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By: Strama H.B. No. 3532
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Pflugerville Municipal Management
District No. 1; providing authority to impose a tax and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 376, Local Government Code, is amended
by adding Subchapter H to read as follows:
SUBCHAPTER L. PFLUGERVILLE MUNICIPAL MANAGEMENT DISTRICT NO. 1
Sec. 376.501 CREATION OF DISTRICT. (a) The Pflugerville
Municipal Management District No. 1 is created as a special
district under Section 59, Article XVI, Texas Constitution.
(b) The board by resolution may change the district's name.
(c) The creation of the district is essential to accomplish
the purposes of Sections 52 and 52-a, Article III, and Section 59,
Article XVI, Texas Constitution, and other public purposes stated
in this subchapter.
Sec. 376.502 DECLARATION OF INTENT. (a) The creation of
the district is necessary to promote, develop, encourage, and
maintain employment, commerce, transportation, housing, tourism,
recreation, arts, entertainment, economic development, safety, and
the public welfare in the district.
(b) The creation of the district and this legislation are
not to be interpreted to relieve the county or the municipality from
providing the level of services, as of the effective date of this
subchapter, to the area in the district or to release the county or
the municipality from the obligations each entity has to provide
services to that area. The district is created to supplement and
not supplant the municipal or county services provided in the area
in the district.
(c) By creating the district and in authorizing the
municipality, county, and other political subdivisions to contract
with the district, the legislature has established a program to
accomplish the public purposes set out in Section 52-a, Article
III, Texas Constitution.
Sec. 376.503 DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "County" means Travis County.
(3) "District" means the Pflugerville Municipal
Management District No. 1.
(4) "Municipality" means the City of Pflugerville.
(5) "Utility" means a person that provides to the
public gas, electricity, telephone, sewage, or water service.
Sec. 376.504 BOUNDARIES. The district includes all the
territory contained within the following described area:
TRACT 1:
FIELD NOTES describing 256.63 acres of land, being portions of the
John Davis Survey No. 13, Abstract No. 231 and the Sefrin Eiselin
Survey No. 4, Abstract No. 265, situated in Travis County, Texas,
and being a portion of that certain 535 acre tract of land conveyed
to Timmerman & Hagn, Ltd. by deed recorded in Volume 8394, Page 544
of the Deed Records of Travis County, Texas and a portion of that
certain 158.22 acre tract of land conveyed to Timmerman & Hagn, Ltd.
by deed recorded in Volume 8394, Page 544 of said Deed Records, and
being more particularly described by metes and bounds as follows;
BEGINNING at a point being the intersection of the east
right-of-way line of F.M. 685 and the south right-of-way line of
Pfluger Lane, for the northwest corner and POINT OF BEGINNING of the
hereinafter described 256.63 acre tract;
THENCE along said south right-of-way line, being the north line of
said 535 acre tract, S58°55'07"E, 2648.71 feet to a point in the
Pflugerville one-half (1/2) mile ETJ line, for the northeast corner
hereof;
THENCE departing said south right-of-way line, along said
Pflugerville one-half (1/2) mile ETJ line, for the east line
hereof, the following three (3) courses:
1.) S26°26'00"W, 2617.63 feet to a Point of Curvature hereof;
2.) along the arc of a curve to the right having elements of delta=
2°44'00", radius= 8419.58 feet, arc=401.66 feet, tangent= 200.87
feet, chord and chord bearings= 401.62 feet, S27°48'00"W to a Point
of Tangency hereof;
3.) S29°10'00"W, 1180.12 feet to a point in the north line of that
certain 71.67 acre tract of land conveyed to Lanier C. Bohls, et al,
by deed recorded in Volume 3951, Page 2106 of said Deed Records,
being the south line of said 158.22 acre tract, for the southeast
corner hereof;
THENCE along the north line of said 71.67 acre tract and the north
line of that certain 95.39 acre tract of land conveyed to Lillian
Thornton, et al, by deed recorded in Volume 4829, Page 737 of said
Deed Records, being the south line of said 158.22 acre tract, for
the south line hereof, N64°04'00"W, 2046.53 feet to a point in the
east right-of-way line of Gregg Lane, for the most southerly
southwest corner hereof;
THENCE, along east and north lines of said Gregg Lane, for west and
south lines hereof, the following three (3) courses:
1.) N19°30'00"E, 150.00 feet to an angle point hereof;
2.) N14°50'00"W, 393.33 feet to an angle point hereof;
3.) N58°15'00"W, 298.61 feet to a point in the east right-of-way
line of F.M. 685, for the most westerly southwest corner hereof;
THENCE along said east right-of-way line of F.M. 685, along a line
being 2640 feet west of and parallel to the east line herein
described, for the west line hereof, the following three (3)
courses:
1.) N29°10'00"E, 851.28 feet to a Point of Curvature hereof;
2.) along the arc of a curve to the left having elements of delta=
2°44'00", radius= 5779.58 feet, arc= 275.72 feet, tangent= 137.89
feet, chord and chord bearing= 275.69 feet, N27°48'00"E to a Point
of Tangency hereof;
3.) N26°26'00"E, 2832.27 feet to the POINT OF BEGINNING of the
herein described tract, containing 256.63 acres of land.
TRACT 2:
755.22 acres of land, being portions of the E. Kirkland Survey No.
7, Abstract No. 458; the Sefrin Eiselin Survey No. 4, Abstract No.
265; the J.P. Sherwood Survey and the Taylor S. Barnes Survey No.
46, Abstract No. 267, situated in Travis County, Texas, said 755.22
acres being more particularly described by metes and bounds as
Parcel "A" and Parcel "B", as follows:
Parcel "A"
BEING 458.89 acres of land, being portions of the E. Kirkland Survey
No. 7, Abstract No. 458; the Sefrin Eiselin Survey No. 4, Abstract
No. 265; the J.P. Sherwood Survey and the Taylor S. Barnes Survey
No. 46, Abstract No. 267, and being comprised and consisting of the
following five (5) tracts of land:
(1) all of that certain 50 acre tract conveyed to Timmerman & Hagn,
Ltd. by deed recorded in Volume 8394, Page 544 of the Deed Records
of Travis County, Texas;
(2) all of that certain 74.46 acre tract conveyed to Theo
Timmerman, et al, by deed recorded in Volume 2546, Page 393 of said
Deed Records;
(3) all of that certain 101.72 acre tract, being a portion of that
certain 296.72 acre tract conveyed to Timmerman & Hagn, Ltd. by deed
recorded in Volume 8394, Page 544 of said Deed Records;
(4) a portion of those two (2) certain 97.5 acre tracts, being a
portion of that certain 296.72 acre tract conveyed to Timmerman &
Hagn, Ltd. by deed recorded in Volume 8394, Page 544 of said Deed
Records;
(5) a portion of that certain 97.5 acre tract conveyed to Theodor
R. Timmerman by deed recorded in Volume 2470, Page 572 of said Deed
Records;
said 458.89 acres of land being more particularly described by
metes and bounds as follows:
BEGINNING at a point in the north right-of-way line of Pflugerville
Road, being the southeast corner of that certain 71.67 acre tract of
land conveyed to Lanier C. Bohls, et al, being the southwest corner
of said 50 acre tract, for the southwest corner and POINT OF
BEGINNING of the hereinafter described 458.89 acre Parcel "A";
THENCE along the east line of said 71.67 acre tract, being the west
line of said 50 acre tract, for the west line hereof, N23°40'00"E,
3628.06 feet to a point in the south line of that certain 158.22
acre tract conveyed to Timmerman & Hagn, Ltd. by deed recorded in
Volume 8394, Page 544 of said Deed Records, being the northeast
corner of said 71.67 acre tract and the northwest corner of said 50
acre tract, for the northwest corner hereof;
THENCE along the south line of said 158.22 acre tract, being the
north line of said 50 acre, said 74.46 acre and said 101.72 acre
tracts, for the north line hereof, S64°04'00"E, at a distance of
2818.61 feet pass the northeast corner of said 101.72 acre tract,
being the southeast corner of said 158.22 acre tract, and continue
across said three (3) 97.5 acre tracts, in all a total distance of
5386.16 feet to a point in the west line of that certain 70.31 acre
tract of land conveyed to Pflugerville 146 Joint Venture by deed
recorded in Volume 8795, Page 25 of said Deed Records, being the
east line of said 97.5 acre tract conveyed by said Volume 2470, Page
572, for the northeast corner hereof;
THENCE along the west line of said 70.31 acre tract, being an east
line of said 97.5 acre tract, for an east line hereof, S28°50'00"W,
1005.25 feet to a point in the north line of that certain 96.90 acre
tract of land conveyed to Edgar W. Smith by deed recorded in Volume
3708, Page 1363 of said Deed Records, being the southwest corner of
said 70.31 acre tract, also being an ell corner in the east line of
said 97.5 acre tract, for an ell corner hereof;
THENCE along the north line of said 96.90 acre tract, N61°05'00"W,
108.89 feet to a point being the northwest corner of said 96.90 acre
tract, also being an ell corner in the east line of said 97.5 acre
tract, for an ell corner hereof;
THENCE along the west line of said 96.90 acre tract, being an east
line of said 97.5 acre tract, for an east line hereof, S28°50'00"W,
3107.61 feet to a point in the centerline of said Pflugerville Road,
being the southeast corner of said 97.5 acre tract, for the
southeast corner hereof;
THENCE along said centerline, for a south line hereof, the
following four (4) courses:
(1) N66°00'00"W, 798.44 feet to an angle point hereof;
(2) N65°50'00"W, 490.83 feet to an angle point hereof;
(3) N53°05'00"W, 587.50 feet to an angle point hereof;
(4) N51°05'00"W, 600.00 feet to the southwest corner of a 97.5 acre
tract, for an angle point hereof;
THENCE along the west line of said 97.5 acre tract, N28°51'37"E,
15.52 feet to a point in the north right-of-way line of said
Pflugerville Road, being the southeast corner of said 101.72 acre
tract, for an angle point hereof;
THENCE along said north right-of-way line of Pflugerville Road, for
the south line hereof, the following three (3) courses:
(1) N51°26'00"W, 451.39 feet to an angle point hereof;
(6) N58°15'00"W, 911.11 feet to an angle point hereof;
(7) N60°45'00"W, 1131.67 feet to the POINT OF BEGINNING of the
herein described Parcel "A", containing 458.89 acres of land.
Parcel "B"
BEING 296.33 acres of land, being portions of the Sefrin Eiselin
Survey No. 4, Abstract No. 265 and the Taylor S. Barnes Survey No.
46, Abstract No. 267, and being comprised and consisting of the
following three (3) tracts of land:
(1) all of that certain 165.15 acre tract conveyed to Theo
Timmerman and Leah J. Hagn by deed recorded in Volume 9409, Page 144
of the Deed Records of Travis County, Texas;
(2) all of that certain 0.35 acre tract described in deed recorded
in Volume 9409, Page 144 of the Deed Records;
(3) all of that certain 130.81 acre tract conveyed to Theodor R.
Timmerman by deed recorded in Volume 857, Page 331 of said deed
records;
said 296.33 acres of land being more particularly described by
metes and bounds as follows:
BEGINNING FOR REFERENCE at a point in the north right-of-way line of
Pflugerville Road, being the southeast corner of that certain 71.67
acre tract of land conveyed to Lanier C. Bohls, et al, by deed
recorded in Volume 3951, Page 2106 of said Deed Records, being the
southwest corner of said 50 acre tract; thence along said north
right-of-way line, S60°45'00"E, 439.76 feet to a point; thence
crossing said right-of-way, S28°49'23"W, 61.37 feet to a point in
the south right-of-way line of said Pflugerville Road, being at or
near the northeast corner of that certain 17.316 acre tract of land
conveyed to Richard L. Matz, Trustee, by deed recorded in Volume
8911, Page 270 of said Deed Records, being the northwest corner of
said 130.81 acre tract, for the northwest corner and POINT OF
BEGINNING of the hereinafter described 296.33 acre Parcel "B";
THENCE along said south right-of-way line of Pflugerville Road, for
the north line hereof, the following nine (9) courses:
(1) S61°01'36"E, 753.89 feet to an angle point hereof;
(2) S58°48'36"E, 777.66 feet to a point in the west line of said
165.15 acre tract, being the northeast corner of said 1308.81 acre
tract, for an angle point hereof;
(3) along the west line of said 165.15 acre tract, N29°02'03"E,
2.19 feet to a point being the northwest corner of said 165.15 acre
tract, for a Point of Curvature hereof;
(4) along the arc of a curve to the right having elements of delta=
6°19'31", radius= 906.91 feet, arc= 100.12 feet, tangent= 50.11
feet, chord and chord bearing= 100.07 feet, S54°33'58"E to a Point
of Tangency hereof;
(5) S51°24'12"E, 1006.88 feet to a Point of Curvature hereof;
(6) along the arc of a curve to the left having elements of delta=
2°11'45", radius= 2895.88 feet, arc= 110.98 feet, tangent= 55.50
feet, chord and chord bearing= 110.98 feet, S52°30'05"E to a Point
of Tangency hereof;
(7) S53°35'57"E, 426.26 feet to a Point of Curvature hereof;
(8) along the arc of a curve to the left having elements of delta=
12°37'37", radius= 603.00 feet, arc= 132.89 feet, tangent= 66.72
feet, chord and chord bearing= 132.62 feet, S59°54'46"E to a Point
of Tangency hereof;
(9) S66°13'34"E, 519.14 feet to a point being the northwest corner
of that certain 75.29 acre tract of land conveyed to E.T. Timmerman
and E.T. Timmerman, Trustee, by deed recorded in Volume 9409, Page
144 of said Deed Records, being the northeast corner of said 165.15
acre tract, for the northeast corner hereof;
THENCE along the east line of said 75.29 acre tract, being the west
line of said 165.15 acre and said 0.35 acre tracts, for the east
line hereof, S29°30'13"W, at a distance of 3491.42 feet pass the
southeast corner of said 165.15 acre tract, being the southwest
corner of said 75.29 acre tract, and continue in all a total
distance of 3511.42 feet to a point in the north line of that
certain 157.69 acre tract conveyed to Thomas A. Goebel by deed
recorded in Volume 9818, Page 540 of said Deed Records, being the
southeast corner of said 0.35 acre tract and the southwest corner of
that certain 2.21 acre remainder of that certain 2.56 acre tract of
land conveyed to the City of Pflugerville by deed recorded in Volume
9236, Page 954 of said Deed Records, for the southeast corner
hereof;
THENCE along the north line of said 157.69 acre tract, being the
south line of said 0.35 acre tract, for a south line hereof, the
following two (2) courses:
(1) N60°55'16"W, 732.21 feet to an angle point hereof;
(2) N61°13'57"W, 32.78 feet to a point being the southeast corner
of that certain 19.00 acre tract of land conveyed to the City of
Pflugerville by deed recorded in Volume 9236, Page 954 of said Deed
Records, being the southwest corner of said 0.35 acre tract, for an
ell corner hereof;
THENCE along the east line of said 19.00 acre tract, being a west
line of said 0.35 acre and said 165.15 acre tracts, for an interior
line hereof, N29°00'13"E, at a distance of 20.00 feet pass the
northwest corner of said 0.35 acre tract, being a lower southwest
corner of said 165.15 acre tract, and continue in all a total
distance of 558.04 feet to a point being the northeast corner of
said 19.00 acre tract and an ell corner of said 165.15 acre tract,
for an ell corner hereof;
THENCE along the north line of said 19.00 acre tract, being a south
line of said 165.15 acre tract, for a south line hereof,
N60°59'47"W, 1476.23 feet to a point in the east line of said 130.81
acre tract, being the northwest corner of said 19.00 acre tract,
also being the southwest corner of said 165.15 acre tract, for an
ell corner hereof;
THENCE along the west line of said 19.00 acre tract, being an east
line of said 130.81 acre tract, for an interior line hereof,
S28°55'24"W, 560.00 feet to a point in the north line of that certain
238.00 acre tract of land conveyed to Carl Lisso by deed recorded in
Volume 588, Page 550 of said Deed Records, being the southwest
corner of said 19.00 acre tract and the southeast corner of said
130.81 acre tract, for an ell corner hereof;
THENCE along the north line of said 238.00 acre tract, being the
south line of said 130.81 acre tract, for a south line hereof, the
following four (4) courses:
(1) N57°22'36"W, 265.83 feet to an angle point hereof;
(2) N62°24'36"W, 386.94 feet to an angle point hereof;
(3) S28°58"24"W, 10.00 feet to an angle point hereof;
(4) N61°01'36"W, 870.28 feet to a point being an angle point in the
north line of said 238.00 acre tract, also being the southwest
corner of said 130.81 acre tract, for the southwest corner hereof;
THENCE along an east line of said 238.00 acre tract; the east line
of Gatlinburg-Section 5; the east line of Gatlinburg-Section Four,
as shown on a Plat of Record in Volume 83, Pages 131C-131D of the
Plat Records of Travis County, Texas; the east line of that certain
10.07 acre tract of land conveyed to the City of Pflugerville by
deed recorded in Volume 5674, Page 9 of said Deed Records; and the
east line of said 17.316 acre tract, being the west line of said
130.81 acre tract, for the west line hereof, N28°49'23"E, 3748.21
feet to the Point of Beginning of the herein described Parcel "B",
containing 296.33 acres of land.
TRACT 3:
699.38 acres of land, being portions of the George M. Martin Survey
No. 9, Abstract No. 529; the E. Kirkland Survey No. 7, Abstract No.
458; the Sefrin Eiselin Survey No. 4, Abstract No. 265; and the John
Davis Survey No. 13, Abstract No. 231, situated in Travis County,
Texas, said 699.38 acres being more particularly described by metes
and bounds as Parcel "A" and Parcel "B" as follows:
Parcel "A"
BEING 501.52 acres of land, being portions of the George M. Martin
Survey No. 9, Abstract No. 529; the E. Kirkland Survey No. 7,
Abstract No. 458; the Sefrin Eiselin Survey No. 4, Abstract No. 265;
and the John Davis Survey No. 13, Abstract No. 231, and being
comprised and consisting of the following four (4) tracts of land:
(1) a portion of that certain 535 acre tract conveyed to Timmerman &
Hagn, Ltd. by deed recorded in Volume 8394, Page 544 of the Deed
Records of Travis County, Texas;
(2) a portion of that certain 158.22 acre tract conveyed to
Timmerman & Hagn, Ltd. by deed recorded in Volume 8394, Page 544 of
said Deed Records;
(3) a portion of those two (2) certain 97.5 acre tracts, being a
portion of that certain 296.72 acre tract conveyed to Timmerman &
Hagn, Ltd. by deed recorded in Volume 8394, Page 544 of said Deed
Records;
(4) a portion of that certain 97.5 acre tract conveyed to Theodor
R. Timmerman by deed recorded in Volume 2470, Page 572 of said Deed
Records;
said 501.52 acres of land being more particularly described by
metes and bounds as follows;
BEGINNING FOR REFERENCE at a point being the intersection of the
east right-of-way line of F.M. 685 and the south right-of-way line
of Pfluger Lane; thence along said south right-of-way line, being
the north line of said 535 acre tract, S58°55'07"E, 2648.71 feet to a
point for the northwest corner and POINT OF BEGINNING of the
hereinafter described 501.52 acre Parcel "A";
THENCE continuing along said south right-of-way line, being the
north line of said 535 acre tract, for the north line hereof,
S58°55'07"E, 5616.61 feet to a point being at or near the northwest
corner of that certain 58.06 acre tract of land conveyed to
Remington Savings Association by deed recorded in Volume 9680, Page
744 of said Deed Records, being the northeast corner of said 535
acre tract, for the northeast corner hereof;
THENCE along the east line of said 535 acre tract, being the west
line of said 58.06 acre tract; the west line of that certain 7.00
acre tract and that certain 11.00 acre tract conveyed to Remington
Savings Association by deed recorded in Volume 9680, Page 744 of
said Deed Records; and the west line of that certain 70.31 acre
tract of land conveyed to Pflugerville 146 Joint Venture, for the
west line hereof, S28°50'00"W, at a distance of 2775.97 feet pass
the southeast corner of said 535 acre tract, being the northeast
corner of said 97.5 acre tract conveyed by said Volume 2470, Page
572, and continue in all a total distance of 3697.94 feet to a point
for the southeast corner hereof;
THENCE crossing said three (3) 97.5 acre tracts, for the south line
hereof, N64°04'00"W, at a distance of 2567.55 feet pass the
northeast corner of that certain 101.72 acre portion of that
certain 296.72 acre tract conveyed to Timmerman & Hagn, Ltd. by deed
recorded in Volume 8394, Page 544 of said Deed Records, being the
southeast corner of said 158.22 acre tract, and continue in all a
total distance of 5509.35 feet to a point in the Pflugerville
one-half (1/2) mile ETJ line, being the north line of that certain
71.67 acre tract of land conveyed to Lanier C. Bohls, et al, by deed
recorded in Volume 3951, Page 2106 of said Deed Records, for the
southwest corner hereof;
THENCE along said Pflugerville one-half (1/2) mile ETJ line, for
the west line hereof, the following three (3) courses:
(1) N29°10'00"E, 1180.12 feet to a Point of Curvature hereof;
(2) along the arc of a curve to the left having elements of delta=
2°44'00", radius= 8419.58 feet, arc= 401.66 feet, tangent= 200.87
feet, chord and chord bearing= 401.62 feet, N27°48'00"E, to the
Point of Tangency hereof;
(3) N26°26'00"E, 2617.63 feet to the POINT OF BEGINNING of the
herein described Parcel "A", containing 501.52 acres of land.
Parcel "B"
BEING 197.86 acres of land, and being a portion of the John Davis
Survey No. 13, Abstract No. 231, and being all of that certain
197.27 acre tract of land conveyed to Timmerman & Hagn, Ltd., by
deed recorded in Volume 8394, Page 542 of the Deed Records of Travis
County, Texas, and being more particularly described by metes and
bounds as follows;
BEGINNING FOR REFERENCE at a point being the intersection of the
east right-of-way line of F.M. 685 and the south right-of-way line
of Pfluger Lane; thence along said south right-of-way line, being
the north line of said 235 acre tract, S58°55'07"E, 4821.00 feet to a
point; thence crossing said right-of-way, N31°04'53"E, 60.00 feet
to a point being in the north right-of-way line of said Pfluger
Lane, being the southeast corner of that certain 193.85 acre tract
of land conveyed to Willard Pfluger, et ux, by deed recorded in
Volume 8317, Page 474 of said Deed Records, being the southwest
corner of said 197.27 acre tract, for the southwest corner and POINT
OF BEGINNING of the hereinafter described 197.86 acre Parcel "B";
THENCE departing said north right-of-way line of Pfluger Lane,
along the division line between said 193.85 acre tract and said
197.27 acre tract, for the west line hereof, N29°14'53"E, 3293.00
feet to a point in a lower north line of said 193.85 acre tract,
being the south line of that certain 50.795 acre tract of land
conveyed to Duane Kiihne, et ux, by deed recorded in Volume 8066,
Page 826 of said Deed Records, being the northwest corner of said
197.27 acre tract, for the northwest corner hereof;
THENCE along the south line of said 50.795 acre tract and the south
line of that certain 123.95 acre tract of land conveyed to Billy W.
Glenn, et ux, by deed recorded in Volume 8555, Page 901 of said Deed
Records, being the north line of said 197.27 acre tract, for the
north line hereof, S60°45'07"E, 2576.40 feet to a point in the west
line of that certain 107.40 acre tract of land conveyed to Lawrence
L. Pfluger, et al, by deed recorded in Volume 4349, Page 62 of said
Deed Records, being the southeast corner of said 123.95 acre tract,
also being the northeast corner of said 197.27 acre tract, for the
northeast corner hereof;
THENCE along the west line of said 107.40 acre tract and the west
line of that certain 50.00 acre tract of land conveyed to E.G.
Priesmeyer by deed recorded in Volume 8658, Page 823 of said Deed
Records, being the east line of said 197.27 acre tract, for the east
line hereof, the following three (3) courses:
(1) S29°14'53"W, 1583.00 feet to an angle point hereof;
(2) S07°14'53"W, 45.00 feet to an angle point hereof;
(3) S29°18'00"W, 1751.23 feet to a point in said north right-of-way
line of Pfluger Lane, being the southwest corner of said 50.00 acre
tract, being the southeast corner of said 197.27 acre tract, for the
southeast corner hereof;
THENCE along said north right-of-way line, being the south line of
said 197.27 acre tract, for the south line hereof, N58°55'07"W,
2593.00 feet to the POINT OF BEGINNING of the herein described
Parcel "B", containing 197.86 acres of land.
Sec. 376.505 FINDINGS RELATING TO BOUNDARIES. The
boundaries and field notes of the district form a closure. If a
mistake is made in the field notes or in copying the field notes in
the legislative process, it does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or taxes;
or
(4) legality or operation.
Sec. 376.506 FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
All the land and other property included in the district will be
benefited by the improvements and services to be provided by the
district under powers conferred by Sections 52 and 52-a, Article
III, and Section 59, Article XVI, Texas Constitution, and other
powers granted under this subchapter, and the district is created
to serve a public use and benefit.
(b) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of the development and
diversification of the economy of the state; and
(2) eliminate unemployment and underemployment and
develop or expand transportation and commerce.
(c) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, consumers in the
district, and the general public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the area as a community
and business center; and
(3) further promote the health, safety, welfare, and
enjoyment of the public by providing pedestrian ways and by
landscaping and developing certain areas in the district, which are
necessary for the restoration, preservation, and enhancement of
scenic and aesthetic beauty.
(d) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(e) The district may not act as the agent or instrumentality
of any private interest even though many private interests will be
benefited by the district, as will the general public.
Sec. 376.507 APPLICATION OF OTHER LAW. Except as otherwise
provided by this subchapter, Chapter 375 applies to the district.
Sec. 376.508 LIBERAL CONSTRUCTION OF SUBCHAPTER. This
subchapter shall be liberally construed in conformity with the
findings and purposes stated in this subchapter.
Sec. 376.509 BOARD OF DIRECTORS IN GENERAL. (a) The
district is governed by a board of 11 directors who serve staggered
terms of four years.
(b) A director shall receive compensation as provided by
Section 49.060, Water Code.
Sec. 376.510 APPOINTMENT OF DIRECTORS. (a) The mayor and
members of the governing body of the municipality shall appoint
directors from persons recommended by the board. A person is
appointed if a majority of the members and the mayor vote to appoint
that person.
(b) A person may not be appointed to the board if the
appointment of that person would result in less than two-thirds of
the directors residing in the municipality.
Sec. 376.511 EX OFFICIO BOARD MEMBERS. (a) The following
persons shall serve as a nonvoting ex officio director:
(1) the director of the following departments of the
municipality:
(A) parks and recreation;
(B) planning and development;
(C) public works; and
(D) civic center;
(2) the municipality's chief of police;
(3) the county's general manager of the Metropolitan
Transit Authority; and
(4) the presidents of any institutions of higher
learning located in the district.
(b) If a department described by Subsection (a) is
consolidated, renamed, or changed, the board may appoint a director
of the consolidated, renamed, or changed department as a nonvoting
ex officio board member. If a department described by Subsection
(a) is abolished, the board may appoint a representative of another
department of the municipality that performs duties comparable to
those performed by the abolished department.
(c) The board may appoint the presiding officer of a
nonprofit corporation that is actively involved in activities in
the municipality's midtown area to serve as a nonvoting ex officio
director.
Sec. 376.512 CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
(a) Except as provided in this section:
(1) a director may participate in all board votes and
decisions; and
(2) Chapter 171 governs conflict of interest for board
members.
(b) Section 171.004 does not apply to the district. A
director who has a substantial interest in a business or charitable
entity that will receive a pecuniary benefit from a board action
shall file a one-time affidavit declaring the interest. An
additional affidavit is not required if the director's interest
changes. After the affidavit is filed with the board secretary, the
director may participate in a discussion or vote on that action if:
(1) a majority of the directors have a similar
interest in the same entity; or
(2) all other similar business or charitable entities
in the district will receive a similar pecuniary benefit.
(c) A director who is also an officer or employee of a public
entity may not participate in the discussion of or vote on a matter
regarding a contract with that same public entity.
(d) For purposes of this section, a director has a
substantial interest in a charitable entity in the same manner that
a person would have a substantial interest in a business entity
under Section 171.002.
Sec. 376.513 ADDITIONAL POWERS OF DISTRICT. (a) The
district may exercise the powers given to a corporation created
under Section 4B, Development Corporation Act of 1979 (Article
5190.6, Vernon's Texas Civil Statutes).
(b) The district may exercise the powers given to a housing
finance corporation created under Chapter 394 to provide housing or
residential development projects in the district.
(c) The district may exercise the powers granted to an
eligible political subdivision under Chapter 221, Natural
Resources Code.
(d) The district may exercise its powers in areas outside
the boundaries of the district if the board determines that there is
a benefit to the district in exercising that power.
Sec. 376.514 AGREEMENTS: GENERAL; DONATIONS, INTERLOCAL
AGREEMENTS, AND LAW ENFORCEMENT SERVICES. (a) The district may
make an agreement with or accept a donation, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
(c) To protect the public interest, the district may
contract with the municipality or the county for the municipality
or county to provide law enforcement services in the district for a
fee.
Sec. 376.515 NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act on behalf of the district in implementing a project
or providing a service authorized by this subchapter.
(b) The board shall appoint the board of directors of a
nonprofit corporation created under this section. The board of
directors of the nonprofit corporation shall serve in the same
manner, term, and conditions as a board of directors of a local
government corporation created under Chapter 431, Transportation
Code.
(c) A nonprofit corporation created under this section has
the powers of and is considered for purposes of this subchapter to
be a local government corporation created under Chapter 431,
Transportation Code.
(d) A nonprofit corporation created under this section may
implement any project and provide any service authorized by this
subchapter.
Sec. 376.516 ANNEXATION. The district may:
(1) annex territory as provided by Subchapter C,
Chapter 375; and
(2) annex territory located inside the boundaries of a
reinvestment zone created by the municipality under Chapter 311,
Tax Code, if the governing body of the municipality consents to the
annexation.
Sec. 376.517 ASSESSMENTS. (a) The board may impose and
collect an assessment for any purpose authorized by this
subchapter. The imposition of an assessment requires that
two-thirds of the board members vote in favor of the imposition.
(b) Assessments, reassessments, or assessments resulting
from an addition to or correction of the assessment roll by the
district, penalties and interest on an assessment or reassessment,
expenses of collection, and reasonable attorney's fees incurred by
the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the resolution of
the board levying the assessment until the assessment is paid. The
board may enforce the lien in the same manner that the board may
enforce an ad valorem tax lien against real property.
Sec. 376.518 PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. The board may not finance a service or improvement
project under this subchapter unless a written petition requesting
the improvement or service has been filed with the board. The
petition must be signed by the owners of a majority of the assessed
value of real property in the district as determined by the most
recent certified county property tax rolls.
Sec. 376.519 ELECTIONS. (a) In addition to the elections
the district must hold under Subchapter L, Chapter 375, the
district shall hold an election in the manner provided by that
subchapter to obtain voter approval before the district imposes a
maintenance tax or issues bonds payable from ad valorem taxes or
assessments.
(b) The board may include more than one purpose in a single
proposition at an election.
Sec. 376.520 MAINTENANCE TAX. (a) The district may impose
and collect an annual ad valorem tax on taxable property in the
district for the maintenance and operation of the district and the
improvements constructed or acquired by the district or for the
provision of services only if:
(1) two-thirds of the board members vote in favor of
imposing the tax; and
(2) the tax is authorized at an election held in
accordance with Section 376.319.
(b) The board shall determine the tax rate.
Sec. 376.521 UTILITIES. The district may not impose an
assessment or impact fee on a utility's property.
Sec. 376.522 MUNICIPAL APPROVAL. (a) Except as provided by
Subsection (b), the district must obtain approval from the
municipality's governing body of:
(1) the issuance of bonds for an improvement project;
and
(2) the plans and specifications of an improvement
project financed by the bonds.
(b) If the district obtains approval from the
municipality's governing body of a capital improvements budget for
a period not to exceed five years, the district may finance the
capital improvements and issue bonds specified in the budget
without further approval from the municipality.
(c) The district must obtain approval from the
municipality's governing body of the plans and specifications of
any district improvement project related to the use of land owned by
the municipality, an easement granted by the municipality, or a
right-of-way of a street, road, or highway.
(d) Except as provided by Section 375.263, a municipality is
not obligated to pay any bonds, notes, or other obligations of the
district.
Sec. 376.523 DISBURSEMENTS OR TRANSFERS OF FUNDS. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. 376.524 COMPETITIVE BIDDING LIMIT. Section 375.221
does not apply to the district unless the contract is for more than
$25,000.
Sec. 376.525 EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
OUTSTANDING DEBTS. (a) The board may vote to dissolve a district
that has debt. If the vote is in favor of dissolution, the district
shall remain in existence solely for the limited purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
(b) Section 375.264 does not apply to the district.
SECTION 2. The legislature finds that:
(1) proper and legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished by
the constitution and laws of this state, including the governor,
who has submitted the notice and Act to the Texas Commission on
Environmental Quality;
(2) the Texas Commission on Environmental Quality has
filed its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time;
(3) the general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with; and
(4) all requirements of the constitution and laws of
this state and the rules and procedures of the legislature with
respect to the notice, introduction, and passage of this Act have
been fulfilled and accomplished.
SECTION 3. Notwithstanding Section 376.310, Local
Government Code, as added by this Act:
(1) the initial board of directors of the Pflugerville
Municipal Management District No. 1 consists of: Pos. No. Name of Board Member
1. John Franklin
2. ____________________
3. ____________________
4. ____________________
5. ____________________
6. ____________________
7. ____________________
8. ____________________
9. ____________________
10. ____________________
11. ____________________; and
(2) of the initial board members, the members
appointed for positions 1 through 6 serve until June 1, 2009, and
the members appointed for positions 7 through 11 serve until June 1,
2007.
SECTION 4. The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby suspended,
and that this Act take effect and be in force from and after its
passage, and it is so enacted.