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                                 * * * * *