Bill Text: TX HB4628 | 2021-2022 | 87th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the creation of the Veale Ranch Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-18 - Effective immediately [HB4628 Detail]

Download: Texas-2021-HB4628-Engrossed.html

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87R20862 JXC-F
By: King of Parker H.B. No. 4628

A BILL TO BE ENTITLED
relating to the creation of the Veale Ranch Municipal Management
District No. 1; providing authority to issue bonds; providing
authority to impose assessments, fees, and taxes; granting the
power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3994 to read as follows:
CHAPTER 3994. VEALE RANCH MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3994.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means any municipality in the corporate
limits or extraterritorial jurisdiction of which the district is
located.
(3) "County" means Parker County or Tarrant County.
(4) "Director" means a board member.
(5) "District" means the Veale Ranch Municipal
Management District No. 1.
Sec. 3994.0102. NATURE OF DISTRICT. The Veale Ranch
Municipal Management District No. 1 is a special district created
under Section 59, Article XVI, Texas Constitution.
Sec. 3994.0103. 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 a county, a
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 a county or 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. 3994.0104. 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. 3994.0105. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 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. 3994.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) 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;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code; or
(3) an enterprise zone created under Chapter 2303,
Government Code.
(b) If a city or county creates a tax increment reinvestment
zone described by Subsection (a), the city or county and the board
of directors of the zone, by contract with the district, may grant
money deposited in the tax increment fund to the district to be used
by the district for:
(1) the purposes permitted for money granted to a
corporation under Section 380.002(b), Local Government Code; and
(2) any other district purpose, including the right to
pledge the money as security for any bonds or other obligations
issued by the district under Subchapter E.
(c) If a city or county creates a tax increment reinvestment
zone described by Subsection (a), the city or county may determine
the percentage of the property in the zone that may be used for
residential purposes and is not subject to the limitations provided
by Section 311.006, Tax Code.
Sec. 3994.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3994.0108. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
Sec. 3994.0109. EFFECT OF ANNEXATION. Notwithstanding any
other law, if all or any part of the territory of the district is
annexed by a city into the city's corporate limits, the district
retains all of the district's outstanding debt and obligations and
is not dissolved.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3994.0201. 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. 3994.0202. 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.
Sec. 3994.0203. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
Pos. No. Name of Director
1 Aaron Murff
2 Colin Neblett
3 Cole Evans
4 Tim Roberts
5 David Rambie
(b) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2022, and
the terms of directors appointed for positions four and five expire
June 1, 2024.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3994.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3994.0302. 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 372 or 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. 3994.0303. 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. 3994.0304. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a county or city to
provide additional law enforcement services in the district for a
fee.
Sec. 3994.0305. 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. 3994.0306. 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. 3994.0307. 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. 3994.0308. ADDING OR EXCLUDING LAND. 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. 3994.0309. 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. 3994.0310. RAIL FACILITIES. The district may
relocate, construct, acquire, improve, maintain, and operate rail
facilities and improvements in aid of those facilities.
Sec. 3994.0311. EMINENT DOMAIN. The district may exercise
the power of eminent domain in the manner provided by Section
49.222, Water Code.
Sec. 3994.0312. 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 2 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
3994.0506 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.
SUBCHAPTER D. ASSESSMENTS
Sec. 3994.0401. 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. 3994.0402. 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.
Sec. 3994.0403. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
Section 375.161, Local Government Code, does not apply to the
district.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3994.0501. 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. 3994.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 3994.0501, 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. 3994.0503. 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.
(d) 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 improvements financed by an
obligation issued under this section will be conveyed to or
operated and maintained by a county, a municipality, or other
retail utility provider pursuant to an agreement with the district
entered into before the issuance of the obligation.
Sec. 3994.0504. 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. 3994.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
3994.0501, 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. 3994.0506. CONSENT OF MUNICIPALITY AND DEVELOPMENT
AGREEMENT REQUIRED. (a) The board may not hold an election to
authorize the issuance of bonds until:
(1) the governing body of a city by ordinance or
resolution consents to the creation of the district and to the
inclusion of land in the district; and
(2) the district, the governing body of the city that
consents to the creation of the district as described by
Subdivision (1), and the owner or owners of a majority of the
assessed value of real property in the district negotiate and
execute a mutually approved and accepted development and operating
agreement, including any limitations imposed by the city.
(b) A city's consent under Subsection (a) must be granted in
the manner provided by Section 54.016, Water Code, for including
land within the corporate limits or extraterritorial jurisdiction
of a city.
SUBCHAPTER I. DISSOLUTION
Sec. 3994.0901. DISSOLUTION. (a) The board shall dissolve
the district on written petition filed with the board by the owners
of:
(1) 66 percent or more 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) 66 percent or more 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 Veale Ranch Municipal Management District
No. 1 initially includes all territory contained in the following
area:
All that certain 3790.36 acre tract or parcel of land situated in
Tarrant and Parker Counties of the State of Texas and being part of
the H. T. & B. RR Co. Survey, Section Number 3, Abstract Number 648,
the N. Underwood Survey, Abstract Number 1579, the I. & G. N. RR Co.
Survey, Abstract Number 2002, the W. Robinson Survey, Abstract
Number 1107, the I. & G. N. RR Co. Survey, Abstract Number 2224, the
I & G. N. RR Co. Survey, Abstract Number 1991, in said Parker
County; and being part of the I. & G. N. RR Co. Survey, Abstract
Number not yet assigned this date, the I & G. N. RR Co. Survey,
Abstract Number not yet assigned this date, the W. Robinson Survey,
Abstract Number 1274, the H. Lane Survey, Abstract Number 928, the
T. & N. O. RR Survey, Abstract Number 1567, the S. A. & M. G. RR Co.
Survey, Abstract Number 1479, the Socorro Farming Co. Survey,
Abstract Number 1844, the G. H. & H. RR Survey, Abstract Number 623,
the D. Dixon Survey, Abstract Number 442, the D. T. Finley Survey,
Abstract Number 1900, the D. T. Finley Survey, Abstract Number
1903, and all of the W. Atkins Survey, Abstract Number 1961 in said
Tarrant County, said tract being part of a called 3893.555 acre
tract as described in a deed to Iona L.L.C., filed 24 April 2003,
and recorded in volume 2096 page 106 of the Official Property
Records of said Parker County, Texas, (hereinafter referred to as
OPRPC), and recorded in instrument D203145633 of the Official
Records of said Tarrant County (hereinafter referred to as ORTC),
and said tract being all of a called 11.000 acre tract as described
in deed to Iona Land, L.P., filed 03 May 2005, and recorded in
instrument number D205124001, and said tract being all of the
remainder of a called 62.050 acre tract of land and all of a called
0.847 acre tract of land as described in a deed to Iona East L.L.C.,
filed 21 April 2015, recorded in Document Number 215081241 of said
ORTC, said tract also being all of a called 25.00 acre tract as
described in a deed to Iona East L.L.C., filed 21 April 2015,
recorded in Document Number 215081239 of said ORTC, and being more
particularly described as follows;
BEGINNING at a nail found at the base of a pipe fence corner post for
the most southerly southeast corner of the tract being described,
said nail having NAD83 Grid coordinates of N-6918724.96,
E-2268232.52, and said nail being the most southerly southeast
corner of said Iona 3893.555 acre tract, same being the northeast
corner of a called 584.049 acre tract of land to Aledo Real Estate
Landholdings Group LLC, filed 30 May 2007, recorded in Document
Number 207185948 of said ORTC, said nail also being on the west line
of a called 1214.617 acre tract of land as described in a deed to
Johnny Hampton (Bud) Vinson II and Cheryl R. Vinson, filed 24 May
2004, recorded in Document Number 204159103 of said ORTC;
THENCE: South 89 degrees 26 minutes 17 seconds West, with the south
line of said Iona 3893.555 acre tract and the north line of said
Aledo tract, and along and near a barbed wire fence, a distance of
5820.74 feet to a found 1/2 inch iron rod for the most southerly
southwest corner of said Iona 3893.555 acre tract, same being the
northwest corner of the Bella Flora, an Addition to said Tarrant
County, according to plat of the same authorized 12 November 2013,
and recorded in document number D213294652 of the Plat Records of
said Tarrant County, and said rod being in the east line of a called
231-522/100 acre tract of land as described in a deed to Forest C.
Barber, Jr., filed 12 November 2004, recorded in Document Number
204353915 of said ORTC;
THENCE: North 00 degrees 33 minutes 10 seconds West, with the west
line of said Iona 3893.555 acre tract and the east line of said
Barber tract, and along and near a barbed wire fence, a distance of
2870.96 feet to a found 1 inch pipe for an inner ell corner of said
Iona 3893.555 acre tract, same being the northeast corner of said
Barber tract;
THENCE: North 89 degrees 46 minutes 26 seconds West, with a south
line of said Iona 3893.55 acre tract and the north line of said
Barber tract and along and near a barbed wire fence, a distance of
1327.34 feet to a set 1/2 inch rebar for a southwest corner of said
Iona 3893.555 acre tract, same being the southeast corner of Tract
36, of the Creeks of Aledo Subdivision, filed 09 April 2003,
recorded in volume 2095 page 1608, of said OPRPC, and said rebar
being North 89 degrees 48 minutes 04 seconds East, a distance of
367.85 feet from a found 1 inch rod by a Set Stone being the
northeast corner of the J.F. Gomer Survey, Abstract Number 496;
THENCE: North 34 degrees 15 minutes 21 seconds West, with the
northeast line of said Tract 36, a distance of 569.06 feet to a set
1/2 inch rebar for an angle point in said northeast line;
THENCE: North 34 degrees 02 minutes 46 seconds West, with the
northeast line of said Tract 36, a distance of 420.94 feet to a
found capped iron rod at the base of a pipe fence corner post on the
northeast corner of said Tract 36, same being the southeast corner
of Tract 37, of the Creeks of Aledo Subdivision, filed 28 March
2001, recorded in volume 1919 page 1365 of said OPRPC;
THENCE: North 34 degrees 04 minutes 37 seconds West, with the
northeast line of said Tract 37, a distance of 483.85 feet to a set
1/2 inch rebar for an angle point in said northeast line;
THENCE: North 34 degrees 03 minutes 53 seconds West, with the
northeast line of said Tract 37, a distance of 418.88 feet to a set
1/2 inch rebar at the north corner of said Tract 37, same being the
east corner of Tract 38, of the Creeks of Aledo Subdivision, filed
22 May 2002, recorded in volume 2012 page 926 of said OPRPC;
THENCE: North 34 degrees 01 minutes 19 seconds West, with the
northeast line of said Tract 38, a distance of 289.75 feet to a pipe
fence corner post at the north corner of said Tract 38, same being
the east corner of Tract 39, of the Creeks of Aledo Subdivision,
filed 22 May 2002, recorded in volume 2012 page 926 of said OPRPC;
THENCE: North 34 degrees 06 minutes 35 seconds West, with the
northeast line of said Tract 39, a distance of 379.38 feet to a
found 1/2 inch iron rod at the base of a fence corner post, said post
being at the north corner of Tract 39, same being the east corner of
Tract 40, of the Creeks of Aledo Subdivision, filed 10 April 2002,
recorded in volume 2002 page 1945 of said OPRPC;
THENCE: North 34 degrees 08 minutes 47 seconds West, with the
northeast line of said Tract 40, a distance of 709.67 feet to a set
1/2 inch rebar for the north corner of said Tract 40, same being the
most easterly east corner of Tract 25 of the Creeks of Aledo
Subdivision, filed 10 April 2002, recorded in volume 2002 page 1945
of said OPRPC;
THENCE: North 34 degrees 06 minutes 45 seconds West, with the
northeast line of said Tract 25, a distance of 607.13 feet to a set
1/2 inch rebar for the north corner of said Tract 25, same being the
east corner of Tract 27 of the Creeks of Aledo Subdivision, filed 28
March 2001, recorded in volume 1919 page 1364 of said OPRPC;
THENCE: North 33 degrees 58 minutes 11 seconds West, with the
northeast line of said Tract 27, passing at 5.03 feet a found iron
pipe on the northeast line of said Tract 27 and continuing a total a
distance of 316.12 feet to a set 1/2 inch rebar for an angle point in
said northeast line;
THENCE: North 34 degrees 08 minutes 10 seconds West, with the
northeast line of said Tract 27, a distance of 79.78 feet to a found
iron rod for the north corner of said Tract 27, same being the east
corner of Tract 29 of the Creeks of Aledo Subdivision, filed 28
March 2001, recorded in volume 1919 page 1364 of said OPRPC;
THENCE: North 34 degrees 15 minutes 17 seconds West, with the
northeast line of said Tract 29, a distance of 322.40 feet to a set
1/2 inch rebar at the base of a pipe fence corner post for an ell
corner of said Iona 3893.555 acre tract, same being a corner of said
Tract 29;
THENCE: North 81 degrees 29 minutes 34 West, with the north line of
said Tract 29, passing at 95.36 feet a found iron rod at the
northwest corner of said Tract 29, same being the northeast corner
of said Tract 30 and passing at 744.18 feet a found iron rod at the
northwest corner of said Tract 30, same being the northeast corner
of Tract 28 and continuing a total distance of 1026.64 feet to a set
1/2 inch rebar on the northwest corner of said Tract 28, same being
the northeast corner of Tract 43 of the Creeks of Aledo Subdivision,
filed 26 April 2000, in said OPRPC;
THENCE: North 83 degrees 10 minutes 18 seconds West, with the north
line of Tract 43, passing at 250.45 feet at a set 1/2 inch rebar on
the northwest corner of said Tract 43, same being the northeast
corner of Tract 44 of said Creeks of Aledo Subdivision, filed 26
April 2000, in said OPRPC, and continuing with the north line of
said Tract 44, a total distance of 458.63 feet to a set 1/2 inch
rebar for a corner of this tract;
THENCE: North, a distance of 1969.64 feet to a set 1/2 inch rebar
for a corner of this tract;
THENCE: North 34 degrees 04 minutes 42 seconds West, a distance of
606.04 feet to a set 1/2 inch rebar for a corner of this tract;
THENCE: North 89 degrees 58 minutes 37 seconds West, and passing at
327.98 feet a found iron rod being the northeast corner of a called
5.00 acre tract as described in deed to Robert Leland Ekstrom, filed
04 May 2010, and recorded in volume 2776 page 1198 of the official
public records of said Parker County, and continuing on said course
with the north line of said Ekstrom 5 acre tract and passing at
1080.38 feet a found iron rod being the northwest corner of said
Esktrom 5 acre tract, and continuing on said course a total distance
of 1239.90 feet to a set 1/2 inch rebar for a corner of this tract;
THENCE: South 24 degrees 30 minutes 06 seconds West, a distance of
1362.24 feet to a set 1/2 inch rebar for a corner of this tract;
THENCE: West, a distance of 635.99 feet to a set 1/2 inch rebar for
the most westerly southwest corner of this tract, said rebar being
on the east line of Farm to Market Road Number 1187, same being the
west line of said Iona Tract said rebar being North 00 degrees 48
minutes 31 seconds East, a distance of 1000.26 feet from a found 1\2
inch rebar being the southwest corner of a 120.88 acre tract;
THENCE: North 00 degrees 48 minutes 31 seconds East, with the east
line of said road 1187, a distance of 2051.06 feet to a set 1/2 inch
rebar for a corner of this tract, and said rebar being on the
southeast line of Aledo Iona Road;
THENCE: With the south line of said Aledo Iona Road the following
seventeen (17) calls:
1. North 33 degrees 11 minutes 47 seconds East, a distance of
1752.65 feet to a set 1\2" rebar;
2. North 36 degrees 53 minutes 00 seconds East, a distance of
813.13 feet to a pipe fence corner post;
3. North 57 degrees 20 minutes 59 seconds East, a distance of
970.84 feet to a pipe fence corner post;
4. North 77 degrees 47 minutes 00 seconds East, a distance of
434.81 feet to a pipe fence corner post;
5. North 85 degrees 44 minutes 03 seconds East, a distance of
448.55 feet to a pipe fence corner post;
6. North 77 degrees 08 minutes 49 seconds East, a distance of
622.41 feet to a pipe fence corner post;
7. North 84 degrees 37 minutes 50 seconds East, a distance of
850.19 feet to a set 1\2" rebar;
8. South 86 degrees 35 minutes 40 seconds East, a distance of 58.49
feet to a set 1\2" rebar;
9. North 84 degrees 17 minutes 28 seconds East, a distance of
1593.30 feet to a fence corner post;
10. North 84 degrees 12 minutes 06 seconds East, a distance of
1463.59 feet to a fence corner post;
11. North 84 degrees 26 minutes 03 seconds East, a distance of
377.37 feet to a fence corner post;
12. North 84 degrees 18 minutes 18 seconds East, a distance of
378.43 feet to a set 1\2" rebar;
13. North 86 degrees 52 minutes 33 seconds East, a distance of
261.06 feet to a set 1\2" rebar;
14. South 88 degrees 14 minutes 59 seconds East, a distance of
212.79 feet to a set 1\2" rebar;
15. South 84 degrees 02 minutes 19 seconds East, a distance of
189.05 feet to a set 1\2" rebar;
16. South 80 degrees 23 minutes 48 seconds East, a distance of
724.30 feet to a set 1\2" rebar;
17. North 09 degrees 38 minutes 43 seconds East, a distance of
41.36 feet to a set 1\2" rebar for a corner of this tract, said
rebar being on the south line of the Union Pacific Railroad,
formerly known as the Texas & Pacific Railway;
THENCE: With the south line of said Railroad the following eighteen
(18) calls:
1. South 80 degrees 21 minutes 17 seconds East, a distance of
549.51 feet to a set 1\2" rebar for an angle point, said rebar
being on the west line of said Lane Survey, same being the east
line of said Robinson Survey;
2. South 00 degrees 31 minutes 22 seconds East, with the west line
of said Lane Survey, and the east line of said Robinson Survey,
a distance of 25.40 feet to a set 1\2" rebar for a corner;
3. South 80 degrees 21 minutes 17 seconds East, a distance of
1999.95 feet to a set 1\2" rebar for a start of a curve to the
right;
4. With said curve to the right, an arc length of 766.60 feet, with
a central angle of 25 degrees 35 minutes 43 seconds, and a
radius of 1716.07 feet, and a chord bearing and distance of
South 67 degrees 33 minutes 26 seconds East, 760.25 feet to a
set 1\2 inch rebar for the end of said curve to the right;
5. South 54 degrees 45 minutes 35 seconds East, a distance of
411.67 feet to a set 1\2 inch rebar for the start of a curve to
the left;
6. With said curve to the left, an arc length of 1133.46 feet, with
a central angle of 31 degrees 40 minutes 10 seconds, and a
radius of 2050.63 feet, with a chord bearing and distance of
South 70 degrees 35 minutes 40 seconds East, 1119.09 feet to a
set 1\2 inch rebar for the end of said curve to the left;
7. South 86 degrees 25 minutes 45 seconds East, a distance of
2213.78 feet to a set 1\2 inch rebar for the start of a curve to
the left;
8. With said curve to the left, an arc length of 192.54 feet, with
a central angle of 05 degrees 24 minutes 18 seconds, and a
radius of 2041.02 feet, with a chord bearing and distance of
South 89 degrees 07 minutes 54 seconds East, 192.47 feet to a
set 1\2 inch rebar for the end of said curve to the left, said
rebar being on the west line of said Socorro Survey, same being
the east line of said S.A.&M.G. RR Co Survey, A-1479;
9. North 00 degrees 33 minutes 35 seconds West, with the west line
of said Socorro Survey, and with the east line of said
S.A.&M.G. RR Survey, a distance of 25.01 feet to a set 1\2 inch
rebar for the start of a curve to the left;
10. With said curve to the left, an arc length of 576.88 feet, with
a central angle of 16 degrees 23 minutes 43 seconds, and a
radius of 2016.02 feet, with a chord bearing and distance of
North 79 degrees 57 minutes 09 seconds East, 574.92 feet to a
set 1\2 inch rebar for the end of said curve to the left;
11. South 18 degrees 14 minutes 42 seconds East, a distance of
50.01 feet to a set 1\2 inch rebar for the start of a curve to
the left;
12. With said curve to the left, an arc length of 238.39 feet, with
a central angle of 06 degrees 36 minutes 40 seconds, and a
radius of 2066.03 feet, with a chord bearing and distance of
North 68 degrees 26 minutes 58 seconds East, 238.26 feet to a
set 1\2 inch rebar for the end of said curve to the left;
13. North 65 degrees 08 minutes 20 seconds East, a distance of
460.91 feet to a set 1\2 inch rebar for the start of a curve to
the right;
14. With said curve to the right, an arc length of 789.93 feet,
with a central angle of 11 degrees 17 minutes 02 seconds, and a
radius of 4011.02 feet, with a chord bearing and distance of
North 72 degrees 14 minutes 04 seconds East, 788.66 feet to a
set 1\2 inch rebar for the end of said curve to the right;
15. North 12 degrees 07 minutes 25 seconds West, a distance of
50.01 feet to a set 1\2 inch rebar for the start of a curve to
the right;
16. With said curve to the right, an arc length of 83.77 feet, with
a central angle of 01 degrees 10 minutes 55 seconds, and a
radius of 4061.03 feet, with a chord bearing and distance of
North 78 degrees 28 minutes 03 seconds East, 83.77 feet to a
set 1\2 inch rebar for the end of said curve to the right, same
being the start of a compound curve to the right;
17. With said compound curve to the right, an arc length of 1607.42
feet, with a central angle of 17 degrees 33 minutes 43
seconds, and a radius of 5244.19 feet, with a chord bearing
and distance of North 88 degrees 43 minutes 51 seconds East,
1601.13 feet to a set 1\2 inch rebar for the end of said
compound curve to the right;
18. South 82 degrees 08 minutes 49 seconds East, and passing at
280.72 feet a found 1 inch pipe by a fence corner post on the
east line of said G.H.&H. RR Survey, same being the west line
of said Dixon Survey, and being the northeast corner of said
Iona 3893.555 acre tract, same being the northwest corner of
said Iona East 25.00 acre tract, and continuing on said
course, a total distance of 1633.04 feet to a set 1/2 inch
rebar for the most northerly northeast corner of this tract,
same being the northeast corner of said Iona East 25.00 acre
tract, said rebar being on the west line of Farm to Market Road
2871 and said rebar being the start of a curve to the left,
having a central angle of 22 degrees 31 minutes 58 seconds, a
radius of 2417.57 feet, and a chord bearing and distance of
South 11 degrees 35 minutes 48 seconds East, 944.64 feet;
THENCE: With the west line of said FM Road 2871, and with said curve
to the left, an arc length of 950.76 feet to a found capped iron rod
for the most easterly southeast corner of this tract, said rod being
the southeast corner of said Iona East 0.847 acre tract and said rod
being the remainder northeast corner of a called 3.429 acre tract as
described in deed to Benbrook Christian Fellowship, filed 16 June
2005, and recorded in county clerks number D205170789 of said ORTC;
THENCE: South 64 degrees 26 minutes 52 seconds West, with the south
line of said Iona East 0.847 acre tract part of the way, a distance
of 475.37 feet to a found 1/2 inch iron rod for a corner of this
tract, said rod being a corner of a called 11.350 acre tract as
described in deed to Benbrook Christian Fellowship, filed 11
November 2003, and recorded in county clerks number D203422046 of
said ORTC;
THENCE: South 47 degrees 54 minutes 42 seconds West, with the north
line of said 11.350 acre tract, a distance of 222.02 feet to a set
1/2 inch iron rod for a corner of this tract, same being a corner of
said 11.350 acre tract;
THENCE: South 31 degrees 23 minutes 01 seconds West, with the north
line of said 11.350 acre tract, and with a barbed wire fence, a
distance of 625.02 feet to a set 1/2 inch rebar for the most
southerly southeast corner of said Iona East 62.050 Acre tract,
same being the southwest corner of said 11.350 acre tract;
THENCE: South 89 degrees 36 minutes 36 seconds West, with the south
line of said Iona East 62.050 acre tract, a distance of 597.88 feet
to a set 1/2 inch rebar for the southwest corner of said Iona East
62.050 Acre tract, same being the northwest corner of Lot 1, Block
1, of the Benbrook Water and Sewer Authority Tank Site, filed in
cabinet A, slide 4324, of the plat records of said Tarrant County,
said rebar also being on the east line of said Iona 3893.555 acre
tract;
THENCE: South 00 degrees 21 minutes 32 seconds East, with the east
line of said Iona 3893.555 acre tract, and with the west line of
said Benbrook Water and Sewer Authority Tank Site, a distance of
8.83 feet to a found capped iron rod for the most southerly
southeast corner of said Iona 3893.555 acre tract, same being the
northeast corner of a called 117.198 acres tract of land as
described in a deed to PB Ventana 1 LLC, filed 17 June 2015,
recorded in Document Number 215129625, of said ORTC;
THENCE: South 89 degrees 26 minutes 37 seconds West, with the south
line of said Iona tract and the north line of said PB Ventana tract,
and with a barbed wire fence, a distance of 3712.74 feet to a found 1
inch iron rod for an inner ell corner of said Iona 3893.555 acre
tract, same being the northwest corner of a called 162.310 acre
tract as described in a deed to PB Long Term Hold 1, LP, filed 17
June 2015, recorded in Document Number 215129626 of said ORTC;
THENCE: South 00 degrees 32 minutes 18 seconds East, with the east
line of said Iona 3893.555 acre tract and the west line of said PB
Long Term tract, and along and near a barbed wire fence part of the
way, a distance of 6921.26 feet to a found 1 inch iron rod for a
southeast corner of said Iona 3893.555 acre tract, same being an
inner ell corner of said Vinson tract;
THENCE: South 89 degrees 27 minutes 33 Seconds West, with the south
line of said Iona 3893.555 acre tract and the north line of said
Vinson tract, a distance of 3180.16 feet to a found 1 inch iron rod
for an ell corner of said Iona 3893.555 acre tract, same being the
most westerly northwest corner of said Vinson tract;
THENCE: South 00 degrees 32 minutes 52 seconds East, with the east
line of said Iona 3893.555 acre tract and the west line of said
Vinson tract, a distance of 3556.23 feet to the POINT OF BEGINNING
and containing 3790.36 acres of land.
NAD 83 Grid Bearings and Distances reflect Surface Measurements.
Parts of the G.H. & H. Railroad Company Survey, Abstract No. 623,
the D.H. Dickson Survey, Abstract NO. 442, the Heirs of N. Proctor
Survey, Abstract No. 1229, the James F. Elliott Survey, Abstract
No. 495, the Mckinney & Williams Survey, Abstract NO. 117, and the
J.R. Elliott Survey, Abstract No. 494, all situated in the west
part of Tarrant County, Texas; and Embracing A Portion of the
2342-908/1000 acres tract described in the deed to Harold V.
Johnson III and Deborah Johnson Ryan recorded in volume 6053, Page
268 of the Tarrant County, Deed Records.
Beginning at the most southwest corner of said Johnson tract in the
north line of the Texas and Pacific Railroad right of way and the
south line of Aledo Road.
Thence north no degrees-11 minutes-15 seconds west, along the west
line of said Johnson tract, 50-44/100 feet to the north line of said
Road.
Thence north 41 degrees- 06 minutes- 15 seconds west 151-20/100
feet to another southwest corner of said Johnson tract in the east
line of R.N. Highway No. 2871 (Longvue Road),
Thence north no degrees 11 minutes- 15 seconds west, along the west
line of said Johnson tract and the said east line of R.M. Highway,
4594-07/100 feet to the south right of way line of Interstate
Highway No. 20.
Thence along the said south right of way line of Interstate Highway
No. 20:
north 37 degrees-59 minutes-45 seconds east 190-28/100 feet;
north 84 degrees-28 minutes-45 seconds east 479-07/100 feet;
north 79 degrees-47 minutes-45 seconds east 484-23/100 feet;
north 78 degrees-45 minutes-45 seconds east 564-70/100 feet;
north 76 degrees-30 minutes-45 seconds east 650-74/100 feet;
north 76 degrees-07 minutes-45 seconds east 1515-57/100 feet;
south 84 degrees-35 minutes-15 seconds east 105-95/100 feet;
north 76 degrees-07 minutes-45 seconds east 579-74/100 feet;
south 28 degrees-25 minutes-15 seconds east 160-38/100 feet;
north 61 degrees-34 minutes-45 seconds east 40 feet to the center of
Team Ranch Road.
Field notes for the partition of the LUDIE TEAM PAUL RANCH for:
PARCEL NO. 5
Thence south 28 degrees -25 minutes-15 seconds east 656-71/100
feet.
Thence south 61 degrees-34 minutes-45 seconds west 1600 feet.
Thence south 28 degrees-25 minutes-15 seconds east 3043-28/100
feet.
Thence south 61 degrees- - 34 minutes 45 seconds west 1250 feet.
Thence south 28 degrees- 25 minutes-15 seconds east 1583/03/100
feet to the said north line of the T & P Railroad right of way and
the south line of Aledo Road for the south line of said Johnson
tract.
Thence westerly along the said north line of Railroad right of way,
the south line of Aledo Road for the said south line of
Johnson-tract;
south 81 degrees-22 minutes-44 seconds west 166-59/100 feet;
south 83 degrees-22 minutes-44 seconds west 200 feet;
South 85 degrees-22 minutes-44 seconds west 200 feet;
south 87 degrees-37 minutes-44 seconds west 200 feet;
south 89 degrees-22 minutes-44 seconds west 200 feet;
north 88 degrees-22 minutes-16 seconds west 200 feet;
north 86 degrees- 22 minutes-16 seconds west 200 feet;
north 84 degrees-22 minutes-16 seconds west 200 feet;
north 82 degrees-52 minutes-16 seconds west 200 feet;
north 82 degrees-37 minutes-16 seconds west 2664-25/100 feet to the
place of beginning and containing 532-514/1000 acres.
SAVE AND EXCEPT that certain property conveyed to the Fort Worth
Independent School District, filed December 20, 2019, recorded
under Clerk's File No(s). D219293163, Real Property Records,
Tarrant County, Texas.
SECTION 3. (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 4. (a) Section 3994.0311, 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 3994, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 3994.0311 to read as follows:
Sec. 3994.0311. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. 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, 2021.