 05 seconds West, a 6-7 distance of 214.90 feet; 6-8 Thence, 324.63 feet along the arc of a curve to the left, 6-9 said curve having a central angle of 59 degrees 59 minutes 56 6-10 seconds, a radius of 310.00 feet and a chord that bears South 15 6-11 degrees 59 minutes 53 seconds East, a distance of 310.00 feet; 6-12 Thence, South 45 degrees 59 minutes 52 seconds East, at a 6-13 distance of 161.92 feet pass the most easterly southeast corner of 6-14 said Methodist Hospital, in all, a distance of 778.93 feet; 6-15 Thence, North 89 degrees 20 minutes 54 seconds East, a 6-16 distance of 1067.22 feet to the northwesterly R.O.W. line of 6-17 Lexington Boulevard; 6-18 Thence, with said northwesterly R.O.W. line the following 6-19 four (4) courses: 6-20 1. 356.84 feet along the arc of a curve to the left, said 6-21 curve having a central angle of 03 degrees 22 minutes 26 seconds, a 6-22 radius of 6060.00 feet and a chord that bears South 44 degrees 24 6-23 minutes 26 seconds West, a distance of 356.79 feet; 6-24 2. South 42 degrees 43 minutes 13 seconds West, a distance 6-25 of 367.68 feet; 6-26 3. 1068.02 feet along the arc of a curve to the right, said 6-27 curve having a central angle of 31 degrees 32 minutes 34 seconds, a 6-28 radius of 1940.00 feet and a chord that bears South 58 degrees 29 6-29 minutes 30 seconds West, a distance of 1054.58 feet; 6-30 4. South 74 degrees 15 minutes 47 seconds West, a distance 6-31 of 289.17 feet; 6-32 Thence, crossing Sweetwater Boulevard, South 74 degrees 15 6-33 minutes 30 seconds West, a distance of 229.36 feet to the most 6-34 westerly end of radius of a curve at the northwest intersection of 6-35 Lexington Boulevard and Sweetwater Boulevard, same being in the 6-36 south line of Sweetwater Plaza a subdivision plat recorded on slide 6-37 number 1448-B and 1149-A of the F.B.C.P.R.; 6-38 Thence with the boundary of said Sweetwater Plaza the 6-39 following five (5) courses: 6-40 1. South 75 degrees 07 minutes 03 seconds West, a distance 6-41 of 58.01 feet; 6-42 2. 428.22 feet along the arc of a curve to the right, said 6-43 curve having a central angle of 09 degrees 33 minutes 17 seconds, a 6-44 radius of 2567.89 feet and a chord that bears South 80 degrees 45 6-45 minutes 05 seconds West, a distance of 427.73 feet; 6-46 3. South 85 degrees 31 minutes 43 seconds West, a distance 6-47 of 160.21 feet; 6-48 4. North 04 degrees 28 minutes 17 seconds West, a distance 6-49 of 179.90 feet; 6-50 5. North 36 degrees 19 minutes 42 seconds West, a distance 6-51 of 397.75 feet to the most southerly southeast corner of the 6-52 aforesaid Replat of Sweetwater Plaza Commercial Reserves "B" and 6-53 "C"; 6-54 Thence, with the southerly line of said Replat of Sweetwater 6-55 Plaza Commercial Reserves "B" and "C" the following ten (10) 6-56 courses: 6-57 1. North 36 degrees 19 minutes 42 seconds West, a distance 6-58 of 26.75 feet; 6-59 2. North 86 degrees 32 minutes 05 seconds West, a distance 6-60 of 325.78 feet; 6-61 3. North 67 degrees 16 minutes 56 seconds West, a distance 6-62 of 195.91 feet; 6-63 4. North 88 degrees 06 minutes 32 seconds West, a distance 6-64 of 165.52 feet; 6-65 5. South 72 degrees 45 minutes 31 seconds West, a distance 6-66 of 164.54 feet; 6-67 6. South 52 degrees 17 minutes 59 seconds West, a distance 6-68 of 159.73 feet; 6-69 7. South 43 degrees 45 minutes 49 seconds West, a distance 7-1 of 124.81 feet; 7-2 8. South 54 degrees 05 minutes 22 seconds West, a distance 7-3 of 140.89 feet; 7-4 9. South 72 degrees 38 minutes 06 seconds West, a distance 7-5 of 118.03 feet; 7-6 10. South 88 degrees 09 minutes 19 seconds West, a distance 7-7 of 295.00 feet to the Point of Beginning and containing 517.5 acres 7-8 of land. 7-9 Sec. 376.115. FINDINGS RELATING TO BOUNDARIES. The 7-10 boundaries and field notes of the district form a closure. If a 7-11 mistake is made in the field notes or in copying the field notes in 7-12 the legislative process, the mistake does not in any way affect 7-13 the: 7-14 (1) organization, existence, and validity of the 7-15 district; 7-16 (2) right of the district to issue any type of bonds 7-17 or refunding bonds for the purposes for which the district is 7-18 created or to pay the principal of and interest on the bonds; 7-19 (3) right of the district to impose and collect 7-20 assessments or taxes; or 7-21 (4) legality or operation of the district or its 7-22 governing body. 7-23 Sec. 376.116. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) 7-24 All the land and other property included in the district will be 7-25 benefited by the improvements and services to be provided by the 7-26 district under powers conferred by Section 52, Article III, Section 7-27 59, Article XVI, and Section 52-a, Article III, Texas Constitution, 7-28 and other powers granted under this subchapter, and the district is 7-29 created to serve a public use and benefit. 7-30 (b) The creation of the district is in the public interest 7-31 and is essential to: 7-32 (1) further the public purposes of the development and 7-33 diversification of the economy of the state; and 7-34 (2) eliminate unemployment and underemployment and 7-35 develop or expand transportation and commerce. 7-36 (c) The district will: 7-37 (1) promote the health, safety, and general welfare of 7-38 residents, employers, employees, visitors, consumers in the 7-39 district, and the general public; 7-40 (2) provide needed funding for the municipality to 7-41 preserve, maintain, and enhance the economic health and vitality of 7-42 the area as a community and business center; and 7-43 (3) further promote the health, safety, welfare, and 7-44 enjoyment of the public by providing pedestrian ways and by 7-45 landscaping and developing certain areas in the district, which are 7-46 necessary for the restoration, preservation, and enhancement of 7-47 scenic and aesthetic beauty. 7-48 (d) Pedestrian ways along or across a street, whether at 7-49 grade or above or below the surface, and street lighting, street 7-50 landscaping, and street art objects are parts of and necessary 7-51 components of a street and are considered to be a street or road 7-52 improvement. 7-53 (e) The district will not act as the agent or 7-54 instrumentality of any private interest even though many private 7-55 interests will be benefited by the district, as will the general 7-56 public. 7-57 Sec. 376.117. APPLICATION OF OTHER LAW. Except as otherwise 7-58 provided by this subchapter, Chapter 375 applies to the district. 7-59 Sec. 376.118. CONSTRUCTION OF SUBCHAPTER. This subchapter 7-60 shall be liberally construed in conformity with the findings and 7-61 purposes stated in this subchapter. 7-62 Sec. 376.119. BOARD OF DIRECTORS IN GENERAL. (a) The 7-63 district is governed by a board of 13 directors who serve staggered 7-64 terms of four years with seven or six members' terms expiring June 7-65 1 of each odd-numbered year. The board may increase or decrease 7-66 the number of directors on the board by resolution, provided that 7-67 it is in the best interest of the district to do so and that the 7-68 board consists of not fewer than nine and not more than 30 7-69 directors. 8-1 (b) Subchapter D, Chapter 375, applies to the board to the 8-2 extent that subchapter does not conflict with this subchapter. The 8-3 imposition of a tax, assessment, or impact fee requires a vote of a 8-4 majority of the directors serving. 8-5 Sec. 376.120. APPOINTMENT AND REMOVAL OF DIRECTORS; VACANCY. 8-6 (a) The mayor and members of the governing body of the 8-7 municipality shall appoint directors from persons recommended by 8-8 the board. A vacancy in the office of director because of the 8-9 death, resignation, or removal of a director shall be filled by the 8-10 remaining members of the board by appointing a qualified person for 8-11 the unexpired term. 8-12 (b) A person may not be appointed to the board if the 8-13 appointment of that person would result in less than two-thirds of 8-14 the board members being owners of property in the municipality. 8-15 (c) An owner of a tract of land within the district that is 8-16 10 or more acres in size may recommend to the board of directors a 8-17 successor director to fill a position or vacancy on the board 8-18 unless a director recommended by the current or previous owner of 8-19 the tract is serving on the board. 8-20 (d) The board may remove a director by a majority vote of 8-21 directors if the director has missed half the meetings scheduled 8-22 during the previous 12 months. A director removed under this 8-23 subsection may file a written appeal with the governing body of the 8-24 municipality. The governing body may reinstate the director if the 8-25 body finds that the removal was unwarranted under the circumstances 8-26 after considering the reasons for the absences, the time and place 8-27 of the meetings, the business conducted at the meetings missed, and 8-28 any other relevant circumstances. 8-29 Sec. 376.121. NONVOTING MEMBERS OF BOARD OF DIRECTORS. The 8-30 board may appoint nonvoting members to serve on the board. 8-31 Sec. 376.122. POWERS OF DISTRICT. The district has: 8-32 (1) all powers necessary or required to accomplish the 8-33 purposes for which the district was created; 8-34 (2) the rights, powers, privileges, authority, and 8-35 functions of a district created under Chapter 375; 8-36 (3) the powers given to a corporation under Section 8-37 4B, the Development Corporation Act of 1979 (Article 5190.6, 8-38 Vernon's Texas Civil Statutes), and the power to own, operate, 8-39 acquire, construct, lease, improve, and maintain projects; 8-40 (4) the power to impose ad valorem taxes, assessments, 8-41 or impact fees in accordance with Chapter 375 to provide 8-42 improvements and services for a project or activity the district is 8-43 authorized to acquire, construct, improve, or provide under this 8-44 subchapter; 8-45 (5) the power to correct, add to, or delete 8-46 assessments from its assessment rolls after notice and hearing as 8-47 provided by Subchapter F, Chapter 375; and 8-48 (6) the authority to annex or exclude land, whether 8-49 located inside or outside the boundaries of the municipality, in 8-50 accordance with Chapters 49 and 54, Water Code. 8-51 Sec. 376.123. EXPENSES AND LIABILITY FOR CERTAIN ACTIONS 8-52 AFFECTING PROPERTY. (a) If the district, in exercising a power 8-53 conferred by this subchapter, requires a relocation, adjustment, 8-54 raising, lowering, rerouting, or changing of the grade or the 8-55 construction of any of the following items, the district must take 8-56 that required action at the sole expense of the district: 8-57 (1) a street, alley, highway, overpass, underpass, 8-58 road, railroad track, bridge, facility, or other property; 8-59 (2) an electric line, conduit, facility, or other 8-60 property; 8-61 (3) a telephone or telegraph line, conduit, facility, 8-62 or other property; 8-63 (4) a gas transmission or distribution pipe, pipeline, 8-64 main, facility, or other property; 8-65 (5) a water, sanitary sewer, or storm sewer pipe, 8-66 pipeline, main, facility, or other property; 8-67 (6) a cable television line, cable, conduit, facility, 8-68 or other property; or 8-69 (7) another pipeline, facility, or other property 9-1 relating to the pipeline. 9-2 (b) The district shall bear damages that are suffered by 9-3 owners of the facility or other property. 9-4 (c) The district may not relocate, adjust, raise, lower, 9-5 reroute, or change the grade or the construction of a facility 9-6 under the jurisdiction of the Texas Department of Transportation 9-7 without the written approval of the Texas Department of 9-8 Transportation. 9-9 Sec. 376.124. RELATION TO OTHER LAW. If any provision of a 9-10 law referenced in Section 376.122 is in conflict with or is 9-11 inconsistent with this subchapter, this subchapter prevails. Any 9-12 law referenced in this subchapter that is not in conflict or 9-13 inconsistent with this subchapter is adopted and incorporated by 9-14 reference. 9-15 Sec. 376.125. REQUIREMENTS FOR FINANCING SERVICES AND 9-16 IMPROVEMENTS. The board may not finance services and improvement 9-17 projects under this subchapter unless a written petition requesting 9-18 those improvements or services has been filed with the board. The 9-19 petition must be signed by: 9-20 (1) the owners of a majority of the assessed value of 9-21 real property in the district as determined by the most recent 9-22 certified county property tax rolls; 9-23 (2) the owners of the majority of the surface area of 9-24 real property in the district, as determined by the most recent 9-25 certified county property tax rolls, excluding roads, streets, 9-26 highways, and utility rights-of-way, other public areas, and any 9-27 other property exempt from assessment under this chapter; or 9-28 (3) at least 50 persons who own land in the district, 9-29 if there are more than 50 persons who own property in the district 9-30 as determined by the most recent certified county property tax 9-31 rolls. 9-32 Sec. 376.126. NONPROFIT CORPORATION. (a) The board by 9-33 resolution may authorize the creation of a nonprofit corporation to 9-34 assist and act on behalf of the district in implementing a project 9-35 or providing a service authorized by this subchapter. 9-36 (b) The board shall appoint the board of directors of a 9-37 nonprofit corporation created under this section. The board of 9-38 directors of the nonprofit corporation shall serve in the same 9-39 manner as, for the same term as, and on the conditions of the board 9-40 of directors of a local government corporation created under 9-41 Chapter 431, Transportation Code. 9-42 (c) A nonprofit corporation created under this section has 9-43 the powers of and is considered for purposes of this subchapter to 9-44 be a local government corporation created under Chapter 431, 9-45 Transportation Code. 9-46 (d) A nonprofit corporation created under this section may 9-47 implement any project and provide any services authorized by this 9-48 subchapter. 9-49 Sec. 376.127. DISBURSEMENTS OR TRANSFERS OF FUNDS. The 9-50 board by resolution shall establish the number of directors' 9-51 signatures and the procedure required for a disbursement or 9-52 transfer of the district's money. 9-53 Sec. 376.128. BONDS. (a) The district may issue bonds or 9-54 other obligations payable in whole or in part from ad valorem 9-55 taxes, assessments, impact fees, revenues, grants, or other money 9-56 of the district, or any combination of those sources of money, to 9-57 pay for any authorized purpose of the district. 9-58 (b) Bonds or other obligations of the district may be issued 9-59 in the form of bonds, notes, certificates of participation, 9-60 including other instruments evidencing a proportionate interest in 9-61 payments to be made by the district, or other obligations that are 9-62 issued in the exercise of the district's borrowing power and may be 9-63 issued in bearer or registered form or not represented by an 9-64 instrument but the transfer of which is registered on books 9-65 maintained by or on behalf of the district. 9-66 (c) Except as provided by Subsection (d), the district must 9-67 obtain the municipality's approval of: 9-68 (1) the issuance of bonds for an improvement project; 9-69 and 10-1 (2) the plans and specifications of the improvement 10-2 project to be financed by the bonds. 10-3 (d) If the district obtains the municipality's approval of a 10-4 capital improvements budget for a specified period not to exceed 10-5 five years, the district may finance the capital improvements and 10-6 issue bonds specified in the budget without further municipal 10-7 approval. 10-8 (e) Before the district issues bonds, the district shall 10-9 submit the bonds and the record of proceedings of the district 10-10 relating to authorization of the bonds to the attorney general for 10-11 approval as provided by Chapter 53, Acts of the 70th Legislature, 10-12 2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil 10-13 Statutes). 10-14 Sec. 376.129. ASSESSMENTS. (a) The board may impose and 10-15 collect an assessment for any purpose authorized by this 10-16 subchapter. 10-17 (b) Assessments, reassessments, or assessments resulting 10-18 from an addition to or correction of the assessment roll by the 10-19 district, penalties and interest on an assessment or reassessment, 10-20 expenses of collection, and reasonable attorney's fees incurred by 10-21 the district: 10-22 (1) are a first and prior lien against the property 10-23 assessed; 10-24 (2) are superior to any other lien or claim other than 10-25 a lien or claim for county, school district, or municipal ad 10-26 valorem taxes; and 10-27 (3) are the personal liability of and charge against 10-28 the owners of the property even if the owners are not named in the 10-29 assessment proceedings. 10-30 (c) The lien is effective from the date of the resolution of 10-31 the board levying the assessment until the assessment is paid. The 10-32 board may enforce the lien in the same manner that the board may 10-33 enforce an ad valorem tax lien against real property. 10-34 (d) The district may not impose an impact fee or assessment 10-35 under Chapter 375 on the following types of property without the 10-36 consent of the owner: 10-37 (1) a condominium for which the owner meets all the 10-38 requirements to claim a homestead exemption, a single-family 10-39 detached residential property, or a residential duplex, triplex, or 10-40 quadraplex; 10-41 (2) a tract consistently and continuously used for 10-42 religious worship or a school that is maintained or owned by or 10-43 affiliated with a religious organization or for a use ancillary to 10-44 and in keeping with the operation of a full-service church or 10-45 school affiliated with a religious organization; 10-46 (3) a tract owned by the state or the United States 10-47 and used for a public purpose; 10-48 (4) a tract owned by the municipality, county, or 10-49 another political subdivision and used for a public purpose; and 10-50 (5) a tract that is owned in fee simple by a community 10-51 services association or property owners' association and is not 10-52 leased to a person who is not exempted by this subchapter. 10-53 (e) If equipment installed, at no cost to the district, on 10-54 assessed property reduces the district's cost of providing a 10-55 service, the district may reduce the amount of the assessment 10-56 against the property for the person required to pay the assessment 10-57 by an amount equal to the money saved by the equipment or may 10-58 rebate the money saved to the person required to pay the 10-59 assessment. The amount of money saved is determined solely by the 10-60 district. The district shall determine and apply rebates and 10-61 reductions under this subsection in a nondiscriminatory manner. 10-62 Sec. 376.130. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS. The 10-63 district must obtain the municipality's approval of the plans and 10-64 specifications of any district improvement project related to the 10-65 use of land owned by the municipality, an easement granted by the 10-66 municipality, or a right-of-way of a street, road, or highway. 10-67 Sec. 376.131. ELECTIONS. (a) In addition to the elections 10-68 the district must hold under Subchapter L, Chapter 375, the 10-69 district shall hold an election in the manner provided by that 11-1 subchapter to obtain voter approval before the district imposes a 11-2 maintenance tax or issues bonds payable from ad valorem taxes or 11-3 assessments. 11-4 (b) The board may submit multiple purposes in a single 11-5 proposition at an election. 11-6 (c) The board may not call an election under this subchapter 11-7 unless a written petition requesting an election has been filed 11-8 with the board. The petition must be signed by: 11-9 (1) the owners of a majority of the assessed value of 11-10 real property in the district as determined by the most recent 11-11 certified county property tax rolls; 11-12 (2) the owners of the majority of the surface area of 11-13 real property in the district, as determined by the most recent 11-14 certified county property tax rolls, excluding roads, streets, 11-15 highways, and utility rights-of-way, other public areas, and any 11-16 other property exempt from assessment under this chapter; or 11-17 (3) at least 50 persons who own land in the district, 11-18 if there are more than 50 persons who own property in the district 11-19 as determined by the most recent certified county property tax 11-20 rolls. 11-21 Sec. 376.132. IMPACT FEES. The district may impose an 11-22 impact fee for an authorized purpose as provided by Subchapter G, 11-23 Chapter 375. 11-24 Sec. 376.133. MAINTENANCE TAX. (a) If authorized at an 11-25 election held in accordance with Section 376.131, the district may 11-26 impose and collect an annual ad valorem tax on taxable property in 11-27 the district for the maintenance and operation of the district and 11-28 the improvements constructed or acquired by the district or for the 11-29 provision of services. 11-30 (b) The board shall determine the tax rate. 11-31 Sec. 376.134. DISSOLUTION OF DISTRICT. (a) The district 11-32 may be dissolved as provided by Subchapter M, Chapter 375, except 11-33 that a dissolution must be approved by: 11-34 (1) a three-fourths vote of the board of directors; 11-35 and 11-36 (2) a two-thirds vote of the municipality's governing 11-37 body. 11-38 (b) Notwithstanding this section and Section 375.264, a 11-39 district that has debt may be dissolved as provided by Subchapter 11-40 M, Chapter 375. If the district has debt and is dissolved, the 11-41 district shall remain in existence solely for the limited purpose 11-42 of discharging its bonds or other obligations according to their 11-43 terms. 11-44 Sec. 376.135. CONTRACTS. (a) To protect the public 11-45 interest, the district may contract with the municipality or county 11-46 for the provision of law enforcement services by the county or 11-47 municipality in the district on a fee basis. 11-48 (b) The municipality, county, or another political 11-49 subdivision of the state, without further authorization, may 11-50 contract with the district to implement a project of the district 11-51 or assist the district in providing the services authorized under 11-52 this subchapter. A contract under this subsection may: 11-53 (1) be for a period on which the parties agree; 11-54 (2) include terms on which the parties agree; 11-55 (3) be payable from taxes or any other sources of 11-56 revenue that may be available for such purpose; or 11-57 (4) provide that taxes or other revenue collected at a 11-58 district project or from a person using or purchasing a commodity 11-59 or service at a district project may be paid or rebated to the 11-60 district under the terms of the contract. 11-61 (c) The district may enter into a contract, lease, or other 11-62 agreement with or make or accept grants and loans to or from: 11-63 (1) the United States; 11-64 (2) the state or a state agency; 11-65 (3) any county, any municipality, or another political 11-66 subdivision of the state; 11-67 (4) a public or private corporation, including a 11-68 nonprofit corporation created by the board under this subchapter; 11-69 or 12-1 (5) any other person. 12-2 (d) The district may perform all acts necessary for the full 12-3 exercise of the powers vested in the district on terms and for the 12-4 period the board determines advisable. 12-5 Sec. 376.136. COMPETITIVE BIDDING. The district may enter a 12-6 contract for more than $50,000 for services, improvements, or the 12-7 purchase of property, including materials, machinery, equipment, or 12-8 supplies, only as provided by Subchapter K, Chapter 375. 12-9 Sec. 376.137. REINVESTMENT ZONES. (a) All or any part of 12-10 the area of the district is eligible to be included in a tax 12-11 incremental reinvestment zone created by the municipality under 12-12 Chapter 311, Tax Code, or included in a tax abatement reinvestment 12-13 zone created by the municipality under Chapter 312, Tax Code. 12-14 (b) A taxing unit participating in a tax increment 12-15 reinvestment zone created by a municipality or county may continue 12-16 to enter into a tax abatement agreement. 12-17 Sec. 376.138. INITIAL DIRECTORS. (a) The initial board 12-18 consists of the following persons: 12-19 Pos. No. Name of Director 12-20 1 Kelly Howden 12-21 2 Stephen J. Ewbank 12-22 3 Lynn Kehler 12-23 4 Steve Nelson 12-24 5 Carl Favre 12-25 6 Bill Struthers 12-26 7 John Iszard 12-27 8 Dr. Kim Gee 12-28 9 Steve Mercadal 12-29 10 Tony Null 12-30 11 Les Newton 12-31 12 Melanie Pede 12-32 13 Rob Larkin 12-33 Nonvoting Director Earnest Taylor 12-34 (b) Of the initial directors, the directors appointed for 12-35 positions 1 through 7 serve until June 1, 2001, and the directors 12-36 appointed for positions 8 through 13 serve until June 1, 1999. 12-37 (c) This section expires September 1, 2002. 12-38 SECTION 2. The legislature finds that: 12-39 (1) proper and legal notice of the intention to 12-40 introduce this Act, setting forth the general substance of this 12-41 Act, has been published as provided by law, and the notice and a 12-42 copy of this Act have been furnished to all persons, agencies, 12-43 officials, or entities to which they are required to be furnished 12-44 by the constitution and laws of this state, including the governor, 12-45 who has submitted the notice and Act to the Texas Natural Resource 12-46 Conservation Commission; 12-47 (2) the Texas Natural Resource Conservation Commission 12-48 has filed its recommendations relating to this Act with the 12-49 governor, lieutenant governor, and speaker of the house of 12-50 representatives within the required time; 12-51 (3) the general law relating to consent by political 12-52 subdivisions to the creation of districts with conservation, 12-53 reclamation, and road powers and the inclusion of land in those 12-54 districts has been complied with; and 12-55 (4) all requirements of the constitution and laws of 12-56 this state and the rules and procedures of the legislature with 12-57 respect to the notice, introduction, and passage of this Act have 12-58 been fulfilled and accomplished. 12-59 SECTION 3. The importance of this legislation and the 12-60 crowded condition of the calendars in both houses create an 12-61 emergency and an imperative public necessity that the 12-62 constitutional rule requiring bills to be read on three several 12-63 days in each house be suspended, and this rule is hereby suspended, 12-64 and that this Act take effect and be in force from and after its 12-65 passage, and it is so enacted. 12-66 * * * * *