Bill Text: TX HB5405 | 2023-2024 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the conversion of the Legacy Water Control and Improvement District to the Legacy Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-06-13 - Effective immediately [HB5405 Detail]
Download: Texas-2023-HB5405-Engrossed.html
Bill Title: Relating to the conversion of the Legacy Water Control and Improvement District to the Legacy Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-06-13 - Effective immediately [HB5405 Detail]
Download: Texas-2023-HB5405-Engrossed.html
88R28058 MCF-F | ||
By: Raymond | H.B. No. 5405 |
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relating to the conversion of the Legacy Water Control and | ||||||
Improvement District to the Legacy Municipal Management District; | ||||||
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. The Legacy Water Control and Improvement | ||||||
District is converted to the Legacy Municipal Management District | ||||||
and is governed by Chapter 4008, Special District Local Laws Code, | ||||||
as added by this Act. | ||||||
SECTION 2. Subtitle C, Title 4, Special District Local Laws | ||||||
Code, is amended by adding Chapter 4008 to read as follows: | ||||||
CHAPTER 4008. LEGACY MUNICIPAL MANAGEMENT DISTRICT | ||||||
SUBCHAPTER A. GENERAL PROVISIONS | ||||||
Sec. 4008.0101. DEFINITIONS. In this chapter: | ||||||
(1) "Board" means the district's board of directors. | ||||||
(2) "County" means Webb County. | ||||||
(3) "Director" means a board member. | ||||||
(4) "District" means the Legacy Municipal Management | ||||||
District, formerly the Legacy Water Control and Improvement | ||||||
District. | ||||||
Sec. 4008.0102. NATURE OF DISTRICT; CONVERSION. The Legacy | ||||||
Municipal Management District is a special district created under | ||||||
Section 59, Article XVI, Texas Constitution, as the Legacy Water | ||||||
Control and Improvement District. The district is converted to a | ||||||
municipal management district known as the Legacy Municipal | ||||||
Management District under the same constitutional authority. | ||||||
Sec. 4008.0103. PURPOSE; DECLARATION OF INTENT. (a) The | ||||||
conversion and operation of the district are essential to | ||||||
accomplish the purposes of Sections 52 and 52-a, Article III, and | ||||||
Section 59, Article XVI, Texas Constitution, and other public | ||||||
purposes stated in this chapter. By converting the district to a | ||||||
municipal management 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. | ||||||
(b) The conversion and operation of the district are | ||||||
necessary to promote, develop, encourage, and maintain employment, | ||||||
commerce, transportation, housing, tourism, recreation, the arts, | ||||||
entertainment, economic development, safety, and the public | ||||||
welfare in the district. | ||||||
(c) This chapter and the conversion or operation 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. 4008.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. | ||||||
(a) The district is converted to a municipal management district to | ||||||
serve a public use and benefit. | ||||||
(b) All land and other property included in the district | ||||||
will benefit from the improvements and services to be provided by | ||||||
the district under powers conferred by Sections 52 and 52-a, | ||||||
Article III, and Section 59, Article XVI, Texas Constitution, and | ||||||
other powers granted under this chapter. | ||||||
(c) The conversion and operation 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. 4008.0105. INITIAL DISTRICT TERRITORY. (a) The | ||||||
district is initially composed of the territory described by | ||||||
Section 3 of the Act enacting this chapter. | ||||||
(b) The boundaries and field notes contained in Section 3 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. 4008.0106. 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. 4008.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||||||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||||||
Chapter 375, Local Government Code, applies to the district. | ||||||
Sec. 4008.0108. 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. 4008.0201. GOVERNING BODY; TERMS. (a) The district is | ||||||
governed by a board of five directors. | ||||||
(b) Directors serve staggered four-year terms. | ||||||
Sec. 4008.0202. RECOMMENDATIONS FOR SUCCEEDING BOARD. (a) | ||||||
The initial and each succeeding board of directors shall, and the | ||||||
owners of a majority of the assessed value of property subject to | ||||||
assessment by the district may, recommend to the governing body of | ||||||
the county persons to serve on the succeeding board. | ||||||
(b) After reviewing the recommendations, the governing body | ||||||
shall approve or disapprove the directors recommended under | ||||||
Subsection (a). | ||||||
(c) If the governing body is not satisfied with the | ||||||
recommendations submitted under Subsection (a), the board, on the | ||||||
request of the governing body, shall submit to the governing body | ||||||
additional recommendations. | ||||||
(d) Board members may serve successive terms. | ||||||
Sec. 4008.0203. DISQUALIFICATION OF DIRECTORS. Section | ||||||
49.052, Water Code, does not apply to the district. | ||||||
Sec. 4008.0204. REMOVAL OF DIRECTOR. The governing body of | ||||||
the county after notice and hearing may remove a director for | ||||||
misconduct or failure to carry out the director's duties on | ||||||
petition by a majority of the remaining directors. | ||||||
Sec. 4008.0205. QUORUM. For purposes of determining the | ||||||
requirements for a quorum of the board, the following are not | ||||||
counted: | ||||||
(1) a board position vacant for any reason, including | ||||||
death, resignation, or disqualification; or | ||||||
(2) a director who is abstaining from participation in | ||||||
a vote because of a conflict of interest. | ||||||
Sec. 4008.0206. COMPENSATION. A director is entitled to | ||||||
receive fees of office and reimbursement for actual expenses as | ||||||
provided by Section 49.060, Water Code. Sections 375.069 and | ||||||
375.070, Local Government Code, do not apply to the board. | ||||||
Sec. 4008.0207. INITIAL DIRECTORS ON CONVERSION TO | ||||||
MANAGEMENT DISTRICT. (a) On the conversion of the district to a | ||||||
management district the initial board consists of the following | ||||||
directors: | ||||||
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(b) Notwithstanding Section 4008.0201, of the initial | ||||||
directors, the terms of directors appointed for positions one, two, | ||||||
and three expire June 1, 2024, and the terms of directors appointed | ||||||
for positions four and five expire June 1, 2026. | ||||||
(c) This section expires September 1, 2026. | ||||||
SUBCHAPTER C. POWERS AND DUTIES | ||||||
Sec. 4008.0301. GENERAL POWERS AND DUTIES. The district | ||||||
has the powers and duties necessary to accomplish the purposes for | ||||||
which the district is created. | ||||||
Sec. 4008.0302. 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. 4008.0303. 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. 4008.0304. 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. 4008.0305. 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. 4008.0306. 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. 4008.0307. 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. 4008.0308. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||||||
board by resolution shall establish the number of directors' | ||||||
signatures and the procedure required for a disbursement or | ||||||
transfer of district money. | ||||||
Sec. 4008.0309. NO EMINENT DOMAIN POWER. The district may | ||||||
not exercise the power of eminent domain. | ||||||
SUBCHAPTER D. ASSESSMENTS | ||||||
Sec. 4008.0401. 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. 4008.0402. 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. 4008.0501. 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. 4008.0502. OPERATION AND MAINTENANCE TAX. (a) If | ||||||
authorized by a majority of the district voters voting at an | ||||||
election under or in accordance with Section 4008.0501, the | ||||||
district may impose an operation and maintenance tax on taxable | ||||||
property in the district in the manner provided by or in accordance | ||||||
with 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 district may impose an operation and maintenance tax | ||||||
previously approved by a majority of the voters of the former Legacy | ||||||
Water Control and Improvement District. | ||||||
(c) The board shall determine the operation and maintenance | ||||||
tax rate. The rate may not exceed: | ||||||
(1) if the district has not held an election under | ||||||
Subsection (a), the rate approved at an election described by | ||||||
Subsection (b); or | ||||||
(2) if the district has held an election under | ||||||
Subsection (a), the rate approved at that election. | ||||||
Sec. 4008.0503. 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. 4008.0504. OBLIGATIONS SECURED BY REVENUE OR CONTRACT | ||||||
PAYMENTS. The district may issue, without an election, bonds, | ||||||
notes, and other obligations 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. 4008.0505. BONDS SECURED BY AD VALOREM TAXES; | ||||||
ELECTIONS. (a) If authorized at an election under Section | ||||||
4008.0501, 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. 4008.0506. CONSENT OF COUNTY REQUIRED. (a) The board | ||||||
may not issue bonds until the county has consented by resolution to | ||||||
the conversion of the Legacy Water Control and Improvement District | ||||||
to a municipal management district and to the inclusion of land in | ||||||
the district. | ||||||
(b) This section applies only to the district's first | ||||||
issuance of bonds payable from ad valorem taxes. | ||||||
SUBCHAPTER I. DISSOLUTION AND MUNICIPAL ANNEXATION | ||||||
Sec. 4008.0901. 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. | ||||||
Sec. 4008.0902. MUNICIPAL ANNEXATION. The district is a | ||||||
"water or sewer district" under Section 43.071, Local Government | ||||||
Code. | ||||||
SECTION 3. The Legacy Municipal Management District | ||||||
initially includes all territory contained in the following area: | ||||||
Pilas Tract: Being a tract or parcel containing 3,971.307 | ||||||
acres (172,990,131 square feet) of land situated in Webb County, | ||||||
Texas and being all of a called 1,613.545 acre tract described in | ||||||
deed to Huisache Cattle Company, Ltd. recorded in Volume 645, Page, | ||||||
72 of the Webb County Deed Records (having 9.217 acres (401,478 | ||||||
square feet) within the right-of-way of U.S. Highway 83 per | ||||||
right-of-way map of State Highway No.(4) U.S. 83, File Number | ||||||
SP718F - Control 37-10-1 and being combined with all of a called | ||||||
2,357.64 acres described in deed to Huisache Cattle Company, Ltd. | ||||||
recorded in Volume 87, Page 876 of the Webb County Deed Records, | ||||||
said 3,971.307 acres tract being more particularly described by | ||||||
metes and bounds as follows: (Bearings cited herein are based on the | ||||||
Texas State Plane Coordinate System, South Zone, NAD 83, are | ||||||
surface and may be converted to grid applying a combined scale | ||||||
factor of 1.00003144444054) | ||||||
BEGINNING at a point in the centerline of U.S. Highway 83, | ||||||
north line of Section 1712 and the south line of Section 1932 for | ||||||
the northwest corner of the herein described tract; | ||||||
THENCE, North 89°57'16" East, along the north line of Section | ||||||
1712 and the south line of Section 1932, at a distance of 50.21 feet | ||||||
passing a fence on the east right-of-way line of said U.S. Highway | ||||||
83, continuing for a total distance of 1,520.63 feet to a point for | ||||||
corner; | ||||||
THENCE, North 89°53'33" East, a distance of 10,741.46 feet to | ||||||
a point in the west line of Section Number 161 for the southeast | ||||||
corner of Section Number 1864, the northwest corner of said called | ||||||
2,357.64 acre tract, the northeast corner of Section Number 1711 | ||||||
and said called 1,613.545 acre tract and an angle corner of the | ||||||
herein described tract; | ||||||
THENCE, North 65°39'04" East, a distance of 30.49 feet to a | ||||||
point for corner; | ||||||
THENCE, North 89°33'48" East, a distance of 4,238.72 feet to a | ||||||
found 1/2-inch iron rod marking an angle corner of the herein | ||||||
described tract; | ||||||
THENCE, South 01°13'56" West, a distance of 218.76 feet to a | ||||||
point for corner; | ||||||
THENCE, South 16°54'50" East, a distance of 1,161.67 feet to a | ||||||
found 1/2-inch iron rod marking an angle corner of the herein | ||||||
described tract; | ||||||
THENCE, South 88°10'20" East, a distance of 5,602.88 feet to a | ||||||
fence corner in the west line of the Missouri Railroad right-of-way | ||||||
line marking the northeast corner of said called 2,357.64 acre | ||||||
tract and of the herein described tract; | ||||||
THENCE, South 04°24'06" West, a distance of 1,545.87 feet to a | ||||||
point for corner; | ||||||
THENCE, South 06°21'24" West, a distance of 401.86 feet to a | ||||||
point for corner; | ||||||
THENCE, South 10°41'28" West, a distance of 415.71 feet to a | ||||||
point for corner; | ||||||
THENCE, South 13°24'58" West, a distance of 258.75 feet to a | ||||||
point for corner; | ||||||
THENCE, South 15°19'45" West, a distance of 8,091.98 feet to a | ||||||
found magnail in fence line marking the southeast corner of said | ||||||
called 2,357.64 acre tract and of the herein described tract; | ||||||
THENCE, South 89°57'45" West, a distance of 2,483.67 feet to a | ||||||
1/2-inch iron rod in the east line of Section Number 1321 marking | ||||||
the northwest corner of Section Number 302, the southwest corner of | ||||||
Section Number 301 and an angle corner of the herein described | ||||||
tract; | ||||||
THENCE, South 00°31'20" East, along the east line of Section | ||||||
Number 1321 and the west line of Section Number 302, a distance of | ||||||
1,202.46 feet to a fence corner marking the northeast corner of | ||||||
Section Number 1322, the southeast corner of Section Number 1321 | ||||||
and an angle corner of the herein described tract; | ||||||
THENCE, South 89°32'30" West, along the north line of Section | ||||||
Number 1322, the south line of Section Number 1321, a distance of | ||||||
4,733.14 feet to a fence corner marking the most southeasterly | ||||||
northeast corner of Section Number 2311, the southwest corner of | ||||||
Section Number 1321 and an angle corner of the herein described | ||||||
tract; | ||||||
THENCE, North 00°15'07" West, along the east line of Section | ||||||
Number 2311 and the west line of Section Number 1321, a distance of | ||||||
762.70 feet to a found 2-inch iron pipe marking the northeast corner | ||||||
of Section Number 2311, the southeast corner of Section Number 739 | ||||||
and an angle corner of the herein described tract; | ||||||
THENCE, North 09°40'01" East, along the east line of Section | ||||||
Number 739 and the west line of Section Number 132,1 a distance of | ||||||
5,475.68 feet to a fence corner in the south line of Section Number | ||||||
162 marking the northeast corner of Section Number 739, the | ||||||
northwest corner of Section Number 1321 and an angle corner of the | ||||||
herein described tract; | ||||||
THENCE, South 89°47'03" West, along the south line of Section | ||||||
Number 162 and the north line of Section Number 739, a distance of | ||||||
1,428.41 feet to a fence corner marking the southwest corner of | ||||||
Section Number 162 and an angle corner of the herein described | ||||||
tract; | ||||||
THENCE, North 00°10'20" West, a distance of 71.90 feet to a | ||||||
fence corner marking the southeast corner of Section Number 1711 | ||||||
and an angle corner of the herein described tract; | ||||||
THENCE, North 80°11'08" West, along the south line of Section | ||||||
Numbers 1711 and 1712, along the north line of Section Numbers 739, | ||||||
1711 and 430, a distance of 11,354.62 feet to a found 5/8-inch iron | ||||||
rod with plastic cap stamped "Howland Survey" marking the northwest | ||||||
corner of Section Number 430, the northeast corner of Section | ||||||
Number 429 and an angle corner of the herein described tract; | ||||||
THENCE, North 80°01'11" West, along the north line of Section | ||||||
Number 429 and the south line of Section Number 1712, a distance of | ||||||
693.31 feet to a point in the centerline of U.S. Highway 83 for the | ||||||
southwest corner of the herein described tract; | ||||||
THENCE, North 05°09'04" West, along the centerline of U.S. | ||||||
Highway 83, a distance of 4,835.30 feet to the POINT OF BEGINNING | ||||||
and containing 3,971.307 acres (172,990,131 square feet) of land. | ||||||
Colorados Tract: Being a tract or parcel containing 2809.853 | ||||||
acres (122,397,204 square feet) of land situated in Webb County, | ||||||
Texas and being the remainder of a called 6,354.8676 acre tract | ||||||
described in deed to Huisache Cattle Company, Ltd. Recorded in | ||||||
Volume 1109, Page, 632 of the Webb County Deed Records (having 7.474 | ||||||
acres (325,559 square feet) within the right-of-way of U.S. Highway | ||||||
83 per right-of-way map of State Highway No.(4) U.S. 83, File Number | ||||||
SP718F - Control 37-10-1), said 2809.853 acres tract being more | ||||||
particularly described by metes and bounds as follows: (Bearings | ||||||
cited herein are based on the Texas State Plane Coordinate System, | ||||||
South Zone, NAD 83, are surface and may be converted to grid | ||||||
applying a combined scale factor of 1.00003144444054) | ||||||
BEGINNING at a fence corner in the west line of Section Number | ||||||
429, the northeast corner of Section Number 431, the southeast | ||||||
corner of Section Number 432, the southwest corner of a 60 foot wide | ||||||
access lane connecting with U.S. Highway 83, an angle corner and | ||||||
POINT OF BEGINNING of the herein described tract; | ||||||
THENCE, North 09°59'17" East, along the east line of Section | ||||||
Number 432 and the west line of Section Number 429, a distance of | ||||||
30.00 feet to a point for corner; | ||||||
THENCE, South 79°48'51" East, along the center of said 60 foot | ||||||
wide access lane, a distance of 5,442.91 feet to a point in the west | ||||||
right-of-way line of U.S. Highway 83 for the northeast corner of the | ||||||
herein described tract; | ||||||
THENCE with the west right-of-way line of U.S. Highway 83 the | ||||||
following seven (7) courses and distances: | ||||||
South 05°07'37" East, a distance of 130.69 feet to a point for | ||||||
corner; | ||||||
South 84°52'23" West, a distance of 100.00 feet to a point for | ||||||
corner; | ||||||
South 05°07'37' East, a distance of 700.00 feet to a point for | ||||||
corner; | ||||||
North 84°52'23" East, a distance of 100.00 feet to a point of | ||||||
corner; | ||||||
South 05°07'37" East, a distance of 300.00 feet to a point for | ||||||
corner; | ||||||
South 84°52'23" West, a distance of 10.00 feet to a point for | ||||||
corner; | ||||||
South 05°07'37" East, a distance of 857.39 feet to a point in | ||||||
the south line of Section 430 and the north line of Section Number | ||||||
427 for corner; | ||||||
THENCE, South 80°03'43" East, along the south line of Section | ||||||
430 and the north line of Section Number 427, a distance of 113.92 | ||||||
feet to a point in the east right-of-way line of U.S. Highway 83 for | ||||||
corner; | ||||||
THENCE with the east right-of-way line of U.S. Highway 83 the | ||||||
following five (5) courses and distances: | ||||||
South 05°07'37" East, a distance of 1,213.00 feet to a point | ||||||
for corner; | ||||||
North 84°52'23" East, a distance of 100.00 feet to a point for | ||||||
corner; | ||||||
South 05°07'37" East, a distance of 600.00 feet to a point for | ||||||
corner; | ||||||
South 84°52'23" West, a distance of 100.00 feet to a point for | ||||||
corner; | ||||||
South 05°07'37" East, a distance of 509.15 feet to a point of | ||||||
intersection with the east line of Section Number 427 and the west | ||||||
line of Section Number 428 for corner; | ||||||
THENCE, South 09°56'17" West, crossing U.S. Highway 83 with | ||||||
the east line of Section Number 427 and the west line of Section | ||||||
Number 428, a distance of 384.74 feet to a point in the west | ||||||
right-of-way line of U.S. Highway 83 for corner; | ||||||
THENCE with the west right-of-way line of U.S. Highway 83 the | ||||||
following five (5) courses and distances: | ||||||
South 05°07'37" East, a distance of 3,709.34 feet to a point | ||||||
for corner; | ||||||
South 84°52'23" West, a distance of 200.00 feet to a point for | ||||||
corner; | ||||||
South 05°07'37" East, a distance of 20.00 feet to a point for | ||||||
corner; | ||||||
North 84°52'23" East, a distance of 200.00 feet to a point for | ||||||
corner; | ||||||
South 05°14'13" East, a distance of 1,851.67 feet to a point | ||||||
in the north right-of-way line of State Highway 255 (Camino | ||||||
Colombia Toll Road) for the southeast corner of the herein | ||||||
described tract; | ||||||
THENCE with the north right-of-way line of State Highway 255 | ||||||
(Camino Colombia Toll Road) the following three (3) courses and | ||||||
distances: | ||||||
South 66°09'45" West, a distance of 1,170.41 feet to a point | ||||||
for corner; | ||||||
South 69°13'50" West, a distance of 5,500.00 feet to a point | ||||||
for corner; | ||||||
South 73°38'56" West, a distance of 1009.82 feet to a point in | ||||||
the west right-of-way line of Jefferies Road (40 foot wide) for the | ||||||
southwest corner of the herein described tract; | ||||||
THENCE, North 21°46'40" West, along the west right-of-way | ||||||
line of Jefferies Road, a distance of 2,101.65 feet to a point for | ||||||
corner; | ||||||
THENCE, North 21°46'40" West, continuing along the west | ||||||
right-of-way line of Jefferies Road, a distance of 5,282.14 feet to | ||||||
a point for corner; | ||||||
THENCE, North 21°44'42" West, a distance of 39.79 feet to a | ||||||
point for corner; | ||||||
THENCE, North 68°10'39" East, a distance of 41.03 feet to a | ||||||
point for corner; | ||||||
THENCE, North 21°15'49" West, a distance of 5,690.77 feet to a | ||||||
fence corner in the west line of Section 431 and for the southeast | ||||||
corner of Section Number 433, the northeast corner of Section | ||||||
Number 437, the most southerly corner of Section Number 2148, and an | ||||||
angle corner of the herein described tract; | ||||||
THENCE, North 10°08'29" East, along the east line of Section | ||||||
Number 2148 and the west line of Section Number 431, a distance of | ||||||
2,654.82 feet to a point for corner; | ||||||
THENCE, South 79°44'21" East, along the south line of Section | ||||||
Number 432 and the north line of Section Number 431, a distance of | ||||||
2,670.37 feet to a point for corner; | ||||||
THENCE, South 79°55'39" East, continuing along the south line | ||||||
of Section Number 432 and the north line of Section Number 431, a | ||||||
distance of 2,621.70 feet to the POINT OF BEGINNING and containing | ||||||
2809.853 acres (122,397,204 square feet) of land. | ||||||
Mary Kay Tract: Being a tract or parcel containing 2,828.368 | ||||||
acres (123,203,717 square feet) of land situated in Webb County, | ||||||
Texas and being all of a called 2,827.868 acre tract described in | ||||||
deed to Simeon Escondido, LLC recorded in Volume 5058, Page, 145 of | ||||||
the Official Public Records of Webb County (having 8.764 acres | ||||||
(381,751 square feet) within the right-of-way of U.S. Highway 83 | ||||||
per right-of-way map of State Highway No.(4) U.S. 83, File Number | ||||||
SP718F - Control 37-10-1), said 2,828.37 acres tract being more | ||||||
particularly described by metes and bounds as follows: (Bearings | ||||||
cited herein are based on the Texas State Plane Coordinate System, | ||||||
South Zone, NAD 83, are surface and may be converted to grid | ||||||
applying a combined scale factor of 1.00003144444054) | ||||||
BEGINNING at a fence corner marking the northwest corner of a | ||||||
called 2,079.865 acre tract described in deed to Huisache Cattle | ||||||
Company, Ltd. recorded in Volume 166, Page 832 of the Webb County | ||||||
Deed Records and the northwest corner of Section Number 365; | ||||||
THENCE, North 89°46'52" East, a distance of 4,226.45 feet to a | ||||||
fence corner marking the northeast corner of Section Number 365; | ||||||
THENCE, North 00°15'28" West, a distance of 1,766.62 feet to a | ||||||
found 1/2-inch iron rod marking the northwest corner of Section | ||||||
Number 364; | ||||||
THENCE, North 89°49'03" East, a distance of 6,325.20 feet to a | ||||||
found 1/2-inch iron rod in the west right-of-way line of Missouri | ||||||
Pacific Railway and marking the northwest corner of Section Number | ||||||
364 and the northeast corner of said called 2,079.865 acre tract; | ||||||
THENCE along said west right-of-way line of Missouri Pacific | ||||||
Railway the following three (3) courses and distances: | ||||||
South 15°15'10" West, a distance of 975.41 feet to a fence | ||||||
corner; | ||||||
South 15°22'36" West, a distance of 5,850.97 feet to a fence | ||||||
corner; | ||||||
South 15°14'37" West, a distance of 4,422.42 feet to a found | ||||||
1/2-inch iron rod marking the intersection of said west | ||||||
right-of-way line of Missouri Pacific Railway and the north | ||||||
right-of-way line of Webb Road (variable width) marking the | ||||||
southeast corner of said called 2,079.865 acre tract; | ||||||
THENCE along said north right-of-way line of Webb Road the | ||||||
following sixteen (16) courses and distances: | ||||||
South 89°09'29" West, a distance of 1,193.75 feet to a point | ||||||
for corner; | ||||||
North 58°07'19" West, a distance of 103.62 feet to a point for | ||||||
corner; | ||||||
South 89°39'12" West, a distance of 2,146.38 feet to a point | ||||||
for corner; | ||||||
North 50°14'54" West, a distance of 17.15 feet to a point for | ||||||
corner; | ||||||
North 66°50'21" West, a distance of 190.16 feet to a point for | ||||||
corner; | ||||||
North 61°02'47" West, a distance of 784.40 feet to a point for | ||||||
corner; | ||||||
North 59°54'12" West, a distance of 852.49 feet to a point for | ||||||
corner; | ||||||
North 55°19'56" West, a distance of 298.30 feet to a point for | ||||||
corner; | ||||||
North 85°28'43" West, a distance of 130.46 feet to a point for | ||||||
corner; | ||||||
South 82°11'14" West, a distance of 370.50 feet to a point for | ||||||
corner; | ||||||
North 86°09'22" West, a distance of 93.50 feet to a point for | ||||||
corner; | ||||||
North 78°36'04" West, a distance of 493.77 feet to a point for | ||||||
corner; | ||||||
North 71°50'14" West, a distance of 76.42 feet to a point for | ||||||
corner; | ||||||
North 61°10'29" West, a distance of 446.90 feet to a point for | ||||||
corner; | ||||||
North 47°43'13" West, a distance of 623.92 feet to a fence | ||||||
corner; | ||||||
North 86°18'49" West, a distance of 1,355.92 feet to a point | ||||||
in an east line of a called 748.003 acre tract described in deed to | ||||||
Huisache Cattle Company, Ltd. recorded in Volume 166, Page 832 of | ||||||
the Webb County Deed Records and the southwest corner of said called | ||||||
2,079.865 acre tract; | ||||||
THENCE, South 02°36'57" West, over and across said Webb Road, | ||||||
a distance of 47.72 feet to a point in the south right-of-way line | ||||||
of said Webb Road; | ||||||
THENCE along said south right-of-way line of Webb Road the | ||||||
following three (3) courses and distances: | ||||||
North 80°08'21" West, a distance of 1,032.58 feet; | ||||||
North 80°13'29" West, a distance of 32.50 feet; | ||||||
North 73°38'40" West, a distance of 3,821.11 feet to a point | ||||||
for the intersection of said Webb Road and the centerline of U.S. | ||||||
Highway 83 (variable width) for the southwest corner of said called | ||||||
748.003 acre tract; | ||||||
THENCE, North 05°10'00" West, along said centerline of U.S. | ||||||
Highway 83, a distance of 5,896.54 feet to a point for the northwest | ||||||
corner of said called 748.003 acre tract; | ||||||
THENCE, South 80°01'13" East, a distance of 6,230.95 feet to a | ||||||
fence corner; | ||||||
THENCE, North 08°49'51" East, a distance of 1,159.98 feet to | ||||||
the POINT OF BEGINNING and containing 2,828.368 acres (123,203,717 | ||||||
square feet) of land. | ||||||
Webb Tract: Being a tract or parcel containing 1,696.848 | ||||||
acres (73,914,677 square feet) of land situated in Webb County, | ||||||
Texas and being out of and a part of a called 1,822.50 acre tract | ||||||
described in deed to Huisache Cattle Company, Ltd. recorded in | ||||||
Volume 841, Page, 814 of the Webb County Deed Records, said | ||||||
1,696.848 acres tract being more particularly described by metes | ||||||
and bounds as follows: (Bearings cited herein are based on the Texas | ||||||
State Plane Coordinate System, South Zone, NAD 83, are surface and | ||||||
may be converted to grid applying a combined scale factor of | ||||||
1.00003144444054) | ||||||
BEGINNING at a fence corner marking the common corners of | ||||||
Section Number 362, 363, 1606, 1593 and an angle corner of the | ||||||
herein described tract; | ||||||
THENCE, North 89°25'08" West, a distance of 1,318.28 feet to a | ||||||
found 1/2-inch iron rod in the east right-of-way line of Interstate | ||||||
Highway 35 (variable width) marking the southwest corner of the | ||||||
herein described tract; | ||||||
THENCE with said east right-of-way line of Interstate Highway | ||||||
35 the following nine (9) courses and distances: | ||||||
North 12°32'12" East, a distance of 1,260.55 feet to a fence | ||||||
post for corner and beginning of a curve to the left; | ||||||
Northeasterly, along a non-tangent curve to the left, having | ||||||
a radius of 1,948.57 feet, with an arc length of 422.06 feet, a | ||||||
chord bearing and distance of North 06°18'36" East, 421.24 feet to a | ||||||
fence post for corner; | ||||||
North 00°00'40" East, a distance of 296.40 feet to a fence | ||||||
post for corner; | ||||||
North 66°59'21" East, a distance of 40.19 feet to a fence post | ||||||
for corner; | ||||||
North 12°08'53" East, a distance of 70.85 feet to a fence post | ||||||
for corner; | ||||||
North 48°56'46" West, a distance of 64.62 feet to a fence post | ||||||
for corner and the beginning of a curve to the right; | ||||||
Northeasterly, along a non-tangent curve to the right, having | ||||||
a radius of 1,888.99 feet, with an arc length of 374.29 feet, a | ||||||
chord bearing and distance of North 09°43'00" East, 373.68 feet to a | ||||||
fence post for corner; | ||||||
North 15°17'07" East, a distance of 610.18 feet to a fence | ||||||
post for corner; | ||||||
North 15°18'24" East, a distance of 495.69 feet to a fence | ||||||
post for the northwest corner of the herein described tract; | ||||||
THENCE, North 89°29'54" East, a distance of 15,726.16 feet to | ||||||
a fence post for the northeast corner of the herein described tract; | ||||||
THENCE, South 00°32'58" East, a distance of 1,914.30 feet to a | ||||||
fence post for corner; | ||||||
THENCE, South 89°29'51" West, a distance of 6,231.04 feet to a | ||||||
fence post for corner; | ||||||
THENCE, South 00°12'48" East, a distance of 5,187.59 feet to a | ||||||
fence post for the southeast corner of Section Number 1963 and the | ||||||
herein described tract; | ||||||
THENCE, North 89°46'59" West, a distance of 1,927.01 feet to a | ||||||
fence post for corner; | ||||||
THENCE, South 00°26'24" East, a distance of 187.62 feet to a | ||||||
fence post for corner; | ||||||
THENCE, North 89°57'49" West, a distance of 1,596.00 feet to a | ||||||
fence post for corner; | ||||||
THENCE, North 69°14'50" West, a distance of 5,746.17 feet to a | ||||||
fence post for corner; | ||||||
THENCE, North 00°05'46" East, a distance of 1,640.56 feet to | ||||||
the POINT OF BEGINNING and containing 1,696.848 acres (73,914,677 | ||||||
square feet) of land. | ||||||
SECTION 4. The Legacy Municipal Management District retains | ||||||
all rights, powers, privileges, authority, duties, and functions | ||||||
that the Legacy Water Control and Improvement District had before | ||||||
the effective date of this Act, except as otherwise expressly | ||||||
provided by Chapter 4008, Special District Local Laws Code, as | ||||||
added by this Act. | ||||||
SECTION 5. (a) The legislature validates and confirms all | ||||||
governmental acts and proceedings of the Legacy Water Control and | ||||||
Improvement District that were taken before the effective date of | ||||||
this Act. | ||||||
(b) This section does 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 6. (a) The legal notice of the intention to | ||||||
introduce this Act, setting forth the general substance of this | ||||||
Act, has been published as provided by law, and the notice and a | ||||||
copy of this Act have been furnished to all persons, agencies, | ||||||
officials, or entities to which they are required to be furnished | ||||||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||||||
Government Code. | ||||||
(b) The governor, one of the required recipients, has | ||||||
submitted the notice and Act to the Texas Commission on | ||||||
Environmental Quality. | ||||||
(c) The Texas Commission on Environmental Quality has filed | ||||||
its recommendations relating to this Act with the governor, | ||||||
lieutenant governor, and speaker of the house of representatives | ||||||
within the required time. | ||||||
(d) The general law relating to consent by political | ||||||
subdivisions to the creation of districts with conservation, | ||||||
reclamation, and road powers and the inclusion of land in those | ||||||
districts has been complied with. | ||||||
(e) All requirements of the constitution and laws of this | ||||||
state and the rules and procedures of the legislature with respect | ||||||
to the notice, introduction, and passage of this Act have been | ||||||
fulfilled and accomplished. | ||||||
SECTION 7. This Act takes effect immediately if it receives | ||||||
a vote of two-thirds of all the members elected to each house, as | ||||||
provided by Section 39, Article III, Texas Constitution. If this | ||||||
Act does not receive the vote necessary for immediate effect, this | ||||||
Act takes effect September 1, 2023. |