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AN ACT
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relating to the creation of certain municipal management districts; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3918 to read as follows: |
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CHAPTER 3918. LEANDER MUNICIPAL MANAGEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3918.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means Leander. |
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(3) "Director" means a board member. |
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(4) "District" means the Leander Municipal Management |
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District No. 1. |
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Sec. 3918.0102. CREATION AND NATURE OF DISTRICT. The |
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Leander Municipal Management District No. 1 is a special district |
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created under Section 59, Article XVI, Texas Constitution. |
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Sec. 3918.0103. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. |
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(b) By creating the district and in authorizing the city and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(c) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, tourism, recreation, the arts, entertainment, |
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economic development, safety, and the public welfare in the |
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district. |
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(d) This chapter and the creation of the district may not be |
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interpreted to relieve the city from providing the level of |
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services provided as of the effective date of the Act enacting this |
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chapter to the area in the district. The district is created to |
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supplement and not to supplant city services provided in the |
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district. |
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Sec. 3918.0104. FINDINGS OF BENEFIT AND PUBLIC USE. (a) |
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All land and other property included in the district will benefit |
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from the improvements and services to be provided by the district |
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under powers conferred by Sections 52 and 52-a, Article III, and |
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Section 59, Article XVI, Texas Constitution, and other powers |
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granted under this chapter. |
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(b) The district is created to serve a public use and |
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benefit. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; and |
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(3) developing or expanding transportation and |
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commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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(4) provide for water, wastewater, drainage, road, and |
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recreational facilities for the district; and |
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(5) promote and secure expanded and improved |
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transportation and pedestrian facilities and systems designed to |
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benefit the land and property in the district, the employees, |
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employers, and consumers in the district, and the general public. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of road, transportation, and pedestrian |
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facilities and systems and are considered to be a street, |
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transportation, or pedestrian improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3918.0105. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bonds for the purposes |
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for which the district is created or to pay the principal of and |
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interest on the bonds; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3918.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; or |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code. |
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Sec. 3918.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICT LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3918.0108. LIMITED WAIVER OF SOVEREIGN IMMUNITY. The |
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district is considered to have waived sovereign immunity to suit by |
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the city for the purpose of adjudicating a claim for breach of the |
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development agreement described by Section 3918.0302. |
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Sec. 3918.0109. CONSTRUCTION OF CHAPTER. This chapter |
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shall be liberally construed in conformity with the findings and |
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purposes stated in this chapter. |
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Sec. 3918.0110. CONFLICT OF LAWS. In the event of a |
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conflict between this chapter and any other law, this chapter |
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prevails. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3918.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five directors who serve staggered terms of |
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four years with two or three directors' terms expiring June 1 after |
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the fourth anniversary of the date of the directors' appointment. |
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(b) The board may not create an executive committee to |
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exercise the powers of the board. |
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Sec. 3918.0202. QUALIFICATIONS OF DIRECTORS. To be |
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qualified to serve as a director, a person must be: |
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(1) an owner of property in the district; |
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(2) an owner of stock or a partnership or membership |
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interest, whether beneficial or otherwise, of a corporate owner of |
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an interest in property in the district; |
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(3) an owner of a beneficial interest in a trust, or a |
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trustee in a trust, that directly or indirectly owns property in the |
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district; or |
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(4) an agent, employee, or tenant of a person |
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described by Subdivision (1), (2), or (3). |
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Sec. 3918.0203. APPOINTMENT OF DIRECTORS. The governing |
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body of the city shall appoint directors from persons recommended |
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by the board. |
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Sec. 3918.0204. VACANCY. (a) If a vacancy occurs on the |
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board, the remaining directors shall appoint a director for the |
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remainder of the unexpired term. |
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(b) A director may resign from the board at any time. |
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Sec. 3918.0205. OFFICERS. The board shall elect from among |
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the directors a chair, a vice chair, and a secretary. The offices |
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of chair and secretary may not be held by the same person. |
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Sec. 3918.0206. COMPENSATION; EXPENSES. (a) A director |
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may not receive compensation for service on the board. |
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(b) A director is entitled to reimbursement for necessary |
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and reasonable expenses incurred in carrying out the duties and |
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responsibilities of the board. The total amount of expenses for |
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each director in one year may not exceed the amount approved by the |
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board and may not exceed the amount of expenses budgeted for a |
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member of the governing body of the city. |
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Sec. 3918.0207. LIABILITY INSURANCE. The district may |
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obtain and pay for comprehensive general liability insurance |
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coverage from a commercial insurance company or other source that |
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protects and insures a director against personal liability and from |
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all claims relating to: |
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(1) actions taken by the director in the director's |
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capacity as a member of the board; |
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(2) actions and activities taken by the district; or |
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(3) the actions of others acting on behalf of the |
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district. |
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Sec. 3918.0208. BOARD MEETINGS. (a) The board shall hold |
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meetings at a place accessible to the public. |
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(b) The board must post notice of each meeting with the city |
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secretary not later than 72 hours before the scheduled time of the |
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meeting. |
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Sec. 3918.0209. INITIAL DIRECTORS. (a) On or after January |
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1, 2022, the owner or owners of a majority of the assessed value of |
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real property in the district may submit a petition to the governing |
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body of the city requesting that the governing body appoint five |
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persons as initial directors from a list of persons in the district. |
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(b) A petition must name more than five qualified persons. |
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(c) The governing body shall appoint as initial directors |
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five persons listed in the petition who are qualified to serve as |
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directors. |
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(d) The initial directors shall determine by lot which three |
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positions expire June 1 following the second anniversary of the |
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date of the appointment and which two positions expire June 1 |
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following the fourth anniversary of the date of the appointment. |
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(e) This section expires September 1, 2027. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3918.0301. GENERAL POWERS AND DUTIES. (a) The |
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district has the powers and duties necessary to accomplish the |
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purposes for which the district is created. |
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(b) The board may not take any action or exercise any power |
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granted under this chapter other than to hold an initial |
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organizational meeting until the development agreement described |
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by Section 3918.0302 is approved by the city and executed by the |
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parties to the agreement. |
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Sec. 3918.0302. DEVELOPMENT AGREEMENT. (a) The city, the |
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district, the owner of the majority of the land in the district, and |
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any other entities the city determines are necessary to the |
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agreement may execute a development agreement if approved by the |
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city. |
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(b) This chapter expires on the fourth anniversary of the |
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effective date of the Act enacting this chapter if the development |
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agreement under Subsection (a) is not executed before that date. |
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Sec. 3918.0303. IMPROVEMENT PROJECTS AND SERVICES. (a) The |
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district, using any money available to the district for the |
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purpose, may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service authorized under this chapter or Chapter 375, Local |
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Government Code. |
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(b) The district may contract with a governmental or private |
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entity to carry out an action under Subsection (a). |
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(c) The implementation of a district project or service is a |
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governmental function or service for the purposes of Chapter 791, |
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Government Code. |
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(d) A district improvement project or service must comply |
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with: |
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(1) any city zoning and subdivision requirements; and |
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(2) city codes and ordinances. |
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(e) The district may not provide, conduct, or authorize an |
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improvement project on any street, highway, right-of-way, or |
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easement owned or controlled by the city unless the governing body |
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of the city by resolution consents to the improvement. |
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Sec. 3918.0304. IMPROVEMENT PROJECT AND SERVICE IN |
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DEFINABLE AREA; BENEFIT BASIS. The district may undertake an |
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improvement project or service that confers a special benefit on a |
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definable area in the district and levy and collect a special |
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assessment on benefited property in the district in accordance with |
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Chapter 375, Local Government Code. |
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Sec. 3918.0305. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, with the consent of the city by resolution, the |
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district may contract with a qualified party, including the city, |
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to provide supplemental and enhanced law enforcement and security |
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services in the district for a fee. |
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Sec. 3918.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district, in coordination with the city, may engage in activities |
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that accomplish the economic development purposes of the district. |
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(b) The district may establish and provide for the |
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administration of one or more programs with the prior consent of the |
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governing body of the city in accordance with the development |
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agreement to promote state or local economic development and to |
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stimulate business and commercial activity in the district, |
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including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(c) The district may create economic development programs |
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and exercise the economic development powers that Chapter 380, |
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Local Government Code, and Subchapter A, Chapter 1509, Government |
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Code, provide to a municipality. |
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Sec. 3918.0307. PARKING FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain parking facilities or a system of parking |
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facilities, including lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets and related appurtenances. |
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(b) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(c) The district's parking facilities are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(d) The development and operation of the district's parking |
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facilities may be considered an economic development program. |
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Sec. 3918.0308. ADDING OR REMOVING TERRITORY. (a) The |
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board may add or remove territory as provided by Subchapter J, |
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Chapter 49, Water Code. |
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(b) The district may add or remove territory as described by |
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Subsection (a) only if the governing body of the city by ordinance |
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or resolution consents to the addition or removal. |
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Sec. 3918.0309. EXEMPT PROPERTY. The district may not |
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impose an impact fee, assessment, tax, or other charge on property |
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owned by the city, the county, or other political subdivision or on |
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property exempted under this section except as provided by |
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Subchapter H, Chapter 375, Local Government Code. |
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Sec. 3918.0310. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3918.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution with the prior consent of the governing body of |
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the city in accordance with the development agreement shall |
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establish the number of directors' signatures and the procedure |
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required for a disbursement or transfer of district money. |
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Sec. 3918.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment to |
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finance improvement projects and services authorized by this |
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chapter in all or any definable part of the district in the manner |
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provided by Subchapter F, Chapter 375, Local Government Code. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll after providing notice and holding a hearing as |
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provided by Subchapter F, Chapter 375, Local Government Code. |
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Sec. 3918.0403. USE OF ELECTRICAL OR OPTICAL LINES. (a) |
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The district may impose an assessment to pay the cost of: |
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(1) burying, relocating, or removing electrical power |
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lines, telephone lines, cable or fiber-optic lines, or any other |
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type of electrical or optical line; |
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(2) removing poles and any elevated lines using the |
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poles; and |
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(3) reconnecting the lines described by Subdivision |
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(2) to the buildings or other improvements to which the lines were |
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connected. |
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(b) The assessment under Subsection (a) may not be imposed |
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on the property, including the equipment, rights-of-way, |
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easements, facilities, or improvements, of a telecommunications |
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provider as defined by Section 51.002, Utilities Code, or a cable |
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service provider or video service provider as defined by Section |
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66.002, Utilities Code, unless in accordance with an agreement with |
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the city. |
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(c) The district may acquire, operate, or charge fees for |
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the use of the district conduits for: |
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(1) another person's: |
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(A) telecommunications network; |
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(B) fiber-optic cable; or |
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(C) electronic transmission line; or |
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(2) any other type of transmission line or supporting |
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facility. |
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(d) The district may not require a person to use a district |
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conduit. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3918.0501. BONDS AND OTHER OBLIGATIONS. With the |
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consent of the governing body of the city by resolution in |
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accordance with Section 375.207, Local Government Code, the |
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district may issue bonds, notes, or other obligations payable |
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wholly or partly from ad valorem taxes or assessments in the manner |
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provided by Chapter 375, Local Government Code. |
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Sec. 3918.0502. TAX ELECTION REQUIRED. The district must |
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hold an election in the manner provided by Chapter 49, Water Code, |
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or, if applicable, Chapter 375, Local Government Code, to obtain |
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voter approval before the district may impose an ad valorem tax. |
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Sec. 3918.0503. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized by a majority of the district voters voting at an |
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election under Section 3918.0502, the district may impose an |
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operation and maintenance tax on taxable property in the district |
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in the manner provided by Section 49.107, Water Code, for any |
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district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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(b) The board shall determine the operation and maintenance |
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tax rate. The rate may not exceed the rate approved at the |
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election. |
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Sec. 3918.0504. BONDS SECURED BY REVENUE OR CONTRACT |
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PAYMENTS. The district may issue, without an election, bonds |
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secured by: |
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(1) revenue other than ad valorem taxes, including |
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contract revenues; or |
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(2) contract payments, provided that the requirements |
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of Section 49.108, Water Code, have been met. |
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Sec. 3918.0505. BONDS SECURED BY AD VALOREM TAXES; |
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ELECTIONS. (a) If authorized at an election under Section |
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3918.0502, the district may issue bonds payable from ad valorem |
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taxes. |
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(b) Section 375.243, Local Government Code, does not apply |
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to the district. |
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(c) At the time the district issues bonds payable wholly or |
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partly from ad valorem taxes, the board shall provide for the annual |
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imposition of a continuing direct annual ad valorem tax, without |
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limit as to rate or amount, for each year that all or part of the |
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bonds are outstanding as required and in the manner provided by |
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Sections 54.601 and 54.602, Water Code. |
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(d) All or any part of any facilities or improvements that |
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may be acquired by a district by the issuance of its bonds may be |
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submitted as a single proposition or as several propositions to be |
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voted on at the election. |
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Sec. 3918.0506. WRITTEN AGREEMENT REGARDING SPECIAL |
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APPRAISALS. Before the district may issue bonds, the district and |
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any person to whom the board intends that proceeds of the bonds be |
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distributed, including the developer, another owner of land in the |
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district, and any entity acting as a lender to the developer or |
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other landowner for the purpose of a project relating to the |
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district, must enter into a written agreement that: |
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(1) waives for the term of the agreement the right to a |
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special appraisal with respect to taxation by the district under |
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Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and |
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(2) remains in effect for 30 years and is binding on |
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the parties, on entities related to or affiliated with the parties, |
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and on their successors and assignees. |
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Sec. 3918.0507. EXEMPTION FROM CERTAIN SUPERVISION AND |
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APPROVAL REQUIREMENTS. Section 375.208, Local Government Code, |
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does not apply to the district. |
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SUBCHAPTER J. DISSOLUTION |
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Sec. 3918.0901. DISSOLUTION BY CITY. (a) The city may |
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dissolve the district in the manner provided by Section 375.263, |
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Local Government Code, only if the city also complies with any |
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dissolution procedures in the development agreement described by |
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Section 3918.0302. |
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(b) In the case of a conflict between Section 375.263, Local |
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Government Code, and the development agreement, the development |
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agreement controls. |
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SECTION 2. The Leander Municipal Management District No. 1 |
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initially includes all territory contained in the following area: |
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Being all of that certain tract or parcel of land containing |
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115.7076 acres, more or less, comprised of those three (3) certain |
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tracts of land containing 22.781 acres, more or less, our of the |
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William Mancil Survey, Abstract No. 437 in Leander, Williamson |
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County, Texas, more described by metes and bounds shown on Exhibit |
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"A-1" attached hereto; 47.5871 acres, more or less, in the Talbot |
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Chambers Survey, Abstract No. 125 in Leander, Williamson County, |
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Texas, more described by metes and bounds shown on Exhibit "A-2" |
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attached hereto; 47.3395 acres, more or less, in the Talbot |
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Chambers Survey, Abstract No. 125 in Leander, Williamson County, |
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Texas, more described by metes and bounds shown on Exhibit "A-3" |
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attached hereto |
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EXHIBIT A-1 |
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Talbot Chambers Survey, Abstract No. 125 |
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Legal Description |
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BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 47.5871 ACRES |
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(2,072,892 SQUARE FEET) OUT OF THE TALBOT CHAMBERS SURVEY, ABSTRACT |
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NO. 125, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED |
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269.836 ACRE TRACT CONVEYED TO RB 270 PARTNERSHIP, RECORDED IN |
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DOCUMENT NO. 2004036768 OF THE OFFICIAL PUBLIC RECORDS OF |
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WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), SAID 47.5871 ACRES BEING |
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MORE PARTICULARLY DESCRIBED BY METES AND AS FOLLOWS: |
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BEGINNING, at a 1/2-inch iron rod with "Ward-5811" cap found in the |
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curving east right-of-way line of Mel Mathis Boulevard |
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(right-of-way varies), and being the southwest corner of a called |
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9.850 acre tract conveyed to Area Leander 1 LP, recorded in Document |
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No. 2016069577 (O.P.R.W.C.T.) and being in the north line of said |
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269.836 acre tract, for the northwest corner and POINT OF BEGINNING |
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hereof, from which a 1/2-inch iron rod with "Ward-5811" cap found at |
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point of tangency in the east right-of-way line of said Mel Mathis |
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Boulevard, and being in the west line of said 9.850 acre Area |
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Leander 1 LP tract, bears, 24.13 feet along the arc of a curve to the |
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right, having a radius of 999.00 feet, and whose chord bears |
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N18°36'59"W, a distance of 24.13 feet; |
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THENCE, leaving the east right-of-way line of said Mel Mathis |
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Boulevard, with the north line of said 269.836 acre RB 270 |
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Partnership tract and the south line of said 9.850 acre Area Leander |
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1 LP tract, the following three (3) courses and distances: |
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1) N70°42'41"E, a distance of 938.70 feet to a 1/2-inch iron |
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rod found for an angle point hereof, |
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2) N70°36'57"E, a distance of 53.16 feet to a 1/2-inch iron |
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rod found for an angle point hereof, and |
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3) N71°20'07"E, a distance of 79.42 feet to a 1/2-inch iron |
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rod found for the northeast corner hereof, said point being the |
|
southeast corner of said 9.850 acre Area Leander 1 LP tract, and |
|
being in the north line of said 269.836 acre RB 270 Partnership |
|
tract, and being in the west right-of-way line of US Highway 183A |
|
(400' right-of-way, conveyed in Document No(s). 2004068741 and |
|
2004088731 (O.P.R.W.C.T.); |
|
THENCE, leaving the north line of said 269.836 acre RB 270 |
|
Partnership tract, with the west right-of-way line of said US |
|
Highway 183A, over and across said 269.836 acre RB 270 Partnership |
|
tract, S56°03'41"E, passing at a distance of 524.73 feet a TxDOT |
|
Type II Brass Disc Monument with "CTRMA" stamp found, and |
|
continuing for a total distance of 1,299.85 feet to a 1/2-inch iron |
|
rod with "KHA" cap found for the southeast corner hereof, said point |
|
being the northeast corner of a called 100.000 acre tract, conveyed |
|
to Austin Community College District recorded in Document |
|
No. 2010030836 (O.P.R.W.C.T.), from which a TxDOT Type II Brass |
|
Disc Monument with "CTRMA" stamp found at a point of curvature in |
|
the west right-of-way line of said US Highway 183A, and being in the |
|
east line of said 100.000 acre Austin Community College District |
|
tract bears, S56°03'41"E, a distance of 724.81 feet; |
|
THENCE, over and across said 269.836 acre RB 270 Partnership tract, |
|
with the north line of said 100.000 acre Austin Community College |
|
District tract, the following three (3) courses and distances: |
|
1) S33°55'23"W, a distance of 371.76 feet to a 5/8-inch iron |
|
rod with aluminum "MWM" cap found for a point of curvature hereof, |
|
2) 390.32 feet along the arc or a curve to the right, having |
|
a radius of 630.00 feet, and whose chord bears S51°42'47"W, a |
|
distance of 384.11 feet to a 5/8-inch iron rod with aluminum "MWM" |
|
cap found for a point of tangency hereof, and |
|
3) S69°24'42"W, a distance of 1,157.38 feet to a 1/2-inch |
|
iron rod with "Ward-5811" cap set for the southwest corner hereof, |
|
said point being the northwest corner of said 100.000 acre Austin |
|
Community College District tract, and being in the east |
|
right-of-way line of said Mel Mathis Boulevard; |
|
THENCE, over and across said 269.836 acre RB 270 Partnership tract, |
|
with the east right-of-way line of said Mel Mathis Boulevard, and |
|
the west line of the herein described tract the following two (2) |
|
courses and distances: |
|
1) N20°34'14"W, a distance of 1,393.85 feet to a 1/2-inch |
|
iron rod with "Ward-5811" cap set for a point of curvature hereof, |
|
and |
|
2) 22.41 along the arc of a curve to the right, having a |
|
radius of 999.00 feet, and whose chord bears N19°55'40"W, a distance |
|
of 22.41 feet to the POINT OF BEGINNING, and containing 47.5871 |
|
Acres (2,072,892 Square Feet) more or less. |
|
NOTE: |
|
All bearings are based on the Texas State Plane Coordinate System, |
|
Grid North, Central Zone (4203), all distances were adjusted to |
|
surface using a combined scale factor of 1.000138805545. See |
|
attached sketch (reference drawing: 00508 47 Acre Tract.dwg) |
|
EXHIBIT A-2 |
|
DOROTHY R. WINTERS EXEMPT FAMILY TRUST |
|
WILLIAM MANCIL SURVEY, ASTRACT NO. 437 |
|
22.781 ACRES (992,343 SQ. FT.) |
|
DESCRIPTION OF 22.781 ACRES (992,343 SQ. FT.) OF LAND SITUATED IN |
|
WILLIAMSON COUNTY, TEXAS, OUT OF THE WILLIAM MANCIL SURVEY, ASTRACT |
|
NO. 437, BEING A PORTION OF A 159.838 ACRE TRACT DESCRIBED IN A DEED |
|
OF RECORD TO DOROTHY R. WINTERS EXEMPT FAMILY TRUST IN DOCUMENT NO. |
|
2014021295 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, |
|
TEXAS; SAID 22.781 ACRES (992,343 SQ. FT.), BEING TWO TRACTS OF LAND |
|
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
TRACT 1: |
|
BEGINNING at a 1/2" iron rod found in the easterly line of a 100 foot |
|
wide right-of-way for railroad purposes, quitclaimed to the City of |
|
Austin by deed of record in Volume 1417, Page 282, Official Records |
|
of Williamson County, Texas, same being the westerly line of said |
|
159.838 Acre Tract, at the southwesterly corner of a 3.733 acre |
|
tract conveyed to Williamson County, Texas for street right-of-way |
|
purposes (San Gabriel Parkway - R.O.W. width varies) by deed of |
|
record in Document No. 2004068740, Official Public Records of |
|
Williamson County, Texas, for the northwesterly corner of the |
|
herein described tract; |
|
THENCE over and across said 159.838 Acre Tract, with the southerly |
|
line of said 3.733 Acre Tract, same being the northerly line of the |
|
herein described tract the following two (2) courses: |
|
1. N71°51'31"E, a distance of 261.37 feet to a 1/2" iron rod |
|
found; |
|
2. N71°29'44"E, a distance of 843.54 feet to an iron rod with |
|
cap found at the most westerly corner of a 163 square foot tract |
|
conveyed to Williamson County, Texas for street right-of-way |
|
purposes (San Gabriel Parkway R.O.W. width varies) by deed of |
|
record in Document No. 2010082651, Official Public Records of |
|
Williamson County, Texas; |
|
THENCE N72°06'36"E, continuing over and across said 159.838 Acre |
|
Tract with the southerly line of said 163 square foot tract, same |
|
being the northerly line of the herein described tract, a distance |
|
of 81.22 feet to an iron rod with cap found in the westerly line of a |
|
2.124 acre tract conveyed to Williamson County, Texas for street |
|
right-of-way purposes (San Gabriel Parkway - R.O.W. width varies) |
|
by deed of record in Document No. 2006066934, Official Public |
|
Records of Williamson County, Texas, at the southwesterly corner of |
|
said 163 Square Foot Tract; |
|
THENCE continuing over and across said 159.838 Acre Tract with the |
|
westerly and southerly lines of said 2.124 Acre Tract, same being |
|
the northerly line of the herein described tract the following two |
|
(2) courses: |
|
1. S16°45'56"E, a distance of 8.41 feet to a cotton spindle |
|
found at the southwesterly corner of said 2.124 Acre Tract ; |
|
2. N69°57'17"E, a distance of 39.44 feet to an iron rod with |
|
G&R Cap set at the northwesterly corner of a 0.821 acre tract |
|
conveyed to The City of Leander, Texas for street right-of-way |
|
purposes (Mel Mathis Avenue-80' R.O.W.) by deed of record in |
|
Document No. 2012077074, Official Public Records of Williamson |
|
County, Texas, for the northeasterly corner of the herein described |
|
tract; |
|
THENCE continuing over and across said 159.838 Acre Tract with the |
|
westerly line of said 0.821 Acre Tract, same being the easterly line |
|
of the herein described tract the following two (2) courses: |
|
1. S71°55'56"E, a distance of 420.33 feet to an iron rod with |
|
G&R Cap set at the point of curvature of a curve to the left; |
|
2. Along said curve to the left, having a radius of 1079.00 |
|
feet, an arc length of 25.93 feet and a chord which bears |
|
S18°37'14"E, a distance of 25.93 feet to an iron rod with G&R Cap set |
|
in the northerly line of a 269.836 acre tract described in a deed of |
|
record to RB 270 Partnership in Document No. 2004036768, Official |
|
Public Records of Williamson County Texas, same being the southerly |
|
line of said 159.838 Acre Tract, for the southeasterly corner of the |
|
herein described tract; |
|
THENCE with the southerly line of said 159.838 Acre Tract, same |
|
being in part the northerly line of said 269.836 Acre Tract and in |
|
part the northerly line of Lot 2, San Gabriel Park, a subdivision of |
|
record in Cabinet Y. Slides 364-367, Plat Records of Williamson |
|
County Texas, the following five (5) courses: |
|
1. S70°42'59"W, a distance of 3.13 feet to an iron rod with |
|
G&R Cap set at the common northerly corner of said 269.836 Acre |
|
Tract and said Lot 2; |
|
2. S71°12'01"W, a distance of 61.83 feet to a 1/2" iron rod |
|
found; |
|
3. S69°02'16"W, a distance of 90.38 feet to a 1/2" iron rod |
|
found; |
|
4. S70°43'16"W a distance of 728.63 feet to a 1/2" iron rod |
|
found; |
|
5. S70°11'21"W, a distance of 314.93 feet to a 1/2" iron rod |
|
found in the easterly line of said 100 foot wide right-of-way for |
|
railroad purposes and the westerly line of said 159.838 Acre Tract, |
|
for the southwesterly corner of the herein described tract; |
|
THENCE N21°11'57"W, with the common line of said 100 foot wide |
|
right-of-way for railroad purposes and said 159.838 Acre Tract, a |
|
distance of 477.91 feet to the POINT OF BEGINNING, containing an |
|
area of 12.931 acres (563,261 sq. ft.) of land, more or less. |
|
TRACT 2: |
|
BEGINNING at a cotton spindle found in the westerly line of a 24.697 |
|
acre tract, conveyed to Williamson County, Texas for Highway 183-A |
|
right-of-way purposes (400' R.O.W.) by deed of record in Document |
|
No. 2004068741, Official Public Records of Williamson County, |
|
Texas, for the northeasterly corner of the herein described tract; |
|
THENCE S56°04'40"E, over and across said 159.818 Acre Tract, with |
|
the westerly line of said 24.697 Acre Tract, same being the easterly |
|
line of the herein described tract, a distance of 712.18 feet to a |
|
1/2" iron rod found in northerly line of a 269.836 acre tract |
|
described in a deed of record to RB 270 Partnership in Document No. |
|
2004036768, Official Public Records of Williamson County Texas, for |
|
the southeasterly corner of the herein described tract; |
|
THENCE with the common line of said 159.838 Acre Tract and said |
|
269.836 Acre Tract the following three (3) courses: |
|
1. S71°18'14"W, a distance of 79.46 feet to a 1/2" iron rod |
|
found; |
|
2. S70°37'32"W, a distance of 53.16 feet to a 1/2" iron rod |
|
found; |
|
3. S70°42'59°W, a distance of 938.59 feet to an iron rod with |
|
G&R Cap set at the southeasterly corner of a 0.821 acre tract |
|
conveyed to The City of Leander, Texas for street right-of-way |
|
purposes (Mel Mathis Avenue - 80' R.O.W.) by deed of record in |
|
Document No. 2012077074, Official Public Records of Williamson |
|
County, Texas, for the southwesterly corner of the herein described |
|
tract; |
|
THENCE leaving the common line of said 159.838 Acre Tract and said |
|
269.836 Acre Tract and continuing over and across said 159.838 Acre |
|
Tract with the easterly line of said 0.821 Acre Tract, same being |
|
the westerly line of the herein described tract, the following two |
|
(2) courses: |
|
1. Along a curve to the right, having a radius of 999.00 |
|
feet, an arc length of 24.05 feet and a chord which bears |
|
N18°37'19"W, a distance of 24.05 feet to an iron rod with G&R Cap set |
|
at the end of said curve |
|
2. N17°55'56"W, a distance of 423.28 feet to an iron rod with |
|
G&R Cap set in the southerly line of a 2.124 acre tract conveyed to |
|
Williamson County, Texas for street right-of-way purposes (San |
|
Gabriel Parkway - R.O.W. width varies) by deed of record in Document |
|
No. 2006066934, Official Public Records of Williamson County, |
|
Texas, for the northwesterly corner of the herein described tract; |
|
THENCE N69°57'17"E, continuing over and across said 159.838 Acre |
|
Tract with the southerly line of said 2.124 Acre Tract, same being |
|
the northerly line of the herein described tract, a distance of |
|
115.16 feet to an iron rod with cap found at the southwesterly |
|
corner of a 0.808 acre tract conveyed to Williamson County, Texas |
|
for street right-of-way purposes (San Gabriel Parkway - R.O.W. |
|
width varies) by deed of record in Document No. 2010082651, |
|
Official Public Records of Williamson County, Texas; |
|
THENCE continuing over and across said 159.838 Acre Tract with the |
|
southerly line of said 0.808 Acre Tract, same being the northerly |
|
line of the herein described tract, the following two (2) courses: |
|
1. Along a curve to the left, having a radius of 1113.00 |
|
feet, an arc length of 444.24 feet and a chord which bears |
|
N59°35'56"E, a distance of 441.30 feet to an iron rod with cap found |
|
at the end of said curve; |
|
2. N48°11'55"E, a distance of 93.35 feet to the POINT OF |
|
BEGINNING, containing an area of 9.850 (429,082 sq. ft.) acres of |
|
land, more or less. FOR A TOTAL AREA OF 22.781 (992,343 SQ. FT.) |
|
ACRES OF LAND WITHIN TRACTS 1 AND 2. |
|
EXHIBIT A-3 |
|
Talbot Chambers Survey, Abstract No. 125 |
|
Legal Description |
|
BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 45.3395 ACRES |
|
(1,974,990 SQUARE FEET) OUT OF THE TALBOT CHAMBERS SURVEY, ABSTRACT |
|
NO. 125, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, SAN |
|
GABRIEL PARK, A SUBDIVISION RECORDED IN CABINET Y, SLIDES 364-367 |
|
OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.), SAID |
|
45.3395 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND AS |
|
FOLLOWS: |
|
BEGINNING, at a 1/2-inch iron rod found in the east right-of-way |
|
line of the Capital Metropolitan Transportation Authority Railroad |
|
(100' right-of-way), conveyed in Document No. 2000020773 of the |
|
Official Public Records of Williamson County, Texas |
|
(O.P.R.W.C.T.), being the southwest corner of a called 12.931 acre |
|
tract conveyed to Area Leander 1, L.P. in Document No. 2016069577 |
|
(O.P.R.W.C.T.), and being the northwest corner of said Lot 2, for |
|
the northwest corner hereof, from which a 1/2-inch iron rod found at |
|
the intersection of the south right-of-way line of San Gabriel |
|
Parkway (right-of-way width varies), partially dedicated in |
|
Document No. 2004068740 (O.P.R.W.C.T.), and the east right-of-way |
|
line of said Railroad, bears N21°12'43"W, a distance of 477.90 feet; |
|
THENCE, leaving the east right-of-way line of said Railroad, with |
|
the common line of said 12.931 acre tract and said Lot 2, the |
|
following four (4) courses and distances: |
|
1) N70°11'45"E, a distance of 314.90 feet to a 1/2-inch iron |
|
rod found for an angle point hereof, |
|
2) N70°43'28"E, a distance of 728.71 feet to a 1/2-inch iron |
|
rod found for an angle point hereof, |
|
3) N69°06'10"E, a distance of 90.47 feet to a 1/2-inch iron |
|
rod found for an angle point hereof, and |
|
4) N71°06'42"E, a distance of 61.67 feet to a 1/2-inch iron |
|
rod with "Ward-5811" cap set for the northeast corner hereof, being |
|
an angle point in the west right-of-way line of Mel Mathis Boulevard |
|
(right-of-way width varies), partially dedicated in Document |
|
No. 2014077239 (O.P.R.W.C.T.), and being the northeast corner of |
|
said Lot 2; |
|
THENCE, with the west right-of-way line of said Mel Mathis |
|
Boulevard and the east line of said Lot 2, the following three (3) |
|
courses and distances: |
|
1) S20°36'40"E, a distance of 1,117.48 feet to a 1/2-inch |
|
iron rod with "Ward-5811" cap set for an angle point hereof, |
|
2) S20°26'00"E, a distance of 27.68 feet to a 1/2-inch iron |
|
rod with "Ward-5811" cap set for an angle point hereof, and |
|
3) S20°29'52"E, a distance of 128.25 feet to a 1/2-inch iron |
|
rod with "Ward-5811" cap set for an angle point hereof; |
|
THENCE, with the east line of said Lot 2, in part being the west |
|
right-of-way line of Mel Mathis Boulevard, and in part being the |
|
west line of a called 3.827 acre tract conveyed to the City of |
|
Leander, Texas in Document No. 2014005725 (O.P.R.W.C.T.), |
|
S20°28'10"E, a distance of 493.39 feet to a 1/2-inch iron rod with |
|
"Ward-5811" cap set for an angle point hereof and being an angle |
|
point in the common line of said Lot 2 and said 3.827 acre tract; |
|
THENCE, continuing with the common line of said Lot 2 and said 3.827 |
|
acre tract, the following seven (7) courses and distances: |
|
1) S22°49'04"E, a distance of 50.01 feet to a 1/2-inch iron |
|
rod with "Ward-5811" cap set for an angle point hereof, |
|
2) S16°12'32"E, a distance of 67.74 feet to a 1/2-inch iron |
|
rod with "Ward-5811" cap set for an angle point hereof, |
|
3) S21°18'20"E, a distance of 61.32 feet to a 1/2-inch iron |
|
rod with "Ward-5811" cap set for an angle point hereof, |
|
4) S20°56'16"E, a distance of 136.77 feet to a 1/2-inch iron |
|
rod with "Ward-5811" cap set for an angle point hereof |
|
5) S21°13'59"E, a distance of 70.93 feet to a 1/2-inch iron |
|
rod with "Ward-5811" cap set for an angle point hereof, |
|
6) S25°02'37"E, a distance of 366.51 feet to a Mag nail with |
|
"4Ward Boundary" washer set for an angle point hereof, and |
|
7) S24°25'23"W, a distance of 17.00 feet to a calculated |
|
point for southeast corner hereof, from which a 1/2-inch iron rod |
|
found for an angle point in the common line of said Lot 2 and said |
|
3.827 acre tract bears S24°25'23"W, a distance of 33.09 feet; |
|
THENCE, over and across said Lot 2, the following twenty-five (25) |
|
courses and distances: |
|
1) N50°07'41"W, a distance of 60.74 feet to a calculated |
|
point for an angle point hereof, |
|
2) N73°38'59"W, a distance of 66.59 feet to a calculated |
|
point for an angle point hereof, |
|
3) N01°56'09"E, a distance of 123.08 feet to a calculated |
|
point for an angle point hereof, |
|
4) N57°13'47"W, a distance of 201.97 feet to a calculated |
|
point for an angle point hereof, |
|
5) N26°00'29"W, a distance of 171.59 feet to a calculated |
|
point for an angle point hereof, |
|
6) N54°28'17"W, a distance of 188.91 feet to a calculated |
|
point for an angle point hereof, |
|
7) N64°34'23"W, a distance of 73.26 feet to a calculated |
|
point for an angle point hereof, |
|
8) S70°35'47"W, a distance of 116.88 feet to a calculated |
|
point for an angle point hereof, |
|
9) N85°17'49"W, a distance of 101.63 feet to a calculated |
|
point for an angle point hereof, |
|
10) N64°04'31"W, a distance of 40.75 feet to a calculated |
|
point for an angle point hereof, |
|
11) N23°03'16"W, a distance of 40.58 feet to a calculated |
|
point for an angle point hereof, |
|
12) N23°06'23"E, a distance of 108.63 feet to a calculated |
|
point for an angle point hereof, |
|
13) N38°35'17"W, a distance of 36.64 feet to a calculated |
|
point for an angle point hereof, |
|
14) N82°04'13"W, a distance of 84.65 feet to a calculated |
|
point for an angle point hereof, |
|
15) N67°25'14"W, a distance of 33.59 feet to a calculated |
|
point for an angle point hereof, |
|
16) N28°42'54"W, a distance of 32.70 feet to a calculated |
|
point for an angle point hereof, |
|
17) N66°18'33"W, a distance of 60.73 feet to a calculated |
|
point for an angle point hereof, |
|
18) S58°21'10"W, a distance of 86.21 feet to a calculated |
|
point for an angle point hereof, |
|
19) S46°19'59"W, a distance of 131.18 feet to a calculated |
|
point for an angle point hereof, |
|
20) S57°26'06"W, a distance of 63.53 feet to a calculated |
|
point for an angle point hereof, |
|
21) N80°03`30"W, a distance of 169.03 feet to a calculated |
|
point for an angle point hereof, |
|
22) N51°26'55"W, a distance of 123.90 feet to a calculated |
|
point for an angle point hereof, |
|
23) N35°13'10"W, a distance of 149.36 feet to a calculated |
|
point for an angle point hereof, |
|
24) N18°38'44"W, a distance of 183.61 feet to a calculated |
|
point for an angle point hereof, |
|
25) N32°05'59"W, a distance of 222.61 feet to a calculated |
|
point for an angle point hereof, said point being in the east |
|
right-of-way line of said Railroad, and being in the west line of |
|
said Lot 2, from which a 1/2-inch iron rod with "Ward-5811" cap set |
|
in the common line of said Lot 2 and said Railroad, for the |
|
northwest corner of a called 0.548 acre right-of-way dedication |
|
conveyed in Document No. 2014003534 (O.P.R.W.C.T.), bears |
|
S21°06'14"E, a distance of 930.19 feet; |
|
THENCE, with the east right-of-way line of said Railroad and the |
|
west line of said Lot 2, N21°06'14"W, a distance of 779.40 feet to |
|
the POINT OF BEGINNING, and containing 45.3395 Acres (1,974,990 |
|
Square Feet) more or less. |
|
SECTION 3. (a) Subtitle C, Title 4, Special District Local |
|
Laws Code, is amended by adding Chapter 3992 to read as follows: |
|
CHAPTER 3992. NEW WAVERLY MUNICIPAL MANAGEMENT DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 3992.0101. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "City" means the City of New Waverly, Texas. |
|
(3) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(4) "Director" means a board member. |
|
(5) "District" means the New Waverly Municipal |
|
Management District No. 1. |
|
Sec. 3992.0102. CREATION AND NATURE OF DISTRICT. The |
|
district is a special district created under Sections 52 and 52-a, |
|
Article III, and Section 59, Article XVI, Texas Constitution. |
|
Sec. 3992.0103. PURPOSE; LEGISLATIVE FINDINGS. (a) 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 |
|
chapter. By creating the district and in authorizing the city 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. |
|
(b) The creation of the district is necessary to promote, |
|
develop, encourage, and maintain employment, commerce, |
|
transportation, housing, tourism, recreation, the arts, |
|
entertainment, economic development, safety, and the public |
|
welfare in the district. |
|
(c) This chapter and the creation of the district may not be |
|
interpreted to relieve the city from providing the level of |
|
services provided to the area in the district as of the effective |
|
date of the Act enacting this chapter. The district is created to |
|
supplement and not to supplant the city services provided in the |
|
district. |
|
Sec. 3992.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
|
(a) The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from 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 chapter. |
|
(c) The district is created to accomplish the purposes of a |
|
municipal management district as provided by general law and |
|
Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
|
Texas Constitution. |
|
(d) The creation of the district is in the public interest |
|
and is essential to: |
|
(1) further the public purposes of developing and |
|
diversifying the economy of the state; |
|
(2) eliminate unemployment and underemployment; |
|
(3) develop or expand transportation and commerce; and |
|
(4) provide quality residential housing. |
|
(e) The district will: |
|
(1) promote the health, safety, and general welfare of |
|
residents, employers, potential employees, employees, visitors, |
|
and consumers in the district, and of the public; |
|
(2) provide needed funding for the district to |
|
preserve, maintain, and enhance the economic health and vitality of |
|
the district territory as a community and business center; |
|
(3) 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 beauty; |
|
and |
|
(4) provide for water, wastewater, drainage, road, and |
|
recreational facilities for the district. |
|
(f) Pedestrian ways along or across a street, whether at |
|
grade or above or below the surface, and street lighting, street |
|
landscaping, parking, and street art objects are parts of and |
|
necessary components of a street and are considered to be a street |
|
or road improvement. |
|
(g) The district will not act as the agent or |
|
instrumentality of any private interest even though the district |
|
will benefit many private interests as well as the public. |
|
Sec. 3992.0105. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3(b) of the Act |
|
enacting this chapter, as that territory may have been modified |
|
under other law. |
|
(b) The boundaries and field notes contained in Section 3(b) |
|
of the Act enacting this chapter form a closure. A mistake in the |
|
field notes or in copying the field notes in the legislative process |
|
does not affect the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to contract; |
|
(3) authority to borrow money or issue bonds or other |
|
obligations or to pay the principal and interest of the bonds or |
|
other obligations; |
|
(4) right to impose or collect an assessment, or |
|
collect other revenue; or |
|
(5) legality or operation. |
|
Sec. 3992.0106. APPLICABILITY OF MUNICIPAL MANAGEMENT |
|
DISTRICTS LAW. Except as otherwise provided by this chapter, |
|
Chapter 375, Local Government Code, applies to the district. |
|
Sec. 3992.0107. CONSTRUCTION OF CHAPTER. This chapter |
|
shall be liberally construed in conformity with the findings and |
|
purposes stated in this chapter. |
|
Sec. 3992.0108. CONFLICTS OF LAW. This chapter prevails |
|
over any provision of Chapter 375, Local Government Code, that is in |
|
conflict or inconsistent with this chapter. |
|
Sec. 3992.0109. CONSENT OF MUNICIPALITY REQUIRED. The |
|
board may not hold an election to authorize the issuance of bonds |
|
until the governing body of the city by ordinance or resolution |
|
consents to the creation of the district and to the inclusion of |
|
land in the district. The city's consent must be granted in the |
|
manner provided by Section 54.016, Water Code, for including land |
|
within the corporate limits or extraterritorial jurisdiction of a |
|
city. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 3992.0201. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five directors who serve staggered terms of |
|
four years, with two or three directors' terms expiring June 1 of |
|
each even-numbered year. |
|
(b) The governing body of the city, by a majority vote, |
|
shall appoint one member of the board. |
|
(c) The commission shall appoint four members of the board |
|
in the manner provided by Section 3992.0202. |
|
Sec. 3992.0202. APPOINTMENT BY COMMISSION. (a) Before the |
|
term of a director appointed by the commission expires, the board |
|
shall recommend to the commission a person to serve as a successor |
|
director. The commission shall appoint as director the person |
|
recommended by the board. |
|
(b) A person recommended by the board under Subsection (a) |
|
must be: |
|
(1) at least 18 years of age; |
|
(2) an owner of property in the district; |
|
(3) an owner of stock, whether beneficial or |
|
otherwise, of a corporate owner of property in the district; |
|
(4) an owner of a beneficial interest in a trust that |
|
owns property in the district; or |
|
(5) an agent, employee, or tenant of a person |
|
described by Subdivision (2), (3), or (4). |
|
Sec. 3992.0203. VACANCY. (a) Except as provided by |
|
Subsection (b), if a vacancy occurs on the board, the remaining |
|
directors shall appoint a director for the remainder of the |
|
unexpired term. |
|
(b) If a vacancy occurs in the position of the board member |
|
appointed by the city, the city shall appoint a director for the |
|
remainder of the unexpired term. |
|
Sec. 3992.0204. COMPENSATION; EXPENSES. (a) The district |
|
may compensate each director in an amount not to exceed $150 for |
|
each board meeting. The total amount of compensation a director may |
|
receive each year may not exceed $7,200. |
|
(b) A director is entitled to reimbursement for necessary |
|
and reasonable expenses incurred in carrying out the duties and |
|
responsibilities of the board. |
|
Sec. 3992.0205. INITIAL DIRECTORS. (a) On or after the |
|
effective date of the Act enacting this chapter, the owner or owners |
|
of a majority of the assessed value of the real property in the |
|
district according to the most recent certified tax appraisal rolls |
|
for the county may submit a petition to the commission requesting |
|
that the commission appoint as initial directors four persons named |
|
in the petition. The commission shall appoint as initial directors |
|
the persons named in the petition. |
|
(b) The initial directors, including the initial |
|
city-appointed director, shall determine by lot which three |
|
positions expire June 1, 2024, and which two positions expire June |
|
1, 2022. |
|
(c) This section expires September 1, 2025. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 3992.0301. GENERAL POWERS AND DUTIES. The district |
|
has the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 3992.0302. IMPROVEMENT PROJECTS AND SERVICES. The |
|
district may provide, design, construct, acquire, improve, |
|
relocate, operate, maintain, or finance an improvement project or |
|
service using money available to the district for the purpose, or |
|
contract with a governmental or private entity to provide, design, |
|
construct, acquire, improve, relocate, operate, maintain, or |
|
finance an improvement project or service authorized under this |
|
chapter or Chapter 375, Local Government Code. |
|
Sec. 3992.0303. LOCATION OF IMPROVEMENT PROJECT. A |
|
district improvement project may be located inside or outside of |
|
the district. |
|
Sec. 3992.0304. NO EMINENT DOMAIN. The district may not |
|
exercise the power of eminent domain. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 3992.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. 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. 3992.0402. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
|
The district may acquire, construct, or finance an improvement |
|
project or service authorized by this chapter or Chapter 375, Local |
|
Government Code, using any money available to the district for that |
|
purpose. |
|
SUBCHAPTER E. TAXES AND BONDS |
|
Sec. 3992.0501. OPERATION AND MAINTENANCE TAX. The |
|
district may impose an operation and maintenance tax on taxable |
|
property in the district for any district purpose in the manner |
|
provided by Section 49.107, Water Code, if authorized by a majority |
|
of the district voters voting at an election held in accordance with |
|
the Water Code, the Election Code, and any other applicable law, |
|
including for: |
|
(1) maintaining and operating the district; |
|
(2) constructing or acquiring improvements; or |
|
(3) providing a service. |
|
Sec. 3992.0502. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
|
the time bonds or other obligations payable wholly or partly from ad |
|
valorem taxes are issued: |
|
(1) the board shall impose a continuing direct annual |
|
ad valorem tax for each year that all or part of the bonds are |
|
outstanding; and |
|
(2) the board annually shall impose an ad valorem tax |
|
on all taxable property in the district in an amount sufficient to: |
|
(A) pay the interest on the bonds or other |
|
obligations as the interest becomes due; and |
|
(B) create a sinking fund for the payment of the |
|
principal of the bonds or other obligations when due or the |
|
redemption price at any earlier required redemption date. |
|
(b) The New Waverly Municipal Management District No. 1 |
|
initially includes all the territory contained in the following |
|
area: |
|
Tract 1 - 101.605 Acres: |
|
FIELDNOTES TO 101.605 ACRES OF LAND AS SITUATED IN THE CITY OF |
|
NEW WAVERLY, IN THE C. A. SLEIGHT SURVEY, A-496, WALKER COUNTY, |
|
TEXAS, AND BEING OUT OF THAT CERTAIN CALLED 132.629 ACRE TRACT |
|
CONVEYED BY JOE T. HODDE, TRUSTEE, TO HMH-WALKER 140 LIMITED BY DEED |
|
RECORDED IN VOLUME 255, PAGE 1 OF THE DEED RECORDS OF SAID COUNTY. |
|
SAID 101.605 ACRES BEING MORE PARTICULARY DESCRIBED BY METES AND |
|
BOUNDS AS FOLLOWS: |
|
BEGINNING at a 1/2 inch iron rod set for the north corner of this and |
|
of said 132.629 acres on the southwest right-of-way of State |
|
Highway 150, same being the east corner of the Emma Reese 1.0 acre |
|
tract described in Volume 265, Page 625 of said deed records; |
|
THENCE: S 59° 58' E 647.74 Ft., with said southwest right-of-way, to |
|
a 1/2 inch iron rod set for an exterior corner of this tract, same |
|
being the north corner of proposed New Waverly Ridge II Commercial |
|
Lot 4; |
|
THENCE: S 30° 02' W 600.00 Ft., on a line within said 132.629 acres |
|
and with the northwest line said Lot 4 to its west corner, a 1/2 inch |
|
iron rod set for an interior corner of this tract; |
|
THENCE: S 59° 58' E 300.00 Ft., continuing within said 132.629 acres |
|
and with the southwest line of said Lot 4 to its south corner, a 1/2 |
|
inch iron rod set for an interior corner of this tract; |
|
THENCE: N 30° 02' E 600,00 Ft., continuing within said 132.629 acres |
|
and with the southeast line of said Lot 4 to its east corner, a 1/2 |
|
inch iron rod set for an exterior corner of this tract on the |
|
northeast line of said 132.629 acres, same being on the southwest |
|
right-of-way of said State Highway 150; |
|
THENCE: S 59° 58' E 669.60 Ft., with said southwest right-of-way and |
|
132.629 acre northeast line, to a 1/2 inch iron rod set for an |
|
exterior corner of this tract, same being the north corner of |
|
proposed New Waverly Ridge II Commercial Lot 1; |
|
THENCE: S 30° 02' W 600.00 Ft., on a line within said 132.629 acres |
|
and with the northwest line of said Lot 1 to its west corner, a 1/2 |
|
inch iron rod set for an interior corner of this tract; |
|
THENCE: S 59° 58' E 836.94 Ft., continuing within said 132.629 acres |
|
and with the southwest lines of said Lot 1, of New Waverly Ridge |
|
Commercial Lot 2 as shown on plat recorded in Volume 3, Page 130 of |
|
the plat records of said county and of New Waverly Ridge Commercial |
|
Lot 3, as shown on plat recorded in Volume 3, Page 154 of said plat |
|
records to a 1/2 inch iron rod set for an interior corner of this |
|
tract, same being the south corner of said New Waverly Ridge Lot.3; |
|
THENCE: N 30° 02' E 591.12 Ft., continuing on said 132.629 acres and |
|
with the southeast lines of said New Waverly Ridge Lot 3 to its east |
|
corner, a 1/2 inch iron rod set for an exterior corner of this tract |
|
on the southwest right-of-way of said State Highway 150, same being |
|
on the northeast line of said 132.629 acres; |
|
THENCE: S 58° 03° E 80.04 Ft., with said southwest right-of-way and |
|
being 132.629 acre northeast line, to a 1/2 inch iron rod set for |
|
the upper east corner of this tract, same being the north corner of |
|
the proposed New Waverly Ridge Commercial Lot 4; |
|
THENCE: N 30° 02' W 588.44 Ft., on a line within said 132.629 acres |
|
and with the northwest line of said New Waverly Ridge Lot 4 to its |
|
west corner, a 1/2 inch iron rod set for an interior corner of this |
|
tract; |
|
THENCE: S 59° 58' E 286.28 Ft., continuing within said 132.629 acres |
|
and with the southwest line of said Lot 4 to its south corner, a 1/2 |
|
inch iron rod set for the east corner of this tract on the northwest |
|
line of New Waverly Ridge Commercial Lot 1 as shown on plat recorded |
|
in Vole 3, Page 130 of said plat records; |
|
THENCE: S 16° 03' W 516.29 Ft., continuing within said 132.629 acres |
|
and with said Lot 1 northwest line to its west corner, a 1/2 inch |
|
iron rod set for the lower east corner of this tract on the |
|
southeast line of said 132.629 acres, same being on the northwest |
|
right-a-way of Longstreet Road; |
|
THENCE: With said 132.629 acre southeast line and Longstreet Road |
|
northwest right-of-way as follows: |
|
S 81° 03' W 45.11 Ft. |
S 80° 05' W 216.95 Ft. |
|
|
S 77° 48' W 222.57 Ft. |
S 75° 05' W 122.55 Ft. |
|
|
to a 1/2 inch iron rod set for an exterior corner of this tract, same |
|
being the east corner of the Southwestern Bell Telephone Company |
|
0.057 acre tract described in Volume 423, Page 556 of said deed |
|
records; |
|
THENCE: N 10° 43' W 50.00 Ft., on a line within said 132.629 acres |
|
and with the northeast line of said 0.057 acre to its north corner, |
|
a 1/2 inch iron rod set for an interior corner of this tract; |
|
THENCE: S 75° 05' W 50.00 Ft., continuing within said 132.629 acres |
|
and with the northwest line of said 0.057 acre to its west corner, a |
|
1/2 inch iron rod set for an interior corner of this tract; |
|
THENCE: S 10° 43' E 50.00 Ft., continuing within said 132.629 acres |
|
and with the southwest line of said 0.057 acre to its south corner, |
|
a concrete monument found for exterior corner of this tract on the |
|
southeast line of said 132.629 acres, same being on the northwest |
|
right-of-way of said Longstreet Road; |
|
THENCE: S 74° 19' W 472.13 Ft. and S 68° 33' W 147.67 Ft., with said |
|
132.629 acre southeast line and Longstreet Road northwest |
|
right-of-way, to a 3 inch iron pipe found for the south corner of |
|
this and of said 132.629 acres, same being the east corner of the |
|
Western Grove Missionary Baptist Church tract which no deed of |
|
record was located; |
|
THENCE: N 24° 49' W 170.48 Ft, with the northeast line of said church |
|
tract to its north corner, a 1/2 inch iron rod set for an interior |
|
corner of this tract; |
|
THENCE: S 53° 09' W 157.03 Ft., with the northwest line of said |
|
church tract to its west corner, a 1/2 inch iron rod set for an |
|
exterior corner of this tract on the northeast line of Fritz Kelly |
|
2.0 acre tract described in Volume 123, Page 716 of said deed |
|
records; |
|
THENCE: N 60° 07' W 1003.34 Ft., with the southwest line of said |
|
132.629 acres and the northeast lines of said 2.0 acres, of the |
|
Jimmie Cain Jr. 5.89 acre tract described in Volume 252, Page 75 of |
|
the official records of said county, of the Jourdon Sanders 1.0 acre |
|
tract described in Volume 395, Page 899 of said deed records and of |
|
the Mildred Harris 1.07 acre tract described in Volume 227, Page 285 |
|
of said deed records, to a 1 inch iron pipe found for an exterior |
|
corner of this tract, same being the south corner of the City of New |
|
Waverly 2.8708 acre tract described in Volume 425, Page 874 of said |
|
deed records; |
|
THENCE: N 29° 55' E 304.96 Ft., with the southeast line of said |
|
2.8708 acres to its east corner, a 1 inch iron pipe found for an |
|
interior corner of this tract; |
|
THENCE: N 60° 07' W 409.90 Ft., with the northeast line of said |
|
2.8708 acres to its north comer, a 1 inch iron pipe found for an |
|
interior corner of this tract; |
|
THENCE: S 29° 51' W 304.96 Ft., with the northwest line of said |
|
2.8708 acres to its west corner, a 1 inch iron pipe found for an |
|
exterior corner of this tract on the southwest line of said 132.629 |
|
acres, same being on the northeast line of the Roy Clark 2.44 acre |
|
tract described in Volume 311, Page 569 of said deed records; |
|
THENCE: N 60° 07' W 389.41 Ft., with said 132.629 acre southwest line |
|
and the northeast lines of said 2.44 acres and of the Patricia L. |
|
Crowley 0.771 acre described as Tract One in Volume 248, Page 497 of |
|
said official records, to a 1/2 inch iron rod set for an exterior |
|
corner of this and of said 132.629 acres on the northeast |
|
right-of-way of Interstate Highway 45, same being the north corner |
|
of said 0.771 acre; |
|
THENCE: N 11° 12' W 46.73 Ft., with said northeast right-of-way, to a |
|
1/2 inch iron pipe found for the west corner of this and of said |
|
132.629 acres, same being the south corner of the Patricia L. |
|
Crowley 2.559 acres described as Tract Two in Volume 248, Page 497 |
|
of said official records; |
|
THENCE: N 30° 27' E 507.40 Ft., with the southeast line of said 2.559 |
|
acres to its east corner, a 1/2 inch iron rod found for an interior |
|
corner of this and of said 132.629 acres, same being the south |
|
corner of the Artie L. Moses, et. al., residue of a 15 acre tract |
|
described in Volume 272, Page 667 of said official records; |
|
THENCE: N 29° 57' E 542.03 Ft., with the southeast line of said |
|
residue of 15 acres to its east corner, a 5/8 inch iron rod found for |
|
an interior corner of this and of said 132.629 acres, same being the |
|
south corner of the Ned Jourdan 3.842 acre tract described in Volume |
|
390, Page 640 of said deed records; |
|
THENCE: N 29° 47' E 960.15 Ft., with the southeast lines of said |
|
3.842 acres, of the Frances Gi1laspie 1.50 acre tract described in |
|
Volume 162, Page 85 of said deed records and of said Reese 1.0 acre, |
|
to the PLACE OF BEGINNING AND CONTAINING WITHIN THESE BOUNDS |
|
101.605 ACRES OF LAND. |
|
TRACT 2: |
|
Being 1.07 acres of land, situated in the C.A. SLEIGHT Survey, |
|
Abstract No. 496, Walker County, Texas, and being out of and a part |
|
of the residue of a called 15.00 acre tract of land described in a |
|
Deed Deed from Isom Mickle, et ux. to Lucretia Moses dated 17 Nov. |
|
1925 and recorded in Volume 56, Page 147, Deed Records, Walker |
|
County, Texas, said 1.07 acres being more definitely described by |
|
metes and bounds as follows: |
|
BEGINNING at the most westerly corner of the said 15 acre tract, |
|
same being a northern corner of a called 523.55 acre tract described |
|
in a Deed from John Henry Hall et al to Judy C. Campbell recorded in |
|
Volume 0861, Page 140, Official Records and being a point in the |
|
southeastern line of a called 3.76 acre tract described in a Deed |
|
from Joan Lee, Trustee to Ralph A. Cadwallader, recorded in Volume |
|
0787, Page 501, Official Records, Walker County, Texas, found a 3" |
|
iron pipe (set a 5/8" iron rod w/cap in center of pipe) for corner; |
|
THENCE S 59°36'04" E along the common boundary line of said 523.55 |
|
acre Campbell tract and the said 15 acre Moses tract, a distance of |
|
286.28 feet to a 5/8" iron rod set in the west right-of-way line of |
|
Interstate 45, said iron rod being the most southern corner of the |
|
herein described 1.07 acre and the southwest corner of a called 7.43 |
|
acre tract described in a Deed from Lucretia Moses to the State |
|
Highway Commission, dated 5 Aug. 1958 and recorded in Volume 161, |
|
Page 111, Deed Records, Walker County, Texas; |
|
THENCE N 11°07'21" W along the said west right-of-way line of |
|
Interstate 45, a distance of 435.60 feet to the most northern corner |
|
of the herein described 1.07 acre tract, same being a southeast |
|
corner of the said 3.76 acre Cadwallader tract, set a 5/8" iron rod |
|
w/cap, from which a 1/2" iron rod bears S 29°57'48" W a distance of |
|
1.62 feet, and a 5/8" iron rod w/cap brs. N 11°46'38" W a distance of |
|
79.19 feet; |
|
THENCE S 29°57'48" W along the common boundary line of the said 3.76 |
|
acre Cadwallader tract and the said 15 acre Moses tract, a distance |
|
of 326.15 feet to the POINT OF BEGINNING. |
|
Containing 1.07 acres of land. |
|
TRACT 3: |
|
Being 6.56 acres of land, situated in the C.A. SLEIGHT Survey, |
|
Abstract No. 496, Walker County, Texas, and being out of and a part |
|
of the residue of a called 15.00 acre tract of land described in a |
|
Deed from Isom Mickle, et ux. to Lucretia Moses dated 17 Nov. 1925 |
|
and recorded in Volume 56, Page 147, Deed Records, Walker County, |
|
Texas, said 6.56 acres being more definitely described by metes and |
|
bounds as follows: |
|
BEGINNING at the most southern corner of the said 15 acre tract, |
|
same being the most eastern corner of a called 2.559 acre tract |
|
described as Tract 2 in a deed dated 29 March 1995 from Martin J. |
|
Ross III, et al to Patricia L. Crowley, recorded in Volume 0248, |
|
Page 497, Official Records, and a point in the west line of a called |
|
101.65 acre tract described in a Deed dated 26 April 2006 from |
|
HMH-Walker 140 Limited to Thornberry Family Partnership, recorded |
|
in Volume 0745, Page 678, Official Records, found a 1/2" iron rod |
|
for corner; |
|
THENCE N 30°01'04" W along an old barbed wire fence and with the |
|
common line of said 101.65 acre Thornberry and the 15 acre Moses |
|
tracts, a distance of 398.88 feet to a 5/8" iron rod set for the most |
|
easterly corner of the said Moses tract, said iron rod also being |
|
the south corner of called 1 acre tract described in a deed to Emma |
|
Reece and recorded in Volume 273, Page 702, Deed Records and from |
|
which a iron stake found (disturbed) brs S 60°38'04" E distance of |
|
1.89 feet and a found 5/8" iron rod w/cap brs. N 30°01'04"E a |
|
distance of 143.36 feet; |
|
THENCE N 60°38'04 W along the common line of said 1 acre Reece and 15 |
|
acre Moses tracts, at a calculated distance of 285 feet pass the |
|
southwest corner of said 1 acre Reece tract, same being the |
|
southeast corner of a called 1 acre tract described in a deed to |
|
Carolyn Anderson and recorded in Volume 389, Page 642, Deed |
|
Records, and continuing on a total distance of 570 feet to a found |
|
3/8"x2" flat iron stake (set a 5/8" iron rod w/cap beside) for a |
|
reentrant corner of the said 15 acre Moses tract and the most |
|
westerly corner of said 1 acre Anderson tract; |
|
THENCE N 29°21'56" E with the common boundary line of the 1 acre |
|
Anderson tract and the 15 acre Moses tract, a distance of 142.33 to |
|
a 5/8" iron rod set for corner, said iron rod being the northwest |
|
corner of said 1 acre Anderson tract and a point in the south line of |
|
a 2 acre tract described in a deed to Lula Rogers, et al, and |
|
recorded in Volume 83, Page 596, Deed Records, Walker County, |
|
Texas; |
|
THENCE N 60°44'12" W along common line of said 2 acre Rogers and 15 |
|
acre Moses tracts, at a distance of 97.32 feet pass a found 5"x 3.5" |
|
wagon axle housing for the west corner of said 2 acre Rogers tract |
|
and the south corner of the residue a called 7 acre tract described |
|
in a deed to Harrison Hector and recorded in Volume 83, Page 595, |
|
Deed Records, and continuing on for a total distance of 338.96 to a |
|
set 5/8" iron rod for the most north corner of the herein described |
|
tract, said iron rod being in the east right-of-way of said |
|
Interstate 45 and being the southern corner of a called 2.67 acre |
|
tract described in a deed to the State Highway Commission and |
|
recorded in Volume 161, Page 161, Deed Records, Walker County, |
|
Texas; |
|
THENCE S 11°09'E with the said east right-of-way line of Interstate |
|
45 a distance of 716.09 feet to a point for corner, said point being |
|
in the southwest line of the said 15 acre tract and being the most |
|
northern corner of the said Crowley 2.559 acre tract and from which |
|
the center of a 3" galvanized fence post brs S 63°43'36"E a distance |
|
of 0.42 feet, a 1/2" iron pipe (disturbed) brs S58°20'05"W a |
|
distance of 1.06 feet and a 5/8" iron rod with cap (set for |
|
reference) brs N 72° W a distance of 0.21 feet; |
|
THENCE S 61°07'56" W with the common line of said 2.559 acre P. |
|
Crowley and 15 acre Moses tracts, a distance of 439.22 feet to the |
|
PLACE OF' BEGINNING. |
|
Containing 6.56 acres of land. |
|
Tract 4 - 4.846 ACRES: |
|
A tract or parcel of land containing 4.846 acres (211,071 square |
|
feet) out of the C.A. Sleight 1/3 League, Abstract No. 496, Walker |
|
County, Texas, being all of the called 3.842 acre tract and all of |
|
the called 1.000 acre tract conveyed to Ned Jordan, Jr., as recorded |
|
in Volume 390, Page 640 of the Walker County Deed Records |
|
(W.C.D.R.), said 4.846 acres being more particularly described by |
|
metes and bounds as follows: (The basis of bearing for this |
|
description is the monumented north line of the subject tract |
|
called SOUTH 61 degrees 05 minutes 45 seconds EAST, as recorded in |
|
said Volume 390, Page 640) |
|
BEGINNING at a 1/2-inch iron rod found at the northwest corner of |
|
said 1.000 acre tract and the northwest corner of the herein |
|
described tract, being the northeast corner of the 2 acre tract |
|
conveyed to Edward Crawford, as recorded in Volume 83, Page 596 of |
|
the W.C.D.R., and the southwest corner of the 1.50 acre tract |
|
conveyed to Frances Gillaspie, as recorded in Volume 162, Page 85 of |
|
the W.C.D.R., lying at the terminus of Colony Road; |
|
THENCE SOUTH 61 degrees 05 minutes 45 seconds EAST along the south |
|
line of said 1.50 acre tract, at 264.05 feet passing a 5/8-inch iron |
|
rod found at the northeast corner of said 1.000 acre tract and |
|
continuing for a total distance of 473.50 feet to a 5/8-inch iron |
|
rod found at the northeast corner of the herein described tract; |
|
THENCE SOUTH 29 degrees 32 minutes 14 seconds WEST, 444.11 feet |
|
(called S 29 Deg. 37'03" W, 444.12') along the west line of the |
|
101.605 acre tract conveyed to the Thornberry Family Partnership, |
|
Ltd., as recorded in Volume 776, Page 655 of the Official Public |
|
Records of Walker County (O.P.R.W.C.), to a 5/8-inch iron rod found |
|
at the southeast corner of the herein described tract; |
|
THENCE NORTH 61 degrees 05 minutes 45 seconds WEST, 477.09 feet |
|
(called 476.47') along the north lines of a 1 acre tract, described |
|
as a save & except tract to Emma Reese and another 1 acre tract |
|
conveyed to Carolyn Anderson, as recorded in Volume 389, Page 642 of |
|
the W.C.D.R., to a 5/8-inch iron rod found at the southwest corner |
|
of the herein described tract; |
|
THENCE NORTH 30 degrees 00 minutes 00 seconds EAST along the east |
|
line of said 2 acre Crawford tract, at 279.16 feet passing the |
|
southwest corner of said 1.000 acre Jordan tract, and continuing |
|
for a total distance of 444.17 feet to the POINT OF BEGINNING of the |
|
herein described tract, containing 4.846 acres (211,071 square |
|
feet) of land. Drawing No. B-502 was prepared to accompany this |
|
description, and is on file in the office of C&R Surveying, Inc. |
|
Tract 5: |
|
Field Notes to 3.285 acres of land situated in the City of New |
|
Waverly, in the C.A. Sleight Survey, A-496, Walker County, Texas, |
|
and being out of the 124.818 acres residue of that certain called |
|
132.629 acres tract conveyed by Joe. T. Hode, Trustee, to HMW-I40 |
|
Walker Limited by deed recorded in volume 253, page 1 of the deed |
|
records of said Walker County, Texas, said 3.285 acres being more |
|
particularly described by metes and bounds as follows; |
|
BEGINNING at a 5/8 inch iron rod found for the northeast corner of |
|
this and of said 124.818 acre residue tract, same being the |
|
northwest corner of the Earl Biscamp 3.00 acre tract described in |
|
Volume 338, Page 735 of the official records of said County and |
|
being on the south right of way of State Highway 150; |
|
THENCE: S 26°58' W 429.09 ft., with the west line of said 3.00 acres |
|
to its southwest corner, a 5/8 inch iron rod found for an interior |
|
corner of this tract, same being the northwest corner of commercial |
|
lot 1 of New Waverly Ridge Subdivision as shown on plat recorded in |
|
Volume 3, Page 130 of the plat records of said County; |
|
THENCE: S 16°03' W 157.08 ft., with the west line of said Lot 1, to a |
|
1/2 inch iron rod set for the southeast corner of this tract; |
|
THENCE: N 59°58' W 286.28 ft., on a line within said 132.629 acres, |
|
to a 1/2 inch iron rod set for the southwest corner of this tract; |
|
THENCE: N 30°02' W 588.44 ft., continuing within said 132.629 acres, |
|
to a 1/2 inch iron rod set for the northwest corner of this tract on |
|
the south right of way of State Highway 150, same being the north |
|
line of said 132.629 acres; |
|
THENCE: S 58°03' E 225.49 ft., with said north line and south right |
|
of way, to the place of beginning and containing within these bounds |
|
3.285 acres of land. |
|
SECTION 4. (a) The legal notice of the intention to file |
|
bills creating each district described by 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 under Section |
|
59, Article XVI, Texas Constitution, and Chapter 313, Government |
|
Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and a copy of a bill to create each district |
|
described by this Act to the Texas Commission on Environmental |
|
Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to each bill to create each district |
|
described by this Act with the governor, the lieutenant governor, |
|
and the speaker of the house of representatives within the required |
|
time. |
|
(d) 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 each bill to create each |
|
district described by this Act are fulfilled and accomplished. |
|
SECTION 5. This Act takes effect January 1, 2022. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 4638 was passed by the House on May |
|
14, 2021, by the following vote: Yeas 105, Nays 40, 2 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 4638 on May 28, 2021, by the following vote: Yeas 89, Nays 54, |
|
1 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 4638 was passed by the Senate, with |
|
amendments, on May 26, 2021, by the following vote: Yeas 31, Nays |
|
0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |