Bill Text: TX HB5344 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to the eligibility of certain retired firefighters, police officers, and emergency medical services providers to purchase continued health benefits coverage; the creation of certain special purpose districts and the name, powers, and duties of the 3 B&J Municipal Utility District; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2023-06-13 - See remarks for effective date [HB5344 Detail]

Download: Texas-2023-HB5344-Enrolled.html

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H.B. No. 5344

AN ACT
relating to the eligibility of certain retired firefighters, police
officers, and emergency medical services providers to purchase
continued health benefits coverage; the creation of certain special
purpose districts and the name, powers, and duties of the 3 B&J
Municipal Utility District; granting a limited power of eminent
domain; providing authority to issue bonds; providing authority to
impose assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 175.001, Local Government Code, is
amended to read as follows:
Sec. 175.001. APPLICABILITY. (a) In this section,
"township" means a special district with territory that only
includes a census designated place, as designated by the United
States Bureau of the Census.
(b) This chapter applies to a person who:
(1) retires from:
(A) county employment in a county with a
population of 75,000 or more;
(B) employment by an appraisal district in a
county with a population of 75,000 or more;
(C) municipal employment in a municipality with a
population of 25,000 or more; [or]
(D) employment as a firefighter or emergency
medical services provider by an emergency services district located
wholly or partly in a county with a population of 150,000 or more;
or
(E) employment as a firefighter, police officer,
or emergency medical services provider by a township with a
population of 110,000 or more; and
(2) is entitled to receive retirement benefits from a
county, appraisal district, or municipal retirement plan, [or]
emergency services district, or township.
SECTION 2. (a) Subtitle C, Title 4, Special District Local
Laws Code, is amended by adding Chapter 4001 to read as follows:
CHAPTER 4001. DENTON COUNTY MUNICIPAL MANAGEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 4001.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "County" means Denton County, Texas.
(3) "Director" means a board member.
(4) "District" means the Denton County Municipal
Management District No. 2.
Sec. 4001.0102. NATURE OF DISTRICT. The Denton County
Municipal Management District No. 2 is a special district created
under Section 59, Article XVI, Texas Constitution.
Sec. 4001.0103. 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
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 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 services provided in the
district.
Sec. 4001.0104. 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. 4001.0105. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2(b) of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2(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. 4001.0106. 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. 4001.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 4001.0108. 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. 4001.0201. 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. 4001.0202. 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. 4001.0203. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district 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 49.102, Water Code.
(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 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
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
may submit a petition to the commission 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. 4001.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 4001.0302. 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. 4001.0303. 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. 4001.0304. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county, to provide law enforcement services in the
district for a fee.
Sec. 4001.0305. 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. 4001.0306. 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. 4001.0307. 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. 4001.0308. 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. 4001.0309. 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. 4001.0310. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
Section 375.161, Local Government Code, does not apply to the
district.
Sec. 4001.0311. EMINENT DOMAIN. The district may exercise
the power of eminent domain in the manner provided by Section
49.222, Water Code.
Sec. 4001.0312. 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(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 temporary 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
4001.0506 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. 4001.0401. 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. 4001.0402. 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. 4001.0501. 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. 4001.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 4001.0501, 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. 4001.0503. 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 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.
Sec. 4001.0504. 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. 4001.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
4001.0501, 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. 4001.0506. 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. 4001.0901. 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 Denton County Municipal Management District No. 2
initially includes all territory contained in the following area:
TRACT I:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN THE B. WAY SURVEY, ABSTRACT NUMBER 1350, W. JOHNSON
SURVEY, ABSTRACT NUMBER 680, J. STEWART, ABSTRACT NUMBER 1199,
DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT DESCRIBED IN A DEED
TO CLEAR CREEK RIDGE, LLC, RECORDED IN VOLUME 5127, PAGE 1955, AND
VOLUME 5127, PAGE 1951, REAL PROPERTY RECORDS OF DENTON COUNTY,
TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2 INCH IRON PIN FOUND AT THE SOUTHERN MOST
SOUTHEAST CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
PAGE 1955 AND BEING ON THE WEST LINE OF A DEED TO F. JEFFERY CHARNEY,
RECORDED IN VOLUME 3035, PAGE 534, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS, AND BEING ON THE NORTHERN MOST NORTHEAST CORNER OF A
TRACT DESCRIBED IN A DEED TO ROYAL WHITE JONES, RECORDED IN VOLUME
1231, PAGE 701, DEED RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH 71 DEGREES 47 MINUTES 53 SECONDS WEST WITH THE
SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
1955, A DISTANCE OF 5542.39 FEET TO A 1/2 INCH IRON PIN SET AT THE
SOUTHERN MOST SOUTHWEST CORNER OF SAID CLEAR CREEK RIDGE TRACT IN
VOLUME 5127, PAGE 1955, AN INNER ELL CORNER OF A TRACT DESCRIBED IN
A DEED TO CASEY MARK HARRINGTON, RECORDED IN VOLUME 2031, PAGE 348,
REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH WITH A WEST LINE OF SAID CLEAR CREEK RIDGE TRACT
IN VOLUME 5127, PAGE 1955, A DISTANCE OF 240.00 FEET TO A 1/2 INCH
IRON PIN SET AT A SOUTHWEST CORNER OF SAID CLEAR CREEK RIDGE TRACT
IN VOLUME 5127, PAGE 1955;
THENCE SOUTH 89 DEGREES 24 MINUTES 00 SECONDS EAST, A
DISTANCE OF 154.60 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER AT AN
INNER ELL CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
PAGE 1955 AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO
MARY TOM CRAVENS CURNUTT, RECORDED IN VOLUME 2505, PAGE 298, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH 15 DEGREES 54 MINUTES 04 SECONDS EAST WITH THE
WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
A DISTANCE OF 2222.30 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER;
THENCE SOUTH 82 DEGREES 47 MINUTES 03 SECONDS EAST WITH A
SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
1955, A DISTANCE OF 667.90 FEET TO A 1/2 INCH IRON PIN FOUND FOR
CORNER;
THENCE NORTH 56 DEGREES 22 MINUTES 21 SECONDS EAST WITH A
SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
1955, A DISTANCE OF 642.42 FEET TO A 1/2 INCH IRON PIN FOUND FOR
CORNER;
THENCE NORTH 50 DEGREES 04 MINUTES 04 SECONDS EAST WITH A
SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
1955, A DISTANCE OF 311.43 FEET TO A 1/2 INCH IRON PIN FOUND FOR
CORNER;
THENCE NORTH 36 DEGREES 03 MINUTES 57 SECONDS EAST WITH THE
WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
A DISTANCE OF 1119.19 FEET TO A 1/2 INCH IRON PIN FOUND FOR CORNER;
THENCE NORTH 26 DEGREES 07 MINUTES 18 SECONDS WEST WITH THE
WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
A DISTANCE OF 1390.50 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER;
THENCE NORTH 00 DEGREES 14 MINUTES 50 SECONDS EAST WITH THE
WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
A DISTANCE OF 913.00 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER ON
THE NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
1955, AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME
5127, PAGE 1951;
THENCE NORTH 89 DEGREES 52 MINUTES 14 SECONDS WEST WITH A
NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955
AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
PAGE 1951, A DISTANCE OF 771.47 FEET TO A 1/2 INCH IRON PIN SET FOR
CORNER BEING ON A WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN
VOLUME 5127, PAGE 1951 AND AN EAST LINE OF A TRACT DESCRIBED IN A
DEED TO RAY HENGER, RECORDED IN VOLUME 4612, PAGE 567, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH 00 DEGREES 46 MINUTES 29 SECONDS WEST WITH A WEST
LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1951 AND
AN EAST LINE OF SAID HENGER TRACT, A DISTANCE OF 1151.02 FEET TO A
1/2 INCH IRON PIN SET FOR CORNER;
THENCE WITH CLEAR CREEK THE FOLLOWING FIFTY-FOUR (54) CALLS:
1.) NORTH 55 DEGREES 38 MINUTES 38 SECONDS EAST, A DISTANCE
OF 110.80 FEET;
2.) NORTH 51 DEGREES 23 MINUTES 04 SECONDS EAST, A DISTANCE
OF 278.21 FEET;
3.) SOUTH 70 DEGREES 46 MINUTES 01 SECONDS EAST, A DISTANCE
OF 415.87 FEET;
4.) SOUTH 40 DEGREES 58 MINUTES 38 SECONDS EAST, A DISTANCE
OF 604.83 FEET;
5.) SOUTH 51 DEGREES 09 MINUTES 01 SECONDS EAST, A DISTANCE
OF 410.80 FEET;
6.) SOUTH 37 DEGREES 53 MINUTES 33 SECONDS EAST, A DISTANCE
OF 82.37 FEET;
7.) SOUTH 18 DEGREES 46 MINUTES 16 SECONDS EAST, A DISTANCE
OF 75.16 FEET;
8.) SOUTH 05 DEGREES 46 MINUTES 16 SECONDS WEST, A DISTANCE
OF 49.39 FEET;
9.) SOUTH 22 DEGREES 04 MINUTES 06 SECONDS WEST, A DISTANCE
OF 308.38 FEET;
10.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A DISTANCE
OF 76.63 FEET;
11.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A DISTANCE
OF 547.10 FEET;
12.) SOUTH 46 DEGREES 12 MINUTES 54 SECONDS EAST, A DISTANCE
OF 174.23 FEET;
13.) NORTH 86 DEGREES 27 MINUTES 32 SECONDS EAST, A DISTANCE
OF 417.50 FEET;
14.) NORTH 53 DEGREES 53 MINUTES 06 SECONDS EAST, A DISTANCE
OF 225.22 FEET;
15.) SOUTH 70 DEGREES 20 MINUTES 06 SECONDS EAST, A DISTANCE
OF 93.57 FEET;
16.) SOUTH 54 DEGREES 37 MINUTES 57 SECONDS EAST, A DISTANCE
OF 330.11 FEET;
17.) NORTH 64 DEGREES 44 MINUTES 37 SECONDS EAST, A DISTANCE
OF 674.49 FEET;
18.) NORTH 84 DEGREES 14 MINUTES 43 SECONDS EAST, A DISTANCE
OF 100.20 FEET;
19.) SOUTH 56 DEGREES 23 MINUTES 54 SECONDS EAST, A DISTANCE
OF 116.40 FEET;
20.) SOUTH 06 DEGREES 22 MINUTES 27 SECONDS WEST, A DISTANCE
OF 228.98 FEET;
21.) SOUTH 52 DEGREES 30 MINUTES 28 SECONDS WEST, A DISTANCE
OF 271.35 FEET;
22.) SOUTH 87 DEGREES 06 MINUTES 16 SECONDS WEST, A DISTANCE
OF 326.84 FEET;
23.) SOUTH 63 DEGREES 22 MINUTES 32 SECONDS WEST, A DISTANCE
OF 93.18 FEET;
24.) SOUTH 19 DEGREES 39 MINUTES 44 SECONDS WEST, A DISTANCE
OF 274.65 FEET;
25.) SOUTH 06 DEGREES 09 MINUTES 26 SECONDS EAST, A DISTANCE
OF 129.80 FEET;
26.) SOUTH 59 DEGREES 41 MINUTES 10 SECONDS EAST, A DISTANCE
OF 155.04 FEET;
27.) NORTH 61 DEGREES 09 MINUTES 15 SECONDS EAST, A DISTANCE
OF 459.27 FEET;
28.) SOUTH 85 DEGREES 11 MINUTES 12 SECONDS EAST, A DISTANCE
OF 101.67 FEET;
29.) SOUTH 50 DEGREES 11 MINUTES 20 SECONDS EAST, A DISTANCE
OF 160.52 FEET;
30.) SOUTH 19 DEGREES 38 MINUTES 33 SECONDS EAST, A DISTANCE
OF 218.07 FEET;
31.) SOUTH 08 DEGREES 39 MINUTES 06 SECONDS WEST, A DISTANCE
OF 110.67 FEET;
32.) SOUTH 60 DEGREES 37 MINUTES 40 SECONDS WEST, A DISTANCE
OF 111.17 FEET;
33.) NORTH 71 DEGREES 44 MINUTES 44 SECONDS WEST, A DISTANCE
OF 205.32 FEET;
34.) NORTH 58 DEGREES 00 MINUTES 21 SECONDS WEST, A DISTANCE
OF 175.42 FEET;
35.) SOUTH 60 DEGREES 53 MINUTES 09 SECONDS WEST, A DISTANCE
OF 81.38 FEET;
36.) SOUTH 19 DEGREES 12 MINUTES 39 SECONDS EAST, A DISTANCE
OF 180.46 FEET;
37.) SOUTH 31 DEGREES 27 MINUTES 36 SECONDS EAST, A DISTANCE
OF 348.51 FEET;
38.) SOUTH 08 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE
OF 80.11 FEET;
39.) SOUTH 44 DEGREES 00 MINUTES 08 SECONDS WEST, A DISTANCE
OF 157.91 FEET;
40.) SOUTH 69 DEGREES 06 MINUTES 14 SECONDS WEST, A DISTANCE
OF 188.37 FEET;
41.) SOUTH 03 DEGREES 39 MINUTES 31 SECONDS WEST, A DISTANCE
OF 190.40 FEET;
42.) SOUTH 62 DEGREES 37 MINUTES 49 SECONDS EAST, A DISTANCE
OF 165.30 FEET;
43.) NORTH 43 DEGREES 07 MINUTES 44 SECONDS EAST, A DISTANCE
OF 253.82 FEET;
44.) NORTH 58 DEGREES 54 MINUTES 00 SECONDS EAST, A DISTANCE
OF 135.83 FEET;
45.) SOUTH 34 DEGREES 09 MINUTES 46 SECONDS EAST, A DISTANCE
OF 149.30 FEET;
46.) SOUTH 21 DEGREES 47 MINUTES 10 SECONDS WEST, A DISTANCE
OF 518.33 FEET;
47.) SOUTH 20 DEGREES 01 MINUTES 56 SECONDS EAST, A DISTANCE
OF 329.19 FEET;
48.) SOUTH 66 DEGREES 36 MINUTES 28 SECONDS EAST, A DISTANCE
OF 195.08 FEET;
49.) SOUTH 87 DEGREES 31 MINUTES 31 SECONDS EAST, A DISTANCE
OF 403.76 FEET;
50.) SOUTH 68 DEGREES 26 MINUTES 25 SECONDS EAST, A DISTANCE
OF 144.04 FEET;
51.) SOUTH 03 DEGREES 41 MINUTES 33 SECONDS WEST, A DISTANCE
OF 91.78 FEET;
52.) SOUTH 23 DEGREES 36 MINUTES 59 SECONDS WEST, A DISTANCE
OF 322.95 FEET;
53.) SOUTH 39 DEGREES 05 MINUTES 30 SECONDS EAST, A DISTANCE
OF 167.15 FEET;
54.) SOUTH 54 DEGREES 29 MINUTES 12 SECONDS EAST, A DISTANCE
OF 152.28 FEET TO A 1/2 INCH IRON PIN FOUND ON AN EAST LINE OF SAID
CLEAR CREEK RIDGE TRACT;
THENCE SOUTH 00 DEGREES 52 MINUTES 17 SECONDS EAST WITH AN
EAST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
A DISTANCE OF 3736.55 FEET TO THE POINT OF BEGINNING AND CONTAINING
IN ALL 535.703 ACRES OF LAND.
(c) Section 4001.0311, Special District Local Laws Code, as
added by Subsection (a) of this section, takes effect only if this
Act receives a two-thirds vote of all the members elected to each
house.
(d) If the Act enacting this section does not receive a
two-thirds vote of all the members elected to each house,
Subchapter C, Chapter 4001, Special District Local Laws Code, as
added by Subsection (a) of this section, is amended by adding
Section 4001.0311 to read as follows:
Sec. 4001.0311. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SECTION 3. (a) Subtitle F, Title 6, Special District Local
Laws Code, is amended by adding Chapter 7960 to read as follows:
CHAPTER 7960. DEER CREEK RANCH MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7960.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Deer Creek Ranch Municipal
Utility District No. 1.
Sec. 7960.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7960.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7960.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7960.0103 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.
Sec. 7960.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7960.0106. 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 made 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 bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7960.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7960.0202, directors
serve staggered four-year terms.
Sec. 7960.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission 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) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7960.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7960.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7960.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission 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. 7960.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7960.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7960.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7960.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7960.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 7960.0306. DIVISION OF DISTRICT. (a) 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.
(b) An order dividing a district may create one or more new
districts and may provide for the continuation of the district.
(c) An order dividing the district shall:
(1) name any new district;
(2) include the metes and bounds description of the
territory of each of the districts;
(3) appoint temporary directors for any new district;
and
(4) provide for the division of assets and liabilities
between the districts.
(d) The board may adopt an order dividing the district
before or after the date the board holds an election to confirm the
district's creation.
(e) The district may be divided only if the district:
(1) has never issued any bonds; and
(2) is not imposing ad valorem taxes.
(f) A 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.
(g) 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 commission and record the order in the real property
records of each county in which the district is located.
(h) 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.
(i) A new district created by the division of the district
shall hold a confirmation and directors' election.
(j) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(k) A 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.
(l) The district may continue to rely on confirmation,
directors', bond, or tax elections held prior to the division.
(m) Municipal consent to the creation of the district and to
the inclusion of land in the district 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. GENERAL FINANCIAL PROVISIONS
Sec. 7960.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 7960.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7960.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7960.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7960.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7960.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7960.0502. TAXES FOR BONDS. 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 ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7960.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
(b) The Deer Creek Ranch Municipal Utility District No. 1
initially includes all the territory contained in the following
area:
A 685.400 ACRE TRACT OF LAND SITUATED IN THE THOMAS POLK
SURVEY, ABSTRACT NO. 703, THE HENRY ASKEW SURVEY, ABSTRACT NO. 35,
ABSTRACT NO. 703, THE HENRY ASKEW SURVEY, ABSTRACT NO. 396, THE
SAMUEL W. DAVIS SURVEY, ABSTRACT NO. 1087 AND THE SAMUEL W. DAVIS
SURVEY, ABSTRACT NO. 165, LOCATED IN BELL COUNTY, TEXAS AND
McCLENNAN COUNTY, TEXAS AND BEING A PORTION OF A CALLED 730.417 ACRE
TRACT OF LAND CONVEYED TO VWB TRUST BY INSTRUMENTS RECORDED IN
DOCUMENT NO. 20160034747 OF THE OFFICIAL PPUBLIC RECORDS OF BELL
COUNTY, TEXAS AND IN DOCUMENT NO. 2016029961 OF THE OFFICIAL PUBLIC
RECORDS OF McCLENNAN COUNTY, TEXAS. SAID 685.400 ACRE TRACT BEING
MORE FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE NORTH
AMERICAN DATUM OF 1983 (NA 2011) EPOCH 2010.00, FROM THE TEXAS
COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE:
BEGINNING at a 1/2" iron rod found on a point being the
northeast corner of said 730.417-acre tract of land, for the
northeast corner and POINT OF BEGINNING hereof;
THENCE with the east boundary line of said 730.417-acre
tract, the following three (3) courses and distances:
1. S 29°39'16" E for a distance of 23.01 feet to an angle point
hereof,
2. S 29°37'25" E for a distance of 486.87 feet to an angle point
hereof, and
3. S 29°29'03" E for a distance of 493.85 feet to a point being the
northeast corner of a called 5.525-acre tract of land conveyed to
Larry Pietsch et ux, by instrument recorded in Document
No. 2010000488 of the Official Public Records of Falls County,
Texas, for an angle point hereof;
THENCE with the north boundary line of said 5.525-acre tract,
the following two (2) courses and distances:
1. S 57°58'39" W for a distance of 542.26 feet to an angle point
hereof, and
2. S 56°02'27" W for a distance of 58.49 feet to a point being the
northwest corner of said 5.525-acre tract, for an angle point
hereof;
THENCE with west boundary line of said 5.525-acre tract,
S 32°56'37" E for a distance of 396.46 feet to a point being the
northwest corner of a called 5.075-acre tract of land conveyed to
Larry Pietsch et ux, by instrument recorded in Document no.
2010000485 of the Official Public Records of Falls County, Texas,
same being the southwest corner of said 5.525-acre tract, for an
angle point hereof;
THENCE with the west boundary line of said 5.075-acre tract,
S 14°23'05" E for a distance of 363.73 feet to a point being the
southwest corner of said 5.075-acre tract for an angle point
hereof;
THENCE with the south boundary line of said 5.075-acre tract
N 59°41'47" E for a distance of 143.92 feet to a point in the
approximate west boundary line of Falls County, Texas, same being
the approximate east boundary line of Bell County, Texas, for an
angle point hereof;
THENCE departing the south boundary line of said 5.075-acre
tract with the approximate west boundary line of Falls County,
Texas, same being the approximate east boundary line of Bell
County, Texas and through the interior of said 730.417 acre tract,
S 32°52'48" E for a distance of 2076.93 feet to a point in the north
right-of-way line of County Road 498 (right-of-way width varies),
same being the southern boundary line of said 730.417-acre tract
for the southeast corner hereof;
THENCE with the north right-of-way line of County Road 498,
same being the southern boundary line of said 730.417-acre tract,
the following six (6) courses and distances:
1. S 59°45'11" W for a distance of 307.98 feet to a point
2. S 56°40'31" W for a distance of 452.77 feet to an angle point
hereof,
3. S 59°50'03" W for a distance of 818.71 feet to an angle point
hereof,
4. S 59°28'26" W for a distance of 725.73 feet to an angle point
hereof,
5. S 59°11'05" W for a distance of 653.72 feet to 1/2" iron rod
found on a point, for an angle point hereof, and
6. S 15°31'38" W for a distance of 522.86 feet to a 1/2" iron rod
found on a point being the northeasterly corner of a called 125-acre
tract of land conveyed to Jackie Elizabeth Bounds, et al by
instrument recorded on Document No. 2020014897 of the Official
Public Records of Bell County, Texas, same being a southeasterly
corner of said 730.417-acre tract, for a southeasterly corner
hereof;
THENCE with the northerly boundary line of said 125-acre
tract, same being the southerly boundary line of said 730.417-acre
tract, the following four (4) courses and distances:
1. N 68°17'07" W for a distance of 1982.29 feet to an angle point
hereof,
2. S 20°13'41" W for a distance of 1194.63 feet to a 1/2" iron rod
found on an angle point hereof,
3. N 70°00'40" W for a distance of 1040.46 feet to a 1/2" iron rod
found on an angle point hereof, and
4. S 20°16'01" W for a distance of 913.53 feet to a point in the
north boundary line of called 50.00-acre tract of land conveyed to
Howard Thomas Daye and Glenda Marie Daye, by instrument recorded in
Document No. 20085002539 of the Official Public Records of Bell
County, Texas, same being the southwesterly corner of said 125-acre
tract, for an angle point hereof;
THENCE with, in part, the northerly boundary lines of: said
50.002-acre tract, a called 9.68-acre tract conveyed to Arthur
Poston, by instrument recorded in Volume 5990, Page 314 of the
Probate Records of Bell County, Texas and a called 64-acre tract of
land conveyed to John D. Price and Vi Price, by instrument recorded
in Volume 3324, Page 204 of the Deed Records of Bell County, Texas,
respectively, same being the southerly boundary line of said
730.417-acre tract, N 69°43'06" W for a distance of 1577.88 feet to
a 1/2" iron rod found on a point in the southeasterly boundary line
of a called 89.5-acre tract of land conveyed to the H.B. Hillyard,
Jr. and Julia I. Hillyard Revocable Living Trust, by instrument
recorded in Volume 1845, Page 808 of the Deed Records of McClennan
County, Texas, for an angle point hereof;
THENCE with the southeasterly boundary line of said 89.5-acre
tract, same being the southerly boundary line of said 730.417-acre
tract, N 57°14'15" E for a distance of 1017.80 feet to a 1/2" iron
rod found on a point being the northeast corner of said 89.5-acre
tract, for an angle point hereof;
THENCE with the northerly boundary line of said 89.5-acre
tract, same being the southerly boundary line of said 730.417-acre
tract, N 73°22'08" W for a distance of 2682.51 feet to a to a 1/2"
iron rod found on a point in the easterly right-of-way of Neal Road
(right-of-way width varies), said point being the northwest corner
of said 89.5-acre tract, same being the southwesterly corner of
said 730.417-acre tract, for the southwesterly corner hereof;
THENCE with the easterly right-of-way line of said Neal Road,
same being the westerly boundary line of said 730.417-acre tract,
the following two (2) courses and distances:
N 16°44'59" E for a distance of 641.51 feet to an angle
point hereof, and
N 16°43'27" E for a distance of 1649.96 feet to a 1/2:"
iron rod found on a point in the southerly margin of Franklin
Road, said point being the northwest corner of said
730.417-acre tract, for the northwest corner hereof;
THENCE with the southerly margin of said Franklin Road, same
being the northwesterly boundary line of said 730.417-acre tract,
the following three (3) courses and distances:
1. N 88°45'56" E for a distance of 1956.89 feet to an angle point
hereof,
2. S 89°44'59" E for a distance of 1153.82 feet to a 1/2" iron rod
found on for an angle point hereof, and
3. N 59°40'59" E for a distance of 1208.65 feet to an angle point
hereof;
THENCE departing the southerly margin of Franklin Road,
through the interior of said 730.417-acre tract, S 61°17'12" E for a
distance of 29.19 feet to a point being the northwesterly corner of
a called 10.00-acre tract of land conveyed to Kimberly Worthington,
by instrument recorded in Document No. 2021020842 of the Official
Public Records of McClennan County, Texas, for an angle point
hereof;
THENCE with the westerly, southerly and easterly boundary
lines, respectively, of said 10.00-acre tract the following twelve
(12) courses and distances:
1. S 61°17'12" E for a distance of 324.55 feet to an angle point
hereof,
2. N 06°20'39" E for a distance of 80.42 feet to an angle point
hereof,
3. N 57°20'12" E for a distance of 81.81 feet to an angle point
hereof,
4. S 23°32'20" E for a distance of 67.80 feet to an angle point
hereof,
5. S 08°42'13" E for a distance of 181.25 feet to an angle point
hereof,
6. N 39°25'15" E for a distance of 103.44 feet to an angle point
hereof,
7. S 22°37'59" E for a distance of 186.24 feet to an angle point
hereof,
8. N 57°23'30" E for a distance of 88.53 feet to an angle point
hereof,
9. S 29°10'57" E for a distance of 72.30 feet to an angle point
hereof,
10. N 59°40'57" E for a distance of 20.00 feet to an angle point
hereof,
11. N 59°40'57" E for a distance of 489.21 feet to an angle point
hereof, and
12. N 30°19'01" W for a distance of 663.75 feet to a point being the
northeasterly corner of said 10.00-acre tract for an angle point
hereof;
THENCE departing the boundary line of said 10.00-acre tract,
through the interior of said 730.417-acre tract, N 30°19'01" W for a
distance of 25.02 feet to a point in the southerly margin of
Franklin Road, same being the northwesterly boundary line of said
730.417-acre tract, the following three (3) courses and distances:
1. N 59°40'59" E for a distance of 701.97 feet to an angle point
hereof,
2. N 60°40'09" E for a distance of 1305.59 feet to an angle point
hereof, and
3. N 60°36'34" E for a distance of 617.98 feet to a point to the
POINT OF BEGINNING and containing 685.400 acres in the McClennan
County, Texas and Bell County, Texas. Said tract being described in
accordance with a survey prepared under Job No. 59012-22 by
Pape-Dawson Engineers, Inc.
(c) If the Act enacting this section does not receive a
two-thirds vote of all the members elected to each house,
Subchapter C, Chapter 7960, Special District Local Laws Code, as
added by Subsection (a) of this section, is amended by adding
Section 7960.0307 to read as follows:
Sec. 7960.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(d) Section 3(c) of this Act is not intended to be an
expression of a legislative interpretation of the requirements of
Section 17(c), Article I, Texas Constitution.
SECTION 4. (a) Subtitle F, Title 6, Special District Local
Laws Code, is amended by adding Chapter 7962 to read as follows:
CHAPTER 7962. JARRELL ESTATES MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7962.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Jarrell Estates Municipal
Utility District No. 1.
Sec. 7962.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7962.0103. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7962.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7962.0103 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.
Sec. 7962.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7962.0106. 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 made 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 bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7962.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7962.0202, directors
serve staggered four-year terms.
Sec. 7962.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Jake Newman;
(2) Davis Craig;
(3) Brad Harwick;
(4) LouAnn Covington; and
(5) Stephen Fowler.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7962.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7962.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7962.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission 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. 7962.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7962.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7962.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7962.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7962.0305. COMPLIANCE WITH MUNICIPAL REGULATIONS. Any
water, sanitary sewer, road, drainage, or other infrastructure or
public facilities constructed, acquired, improved, maintained, or
operated by the district shall comply with any subdivision or other
applicable regulations of any municipality in whose corporate
limits or extraterritorial jurisdiction the infrastructure or
public facilities are located unless other regulations are
specified in a development agreement between the district and the
municipality.
Sec. 7962.0306. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 7962.0307. 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) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
7962.0103 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) 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 commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 7962.0103. If the voters of a new district do not confirm
the creation of the new district, the assets, obligations,
territory, and governance of the new district revert to the
original district.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
7962.0104 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.
(k) 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.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7962.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 7962.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7962.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7962.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(f), Water Code, does not apply to
reimbursements for projects constructed or acquired under Section
7962.0303.
Sec. 7962.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7962.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7962.0502. TAXES FOR BONDS. 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 ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7962.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
(b) The Jarrell Estates Municipal Utility District No. 1
initially includes all the territory contained in the following
area:
(a) BEGINNING: At a 2" pipe post found in the North line of
County Road 232 for the lower Southeast corner of a 649.53 Acre
Tract (Document #2004074055, Official Public Records, described in
Volume 2520, Page 200 and Volume 2598, Page 457, Official Public
Records) and an exterior corner of said 3072.64 Acre Tract and of
this tract from which a 2" pipe post found in the South line of said
county road for the Northwest corner of a 48.65 Acre Tract (surveyed
March 10, 2022) bears S 00° 18' 48" W 56.15 feet;
THENCE: Along a fence with the lower East line of said 649.53
Acre Tract and a West line of said 3072.64 Acre Tract and of this
tract as follows:
N 04° 31' 43" W 735.20 feet to a 3" pipe post found for an angle
point;
N 10° 51' 27" W 14.01 feet to a 3" pipe post found for an
interior corner of said 649.53 Acre Tract and an exterior corner of
said 3072.64 Acre Tract and of this tract;
THENCE: Along a fence with the upper South line of said 649.53
Acre Tract and a North line of said 3072.64 Acre Tract and of this
tract as follows:
N 65° 24' 32" E 680.46 feet to a 2" pipe post found for an angle
point;
N 65° 28' 50" E 651.69 feet to a 2" pipe post found for an angle
point;
N 68° 01' 01" E 2635.82 feet to a 100D nail set for the
Southeast corner of said 649.53 Acre Tract and an interior corner of
said 3072.64 Acre Tract and of this tract;
THENCE: Along a fence with the East line of Abstract No. 358,
Survey No. 1, and said 649.53 Acre Tract, the lower East line of a
1209.24 Acre Tract (Document #2014012037, Official Public
Records), the West line of Survey No. 21, and the upper West line of
said 3072.64 Acre Tract and of this tract as follows:
N 21° 16' 42" W 2553.70 feet to a 2" pipe post found for an
angle point;
N 21° 14' 51" W 877.13 feet to a steel post found for an angle
point;
N 20° 54' 03" W 2216.78 feet to a 3" pipe post found for the
Northeast corner of said 649.53 Acre Tract and an angle point of
this tract;
S 69° 04' 53" W 13.57 feet with the North line of said 649.53
Acre Tract to a 3" pipe post found for the Southeast corner of said
1209.24 Acre Tract and an angle point of this tract;
N 20° 05' 30" W 1230.33 feet to a 2" pipe post found for an
interior corner of said 1209.24 Acre Tract and the upper Northwest
corner of said 3072.64 Acre Tract and of this tract;
THENCE: Along a fence with the upper South line of said
1209.24 Acre Tract, the South line of a 5611 Acre Tract (Volume 365,
Page 115, Deed Records) and the North line of said 3072.64 Acre
Tract and of this tract as follows:
N 68° 20' 52" E 277.73 feet to a 1/2" iron pin found by 10"
cedar post for the upper Southeast corner of said 1209.24 Acre
Tract, the upper Southwest corner of said 5611 Acre Tract, and an
angle point of this tract;
N 68° 26' 45" E 5079.62 feet to a 2" pipe post found for an
angle point;
S 86° 22' 04" E 411.00 feet to a 1/2" iron pin found by 6" cedar
post for an interior corner of said 5611 Acre Tract and the upper
Northeast corner of this tract;
S 20° 51' 48" E 2076.49 feet to a 5/8" iron pin found by 3" pipe
post for an exterior corner of said 5611 Acre Tract and an interior
corner of this tract;
N 69° 23' 59" E 1379.50 feet to a 3" pipe post found for an
interior corner of said 5611 Acre Tract and an exterior corner of
this tract;
S 21° 50' 49" E 1736.87 feet to a 3" pipe post found for an
angle point;
S 20° 41' 55" E 1761.43 feet to a 3" pipe post found for the
lower Southwest corner of said 5611 Acre Tract, an interior corner
of said 3072.64 Acre Tract, an exterior corner of a 1205.00 Acre
Tract (this day surveyed), and an angle point of this tract;
S 21° 05' 42" E 540.16 feet into said 3072.64 Acre Tract to a
5/8" iron pin set for an interior corner of said 1205.00 Acre Tract
and the upper Southeast corner of this tract;
THENCE: S 68° 43' 40" W 5320.62 feet to a 5/8" iron pin set for
the Northwest corner of said 1205.00 Acre Tract and an interior
corner of this tract;
THENCE: S 21° 02' 32" E 5182.49 feet, at 2584.32 feet pass a
5/8" iron pin set for an angle point of said 1205.00 Acre Tract and
the upper Northwest corner of a 514.30 Acre Tract (this day
surveyed), continuing to a 5/8" iron pin set for an interior corner
of said 514.30 Acre Tract and an exterior corner of this tract;
THENCE: S 68° 57' 28" W 1870.94 feet to a 5/8" iron pin set for
the lower Northwest corner of said 514.30 Acre Tract and the lower
Southwest corner of this tract;
THENCE: N 20° 44' 59" W 1603.97 feet along a fence with the
East line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458, Page
859, Deed Records) and the West line of Survey No. 21 to a 1/2" iron
pin found by 10" cedar post for the Northeast corner of Survey
No. 13 and said 195.5 Acre Tract, the Southeast corner of Abstract
No. 358, and an interior corner of said 3072.64 Acre Tract and of
this tract;
THENCE: S 68° 20' 05" W 3102.03 feet along a fence with the
North line of Survey No. 13 and the South line of Abstract No. 358
to a 6" cedar post found for an exterior corner of said 3072.64 Acre
Tract and of this tract;
THENCE: Along a fence with the East line of said county road
and a West line of said 3072.64 Acre Tract and of this tract passing
2" pipe posts found as follows:
N 32° 07' 47" W 379.77 feet to an angle point;
N 33° 01' 44" W 321.50 feet to an angle point;
N 50° 45' 25" W 315.12 feet to an angle point;
N 41° 41' 33" W 368.36 feet to an angle point;
N 17° 54' 39" W 267.13 feet to an angle point;
N 22° 26' 20" W 168.35 feet to an angle point;
N 46° 44' 55" W 100.13 feet to an angle point;
N 71° 41' 21" W 102.15 feet to an angle point;
N 81° 36' 11" W 539.79 feet to the POINT OF BEGINNING.
(b) BEGINNING: At a 5/8" iron pin set under fence in the West
line of a 673.33 Acre Tract (Document #2021159264, Official Public
Records) and the lower East line of said 3072.64 Acre Tract for the
lower Southeast corner of a 1205.00 Acre Tract (this day surveyed)
and the lower Northeast corner of this tract from which a 1/2" iron
pin found for an angle point of said 1205.00 Acre Tract bears N 20°
43' 12med" W 159.01 feet;
THENCE: Along a fence with the West line of said 673.33 Acre
Tract and the lower East line of said 3072.64 Acre Tract and of this
tract as follows:
S 20° 43' 10" E 519.72 feet to a 1/2" iron pin found for an
angle point;
S 12° 01' 50" E 291.83 feet to a 5/8" iron pin found for an
interior corner of said 673.33 Acre Tract, an exterior corner of
said 3072.64 Acre Tract, and the upper Southeast corner of this
tract;
THENCE: Along a fence with the North line of Survey No. 20,
the lower North line of said 673.33 Acre Tract, and the North line
of a 30-foot Nature Trail of Spear's Ranch on Salado Creek Section
One (Cabinet T, Slides 209 thru 223, Plat Records), and the South
line of Survey No. 21, and a South line of this tract as follows:
S 69° 56' 54" W 252.66 feet to a 1/2" iron pin found by 3" pipe
post for the lower Northwest corner of said 673.33 Acre Tract, the
Northeast corner of said nature trail, and an angle point of this
tract;
S 69° 04' 11" W 416.61 feet to an angle point;
S 69° 08' 40" W 1831.06 feet to an angle point;
S 68° 48' 01" W 760.40 feet to an angle point;
S 67° 55' 49" W 1390.64 feet to an angle point;
S 69° 24' 50" W 1554.14 feet to a 2" pipe post found for the
Northwest corner of said nature trail, the Northeast corner of said
67.66 Acre Tract, and an interior corner of this tract;
THENCE: Along a fence with the West line of said nature trail,
the East line of said 67.66 Acre Tract, and the lower East line of
this tract as follows:
S 02° 25' 02" E 30.04 feet to a 1/2" iron pin found by 26" Live
Oak tree for an angle point;
S 26° 21' 04" E 218.30 feet to a 3/8" iron pin found for an
angle point;
S 26° 19' 50" E 456.50 feet to a 3/8" iron pin found by 16" Live
Oak tree for an angle point;
S 25° 01' 14" E 305.56 feet to an 18" Oak tree found for an
angle point;
S 21° 39' 46" E 165.35 feet to a 3/8" iron pin found for an
angle point;
S 16° 12' 10" E 339.66 feet to an 18" Cedar tree found for an
angle point;
S 14° 12' 03" E 533.49 feet to a 1/2" iron pin found by 18" Oak
tree for an angle point;
S 19° 05' 16" E 202.66 feet to a 3/8" iron pin found by 12" Live
Oak for an angle point;
S 14° 09' 26" E 650.74 feet to a 3/8" iron pin found by 4" cedar
post for an angle point;
S 15° 16' 20" E 383.91 feet to a 10" cedar post found for the
Northeast corner of the remainder of a 2161.001 Acre Tract
(Document #2000028918, Official Public Records), the Southeast
corner of said 67.66 Acre Tract, and the lower Southeast corner of
this tract;
THENCE: S 71° 03' 19" W 770.90 feet along a fence to a 1/2"
iron pin found by 10" creosote post for the Northwest corner of the
remainder of said 2161.001 Acre Tract, the Southwest corner of said
67.66 Acre Tract, and the lower Southwest corner of this tract;
THENCE: N 21° 37' 35" W 1396.02 feet along a fence with the
East line of Survey No. 13 and a 106.95 Acre Tract (Volume 2255,
Page 742, Official Public Records) and the West line of Survey
No. 20 to a 1/2" iron pin found by 8" creosote post for the
Northeast corner of said 106.95 Acre Tract, an angle point of said
67.66 Acre Tract, an exterior corner of said 3072.64 Acre Tract, and
an interior corner of this tract;
THENCE: Along a fence with the North line of said 106.95 Acre
Tract and a South line of said 3072.64 Acre Tract and of this tract
as follows:
S 68° 18' 48" W 1267.81 feet to a 1/2" iron pin found for an
angle point;
S 76° 37' 01" W 136.62 feet to a 40D nail found by Elm for an
angle point;
S 83° 29' 14" W 102.48 feet to a 40D nail found by Elm for an
angle point;
N 61° 35' 19" W 10.73 feet to a 6" cedar post found for an angle
point;
N 87° 05' 38" W 119.71 feet to a 1/2" iron pin found by 2" pipe
post for an angle point;
S 06° 13' 12" E 175.36 feet to a 1/2" iron pin found by 2" pipe
post for an angle point;
S 56° 36' 48" W 75.04 feet to a 1/2" iron pin found for an angle
point;
S 44° 41' 09" W 113.47 feet to a 2" pipe post found for an angle
point;
S 42° 07' 36" W 152.96 feet to a 5/8" iron pin set for the
Northwest corner of said 106.95 Acre Tract and an exterior corner of
said 3072.64 Acre Tract and of this tract;
THENCE: Along a fence with the East line of County Road 232
and a West line of said 3072.64 Acre Tract and of this tract as
follows:
N 19° 17' 35" E 134.40 feet to an angle point;
N 24° 00' 25" W 138.58 feet to an angle point;
N 38° 19' 18" W 658.87 feet to a 1/2" iron pin found by 2" pipe
post for an angle point;
N 39° 31' 29" W 250.06 feet, at 51.76 feet pass the South
terminus of a 50-foot Road Easement (this day surveyed), continuing
to an angle point;
N 44° 04' 25" W 261.31 feet to an angle point;
N 44° 10' 37" W 593.32 feet to a 2" pipe post found for an angle
point;
N 14° 32' 04" W 211.93 feet to an angle point;
N 04° 30' 47" W 470.65 feet to a 1/2" iron pin found in the
South line of a 195.5 Acre Tract (Volume 2458, Page 859, Deed
Records) and an exterior corner of said 3072.64 Acre Tract and of
this tract;
THENCE: N 68° 15' 37" E 2341.32 feet along a fence to a 10"
cedar post found for the Southeast corner of said 195.5 Acre Tract
and an interior corner of said 3072.64 Acre Tract and of this tract;
THENCE: N 20° 44' 59" W 702.86 feet along a fence with the
East line of Survey No. 13 and said 195.5 Acre Tract and the West
line of Survey No. 21 and said 3072.64 Acre Tract to a 5/8" iron pin
set for an exterior corner of a 1419.57 Acre Tract (this day
surveyed) and the lower Northwest corner of this tract;
THENCE: Crossing said 3072.64 Acre Tract with the North line
of this tract as follows:
N 68° 57' 28" E 1870.94 feet to a 5/8" iron pin set for the
lower Southeast corner of said 1419.57 Acre Tract and an interior
corner of this tract;
N 21° 02' 32" W 2598.17 feet with the lower East line of said
1419.57 Acre Tract to a 5/8" iron pin set for an angle point of said
1205.00 Acre Tract and the upper Northwest corner of this tract;
Continuing with the North line of this tract and the South
line of said 1205.00 Acre Tract as follows:
S 64° 48' 25" E 1376.79 feet, at 618.20 feet pass the North
terminus of said road easement, continuing to a 5/8" iron pin set
for an angle point;
N 72° 00' 34" E 2659.37 feet to a 5/8" iron pin set for an
interior corner of said 1205.00 Acre Tract and the upper Northeast
corner of this tract;
S 20° 22' 11" E 1911.75 feet to a 5/8" iron pin set for the
Southwest corner of said 1205.00 Acre Tract and an interior corner
of this tract;
N 67° 49' 03" E 1727.05 feet to the POINT OF BEGINNING.
(c) BEGINNING: At a 1/2" iron pin found in the West line of
County Road 232 and the South line of a 195.5 Acre Tract (Volume
2458, Page 859, Deed Records) for the Northeast corner of this tract
from which a 1/2" iron pin found in the East line of said county road
for an exterior corner of a 514.30 Acre Tract (this day surveyed)
bears N 68° 50' 18" E 54.24 feet;
THENCE: With the West line of said road and the East line of
this tract passing 1/2" iron pins found as follows:
S 04° 49' 16" E 455.90 feet to an angle point;
S 14° 52' 48" E 238.88 feet to an angle point;
S 44° 15' 55" E 602.34 feet to an angle point;
S 44° 13' 37" E 256.82 feet to an angle point;
S 39° 27' 01" E 248.02 feet to an angle point;
S 38° 18' 33" E 658.46 feet to an angle point;
S 24° 31' 17" E 109.18 feet to a 1/2" iron pin found for the
Southeast corner of this tract;
THENCE: With the North line of said county road and the South
line of this tract as follows:
S 18° 59' 07" W 95.53 feet to a 5/8" iron pin set for an angle
point;
S 44° 19' 36" W 271.53 feet to a 5/8" iron pin set for an angle
point;
S 43° 01' 41" W 369.83 feet to a 1/2" iron pin found for an
angle point;
S 42° 33' 02" W 219.62 feet to a 1/2" iron pin found for an
angle point;
S 04° 07' 18" W 76.42 feet to a 5/8" iron pin set for an angle
point;
S 37° 56' 47" W 139.57 feet, at 79.09 feet pass a found 2" pipe
post, continuing to the Southwest corner of this tract;
THENCE: Along the center of North Salado Creek with the East
line of a 12.00 Acre Tract (Document #2020075231, Official Public
Records) and a 124.74 Acre Tract (Document #2016095553, Official
Public Records) and the West line of this tract as follows:
N 41° 03' 59" W 131.42 feet to an angle point;
N 11° 53' 19" W 40.63 feet to an angle point;
N 76° 36' 27" W 45.17 feet to an angle point;
N 30° 48' 05" W 126.68 feet to an angle point;
N 78° 57' 33" W 87.41 feet to an angle point;
N 12° 44' 59" E 79.02 feet to an angle point;
N 11° 00' 13" W 73.47 feet to an angle point;
S 88° 36' 10" W 82.16 feet to an angle point;
N 66° 02' 15" W 98.65 feet to an angle point;
N 06° 27' 32" W 106.86 feet to an angle point;
N 30° 17' 17" E 145.33 feet to an angle point;
N 03° 28' 06" W 75.42 feet to an angle point;
N 37° 44' 59" W 146.89 feet to an angle point;
N 63° 26' 06" W 145.44 feet to an angle point;
N 38° 31' 49" W 136.06 feet to an angle point;
N 12° 39' 09" W 86.38 feet to an angle point;
N 04° 05' 08" W 70.68 feet to an angle point;
S 86° 18' 31" W 52.15 feet to an angle point;
N 76° 52' 51" W 106.01 feet to an angle point;
N 12° 38' 00" W 83.15 feet to an angle point;
N 23° 29' 55" W 105.25 feet to an angle point;
N 10° 37' 11" E 136.64 feet to an angle point;
N 04° 47' 52" W 86.56 feet to an angle point;
N 34° 45' 21" W 139.44 feet to an angle point;
N 06° 54' 40" W 77.72 feet to an angle point;
N 17° 40' 47" E 51.12 feet to an angle point;
N 52° 40' 44" E 193.31 feet to an angle point;
N 18° 45' 31" E 85.20 feet to an angle point;
N 23° 41' 26" W 105.23 feet to an angle point;
N 86° 35' 59" W 152.93 feet to an angle point;
N 60° 31' 27" W 77.06 feet to an angle point;
N 30° 15' 23" W 81.04 feet to an angle point;
N 67° 37' 12" W 107.25 feet to an angle point;
S 79° 56' 22" W 183.67 feet to an angle point;
N 73° 48' 39" W 94.15 feet to an angle point;
S 88° 10' 54" W 91.93 feet to an angle point;
N 53° 44' 46" W 180.85 feet to an angle point;
N 74° 50' 45" W 120.88 feet to an angle point;
N 39° 12' 26" W 60.40 feet to the Southwest corner of said
195.5 Acre Tract and the Northwest corner of this tract;
THENCE: N 68° 20' 39" E 1386.29 feet with the South line of
said 195.5 Acre Tract, at 19.37 feet pass a found 12" Pecan stump,
continuing along a fence to the POINT OF BEGINNING.
(d) BEGINNING: At a 2" pipe post found in the South line of
County Road 232 and the lower East line of a 649.53 Acre Tract
(Document # #2004074055, Official Public Records, described in
Volume 2520, Page 200 and Volume 2598, Page 457, Official Public
Records) for the Northwest corner of this tract from which a 2" pipe
post found in the North line of said county road for the upper
Southwest corner of a 1419.57 Acre Tract (this day surveyed) bears N
00° 18' 48" E 56.15 feet;
THENCE: Along a fence with the South and West line of said
county road and the North and East line of this tract as follows:
S 83° 15' 32" E 491.41 feet to a 6" cedar post found for an
angle point;
S 71° 41' 57" E 76.53 feet to a 6" cedar post found for an angle
point;
S 48° 56' 34" E 139.44 feet to a 6" cedar post found for an
angle point;
S 19° 57' 48" E 414.71 feet to a 5" cedar post found for an
angle point;
S 41° 43' 21" E 317.47 feet to a 5" cedar post found for an
angle point;
S 49° 16' 01" E 370.58 feet to a 6" cedar post found for an
angle point;
S 32° 42' 02" E 683.73 feet to a 2" pipe post found for the
Southeast corner of this tract;
THENCE: S 68° 22' 29" W 1256.52 feet along a fence with the
North line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458,
Page 859, Deed Records) and the South line of Abstract No. 358, at
1209.80 feet pass a 1/2" iron pin found by 14" Elm, continuing
without fence to the Northwest corner of said 195.5 Acre Tract and
the lower Southwest corner of this tract;
THENCE: Along the center of North Salado Creek with the North
line of a 61.80 Acre Tract (Document #2010063430, Official Public
Records) and the South line of this tract as follows:
N 02° 31' 01" W 103.87 feet to an angle point;
N 52° 32' 58" W 74.50 feet to an angle point;
N 84° 29' 40" W 104.92 feet to an angle point;
S 85° 34' 16" W 152.08 feet to an angle point;
N 80° 01' 20" W 218.89 feet to the lower Southeast corner of
said 649.53 Acre Tract and the Southwest corner of this tract;
THENCE: With the lower East line of said 649.53 Acre Tract
and the West line of this tract as follows:
N 04° 31' 03" E 649.14 feet, at 72.82 feet pass a found 2" pipe
post, continuing along a fence to a 12" cedar post found for an
angle point;
N 02° 28' 22" E 641.86 feet along a fence to a 2" pipe post
found for an angle point;
N 04° 10' 33" W 608.21 feet along a fence to the POINT OF
BEGINNING.
(c) If the Act enacting this section does not receive a
two-thirds vote of all the members elected to each house,
Subchapter C, Chapter 7962, Special District Local Laws Code, as
added by Subsection (a) of this section, is amended by adding
Section 7962.0308 to read as follows:
Sec. 7962.0308. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(d) Subsection (c) of 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. (a) Subtitle F, Title 6, Special District Local
Laws Code, is amended by adding Chapter 7968A to read as follows:
CHAPTER 7968A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
NO. 236
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7968A.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Montgomery County Municipal
Utility District No. 236.
Sec. 7968A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7968A.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7968A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7968A.0103 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.
Sec. 7968A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7968A.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 5(b) of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 5(b)
of the Act enacting this chapter form a closure. A mistake made 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 bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7968A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7968A.0202, directors
serve staggered four-year terms.
Sec. 7968A.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission 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) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7968A.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7968A.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7968A.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission 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. 7968A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7968A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7968A.0303. AUTHORITY FOR ROAD PROJECTS. Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, or a
municipality for operation and maintenance macadamized, graveled,
or paved roads, or improvements, including storm drainage, in aid
of those roads.
Sec. 7968A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7968A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7968A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section
7968A.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7968A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7968A.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7968A.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7968A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7968A.0502. TAXES FOR BONDS. 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 ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7968A.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
(b) Montgomery County Municipal Utility District No. 236
initially includes all the territory contained in the following
area:
A 231.1123 ACRE TRACT OF LAND IN THE S. TERRY SURVEY, ABSTRACT
NO. 564, MONTGOMERY COUNTY, TEXAS, BEING OUT OF AND A PART OF A
CALLED 1,702.2 ACRE TRACT CONVEYED TO DAYAKAR PUSKOOR, TRUSTEE OF
1992 GUNIGANTI CREDIT SHELTER TRUSTS, AKA THE GUNIGANTI FAMILY
TRUSTS AS RECORDED UNDER MONTGOMERY COUNTY CLERK'S FILE NUMBER
(M.C.C.F. NO.) 2019097078 (DESCRIBED UNDER M.C.C.F. NO.
2012127211), THE SAID 231.1123 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (WITH BEARINGS BASED ON
THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE, AS DETERMINED BY
GPS MEASUREMENTS):
COMMENCING at a 3/4-inch iron rod found marking an angle in
the west line of said 1,702.2 acre tract, and the west line of a
called 150.00 acre tract, conveyed to TC LB Royal Pines, LP as
recorded under M.C.C.F. NO. 2021171601;
THENCE, North 03°35'35" West, along the west line of said
1,702.2 acre tract, and said 150.00 acre tract, passing at a
distance of 10.54 feet, a found 5/8" iron rod with cap stamped
"TERRA", passing at a distance of 874 feet, the approximate
centerline of White Oak Creek, being the northwest corner of the
said 150.00 acre tract, continuing along the west line of said
1,702.2 acre tract a total distance of 4,572.60 feet, to a 1/2" iron
rod found marking the northeast corner of Lot 6, Block 3, White Oak
Crossing Sec 4 (WOC4), map or plat thereof recorded under Cabinet
(Cab.) Z, Sheet (Sht.) 3640 Montgomery County Map Records
(M.C.M.R.), and an interior corner of said 1,702.2 acre tract, and
the herein described tract;
THENCE, South 87°08'26" West, along the north lines of said
WOC4, and White Oak Crossing Sec 3 (WOC3), map or plat thereof
recorded under Cab. Z, Sht. 2286 M.C.M.R., common with the
southerly line of said 1,702.2 acre tract and the herein described
tract, a distance of 2,132.46 feet, to a 5/8" iron rod with cap
stamped "HOVIS" found marking the northwest corner of Lot 19, Block
5, of said WOC3;
THENCE, North 07°21'12" West, departing said common line,
over and across said WCO3, A 19.14 acre tract conveyed to Prabhakar
R. Guniganti as recorded under M.C.C.F. NO. 2016114018, and said
1,702.2 acre tract, a distance of 4,946.84 feet, to the west line of
said 1,702.2 acre tract marking the southwest corner, and POINT OF
BEGINNING of the herein described tract;
THENCE, North 02°19'57" West, along the west line of said
1,702.2 acre tract, passing at a distance of 7.13 feet the southerly
Right-Of-Way (R.O.W.) line of State Highway 99 (A.K.A. Grand
Parkway), as described in the agreed final judgement recorded under
M.C.C.F. NO. 2022115684, passing at a distance of 407.22 feet, the
northerly R.O.W. line of said State Highway 99, continuing a total
distance of 2,694.43 feet, to the northwest corner of said 1,702.2
acre tract and the herein described tract;
THENCE, North 86°56'15" East, along the northerly line of said
1,702.2 acre tract, a distance of 2,313.87 feet, to an angle in the
north line of said 1,702.2 acre tract and the herein described
tract;
THENCE, North 88°18'37" East, along the northerly line of said
1,702.2 acre tract, a distance of 84.62 feet, to the northeast
corner of the herein described tract;
THENCE, over and across said 1,702.2 acre tract, the
following twenty nine (29) courses and distances:
South 01°34'11" East, a distance of 523.07 feet, to an angle
in the east line of the herein described tract;
South 88°20'05" East, a distance of 320.48 feet, to an angle
in the east line of the herein described tract;
South 72°57'20" East, a distance of 524.04 feet, to an angle
in the east line of the herein described tract;
South 55°07'09" East, a distance of 242.85 feet, to an angle
in the east line of the herein described tract;
South 26°44'17" East, a distance of 274.37 feet, to an angle
in the east line of the herein described tract;
South 34°39'23" East, a distance of 466.61 feet, to an angle
in the east line of the herein described tract;
South 29°43'18" East, a distance of 94.04 feet, to an angle in
the east line of the herein described tract;
South 03°45'41" West, a distance of 196.73 feet, to an angle
in the east line of the herein described tract;
South 27°52'41" East, a distance of 382.54 feet, to an angle
in the east line of the herein described tract;
South 29°14'09" East, a distance of 98.06 feet, to an angle in
the east line of the herein described tract;
South 18°42'01" West, a distance of 156.58 feet, to an angle
in the east line of the herein described tract;
South 45°05'06" West, a distance of 138.46 feet, to an angle
in the east line of the herein described tract;
South 72°00'22" West, a distance of 171.11 feet, to an angle
in the east line of the herein described tract;
South 64°09'37" West, a distance of 133.85 feet, to the
beginning of a curve to the right;
In a southwesterly direction, along said curve to the right,
having a radius of 3,014.66 feet, a central angle of 01°26'03"
(chord bears South 64°04'47" West, 75.45 feet) and an arc distance
of 75.45 feet, to the beginning of a reverse curve to the left;
In a southwesterly direction, along said reverse curve to the
left, having a radius of 100.00 feet, a central angle of 13°17'38"
(chord bears South 57°47'21" West, 23.15 feet) and an arc distance
of 23.20 feet, to the beginning of a reverse curve to the right;
In a southwesterly direction, along said reverse curve to the
right, having a radius of 500.00 feet, a central angle of 12°42'15"
(chord bears South 57°29'40" West, 110.64 feet) and an arc distance
of 110.86 feet, to the beginning of a reverse curve to the left;
In a southwesterly direction, along said reverse curve to the
left, having a radius of 100.00 feet, a central angle of 07°23'59"
(chord bears South 60°08'48" West, 12.91 feet) and an arc distance
of 12.92 feet, to the beginning of a reverse curve to the right;
In a southwesterly direction, along said reverse curve to the
right, having a radius of 100.00 feet, a central angle of 23°30'02"
(chord bears South 68°11'50" West, 40.73 feet) and an arc distance
of 41.02 feet, to the point of tangency;
South 79°56'51" West, a distance of 52.57 feet, to the
beginning of a curve to the right;
In a westerly direction, along said curve to the right,
having a radius of 100.00 feet, a central angle of 24°12'11" (chord
bears North 87°57'04" West, 41.93 feet) and an arc distance of 42.24
feet, to the point of compound curvature;
In a northwesterly direction, along said compound curve to
the right, having a radius of 500.00 feet, a central angle of
01°07'37" (chord bears North 75°17'10" West, 9.83 feet) and an arc
distance of 9.83 feet, to the point of reverse curvature;
In a southwesterly direction, along said reverse curve to the
left, having a radius of 100.00 feet, a central angle of 59°15'48"
(chord bears South 75°38'44" West, 98.88 feet) and an arc distance
of 103.43 feet, to the point of tangency;
South 46°00'50" West, a distance of 240.66 feet, to an angle
in the southerly line of the herein described tract;
North 47°45'22" West, a distance of 351.90 feet, to the
beginning of a curve to the right;
In a northwesterly direction, along said curve to the right,
having a radius of 1,250.00 feet, a central angle of 01°33'58"
(chord bears North 46°58'23" West, 34.17 feet) and an arc distance
of 34.17 feet, to the point of tangency;
South 53°50'57" West, a distance of 302.10 feet, to the
beginning of a curve to the left;
In a southwesterly direction, along said curve to the left,
having a radius of 2,000.00 feet, a central angle of 17°35'11"
(chord bears South 45°03'21" West, 611.48 feet) and an arc distance
of 613.89 feet, to the point of tangency;
South 36°15'45" West, a distance of 406.05 feet, to an angle
in the southerly line of the herein described tract;
THENCE, North 68°09'29" West, a distance of 1,868.05 feet, to
the POINT OF BEGINNING, and containing 231.1123 acres of land.
(c) If the Act enacting this section does not receive a
two-thirds vote of all the members elected to each house,
Subchapter C, Chapter 7968A, Special District Local Laws Code, as
added by Subsection (a) of this section, is amended by adding
Section 7968A.0306 to read as follows:
Sec. 7968A.0306. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(d) Subsection (c) of 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 6. (a) Subtitle F, Title 6, Special District Local
Laws Code, is amended by adding Chapter 8010A to read as follows:
CHAPTER 8010A. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 49
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8010A.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Williamson County Municipal
Utility District No. 49.
Sec. 8010A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8010A.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8010A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8010A.0103 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.
Sec. 8010A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8010A.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 6(b) of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 6(b)
of the Act enacting this chapter form a closure. A mistake made 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 bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8010A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 8010A.0202, directors
serve staggered four-year terms.
Sec. 8010A.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Mark Tickner;
(2) Nick Easley;
(3) Walter Duke;
(4) Zachary Summers; and
(5) Noah Terrazas.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8010A.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8010A.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8010A.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission 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. 8010A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8010A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8010A.0303. AUTHORITY FOR ROAD PROJECTS. Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, or a
municipality for operation and maintenance macadamized, graveled,
or paved roads, or improvements, including storm drainage, in aid
of those roads.
Sec. 8010A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8010A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8010A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section
8010A.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8010A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8010A.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8010A.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8010A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8010A.0502. TAXES FOR BONDS. 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 ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8010A.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
(b) The Williamson County Municipal Utility District No. 49
initially includes all the territory contained in the following
area:
TRACT 1:
A 59.891 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY,
TEXAS, BEING OUT OF A CALLED 60.57 ACRE TRACT CONVEYED TO LETTS
FAMILY TRUST BY INSTRUMENT RECORDED IN VOLUME 528, PAGE 376 OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS A 59.891 ACRE TRACT OF LAND
SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23, ABSTRACT NO.
172, IN WILLIAMSON COUNTY, TEXAS, BEING OUT OF A CALLED 60.57 ACRE
TRACT CONVEYED TO LETTS FAMILY TRUST BY INSTRUMENT RECORDED IN
VOLUME 528, PAGE 376 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS. SAID 59.891 ACRE TRACT BEING MORE FULLY DESCRIBED AS
FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM
ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF
1983 NAD 83 (NA2011) EPOCH 2010.00.:
BEGINNING at a 1/2" iron rod found in the west right-of-way
line of County Road 308, said point being the northeast corner of
said 60.57-acre tract, for the northeast corner and POINT OF
BEGINNING hereof;
THENCE S 20°52'36" E, with the west right-of-way line of said
County Road 308, same being the east boundary line of said
60.57-acre tract, a distance of 2045.72 feet to a 1/2" iron rod with
yellow cap marked "Pape-Dawson" set in the north right-of-way line
of County Road 305, same being the north boundary line of a called
0.5039 acre tract of land conveyed to Williamson County, Texas by
instrument recorded in Document No. 9820041 of the Official Public
Records of said County, for the southeast corner hereof;
THENCE S 68°212'37" W, with the north boundary line of said
0.5039-acre tract, same being the north right-of-way line of said
County Road 305, through the interior of said 60.57-acre tract, a
distance of 1258.78 feet to a 1/2" iron rod found on a point in the
east boundary line of a called 3.92-acre tract of land conveyed to
Gary R. Sheley and Rosita R. Sheley, by instrument recorded in
Document No. 2009090657 of said Official Public Records, same being
the west boundary line of said 60.57-acre tract, for the southwest
corner hereof;
THENCE N 21°39'56" W, departing the north right-of-way line of
said County Road 305, with, in part, the east boundary lines of:
said 3.92-acre tract, a called 10.00-acre tract of land conveyed to
Dudley K. Bukowsky and Tami Bukowsky by instrument recorded in
Document No. 2008016420 of said Official Public Records, Lot 5,
Bukowsky Subdivision, recorded in Document No. 2019064044 of said
Official Public Records, a called 10.51-acre tract of land conveyed
to Kerry Conaway, Jr., by instrument recorded in Document
No. 2006005509 of said Official Public Records and a called
10.51-acre tract of land conveyed to Darral Henderson and Elaine
Henderson by instrument recorded in Document No. 2006032860 of said
Official Public Records, a distance of 2053.57 feet to a 1/2" iron
rod with yellow cap marked "Pape-Dawson" set, for the southwest
corner of a called 60.99-acre tract of land conveyed to Wayne E.
Cavalier and Cyndi Pietan Cavalier, by instrument recorded in
Document No. 2012099245 of said Official Public Records, for the
northwest corner hereof;
THENCE N 68°48'58" E, with the south boundary line of said
60.99-acre tract, same being the north boundary line of said
60.57-acre tract, a distance of 1286.98 feet to the POINT OF
BEGINNING and containing 59.891 acres of land in Williamson County,
Texas. Said tract being described in accordance with a survey
prepared by Pape Dawson Engineers, Inc. under Job No. 51303-00.
TRACT 2:
A 110.720 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY,
TEXAS. BEING ALL OF A CALLED 113 ACRE TRACT CONVEYED TO LETTS FAMILY
TRUST BY INSTRUMENT RECORDED IN VOLUME 486, PAGE 442 OF THE DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS, A 110.720 ACRE TRACT OF LAND
SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23, ABSTRACT NO.
172, IN WILLIAMSON COUNTY, TEXAS. BEING ALL OF A CALLED 113 ACRE
TRACT CONVEYED TO LETTS FAMILY TRUST BY INSTRUMENT RECORDED IN
VOLUME 486, PAGE 442 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS, SAID 110.720 ACRE TRACT BEING MORE FULLY DESCRIBED AS
FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM
ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF
1983 NAD 83 (NA2011) EPOCH 2010.00.:
BEGINNING at a 1/2" iron rod with yellow cap marked
"Pape-Dawson" set in the east right-of-way line of County Road 308,
said point being the northwest corner of a called 169.5 acre tract
of land conveyed to R.D. Hopper and Margaret Hopper Letts by
instrument recorded in Volume 478, Page 349 of said Deed Records,
same being the southwest corner of said 113 acre tract, for the
southeast corner and POINT OF BEGINNING hereof;
THENCE N 21°22'58" W, with the east right-of-way line of said
County Road 308, same being the west boundary line of said 113-acre
tract, a distance of 2048.33 feet to a 5/8" iron rod found for the
southwest corner of a called 17.0 acre tract of land conveyed to
Gertrude Ann Braband by instrument recorded in Document
No. 2016033164 of the Official Public Records of said County, same
being the northwest corner of said 113-acre tract, for the
northwest corner hereof;
THENCE N 69°02'46" E, departing the east right-of-way line of
said County Road 308, with the south boundary line of said 17.0 acre
tract, same being the north boundary line of said 113 acre tract,
for a distance of 1268.96 feet to a 5/8" iron rod found for the
southeast corner of said 17.0 acre tract, same being an interior ell
corner in said 113 acre tract, for an ell corner hereof;
THENCE N 21°00'19" W, with the east boundary line of said 17.0
acre tract, same being a west boundary line of said 113 acre tract,
a distance of 582.80 feet to a 1/2" iron rod found for the southwest
corner of a called 64.797 acre tract of land conveyed to Jose G.
Garcia, by instrument recorded in Document No. 2017005987 of said
Official Public records, same being the southeast corner of called
10.789 acre tract of land conveyed to the Belinda Ramsey Living
Trust, by instrument recorded in Document No. 2019022035 of said
Official Public Records, same being the northeast corner of said
17.0 acre tract, also being the northernmost northwest corner of
said 113 acre tract, for the northernmost northwest hereof;
THENCE N 68°21'45" E, with the south boundary line of said
64.797 acre tract, same being the north boundary line of said 113
acre tract, a distance of 993.87 feet to a 1/2" iron rod found being
the northwest corner of a called 177.5 acre tract of land conveyed
to Charles D. Tonn and Ronald D. Tonn by instrument recorded in
Document No. 9601061 of said Official Public Records, same being
the north east corner of said 113-acre tract, for the northeast
corner hereof:
THENCE S 21°08'10" E, departing the south boundary line of
said 64.797 acre tract, with the west boundary line of said 177.5
acre tract, same being the east boundary line of said 113 acre
tract, a distance of 2244.92 feet to a 1/2" iron rod with yellow cap
marked "Pape-Dawson" set in the north boundary line of said 169.5
acre tract, said point being the southwest corner of said 177.5 acre
tract, same being the southeast corner of said 113 acre tract, for
the southeast corner hereof;
THENCE with the north boundary line of said 169.5 acre tract,
same being the south boundary line of said 113 acre tract, the
following three (3) courses and distances:
1. S 68°41'10" W, a distance of 982.01 feet to a 1/2" iron rod
with yellow cap marked "Pape-Dawson" set for an angle point hereof,
2. S 21°25'27" E, a distance of 386.24 feet to a 1/2" iron rod
with yellow cap marked "Pape-Dawson" set for an angle point hereof,
and
3. S 68°47'37" W, a distance of 1275.22 feet to the POINT OF
BEGINNING and containing 110.720 acres of land in Williamson
County, Texas. Said tract being described in accordance with a
survey prepared by Pape Dawson Engineers, Inc. under Job
No. 51303-00.
TRACT 3:
A 172.890 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY, TEXAS,
BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO R.D. HOPPER AND
MARGARET HOPPER LETT BY A 172.890 ACRE TRACT OF LAND SITUATED IN THE
ELISHA DAVIS SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON
COUNTY, TEXAS. BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO
R.D. HOPPER AND MARGARET HOPPER LETT BY INSTRUMENT RECORDED IN
VOLUME 478, PAGE 349 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS. SAID 172.890 ACRE TRACT BEING MORE FULLY DESCRIBED AS
FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM
ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF
1983 NAD 83 (NA2011) EPOCH 2010.00.:
COMMENCING at a 60D nail found in the north right-of-way line
of County Road 305, same being the southeast corner of a called 0.58
acre tract of land conveyed to Dewey Roger Blackman by instrument
recorded in Volume 742, Page 777 of said Deed Records, also being
the southwest corner of a called 47.5 acre tract recorded in Volume
734, Page 931 of said Deed Records;
THENCE S 68°58'06" W, departing the west boundary line of said
47.5 acre tract, with the north right-of-way line of said County
Road 305, same being the south boundary line of said 0.58 acre
tract, a distance of 110.09 feet to a 1/2" iron rod with yellow cap
marked "Pape-Dawson" set on the southwest corner of said 0.58 acre
tract, same being the southeast corner of said 169.5 acre tract, for
the southeast corner and POINT OF BEGINNING hereof;
THENCE S 68°58'06" W, continuing with the north right-of-way
line of said County Road 305, and in part, crossing through the
right-of-way of County Road 308, same being the south boundary line
of said 169.5-acre tract, a distance of 3188.95 feet to an 1/2" iron
rod with yellow cap marked "Pape-Dawson" set for the southwest
corner hereof;
THENCE N 21°05'48" W, with the west boundary line of said
169.5-acre tract, and in part, crossing through the right-of-way of
said County Road 308, a distance of 2071.04 feet to a 1/2" iron rod
with yellow cap marked "Pape-Dawson" set, being the southwest
corner of a called 113 acre tract of land conveyed to the Letts
Family Trust, by instrument recorded in Volume 486, Page 442 of said
deed records, same being the northwest corner of said 169.5-acre
tract, for the northwest corner hereof, from which a 5/8" iron rod
found for the northwest corner of said 113 acre tract bears N
21°22'58" W, 2048.33 feet;
THENCE departing the east right-of-way line of said County
Road 308, with, in part, the south boundary line of said 113-acre
tract and, in part, the south boundary line of a called 177.5 acre
tract of land conveyed to Charles D. Tonn and Ronald D. Tonn by
instrument recorded in Document No. 9601061 of the Official Public
Records of said County, same being the north boundary line of said
169.5-acre tract, the following three (3) courses and distances:
1. N 68°47'37" E, a distance of 1275.22 feet to a 1/2" iron
rod with yellow cap marked "Pape-Dawson" set for an angle point
hereof,
2. N 21°25'27" W, a distance of 386.24 feet to a 1/2" iron rod
with yellow cap marked "Pape-Dawson" set for an angle point hereof,
and
3. N 68°41'10" E, a distance of 2332.32 feet to a 1/2" iron
rod with yellow cap marked "Pape-Dawson" set being the northeast
corner of said 169.5-acre tract, for the northeast corner hereof;
THENCE S 22°06'37" E, with the south boundary line of said
177.5-acre tract, same being the east boundary line of said
169.5-acre tract, a distance of 392.10 feet to a 1/2" iron rod with
yellow cap marked "Pape-Dawson" set in the north boundary line of a
called 50-acre tract of land conveyed to Cheryl A. Chamberlain, by
instrument recorded in Document No. 2013019239 of the Official
Public Records of said County, same being an angle point in the east
boundary line of said 169.5-acre tract, for an angle point hereof;
THENCE S 68°53'39" W, with the north boundary line of said
50-acre tract, same being the east boundary line of said 169.5-acre
tract, a distance of 419.61 feet to a 1/2" iron rod with yellow cap
marked "Pape-Dawson" set, being the northwest corner of said
50-acre tract, same being an angle point in the east boundary line
of said 169.5-acre tract, for an angle point hereof;
THENCE S 20°59'42" E, with, in part, the west boundary line of
said 50-acre tract and, in part, the west boundary line of a called
47.5 acre tract of land conveyed to D.C. Blackman, by instrument
recorded in Volume 734, Page 931 of said Deed Records and, in part,
the west boundary line of the aforementioned 0.58-acre tract, same
being the east boundary line of said 169.5-acre tract, a distance of
2080.08 feet to the POINT OF BEGINNING and containing 172.890 acres
of land in Williamson County, Texas. Said tract being described in
accordance with a survey prepared by Pape Dawson Engineers, Inc.
under Job No. 51303-00.
(c) If the Act enacting this section does not receive a
two-thirds vote of all the members elected to each house,
Subchapter C, Chapter 8010A, Special District Local Laws Code, as
added by Subsection (a) of this section, is amended by adding
Section 8010A.0306 to read as follows:
Sec. 8010A.0306. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(d) Subsection (c) of 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 7. (a) The heading to Chapter 8221, Special
District Local Laws Code, is amended to read as follows:
CHAPTER 8221. WILLIAMSON COUNTY [3 B&J] MUNICIPAL UTILITY DISTRICT
NO. 51
(b) Section 8221.001(3), Special District Local Laws Code,
is amended to read as follows:
(3) "District" means the Williamson County [3 B&J]
Municipal Utility District No. 51.
(c) Section 8221.202, Special District Local Laws Code, is
amended to read as follows:
Sec. 8221.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
the time bonds or other obligations payable wholly or partly from ad
valorem taxes are issued,[:
[(1)] the board shall provide for the annual
imposition of [impose] a continuing direct annual ad valorem tax,
without limit to the rate or amount of the tax while all or part of
the bonds are outstanding as provided by Sections 54.601 and
54.602, Water Code [at a rate not to exceed the rate approved at an
election held under Section 8221.151, for each year that all or part
of the bonds are outstanding; and
[(2) the district annually shall impose an ad valorem
tax on all taxable property in the district in an amount sufficient
to:
[(A) pay the interest on the bonds or other
obligations as the interest becomes due;
[(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date; and
[(C) pay the expenses of imposing the taxes].
(d) The Williamson County Municipal Utility District No. 51
retains all the rights, powers, privileges, authority, duties, and
functions that it had before the effective date of this Act.
(e) The legislature validates and confirms all governmental
acts and proceedings of the Williamson County Municipal Utility
District No. 51 that were taken before the effective date of this
Act.
(f) The legislature validates and confirms all governmental
acts and proceedings relating to the creation and the consent to the
creation of the Williamson County Municipal Utility District
No. 51.
(g) Subsections (e) and (f) of this section do not apply to
any matter that on the effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 8. Sections 8221.003(b), 8221.105, 8221.106,
8221.107, and 8221.108, Special District Local Laws Code, are
repealed.
SECTION 9. (a) The legal notice of the intention to file
bills creating or affecting each district described by this Act, as
applicable, has been published as provided by law, and the notice
and a copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and a copy of a bill to create or affect each
applicable district described by this Act to the Texas Commission
on Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to each bill to create or affect each
applicable district described by this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of each bill to create or
affect each applicable district described by this Act are fulfilled
and accomplished.
SECTION 10. (a) Chapter 175, Local Government Code, as
amended by this Act, applies according to its terms to all eligible
persons who leave employment with a township on or after January 1,
2024.
(b) A township that is required by Chapter 175, Local
Government Code, as amended by this Act, to provide continued
health benefits coverage but that is not allowed to provide the
coverage under the terms of the township's existing group health
plan shall ensure that the required continued health benefits
coverage is provided for in any new plan that is adopted by the
township on or after January 1, 2024, unless the township is
exempted under Section 175.007, Local Government Code.
SECTION 11. (a) Except as provided by Subsection (b) of
this section, 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, 2023.
(b) Sections 1 and 10 of this Act take effect September 1,
2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 5344 was passed by the House on May 9,
2023, by the following vote: Yeas 108, Nays 34, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 5344 on May 26, 2023, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 5344 on May 28, 2023, by the following vote: Yeas 119,
Nays 21, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5344 was passed by the Senate, with
amendments, on May 24, 2023, by the following vote: Yeas 27, Nays
3, 1 present, not voting; at the request of the House, the Senate
appointed a conference committee to consider the differences
between the two houses; and that the Senate adopted the conference
committee report on H.B. No. 5344 on May 28, 2023, by the following
vote: Yeas 27, Nays 4.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor