By Alexander H.B. No. 3682
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers and duties of the
1-3 NTM Improvement District; providing authority to impose taxes and
1-4 issue bonds.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION OF DISTRICT. (a) The NTM Improvement
1-7 District is created in Navarro County as a municipal utility
1-8 district under Chapters 49 and 54, Water Code, a navigation
1-9 district under Chapters 60 and 62, Water Code, and a county
1-10 development district under Chapter 383, Local Government Code.
1-11 (b) The board by resolution may change the district's name.
1-12 (c) The creation of the district is essential to accomplish
1-13 the purposes of Sections 52 and 52-a, Article III, and Section 59,
1-14 Article XVI, Texas Constitution, and other public purposes stated
1-15 in this Act.
1-16 SECTION 2. DECLARATION OF INTENT. (a) The creation of the
1-17 district is necessary to promote, develop, encourage, and maintain
1-18 employment, commerce, transportation, housing, tourism, recreation,
1-19 arts, entertainment, economic development, safety, environmental
1-20 protection, land and natural resource conservation, and the public
1-21 welfare in the area within the district.
1-22 (b) By creating the district and in authorizing a
1-23 municipality, county, and other political subdivisions to contract
1-24 with the district, the legislature has established a program to
2-1 accomplish the public purposes set out in Section 52-a, Article
2-2 III, Texas Constitution.
2-3 SECTION 3. DEFINITIONS. In this Act:
2-4 (1) "Board" means the board of directors of the
2-5 district.
2-6 (2) "County" means Navarro County.
2-7 (3) "District" means the NTM Improvement District.
2-8 (4) "Municipality" means a municipality as defined in
2-9 the Local Government Code.
2-10 SECTION 4. BOUNDARIES. The district includes all of the
2-11 territory within Navarro County contained within the following
2-12 described area:
2-13 The boundaries and property description of the proposed district
2-14 are as follows:
2-15 All that certain lot, tract, or parcel of land, being 26.183 acres
2-16 situated in the Robert Caradine Survey, Abstract No. 139, in
2-17 Navarro County, Texas, and being a part of tracts conveyed to Harry
2-18 Donald Nicholson, recorded in Volume 754 Page 624 and Volume 821
2-19 Page 880 of the Deed Records of Navarro County, Texas. Said 26.183
2-20 acres tract is more fully described as follows;
2-21 Beginning at a 5/8" rod for corner, corner is in the South
2-22 right-of-way of U.S. 287 By-Pass, in the East line of said
2-23 Nicholson Tract and brs. S 31 O5' E 2061.97 feet; N 60 00' 17" E
2-24 2094.48 feet; S 32 47' 48" E 2061.97 feet; N 58 15' E 200 feet;
2-25 and S 30 48' 57" E 1007.09 feet from the most Northerly Northeast
2-26 corner of the Nicholson tract;
2-27 Thence S 38 48' 50" E 1270.91 feet to a T.Bar for corner in the
3-1 North right-of-way of U.S.287;
3-2 Thence with the North line of said highway as follows; N 74 31' W
3-3 147.45 feet; S 15 29' W 5 feet; and N 74 31' W 2465.47 feet to a
3-4 5/8" rod for corner;
3-5 Thence N 0 37' W 89.36 feet to a 5/8" rod for corner in the South
3-6 line of 287 By-Pass;
3-7 Thence with the curve of the South line of the by-pass which has a
3-8 radius of 5804.57 feet, Length of 1902.32 feet, and a Long Cord
3-9 that brs. N 80 35' 48" E 1893.86 feet to the place of beginning
3-10 containing 26.183 acres of land.
3-11 All that certain lot, tract, or parcel of land, being 32.905 acres
3-12 situated in the Robert Caradine Survey, Abstract No. 139, in
3-13 Navarro County, Texas, and being a part of the tract described in
3-14 Volume 754 Page 624 and Volume 821 Page 880 of the Deed Records of
3-15 Navarro County, Texas. Said 32.905 acres are more fully described
3-16 as follows;
3-17 Beginning at a 1" pipe for corner, corner is N 31 45' W 13 feet
3-18 from the most Easterly Southeast corner of the tract described in
3-19 Volume 754 Page 624 and at an "L" corner in the North portion of
3-20 the tract described in Volume 821 Page 880 of the Deed Records of
3-21 Navarro County, Texas;
3-22 Thence with the North line of the tract in Volume 821 Page 880 N
3-23 56 57' 27" E 559.30 feet and N 56 43' E 85.8 feet to a 5/8" rod
3-24 for corner at Elevation 315 contour of the Richland Creek Lake;
3-25 Thence with the 315 contour of said lake as follows; S 1 25' W
3-26 15.6 feet; S 69' W 35 feet; S 56 W 10 feet; S 4 E 30 feet; S 54
3-27 E 20 feet; N 12 W 20 feet; N 73 E 35 feet; S 59 E 15 feet; S 23
4-1 W 20 feet; S 54 E 30 feet; S 10 E 30 feet; S 55 E 50 feet; S 34
4-2 E 120 feet; S 25 E 120 feet; S 14 E 50 feet; S 4 W 80 feet; S
4-3 21 E 80 feet; S 6 W 70 feet; S 8 W 235 feet; S 22 W 80 feet; S
4-4 30 W 70 feet; S 1 E 55 feet; S 16 W 50 feet; S 33 W 40 feet; S
4-5 46 W 40 feet; S 55 W 35 feet; S 86 W 40 feet; N 82 W 90 feet; N
4-6 56 W 80 feet; N 35 W 110 feet; S 64 W 30 feet; N 88 W 120 feet;
4-7 N. 69 W 135 feet; S 76 W 30 feet; S 25 W 25 feet; S 33 W 25
4-8 feet; S 44 W 30 feet; S 61 W 75 feet; N 82 W 100 feet; N 63 W
4-9 20 feet; N 30 W 65 feet; S 89 W 50 feet; N 43 W 30 feet; N 9 W
4-10 20 feet; N 20 W 120 feet; N 21 04' E 87 feet; N 34 E 100 feet; N
4-11 19 E 70 feet; North 55 feet; N 16 W 90 feet; N 1 W 45 feet; N
4-12 35 W 30 feet; S 60 W 110 feet to a stake for corner below dam at
4-13 elevation 315 contour;
4-14 Thence N 12 49' W 161.4 feet to a stake at Elevation 320 contour
4-15 of lake;
4-16 Thence with the 320 contour as follows; S 87 W 95 feet; N 73 W 55
4-17 feet; N 65 W 45 feet; N 45 W 60 feet; N 31 W 80 feet; N 8 W 160
4-18 feet; N 13 W 100 feet; N 4 W 80 feet; N 40 W 40 feet; N 33 W
4-19 200 feet; N 40 W 50 feet; N 19 W 50 feet; N 1 E 30 feet; N 12 E
4-20 45 feet; N 22 E 50 feet; N 35 E 30 feet; N 53 41' E 119.11 feet;
4-21 N 55 E 55 feet; N 41 E. 50 feet; N. 17 E 40 feet; N.21 W 30
4-22 feet; N 45 W 30 feet; N 30 W 35 feet; N 1 08' W 45.6 feet; N 50
4-23 51' W 37.2 feet to a 5/8" rod for corner in the South right-of-way
4-24 of U.S. Highway No. 287;
4-25 Thence S. 74 24' E 29.4 feet with said right-of-way to a 5/8" rod
4-26 for corner;
4-27 Thence S 31 34' 44" E 1409.10 feet to the place of beginning
5-1 containing 32.905 acres of land. There is also about 2.095 acres
5-2 between the 315 Elevation Contour and the 320 Elevation contour in
5-3 the private lake that is to revert back to Nicholson in the event
5-4 that the lake is drained, and this should be about 35.000 acres of
5-5 land.
5-6 All that certain lot, tract, or parcel of land, being 0.663 acres
5-7 situated in the Robert Caradine Survey, Abstract No. 139, in
5-8 Navarro County, Texas, and being within the boundaries of the
5-9 tracts conveyed to Harry Donald Nicholson, recorded in Volume 754
5-10 Page 624 and Volume 821, Page 880 of the Deed Records of Navarro
5-11 County, Texas. Said 0.663 acres are more fully described as
5-12 follows;
5-13 Beginning at a T-Bar for corner, said corner brs. N. 74 31' W 200
5-14 feet from the intersection of the South line of U.S. Highway No.
5-15 287 and the East line of the Nicholson Tract, corner is in the
5-16 South right-of-way of U.S. Highway No. 287;
5-17 Thence S 17 59' W 129.0 feet to a T-Bar for corner;
5-18 Thence N 77 03' W 212.5 feet to a T-Bar for corner;
5-19 Thence N 12 48' 44" E 137.04 feet to a T-Bar for corner in the
5-20 South right-of-way of U.S. Highway No. 287;
5-21 Thence S 74 31' E 224.7 feet to the place of beginning containing
5-22 0.663 acres of land.
5-23 All that certain lot, tract, or parcel of land, being 186.635 Acres
5-24 situated in the Robert Caradine Survey Abstract No. 139,in Navarro
5-25 County, Texas. 186.635 acres is apart of the tracts conveyed, to
5-26 Harry Donald Nicholson by deed recorded in Volume 754, Page 821 and
5-27 Volume 821, Page 880 of the Deed Records of Navarro County, Texas.
6-1 Said 186.635 Acres are more fully described as follows:
6-2 Beginning at a 5/8" rod for corner, set by Tarrant County, corner
6-3 is in the West line of the Nicholson tract and brs. N 31 04' W
6-4 3990.6 feet, S 75 W 87.4 feet and N 30 23' W 3091.1 feet from the
6-5 Southwest corner of Nicholson tract, corner is also at Elevation
6-6 315 contour of lake;
6-7 Thence N 30 23' W 3725.33 feet to a 5/8" rod for corner in the
6-8 West line of said tract and at Elevation 315 of lake:
6-9 Thence, with the meanders of the 315 Lake contour as follows; S 47
6-10 30' E 9.1 feet; N 83 27' E 36 feet; N 72 01' E 19.10 feet; S 88
6-11 03' E 24.5 feet; S 53 11' E 35.1 feet; S 36 E 40 feet; S 20 E 50
6-12 feet; S 57 E 60 feet; S 70 E 40 feet; S 12 E 40 feet; N 86 E 45
6-13 feet; S 57 E 75 feet; N 87 E 25 feet; N 47 E 70 feet; N 79 E 25
6-14 feet; S 26 E 80 feet; S 75 E 30 feet; N 35 E 65 feet; N 73 E 20
6-15 feet; S 48 E 20 feet; S 4 E 40 feet; S 34 W 55 feet; S 14 E 30
6-16 feet; S 71 E 65 feet; S 42 E 35 feet; S 12 E 30 feet; N 24 E 80
6-17 feet; N 89 E 25 feet; N 72 E 140 feet; N 74 E 80 feet; S 87 E
6-18 20 feet; N 53 E 35 feet; N 76 E 30 feet; S 61 E 30 feet; S 33 E
6-19 20 feet; S 54 E 30 feet; N 89 E 75 feet; S 12 W 30 feet; S 31 E
6-20 25 feet; S 57 E 55 feet; S 12 E 50 feet; S 28 E 70 feet; S 5 W
6-21 30 feet; S 71 E 25 feet; S 20 E 25 feet; N 71 E 50 feet; East 30
6-22 feet; S 14 W 25 feet; S 66 E 20 feet; S 4 W 20 feet; S 24 E 35
6-23 feet; S 17 W 25 feet; S 65 W 30 feet; S 85 E 40 feet; S 8 E 45
6-24 feet; S 25 W 30 feet; N 58 E 45 feet; N 60 E 110 feet; S 76 E
6-25 80 feet; S 49 E 20 feet; S 53 W 75 feet; N 76 E 60 feet; S. 15
6-26 E 40 feet; N 14 E 35 feet; N 70 E 20 feet; S 44 E 20 feet; S 1
6-27 W 30 feet; S 26 E 50 feet; S 26 W 30 feet; S 56 E 20 feet; N 64
7-1 E 60 feet; S 88 E 190 feet; S 68 E 70 feet; S 64 E 70 feet; S
7-2 85 E 50 feet; N. 78 E 50 feet; S 87 E 120 feet; S 65 E 70 feet;
7-3 S 56 E 100 feet; S 66 E 35 feet; S 53 E 50 feet; S 68 E 30
7-4 feet; S 50 E 50 feet; S 37 E 40 feet; S 60 E 50 feet; S 12 E 60
7-5 feet; S 62 W 25 feet; S 14 E 30 feet; S 71 E 40 feet; S 16 E 40
7-6 feet; S 1 E 45 feet; S 28 W 50 feet; S 63 E 20 feet; S 16 E 20
7-7 feet; S 44 E 40 feet; N 8 W 45 feet; N 16 E 100 feet; N 25 E 50
7-8 feet; N 77 E 30 feet; S 82 E 60 feet; N 8.1 E 40 feet; N 82 E
7-9 80 feet; S 59 E 110 feet; East 25 feet; N 18 E 70 feet, N 41 E
7-10 70 feet; N 56 E 70 feet; N 68 E 45 feet; N 87 E 30 feet; N 50 E
7-11 45 feet; N 83 E 60 feet; N 67 E 65 feet; N 78 E 110 feet; S 50
7-12 E 40 feet; N 35 E 35 feet; S 80 E 30 feet; S 39 E 80 feet; N 76
7-13 E 15 feet; N 32 W 30 feet; N 13 E 45 feet; N 79 E 25 feet; S 60
7-14 E 45 feet; S 40 E 40 feet; N 37 E 40 feet; S 65 E 30 feet; N 87
7-15 E 65 feet; N 89 E 80 feet; S 44 E 70 feet; N 27 W 15 feet; N 28
7-16 E 55 feet; N 72 E 30 feet; S 82 E 85 feet; S 50 E 30 feet; N 76
7-17 E 25 feet; S 57 E 55 feet, N 56 E 85 feet; N 86 E 35 feet; S 66
7-18 E 70 feet; S 86 E 25 feet; S 80 E 20 feet; S 74 E 80 feet; East
7-19 35 feet; S 64 E 80 feet; S 51 E 50 feet; S 77 E 20 feet; N 81 E
7-20 30 feet; S 67 E 90 feet; S 87 E 125 feet; S 61 E 90 feet; S 33
7-21 E 40 feet; S 59 E 45 feet; S 58 E 60 feet; S 19 E 35 feet; S 17
7-22 W 105 feet; S 25 E 95 feet; N 75 E 20 feet; S 66 E 80 feet; N
7-23 44 E 150 feet; East 30 feet; S 64 E 70 feet; S 55 E 40 feet; S
7-24 41 E 40 feet; N 83 E 35 feet; S 74 E 30 feet; S 62 E 300 feet;
7-25 S 52 E 190 feet; S 46 E 320 feet; S 56 E 30 feet; S 79 E 55
7-26 feet; N 11 W 35 feet; N 30 E 60 feet; N 44 E 70 feet; N 55 E
7-27 100 feet; N 67 E 125 feet; N 57 E 40 feet; N 75 E 20 feet; N 88
8-1 E 85 feet; S 51 E 50 feet; S 22 E 80 feet; S 57 E 50 feet; S 32
8-2 E 35 feet; N 58 E 80 feet; N 41 E 70 feet; N 72 E 30 feet; S 80
8-3 E 55 feet; S 63 E 80 feet; S 43 E 45 feet; S 31 E 110 feet; N
8-4 88 E 50 feet; S 23 E 45 feet; S 76 E 20 feet; S 5 W 40 feet; N
8-5 27 E 5O feet; N 48 E 160 feet; N 73 E 40 feet; S 81 E 80 feet;
8-6 S 53 E 220 feet; S 59 E 70 feet; North 20 feet; S 66 E 55 feet;
8-7 S 70 E 110 feet; S 76 E 150 feet; S 94 E 50 feet; S 48 E 50
8-8 feet; S 28 E 50 feet S 19 E 95 feet; S 48 E 90 feet; S 36 E 110
8-9 feet; S 28 E 70 feet; S 1 W 40 feet; S 13 E 100 feet; S 69 E 30
8-10 feet; N 88 E 35 feet; N 72 E 55 feet; N 60 E 70 feet; N 52 E 70
8-11 feet; N 42 E 80 feet; N 51 E 50 feet; N 62 E 200 feet; N 88 E
8-12 70 feet; S 89 43' E 40.3 feet; and 34 15' E. 19.6 feet to a 5/8"
8-13 rod for corner in one of the East lines of said tract;
8-14 Thence S. 8 43' W 351.43 feet and S 9 46' W 710.7 feet to a 5/8"
8-15 rod for corner;
8-16 Thence S. 59 48' W 438.77 feet to a 5/8" rod for corner at
8-17 Elevation 315 of Lake;
8-18 Thence with the meanders of the 315 contour of Lake as follows: N
8-19 12 45' E 42.1 feet; N 31 50' E 42.8 feet; N 17 35' E 57.3 feet;
8-20 N 4 50' W 79.9 feet; N 28 W 130 feet; N 17 W 120 feet; N 2 E
8-21 125 feet; N 27 W 40 feet; N 70 W 40 feet, N 45 W 60 feet; S 44
8-22 W 30 feet; S 8 W 50 feet; S 36 W 50 feet; S 70 W 40 feet; N 88
8-23 W 45 feet; N 60 W 40 feet; N 44 W 140 feet; N 37 W 130 feet; N
8-24 41 W 150 feet; N 38 W 120 feet; N. 31 W 120 feet; N 24 W 90
8-25 feet; N 16 E feet; N 71 W 75 feet; N 86 W 25 feet; S 28 E 30
8-26 feet; S 72 W 20 feet; S 88 W 145 feet; N 86 W 60 feet; N 79 W
8-27 135 feet; N 87 W 70 feet; S 85 W 40 feet; N 86 W 70 feet; S 88
9-1 W 80 feet; N 85 W 60 feet; S 83 W 20 feet; S 67 W 50 feet; S 82
9-2 W 110 feet; S 87 W 50 feet; N. 84 W 50 feet; N 71 W. 50 feet; N
9-3 44 W 40 feet; N 20 W 55 feet; N 26 W 45 feet; N 15 W 45 feet; N
9-4 31 W 30 feet; N 64 W 25 feet; N 65 W 60 feet; S 69 W 70 feet; S
9-5 77 W 100 feet; S 77 E 35 feet; N 84 E 35 feet; S 88 E 50 feet;
9-6 S 75 E 50 feet; S 57 E 40 feet; N 71 W 65 feet; N 86 W 50 feet;
9-7 S 89 W 50 feet; S 84 W 50 feet; S 87 W 100 feet; S 82 W 80
9-8 feet; N. 89 W 70 feet; N 77 W 80 feet; N 66 W 80 feet; N 50 W
9-9 140 feet; N 53 W 45 feet; N 50 W 200 feet; N 42 W 70 feet; N 25
9-10 W 135 feet; N 34 W 40 feet; N 40 W 50 feet; N 66 W 35 feet; S
9-11 84 W 60 feet; S 86 W 100 feet; N 77 W 110 feet; N 72 W 60 feet;
9-12 N 63 W 120 feet; N 36 W 110 feet; N 69 W 15 feet; West 25 feet;
9-13 S 54 W 150 feet; S 63 W 30 feet; S 82 W 20 feet; S 71 W 45
9-14 feet; S 78 W 90 feet; N 89 W 80 feet; S 71 W 25 feet; S 77 W 80
9-15 feet; N 87 W 60 feet; S 61 W 40 feet; S 79 W 50 feet; N 46 W 40
9-16 feet; S 11 W 30 feet; S 59 W 10 feet; N 57 W 35 feet; N 84 W 15
9-17 feet; N 45 W 55 feet; S 5 W 40 feet; S 60 W 90 feet; S 68 W 100
9-18 feet; S 75 W 90 feet; N 86 W 125 feet; N 46 W 25 feet; N 8 W 25
9-19 feet; N 48 W 20 feet; S 49 W 175 feet; S 66 W 25 feet; N 86 W
9-20 295 feet; S 79 W 40 feet; S 66 W 250 feet; S 54 W 50 feet; N 75
9-21 W 30 feet; S 50 W 30 feet; S 63 W 85 feet; N 79 W 40 feet; S 60
9-22 W 85 feet; S 76 W 50 feet; S 67 W 50 feet; S 72 W 60 feet; S 73
9-23 W 45 feet; West 100 feet; S 75 W 70 feet; N 88 W 90 feet; N 34 W
9-24 50 feet; N 11 W 50 feet; N 29 W 90 feet; S 41 W 20 feet; S 3
9-25 feet; S 10 E 50 feet; S 17 feet; S 29 W 60 feet; S 79 W 35 feet;
9-26 S 20 W 15 feet; S 48 W 70 feet; East 60 feet; N 47 E 40 feet; S
9-27 70 E 20 feet; S 28 E 20 feet; S 63 E 180 feet; S 56 E 40 feet;
10-1 S 76 E 50 feet; S 57 E 45 feet; S 74 E 120 feet; S 54 E 50
10-2 feet; S 31 E 40 feet; S 6 E 70 feet; S 27 W 90 feet; S 16 W 50
10-3 feet; S 46 W 40 feet; S 26 W 40 feet; S.39 W 70 feet; S 48 W.70
10-4 feet; S 34 W 50 feet; S 51 W 140 feet; S 77 W 65 feet; N 83 W
10-5 25 feet; S 69 W 70 feet; S 48 W 20 feet; S 61 W 50 feet; S 79 W
10-6 40 feet; S 75 W 60 feet; and S 65 39' W 30.7 feet to the place of
10-7 beginning containing 186.635 Acres of land.
10-8 All that certain lot, tract, or parcel of land, being 258.743 acres
10-9 situated in the Robert Caradine Survey, Abstract No. 139, in
10-10 Navarro County, Texas, and being a part of tracts conveyed to Harry
10-11 Donald Nicholson, recorded in Volume 754 Page 624 and Volume 821
10-12 Page 880 of the Deed Records of Navarro County, Texas. Said 258.743
10-13 acres are more fully described as follows;
10-14 Beginning at a T-Bar for corner, corner is in the Northeast corner
10-15 of the Nicholson Tract and in the county road;
10-16 Thence S 31 05' E 1733 feet to a 5/8" rod for corner in an "L"
10-17 corner in said tract;
10-18 Thence N 60 00' 17" E 2094.48 feet to a 5/8" rod for corner at one
10-19 of the Northeast corners of said tract;
10-20 Thence S 32 47' 48" E 2061.97 feet to a 5/8" rod for corner;
10-21 Thence N 58 15' E 200 feet to a 5/8" rod for corner;
10-22 Thence S 30 48' 57" E 853.63 feet to a 5/8" rod for corner in the
10-23 North right-of-way of 287 By-Pass;
10-24 Thence with the curve of the North right-of-way which has a length
10-25 of 3350.89 feet, a radius of 5654.58 feet, and a Degree of 1 00'
10-26 45" to a 5/8" rod for corner;
10-27 Thence N 81 38' 06" W 201.5 feet to a 5/8" rod for corner;
11-1 Thence with the old right-of-way of U.S.287 as follows; N 74 31' W
11-2 57.91 feet; N 15 29' E 5 feet; N 74 31' W 300 feet; S 15 29' W 5
11-3 feet; and N 74 31' W 2447.07 feet to a T-Bar for corner in the
11-4 West line of a county road;
11-5 Thence N 31 00' 20" W 935 feet to a point in a county road for
11-6 corner at the Northwest corner of the Nicholson Tract, and a 5/8"
11-7 rod brs. S 31 00' 20" E at 23 feet;
11-8 Thence N 59 55' 06" E 2603 feet with road and the North line of
11-9 the Nicholson Tract to the place of beginning containing 258.743
11-10 acres of land.
11-11 All that certain lot, tract, or parcel of land, being 369.167 acres
11-12 situated in the Robert Caradine Survey Abstract No. 139, in Navarro
11-13 County, Texas, and being a part of two tracts described in
11-14 conveyance to Harry Donald Nicholson, recorded in Volume 754, Page
11-15 and Volume 821, Page 880, both deeds are recorded in the Deed
11-16 Records of Navarro County, Texas. Said 369.167 acres are more
11-17 fully described as follows:
11-18 Beginning at a 5/8" rod for corner in the West line of the
11-19 Nicholson tract and brs. S 31 00' 20" E 1077 feet from the
11-20 Northwest corner of said tract, corner is also in the South
11-21 right-of-way of U.S. Highway No. 287;
11-22 Thence with the South line of highway S 74 31' E 2338.29 feet; S
11-23 15 29' W 5 feet; S 74 31' E 300 feet; N 15 29' E 5 feet; and S
11-24 74 31' E 4567.49 feet to a 5/8" rod for corner in one of the East
11-25 lines of the Nicholson tract;
11-26 Thence S 31 34' 44" E 1409.1 feet to a T-bar for corner at the
11-27 Southwest corner of the Spain tract:
12-1 Thence N 56 57' 27" E 559.30 feet and N 56 43' E 85.9 feet to a
12-2 5/8" rod for corner at Elevation 315 contour of lake;
12-3 Thence with the meanders of the 315 contour of Lake as follows: S
12-4 1 25' W 15; 6 feet; S 69 W 35 feet; S 56 E 10 feet; S 04 E 30
12-5 feet; N 54 E 20 feet; N 12 W 20 feet; N 73 E 35 feet; S 69 E 15
12-6 feet; S 23 W 20 feet; S 54 E 30 feet; S 10 E 30 feet; S 56 E 50
12-7 feet; S 34 E 120 feet; S 25 E 120 feet; S 14 E 60 feet; S 04 W
12-8 80 feet; S 31 W 40 feet; S 06 W 70 feet; S 08 W 235 feet; S 22
12-9 W 90 feet; S 30 W 70 feet; S 01 E 65 feet; S 16 W 60 feet; S 33
12-10 W 40 feet; S 46 W 40 feet; S 55 W 35 feet; S 86 W 40 feet; N 82
12-11 W 90 feet; N 66 W 80 feet; N 35 W 110 feet; S 64 W 30 feet; N
12-12 88 W 120 feet; N 69 W 135 feet; S 76 W 30 feet; S 25 W 25 feet;
12-13 S 33 W 25 feet; S 44 W 30 feet; S 61 W 25 feet; N 82 W 100
12-14 feet; N 63 W 20 feet; N 30 W 65 feet; S 89 W 20 feet; N 43 W 20
12-15 feet; N 09 W 20 feet; N 20 W 120 feet; N 34 E 100 feet; N 19 E
12-16 70 feet; North 55 feet; N 16 W 90 feet; N 01 W 45 feet; N 35 W
12-17 30 feet; S 60 W 40 feet; S 75 W 85 feet; S 65 W 30 feet; S 54 W
12-18 60 feet; S 42 W 160 feet; S 57 W 70 feet; S 66 W 100 feet; S 70
12-19 W 65 feet; S 02 W 5O feet; S O5 W 20 feet; S 17 W 50 feet; S 36
12-20 W 35 feet; S 59 W 75 feet; S 75 W 70 feet; N 82 W 60 feet; N 64
12-21 W 70 feet; N 58 W 40 feet; N 46 W 45 feet; N 79 W 35 feet; S 61
12-22 W 60 feet; N 87 W 65 feet; N 76 W 100 feet; N 80 W 145 feet; N
12-23 63 W 50 feet; S 35 W 55 feet; S 78 W 50 feet; S 61 W 135 feet;
12-24 N 84 W 80 feet; S 75 W 45 feet; N 81 W 30 feet; S 58 W 45 feet;
12-25 S 73 W 30 feet; N 84 W 30 feet; S 64 W 20 feet; N 51 W 25 feet;
12-26 N 77 W 25 feet; N 45 W 25 feet; N.73 W 40 feet; N 27 W 40 feet;
12-27 N 58 W 30 feet; N 39 W 40 feet; N 23 W 115 feet; N 28 W 55
13-1 feet; N 46 W 30 feet; N 25 W 20 feet; N 02 E 20 feet; N 44 W 30
13-2 feet; N 10 W 45 feet; N 18 W 25 feet; N 53 W 30 feet; N 33 W 30
13-3 feet; N 03 E 30 feet; N 32 E 45 feet; N 17 E 45 feet; N 37 W 35
13-4 feet; N 72 W 30 feet; S 64 W 50 feet; N 75 W 20 feet; S 77 W 25
13-5 feet; N 74 W 20 feet; N 09 W 45 feet; N 77 W 30 feet; N 53 W 75
13-6 feet; N 31 W 25 feet; S 13 E 60 feet; S 02 E 80 feet; S 46 E 20
13-7 feet; S 79 E 35 feet; N 66 E 35 feet; N 74 E 40 feet; N 85 E 55
13-8 feet; N 64 E 35 feet; S 57 E 20 feet; S 24 W 20 feet; S 80 W 55
13-9 feet; S 87 E 45 feet; S 55 E 20 feet; S 22 W 15 feet; S 54 W 25
13-10 feet; S 89 W 20 feet; N 60 W 30 feet; S 14 W 40 feet; S 65 W 20
13-11 feet; N 44 W 50 feet; S 57 W 30 feet; S 09 W 25 feet; S 38 E 50
13-12 feet; S 65 E 80 feet; S 41 E 30 feet; S 18 W 40 feet; S 29 E 30
13-13 feet; S 07 W 50 feet; S 24 E 20 feet; S 89 E 35 feet; S 29 E 20
13-14 feet; S 02 E 40 feet; S 08 W 135 feet; S 15 W 70 feet; S 37 W
13-15 60 feet; S 60 W 155 feet; N 88 W 20 feet; S 59 W 35 feet; S 84
13-16 W 35 feet; N 68 W 45 feet; S 33 W 20 feet; S 74 W 20 feet; N 81
13-17 W 35 feet; S 83 W 70 feet; N 88 W 55 feet; N 80 W 60 feet; N 73
13-18 W 70 feet; N 64 W 25 feet; N 32 W 35 feet; S 71 W 45 feet; N 82
13-19 W 25 feet; N 50 W 60 feet; N 42 W 35 feet; N 13 W 30 feet; N 02
13-20 W 100 feet; N 12 W 45 feet; N 01 W 35 feet; S 80 W 25 feet; N
13-21 66 W 50 feet; S 42 E 70 feet; S 03 E 85 feet; S 44 W 25 feet; N
13-22 07 W 35 feet; N 72 W 20 feet; S 30 W 35 feet; S 04 E 30 feet; S
13-23 21 E 30 feet; S 25 W 20 feet; S 59 W 45 feet; S 85 W 20 feet; N
13-24 30 W 30 feet; S 41 W 60 feet; S 71 W 45 feet; N 41 W 25 feet; N
13-25 17 W 95 feet; N 39 W 45 feet; S 12 E 110 feet; S 23 W 40 feet;
13-26 S 57 W 35 feet; N 87 W 60 feet; S 79 W 70 feet; N 56 W 40 feet;
13-27 S 37 W 35 feet; S 78 W 25 feet; N 68 W 35 feet; N 82 W 175
14-1 feet; N 01 W 15 feet; N 34 W 15 feet; S 89 W 55 feet; N 58 W 20
14-2 feet; N 70 W 30 feet; N 38 W 35 feet; N 53 W 25 feet; N 75 W 55
14-3 feet; N 63 W 50 feet; N 21 W 35 feet; N 50 W 50 feet; N 64 W
14-4 100 feet; N 51 W 50 feet; N 26 W 35 feet; N 15 W 75 feet; N 05
14-5 W 115 feet; N 27 W 70 feet; N 45 W 35 feet; N 23 W 50 feet; N
14-6 12 E 15 feet; N 84 E 40 feet; N 68 E 30 feet; N 87 W 60 feet; N
14-7 78 W 50 feet; S 86 W 45 feet; S 24 E 25 feet; S 85 W 120 feet;
14-8 N 65 W 45 feet; N 05 W 45 feet; N 22 E 75 feet; N 17 W 30 feet;
14-9 N 53 W 75 feet; N 02 W 40 feet; N 37 E 50 feet; N 30 E 35 feet;
14-10 N 10 E 40 feet; S 33 W 45 feet; S 40 W 30 feet; S 58 W 40 feet;
14-11 N 66 W 65 feet; N 51 W 30 feet; N 67 W 30 feet; N 50 W 30 feet;
14-12 N 59 W 80 feet; N 11 W 30 feet; N 24 E 30 feet; N 13 E 25 feet;
14-13 N 32 W 90 feet; N 27 W 130 feet; N 41 W 25 feet; S 12 E 40
14-14 feet; S 07 E 25 feet; S 51 W 30 feet; S 84 W 25 feet; N 67 W 45
14-15 feet; N 55 W 95 feet; N 88 W 30 feet; S 68 W 40 feet; S 80 W 55
14-16 feet; N 55 W 25 feet; N 06 W 55 feet; N 32 W 95 feet; N 60 W 40
14-17 feet; N 54 W 20 feet; N 30 W 25 feet; N 11 E 15 feet; N 42 W 20
14-18 feet; N 03 W 110 feet; N 34 W 50 feet; N 20 W 30 feet; N 79 W
14-19 30 feet; N 52 W 35 feet; N 39 W 40 feet; N 02 E 35 feet; N.50 E
14-20 120 feet; N 39 E.65 feet; N 20 E 45 feet; N.11 W 85 feet; N 07
14-21 W 65 feet; S 55 W 25 feet; S 22 W 30 feet; S 05 W 125 feet; S
14-22 21 W 50 feet; S 47 W 80 feet; S 38 W 50 feet; S 13 W 45 feet; S
14-23 30 E 30 feet; S 45 E 45 feet; S 60 E 80 feet; S 40 E 40 feet; S
14-24 01 W 125 feet; S 20 E 45 feet; S 42 E 60 feet; S 60 E 40 feet;
14-25 S 10 E 25 feet; S 34 E 30 feet; S 07 E 40 feet; S 40 E 40 feet;
14-26 S 65 E 20 feet; N 83 E 40 feet; N 68 E 45 feet; N 87 E 30 feet;
14-27 S 54 E 145 feet; S 67 E 40 feet; N 68 E 25 feet; S 59 E 40
15-1 feet; S 25 E 35 feet; S 24 W 55 feet; S 07 E 50 feet; S 53 W.50
15-2 feet; S 02 W 45 feet; S 34 E 50 feet; S 53 E 25 feet; N 84 E 20
15-3 feet; N 55 E 40 feet; N 86 E 40 feet; S 78 E 40 feet; S 51 E 40
15-4 feet; S 37 E 40 feet; S 05 E 55 feet; S 32 W 20 feet; S 73 W 25
15-5 feet; N 76 W 35 feet; N.58 W 25 feet; N 66 W 35 feet; S 37 E 50
15-6 feet; S 11 E 70 feet; S 63 E 60 feet; N 82 E 100 feet; S 15 W
15-7 40 feet; S 60 E 40 feet; S 48 E 65 feet; S 78 E 80 feet; S 83 E
15-8 100 feet; S 35 E 45 feet; S 13 E 130 feet; S 44 W 30 feet; N 62
15-9 W 95 feet; West 25 feet; S 56 W 30 feet; S 74 W 40 feet; S 09 E
15-10 80 feet; S 44 W 30 feet; West 30 feet; N 28 W 50 feet; S 76 W 30
15-11 feet; N 71 W 60 feet; S 25 W 60 feet; S 03 W 55 feet; S 45 W 30
15-12 feet; N 82 W 35 feet; S 79 W 30 feet; S 70 W 50 feet; West 15
15-13 feet; N 15 W 35 feet; N 13 E 35 feet; N 37 W 40 feet; N 55 W 40
15-14 feet; S 89 W 35 feet; S 42 W 30 feet; West 20 feet; N 63 W 75
15-15 feet; N 86 W 20 feet; S 30 W 50 feet; S 56 W 45 feet; N 62 W 70
15-16 feet; S 87 W 25 feet; N 27 W 35 feet; N 62 W 105 feet; N.18
15-17 W.45 feet; N.43 W 65 feet; N 63 W 40 feet; N 74 56' W.10.1 feet;
15-18 S 60 15' W 19.5 feet; S 72 39' W 29.2 feet; and N 74 46' W.15.8
15-19 feet to a 5/8" rod for corner in the West line of the Nicholson
15-20 tract:
15-21 Thence with the West line of said tract N.30 23' W 1121.17 feet
15-22 and N 31 00' 20 W 2799 feet to the place of beginning containing
15-23 369.167 acres of land, which includes a 2.311 acres and a 0.1359
15-24 acre tract for temporary easement to State of Texas for temporary
15-25 road, save and except 0.663 acre fenced out that brs. N 74 31' W
15-26 200 feet from Northeast corner of the above-described tract and a
15-27 13.47 acre tract conveyed to Tarrant County Water Improvement
16-1 District No. 1.
16-2 SECTION 5. FINDINGS RELATING TO BOUNDARIES. The boundaries
16-3 and field notes of the district form a closure. If a mistake is
16-4 made in the field notes or in copying the field notes in the
16-5 legislative process, it does not affect the district's:
16-6 (1) organization, existence, or validity;
16-7 (2) right to issue any type of bond for the purposes for
16-8 which the district is created or to pay the principal of and
16-9 interest on a bond;
16-10 (3) right to impose or collect taxes; or
16-11 (4) legality of operation.
16-12 SECTION 6. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) All
16-13 the land and other property included in the district will be
16-14 benefitted by the improvements and services to be provided by the
16-15 district under powers conferred by Sections 52 and 52-a, Article
16-16 III, and Section 59, Article XVI, Texas Constitution, and other
16-17 powers granted under this Act, and the district is created to serve
16-18 a public use and benefit.
16-19 (b) The creation of the district is in the public interest
16-20 and is essential to:
16-21 (1) further the public purposes of the development and
16-22 diversification of the economy of the state; and
16-23 (2) eliminate unemployment and underemployment and
16-24 develop or expand transportation and commerce.
16-25 (c) The district will:
16-26 (1) promote the health, safety, and general welfare of
16-27 residents, employers, employees, visitors, tourists, consumers in
17-1 the district, and the general public;
17-2 (2) provide needed funding to preserve, maintain, and
17-3 enhance the economic health and vitality of the area within the
17-4 district as a community and tourism and business center;
17-5 (3) further promote the health, safety, welfare, and
17-6 enjoyment of the public by providing pedestrian ways and by
17-7 landscaping and developing certain areas in the district, which are
17-8 necessary for the restoration, preservation, and enhancement of
17-9 scenic and aesthetic beauty;
17-10 (4) further the public purpose of developing and
17-11 diversifying the economy of this state by providing incentives for
17-12 the location and development of facilities and projects to attract
17-13 visitors and tourists; and
17-14 (5) conserve the natural resources of the state by
17-15 engaging in environmental protection and mitigation within and
17-16 without the boundaries of the district and by protecting streams.
17-17 (d) Pedestrian ways along or across a street, whether at
17-18 grade or above or below the surface, and street lighting, street
17-19 landscaping, and street art objects are parts of and necessary
17-20 components of a street and are considered to be a street or road
17-21 improvement.
17-22 (e) The district will not act as the agent or
17-23 instrumentality of any private interest even though many private
17-24 interests will be benefitted by the district, as will the general
17-25 public.
17-26 SECTION 7. GENERAL POWERS AND PURPOSES. (a) Except as
17-27 provided by this Act, the district has all of the purposes, rights,
18-1 powers, privileges, authority, and functions conferred on county
18-2 development districts by Chapter 383, Local Government Code, and by
18-3 the general laws of the state on conservation and reclamation
18-4 districts created under Section 59, Article XVI, Texas
18-5 Constitution, and operating under Chapters 49, 54, 60 and 62, Water
18-6 Code, and on road districts and road utility districts created
18-7 pursuant to Section 52, Article III, Texas Constitution, including
18-8 those conferred by Chapter 54, Water Code, together with the
18-9 additional rights, powers, privileges, authority, and functions
18-10 contained in this Act.
18-11 (b) If any provision of the general law is in conflict or
18-12 inconsistent with this Act, this Act prevails. Any general law
18-13 which supplements the power and authority of the district, to the
18-14 extent not in conflict or inconsistent with this Act, is adopted
18-15 and incorporated by reference.
18-16 (c) Subchapters B and C of Chapter 383, Local Government
18-17 Code, and Sections 383.084 and 383.102 through 383.105, 383.111,
18-18 and 383.122, Local Government Code, and Section 352.107, Tax Code,
18-19 do not apply to the district.
18-20 SECTION 8. ADDITIONAL POWERS OF DISTRICT. (a) The district
18-21 may levy, assess, and apply the proceeds from an ad valorem tax on
18-22 taxable property within the district, for the district's purposes,
18-23 including without limitation a tax for the maintenance and
18-24 operation of the district and the improvements constructed or
18-25 acquired by the district or for the provision of services by the
18-26 district.
18-27 (b) The district may levy, assess, and apply the proceeds
19-1 from a limited sales and use tax, as provided by this Act, for the
19-2 district's purposes.
19-3 (c) The district may impose, collect, and apply the proceeds
19-4 from a hotel occupancy tax, as provided by this Act, for the
19-5 district's purposes.
19-6 (d) The district has the power to provide for general
19-7 promotion and tourist advertising of the district and its vicinity
19-8 and to conduct a marketing program to attract visitors and
19-9 tourists, any of which may be conducted by the district pursuant to
19-10 contracts for professional services with persons or organizations
19-11 selected by the district.
19-12 (e) The district has the power to acquire, construct,
19-13 finance, develop, own, operate, maintain, and lease, as lessee or
19-14 lessor, hotels, golf courses, convention facilities, conference
19-15 centers, arenas, amphitheaters, auditoriums, exhibition halls, and
19-16 park and recreation facilities, including swimming pools and tennis
19-17 courts.
19-18 (f) The district has the power to acquire, construct,
19-19 finance, develop, own, operate, maintain, and lease, as lessee or
19-20 lessor, roads, streets, pedestrian and transportation facilities,
19-21 and utilities.
19-22 (g) The district has the power to finance and engage in
19-23 environmental protection and mitigation or improvements, to protect
19-24 streams, preserve open spaces, and to acquire and own property
19-25 within and without the boundaries of the district for such
19-26 purposes.
19-27 (h) The district shall have the power of eminent domain to
20-1 accomplish any corporate purpose of the district. The power of
20-2 eminent domain shall be exercised in accordance with Section
20-3 49.222, Water Code.
20-4 SECTION 9. LIBERAL CONSTRUCTION OF ACT. This Act shall be
20-5 liberally construed in conformity with the findings and purposes
20-6 stated in this Act.
20-7 SECTION 10. (a) The district is governed by a board of five
20-8 directors.
20-9 (b) Temporary directors serve until permanent directors are
20-10 appointed under Section 12 of this Act.
20-11 (c) Permanent directors serve staggered four-year terms.
20-12 (d) Each director must qualify to serve as director in the
20-13 manner provided by Section 49.055, Water Code.
20-14 (e) A director serves until the director's successor has
20-15 qualified.
20-16 SECTION 11. TEMPORARY DIRECTORS. The temporary board of
20-17 directors is composed of:
20-18 (1) James M. Brown, Jr.;
20-19 (2) Ed Maxon III;
20-20 (3) James Kieth Tidwell;
20-21 (4) Richard May; and
20-22 (5) Donald Nickelson.
20-23 SECTION 12. ELECTION OF DIRECTORS. (a) On the first
20-24 Saturday in May of the first even-numbered year after the year
20-25 after the effective date of this Act, an election shall be held in
20-26 the district for the election of two directors to serve two-year
20-27 terms and three directors to serve four-year terms.
21-1 (b) On the first Saturday in May of each even-numbered year
21-2 following the first election held under this section, the
21-3 appropriate number of directors shall be elected.
21-4 SECTION 13. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT. (a)
21-5 Except as provided in this section:
21-6 (1) a director may participate in all board votes and
21-7 decisions; and
21-8 (2) Chapter 171, Local Government Code, governs
21-9 conflict of interests for board members.
21-10 (b) Section 171.004, Local Government Code, does not apply
21-11 to the district. A director who has a substantial interest in a
21-12 business or charitable entity that will receive a pecuniary benefit
21-13 from a board action shall file a one-time affidavit declaring the
21-14 interest. An additional affidavit is not required if the director's
21-15 interest changes. After the affidavit is filed with the board
21-16 secretary, the director may participate in a discussion or vote on
21-17 that action if:
21-18 (1) a majority of the directors have a similar
21-19 interest in the same entity; or
21-20 (2) all other similar business or charitable entities
21-21 in the district will receive a similar pecuniary benefit.
21-22 (c) A director who is also an officer or employee of a
21-23 public entity may not participate in the discussion of or vote on a
21-24 matter regarding a contract with that same public entity.
21-25 (d) For purposes of this section, a director has a
21-26 substantial interest in a charitable entity in the same manner that
21-27 a person would have a substantial interest in a business entity
22-1 under Section 171.002, Local Government Code.
22-2 SECTION 14. LIMITED SALES AND USE TAX. (a) Without further
22-3 authorization, the district may impose a sales and use tax for the
22-4 benefit of the district by order or resolution of the board.
22-5 (b) The board may adopt, repeal, or change the rate of the
22-6 limited sales and use tax authorized by this Act without holding an
22-7 election.
22-8 (c) The provisions of Subchapters B, C, and D, Chapter 322,
22-9 Tax Code, relating to sales and use taxes for special purpose
22-10 taxing authorities shall apply to the application, collection, and
22-11 administration of a sales and use tax imposed under this Act, to
22-12 the extent not inconsistent with the provisions of this Act, and
22-13 with the same effect as if references therein to a taxing entity or
22-14 the entity area referred to the district or the area within the
22-15 boundaries of the district.
22-16 (d) A tax imposed under this Act or the repeal or change in
22-17 rate of a tax under this Act takes effect on the first day of the
22-18 first calendar quarter occurring after the expiration of the first
22-19 complete calendar quarter occurring after the date on which the
22-20 comptroller receives a copy of the order or resolution of the board
22-21 adopting, repealing, or changing the rate of the limited sales and
22-22 use tax authorized by this Act.
22-23 (e) On adoption of the tax authorized by this Act, there is
22-24 imposed a tax on the receipts from the sale at retail of taxable
22-25 items within the district at a rate not to exceed two percent, as
22-26 well as an excise tax on the use, storage, or other consumption
22-27 within the district of taxable items purchased, leased, or rented
23-1 from a retailer during the period that the tax is effective within
23-2 the district. The rate of the excise tax is the same as the rate of
23-3 the sales tax portion of the tax and is applied to the sales price
23-4 of the taxable item. With respect to a taxable service, "use" means
23-5 the derivation in the district of direct or indirect benefit from
23-6 the service.
23-7 (f) The district is entitled to examine and receive
23-8 information from the Comptroller of Public Accounts related to the
23-9 levy, assessment, and collection of sales and use taxes to the same
23-10 extent as if the district were a municipality.
23-11 SECTION 15. LIMITATION ON ADOPTION OF TAX. (a) The district
23-12 may adopt a sales and use tax only if as a result of adoption of
23-13 the tax the combined rate of all local sales and use taxes imposed
23-14 by political subdivisions having territory in the district will not
23-15 exceed two percent.
23-16 (b) If, as a result of a general purpose annexation by a
23-17 municipality of territory in the district or if a municipality is
23-18 incorporated over the territory of the district, the overlapping
23-19 local sales and use tax rates in the area in the district will
23-20 exceed two percent, the district's sales and use tax rate is
23-21 automatically reduced to a rate that when added to the combined
23-22 rate of local sales and use taxes will equal two percent, in
23-23 accordance with Section 383.106, Local Government Code.
23-24 (c) If the district's sales and use tax rate is reduced in
23-25 accordance with Subsection (b), Section 383.106(c), Local
23-26 Government Code, shall apply.
23-27 SECTION 16. USE OF SALES AND USE TAX PROCEEDS. Sales and use
24-1 taxes collected under this Act may be used only for the purposes
24-2 for which the district was created, and the district may pledge the
24-3 revenue derived from the district sales and use tax to the payment
24-4 of bonds, notes, or other obligations issued by the district.
24-5 SECTION 17. HOTEL OCCUPANCY TAX. (a) In this section,
24-6 "hotel" has the meaning assigned by Section 156.001, Tax Code.
24-7 (b) The board by order or resolution may impose a tax on a
24-8 person who, under a lease, concession, permit, right of access,
24-9 license, contract, or agreement, pays for the use or possession or
24-10 for the right to use or possess a room that is in a hotel located
24-11 in the boundaries of the district, costs $2 or more each day, and
24-12 is ordinarily used for sleeping. The tax authorized by this section
24-13 may be imposed at any rate not to exceed nine percent of the price
24-14 paid for a room in a hotel.
24-15 (c) A district by order or resolution may repeal, increase,
24-16 or decrease the rate of a tax imposed under this section. The rate
24-17 of tax imposed under this section shall be equal to or greater than
24-18 the rate of hotel occupancy tax imposed by the municipality.
24-19 (d) Except as inconsistent with this Act, Sections 352.004,
24-20 352.0041, 352.005, and 352.007, Tax Code, govern the imposition and
24-21 collection of a hotel occupancy tax authorized under this Act. A
24-22 reference in Sections 352.004, 352.0041, 352.005, and 352.007, Tax
24-23 Code, to a county, the county's officers or governing body, or the
24-24 county attorney is a reference to the district, the district's
24-25 officers or governing body, or the district's attorney, as
24-26 appropriate.
24-27 (e) The district is entitled to examine and receive
25-1 information related to the levy, assessment, and collection of
25-2 hotel occupancy taxes to the same extent as if the district were a
25-3 municipality.
25-4 SECTION 18. USE OF HOTEL OCCUPANCY TAX PROCEEDS. The
25-5 district shall apply the proceeds from a hotel occupancy tax
25-6 imposed under this Act for any of the district's purposes and for
25-7 the purposes described by Section 352.1015, Tax Code, to the extent
25-8 considered appropriate by the board. The district may pledge the
25-9 revenue derived from a hotel occupancy tax imposed under this Act
25-10 to the payment of bonds, notes or other obligations issued by the
25-11 district.
25-12 SECTION 19. BONDS AND NOTES. (a) The Board may issue bonds,
25-13 notes or other obligations in the manner provided by Chapters 49
25-14 and 54, Water Code. Any bonds secured by ad valorem taxes issued
25-15 for water, wastewater or drainage improvements shall be approved by
25-16 the Texas Natural Resource Conservation Commission in the same
25-17 manner as required by Chapters 49 and 54, Water Code.
25-18 (b) The bonds, notes or other obligations of the district
25-19 may be secured and made payable, wholly or partly, by a pledge of
25-20 any part of the net proceeds the district receives from:
25-21 (1) the sales and use tax authorized by this Act;
25-22 (2) the hotel occupancy tax authorized by this Act;
25-23 (3) repayments the district receives from a
25-24 municipality because of a required reduction of the district's
25-25 sales and use tax or hotel occupancy tax;
25-26 (4) ad valorem taxes; and
25-27 (5) revenues from district contracts, leases, and
26-1 operation of district projects and improvements.
26-2 SECTION 20. BOND AND MAINTENANCE TAX ELECTION. The district
26-3 shall not be authorized to issue bonds secured by ad valorem taxes,
26-4 or to levy an ad valorem tax for the maintenance and operation of
26-5 the district, unless approved by a majority of the electors of the
26-6 district voting at an election held for such purpose, in the same
26-7 manner provided in Chapters 49 and 54, Water Code. Section
26-8 41.001(a), Election Code, does not apply to an election held as
26-9 provided by this section. In the event of the annexation of the
26-10 district by a municipality, the municipality shall assume all debts
26-11 and obligations of the district.
26-12 SECTION 21. AGREEMENTS: GENERAL; DONATIONS, INTERLOCAL
26-13 AGREEMENTS, AND LAW ENFORCEMENT SERVICES. (a) The district may
26-14 make an agreement with or accept a donation, grant, or loan from
26-15 any person.
26-16 (b) The implementation of a project is a governmental
26-17 function or service for the purposes of Chapter 791, Government
26-18 Code.
26-19 (c) To protect the public interest, in addition to contracts
26-20 with any other entity, the district may contract with a
26-21 municipality or the county for the municipality or county to
26-22 provide law enforcement services in the district for a fee.
26-23 (d) The district is a district for purposes of Chapter
26-24 43.0751, Local Government Code, and may enter into a strategic
26-25 partnership agreement with a municipality.
26-26 SECTION 22. ECONOMIC DEVELOPMENT PROGRAMS. The board may
26-27 establish and provide for the administration of one or more
27-1 programs, including programs for making loans and grants of public
27-2 money and providing personnel and services of the district to
27-3 promote state or local economic development and to stimulate
27-4 business, commercial, and tourism activity in the district.
27-5 SECTION 23. DISBURSEMENTS OR TRANSFERS OF FUNDS. The board
27-6 by resolution shall establish the number of directors' signatures
27-7 and the procedure required for a disbursement or transfer of the
27-8 district's money.
27-9 SECTION 24. EFFECTIVE DATE. This Act takes effect
27-10 immediately if it receives a vote of two-thirds of all the members
27-11 elected to each house, as provided by Section 39, Article III,
27-12 Texas Constitution. If this Act does not receive the vote necessary
27-13 for immediate effect, this Act takes effect September 1, 2001.