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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; granting a limited power of eminent |
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domain. |
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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 4013 to read as follows: |
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CHAPTER 4013. PURA VIDA MUNICIPAL MANAGEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 4013.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Mustang Ridge. |
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(3) "Director" means a board member. |
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(4) "District" means the Pura Vida Municipal |
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Management District No. 1. |
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Sec. 4013.0102. NATURE OF DISTRICT. The Pura Vida |
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Municipal Management District No. 1 is a special district created |
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under Section 59, Article XVI, Texas Constitution. |
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Sec. 4013.0103. PURPOSE; DECLARATION OF INTENT. (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, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the 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. 4013.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) All land and other property included in the district will |
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benefit from the improvements and services to be provided by the |
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district under powers conferred by Sections 52 and 52-a, Article |
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III, and Section 59, Article XVI, Texas Constitution, and other |
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powers 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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and |
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(4) provide for water, wastewater, drainage, road, and |
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recreational facilities for the district. |
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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 a street and are considered to be a street |
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or road 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. 4013.0105. 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. 4013.0106. 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; or |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code. |
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Sec. 4013.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS 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. 4013.0108. 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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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 4013.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors who serve staggered |
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terms of four years. |
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(b) Directors are elected in the manner provided by |
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Subchapter D, Chapter 49, Water Code. |
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Sec. 4013.0202. COMPENSATION; EXPENSES. (a) The district |
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may compensate each director in an amount not to exceed $150 for |
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each board meeting. The total amount of compensation for each |
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director in one year may not exceed $7,200. |
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(b) A director is entitled to reimbursement for necessary |
|
and reasonable expenses incurred in carrying out the duties and |
|
responsibilities of the board. |
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(c) Sections 375.069 and 375.070, Local Government Code, do |
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not apply to the board. |
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Sec. 4013.0203. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district according to the most recent certified county tax |
|
appraisal roll may submit a petition to the Texas Commission on |
|
Environmental Quality requesting that the commission appoint as |
|
temporary directors the five persons named in the petition. The |
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commission shall appoint as temporary directors the five persons |
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named in the petition. |
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(b) The temporary or successor temporary directors shall |
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hold an election to elect five permanent directors as provided by |
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Section 4013.0201. |
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(c) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Subsection (b); or |
|
(2) the fourth anniversary of the effective date of |
|
the Act enacting this chapter. |
|
(d) If permanent directors have not been elected under |
|
Subsection (b) and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (e) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Subsection (b); or |
|
(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(e) If Subsection (d) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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according to the most recent certified county tax appraisal roll |
|
may submit a petition to the Texas Commission on Environmental |
|
Quality requesting that the commission appoint as successor |
|
temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 4013.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 4013.0302. 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 |
|
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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Sec. 4013.0303. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
|
providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered to be a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code; and |
|
(2) may implement any project and provide any service |
|
authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
|
nonprofit corporation. The board of directors of the nonprofit |
|
corporation shall serve in the same manner as the board of directors |
|
of a local government corporation created under Subchapter D, |
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Chapter 431, Transportation Code, except that a board member is not |
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required to reside in the district. |
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Sec. 4013.0304. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, the district may contract with a qualified party, |
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including the city, to provide additional law enforcement services |
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in the district for a fee. |
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Sec. 4013.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
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The district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 4013.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district may engage in activities that accomplish the economic |
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development purposes of the district. |
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(b) The district may establish and provide for the |
|
administration of one or more programs to promote state or local |
|
economic development and to stimulate business and commercial |
|
activity in the district, including programs to: |
|
(1) make loans and grants of public money; and |
|
(2) provide district personnel and services. |
|
(c) The district may create economic development programs |
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and exercise the economic development powers provided to |
|
municipalities by: |
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(1) Chapter 380, Local Government Code; and |
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(2) Subchapter A, Chapter 1509, Government Code. |
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Sec. 4013.0307. 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 |
|
facilities, including lots, garages, parking terminals, or other |
|
structures or accommodations for parking motor vehicles off the |
|
streets and related appurtenances. |
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(b) The district's parking facilities serve the public |
|
purposes of the district and are owned, used, and held for a public |
|
purpose even if leased or operated by a private entity for a term of |
|
years. |
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(c) The district's parking facilities are parts of and |
|
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 |
|
facilities may be considered an economic development program. |
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Sec. 4013.0308. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of district money. |
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Sec. 4013.0309. ADDING OR EXCLUDING LAND. Except as |
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provided by Section 4013.0310, the district may add or exclude land |
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in the manner provided by Subchapter J, Chapter 49, Water Code, or |
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by Subchapter H, Chapter 54, Water Code. |
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Sec. 4013.0310. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
|
division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
|
may not, at the time the new district is created, contain any land |
|
outside the area described by Section 2 of the Act enacting this |
|
chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
|
the real property in the district, may adopt an order dividing the |
|
district. |
|
(e) An order dividing the district must: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint initial directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
|
between or among the new districts. |
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(f) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the Texas Commission on Environmental Quality and record the |
|
order in the real property records of each county in which the |
|
district is located. |
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(g) Any new district created by the division of the district |
|
must hold an election as required by this chapter to obtain voter |
|
approval before the district may impose a maintenance tax or issue |
|
bonds payable wholly or partly from ad valorem taxes. |
|
(h) Municipal consent to the creation of the district and to |
|
the inclusion of land in the district granted under Section |
|
4013.0506 acts as municipal consent to the creation of any new |
|
district created by the division of the district and to the |
|
inclusion of land in the new district. |
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Sec. 4013.0311. EMINENT DOMAIN. Subject to the limitations |
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provided by Section 54.209, Water Code, the district may exercise |
|
the power of eminent domain in the manner provided by Section |
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49.222, Water Code. |
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SUBCHAPTER D. ASSESSMENTS |
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Sec. 4013.0401. PETITION REQUIRED FOR FINANCING SERVICES |
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AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
|
service or improvement project with assessments under this chapter |
|
unless a written petition requesting that service or improvement |
|
has been filed with the board. |
|
(b) A petition filed under Subsection (a) must be signed by |
|
the owners of a majority of the assessed value of real property in |
|
the district subject to assessment according to the most recent |
|
certified county tax appraisal roll. |
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Sec. 4013.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
|
purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
|
resulting from an addition to or correction of the assessment roll |
|
by the district, penalties and interest on an assessment or |
|
reassessment, an expense of collection, and reasonable attorney's |
|
fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
|
(2) are superior to any other lien or claim other than |
|
a lien or claim for county, school district, or municipal ad valorem |
|
taxes; and |
|
(3) are the personal liability of and a charge against |
|
the owners of the property even if the owners are not named in the |
|
assessment proceedings. |
|
(c) The lien is effective from the date of the board's |
|
resolution imposing the assessment until the date the assessment is |
|
paid. The board may enforce the lien in the same manner that the |
|
board may enforce an ad valorem tax lien against real property. |
|
(d) The board may make a correction to or deletion from the |
|
assessment roll that does not increase the amount of assessment of |
|
any parcel of land without providing notice and holding a hearing in |
|
the manner required for additional assessments. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 4013.0501. TAX ELECTION REQUIRED. (a) The district |
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must hold an election in the manner provided by Chapter 49, Water |
|
Code, or, if applicable, Chapter 375, Local Government Code, to |
|
obtain voter approval before the district may impose an ad valorem |
|
tax. |
|
(b) Section 375.243, Local Government Code, does not apply |
|
to the district. |
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Sec. 4013.0502. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized by a majority of the district voters voting at an |
|
election under Section 4013.0501, the district may impose an |
|
operation and maintenance tax on taxable property in the district |
|
in the manner provided by Section 49.107, Water Code, for any |
|
district purpose, including to: |
|
(1) maintain and operate the district; |
|
(2) construct or acquire improvements; or |
|
(3) provide a service. |
|
(b) The board shall determine the operation and maintenance |
|
tax rate. The rate may not exceed the rate approved at the |
|
election. |
|
Sec. 4013.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on |
|
terms determined by the board. |
|
(b) The district may issue, by public or private sale, |
|
bonds, notes, or other obligations payable wholly or partly from ad |
|
valorem taxes, assessments, impact fees, revenue, contract |
|
payments, grants, or other district money, or any combination of |
|
those sources of money, to pay for any authorized district purpose. |
|
(c) The limitation on the outstanding principal amount of |
|
bonds, notes, or other obligations provided by Section 49.4645, |
|
Water Code, does not apply to the district. |
|
Sec. 4013.0504. BONDS SECURED BY REVENUE OR CONTRACT |
|
PAYMENTS. The district may issue, without an election, bonds |
|
secured by: |
|
(1) revenue other than ad valorem taxes, including |
|
contract revenues; or |
|
(2) contract payments, provided that the requirements |
|
of Section 49.108, Water Code, have been met. |
|
Sec. 4013.0505. BONDS SECURED BY AD VALOREM TAXES; |
|
ELECTIONS. (a) If authorized at an election under Section |
|
4013.0501, the district may issue bonds payable from ad valorem |
|
taxes. |
|
(b) At the time the district issues bonds payable wholly or |
|
partly from ad valorem taxes, the board shall provide for the annual |
|
imposition of a continuing direct annual ad valorem tax, without |
|
limit as to rate or amount, for each year that all or part of the |
|
bonds are outstanding as required and in the manner provided by |
|
Sections 54.601 and 54.602, Water Code. |
|
(c) All or any part of any facilities or improvements that |
|
may be acquired by a district by the issuance of its bonds may be |
|
submitted as a single proposition or as several propositions to be |
|
voted on at the election. |
|
Sec. 4013.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
|
board may not issue bonds until each municipality in whose |
|
corporate limits or extraterritorial jurisdiction the district is |
|
located has consented by ordinance or resolution to the creation of |
|
the district and to the inclusion of land in the district as |
|
required by applicable law. |
|
(b) This section applies only to the district's first |
|
issuance of bonds payable from ad valorem taxes. |
|
SUBCHAPTER F. SALES AND USE TAX |
|
Sec. 4013.0601. MEANINGS OF WORDS AND PHRASES. A word or |
|
phrase used in this subchapter that is defined by Chapter 151 or |
|
321, Tax Code, has the meaning assigned by Chapter 151 or 321, Tax |
|
Code. |
|
Sec. 4013.0602. APPLICABILITY OF CERTAIN TAX CODE |
|
PROVISIONS. (a) The provisions of Subchapters C, D, E, and F, |
|
Chapter 323, Tax Code, relating to county sales and use taxes apply |
|
to the application, collection, and administration of a sales and |
|
use tax imposed under this subchapter to the extent consistent with |
|
this chapter, as if references in Chapter 323, Tax Code, to a county |
|
referred to the district and references to a commissioners court |
|
referred to the board. |
|
(b) Sections 323.401-323.404 and 323.505, Tax Code, do not |
|
apply to a tax imposed under this subchapter. |
|
Sec. 4013.0603. AUTHORIZATION; ELECTION. (a) The district |
|
shall adopt, reduce, or repeal the sales and use tax authorized by |
|
this subchapter at an election in which a majority of the voters of |
|
the district voting in the election approve the adoption, |
|
reduction, or repeal of the tax, as applicable. |
|
(b) The board by order shall call an election to adopt, |
|
reduce, or repeal a sales and use tax. The election shall be held on |
|
the first authorized uniform election date that occurs after the |
|
time required by Section 3.005, Election Code. |
|
(c) The district shall provide notice of the election and |
|
shall hold the election in the manner prescribed by Chapter 54, |
|
Water Code, for bond elections for municipal utility districts. |
|
(d) The ballots shall be printed to provide for voting for |
|
or against the following appropriate proposition: |
|
(1) "Adoption of a ___ percent district sales and use |
|
tax in the district"; |
|
(2) "Reduction of the district sales and use tax in the |
|
district from ___ percent to ___ percent"; or |
|
(3) "Repeal of the district sales and use tax in the |
|
district." |
|
Sec. 4013.0604. EFFECTIVE DATE OF TAX. A tax imposed under |
|
this subchapter or the repeal or reduction of a tax under this |
|
subchapter takes effect on the first day of the first calendar |
|
quarter that occurs after the date the comptroller receives the |
|
copy of the resolution as required by Section 323.405(b), Tax Code. |
|
Sec. 4013.0605. SALES AND USE TAX RATE. (a) On adoption |
|
of the tax authorized by this subchapter, there is imposed a tax of |
|
two percent, or the maximum rate at which the combined tax rate of |
|
all local sales and use taxes in any location in the district does |
|
not exceed two percent, on the receipts from the sale at retail of |
|
taxable items in the district, and an excise tax on the use, |
|
storage, or other consumption in the district of taxable items |
|
purchased, leased, or rented from a retailer in the district during |
|
the period that the tax is in effect. |
|
(b) The rate of the excise tax is the same as the rate of the |
|
sales tax portion of the tax and is applied to the sales price of the |
|
taxable item. |
|
Sec. 4013.0606. EXAMINATION AND RECEIPT OF |
|
INFORMATION. The district may examine and receive information |
|
related to the imposition of a sales and use tax to the same extent |
|
as if the district were a municipality. |
|
Sec. 4013.0607. ALTERNATIVE METHOD OF IMPOSITION. |
|
Notwithstanding any other provision of this subchapter, the |
|
district may impose the sales and use tax as provided by Subchapter |
|
F, Chapter 383, Local Government Code, instead of as provided by the |
|
other provisions of this subchapter. |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 4013.0901. DISSOLUTION. (a) The board shall dissolve |
|
the district on written petition filed with the board by the owners |
|
of: |
|
(1) at least two-thirds of the assessed value of the |
|
property subject to assessment by the district based on the most |
|
recent certified county property tax rolls; or |
|
(2) at least two-thirds of the surface area of the |
|
district, excluding roads, streets, highways, utility |
|
rights-of-way, other public areas, and other property exempt from |
|
assessment by the district according to the most recent certified |
|
county property tax rolls. |
|
(b) The board by majority vote may dissolve the district at |
|
any time. |
|
(c) The district may not be dissolved by its board under |
|
Subsection (a) or (b) if the district: |
|
(1) has any outstanding bonded indebtedness until that |
|
bonded indebtedness has been repaid or defeased in accordance with |
|
the order or resolution authorizing the issuance of the bonds; |
|
(2) has a contractual obligation to pay money until |
|
that obligation has been fully paid in accordance with the |
|
contract; or |
|
(3) owns, operates, or maintains public works, |
|
facilities, or improvements unless the district contracts with |
|
another person for the ownership, operation, or maintenance of the |
|
public works, facilities, or improvements. |
|
(d) Sections 375.261, 375.262, and 375.264, Local |
|
Government Code, do not apply to the district. |
|
SECTION 2. The Pura Vida Municipal Management District |
|
No. 1 initially includes all territory contained in the following |
|
area: |
|
211.348 ACRES LAND OUT THE WILLIAM LEWIS, SR. SURVEY, |
|
ABSTRACT NO. 479 AND THE AUGUSTAS KINCHELOE SURVEY NUMBER 2, |
|
ABSTRACT NO. 457, TRAVIS COUNTY, TEXAS, BEING ALL OR A PORTION OF |
|
THE FOLLOWING EIGHT (8) TRACTS: |
|
TRACT 1: A 70.887 ACRE PORTION OF THAT CERTAIN 141.321 ACRE |
|
TRACT CALLED FIRST TRACT CONVEYED TO MUSTANG RIDGE, LLC BY DEED |
|
RECORDED IN DOCUMENT NUMBER 2019142513, OFFICIAL PUBLIC RECORDS |
|
TRAVIS COUNTY, TEXAS; |
|
TRACT 2: ALL OF THAT CERTAIN 23.625 ACRE TRACT DECRIBED IN A |
|
DEED TO MUSTANG RIDGE, LLC RECORDED IN DOCUMENT NUMBER 2020003359, |
|
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; |
|
TRACT 3: ALL OF THAT CERTAIN 0.892 ACRE TRACT CALLED SECOND |
|
TRACT DESCRIBED IN A DEED TO MUSTANG RIDGE, LLC RECORDED IN DOCUMENT |
|
NUMBER 2019142513, OFFICIAL PUBLIC RECORDS TRAVIS COUNTY, TEXAS; |
|
TRACT 4: ALL OF THAT CERTAIN 19.283 ACRE TRACT DECRIBED IN A |
|
DEED TO MUSTANG RIDGE, LLC RECORDED IN DOCUMENT NUMBER 2023073358, |
|
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; |
|
TRACT 5: ALL OF THAT CERTAIN 2.986 ACRE TRACT DECRIBED IN A |
|
DEED TO MUSTANG RIDGE, LLC RECORDED IN DOCUMENT NUMBER 2022052056, |
|
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; |
|
TRACT 6: ALL OF THAT CERTAIN 16.383 ACRE TRACT DECRIBED IN A |
|
DEED TO MUSTANG RIDGE, LLC RECORDED IN DOCUMENT NUMBER 2021040262, |
|
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; |
|
TRACT 7: ALL OF THAT CERTAIN 74.555 ACRE TRACT, CALLED 74.557 |
|
ACRES, DESCRIBED IN A DEED TO MUSTANG RIDGE, LLC RECORDED IN |
|
DOCUMENT NUMBER 2022039968 OFFICIAL PUBLIC RECORDS OF TRAVIS |
|
COUNTY, TEXAS; |
|
TRACT 8: ALL OF THAT CERTAIN 2.737 ACRE TRACT DECRIBED IN A |
|
DEED TO MUSTANG RIDGE, LLC RECORDED IN DOCUMENT NUMBER 2020099394, |
|
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; |
|
THE SAID 211.348 ACRES BEING MORE PARTICULARLY DESCRIBED BY |
|
METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING AT A 1/2 INCH DIAMETER STEEL PIN FOUND WITH CAP |
|
MARKED LENZ & ASSOC ON THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY |
|
183 AT THE NORTHERLY MOST CORNER OF THE SAID TRACT 3; |
|
THENCE, S 04°08'59" E, A DISTANCE OF 1924.31 FEET ALONG THE |
|
WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 183, THE SAME BEING THE EAST |
|
LINE OF THE SAID TRACT 3, TRACT 2 AND TRACT 6, TO A 1/2 INCH DIAMETER |
|
STEEL PIN FOUND WITH CAP MARKED LENZ & ASSOC AT THE SOUTHEAST CORNER |
|
OF THE SAID TRACT 6; |
|
THENCE, S 85°47'49" W, A DISTANCE OF 825.12 FEET TO A 1/2 INCH |
|
DIAMETER STEEL PIN FOUND WITH CAP MARKED HINKLE AT THE SOUTHWEST |
|
CORNER OF THE SAID TRACT 6, THE SAME BEING THE SOUTHEAST CORNER OF |
|
THE SAID TRACT 5; |
|
THENCE S 71°51'32" W, A DISTANCE OF 668.21 FEET TO A COMPUTED |
|
POINT AT THE SOUTHWEST CORNER OF THE SAID TRACT 5 ON THE NORTHEAST |
|
LINE OF THE SAID TRACT 7; |
|
THENCE, S 47°08'40" E, A DISTANCE OF 630.54 FEET TO A1/2 INCH |
|
DIAMETER STEEL IN FOUND ON THE NORTH RIGHT-OF-WAY LINE OF F.M. |
|
HIGHWAY 1327 AT THE SOUTHEAST CORNER OF THE SAID TRACT 7; |
|
THENCE, S 73°47'17" W, A DISTANCE OF 1483.54 FEET ALONG THE |
|
NORTH RIGHT-OF-WAY LINE OF F.M. HIGHWAY 1327 TO A COMPUTED POINT AT |
|
AN EXTERIOR CORNER OF THE SAID TRACT 7; |
|
THENCE, N 47°25'48" W, A DISTANCE OF 478.19 FEET TO A 1/2 INCH |
|
DIAMETER STEEL PIN FOUND AT AN INTERIOR CORNER OF THE SAID TRACT 7; |
|
THENCE, S 42°24'52" W, A DISTANCE OF 313.00 FEET TO A 1/2 INCH |
|
DIAMETER STEEL PIN FOUND AT AN EXTERIOR CORNER OF THE SAID TRACT 7; |
|
THENCE, N 62°17'17" W, A DISTANCE OF 1295.87 FEET TO A 1/2 INCH |
|
DIAMETER STEEL PIN FOUND AT THE MOST WESTERLY OR SOUTHWEST CORNER OF |
|
THE SAID TRACT 7; |
|
THENCE, N 28°02'48" E, A DISTANCE OF 1393.50 FEET TO A 1/2 INCH |
|
DIAMETER STEEL PIN FOUND WITH CAP MARKED LENZ & ASSOC AT THE |
|
NORTHWEST CORNER OF THE SAID TRACT 7, THE SAME BEING THE SOUTHWEST |
|
CORNER OF THE SAID TRACT 8; |
|
THENCE, N 27°41'52" E A DISTANCE OF 1635.14 FEET ALONG THE |
|
WEST LINE OF THE SAID TRACT 8 AND TRACT 1, CROSSING THE SAID 141.321 |
|
ACRE MUSTANG RIDGE, LLC TRACT, TO A 1/2 INCH DIAMETER STEEL PIN |
|
FOUND AT THE SOUTHWEST CORNER OF THE SAID TRACT 4; |
|
THENCE, N 27°30'40" E, A DISTANCE OF 378.90 FEET TO A 1/2 INCH |
|
DIAMETER STEEL PIN FOUND WITH CAP MARKED CHAPARRAL AT THE NORTHWEST |
|
CORNER OF THE SAID TRACT 4; |
|
THENCE, S 61°49'55" E, A DISTANCE OF 2300.72 FEET TO A 1/2 INCH |
|
DIAMETER STEEL PIN FOUND AT THE NORTHEAST CORNER OF THE SAID TRACT 4 |
|
ON WEST LINE OF THE SAID TRACT 3; |
|
THENCE, N 42°24'59" E, A DISTANCE OF 552.95 FEET TO THE PLACE |
|
OF BEGINNING, CONTAINING 211.348 ACRES OF LAND, MORE OR LESS. |
|
SECTION 3. (a) Subtitle C, Title 4, Special District Local |
|
Laws Code, is amended by adding Chapter 4015 to read as follows: |
|
CHAPTER 4015. WOLF CREEK MUNICIPAL MANAGEMENT DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 4015.0101. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "City" means the City of Greenville. |
|
(3) "County" means Hunt County. |
|
(4) "Director" means a board member. |
|
(5) "District" means the Wolf Creek Municipal |
|
Management District No. 1. |
|
Sec. 4015.0102. NATURE OF DISTRICT. The Wolf Creek |
|
Municipal Management District No. 1 is a special district created |
|
under Section 59, Article XVI, Texas Constitution. |
|
Sec. 4015.0103. PURPOSE; DECLARATION OF INTENT. (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. |
|
(b) By creating the district and in authorizing the county, |
|
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. |
|
(c) 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. |
|
(d) This chapter and the creation of the district may not be |
|
interpreted to relieve the county or the city from providing the |
|
level of services provided as of the effective date of the Act |
|
enacting this chapter to the area in the district. The district is |
|
created to supplement and not to supplant county or city services |
|
provided in the district. |
|
Sec. 4015.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
|
(a) 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. |
|
(b) The district is created to serve a public use and |
|
benefit. |
|
(c) The creation of the district is in the public interest |
|
and is essential to further the public purposes of: |
|
(1) developing and diversifying the economy of the |
|
state; |
|
(2) eliminating unemployment and underemployment; and |
|
(3) developing or expanding transportation and |
|
commerce. |
|
(d) 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. |
|
(e) 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. |
|
(f) 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. 4015.0105. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 3(b) of the Act enacting this chapter. |
|
(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 issue any type of bonds for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on the bonds; |
|
(3) right to impose or collect an assessment or tax; or |
|
(4) legality or operation. |
|
Sec. 4015.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
|
All or any part of the area of the district is eligible to be |
|
included in: |
|
(1) a tax increment reinvestment zone created under |
|
Chapter 311, Tax Code; or |
|
(2) a tax abatement reinvestment zone created under |
|
Chapter 312, Tax Code. |
|
Sec. 4015.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT |
|
DISTRICTS LAW. Except as otherwise provided by this chapter, |
|
Chapter 375, Local Government Code, applies to the district. |
|
Sec. 4015.0108. CONSTRUCTION OF CHAPTER. This chapter |
|
shall be liberally construed in conformity with the findings and |
|
purposes stated in this chapter. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 4015.0201. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors who serve staggered |
|
terms of four years. |
|
(b) Directors are elected in the manner provided by |
|
Subchapter D, Chapter 49, Water Code. |
|
Sec. 4015.0202. 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 for each |
|
director in one 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. |
|
(c) Sections 375.069 and 375.070, Local Government Code, do |
|
not apply to the board. |
|
Sec. 4015.0203. TEMPORARY DIRECTORS. (a) On or after the |
|
effective date of the Act creating 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 roll |
|
for the county may submit a petition to the Texas Commission on |
|
Environmental Quality requesting that the commission appoint as |
|
temporary directors the five persons named in the petition. The |
|
commission shall appoint as temporary directors the five persons |
|
named in the petition. |
|
(b) The temporary or successor temporary directors shall |
|
hold an election to elect five permanent directors as provided by |
|
Section 4015.0201. |
|
(c) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Subsection (b); or |
|
(2) the fourth anniversary of the effective date of |
|
the Act creating this chapter. |
|
(d) If permanent directors have not been elected under |
|
Subsection (b) and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (e) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Subsection (b); or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(e) If Subsection (d) applies, 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 roll for the |
|
county may submit a petition to the Texas Commission on |
|
Environmental Quality requesting that the commission appoint as |
|
successor temporary directors the five persons named in the |
|
petition. The commission shall appoint as successor temporary |
|
directors the five persons named in the petition. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 4015.0301. GENERAL POWERS AND DUTIES. The district |
|
has the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 4015.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The |
|
district, using any money available to the district for the |
|
purpose, may 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. |
|
(b) The district may contract with a governmental or private |
|
entity to carry out an action under Subsection (a). |
|
(c) The implementation of a district project or service is a |
|
governmental function or service for the purposes of Chapter 791, |
|
Government Code. |
|
Sec. 4015.0303. NONPROFIT CORPORATION. (a) The board by |
|
resolution may authorize the creation of a nonprofit corporation to |
|
assist and act for the district in implementing a project or |
|
providing a service authorized by this chapter. |
|
(b) The nonprofit corporation: |
|
(1) has each power of and is considered to be a local |
|
government corporation created under Subchapter D, Chapter 431, |
|
Transportation Code; and |
|
(2) may implement any project and provide any service |
|
authorized by this chapter. |
|
(c) The board shall appoint the board of directors of the |
|
nonprofit corporation. The board of directors of the nonprofit |
|
corporation shall serve in the same manner as the board of directors |
|
of a local government corporation created under Subchapter D, |
|
Chapter 431, Transportation Code, except that a board member is not |
|
required to reside in the district. |
|
Sec. 4015.0304. LAW ENFORCEMENT SERVICES. To protect the |
|
public interest, the district may contract with a qualified party, |
|
including the county or the city, to provide law enforcement |
|
services in the district for a fee. |
|
Sec. 4015.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
|
The district may join and pay dues to a charitable or nonprofit |
|
organization that performs a service or provides an activity |
|
consistent with the furtherance of a district purpose. |
|
Sec. 4015.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
|
district may engage in activities that accomplish the economic |
|
development purposes of the district. |
|
(b) The district may establish and provide for the |
|
administration of one or more programs to promote state or local |
|
economic development and to stimulate business and commercial |
|
activity in the district, including programs to: |
|
(1) make loans and grants of public money; and |
|
(2) provide district personnel and services. |
|
(c) The district may create economic development programs |
|
and exercise the economic development powers provided to |
|
municipalities by: |
|
(1) Chapter 380, Local Government Code; and |
|
(2) Subchapter A, Chapter 1509, Government Code. |
|
Sec. 4015.0307. PARKING FACILITIES. (a) The district may |
|
acquire, lease as lessor or lessee, construct, develop, own, |
|
operate, and maintain parking facilities or a system of parking |
|
facilities, including lots, garages, parking terminals, or other |
|
structures or accommodations for parking motor vehicles off the |
|
streets and related appurtenances. |
|
(b) The district's parking facilities serve the public |
|
purposes of the district and are owned, used, and held for a public |
|
purpose even if leased or operated by a private entity for a term of |
|
years. |
|
(c) The district's parking facilities are parts of and |
|
necessary components of a street and are considered to be a street |
|
or road improvement. |
|
(d) The development and operation of the district's parking |
|
facilities may be considered an economic development program. |
|
Sec. 4015.0308. 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 district money. |
|
Sec. 4015.0309. ADDING OR EXCLUDING LAND. Except as |
|
provided by Section 4015.0310, the district may add or exclude land |
|
in the manner provided by Subchapter J, Chapter 49, Water Code, or |
|
by Subchapter H, Chapter 54, Water Code. |
|
Sec. 4015.0310. DIVISION OF DISTRICT. (a) The district may |
|
be divided into two or more new districts only if the district: |
|
(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes. |
|
(b) This chapter applies to any new district created by the |
|
division of the district, and a new district has all the powers and |
|
duties of the district. |
|
(c) Any new district created by the division of the district |
|
may not, at the time the new district is created, contain any land |
|
outside the area described by Section 3(b) of the Act enacting this |
|
chapter. |
|
(d) The board, on its own motion or on receipt of a petition |
|
signed by the owner or owners of a majority of the assessed value of |
|
the real property in the district, may adopt an order dividing the |
|
district. |
|
(e) An order dividing the district must: |
|
(1) name each new district; |
|
(2) include the metes and bounds description of the |
|
territory of each new district; |
|
(3) appoint initial directors for each new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between or among the new districts. |
|
(f) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the Texas Commission on Environmental Quality and record the |
|
order in the real property records of each county in which the |
|
district is located. |
|
Sec. 4015.0311. EMINENT DOMAIN. Subject to the limitations |
|
provided by Section 54.209, Water Code, the district may exercise |
|
the power of eminent domain in the manner provided by Section |
|
49.222, Water Code. |
|
SUBCHAPTER D. ASSESSMENTS |
|
Sec. 4015.0401. PETITION REQUIRED FOR FINANCING SERVICES |
|
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
|
service or improvement project with assessments under this chapter |
|
unless a written petition requesting that service or improvement |
|
has been filed with the board. |
|
(b) A petition filed under Subsection (a) must be signed by |
|
the owners of a majority of the assessed value of real property in |
|
the district subject to assessment according to the most recent |
|
certified tax appraisal roll for the county. |
|
Sec. 4015.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
|
The board by resolution may impose and collect an assessment for any |
|
purpose authorized by this chapter in all or any part of the |
|
district. |
|
(b) An assessment, a reassessment, or an assessment |
|
resulting from an addition to or correction of the assessment roll |
|
by the district, penalties and interest on an assessment or |
|
reassessment, an expense of collection, and reasonable attorney's |
|
fees incurred by the district: |
|
(1) are a first and prior lien against the property |
|
assessed; |
|
(2) are superior to any other lien or claim other than |
|
a lien or claim for county, school district, or municipal ad valorem |
|
taxes; and |
|
(3) are the personal liability of and a charge against |
|
the owners of the property even if the owners are not named in the |
|
assessment proceedings. |
|
(c) The lien is effective from the date of the board's |
|
resolution imposing the assessment until the date the assessment is |
|
paid. The board may enforce the lien in the same manner that the |
|
board may enforce an ad valorem tax lien against real property. |
|
(d) The board may make a correction to or deletion from the |
|
assessment roll that does not increase the amount of assessment of |
|
any parcel of land without providing notice and holding a hearing in |
|
the manner required for additional assessments. |
|
SUBCHAPTER E. TAXES AND BONDS |
|
Sec. 4015.0501. TAX ELECTION REQUIRED. (a) The district |
|
must hold an election in the manner provided by Chapter 49, Water |
|
Code, or, if applicable, Chapter 375, Local Government Code, to |
|
obtain voter approval before the district may impose an ad valorem |
|
tax. |
|
(b) Section 375.243, Local Government Code, does not apply |
|
to the district. |
|
Sec. 4015.0502. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized by a majority of the district voters voting at an |
|
election under Section 4015.0501, the district may impose an |
|
operation and maintenance tax on taxable property in the district |
|
in the manner provided by Section 49.107, Water Code, for any |
|
district purpose, including to: |
|
(1) maintain and operate the district; |
|
(2) construct or acquire improvements; or |
|
(3) provide a service. |
|
(b) The board shall determine the operation and maintenance |
|
tax rate. The rate may not exceed the rate approved at the |
|
election. |
|
Sec. 4015.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE |
|
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on |
|
terms determined by the board. |
|
(b) The district may issue, by public or private sale, |
|
bonds, notes, or other obligations payable wholly or partly from ad |
|
valorem taxes, assessments, impact fees, revenue, contract |
|
payments, grants, or other district money, or any combination of |
|
those sources of money, to pay for any authorized district purpose. |
|
(c) The district may issue, by public or private sale, |
|
bonds, notes, or other obligations payable wholly or partly from |
|
assessments in the manner provided by Subchapter A, Chapter 372, |
|
Local Government Code, if the improvement financed by the |
|
obligation issued under this section will be conveyed to or |
|
operated and maintained by a municipality, county, or other retail |
|
utility provider pursuant to an agreement with the district entered |
|
into before the issuance of the obligation. |
|
Sec. 4015.0504. BONDS SECURED BY REVENUE OR CONTRACT |
|
PAYMENTS. The district may issue, without an election, bonds |
|
secured by: |
|
(1) revenue other than ad valorem taxes, including |
|
contract revenues; or |
|
(2) contract payments, provided that the requirements |
|
of Section 49.108, Water Code, have been met. |
|
Sec. 4015.0505. BONDS SECURED BY AD VALOREM TAXES; |
|
ELECTIONS. (a) If authorized at an election under Section |
|
4015.0501, the district may issue bonds payable from ad valorem |
|
taxes. |
|
(b) At the time the district issues bonds payable wholly or |
|
partly from ad valorem taxes, the board shall provide for the annual |
|
imposition of a continuing direct annual ad valorem tax, without |
|
limit as to rate or amount, for each year that all or part of the |
|
bonds are outstanding as required and in the manner provided by |
|
Sections 54.601 and 54.602, Water Code. |
|
(c) All or any part of any facilities or improvements that |
|
may be acquired by a district by the issuance of its bonds may be |
|
submitted as a single proposition or as several propositions to be |
|
voted on at the election. |
|
SUBCHAPTER I. DISSOLUTION |
|
Sec. 4015.0901. DISSOLUTION. (a) The board shall dissolve |
|
the district on written petition filed with the board by the owners |
|
of: |
|
(1) at least two-thirds of the assessed value of the |
|
property subject to assessment by the district based on the most |
|
recent certified county property tax rolls; or |
|
(2) at least two-thirds of the surface area of the |
|
district, excluding roads, streets, highways, utility |
|
rights-of-way, other public areas, and other property exempt from |
|
assessment by the district according to the most recent certified |
|
county property tax rolls. |
|
(b) The board by majority vote may dissolve the district at |
|
any time. |
|
(c) The district may not be dissolved by its board under |
|
Subsection (a) or (b) if the district: |
|
(1) has any outstanding bonded indebtedness until that |
|
bonded indebtedness has been repaid or defeased in accordance with |
|
the order or resolution authorizing the issuance of the bonds; |
|
(2) has a contractual obligation to pay money until |
|
that obligation has been fully paid in accordance with the |
|
contract; or |
|
(3) owns, operates, or maintains public works, |
|
facilities, or improvements unless the district contracts with |
|
another person for the ownership, operation, or maintenance of the |
|
public works, facilities, or improvements. |
|
(d) Sections 375.261, 375.262, and 375.264, Local |
|
Government Code, do not apply to the district. |
|
(b) The Wolf Creek Municipal Management District No. 1 |
|
initially includes all territory contained in the following area: |
|
LEGAL DESCRIPTION - TRACT 1 |
|
760.994 ACRE TRACT |
|
LEGAL DESCRIPTION: Being 760.994 acres of land out of the E. Tedwell |
|
Survey, Abstract No. 1035, the J. C. Bates Survey, Abstract No. 35, |
|
I. White Survey, Abstract No. 144, J. Grilski Survey, Abstract |
|
No. 387, the W. Rogers Survey, Abstract No. 1885, the A. J. Hefner |
|
Survey, Abstract No. 473 and the Wm. H. Sowell Survey, Abstract |
|
No. 996 in Hunt County, Texas and also being all of that certain |
|
760.70 acre tract described in Doc. #2023-10812 of the Official |
|
Public Records of said Hunt County, Texas; Said 760.70 acre tract |
|
being more particularly described as follows and as surveyed under |
|
the supervision of Cross Texas Land Services, Inc in October, 2024: |
|
BEGINNING at a calculated point in the east line of State Highway |
|
No. 34 for the northwest corner of that certain 93.00 acre tract |
|
described in Volume 1493, Page 676 of the Official Public Records |
|
and the southwest corner hereof; |
|
THENCE along the east line of said Highway, the following 3 courses: |
|
1. North 00°22'32" West a distance of 752.68 feet to a |
|
concrete monument found; |
|
2. Along a curve turning to the left with an arc length of |
|
1345.62 feet, with a radius of 2914.79 feet, with a chord bearing of |
|
North 13°30'37" West, a distance of 1333.70 feet to a 1/2" iron rod |
|
with cap found; |
|
3. North 26°40'59" West a distance of 1444.79 feet to a 1/2" |
|
iron rod with cap found for the southeast corner of that certain |
|
28.000 acre tract described in Volume 530, Page 896 of the Official |
|
Public Records and a corner hereof; |
|
THENCE along the south and east lines of said 28.000 acre tract, the |
|
following 2 courses: |
|
1. North 89°25'39" East a distance of 2361.72 feet to a 3/8" |
|
iron rod found; |
|
2. North 00°50'48" West a distance of 738.78 feet to a 3/8" |
|
iron rod found for the northeast corner of said 28.000 acre tract |
|
and the southeast corner of that certain 20.000 acre tract |
|
described in Volume 1426, Page 349 of the Official Public Records; |
|
THENCE along the east lines of said 20.000 acre tract and another |
|
20.000 acre tract described in said Volume 1426, Page 349, the |
|
following 2 courses: |
|
1. North 00°56'12" West a distance of 316.90 feet to a 3/8" |
|
iron rod found; |
|
2. North 00°11'39" West a distance of 312.42 feet to a 3/8" |
|
iron rod found for the northeast corner of said 20.000 acre tract |
|
and the southeast corner of that certain 35.00 acre tract described |
|
in Doc #2017-17935 of the Official Public Records; |
|
THENCE North 00°30'43" West a distance of 1117.52 feet along the |
|
east lines of said 35.00 acre tract and that certain 30.932 acre |
|
tract described in Volume 151, Page 816 of the Official Public |
|
Records to a 1/2" iron rod found for the northeast corner of said |
|
30.932 acre tract and the southeast corner of that certain 26.350 |
|
acre tract described in Doc. #2017-10496 of the Official Public |
|
Records; |
|
THENCE along the east line of said 26.350 acre tract, the following |
|
3 courses: |
|
1. North 00°43'09" West a distance of 291.80 feet to a 6" |
|
fence corner post found; |
|
2. North 89°59'29" West a distance of 820.45 feet to a 1/2" |
|
iron rod found; |
|
3. North 00°18'57" West a distance of 321.55 feet to a 1/2" |
|
iron rod found for the northeast corner of said 26.350 acre tract |
|
and the southeast corner of the KRS Acres Subdivision recorded in |
|
Cabinet I, Slide 118 of the Plat Records of said Hunt County, Texas; |
|
THENCE along the east line of said KRS Acres Subdivision, the |
|
following courses: |
|
1. North 00°07'49" East a distance of 486.54 feet to a 1/2" |
|
iron rod found; |
|
2. South 89°57'14" West a distance of 823.22 feet to a 10" |
|
fence corner post found; |
|
3. North 01°27'39" West a distance of 148.71 feet to a 1/2" |
|
iron rod with cap found; |
|
4. North 01°06'12" West a distance of 275.06 feet to a 1/2" |
|
iron rod with cap found; |
|
5. North 00°58'47" West a distance of 363.10 feet to a |
|
calculated point; |
|
6. South 89°09'30" West a distance of 571.70 feet to a 3/8" |
|
iron rod found for a corner of said Subdivision and the southeast |
|
corner of that certain 2.48 acre tract described in Volume 1246, |
|
Page 614 of the Official Public Records; |
|
THENCE North 00°59'32" East a distance of 190.75 feet along the east |
|
line of said 2.48 acre tract to a 3/8" iron rod found for the |
|
northeast corner of said 2.48 acre tract and the southeast corner of |
|
the Fox Ranch Subdivision recorded in Cabinet I, Slide 190 of said |
|
Plat Records; |
|
THENCE along the east and north lines of said Subdivision, the |
|
following 3 courses: |
|
1. North 00°16'43" East a distance of 791.33 feet to a 3/8" |
|
iron rod found; |
|
2. North 89°34'03" West a distance of 330.97 feet to a 1/2" |
|
iron rod found; |
|
3. North 89°48'03" West a distance of 218.58 feet to a 1/2" |
|
iron rod with cap found in the east line of said Highway for the |
|
northwest corner of said Subdivision and a corner hereof; |
|
THENCE North 00°39'23" West a distance of 1320.29 feet along the |
|
east line of said Highway to a 1/2" iron rod with cap found for the |
|
southwest corner of that certain 1.94 acre tract described in Doc |
|
#2022-26595 of the Official Public Records and a corner hereof; |
|
THENCE along the south and east lines of said 1.94 acre tract, the |
|
following 2 courses: |
|
1. North 87°17'01" East a distance of 425.37 feet to a 8" |
|
fence corner post found; |
|
2. North 02°19'21" East a distance of 184.09 feet to a 1/2" |
|
iron rod with cap found in the south line of that certain 4.466 acre |
|
tract described in Doc #2021-15766 of the Official Public Records |
|
for the northeast corner of said 1.94 acre tract and a corner |
|
hereof; |
|
THENCE along the south and east lines of said 4.466 acre tract and |
|
the east line of that certain 2.181 acre tract described in Doc |
|
#2022-27712 of the Official Public Records, the following 2 |
|
courses: |
|
1. North 89°41'23" East a distance of 322.86 feet to a 1/2" |
|
iron rod with cap found; |
|
2. North 00°30'12" West, at a distance of 1216.14 feet pass a |
|
1/2" iron rod with cap found in the south line of County Road 4300, |
|
in all a total distance of 1238.71 feet to a calculated point in the |
|
centerline of said County Road 4300 for the northeast corner of said |
|
2.181 acre tract and the northwest corner hereof; |
|
THENCE along the centerline of said County Road 4300, the following |
|
8 courses: |
|
1. North 86°07'51" East a distance of 262.27 feet to a point; |
|
2. North 86°43'14" East a distance of 80.79 feet to a point; |
|
3. North 89°47'16" East a distance of 86.35 feet to a point; |
|
4. South 88°04'38" East a distance of 123.14 feet to a point; |
|
5. South 86°21'55" East a distance of 146.45 feet to a point; |
|
6. South 69°38'53" East a distance of 128.91 feet to a point; |
|
7. South 27°52'20" East a distance of 95.06 feet to a point; |
|
8. South 44°16'56" East a distance of 8.18 feet to a point |
|
for the northwest corner of that certain 34.44 acre tract described |
|
in Doc #2023-9748 of the Official Public Records and the northeast |
|
corner hereof; |
|
THENCE along the west and south lines of said 34.44 acre tract, the |
|
following 2 courses: |
|
1. South 00°23'08" East, at a distance of 90.45 feet pass a |
|
1/2" iron rod with cap found, in all a total distance of 1118.08 |
|
feet to a 1/2" iron rod found; |
|
2. North 89°18'21" East a distance of 1321.38 feet to a |
|
calculated point for the southeast corner of said 34.44 acre tract, |
|
the southwest corner of that certain 18.943 acre tract described in |
|
Doc #2017-370 of the Official Public Records, the northwest corner |
|
of that certain 25.825 acre tract described in Doc #2009-15211 of |
|
the Official Public Records and a corner hereof and from which a 1" |
|
sq. rod found bears North 87°50'13" West a distance of 42.02 feet; |
|
THENCE South 00°09'42" East, at distance of 893.3 feet pass a 1/2" |
|
iron rod with cap found, in all a total distance of 938.30 feet |
|
along the west line of said 25.825 acre tract and that certain tract |
|
described in Volume 483, Page 283 to a point in the record |
|
centerline of a Creek; |
|
THENCE along the record centerline of said Creek and the west line |
|
of said 483, Page 283, the following courses: |
|
1. South 72°08'04" East a distance of 45.78 feet to a point; |
|
2. South 33°20'42" East a distance of 27.02 feet to a point; |
|
3. South 10°58'08" East a distance of 29.00 feet to a point; |
|
4. North 89°28'00" East a distance of 105.66 feet to a point; |
|
5. South 25°24'59" East a distance of 74.13 feet to a point; |
|
6. South 49°16'58" East a distance of 58.57 feet to a point; |
|
7. South 03°24'42" West a distance of 44.07 feet to a point; |
|
8. South 40°09'20" East a distance of 139.97 feet to a point; |
|
9. South 13°31'51" East a distance of 183.34 feet to a point; |
|
10. South 05°58'44" West a distance of 53.06 feet to a point; |
|
11. South 46°20'36" East a distance of 37.87 feet to a point; |
|
12. South 81°03'48" East a distance of 89.18 feet to a point; |
|
13. South 40°46'19" East a distance of 94.55 feet to a point; |
|
14. South 22°13'47" East a distance of 2851.43 feet to a 1/2" |
|
iron rod with cap found for a corner of said tract described in |
|
Volume 483, Page 283 and a corner hereof; |
|
THENCE North 89°49'48" East, at a distance of 559.87 feet pass a 1/2" |
|
iron rod with cap found, in all a total distance of 609.92 feet |
|
along the south line of said tract described in Volume 483, Page |
|
2583 to a point in the centerline of a Creek for the northwest |
|
corner of that certain 89.08 acre tract described in Doc |
|
#2022-17135 of the Official Public Records and a corner hereof; |
|
THENCE along the record centerline of said Creek, the following 30 |
|
courses: |
|
1. South 04°35'43" West a distance of 25.00 feet to a point; |
|
2. South 33°29'24" West a distance of 70.77 feet to a point; |
|
3. South 00°49'53" East a distance of 166.09 feet to a point; |
|
4. South 35°55'14" West a distance of 61.54 feet to a point; |
|
5. South 67°26'06" West a distance of 36.23 feet to a point; |
|
6. North 52°02'58" West a distance of 19.73 feet to a point; |
|
7. South 69°33'07" West a distance of 42.88 feet to a point; |
|
8. South 32°30'15" West a distance of 39.90 feet to a point; |
|
9. South 03°09'50" East a distance of 49.91 feet to a point; |
|
10. South 21°23'35" East a distance of 65.09 feet to a point; |
|
11. South 01°42'59" West a distance of 136.42 feet to a |
|
point; |
|
12. South 08°19'20" East a distance of 77.22 feet to a point; |
|
13. South 08°28'17" West a distance of 158.52 feet to a |
|
point; |
|
14. South 75°48'53" West a distance of 67.64 feet to a point; |
|
15. South 28°26'38" West a distance of 33.40 feet to a point; |
|
16. South 43°08'40" East a distance of 29.07 feet to a point; |
|
17. South 78°40'43" East a distance of 42.05 feet to a point; |
|
18. South 30°03'18" East a distance of 90.52 feet to a point; |
|
19. South 13°53'28" East a distance of 109.94 feet to a |
|
point; |
|
20. South 12°20'16" West a distance of 36.54 feet to a point; |
|
21. South 46°21'58" West a distance of 23.87 feet to a point; |
|
22. South 69°56'27" West a distance of 71.22 feet to a point; |
|
23. South 46°37'01" West a distance of 25.98 feet to a point; |
|
24. South 04°06'30" East a distance of 20.05 feet to a point; |
|
25. South 44°50'29" East a distance of 162.99 feet to a |
|
point; |
|
26. South 25°51'29" East a distance of 26.40 feet to a point; |
|
27. South 04°38'56" West a distance of 83.37 feet to a point; |
|
28. South 23°22'06" East a distance of 107.32 feet to a |
|
point; |
|
29. South 04°04'14" East a distance of 140.82 feet to a |
|
point; |
|
30. South 14°36'18" East a distance of 51.47 feet to a point |
|
in the north line of that certain tract described in Volume 777, |
|
Page 461 of said Official Public Records and a corner hereof and |
|
from which a 8" pipe fence corner post found bears South 59°40'31" |
|
East a distance of 25.10 feet; |
|
THENCE along the west line of said tract described in Volume 777, |
|
Page 461, the following 3 courses: |
|
1. South 89°43'51" West a distance of 83.23 feet to a |
|
calculated point and from which a bent axle at a fence corner post |
|
found bears South 70°46'58" West a distance of 22.99 feet; |
|
2. South 01°35'00" East a distance of 1488.00 feet to a 1/2" |
|
iron rod found; |
|
3. South 86°11'03" East a distance of 646.88 feet to a 1/2" |
|
iron rod found in the east line of that certain 62.400 acre tract |
|
described in Doc #2015-4073 of the Official Public Records for a |
|
corner of said tract described in Volume 777, Page 461 and a corner |
|
hereof; |
|
THENCE South 00°56'41" East a distance of 1384.62 feet along the |
|
west line of said 62.400 acre tract to a 1 1/2" iron rod found in the |
|
north line of that certain 95.59 acre tract described in Doc |
|
#2016-32 of the Official Public Records for a corner of said 62.400 |
|
acre tract and a corner hereof; |
|
THENCE along the north and west lines of said 95.59 acre tract, the |
|
following 23 courses: |
|
1. South 89°09'49" West, at a distance of 845.47 feet pass a |
|
10" fence corner post found, in all a total distance of 874.34 feet |
|
to a point in the record centerline of a Creek; |
|
2. Continue along the record centerline of said Creek, South |
|
00°24'14" West a distance of 250.46 feet to a point; |
|
3. South 35°13'54" East a distance of 55.71 feet to a point; |
|
4. South 19°10'32" East a distance of 74.84 feet to a point; |
|
5. South 40°21'36" East a distance of 54.71 feet to a point; |
|
6. South 07°41'54" East a distance of 46.68 feet to a point; |
|
7. South 09°28'03" West a distance of 62.39 feet to a point; |
|
8. South 21°39'28" East a distance of 21.73 feet to a point; |
|
9. South 46°03'09" East a distance of 82.83 feet to a point; |
|
10. South 02°15'15" East a distance of 44.46 feet to a point; |
|
11. South 14°28'10" West a distance of 46.62 feet to a point; |
|
12. South 32°18'24" West a distance of 89.85 feet to a point; |
|
13. South 11°49'48" West a distance of 39.97 feet to a point; |
|
14. South 23°03'12" East a distance of 31.07 feet to a point; |
|
15. South 40°07'39" East a distance of 145.23 feet to a |
|
point; |
|
16. South 03°17'29" East a distance of 63.16 feet to a point; |
|
17. South 43°44'01" West a distance of 78.37 feet to a point; |
|
18. South 04°20'02" West a distance of 27.84 feet to a point; |
|
19. South 17°04'50" East a distance of 73.72 feet to a point; |
|
20. South 45°05'59" East a distance of 103.01 feet to a |
|
point; |
|
21. South 00°05'44" East a distance of 45.17 feet to a point; |
|
22. South 31°59'19" West a distance of 74.10 feet to a point; |
|
23. South 13°04'12" West a distance of 15.89 feet to a point |
|
for a corner of said 95.59 acre tract, the northeast corner of that |
|
certain 140 acre tract described in Doc #2019-07238 of the Official |
|
Public Records and the southeast corner hereof and from which a 1/2" |
|
iron rod on west bank of creek bears South 89°46'46" West a distance |
|
of 15.33 feet; |
|
THENCE South 89°46'46" West a distance of 3654.99 feet along the |
|
north line of said 140 acre tract, the north line of that certain |
|
54.76 acre tract described in Doc #2024-10813 of the Official |
|
Public Records and the north line of said 93.00 acre tract to the |
|
POINT OF BEGINNING containing 760.70 acres more or less, and as |
|
shown hereon. |
|
Note: Bearings, distances and acreage shown hereon are NAD 83, |
|
Texas North Zone and are derived from GPS techniques. Iron Rod set |
|
are 1/2 inch rod with plastic caps marked "CTLS". |
|
LEGAL DESCRIPTION - TRACT 2 |
|
243.025 ACRE TRACT |
|
LEGAL DESCRIPTION: Being 243.025 acres of land out of the J. Glass |
|
Survey, Abstract No. 348 in Hunt County, Texas and also being all of |
|
that certain 243.114 acre tract described in Doc. #2023-14230 of |
|
the Official Public Records of said Hunt County, Texas; Said |
|
243.025 acre tract being more particularly described as follows and |
|
as surveyed under the supervision of Cross Texas Land Services, Inc |
|
in October, 2024: |
|
BEGINNING at a calculated point in the east line of that certain |
|
4.7726 acre tract described in Doc. #2024-7702 of said Official |
|
Public Records for the northwest corner of that certain 88.79 acre |
|
tract described in Doc. #2021-10156 of said Official Public Records |
|
and the southwest corner hereof and from which a 24" oak tree fence |
|
corner found bears North 69°26'17" East a distance of 12.80 feet; |
|
THENCE the following 5 courses: |
|
1. North 01°06'32" West along the east line of said 4.7726 |
|
acre tract, at a distance of 173.07 feet pass a 5/8" iron rod found |
|
for the northeast corner of said 4.7726 acre tract and a corner of |
|
that certain 19.081 acre tract described in Doc. #2024-7702 of said |
|
Official Public Records, continue along the east line of said |
|
19.081 acre tract, a total distance of 670.12 feet to a 1/2" iron |
|
rod found; |
|
2. South 89°55'03" East a distance of 790.46 feet to a 3/8" |
|
iron rod found; |
|
3. North 14°11'34" West a distance of 618.30 feet to a 3/8" |
|
iron rod found; |
|
4. North 89°50'15" West a distance of 658.22 feet to a 4" |
|
fence corner post found; |
|
5. North 01°03'32" West a distance of 89.51 feet to a 3/8" |
|
iron rod found for a corner of said 19.081 acre tract and the |
|
southeast corner of that Legacy Farms Subdivision recorded in |
|
Cabinet H, Slide 373-374 of the Plat Records of said Hunt County, |
|
Texas; |
|
THENCE along the east line of said Legacy Farms Subdivision, the |
|
following 2 courses: |
|
1. North 01°27'55" West a distance of 536.62 feet to a 1/2" |
|
iron rod with cap found; |
|
2. North 01°24'26" West a distance of 1099.63 feet to a |
|
calculated point in the centerline of County Road 4303 for the |
|
northeast corner of said Subdivision and the northwest corner |
|
hereof and from which a 1/2" iron rod with cap found bears North |
|
80°12'05" East a distance of 194.33 feet; |
|
THENCE along the centerline of said County Road 4303, the following |
|
8 courses: |
|
1. North 89°38'33" East a distance of 2576.07 feet to a |
|
point; |
|
2. North 75°41'21" East a distance of 160.98 feet to a point; |
|
3. North 00°12'13" West a distance of 20.62 feet to a 1/2" |
|
iron rod found; |
|
4. South 89°05'13" East a distance of 723.30 feet to a 1/2" |
|
iron rod found; |
|
5. South 89°08'42" East a distance of 118.08 feet to a 3/8" |
|
iron rod found; |
|
6. South 00°26'54" West a distance of 2398.12 feet to a 1/2" |
|
iron rod with cap found; |
|
7. South 89°49'50" East a distance of 671.05 feet to a 1/2" |
|
iron rod found; |
|
8. South 87°01'38" East a distance of 369.98 feet to an angle |
|
iron found in the west line of State Highway No. 118 for a corner |
|
hereof; |
|
THENCE South 32°31'20" West a distance of 468.45 feet along the west |
|
line of said Highway to a 5/8" iron rod found for the northeast |
|
corner of that certain 1.0 acre tract described in Doc. #2018-95 of |
|
said Official Public Records and the southeast corner hereof; |
|
THENC South 89°32'11" West a distance of 784.64 feet along the north |
|
line of said 1.0 acre tract and that certain 2.86 acre tract |
|
described in Doc. #2019-5451 of said Official Public Records to a |
|
5/8" iron rod found for the northwest corner of said 2.86 acre tract |
|
and a corner hereof; |
|
THENCE South 00°25'44" East a distance of 237.77 feet along the west |
|
line of said 2.86 acre tract to a 5/8" iron rod found in the north |
|
line of the Rolling Acres Phase One Subdivision recorded in Doc. |
|
#2023-23698 of said Plat Records for the southwest corner of said |
|
2.86 acre tract and a corner hereof; |
|
THENCE North 89°59'35" West a distance of 1954.99 feet along the |
|
north line of said Phase One to a 1/2" iron rod found for the |
|
northwest corner of said Phase One and a corner of said 88.79 acre |
|
tract; |
|
THENCE South 89°58'52" West a distance of 1530.58 feet along the |
|
north line of said 88.79 acre tract to the POINT OF BEGINNING |
|
containing 243.025 acres more or less, and as shown hereon. |
|
Note: Bearings, distances and acreage shown hereon are NAD 83, |
|
Texas North Zone and are derived from GPS techniques. Iron Rod set |
|
are 1/2 inch rod with plastic caps marked "CTLS". |
|
LEGAL DESCRIPTION - TRACT 3 |
|
30.677 ACRE TRACT |
|
LEGAL DESCRIPTION: Being 30.677 acres of land out of the D. Slack |
|
Survey, Abstract No. 948 in Hunt County, Texas and also being all of |
|
that certain 30.600 acre tract described in Volume 1334, Page 427 of |
|
the Official Public Records of said Hunt County, Texas; Said 30.677 |
|
acre tract being more particularly described as follows and as |
|
surveyed under the supervision of Cross Texas Land Services, Inc in |
|
October, 2024: |
|
BEGINNING at a 1/2" iron rod found in the east line of State Highway |
|
No. 118 for the southwest corner of that certain 30.000 acre tract |
|
described in Doc. #2008-15366 of said Official Public Records and |
|
the northwest corner hereof; |
|
THENCE North 89°35'08" East a distance of 1726.90 feet along the |
|
south line of said 30.000 acre tract to a 1/2" iron rod found in the |
|
west line of that certain 190.7175 acre tract described in Doc. |
|
#2024-5341 of said Official Public Records for the southeast corner |
|
of said 30.000 acre tract and the northeast corner hereof; |
|
THENCE along the west line of said 190.7175 acre tract, the |
|
following 3 courses: |
|
1. South 18°41'51" East a distance of 117.55 feet to a 3/8" |
|
iron rod found; |
|
2. South 08°54'45" East a distance of 521.05 feet to a 3/8" |
|
iron rod found; |
|
3. South 03°53'59" East a distance of 334.52 feet to a 1/2" |
|
iron rod with cap found in the north line of that certain 240.951 |
|
acre tract described in Volume 1695, Page 597 of said Official |
|
Public Records for the southwest corner of said 190.7175 acre tract |
|
and the southeast corner hereof; |
|
THENCE South 89°32'41" West a distance of 471.82 feet along the |
|
north line of said 240.951 acre tract to a 10" pine fence corner |
|
post found in the east line of that certain 17.964 acre tract |
|
described in Doc. #2014-4695 of said Official Public Records for |
|
the northwest corner of said 240.951 acre tract and the southwest |
|
corner hereof; |
|
THENCE North 01°59'22" West a distance of 36.15 feet along the east |
|
line of said 17.964 acre tract to a 5/8" iron rod found for the |
|
northeast corner of said 17.964 acre tract and the southeast corner |
|
of that certain 15.493 acre tract described in Doc. #2018-8241 of |
|
said Official Public Records; |
|
THENCE along east and north lines of said 15.493 acre tract, the |
|
following 2 courses: |
|
1. North 00°43'46" West a distance of 327.50 feet to a 1/2" |
|
iron rod found; |
|
2. North 89°46'58" West a distance of 1762.03 feet to a 3/8" |
|
iron rod found in the east line of said Highway for the northwest |
|
corner of said 15.493 acre tract and the southwest corner hereof; |
|
THENCE North 32°35'06" East a distance of 689.32 feet along the east |
|
line of said Highway to the POINT OF BEGINNING containing 30.677 |
|
acres more or less, and as shown hereon. |
|
Note: Bearings, distances and acreage shown hereon are NAD 83, |
|
Texas North Zone and are derived from GPS techniques. Iron Rod set |
|
are 1/2 inch rod with plastic caps marked "CTLS". |
|
LEGAL DESCRIPTION - TRACT 4 |
|
190.815 ACRE TRACT |
|
LEGAL DESCRIPTION: Being 190.815 acres of land out of the D. Slack |
|
Survey, Abstract No. 948 in Hunt County, Texas and also being all of |
|
that certain 190.7175 acre tract described in Doc. #2024-5341 of |
|
the Official Public Records of said Hunt County, Texas; Said |
|
190.815 acre tract being more particularly described as follows and |
|
as surveyed under the supervision of Cross Texas Land Services, Inc |
|
in October, 2024: |
|
BEGINNING at a 1/2" iron rod found in the bed of County Road 4305 and |
|
the common line of the D. Slack Survey, Abstract No. 948 and said |
|
Sweeney Survey and the north line of that certain 240.951 acre tract |
|
described in Volume 1695, Page 597 of said Official Public Records |
|
for the southeast corner hereof; |
|
THENCE along the north line of said 240.951 acre tract and the north |
|
line, the following 2 courses: |
|
1. South 54°47'13" West a distance of 156.88 feet to a 1/2" |
|
iron rod with cap found; |
|
2. South 89°45'54" West a distance of 2735.96 feet to a 1/2" |
|
iron rod with cap found for the southeast corner of that certain |
|
30.600 acre tract described in Volume 1334, Page 427 of said |
|
Official Public Records and the southwest corner hereof; |
|
THENCE along the east line of said 30.600 acre tract, the following |
|
3 courses: |
|
1. North 03°53'59" West a distance of 334.52 feet to a 3/8" |
|
iron rod found; |
|
2. North 08°54'45" West a distance of 521.05 feet to a 3/8" |
|
iron rod found; |
|
3. North 18°41'51" West a distance of 117.55 feet to a 1/2" |
|
iron rod found for the northeast corner of said 30.600 acre tract |
|
and the southeast corner of that certain 30.000 acre tract |
|
described in Doc. #2008-15366 of said Official Public Records; |
|
THENCE the following 3 courses: |
|
1. North 11°13'02" West along the east line of said 30.000 |
|
acre tract, at a distance of 1031.37 feet pass a 3/8" iron rod found |
|
for the northeast corner of said 30.000 acre tract and the southeast |
|
corner of that certain 2.2 acre tract described in Doc. #2014-2780 |
|
of said Official Public Records, in all a total distance of 1135.69 |
|
feet along the east line of said 2.2 acre tract to a calculated |
|
point; |
|
2. North 00°04'08" East a distance of 615.43 feet along the |
|
east line of said 2.2 acre tract to a 1/2" iron rod found; |
|
3. North 89°12'29" East a distance of 3227.73 feet along the |
|
south line of that certain tract described in Volume 1460, Page 372 |
|
to a calculated point in the centerline of County Road 4305 for the |
|
common line of said Sweeney Survey and said Slack Survey for the |
|
southeast corner of said Volume 1460, Page 372 and the northeast |
|
corner hereof and from which 4" pine fence corner post found bears |
|
South 89°12'29" West a distance of 18.41 feet; |
|
THENCE along the centerline of County Road 4305 for the common line |
|
of said Sweeney Survey and said Slack Survey, the following 2 |
|
courses: |
|
1. South 00°08'05" East a distance of 1173.72 feet to a |
|
point; |
|
2. South 00°11'08" West a distance of 1458.51 feet to the |
|
POINT OF BEGINNING containing 190.815 acres more or less, and as |
|
shown hereon. |
|
Note: Bearings, distances and acreage shown hereon are NAD 83, |
|
Texas North Zone and are derived from GPS techniques. Iron Rod set |
|
are 1/2 inch rod with plastic caps marked "CTLS". |
|
LEGAL DESCRIPTION - TRACT 5 |
|
102.514 ACRE TRACT |
|
LEGAL DESCRIPTION: Being 102.514 acres of land out of the T. P. |
|
Sweeney Survey, Abstract No. 960 in Hunt County, Texas and also |
|
being all of that certain 102.552 acre tract described in Doc. |
|
#2024-5341 of the Official Public Records of said Hunt County, |
|
Texas; Said 102.514 acre tract being more particularly described as |
|
follows and as surveyed under the supervision of Cross Texas Land |
|
Services, Inc in October, 2024: |
|
BEGINNING at a calculated point in the centerline of County Road |
|
4307 for the common line of the R. McGahee Survey, Abstract No. 662 |
|
and said Sweeney Survey for the northeast corner of that certain |
|
17.322 acre tract described in Doc. #2013-4011 of said Official |
|
Public Records and the southeast corner hereof and from which a 3/4" |
|
iron rod found bears North 89°19'35" West a distance of 21.71 feet; |
|
THENCE along the north line of said 17.322 acre tract and the north |
|
line of that certain 132.198 acre tract described in Volume 1695, |
|
Page 597 of said Official Public Records, the following 2 courses: |
|
1. North 89°19'35" West a distance of 819.24 feet to a 1/2" |
|
iron rod found; |
|
2. North 89°20'17" West a distance of 1553.74 feet to a 1/2" |
|
iron rod found for the northwest corner of said 132.198 acre tract |
|
and the northeast corner of that certain 240.951 acre tract |
|
described in said Volume 1695, Page 597; |
|
THENCE North 89°19'05" West a distance of 1123.55 feet along the |
|
north line of said 240.951 acre tract to a 1/2" iron rod found in the |
|
bed of County Road 4305 and the common line of the D. Slack Survey, |
|
Abstract No. 948 and said Sweeney Survey for the northwest corner |
|
of said 240.951 acre tract and the southwest corner hereof; |
|
THENCE North 00°11'08" East a distance of 1458.51 feet along the |
|
centerline of said County Road 4305 and said common line to a |
|
calculated point for the southwest corner of that certain 10.010 |
|
acre tract described in Doc. #2024-04636 of said Official Public |
|
Records and the northwest corner hereof and from which a 1/2" iron |
|
rod found bears South 89°45'22" East a distance of 17.98 feet; |
|
THENCE South 89°45'22" East a distance of 2284.86 feet along the |
|
south line of said 10.010 acre tract and the south line of that |
|
certain 26.058 acre tract described in Doc. #2013-5747 of said |
|
Official Public Records to a 1/2" iron rod found for the southeast |
|
corner of said 26.058 acre tract and the southwest corner of that |
|
certain 10.082 acre tract described in Doc. #2021-10300 of said |
|
Official Public Records; |
|
THENCE South 89°48'34" East a distance of 381.30 feet along the |
|
south line of said 10.082 acre tract to a 1/2" iron rod with cap |
|
found for the northwest corner of that certain 14.4658 acre tract |
|
described in Doc. #2024-05070 of said Official Public Records and |
|
the northeast corner hereof; |
|
THENCE along the west and south lines of said 14.4658 acre tract, |
|
the following 2 courses: |
|
1. South 00°16'22" East a distance of 786.45 feet to a 1/2" |
|
iron rod with cap found; |
|
2. South 86°22'24" East a distance of 795.46 feet to a |
|
calculated point in the centerline of said County Road 4307 for said |
|
common line of said McGahee Survey and said Sweeney Survey for the |
|
southeast corner of said 14.4658 acre tract and a corner hereof and |
|
from which a 1/2" iron rod with cap found bears North 86°22'24" West |
|
a distance of 22.55 feet; |
|
THENCE South 02°26'39" East a distance of 652.30 feet along the |
|
centerline of said County Road 4307 for said common line of said |
|
McGahee Survey and said Sweeney Survey to the POINT OF BEGINNING |
|
containing 102.514 acres more or less, and as shown hereon. |
|
Note: Bearings, distances and acreage shown hereon are NAD 83, |
|
Texas North Zone and are derived from GPS techniques. Iron Rod set |
|
are 1/2 inch rod with plastic caps marked "CTLS". |
|
LEGAL DESCRIPTION - TRACT 6 |
|
114.976 ACRE TRACT |
|
LEGAL DESCRIPTION: Being 114.976 acres of land out of the T. P. |
|
Sweeney Survey, Abstract No. 960 in Hunt County, Texas and also |
|
being a portion of that certain 132.198 acre tract described in |
|
Volume 1695, Page 597 of the Official Public Records of said Hunt |
|
County, Texas; Said 114.976 acre tract being more particularly |
|
described as follows and as surveyed under the supervision of Cross |
|
Texas Land Services, Inc in October, 2024: |
|
BEGINNING at a 1/2" iron rod with cap found in centerline |
|
intersection of County Road 4310/4307 and the common line of the |
|
J. F. Gilbert Survey, Abstract No. 390 and said Sweeney Survey, the |
|
for the southeast corner of said 132.198 acre tract and the |
|
southeast corner hereof; |
|
THENCE North 89°45'17" West a distance of 2508.86 feet along the |
|
centerline of County Road 4310, the south line of said 132.198 acre |
|
tract and the common line of said Gilbert Survey and said Sweeney |
|
Survey to a calculated point for the southeast corner of that |
|
certain 240.951 acre tract described in said Volume 1695, Page 597, |
|
the southwest corner of said 132.198 acre tract and the southwest |
|
corner hereof and from which a 1/2" iron rod with cap found bears |
|
North 00°23'28" East a distance of 20.05 feet; |
|
THENCE North 00°23'28" East a distance of 2368.82 feet along the |
|
common line of said 240.951 acre tract and said 132.198 acre tract |
|
to a 1/2" iron rod with cap found in the south line of that certain |
|
102.552 acre tract described in Doc. #2024-5341 of said Official |
|
Public Records for the northeast corner of said 240.951 acre tract, |
|
the northwest corner of said 132.198 acre tract and the northwest |
|
corner hereof; |
|
THENCE South 89°20'17" East a distance of 1460.96 feet along the |
|
common line of said 102.552 acre tract and said 132.198 acre tract |
|
to a calculated point for the northwest corner of that certain |
|
17.322 acre tract described in Doc. #2013-4011 of said Official |
|
Public Records and the northeast corner hereof and from which a 1/2" |
|
iron rod with cap found bears South 89°20'17" East a distance of |
|
92.77 feet; |
|
THENCE along the west and south lines of said 17.322 acre tract and |
|
crossing said 132.198 acre tract, the following courses: |
|
1. South 00°05'21" East a distance of 121.94 feet to a |
|
calculated point; |
|
2. South 05°41'02" East a distance of 89.01 feet to a |
|
calculated point; |
|
3. South 03°27'48" East a distance of 110.51 feet to a |
|
calculated point; |
|
4. South 00°57'43" East a distance of 159.65 feet to a |
|
calculated point; |
|
5. South 00°38'15" East a distance of 165.15 feet to a |
|
calculated point; |
|
6. South 06°49'22" East a distance of 140.83 feet to a |
|
calculated point; |
|
7. South 06°57'07" East a distance of 47.87 feet to a t-post; |
|
8. North 89°26'29" East a distance of 913.79 feet to a |
|
calculated point in the centerline of said County Road 4307 for the |
|
common line of the R. McGahee Survey, Abstract No. 662 and said |
|
Sweeney Survey and the east line of said 132.198 acre tract for the |
|
southeast corner of said 17.322 acre tract and a corner hereof and |
|
from which a 1/2" iron rod with cap found bears South 89°26'29" West |
|
a distance of 32.39 feet; |
|
THENCE South 02°48'09" East a distance of 1540.45 feet along the |
|
centerline of said County Road 4307 for the common line of said |
|
McGahee Survey and said Sweeney Survey and the east line of said |
|
132.198 acre tract to the POINT OF BEGINNING containing 114.976 |
|
acres more or less, and as shown hereon. |
|
Note: Bearings, distances and acreage shown hereon are NAD 83, |
|
Texas North Zone and are derived from GPS techniques. Iron Rod set |
|
are 1/2 inch rod with plastic caps marked "CTLS". |
|
LEGAL DESCRIPTION - TRACT 7 |
|
89.570 ACRE TRACT |
|
LEGAL DESCRIPTION: Being 89.570 acres of land out of the J. F. |
|
Gilbert Survey, Abstract No. 390 in Hunt County, Texas and also |
|
being all of that certain 89.42 acre tract described in Doc. |
|
#2023-21984 of the Official Public Records of said Hunt County, |
|
Texas; Said 89.570 acre tract being more particularly described as |
|
follows and as surveyed under the supervision of Cross Texas Land |
|
Services, Inc in October, 2024: |
|
BEGINNING at a calculated point in the south line of County Road |
|
4310 for the northeast corner of that certain 162.036 acre tract |
|
described in Volume 302, Page 497 of said Official Public Records |
|
and the northwest corner hereof and from which a car axle found |
|
bears North 00°11'39" West a distance of 1.38 feet; |
|
THENCE North 89°46'57" East along the south line of said County Road |
|
4310 and the south line of that certain 19.55 acre tract described |
|
in Doc. #2010-366 of said Official Public Records, at a distance of |
|
2186.29 feet pass a 3/8" iron rod found for the southeast corner of |
|
said 19.55 acre tract and the southwest corner of that certain |
|
19.950 acre tract described in Doc. #2024-9188 of said Official |
|
Public Records, in all a total distance of 2211.51 feet to a |
|
calculated point for the northwest corner of that certain 22.13 |
|
acre tract described in Doc. #2022-8417 of said Official Public |
|
Records and the northeast corner hereof and from which 6" cedar |
|
fence corner post found bears South 74°15'47" West a distance of |
|
5.32 feet; |
|
THENCE South 00°04'48" West along the west line of said 22.13 acre |
|
tract, at a distance of 1475.02 feet pass a 6" pine fence corner |
|
post found for the southwest corner of said 22.13 acre tract and the |
|
northwest corner of that certain 28.01 acre tract described in Doc. |
|
#2020-19273 of said Official Public Records, in all a total |
|
distance of 1698.05 feet to a calculated point for the northeast |
|
corner of that certain 35.65 acre tract described in Doc. |
|
#2023-4933 of said Official Public Records and the southeast corner |
|
and from which a 6" pine fence corner post found bears North |
|
88°22'08" West a distance of 5.47 feet; |
|
THENCE North 88°22'08" West a distance of 855.51 feet along the |
|
north line of said 35.65 acre tract to a I-beam fence corner post |
|
found for the northwest corner of said 35.65 acre tract and the |
|
northeast corner of that certain 297.870 acre tract described in |
|
Doc. #2023-15828 of said Official Public Records; |
|
THENCE North 89°19'33" West a distance of 2051.13 feet along the |
|
north line of said 297.93 acre tract to a 6" pine fence corner post |
|
found for a corner of said 162.036 acre tract and the southwest |
|
corner hereof; |
|
THENCE along the east line of said 162.036 acre tract, the following |
|
3 courses: |
|
1. North 00°25'35" East a distance of 304.50 feet to a |
|
railroad tie fence corner post found; |
|
2. North 89°57'24" East a distance of 699.30 feet to a 6" |
|
pine fence corner post found; |
|
3. North 00°11'39" West a distance of 1336.17 feet to the |
|
POINT OF BEGINNING containing 89.570 acres more or less, and as |
|
shown hereon. |
|
Note: Bearings, distances and acreage shown hereon are NAD 83, |
|
Texas North Zone and are derived from GPS techniques. Iron Rod set |
|
are 1/2 inch rod with plastic caps marked "CTLS". |
|
LEGAL DESCRIPTION - TRACT 8 |
|
297.870 ACRE TRACT |
|
LEGAL DESCRIPTION: Being 297.870 acres of land out of the T. Toby |
|
Survey, Abstract No. 1065, the A. Skaats Survey, Abstract No. 1016 |
|
and the B. Barr Survey, Abstract No. 46 in Hunt County, Texas and |
|
also being all of that certain 297.93 acre tract described in Doc. |
|
#2023-15828 of the Official Public Records of said Hunt County, |
|
Texas; Said 297.870 acre tract being more particularly described as |
|
follows and as surveyed under the supervision of Cross Texas Land |
|
Services, Inc in October, 2024: |
|
BEGINNING at a concrete highway monument found in the northwest |
|
line of State Highway No. 224 for the southwest corner of that |
|
certain 31.915 acre tract described in Doc. #2021-6498 of said |
|
Official Public Records and the southeast corner hereof and from |
|
which an angle iron at a fence corner post found bears North |
|
61°53'25" East a distance of 2.89 feet; |
|
THENCE along the north line of said Highway, the following 4 |
|
courses: |
|
1. Along a curve turning to the right with an arc length of |
|
2208.08 feet, with a radius of 3734.72 feet, with a chord bearing of |
|
South 73°32'25" West, a distance of 2176.06 feet to a concrete |
|
highway monument found; |
|
2. North 89°35'44" West a distance of 368.06 feet to a |
|
concrete highway monument found; |
|
3. North 00°11'50" East a distance of 20.35 feet to a |
|
concrete highway monument found; |
|
4. North 89°36'21" West a distance of 864.82 feet to a 1/2" |
|
iron rod with cap found for the southeast corner of that certain |
|
15.00 acre tract described in Doc. #2023-16273 of said Official |
|
Public Records and the southwest corner hereof; |
|
THENCE along the east and north lines of said 15.00 acre tract and |
|
the north line of that certain 15.72 acre tract described in Doc. |
|
#2023-16277 of said Official Public Records, the following 2 |
|
courses: |
|
1. North 00°24'03" East a distance of 907.10 feet to a 1/2" |
|
iron rod with cap found; |
|
2. North 89°37'05" West a distance of 787.61 feet to a 1/2" |
|
iron rod cap found for the southeast corner of that certain 11.000 |
|
acre tract described in Doc. #2023-12304 of said Official Public |
|
Records and a corner hereof; |
|
THENCE along the east and north lines of said 11.000 acre tract, the |
|
following 2 courses: |
|
1. North 00°23'24" East a distance of 469.77 feet to a 1/2" |
|
iron rod with cap found; |
|
2. South 89°56'37" West, at a distance of 1000.44 feet pass a |
|
1/2" iron rod with cap found, in all a total distance of 1030.47 |
|
feet to a calculated point near the centerline of County Road 4200 |
|
for the northwest corner of said 11.000 acre tract and a corner |
|
hereof; |
|
THENCE North 00°03'45" West a distance of 589.60 feet along the |
|
centerline of said County Road 4200 to a calculated point for the |
|
southwest corner of that certain 7.43 acre tract described in Doc. |
|
#2013-7 of said Official Public Records and a corner hereof; |
|
THENCE along the south and east lines of said 7.43 acre tract, the |
|
following 2 courses: |
|
1. North 89°57'18" East, at a distance of 24.35 feet pass a |
|
1/2" iron rod with cap found, in all a total distance of 705.40 feet |
|
to a cut oof 5" pine fence corner post found; |
|
2. North 00°03'26" West a distance of 617.01 feet to a 1/2" |
|
iron rod with cap found in the south line of said County Road 4200 |
|
and the common line of the J. Stevens Survey, Abstract No. 995 and |
|
said Toby Survey for the northeast corner of said 7.43 acre tract |
|
and a corner hereof; |
|
THENCE North 89°58'28" East a distance of 141.73 feet along the |
|
common line of said Stevens Survey and said Toby Survey to a 8" |
|
cedar fence corner post found for the southeast corner of said |
|
Stevens Survey, a corner of said Barr Survey, the southwest corner |
|
of that certain 162.036 acre tract described in Volume 302, Page 497 |
|
of said Official Public Records and a corner hereof; |
|
THENCE along the southeast line of said 162.036 acre tract, the |
|
following 3 courses: |
|
1. North 89°56'13" East a distance of 2053.09 feet along the |
|
common line of said Barr Survey and said Toby Survey to a 8" cedar |
|
fence corner post found; |
|
2. North 04°42'24" East a distance of 1205.99 feet to a 8" |
|
pine fence corner post found for a corner of the J. Glass Survey, |
|
Abstract No. 349 and the northwest corner of said Barr Survey; |
|
3. North 89°29'43" East a distance of 78.57 feet along the |
|
common line of said Glass Survey and said Barr Survey to a 6" pine |
|
fence corner post found for a corner of said 162.036 acre tract and |
|
a corner of that certain 89.42 acre tract described in Doc. |
|
#2023-21984 of said Official Public Records; |
|
THENCE South 89°19'33" East a distance of 2051.13 feet along the |
|
south line of said 89.42 acre tract to a 4" I-beam fence corner post |
|
found for the northwest corner of that certain 35.65 acre tract |
|
described in Doc. #2023-4933 of said Official Public Records and |
|
the northeast corner hereof; |
|
THENCE South 00°04'11" East a distance of 1097.80 feet along the |
|
west line of said 35.65 acre tract to a 3/8" iron rod found for the |
|
southwest corner of said 35.65 acre tract and the northwest corner |
|
of said 31.915 acre tract; |
|
THENCE South 00°01'03" West a distance of 2083.58 feet along the |
|
west line of said 31.915 acre tract to the POINT OF BEGINNING |
|
containing 297.870 acres more or less, and as shown hereon. |
|
Note: Bearings, distances and acreage shown hereon are NAD 83, |
|
Texas North Zone and are derived from GPS techniques. Iron Rod set |
|
are 1/2 inch rod with plastic caps marked "CTLS". |
|
(c) Section 4015.0311, Special District Local Laws Code, as |
|
added by Section 3(a) of this Act, takes effect only if this Act |
|
receives a two-thirds vote of all the members elected to each house. |
|
(d) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 4015, Special |
|
District Local Laws Code, as added by Section 3(a) of this Act, is |
|
amended by adding Section 4015.0311 to read as follows: |
|
Sec. 4015.0311. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
SECTION 4. (a) Subtitle C, Title 4, Special District Local |
|
Laws Code, is amended by adding Chapter 4022 to read as follows: |
|
CHAPTER 4022. RIVERS MARKET PLACE MUNICIPAL MANAGEMENT DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 4022.0101. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "City" means the City of Elgin. |
|
(3) "Director" means a board member. |
|
(4) "District" means the Rivers Market Place Municipal |
|
Management District. |
|
Sec. 4022.0102. NATURE OF DISTRICT. The Rivers Market |
|
Place Municipal Management District is a special district created |
|
under Section 59, Article XVI, Texas Constitution. |
|
Sec. 4022.0103. PURPOSE; DECLARATION OF INTENT. (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. |
|
(b) 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. |
|
(c) 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. |
|
(d) This chapter and the creation of the district may not be |
|
interpreted to relieve the city from providing the level of |
|
services provided as of the effective date of the Act enacting this |
|
chapter to the area in the district. The district is created to |
|
supplement and not to supplant city services provided in the |
|
district. |
|
Sec. 4022.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
|
(a) 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. |
|
(b) The district is created to serve a public use and |
|
benefit. |
|
(c) The creation of the district is in the public interest |
|
and is essential to further the public purposes of: |
|
(1) developing and diversifying the economy of the |
|
state; |
|
(2) eliminating unemployment and underemployment; and |
|
(3) developing or expanding transportation and |
|
commerce. |
|
(d) 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. |
|
(e) 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. |
|
(f) 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. 4022.0105. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 4(b) of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in |
|
Section 4(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 issue any type of bonds for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on the bonds; |
|
(3) right to impose or collect an assessment or tax; or |
|
(4) legality or operation. |
|
Sec. 4022.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
|
All or any part of the area of the district is eligible to be |
|
included in: |
|
(1) a tax increment reinvestment zone created under |
|
Chapter 311, Tax Code; or |
|
(2) a tax abatement reinvestment zone created under |
|
Chapter 312, Tax Code. |
|
Sec. 4022.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT |
|
DISTRICTS LAW. Except as otherwise provided by this chapter, |
|
Chapter 375, Local Government Code, applies to the district. |
|
Sec. 4022.0108. CONSTRUCTION OF CHAPTER. This chapter |
|
shall be liberally construed in conformity with the findings and |
|
purposes stated in this chapter. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 4022.0201. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors who serve staggered |
|
terms of four years. |
|
(b) Directors are elected in the manner provided by |
|
Subchapter D, Chapter 49, Water Code. |
|
Sec. 4022.0202. 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 for each |
|
director in one 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. |
|
(c) Sections 375.069 and 375.070, Local Government Code, do |
|
not apply to the board. |
|
Sec. 4022.0203. TEMPORARY DIRECTORS. (a) On or after the |
|
effective date of the Act creating 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 roll |
|
for the county may submit a petition to the Texas Commission on |
|
Environmental Quality requesting that the commission appoint as |
|
temporary directors the five persons named in the petition. The |
|
commission shall appoint as temporary directors the five persons |
|
named in the petition. |
|
(b) The temporary or successor temporary directors shall |
|
hold an election to elect five permanent directors as provided by |
|
Section 4022.0201. |
|
(c) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Subsection (b); or |
|
(2) the fourth anniversary of the effective date of |
|
the Act creating this chapter. |
|
(d) If permanent directors have not been elected under |
|
Subsection (b) and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (e) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Subsection (b); or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(e) If Subsection (d) applies, 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 roll for the |
|
county may submit a petition to the Texas Commission on |
|
Environmental Quality requesting that the commission appoint as |
|
successor temporary directors the five persons named in the |
|
petition. The commission shall appoint as successor temporary |
|
directors the five persons named in the petition. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 4022.0301. GENERAL POWERS AND DUTIES. The district |
|
has the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 4022.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The |
|
district, using any money available to the district for the |
|
purpose, may 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. |
|
(b) The district may contract with a governmental or private |
|
entity to carry out an action under Subsection (a). |
|
(c) The implementation of a district project or service is a |
|
governmental function or service for the purposes of Chapter 791, |
|
Government Code. |
|
Sec. 4022.0303. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
|
The district may join and pay dues to a charitable or nonprofit |
|
organization that performs a service or provides an activity |
|
consistent with the furtherance of a district purpose. |
|
Sec. 4022.0304. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
|
district may engage in activities that accomplish the economic |
|
development purposes of the district. |
|
(b) The district may establish and provide for the |
|
administration of one or more programs to promote state or local |
|
economic development and to stimulate business and commercial |
|
activity in the district, including programs to: |
|
(1) make loans and grants of public money; and |
|
(2) provide district personnel and services. |
|
(c) The district may create economic development programs |
|
and exercise the economic development powers provided to |
|
municipalities by: |
|
(1) Chapter 380, Local Government Code; and |
|
(2) Subchapter A, Chapter 1509, Government Code. |
|
Sec. 4022.0305. PARKING FACILITIES. (a) The district may |
|
acquire, lease as lessor or lessee, construct, develop, own, |
|
operate, and maintain parking facilities or a system of parking |
|
facilities, including lots, garages, parking terminals, or other |
|
structures or accommodations for parking motor vehicles off the |
|
streets and related appurtenances. |
|
(b) The district's parking facilities serve the public |
|
purposes of the district and are owned, used, and held for a public |
|
purpose even if leased or operated by a private entity for a term of |
|
years. |
|
(c) The district's parking facilities are parts of and |
|
necessary components of a street and are considered to be a street |
|
or road improvement. |
|
(d) The development and operation of the district's parking |
|
facilities may be considered an economic development program. |
|
Sec. 4022.0306. 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 district money. |
|
Sec. 4022.0307. ADDING OR EXCLUDING LAND. Except as |
|
provided by Section 4022.0308, the district may add or exclude land |
|
in the manner provided by Subchapter J, Chapter 49, Water Code, or |
|
by Subchapter H, Chapter 54, Water Code. |
|
Sec. 4022.0308. DIVISION OF DISTRICT. (a) The district may |
|
be divided into two or more new districts only if the district: |
|
(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes. |
|
(b) This chapter applies to any new district created by the |
|
division of the district, and a new district has all the powers and |
|
duties of the district. |
|
(c) Any new district created by the division of the district |
|
may not, at the time the new district is created, contain any land |
|
outside the area described by Section 4(b) of the Act enacting this |
|
chapter. |
|
(d) The board, on its own motion or on receipt of a petition |
|
signed by the owner or owners of a majority of the assessed value of |
|
the real property in the district, may adopt an order dividing the |
|
district. |
|
(e) An order dividing the district must: |
|
(1) name each new district; |
|
(2) include the metes and bounds description of the |
|
territory of each new district; |
|
(3) appoint initial directors for each new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between or among the new districts. |
|
(f) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the Texas Commission on Environmental Quality and record the |
|
order in the real property records of each county in which the |
|
district is located. |
|
(g) Any new district created by the division of the district |
|
must hold an election as required by this chapter to obtain voter |
|
approval before the district may impose a maintenance tax or issue |
|
bonds payable wholly or partly from ad valorem taxes. |
|
(h) Municipal consent to the creation of the district and to |
|
the inclusion of land in the district granted under Section |
|
4022.0506 acts as municipal consent to the creation of any new |
|
district created by the division of the district and to the |
|
inclusion of land in the new district. |
|
Sec. 4022.0309. EMINENT DOMAIN. Subject to the limitations |
|
provided by Section 54.209, Water Code, the district may exercise |
|
the power of eminent domain in the manner provided by Section |
|
49.222, Water Code. |
|
SUBCHAPTER D. ASSESSMENTS |
|
Sec. 4022.0401. PETITION REQUIRED FOR FINANCING SERVICES |
|
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
|
service or improvement project with assessments under this chapter |
|
unless a written petition requesting that service or improvement |
|
has been filed with the board. |
|
(b) A petition filed under Subsection (a) must be signed by |
|
the owners of a majority of the assessed value of real property in |
|
the district subject to assessment according to the most recent |
|
certified tax appraisal roll for the county. |
|
Sec. 4022.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
|
The board by resolution may impose and collect an assessment for any |
|
purpose authorized by this chapter in all or any part of the |
|
district. |
|
(b) An assessment, a reassessment, or an assessment |
|
resulting from an addition to or correction of the assessment roll |
|
by the district, penalties and interest on an assessment or |
|
reassessment, an expense of collection, and reasonable attorney's |
|
fees incurred by the district: |
|
(1) are a first and prior lien against the property |
|
assessed; |
|
(2) are superior to any other lien or claim other than |
|
a lien or claim for county, school district, or municipal ad valorem |
|
taxes; and |
|
(3) are the personal liability of and a charge against |
|
the owners of the property even if the owners are not named in the |
|
assessment proceedings. |
|
(c) The lien is effective from the date of the board's |
|
resolution imposing the assessment until the date the assessment is |
|
paid. The board may enforce the lien in the same manner that the |
|
board may enforce an ad valorem tax lien against real property. |
|
(d) The board may make a correction to or deletion from the |
|
assessment roll that does not increase the amount of assessment of |
|
any parcel of land without providing notice and holding a hearing in |
|
the manner required for additional assessments. |
|
SUBCHAPTER E. TAXES AND BONDS |
|
Sec. 4022.0501. TAX ELECTION REQUIRED. (a) The district |
|
must hold an election in the manner provided by Chapter 49, Water |
|
Code, or, if applicable, Chapter 375, Local Government Code, to |
|
obtain voter approval before the district may impose an ad valorem |
|
tax. |
|
(b) Section 375.243, Local Government Code, does not apply |
|
to the district. |
|
Sec. 4022.0502. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized by a majority of the district voters voting at an |
|
election under Section 4022.0501, the district may impose an |
|
operation and maintenance tax on taxable property in the district |
|
in the manner provided by Section 49.107, Water Code, for any |
|
district purpose, including to: |
|
(1) maintain and operate the district; |
|
(2) construct or acquire improvements; or |
|
(3) provide a service. |
|
(b) The board shall determine the operation and maintenance |
|
tax rate. The rate may not exceed the rate approved at the |
|
election. |
|
Sec. 4022.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE |
|
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on |
|
terms determined by the board. |
|
(b) The district may issue, by public or private sale, |
|
bonds, notes, or other obligations payable wholly or partly from ad |
|
valorem taxes, assessments, impact fees, revenue, contract |
|
payments, grants, or other district money, or any combination of |
|
those sources of money, to pay for any authorized district purpose. |
|
(c) The limitation on the outstanding principal amount of |
|
bonds, notes, or other obligations provided by Section 49.4645, |
|
Water Code, does not apply to the district. |
|
Sec. 4022.0504. BONDS SECURED BY REVENUE OR CONTRACT |
|
PAYMENTS. The district may issue, without an election, bonds |
|
secured by: |
|
(1) revenue other than ad valorem taxes, including |
|
contract revenues; or |
|
(2) contract payments, provided that the requirements |
|
of Section 49.108, Water Code, have been met. |
|
Sec. 4022.0505. BONDS SECURED BY AD VALOREM TAXES; |
|
ELECTIONS. (a) If authorized at an election under Section |
|
4022.0501, the district may issue bonds payable from ad valorem |
|
taxes. |
|
(b) At the time the district issues bonds payable wholly or |
|
partly from ad valorem taxes, the board shall provide for the annual |
|
imposition of a continuing direct annual ad valorem tax, without |
|
limit as to rate or amount, for each year that all or part of the |
|
bonds are outstanding as required and in the manner provided by |
|
Sections 54.601 and 54.602, Water Code. |
|
(c) All or any part of any facilities or improvements that |
|
may be acquired by a district by the issuance of its bonds may be |
|
submitted as a single proposition or as several propositions to be |
|
voted on at the election. |
|
Sec. 4022.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
|
board may not issue bonds until each municipality in whose |
|
corporate limits or extraterritorial jurisdiction the district is |
|
located has consented by ordinance or resolution to the creation of |
|
the district and to the inclusion of land in the district as |
|
required by applicable law. |
|
(b) This section applies only to the district's first |
|
issuance of bonds payable from ad valorem taxes. |
|
SUBCHAPTER I. DISSOLUTION |
|
Sec. 4022.0901. DISSOLUTION. (a) The board shall dissolve |
|
the district on written petition filed with the board by the owners |
|
of: |
|
(1) at least two-thirds of the assessed value of the |
|
property subject to assessment by the district based on the most |
|
recent certified county property tax rolls; or |
|
(2) at least two-thirds of the surface area of the |
|
district, excluding roads, streets, highways, utility |
|
rights-of-way, other public areas, and other property exempt from |
|
assessment by the district according to the most recent certified |
|
county property tax rolls. |
|
(b) The board by majority vote may dissolve the district at |
|
any time. |
|
(c) The district may not be dissolved by its board under |
|
Subsection (a) or (b) if the district: |
|
(1) has any outstanding bonded indebtedness until that |
|
bonded indebtedness has been repaid or defeased in accordance with |
|
the order or resolution authorizing the issuance of the bonds; |
|
(2) has a contractual obligation to pay money until |
|
that obligation has been fully paid in accordance with the |
|
contract; or |
|
(3) owns, operates, or maintains public works, |
|
facilities, or improvements unless the district contracts with |
|
another person for the ownership, operation, or maintenance of the |
|
public works, facilities, or improvements. |
|
(d) Sections 375.261, 375.262, and 375.264, Local |
|
Government Code, do not apply to the district. |
|
(b) The Rivers Market Place Municipal Management District |
|
initially includes all territory contained in the following area: |
|
Tract 1: |
|
FIELD NOTES FOR A 45.555 ACRE TRACT OF LAND OUT OF THE |
|
ELIZABETH STANDIFER SURVEY, ABSTRACT NO. 59, AND THE JONATHAN |
|
BURLESON SURVEY, ABSTRACT NO. 18, BOTH OF BASTROP COUNTY, TEXAS; |
|
BEING A PORTION OF A CALLED 60.00 ACRE TRACT OF LAND AS CONVEYED TO |
|
SHERRI MARSHALL RIVERS BY SPECIAL WARRANTY DEED RECORDED IN |
|
DOCUMENT NUMBER 201509108 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP |
|
COUNTY, TEXAS; SAID 45.555 ACRE TRACT OF LAND BEING MORE |
|
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING at a 1/2-inch iron rod found on the south |
|
right-of-way line of U.S. Highway 290 (240 feet wide) as shown on |
|
the State of Texas State Department of Highways and Public |
|
Transportation map Control No. 114-4-37, at the northeast corner of |
|
the above described Rivers 60.00 acre tract and at the northwest |
|
corner of Lot 2, Block A of Elgin Business Park II, a subdivision as |
|
recorded in Cabinet 6, Page 116A of the Plat Records of Bastrop |
|
County, Texas, for the northeast corner and POINT OF BEGINNING of |
|
the herein described tract; |
|
THENCE, with the east line of said Rivers 60.00 acre tract and |
|
the west line of said Elgin Business Park II, S 24°45'58" W, pass a |
|
1/2-inch iron rod with cap stamped "Sherwood Survey" found at the |
|
north corner of the westerly terminus of Lee Dildy Boulevard (80 |
|
feet wide) as dedicated by said plat of Elgin Business Park II, and |
|
at the southeast corner of said Lot 2, Block A at a distance of |
|
805.54 feet, pass a 1/2-inch iron rod with cap stamped "Sherwood |
|
Survey" found at the south corner of the westerly terminus of said |
|
Lee Dildy Boulevard and at the northwest corner of Lot 3, Block B of |
|
said Elgin Business Park II at a distance of 885.64, and continuing |
|
on for a total distance of 1,320.02 feet to a 1/2-inch iron rod with |
|
cap stamped "BGE INC" set for the most easterly southeast corner of |
|
the herein described tract, from which a 1/2-inch iron rod found at |
|
the southwest corner of said Lot 3, Block B and at the northwest |
|
corner of Lot 4, Block B of said Elgin Business Park II, bears S |
|
24°45'58" W a distance of 327.48 feet; |
|
THENCE, over and across said Rivers 60.00 acre tract, N |
|
64°28'08" W a distance of 538.84 feet to a 1/2-inch iron rod with cap |
|
stamped "BGE INC" set for an interior corner of the herein described |
|
tract; |
|
THENCE, continuing over and across said Rivers 60.00 acre |
|
tract, along a curve to the right, an arc distance of 139.62 feet, |
|
having a radius of 850.00 feet, a central angle of 09°24'41" and a |
|
chord which bears S 48°57'12" W a distance of 139.46 feet to a |
|
1/2-inch iron rod with cap stamped BGE INC" set for corner; |
|
THENCE, continuing over and across said Rivers 60.00 acre |
|
tract, S 53°39'32" W a distance of 406.56 feet to a 1/2-inch iron rod |
|
with cap stamped "BGE INC" set for a point of curvature of a curve to |
|
the left; |
|
THENCE, continuing over and across said Rivers 60.00 acre |
|
tract, along said curve to the left, an arc distance of 346.94 feet, |
|
having a radius of 750.00 feet, a central angle of 26°30'15" and a |
|
chord which bears S 40°24'24" W a distance of 343.85 feet to a |
|
1/2-inch iron rod with cap stamped "BGE INC" set for corner; |
|
THENCE, continuing over and across said Rivers 60.00 acre |
|
tract, S 27°09'16" W a distance of 14.82 feet to a calculated point |
|
on the south line of said Rivers 60.00 acre tract and the north line |
|
of Elgin Business Park III Phase II, a subdivision as recorded in |
|
Cabinet 7, Page 150A of the Plat Records of Bastrop County, Texas, |
|
for the most southerly corner of the herein described tract, from |
|
which a 1/2-inch iron rod with cap stamped "Sherwood Survey" found, |
|
bears S 25°58'12" W a distance of 0.47 feet; |
|
THENCE, with the south line of said Rivers 60.00 acre tract |
|
and partially with the north line of said Elgin Business Park III |
|
Phase III, N 62°52'11" W, pass a 5/8-inch iron rod found at a |
|
distance of 298.03 feet, pass a 1/2-inch iron rod found at the |
|
northwest corner of said Elgin Business Park III Phase III and at |
|
the northeast corner of a called 206.8 acre tract of land as |
|
conveyed to PRN Properties, LP by General Warranty Deed recorded in |
|
Document Number 2012016371 of the Official Public Records of Travis |
|
County, Texas, at a distance of 468.24 feet and continuing on with |
|
the north line of said PRN 206.8 acre tract for a total distance of |
|
603.62 feet to a punch mark in concrete found on the north line of |
|
said PRN 206.8 acre tract, at the southwest corner of said Rivers |
|
60.00 acre tract and at the southeast corner of a called 109.36 acre |
|
tract of land as conveyed to Elsie E. Neidig Family Partnership by |
|
Warranty Deed recorded in Volume 530, Page 558 of the Official |
|
Records of Bastrop County, Texas, for the southwest corner of the |
|
herein described tract; |
|
THENCE, with the west line of said Rivers 60.00 acre tract and |
|
the east line of said Neidig 109.36 acre tract, N 27°31'55" E a |
|
distance of 1,431.71 feet to a 1/2-inch iron rod with cap stamped |
|
"BGE INC" set on the south right-of-way line of said U.S. Highway |
|
290, at the northwest corner of said Rivers 60.00 acre tract and at |
|
the northeast corner of said Neidig 109.36 acre tract, for the |
|
northwest corner of the herein described tract, from which a TXD0T |
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Type I concrete right-of-way monument found bears S 88°56'39" W a |
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distance of 1,120.37 feet, also from which a 1/2-inch iron rod found |
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bears N 55°22'15" E a distance of 2.72 feet; |
|
THENCE, with the south right-of-way line of said U.S. Highway |
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290 and the north line of said Rivers 60.00 acre tract, N 88°56'39" |
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E, pass a TXDOT Type I concrete right-of-way monument found at a |
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distance of 1,378.47 feet, and continuing on for a total distance of |
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1,577.19 feet to the POINT OF BEGINNING and containing 45.555 acres |
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of land, more or less. |
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Tract 2: |
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FIELD NOTES FOR A 14.432 ACRE TRACT OF LAND OUT OF THE |
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ELIZABETH STANDIFER SURVEY, ABSTRACT NO. 59, BASTROP COUNTY, TEXAS; |
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BEING A PORTION OF A CALLED 60.00 ACRE TRACT OF LAND AS CONVEYED TO |
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SHERRI MARSHALL RIVERS BY SPECIAL WARRANTY DEED RECORDED IN |
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DOCUMENT NUMBER 201509108 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP |
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COUNTY, TEXAS; SAID 14.432 ACRE TRACT OF LAND BEING MORE |
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PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING at a 1/2-inch iron rod found on the north line of |
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Lot 1, Block A of Elgin Business Park III, a subdivision as recorded |
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in Cabinet 6, Page 116B of the Plat Records of Bastrop County, |
|
Texas, at the southeast corner of the above described Rivers 60.00 |
|
acre tract and at the southwest corner of Lot 4, Block B of Elgin |
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Business Park, a subdivision as recorded in Cabinet 6, Page 116A of |
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the Plat Records of Bastrop County, Texas, for the southeast corner |
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and POINT OF BEGINNING of the herein described tract; |
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THENCE, with the south line of said Rivers 60.00 acre tract |
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and partially with the north line of said Lot 1, Block A of Elgin |
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Business Park III and partially with the north line of Elgin |
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Business Park III Phase III, a subdivision as recorded in Cabinet 7, |
|
Page 150A of the Plat Records of Bastrop County, Texas, N 62°52'11" W |
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a distance of 886.44 feet to a calculated paint for the southwest |
|
corner of the herein described tract, from which a punch mark found |
|
in concrete at the southwest corner of said Rivers 60-00 acre tract, |
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bears N 62°52'11" W a distance of 603.62 feet and also from which a |
|
1/2-inch iron rod with cap stamped "Sherwood Survey" found bears S |
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25°58'12" W a distance of 0.47 feet; |
|
THENCE, over and across said Rivers 60.00 acre tract, N |
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27°09'16'' E a distance of 14.82 feet to a 1/2-inch iron rod with cap |
|
stamped "BGE INC" set for a point of curvature of a curve to the |
|
right; |
|
THENCE, continuing over and across said Rivers 60.00 acre |
|
tract, along said curve to the right, an arc. distance of 346.94 |
|
feet, having a radius of 750.00 feet, a central angle of 26°30'15" |
|
and a chord which bears N 40°24'24" E a distance of 343.85 feet to a |
|
1/2-inch iron rod with cap stamped "BGE INC" set for corner; |
|
THENCE, continuing over and across said Rivers 60.00 acre |
|
tract, N 53°39'32" E a distance of 406.56 feet to a 1/2-inch iron rod |
|
with cap stamped "BGE INC" set for a point of curvature of a curve to |
|
the right; |
|
THENCE, continuing over and across said Rivers 60.00 acre |
|
tract, along said curve to the left, an arc distance of 139.62 feet, |
|
having a radius of 850.00 feet, a Central angle of 09°24'41" and a |
|
chord which bears N 48°57'12" E a distance of 139.46 feet to a |
|
1/2-inch iron rod with cap stamped "BGE INC" set for the northwest |
|
corner of the herein described tract; |
|
THENCE, continuing over and across said Rivers 60.00 acre |
|
tract, S 54°26'03" E a distance of 538.64 feet to a 1/2-inch iron rod |
|
with cap stamped "BGE INC" set on the east line of said Rivers 60.00 |
|
acre tract and the west line of Lot 3, Block B of said Elgin Business |
|
Park II for the northeast corner of the herein described tract, from |
|
which a 1/2-inch iron rod with cap stamped "Sherwood Survey" found |
|
at the south corner of the westerly terminus of Lee Dildy Boulevard |
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(60 feet wide) as dedicated by said plat of Elgin Business Park II |
|
and at the northwest corner of Lot 3, Block B of said Elgin Business |
|
Park II, bears N 24°45'53" E a distance of 434.38 feet; |
|
THENCE, with the east line of said Rivers 60.00 acre tract and |
|
the west line of said Elgin Business Park II, S 24°45'58" W, pass a |
|
1/2-inch iron rod found at the southwest corner of said Lot 3, Block |
|
B and northwest corner of said Lot 4, Block B, both of said Elgin |
|
Business Park at a distance of 327.46 feet, and continuing on for a |
|
total distance of 858.47 feet to the POINT OF BEGINNING and |
|
containing 14.432 acres of lord, more or less. |
|
(c) Section 4022.0309, Special District Local Laws Code, as |
|
added by Section 4(a) of this Act, takes effect only if this Act |
|
receives a two-thirds vote of all the members elected to each house. |
|
(d) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 4022, Special |
|
District Local Laws Code, as added by Section 4(a) of this Act, is |
|
amended by adding Section 4022.0309 to read as follows: |
|
Sec. 4022.0309. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
SECTION 5. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
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 Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(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 this Act have been |
|
fulfilled and accomplished. |
|
SECTION 6. (a) Section 4013.0311, Special District Local |
|
Laws Code, as added by Section 1 of this Act, takes effect only if |
|
this Act receives a two-thirds vote of all the members elected to |
|
each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 4013, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 4013.0311 to read as follows: |
|
Sec. 4013.0311. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
SECTION 7. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2025. |
|
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______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 3047 passed the Senate on |
|
May 13, 2025, by the following vote: Yeas 27, Nays 4; and that the |
|
Senate concurred in House amendments on May 30, 2025, by the |
|
following vote: Yeas 27, Nays 4. |
|
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|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 3047 passed the House, with |
|
amendments, on May 28, 2025, by the following vote: Yeas 80, |
|
Nays 57, three present not voting. |
|
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|
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______________________________ |
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Chief Clerk of the House |
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|
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |