Bill Text: TX HB3819 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the creation of the Valencia Municipal Management District No. 1; providing authority to levy an assessment and issue bonds.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB3819 Detail]

Download: Texas-2011-HB3819-Enrolled.html

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H.B. No. 3819

AN ACT
relating to the creation of the Valencia Municipal Management
District No. 1; providing authority to levy an assessment and issue
bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3868 to read as follows:
CHAPTER 3868. VALENCIA MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3868.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "County" means Denton County, Texas.
(3) "Development agreement" means the "Valencia on the
Lake Pre-Annexation Agreement, Development Agreement, Public
Improvement District Agreement and Tax Increment Reinvestment Zone
Agreement," effective December 16, 2008, as recorded on January 5,
2009, in the real property records of Denton County, Texas, as
Instrument Number 2009-499, as amended by the "First Amendment to
the Valencia on the Lake Pre-Annexation Agreement, Development
Agreement, Public Improvement District Agreement and Tax Increment
Reinvestment Zone Agreement," effective December 1, 2009, as
recorded on January 12, 2010, in the real property records of Denton
County, Texas, as Instrument Number 2010-2983, between the town and
Valencia on the Lake, L.P., a Texas limited partnership, as may be
amended.
(4) "Director" means a board member.
(5) "District" means the Valencia Municipal
Management District No. 1.
(6) "Town" means the Town of Little Elm, Texas.
Sec. 3868.002. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution.
Sec. 3868.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the town and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the town or county from providing the level
of services provided to the area in the district as of the effective
date of the Act enacting this chapter. The district is created to
supplement and not to supplant the town and county services
provided in the district.
Sec. 3868.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The district is created to accomplish the purposes of a
municipal management district as provided by general law and
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
(d) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center; and
(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.
(f) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(g) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3868.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act enacting
this chapter, as that territory may have been modified under
Section 3868.113 or other law.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to contract;
(3) authority to borrow money or issue bonds or other
obligations described by Section 3868.201 or to pay the principal
and interest of the bonds or other obligations;
(4) right to impose or collect an assessment, or
collect other revenue; or
(5) legality or operation.
Sec. 3868.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
(b) If the town creates a tax increment reinvestment zone
described by Subsection (a), the town and the board of directors of
the zone, by contract with the district, may grant money deposited
in the tax increment fund to the district to be used by the district
for:
(1) the purposes permitted for money granted to a
corporation under Section 380.002(b), Local Government Code; and
(2) any other district purpose, including the right to
pledge the money as security for any bonds issued by the district
under Section 3868.201.
(c) A tax increment reinvestment zone created by the town in
the district is not subject to the limitations provided by Section
311.006, Tax Code.
Sec. 3868.007. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3868.008-3868.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3868.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of three directors composed of:
(1) one director appointed by the governing body of
the town who meets the qualifications prescribed by Section
3868.052(a);
(2) the town manager; and
(3) the finance director of the town.
(b) An appointed director serves a term of four years.
Sec. 3868.052. QUALIFICATIONS OF APPOINTED DIRECTOR. (a)
To be qualified to serve as an appointed director under Section
3868.051(a)(1), a person must:
(1) meet the qualifications of Section 375.063, Local
Government Code;
(2) be a partner of a partnership that owns property in
the district;
(3) be an officer of a corporation that owns property
in the district;
(4) be a member or officer of a limited liability
company that owns property in the district; or
(5) be a member or officer of a limited liability
company that is a partner of a partnership that owns property in the
district.
(b) Section 49.052, Water Code, does not apply to the
district.
Sec. 3868.053. COMPLETE DISCRETION OF TOWN REGARDING
APPOINTMENT OF DIRECTOR. The governing body of the town may refuse
to appoint a person who is nominated to be a director and meets the
qualifications prescribed by Section 3868.052(a). The governing
body has complete discretion in the appointment of a director.
Sec. 3868.054. VACANCY. (a) The remaining directors shall
fill a vacancy on the board by appointing a person who meets the
qualifications prescribed by Section 3868.052(a).
(b) If there are fewer than three directors, the governing
body of the town shall appoint the necessary number of directors to
fill all board vacancies.
Sec. 3868.055. DIRECTOR'S OATH OR AFFIRMATION. A director
shall file the director's oath or affirmation of office with the
district, and the district shall retain the oath or affirmation in
the district records.
Sec. 3868.056. OFFICERS. The board shall elect from among
the directors a chair, a vice chair, and a secretary.
Sec. 3868.057. COMPENSATION; EXPENSES. (a) The district
may compensate each director in an amount not to exceed $150 for
each board meeting. The total amount of compensation a director may
receive each year may not exceed $6,000. A director who is an
employee of the town may not receive compensation under this
subsection.
(b) A director is entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of a director.
Sec. 3868.058. LIABILITY INSURANCE. The district may
obtain and pay for comprehensive general liability insurance
coverage from commercial insurance companies or other sources that
protect and insure the directors against personal liability and
from all claims for actions taken as directors or actions and
activities taken by the district or by others acting on its behalf.
Sec. 3868.059. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
Pos. No. Name of Director
1 Ivan Langford, Town Manager
2 Alan Dickerson, Town Finance Director
3 Ross Calhoun
(b) Of the initial directors, the term of the director
appointed for position 3 expires May 31, 2014.
(c) This section expires September 1, 2014.
[Sections 3868.060-3868.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3868.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3868.102. IMPROVEMENT PROJECTS. The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, the improvement projects described by
Subchapter C-1 or activities in support of or incidental to those
projects.
Sec. 3868.103. WATER DISTRICT POWERS. The district has the
powers provided by the general laws relating to conservation and
reclamation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code.
Sec. 3868.104. ROAD DISTRICT POWERS. The district has the
powers provided by the general laws relating to road districts and
road utility districts created under Section 52(b), Article III,
Texas Constitution, including Chapter 441, Transportation Code.
Sec. 3868.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The
district has the powers provided by Chapter 372, Local Government
Code, to a municipality or county.
Sec. 3868.106. MUNICIPAL MANAGEMENT DISTRICT POWERS. The
district has the powers provided by Chapter 375, Local Government
Code.
Sec. 3868.107. CONTRACT POWERS. The district may contract
with a governmental or private entity, on terms determined by the
board, to carry out a power or duty authorized by this chapter or to
accomplish a purpose for which the district is created.
Sec. 3868.108. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise the
powers given to a development corporation under Chapter 505, Local
Government Code, including the power to own, operate, acquire,
construct, lease, improve, or maintain a project under that
chapter.
Sec. 3868.109. 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. 3868.110. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3868.111. 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. 3868.112. ECONOMIC DEVELOPMENT. (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 that:
(1) Chapter 380, Local Government Code, provides to a
municipality; and
(2) Subchapter A, Chapter 1509, Government Code,
provides to a municipality.
Sec. 3868.113. ADDING OR REMOVING TERRITORY. As provided
by Subchapter J, Chapter 49, Water Code, the board may add territory
to the district, subject to Section 54.016, Water Code, or remove
territory from the district, except that:
(1) the addition or removal of the territory must be
approved by:
(A) the governing body of the town; and
(B) the owners of the territory being added or
removed; and
(2) territory may not be removed from the district if
bonds or other obligations of the district payable wholly or partly
from assessments levied or assessed on the territory are
outstanding.
Sec. 3868.114. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
Sec. 3868.115. NO AD VALOREM TAX. The district may not
impose an ad valorem tax.
Sec. 3868.116. NO TOLL ROADS. The district may not
construct, acquire, maintain, or operate a toll road.
[Sections 3868.117-3868.150 reserved for expansion]
SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES
Sec. 3868.151. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using money available to the district, or contract with a
governmental or private entity to provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project or service authorized under this chapter or
Chapter 375, Local Government Code.
Sec. 3868.152. BOARD DETERMINATION REQUIRED. The district
may not undertake an improvement project unless the board
determines the project:
(1) is necessary to accomplish a public purpose of the
district; and
(2) complies with the development agreement or the
parties to the development agreement agree to the project, in
writing.
Sec. 3868.153. LOCATION OF IMPROVEMENT PROJECT. An
improvement project may be inside or outside the district.
Sec. 3868.154. TOWN REQUIREMENTS. (a) An improvement
project in the town must comply with any applicable requirements of
the town, including codes and ordinances, that are consistent with
the development agreement.
(b) The district may not provide, conduct, or authorize any
improvement project on the town's streets, highways,
rights-of-way, or easements without the consent of the governing
body of the town.
Sec. 3868.155. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE
AREA. The district may undertake an improvement project or service
that confers a special benefit on a definable area in the district
and levy and collect a special assessment on benefited property in
the district in accordance with:
(1) Chapter 372, Local Government Code; or
(2) Chapter 375, Local Government Code.
Sec. 3868.156. CONTRACTS. A contract to design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project is considered a contract for a good or service
under Subchapter I, Chapter 271, Local Government Code.
[Sections 3868.157-3868.200 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3868.201. BORROWING MONEY; OBLIGATIONS. (a) The
district may borrow money for a district purpose by issuing bonds,
notes, time warrants, or other obligations, or by entering into a
contract payable wholly or partly from an assessment, a contract
payment, a grant, revenue from a zone created under Chapter 311 or
312, Tax Code, other district revenue, or a combination of these
sources.
(b) An obligation described by Subsection (a):
(1) may bear interest at a rate determined by the
board; and
(2) may include a term or condition as determined by
the board.
Sec. 3868.202. DEVELOPMENT AGREEMENT. Before the district
borrows money or issues an obligation under Section 3868.201, the
town must provide written notice to the district that no party to
the development agreement is in default as of the date the district
is authorized to borrow the money or enter the obligation.
Sec. 3868.203. ASSESSMENTS. The district may impose an
assessment on property in the district to pay for an obligation
described by Section 3868.201 in the manner provided for:
(1) a district under Subchapters A, E, and F, Chapter
375, Local Government Code; or
(2) a municipality or county under Subchapter A,
Chapter 372, Local Government Code.
Sec. 3868.204. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. 3868.205. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to the district.
[Sections 3868.206-3868.250 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3868.251. DISSOLUTION BY TOWN ORDINANCE. (a) The town
may dissolve the district by ordinance.
(b) The town may not dissolve the district until:
(1) the district's outstanding indebtedness or
contractual obligations have been repaid or discharged; or
(2) the town agrees to succeed to the rights and
obligations of the district.
(c) The town may not dissolve the district until:
(1) each party to the development agreement fulfills
the party's obligations under the agreement; and
(2) the district fulfills the district's obligation to
pay or reimburse a developer or owner for the costs of improvement
projects and services undertaken by the district.
Sec. 3868.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
(a) If the dissolved district has bonds or other obligations
outstanding secured by and payable from assessments or other
revenue, the town succeeds to the rights and obligations of the
district regarding enforcement and collection of the assessments or
other revenue.
(b) The town shall have and exercise all district powers to
enforce and collect the assessments or other revenue to pay:
(1) the bonds or other obligations when due and
payable according to their terms; or
(2) special revenue or assessment bonds or other
obligations issued by the town to refund the outstanding bonds or
obligations of the district.
Sec. 3868.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
After the town dissolves the district, the town assumes the
obligations of the district, including any bonds or other
indebtedness payable from assessments or other district revenue.
(b) If the town dissolves the district, the board shall
transfer ownership of all district property to the town.
SECTION 2. The Valencia Municipal Management District No. 1
initially includes all territory contained in the following area:
Being a 448.005 acre tract of land situated in the S. Guarrara
Survey, Abstract No. 456 and the T. Rodriguez Survey, Abstract No.
1068, and the A. Cooper Survey, Abstract No. 250, in Denton County,
Texas, and being all of a called 448.136 acre tract of land conveyed
to Sassanid Arcady Holdings, L.P., by deed recorded in Document
Number 2006-326, Real Property Records, Denton County, Texas. Said
448.005 acre tract, with bearing basis being Grid North, Texas
State Plane Coordinates, North Central Zone, NAD83. Being more
particularly described by metes and bounds as follows:
Beginning at a Corps of Engineers monument stamped "J-818-1/1"
(TXNC-4202, N-7125809.07083, E-235639.61099, grid coordinates)
found for the northeast corner of aforesaid 448.136 acre tract and
being on the west line of a called 34.4606 acre tract of land
conveyed to David J. Kirch by deed recorded in Volume 3060, Page
706, Denton County, Texas;
Thence South 00 degrees 17 minutes 50 seconds West, along the east
line of aforesaid 448.136 acre tract and the common west lines of a
aforesaid 34.4606 acre tract and a called 123.243 acre tract of land
conveyed to Thomas James George and Robert Joseph George by deed
recorded in Volume 853, Page 138, Deed Records, Denton County,
Texas, a Distance of 2121.00 feet to a point for corner;
Thence South 01 degrees 54 minutes 55 seconds West, continuing
along the east line of aforesaid 448.136 acre tract and the common
west lines of aforesaid 123.243 acre tract, a distance of 616.18
feet to a Corps of Engineers concrete monument with a brass disc
stamped "J-819-9" (disturbed) found for the southwest corner of
said 123.243 acre tract;
Thence along the common property lines of aforesaid 448.136 acre
tract and Garza-Little Elm Reservoir (Lake Lewisville) the
following courses and distances:
South 05 degrees 05 minutes 39 seconds West, a distance of
973.12 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-819-7B" found for corner;
South 05 degrees 47 minutes 18 seconds West, a distance of
188.48 feet to a Corps of Engineers metal fence corner post
stamped "JP-5A" found for corner;
South 89 degrees 33 minutes 02 seconds West, a distance of
201.77 feet to a Corps of Engineers metal fence corner post
stamped "JP-5J" found for corner;
South 01 degrees 10 minutes 59 seconds East, a distance of
197.53 feet to a Corps of Engineers metal fence corner post
stamped "JP-5K" found for corner;
South 59 degrees 49 minutes 02 seconds west, a distance of
157.90 feet to a Corps of Engineers metal fence corner post
stamped "JP-5L" found for corner;
North 53 degrees 19 minutes 52 seconds West, a distance of
309.93 feet to a Corps of Engineers metal fence corner post
stamped "JP-5M" found for corner;
South 66 degrees 04 minutes 16 seconds West, a distance of
446.47 feet to a Corps of Engineers metal fence corner post
stamped "JP-5C" found for corner;
North 89 degrees 51 minutes 07 seconds West, a distance of
730.36 feet to a Corps of Engineers metal fence corner post
stamped "JP-5D" found for corner;
South 62 degrees 27 minutes 46 seconds West, a distance of
369.89 feet to a Corps of Engineers metal fence corner post
stamped "JP-5E" found for corner;
North 30 degrees 01 minutes 04 seconds West, a distance of
182.06 feet to a Corps of Engineers metal fence corner post
stamped "JP-5F" found for corner;
North 77 degrees 59 minutes 54 seconds West, a distance of
203.73 feet to a Corps of Engineers metal fence corner post
stamped "JP-5G" found for corner;
South 67 degrees 53 minutes 42 seconds West, a distance of
253.97 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-809-2-3" found for corner;
South 85 degrees 20 minutes 33 seconds, West, a distance of
1000.06 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-809-2-2" found for corner;
South 60 degrees 03 minutes 52 seconds West, a distance of
742.15 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-809-2-1" found for corner;
Thence North 88 degrees 47 minutes 14 seconds West, a distance of
900.19 feet to a 1/2" iron rod found for a northwest corner of a
tract of land conveyed to Robert Sparks by deed recorded in Volume
820, Page 541, Deed Records, Denton County, Texas;
Thence South 25 degrees 56 minutes 04 seconds West, along the west
line of aforesaid Robert Sparks Tract, a distance of 400.69 feet to
a point for the southwest corner of said Robert Sparks Tract and
being the northwest corner of The Shores at Lake Lewisville, an
Addition to Denton County, Texas by plat recorded in Cabinet I.,
Page 386, Plat Records, Denton County, Texas;
Thence South 25 degrees 47 minutes 13 seconds West, along the west
line of aforesaid The Shores at Lake Lewisville, a distance of
678.25 feet to a point for the southwest corner of the said Shores
at Lake Lewisville and being the northwest corner of a called 2.4796
acre tract of land conveyed to Robert Eric Seitz and Wife, Christy
L. Seitz by deed recorded in County Clerk's File No. 2001-R0084339,
Real Property Records, Denton County, Texas;
Thence South 26 degrees 32 minutes 44 seconds West, along the west
line of aforesaid 2.4796 acre tract, a distance of 163.19 feet to a
3/4 inch iron rod found for the southwest corner of said 2.4796 acre
tract and being the northeast corner of a tract of land conveyed to
Clifford E. Burgert and wife, Norma J. Burgert by deed recorded in
Volume 603, page 591, Deed Records, Denton County, Texas;
Thence North 53 degrees 24 minutes 02 seconds West, along the
northeast line of aforesaid Burgert Tract, a distance of 613.52
feet to a point for corner;
Thence South 00 degrees 14 minutes 27 seconds West, along the west
line of aforesaid Burgert Tract, a distance of 1204.38 feet to a
point for the southwest corner of said Burgert Tract;
Thence along the common property lines of aforesaid 448.136 acre
tract and Garza-Little Elm Reservoir (Lake Lewisville) the
following courses and distances:
South 88 degrees 47 minutes 31 seconds West, a distance of
852.62 feet to a Corps of Engineers concrete monument with a
brass disc stamped "H-723-1A" found for corner;
South 01 degrees 35 minutes 41 seconds West, a distance of
224.05 feet to a 1/2" iron rod found for corner;
South 41 degrees 04 minutes 06 seconds West, a distance of
1034.72 feet to a 1/2" iron rod found for corner;
South 31 degrees 38 minutes 08 seconds East, a distance of
43.78 feet to a Corps of Engineers concrete monument with a
brass disc stamped "H-725-6" found for corner;
South 67 degrees 00 minutes 25 seconds West, a distance of
339.76 feet to a Corps of Engineers concrete monument with a
brass disc stamped "H-725-5" found for corner;
North 03 degrees 41 minutes 10 seconds East, a distance of
799.90 feet to a Corps of Engineers concrete monument with a
brass disc stamped "H-725-4" found for corner;
North 54 degrees 21 minutes 53 seconds West, a distance of
880.37 feet to a Corps of Engineers concrete monument with a
brass disc stamped "H-725-3" (TXNC-4202, N-7119284.86086,
E-2447700.74262, Grid Coordinates) found for corner;
North 43 degrees 52 minutes 25 seconds East, passing at a
distance 470.45 feet a Corps of Engineers concrete monument
with a brass disc stamped "H-725-2B" found for witness,
continuing a total distance of 1470.92 feet to a point for
corner;
North 00 degrees 16 minutes 40 seconds East, a distance of
841.00 feet to a Corps of Engineers concrete monument with a
brass disc stamped "H-725-1" found for corner;
South 89 degrees 24 minutes 13 seconds East, a distance of
124.81 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-802-1" found for corner;
North 11 degrees 07 minutes 21 seconds East, a distance of
189.76 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-802-1A" found for corner;
North 11 degrees 09 minutes 34 seconds East, a distance of
1139.40 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-802-1B" found for corner;
North 11 degrees 07 minutes 01 seconds East, a distance of
206.42 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-802-2" found for corner;
South 67 degrees 02 minutes 47 seconds East, a distance of
300.01 feet to a 1/2" iron rod found for corner;
North 74 degrees 49 minutes 11 seconds East, a distance of
490.87 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-807-1/1" found for corner;
South 61 degrees 15 minutes 26 seconds East, a distance of
373.27 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-807-1/2" found for corner;
South 26 degrees 49 minutes 05 seconds East, a distance of
699.90 feet to a 1/2: iron rod found for corner;
South 81 degrees 28 minutes 29 seconds East, a distance of
666.26 feet to a point for corner;
North 66 degrees 13 minute 24 seconds East, a distance of
1797.71 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-809-1/ 2" found for corner;
North 41 degrees 17 minutes 12 seconds East, a distance of
667.01 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-809-1/3" found for corner;
North 31 degrees 23 minutes 34 seconds East, a distance of
700,27 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-809-1/4" found for corner;
North 63 degrees 23 minutes 49 seconds East, a distance of
273.07 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-840-1" found for corner;
South 89 degrees 29 minutes 46 seconds East, a distance of
229.83 feet to a point for corner;
North 38 degrees 34 minutes 35 seconds East, a distance of
1360.52 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-812-1" found for corner;
North 80 degrees 39 minutes 19 seconds East, a distance of
243.94 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-812-3" found for corner;
North 59 degrees 22 minutes 33 seconds East, a distance of
168.45 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-812-4" found for corner;
North 44 degrees 29 minutes 05 seconds East, a distance of
399.34 feet to a 1/2" iron rod found for corner;
North 28 degrees 23 minutes 26 seconds East, a distance of
199.91 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-812-6" found for corner;
North 49 degrees 33 minutes 37 seconds East, a distance of
500.13 feet to a Corps of Engineers concrete monument with a
brass disc stamped "J-812-7" found for corner;
North 77 degrees 57 minutes 14 seconds East, a distance of
439.11 feet to the POINT OF BEGINNING, and containing 448.005
acres of land, more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 4. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3819 was passed by the House on May 3,
2011, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3819 on May 26, 2011, by the following vote: Yeas 146, Nays 0,
1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3819 was passed by the Senate, with
amendments, on May 24, 2011, by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor