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