Bill Text: TX HB4638 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the creation of certain municipal management districts; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-18 - Effective on 1/1/22 [HB4638 Detail]
Download: Texas-2021-HB4638-Enrolled.html
H.B. No. 4638 |
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relating to the creation of certain municipal management districts; | ||||
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. Subtitle C, Title 4, Special District Local Laws | ||||
Code, is amended by adding Chapter 3918 to read as follows: | ||||
CHAPTER 3918. LEANDER MUNICIPAL MANAGEMENT DISTRICT NO. 1 | ||||
SUBCHAPTER A. GENERAL PROVISIONS | ||||
Sec. 3918.0101. DEFINITIONS. In this chapter: | ||||
(1) "Board" means the district's board of directors. | ||||
(2) "City" means Leander. | ||||
(3) "Director" means a board member. | ||||
(4) "District" means the Leander Municipal Management | ||||
District No. 1. | ||||
Sec. 3918.0102. CREATION AND NATURE OF DISTRICT. The | ||||
Leander Municipal Management District No. 1 is a special district | ||||
created under Section 59, Article XVI, Texas Constitution. | ||||
Sec. 3918.0103. 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. | ||||
(b) By creating the district and in authorizing the city and | ||||
other political subdivisions to contract with the district, the | ||||
legislature has established a program to accomplish the public | ||||
purposes set out in Section 52-a, Article III, Texas Constitution. | ||||
(c) The creation of the district is necessary to promote, | ||||
develop, encourage, and maintain employment, commerce, | ||||
transportation, tourism, recreation, the arts, entertainment, | ||||
economic development, safety, and the public welfare in the | ||||
district. | ||||
(d) This chapter and the creation of the district may not be | ||||
interpreted to relieve the city from providing the level of | ||||
services provided as of the effective date of the Act enacting this | ||||
chapter to the area in the district. The district is created to | ||||
supplement and not to supplant city services provided in the | ||||
district. | ||||
Sec. 3918.0104. FINDINGS OF BENEFIT AND PUBLIC USE. (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; | ||||
(4) provide for water, wastewater, drainage, road, and | ||||
recreational facilities for the district; and | ||||
(5) promote and secure expanded and improved | ||||
transportation and pedestrian facilities and systems designed to | ||||
benefit the land and property in the district, the employees, | ||||
employers, and consumers in the district, and the general public. | ||||
(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 road, transportation, and pedestrian | ||||
facilities and systems and are considered to be a street, | ||||
transportation, or pedestrian 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. 3918.0105. INITIAL DISTRICT TERRITORY. (a) The | ||||
district is initially composed of the territory described by | ||||
Section 2 of the Act enacting this chapter. | ||||
(b) The boundaries and field notes contained in Section 2 of | ||||
the Act enacting this chapter form a closure. A mistake in the | ||||
field notes or in copying the field notes in the legislative process | ||||
does not affect the district's: | ||||
(1) organization, existence, or validity; | ||||
(2) right to issue any type of bonds for the purposes | ||||
for which the district is created or to pay the principal of and | ||||
interest on the bonds; | ||||
(3) right to impose or collect an assessment or tax; or | ||||
(4) legality or operation. | ||||
Sec. 3918.0106. 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; | ||||
(2) a tax abatement reinvestment zone created under | ||||
Chapter 312, Tax Code; or | ||||
(3) an enterprise zone created under Chapter 2303, | ||||
Government Code. | ||||
Sec. 3918.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||||
DISTRICT LAW. Except as otherwise provided by this chapter, | ||||
Chapter 375, Local Government Code, applies to the district. | ||||
Sec. 3918.0108. LIMITED WAIVER OF SOVEREIGN IMMUNITY. The | ||||
district is considered to have waived sovereign immunity to suit by | ||||
the city for the purpose of adjudicating a claim for breach of the | ||||
development agreement described by Section 3918.0302. | ||||
Sec. 3918.0109. CONSTRUCTION OF CHAPTER. This chapter | ||||
shall be liberally construed in conformity with the findings and | ||||
purposes stated in this chapter. | ||||
Sec. 3918.0110. CONFLICT OF LAWS. In the event of a | ||||
conflict between this chapter and any other law, this chapter | ||||
prevails. | ||||
SUBCHAPTER B. BOARD OF DIRECTORS | ||||
Sec. 3918.0201. GOVERNING BODY; TERMS. (a) The district is | ||||
governed by a board of five directors who serve staggered terms of | ||||
four years with two or three directors' terms expiring June 1 after | ||||
the fourth anniversary of the date of the directors' appointment. | ||||
(b) The board may not create an executive committee to | ||||
exercise the powers of the board. | ||||
Sec. 3918.0202. QUALIFICATIONS OF DIRECTORS. To be | ||||
qualified to serve as a director, a person must be: | ||||
(1) an owner of property in the district; | ||||
(2) an owner of stock or a partnership or membership | ||||
interest, whether beneficial or otherwise, of a corporate owner of | ||||
an interest in property in the district; | ||||
(3) an owner of a beneficial interest in a trust, or a | ||||
trustee in a trust, that directly or indirectly owns property in the | ||||
district; or | ||||
(4) an agent, employee, or tenant of a person | ||||
described by Subdivision (1), (2), or (3). | ||||
Sec. 3918.0203. APPOINTMENT OF DIRECTORS. The governing | ||||
body of the city shall appoint directors from persons recommended | ||||
by the board. | ||||
Sec. 3918.0204. VACANCY. (a) If a vacancy occurs on the | ||||
board, the remaining directors shall appoint a director for the | ||||
remainder of the unexpired term. | ||||
(b) A director may resign from the board at any time. | ||||
Sec. 3918.0205. OFFICERS. The board shall elect from among | ||||
the directors a chair, a vice chair, and a secretary. The offices | ||||
of chair and secretary may not be held by the same person. | ||||
Sec. 3918.0206. COMPENSATION; EXPENSES. (a) A director | ||||
may not receive compensation for service on the board. | ||||
(b) A director is entitled to reimbursement for necessary | ||||
and reasonable expenses incurred in carrying out the duties and | ||||
responsibilities of the board. The total amount of expenses for | ||||
each director in one year may not exceed the amount approved by the | ||||
board and may not exceed the amount of expenses budgeted for a | ||||
member of the governing body of the city. | ||||
Sec. 3918.0207. LIABILITY INSURANCE. The district may | ||||
obtain and pay for comprehensive general liability insurance | ||||
coverage from a commercial insurance company or other source that | ||||
protects and insures a director against personal liability and from | ||||
all claims relating to: | ||||
(1) actions taken by the director in the director's | ||||
capacity as a member of the board; | ||||
(2) actions and activities taken by the district; or | ||||
(3) the actions of others acting on behalf of the | ||||
district. | ||||
Sec. 3918.0208. BOARD MEETINGS. (a) The board shall hold | ||||
meetings at a place accessible to the public. | ||||
(b) The board must post notice of each meeting with the city | ||||
secretary not later than 72 hours before the scheduled time of the | ||||
meeting. | ||||
Sec. 3918.0209. INITIAL DIRECTORS. (a) On or after January | ||||
1, 2022, the owner or owners of a majority of the assessed value of | ||||
real property in the district may submit a petition to the governing | ||||
body of the city requesting that the governing body appoint five | ||||
persons as initial directors from a list of persons in the district. | ||||
(b) A petition must name more than five qualified persons. | ||||
(c) The governing body shall appoint as initial directors | ||||
five persons listed in the petition who are qualified to serve as | ||||
directors. | ||||
(d) The initial directors shall determine by lot which three | ||||
positions expire June 1 following the second anniversary of the | ||||
date of the appointment and which two positions expire June 1 | ||||
following the fourth anniversary of the date of the appointment. | ||||
(e) This section expires September 1, 2027. | ||||
SUBCHAPTER C. POWERS AND DUTIES | ||||
Sec. 3918.0301. GENERAL POWERS AND DUTIES. (a) The | ||||
district has the powers and duties necessary to accomplish the | ||||
purposes for which the district is created. | ||||
(b) The board may not take any action or exercise any power | ||||
granted under this chapter other than to hold an initial | ||||
organizational meeting until the development agreement described | ||||
by Section 3918.0302 is approved by the city and executed by the | ||||
parties to the agreement. | ||||
Sec. 3918.0302. DEVELOPMENT AGREEMENT. (a) The city, the | ||||
district, the owner of the majority of the land in the district, and | ||||
any other entities the city determines are necessary to the | ||||
agreement may execute a development agreement if approved by the | ||||
city. | ||||
(b) This chapter expires on the fourth anniversary of the | ||||
effective date of the Act enacting this chapter if the development | ||||
agreement under Subsection (a) is not executed before that date. | ||||
Sec. 3918.0303. 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. | ||||
(d) A district improvement project or service must comply | ||||
with: | ||||
(1) any city zoning and subdivision requirements; and | ||||
(2) city codes and ordinances. | ||||
(e) The district may not provide, conduct, or authorize an | ||||
improvement project on any street, highway, right-of-way, or | ||||
easement owned or controlled by the city unless the governing body | ||||
of the city by resolution consents to the improvement. | ||||
Sec. 3918.0304. IMPROVEMENT PROJECT AND SERVICE IN | ||||
DEFINABLE AREA; BENEFIT BASIS. 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 | ||||
Chapter 375, Local Government Code. | ||||
Sec. 3918.0305. LAW ENFORCEMENT SERVICES. To protect the | ||||
public interest, with the consent of the city by resolution, the | ||||
district may contract with a qualified party, including the city, | ||||
to provide supplemental and enhanced law enforcement and security | ||||
services in the district for a fee. | ||||
Sec. 3918.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The | ||||
district, in coordination with the city, 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 with the prior consent of the | ||||
governing body of the city in accordance with the development | ||||
agreement 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 Chapter 380, | ||||
Local Government Code, and Subchapter A, Chapter 1509, Government | ||||
Code, provide to a municipality. | ||||
Sec. 3918.0307. 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. 3918.0308. ADDING OR REMOVING TERRITORY. (a) The | ||||
board may add or remove territory as provided by Subchapter J, | ||||
Chapter 49, Water Code. | ||||
(b) The district may add or remove territory as described by | ||||
Subsection (a) only if the governing body of the city by ordinance | ||||
or resolution consents to the addition or removal. | ||||
Sec. 3918.0309. EXEMPT PROPERTY. The district may not | ||||
impose an impact fee, assessment, tax, or other charge on property | ||||
owned by the city, the county, or other political subdivision or on | ||||
property exempted under this section except as provided by | ||||
Subchapter H, Chapter 375, Local Government Code. | ||||
Sec. 3918.0310. NO EMINENT DOMAIN POWER. The district may | ||||
not exercise the power of eminent domain. | ||||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||||
Sec. 3918.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||||
board by resolution with the prior consent of the governing body of | ||||
the city in accordance with the development agreement shall | ||||
establish the number of directors' signatures and the procedure | ||||
required for a disbursement or transfer of district money. | ||||
Sec. 3918.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | ||||
The board by resolution may impose and collect an assessment to | ||||
finance improvement projects and services authorized by this | ||||
chapter in all or any definable part of the district in the manner | ||||
provided by Subchapter F, Chapter 375, Local Government Code. | ||||
(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 after providing notice and holding a hearing as | ||||
provided by Subchapter F, Chapter 375, Local Government Code. | ||||
Sec. 3918.0403. USE OF ELECTRICAL OR OPTICAL LINES. (a) | ||||
The district may impose an assessment to pay the cost of: | ||||
(1) burying, relocating, or removing electrical power | ||||
lines, telephone lines, cable or fiber-optic lines, or any other | ||||
type of electrical or optical line; | ||||
(2) removing poles and any elevated lines using the | ||||
poles; and | ||||
(3) reconnecting the lines described by Subdivision | ||||
(2) to the buildings or other improvements to which the lines were | ||||
connected. | ||||
(b) The assessment under Subsection (a) may not be imposed | ||||
on the property, including the equipment, rights-of-way, | ||||
easements, facilities, or improvements, of a telecommunications | ||||
provider as defined by Section 51.002, Utilities Code, or a cable | ||||
service provider or video service provider as defined by Section | ||||
66.002, Utilities Code, unless in accordance with an agreement with | ||||
the city. | ||||
(c) The district may acquire, operate, or charge fees for | ||||
the use of the district conduits for: | ||||
(1) another person's: | ||||
(A) telecommunications network; | ||||
(B) fiber-optic cable; or | ||||
(C) electronic transmission line; or | ||||
(2) any other type of transmission line or supporting | ||||
facility. | ||||
(d) The district may not require a person to use a district | ||||
conduit. | ||||
SUBCHAPTER E. TAXES AND BONDS | ||||
Sec. 3918.0501. BONDS AND OTHER OBLIGATIONS. With the | ||||
consent of the governing body of the city by resolution in | ||||
accordance with Section 375.207, Local Government Code, the | ||||
district may issue bonds, notes, or other obligations payable | ||||
wholly or partly from ad valorem taxes or assessments in the manner | ||||
provided by Chapter 375, Local Government Code. | ||||
Sec. 3918.0502. TAX ELECTION REQUIRED. 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. | ||||
Sec. 3918.0503. OPERATION AND MAINTENANCE TAX. (a) If | ||||
authorized by a majority of the district voters voting at an | ||||
election under Section 3918.0502, 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. 3918.0504. 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. 3918.0505. BONDS SECURED BY AD VALOREM TAXES; | ||||
ELECTIONS. (a) If authorized at an election under Section | ||||
3918.0502, the district may issue bonds payable from ad valorem | ||||
taxes. | ||||
(b) Section 375.243, Local Government Code, does not apply | ||||
to the district. | ||||
(c) 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. | ||||
(d) 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. 3918.0506. WRITTEN AGREEMENT REGARDING SPECIAL | ||||
APPRAISALS. Before the district may issue bonds, the district and | ||||
any person to whom the board intends that proceeds of the bonds be | ||||
distributed, including the developer, another owner of land in the | ||||
district, and any entity acting as a lender to the developer or | ||||
other landowner for the purpose of a project relating to the | ||||
district, must enter into a written agreement that: | ||||
(1) waives for the term of the agreement the right to a | ||||
special appraisal with respect to taxation by the district under | ||||
Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and | ||||
(2) remains in effect for 30 years and is binding on | ||||
the parties, on entities related to or affiliated with the parties, | ||||
and on their successors and assignees. | ||||
Sec. 3918.0507. EXEMPTION FROM CERTAIN SUPERVISION AND | ||||
APPROVAL REQUIREMENTS. Section 375.208, Local Government Code, | ||||
does not apply to the district. | ||||
SUBCHAPTER J. DISSOLUTION | ||||
Sec. 3918.0901. DISSOLUTION BY CITY. (a) The city may | ||||
dissolve the district in the manner provided by Section 375.263, | ||||
Local Government Code, only if the city also complies with any | ||||
dissolution procedures in the development agreement described by | ||||
Section 3918.0302. | ||||
(b) In the case of a conflict between Section 375.263, Local | ||||
Government Code, and the development agreement, the development | ||||
agreement controls. | ||||
SECTION 2. The Leander Municipal Management District No. 1 | ||||
initially includes all territory contained in the following area: | ||||
Being all of that certain tract or parcel of land containing | ||||
115.7076 acres, more or less, comprised of those three (3) certain | ||||
tracts of land containing 22.781 acres, more or less, our of the | ||||
William Mancil Survey, Abstract No. 437 in Leander, Williamson | ||||
County, Texas, more described by metes and bounds shown on Exhibit | ||||
"A-1" attached hereto; 47.5871 acres, more or less, in the Talbot | ||||
Chambers Survey, Abstract No. 125 in Leander, Williamson County, | ||||
Texas, more described by metes and bounds shown on Exhibit "A-2" | ||||
attached hereto; 47.3395 acres, more or less, in the Talbot | ||||
Chambers Survey, Abstract No. 125 in Leander, Williamson County, | ||||
Texas, more described by metes and bounds shown on Exhibit "A-3" | ||||
attached hereto | ||||
EXHIBIT A-1 | ||||
Talbot Chambers Survey, Abstract No. 125 | ||||
Legal Description | ||||
BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 47.5871 ACRES | ||||
(2,072,892 SQUARE FEET) OUT OF THE TALBOT CHAMBERS SURVEY, ABSTRACT | ||||
NO. 125, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED | ||||
269.836 ACRE TRACT CONVEYED TO RB 270 PARTNERSHIP, RECORDED IN | ||||
DOCUMENT NO. 2004036768 OF THE OFFICIAL PUBLIC RECORDS OF | ||||
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), SAID 47.5871 ACRES BEING | ||||
MORE PARTICULARLY DESCRIBED BY METES AND AS FOLLOWS: | ||||
BEGINNING, at a 1/2-inch iron rod with "Ward-5811" cap found in the | ||||
curving east right-of-way line of Mel Mathis Boulevard | ||||
(right-of-way varies), and being the southwest corner of a called | ||||
9.850 acre tract conveyed to Area Leander 1 LP, recorded in Document | ||||
No. 2016069577 (O.P.R.W.C.T.) and being in the north line of said | ||||
269.836 acre tract, for the northwest corner and POINT OF BEGINNING | ||||
hereof, from which a 1/2-inch iron rod with "Ward-5811" cap found at | ||||
point of tangency in the east right-of-way line of said Mel Mathis | ||||
Boulevard, and being in the west line of said 9.850 acre Area | ||||
Leander 1 LP tract, bears, 24.13 feet along the arc of a curve to the | ||||
right, having a radius of 999.00 feet, and whose chord bears | ||||
N18°36'59"W, a distance of 24.13 feet; | ||||
THENCE, leaving the east right-of-way line of said Mel Mathis | ||||
Boulevard, with the north line of said 269.836 acre RB 270 | ||||
Partnership tract and the south line of said 9.850 acre Area Leander | ||||
1 LP tract, the following three (3) courses and distances: | ||||
1) N70°42'41"E, a distance of 938.70 feet to a 1/2-inch iron | ||||
rod found for an angle point hereof, | ||||
2) N70°36'57"E, a distance of 53.16 feet to a 1/2-inch iron | ||||
rod found for an angle point hereof, and | ||||
3) N71°20'07"E, a distance of 79.42 feet to a 1/2-inch iron | ||||
rod found for the northeast corner hereof, said point being the | ||||
southeast corner of said 9.850 acre Area Leander 1 LP tract, and | ||||
being in the north line of said 269.836 acre RB 270 Partnership | ||||
tract, and being in the west right-of-way line of US Highway 183A | ||||
(400' right-of-way, conveyed in Document No(s). 2004068741 and | ||||
2004088731 (O.P.R.W.C.T.); | ||||
THENCE, leaving the north line of said 269.836 acre RB 270 | ||||
Partnership tract, with the west right-of-way line of said US | ||||
Highway 183A, over and across said 269.836 acre RB 270 Partnership | ||||
tract, S56°03'41"E, passing at a distance of 524.73 feet a TxDOT | ||||
Type II Brass Disc Monument with "CTRMA" stamp found, and | ||||
continuing for a total distance of 1,299.85 feet to a 1/2-inch iron | ||||
rod with "KHA" cap found for the southeast corner hereof, said point | ||||
being the northeast corner of a called 100.000 acre tract, conveyed | ||||
to Austin Community College District recorded in Document | ||||
No. 2010030836 (O.P.R.W.C.T.), from which a TxDOT Type II Brass | ||||
Disc Monument with "CTRMA" stamp found at a point of curvature in | ||||
the west right-of-way line of said US Highway 183A, and being in the | ||||
east line of said 100.000 acre Austin Community College District | ||||
tract bears, S56°03'41"E, a distance of 724.81 feet; | ||||
THENCE, over and across said 269.836 acre RB 270 Partnership tract, | ||||
with the north line of said 100.000 acre Austin Community College | ||||
District tract, the following three (3) courses and distances: | ||||
1) S33°55'23"W, a distance of 371.76 feet to a 5/8-inch iron | ||||
rod with aluminum "MWM" cap found for a point of curvature hereof, | ||||
2) 390.32 feet along the arc or a curve to the right, having | ||||
a radius of 630.00 feet, and whose chord bears S51°42'47"W, a | ||||
distance of 384.11 feet to a 5/8-inch iron rod with aluminum "MWM" | ||||
cap found for a point of tangency hereof, and | ||||
3) S69°24'42"W, a distance of 1,157.38 feet to a 1/2-inch | ||||
iron rod with "Ward-5811" cap set for the southwest corner hereof, | ||||
said point being the northwest corner of said 100.000 acre Austin | ||||
Community College District tract, and being in the east | ||||
right-of-way line of said Mel Mathis Boulevard; | ||||
THENCE, over and across said 269.836 acre RB 270 Partnership tract, | ||||
with the east right-of-way line of said Mel Mathis Boulevard, and | ||||
the west line of the herein described tract the following two (2) | ||||
courses and distances: | ||||
1) N20°34'14"W, a distance of 1,393.85 feet to a 1/2-inch | ||||
iron rod with "Ward-5811" cap set for a point of curvature hereof, | ||||
and | ||||
2) 22.41 along the arc of a curve to the right, having a | ||||
radius of 999.00 feet, and whose chord bears N19°55'40"W, a distance | ||||
of 22.41 feet to the POINT OF BEGINNING, and containing 47.5871 | ||||
Acres (2,072,892 Square Feet) more or less. | ||||
NOTE: | ||||
All bearings are based on the Texas State Plane Coordinate System, | ||||
Grid North, Central Zone (4203), all distances were adjusted to | ||||
surface using a combined scale factor of 1.000138805545. See | ||||
attached sketch (reference drawing: 00508 47 Acre Tract.dwg) | ||||
EXHIBIT A-2 | ||||
DOROTHY R. WINTERS EXEMPT FAMILY TRUST | ||||
WILLIAM MANCIL SURVEY, ASTRACT NO. 437 | ||||
22.781 ACRES (992,343 SQ. FT.) | ||||
DESCRIPTION OF 22.781 ACRES (992,343 SQ. FT.) OF LAND SITUATED IN | ||||
WILLIAMSON COUNTY, TEXAS, OUT OF THE WILLIAM MANCIL SURVEY, ASTRACT | ||||
NO. 437, BEING A PORTION OF A 159.838 ACRE TRACT DESCRIBED IN A DEED | ||||
OF RECORD TO DOROTHY R. WINTERS EXEMPT FAMILY TRUST IN DOCUMENT NO. | ||||
2014021295 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, | ||||
TEXAS; SAID 22.781 ACRES (992,343 SQ. FT.), BEING TWO TRACTS OF LAND | ||||
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||||
TRACT 1: | ||||
BEGINNING at a 1/2" iron rod found in the easterly line of a 100 foot | ||||
wide right-of-way for railroad purposes, quitclaimed to the City of | ||||
Austin by deed of record in Volume 1417, Page 282, Official Records | ||||
of Williamson County, Texas, same being the westerly line of said | ||||
159.838 Acre Tract, at the southwesterly corner of a 3.733 acre | ||||
tract conveyed to Williamson County, Texas for street right-of-way | ||||
purposes (San Gabriel Parkway - R.O.W. width varies) by deed of | ||||
record in Document No. 2004068740, Official Public Records of | ||||
Williamson County, Texas, for the northwesterly corner of the | ||||
herein described tract; | ||||
THENCE over and across said 159.838 Acre Tract, with the southerly | ||||
line of said 3.733 Acre Tract, same being the northerly line of the | ||||
herein described tract the following two (2) courses: | ||||
1. N71°51'31"E, a distance of 261.37 feet to a 1/2" iron rod | ||||
found; | ||||
2. N71°29'44"E, a distance of 843.54 feet to an iron rod with | ||||
cap found at the most westerly corner of a 163 square foot tract | ||||
conveyed to Williamson County, Texas for street right-of-way | ||||
purposes (San Gabriel Parkway R.O.W. width varies) by deed of | ||||
record in Document No. 2010082651, Official Public Records of | ||||
Williamson County, Texas; | ||||
THENCE N72°06'36"E, continuing over and across said 159.838 Acre | ||||
Tract with the southerly line of said 163 square foot tract, same | ||||
being the northerly line of the herein described tract, a distance | ||||
of 81.22 feet to an iron rod with cap found in the westerly line of a | ||||
2.124 acre tract conveyed to Williamson County, Texas for street | ||||
right-of-way purposes (San Gabriel Parkway - R.O.W. width varies) | ||||
by deed of record in Document No. 2006066934, Official Public | ||||
Records of Williamson County, Texas, at the southwesterly corner of | ||||
said 163 Square Foot Tract; | ||||
THENCE continuing over and across said 159.838 Acre Tract with the | ||||
westerly and southerly lines of said 2.124 Acre Tract, same being | ||||
the northerly line of the herein described tract the following two | ||||
(2) courses: | ||||
1. S16°45'56"E, a distance of 8.41 feet to a cotton spindle | ||||
found at the southwesterly corner of said 2.124 Acre Tract ; | ||||
2. N69°57'17"E, a distance of 39.44 feet to an iron rod with | ||||
G&R Cap set at the northwesterly corner of a 0.821 acre tract | ||||
conveyed to The City of Leander, Texas for street right-of-way | ||||
purposes (Mel Mathis Avenue-80' R.O.W.) by deed of record in | ||||
Document No. 2012077074, Official Public Records of Williamson | ||||
County, Texas, for the northeasterly corner of the herein described | ||||
tract; | ||||
THENCE continuing over and across said 159.838 Acre Tract with the | ||||
westerly line of said 0.821 Acre Tract, same being the easterly line | ||||
of the herein described tract the following two (2) courses: | ||||
1. S71°55'56"E, a distance of 420.33 feet to an iron rod with | ||||
G&R Cap set at the point of curvature of a curve to the left; | ||||
2. Along said curve to the left, having a radius of 1079.00 | ||||
feet, an arc length of 25.93 feet and a chord which bears | ||||
S18°37'14"E, a distance of 25.93 feet to an iron rod with G&R Cap set | ||||
in the northerly line of a 269.836 acre tract described in a deed of | ||||
record to RB 270 Partnership in Document No. 2004036768, Official | ||||
Public Records of Williamson County Texas, same being the southerly | ||||
line of said 159.838 Acre Tract, for the southeasterly corner of the | ||||
herein described tract; | ||||
THENCE with the southerly line of said 159.838 Acre Tract, same | ||||
being in part the northerly line of said 269.836 Acre Tract and in | ||||
part the northerly line of Lot 2, San Gabriel Park, a subdivision of | ||||
record in Cabinet Y. Slides 364-367, Plat Records of Williamson | ||||
County Texas, the following five (5) courses: | ||||
1. S70°42'59"W, a distance of 3.13 feet to an iron rod with | ||||
G&R Cap set at the common northerly corner of said 269.836 Acre | ||||
Tract and said Lot 2; | ||||
2. S71°12'01"W, a distance of 61.83 feet to a 1/2" iron rod | ||||
found; | ||||
3. S69°02'16"W, a distance of 90.38 feet to a 1/2" iron rod | ||||
found; | ||||
4. S70°43'16"W a distance of 728.63 feet to a 1/2" iron rod | ||||
found; | ||||
5. S70°11'21"W, a distance of 314.93 feet to a 1/2" iron rod | ||||
found in the easterly line of said 100 foot wide right-of-way for | ||||
railroad purposes and the westerly line of said 159.838 Acre Tract, | ||||
for the southwesterly corner of the herein described tract; | ||||
THENCE N21°11'57"W, with the common line of said 100 foot wide | ||||
right-of-way for railroad purposes and said 159.838 Acre Tract, a | ||||
distance of 477.91 feet to the POINT OF BEGINNING, containing an | ||||
area of 12.931 acres (563,261 sq. ft.) of land, more or less. | ||||
TRACT 2: | ||||
BEGINNING at a cotton spindle found in the westerly line of a 24.697 | ||||
acre tract, conveyed to Williamson County, Texas for Highway 183-A | ||||
right-of-way purposes (400' R.O.W.) by deed of record in Document | ||||
No. 2004068741, Official Public Records of Williamson County, | ||||
Texas, for the northeasterly corner of the herein described tract; | ||||
THENCE S56°04'40"E, over and across said 159.818 Acre Tract, with | ||||
the westerly line of said 24.697 Acre Tract, same being the easterly | ||||
line of the herein described tract, a distance of 712.18 feet to a | ||||
1/2" iron rod found in northerly line of a 269.836 acre tract | ||||
described in a deed of record to RB 270 Partnership in Document No. | ||||
2004036768, Official Public Records of Williamson County Texas, for | ||||
the southeasterly corner of the herein described tract; | ||||
THENCE with the common line of said 159.838 Acre Tract and said | ||||
269.836 Acre Tract the following three (3) courses: | ||||
1. S71°18'14"W, a distance of 79.46 feet to a 1/2" iron rod | ||||
found; | ||||
2. S70°37'32"W, a distance of 53.16 feet to a 1/2" iron rod | ||||
found; | ||||
3. S70°42'59°W, a distance of 938.59 feet to an iron rod with | ||||
G&R Cap set at the southeasterly corner of a 0.821 acre tract | ||||
conveyed to The City of Leander, Texas for street right-of-way | ||||
purposes (Mel Mathis Avenue - 80' R.O.W.) by deed of record in | ||||
Document No. 2012077074, Official Public Records of Williamson | ||||
County, Texas, for the southwesterly corner of the herein described | ||||
tract; | ||||
THENCE leaving the common line of said 159.838 Acre Tract and said | ||||
269.836 Acre Tract and continuing over and across said 159.838 Acre | ||||
Tract with the easterly line of said 0.821 Acre Tract, same being | ||||
the westerly line of the herein described tract, the following two | ||||
(2) courses: | ||||
1. Along a curve to the right, having a radius of 999.00 | ||||
feet, an arc length of 24.05 feet and a chord which bears | ||||
N18°37'19"W, a distance of 24.05 feet to an iron rod with G&R Cap set | ||||
at the end of said curve | ||||
2. N17°55'56"W, a distance of 423.28 feet to an iron rod with | ||||
G&R Cap set in the southerly line of a 2.124 acre tract conveyed to | ||||
Williamson County, Texas for street right-of-way purposes (San | ||||
Gabriel Parkway - R.O.W. width varies) by deed of record in Document | ||||
No. 2006066934, Official Public Records of Williamson County, | ||||
Texas, for the northwesterly corner of the herein described tract; | ||||
THENCE N69°57'17"E, continuing over and across said 159.838 Acre | ||||
Tract with the southerly line of said 2.124 Acre Tract, same being | ||||
the northerly line of the herein described tract, a distance of | ||||
115.16 feet to an iron rod with cap found at the southwesterly | ||||
corner of a 0.808 acre tract conveyed to Williamson County, Texas | ||||
for street right-of-way purposes (San Gabriel Parkway - R.O.W. | ||||
width varies) by deed of record in Document No. 2010082651, | ||||
Official Public Records of Williamson County, Texas; | ||||
THENCE continuing over and across said 159.838 Acre Tract with the | ||||
southerly line of said 0.808 Acre Tract, same being the northerly | ||||
line of the herein described tract, the following two (2) courses: | ||||
1. Along a curve to the left, having a radius of 1113.00 | ||||
feet, an arc length of 444.24 feet and a chord which bears | ||||
N59°35'56"E, a distance of 441.30 feet to an iron rod with cap found | ||||
at the end of said curve; | ||||
2. N48°11'55"E, a distance of 93.35 feet to the POINT OF | ||||
BEGINNING, containing an area of 9.850 (429,082 sq. ft.) acres of | ||||
land, more or less. FOR A TOTAL AREA OF 22.781 (992,343 SQ. FT.) | ||||
ACRES OF LAND WITHIN TRACTS 1 AND 2. | ||||
EXHIBIT A-3 | ||||
Talbot Chambers Survey, Abstract No. 125 | ||||
Legal Description | ||||
BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 45.3395 ACRES | ||||
(1,974,990 SQUARE FEET) OUT OF THE TALBOT CHAMBERS SURVEY, ABSTRACT | ||||
NO. 125, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, SAN | ||||
GABRIEL PARK, A SUBDIVISION RECORDED IN CABINET Y, SLIDES 364-367 | ||||
OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.), SAID | ||||
45.3395 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND AS | ||||
FOLLOWS: | ||||
BEGINNING, at a 1/2-inch iron rod found in the east right-of-way | ||||
line of the Capital Metropolitan Transportation Authority Railroad | ||||
(100' right-of-way), conveyed in Document No. 2000020773 of the | ||||
Official Public Records of Williamson County, Texas | ||||
(O.P.R.W.C.T.), being the southwest corner of a called 12.931 acre | ||||
tract conveyed to Area Leander 1, L.P. in Document No. 2016069577 | ||||
(O.P.R.W.C.T.), and being the northwest corner of said Lot 2, for | ||||
the northwest corner hereof, from which a 1/2-inch iron rod found at | ||||
the intersection of the south right-of-way line of San Gabriel | ||||
Parkway (right-of-way width varies), partially dedicated in | ||||
Document No. 2004068740 (O.P.R.W.C.T.), and the east right-of-way | ||||
line of said Railroad, bears N21°12'43"W, a distance of 477.90 feet; | ||||
THENCE, leaving the east right-of-way line of said Railroad, with | ||||
the common line of said 12.931 acre tract and said Lot 2, the | ||||
following four (4) courses and distances: | ||||
1) N70°11'45"E, a distance of 314.90 feet to a 1/2-inch iron | ||||
rod found for an angle point hereof, | ||||
2) N70°43'28"E, a distance of 728.71 feet to a 1/2-inch iron | ||||
rod found for an angle point hereof, | ||||
3) N69°06'10"E, a distance of 90.47 feet to a 1/2-inch iron | ||||
rod found for an angle point hereof, and | ||||
4) N71°06'42"E, a distance of 61.67 feet to a 1/2-inch iron | ||||
rod with "Ward-5811" cap set for the northeast corner hereof, being | ||||
an angle point in the west right-of-way line of Mel Mathis Boulevard | ||||
(right-of-way width varies), partially dedicated in Document | ||||
No. 2014077239 (O.P.R.W.C.T.), and being the northeast corner of | ||||
said Lot 2; | ||||
THENCE, with the west right-of-way line of said Mel Mathis | ||||
Boulevard and the east line of said Lot 2, the following three (3) | ||||
courses and distances: | ||||
1) S20°36'40"E, a distance of 1,117.48 feet to a 1/2-inch | ||||
iron rod with "Ward-5811" cap set for an angle point hereof, | ||||
2) S20°26'00"E, a distance of 27.68 feet to a 1/2-inch iron | ||||
rod with "Ward-5811" cap set for an angle point hereof, and | ||||
3) S20°29'52"E, a distance of 128.25 feet to a 1/2-inch iron | ||||
rod with "Ward-5811" cap set for an angle point hereof; | ||||
THENCE, with the east line of said Lot 2, in part being the west | ||||
right-of-way line of Mel Mathis Boulevard, and in part being the | ||||
west line of a called 3.827 acre tract conveyed to the City of | ||||
Leander, Texas in Document No. 2014005725 (O.P.R.W.C.T.), | ||||
S20°28'10"E, a distance of 493.39 feet to a 1/2-inch iron rod with | ||||
"Ward-5811" cap set for an angle point hereof and being an angle | ||||
point in the common line of said Lot 2 and said 3.827 acre tract; | ||||
THENCE, continuing with the common line of said Lot 2 and said 3.827 | ||||
acre tract, the following seven (7) courses and distances: | ||||
1) S22°49'04"E, a distance of 50.01 feet to a 1/2-inch iron | ||||
rod with "Ward-5811" cap set for an angle point hereof, | ||||
2) S16°12'32"E, a distance of 67.74 feet to a 1/2-inch iron | ||||
rod with "Ward-5811" cap set for an angle point hereof, | ||||
3) S21°18'20"E, a distance of 61.32 feet to a 1/2-inch iron | ||||
rod with "Ward-5811" cap set for an angle point hereof, | ||||
4) S20°56'16"E, a distance of 136.77 feet to a 1/2-inch iron | ||||
rod with "Ward-5811" cap set for an angle point hereof | ||||
5) S21°13'59"E, a distance of 70.93 feet to a 1/2-inch iron | ||||
rod with "Ward-5811" cap set for an angle point hereof, | ||||
6) S25°02'37"E, a distance of 366.51 feet to a Mag nail with | ||||
"4Ward Boundary" washer set for an angle point hereof, and | ||||
7) S24°25'23"W, a distance of 17.00 feet to a calculated | ||||
point for southeast corner hereof, from which a 1/2-inch iron rod | ||||
found for an angle point in the common line of said Lot 2 and said | ||||
3.827 acre tract bears S24°25'23"W, a distance of 33.09 feet; | ||||
THENCE, over and across said Lot 2, the following twenty-five (25) | ||||
courses and distances: | ||||
1) N50°07'41"W, a distance of 60.74 feet to a calculated | ||||
point for an angle point hereof, | ||||
2) N73°38'59"W, a distance of 66.59 feet to a calculated | ||||
point for an angle point hereof, | ||||
3) N01°56'09"E, a distance of 123.08 feet to a calculated | ||||
point for an angle point hereof, | ||||
4) N57°13'47"W, a distance of 201.97 feet to a calculated | ||||
point for an angle point hereof, | ||||
5) N26°00'29"W, a distance of 171.59 feet to a calculated | ||||
point for an angle point hereof, | ||||
6) N54°28'17"W, a distance of 188.91 feet to a calculated | ||||
point for an angle point hereof, | ||||
7) N64°34'23"W, a distance of 73.26 feet to a calculated | ||||
point for an angle point hereof, | ||||
8) S70°35'47"W, a distance of 116.88 feet to a calculated | ||||
point for an angle point hereof, | ||||
9) N85°17'49"W, a distance of 101.63 feet to a calculated | ||||
point for an angle point hereof, | ||||
10) N64°04'31"W, a distance of 40.75 feet to a calculated | ||||
point for an angle point hereof, | ||||
11) N23°03'16"W, a distance of 40.58 feet to a calculated | ||||
point for an angle point hereof, | ||||
12) N23°06'23"E, a distance of 108.63 feet to a calculated | ||||
point for an angle point hereof, | ||||
13) N38°35'17"W, a distance of 36.64 feet to a calculated | ||||
point for an angle point hereof, | ||||
14) N82°04'13"W, a distance of 84.65 feet to a calculated | ||||
point for an angle point hereof, | ||||
15) N67°25'14"W, a distance of 33.59 feet to a calculated | ||||
point for an angle point hereof, | ||||
16) N28°42'54"W, a distance of 32.70 feet to a calculated | ||||
point for an angle point hereof, | ||||
17) N66°18'33"W, a distance of 60.73 feet to a calculated | ||||
point for an angle point hereof, | ||||
18) S58°21'10"W, a distance of 86.21 feet to a calculated | ||||
point for an angle point hereof, | ||||
19) S46°19'59"W, a distance of 131.18 feet to a calculated | ||||
point for an angle point hereof, | ||||
20) S57°26'06"W, a distance of 63.53 feet to a calculated | ||||
point for an angle point hereof, | ||||
21) N80°03`30"W, a distance of 169.03 feet to a calculated | ||||
point for an angle point hereof, | ||||
22) N51°26'55"W, a distance of 123.90 feet to a calculated | ||||
point for an angle point hereof, | ||||
23) N35°13'10"W, a distance of 149.36 feet to a calculated | ||||
point for an angle point hereof, | ||||
24) N18°38'44"W, a distance of 183.61 feet to a calculated | ||||
point for an angle point hereof, | ||||
25) N32°05'59"W, a distance of 222.61 feet to a calculated | ||||
point for an angle point hereof, said point being in the east | ||||
right-of-way line of said Railroad, and being in the west line of | ||||
said Lot 2, from which a 1/2-inch iron rod with "Ward-5811" cap set | ||||
in the common line of said Lot 2 and said Railroad, for the | ||||
northwest corner of a called 0.548 acre right-of-way dedication | ||||
conveyed in Document No. 2014003534 (O.P.R.W.C.T.), bears | ||||
S21°06'14"E, a distance of 930.19 feet; | ||||
THENCE, with the east right-of-way line of said Railroad and the | ||||
west line of said Lot 2, N21°06'14"W, a distance of 779.40 feet to | ||||
the POINT OF BEGINNING, and containing 45.3395 Acres (1,974,990 | ||||
Square Feet) more or less. | ||||
SECTION 3. (a) Subtitle C, Title 4, Special District Local | ||||
Laws Code, is amended by adding Chapter 3992 to read as follows: | ||||
CHAPTER 3992. NEW WAVERLY MUNICIPAL MANAGEMENT DISTRICT NO. 1 | ||||
SUBCHAPTER A. GENERAL PROVISIONS | ||||
Sec. 3992.0101. DEFINITIONS. In this chapter: | ||||
(1) "Board" means the district's board of directors. | ||||
(2) "City" means the City of New Waverly, Texas. | ||||
(3) "Commission" means the Texas Commission on | ||||
Environmental Quality. | ||||
(4) "Director" means a board member. | ||||
(5) "District" means the New Waverly Municipal | ||||
Management District No. 1. | ||||
Sec. 3992.0102. 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. 3992.0103. 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 city and | ||||
other political subdivisions to contract with the district, the | ||||
legislature has established a program to accomplish the public | ||||
purposes set out in Section 52-a, Article III, Texas Constitution. | ||||
(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 city 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 city services provided in the | ||||
district. | ||||
Sec. 3992.0104. 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; | ||||
(3) develop or expand transportation and commerce; and | ||||
(4) provide quality residential housing. | ||||
(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; | ||||
(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. | ||||
(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. 3992.0105. DISTRICT TERRITORY. (a) The district is | ||||
composed of the territory described by Section 3(b) of the Act | ||||
enacting this chapter, as that territory may have been modified | ||||
under other law. | ||||
(b) The boundaries and field notes contained in Section 3(b) | ||||
of the Act enacting this chapter form a closure. A mistake in the | ||||
field notes or in copying the field notes in the legislative process | ||||
does not affect the district's: | ||||
(1) organization, existence, or validity; | ||||
(2) right to contract; | ||||
(3) authority to borrow money or issue bonds or other | ||||
obligations 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. 3992.0106. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||||
Chapter 375, Local Government Code, applies to the district. | ||||
Sec. 3992.0107. CONSTRUCTION OF CHAPTER. This chapter | ||||
shall be liberally construed in conformity with the findings and | ||||
purposes stated in this chapter. | ||||
Sec. 3992.0108. CONFLICTS OF LAW. This chapter prevails | ||||
over any provision of Chapter 375, Local Government Code, that is in | ||||
conflict or inconsistent with this chapter. | ||||
Sec. 3992.0109. CONSENT OF MUNICIPALITY REQUIRED. The | ||||
board may not hold an election to authorize the issuance of bonds | ||||
until the governing body of the city by ordinance or resolution | ||||
consents to the creation of the district and to the inclusion of | ||||
land in the district. The city's consent must be granted in the | ||||
manner provided by Section 54.016, Water Code, for including land | ||||
within the corporate limits or extraterritorial jurisdiction of a | ||||
city. | ||||
SUBCHAPTER B. BOARD OF DIRECTORS | ||||
Sec. 3992.0201. GOVERNING BODY; TERMS. (a) The district is | ||||
governed by a board of five directors who serve staggered terms of | ||||
four years, with two or three directors' terms expiring June 1 of | ||||
each even-numbered year. | ||||
(b) The governing body of the city, by a majority vote, | ||||
shall appoint one member of the board. | ||||
(c) The commission shall appoint four members of the board | ||||
in the manner provided by Section 3992.0202. | ||||
Sec. 3992.0202. APPOINTMENT BY COMMISSION. (a) Before the | ||||
term of a director appointed by the commission expires, the board | ||||
shall recommend to the commission a person to serve as a successor | ||||
director. The commission shall appoint as director the person | ||||
recommended by the board. | ||||
(b) A person recommended by the board under Subsection (a) | ||||
must be: | ||||
(1) at least 18 years of age; | ||||
(2) an owner of property in the district; | ||||
(3) an owner of stock, whether beneficial or | ||||
otherwise, of a corporate owner of property in the district; | ||||
(4) an owner of a beneficial interest in a trust that | ||||
owns property in the district; or | ||||
(5) an agent, employee, or tenant of a person | ||||
described by Subdivision (2), (3), or (4). | ||||
Sec. 3992.0203. VACANCY. (a) Except as provided by | ||||
Subsection (b), if a vacancy occurs on the board, the remaining | ||||
directors shall appoint a director for the remainder of the | ||||
unexpired term. | ||||
(b) If a vacancy occurs in the position of the board member | ||||
appointed by the city, the city shall appoint a director for the | ||||
remainder of the unexpired term. | ||||
Sec. 3992.0204. 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 $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. 3992.0205. INITIAL 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 according to the most recent certified tax appraisal rolls | ||||
for the county may submit a petition to the commission requesting | ||||
that the commission appoint as initial directors four persons named | ||||
in the petition. The commission shall appoint as initial directors | ||||
the persons named in the petition. | ||||
(b) The initial directors, including the initial | ||||
city-appointed director, shall determine by lot which three | ||||
positions expire June 1, 2024, and which two positions expire June | ||||
1, 2022. | ||||
(c) This section expires September 1, 2025. | ||||
SUBCHAPTER C. POWERS AND DUTIES | ||||
Sec. 3992.0301. GENERAL POWERS AND DUTIES. The district | ||||
has the powers and duties necessary to accomplish the purposes for | ||||
which the district is created. | ||||
Sec. 3992.0302. 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 for the purpose, 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. 3992.0303. LOCATION OF IMPROVEMENT PROJECT. A | ||||
district improvement project may be located inside or outside of | ||||
the district. | ||||
Sec. 3992.0304. NO EMINENT DOMAIN. The district may not | ||||
exercise the power of eminent domain. | ||||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||||
Sec. 3992.0401. 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. 3992.0402. MONEY USED FOR IMPROVEMENTS OR SERVICES. | ||||
The district may acquire, construct, or finance an improvement | ||||
project or service authorized by this chapter or Chapter 375, Local | ||||
Government Code, using any money available to the district for that | ||||
purpose. | ||||
SUBCHAPTER E. TAXES AND BONDS | ||||
Sec. 3992.0501. OPERATION AND MAINTENANCE TAX. The | ||||
district may impose an operation and maintenance tax on taxable | ||||
property in the district for any district purpose in the manner | ||||
provided by Section 49.107, Water Code, if authorized by a majority | ||||
of the district voters voting at an election held in accordance with | ||||
the Water Code, the Election Code, and any other applicable law, | ||||
including for: | ||||
(1) maintaining and operating the district; | ||||
(2) constructing or acquiring improvements; or | ||||
(3) providing a service. | ||||
Sec. 3992.0502. 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 impose a continuing direct annual | ||||
ad valorem tax for each year that all or part of the bonds are | ||||
outstanding; and | ||||
(2) the board 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; and | ||||
(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. | ||||
(b) The New Waverly Municipal Management District No. 1 | ||||
initially includes all the territory contained in the following | ||||
area: | ||||
Tract 1 - 101.605 Acres: | ||||
FIELDNOTES TO 101.605 ACRES OF LAND AS SITUATED IN THE CITY OF | ||||
NEW WAVERLY, IN THE C. A. SLEIGHT SURVEY, A-496, WALKER COUNTY, | ||||
TEXAS, AND BEING OUT OF THAT CERTAIN CALLED 132.629 ACRE TRACT | ||||
CONVEYED BY JOE T. HODDE, TRUSTEE, TO HMH-WALKER 140 LIMITED BY DEED | ||||
RECORDED IN VOLUME 255, PAGE 1 OF THE DEED RECORDS OF SAID COUNTY. | ||||
SAID 101.605 ACRES BEING MORE PARTICULARY DESCRIBED BY METES AND | ||||
BOUNDS AS FOLLOWS: | ||||
BEGINNING at a 1/2 inch iron rod set for the north corner of this and | ||||
of said 132.629 acres on the southwest right-of-way of State | ||||
Highway 150, same being the east corner of the Emma Reese 1.0 acre | ||||
tract described in Volume 265, Page 625 of said deed records; | ||||
THENCE: S 59° 58' E 647.74 Ft., with said southwest right-of-way, to | ||||
a 1/2 inch iron rod set for an exterior corner of this tract, same | ||||
being the north corner of proposed New Waverly Ridge II Commercial | ||||
Lot 4; | ||||
THENCE: S 30° 02' W 600.00 Ft., on a line within said 132.629 acres | ||||
and with the northwest line said Lot 4 to its west corner, a 1/2 inch | ||||
iron rod set for an interior corner of this tract; | ||||
THENCE: S 59° 58' E 300.00 Ft., continuing within said 132.629 acres | ||||
and with the southwest line of said Lot 4 to its south corner, a 1/2 | ||||
inch iron rod set for an interior corner of this tract; | ||||
THENCE: N 30° 02' E 600,00 Ft., continuing within said 132.629 acres | ||||
and with the southeast line of said Lot 4 to its east corner, a 1/2 | ||||
inch iron rod set for an exterior corner of this tract on the | ||||
northeast line of said 132.629 acres, same being on the southwest | ||||
right-of-way of said State Highway 150; | ||||
THENCE: S 59° 58' E 669.60 Ft., with said southwest right-of-way and | ||||
132.629 acre northeast line, to a 1/2 inch iron rod set for an | ||||
exterior corner of this tract, same being the north corner of | ||||
proposed New Waverly Ridge II Commercial Lot 1; | ||||
THENCE: S 30° 02' W 600.00 Ft., on a line within said 132.629 acres | ||||
and with the northwest line of said Lot 1 to its west corner, a 1/2 | ||||
inch iron rod set for an interior corner of this tract; | ||||
THENCE: S 59° 58' E 836.94 Ft., continuing within said 132.629 acres | ||||
and with the southwest lines of said Lot 1, of New Waverly Ridge | ||||
Commercial Lot 2 as shown on plat recorded in Volume 3, Page 130 of | ||||
the plat records of said county and of New Waverly Ridge Commercial | ||||
Lot 3, as shown on plat recorded in Volume 3, Page 154 of said plat | ||||
records to a 1/2 inch iron rod set for an interior corner of this | ||||
tract, same being the south corner of said New Waverly Ridge Lot.3; | ||||
THENCE: N 30° 02' E 591.12 Ft., continuing on said 132.629 acres and | ||||
with the southeast lines of said New Waverly Ridge Lot 3 to its east | ||||
corner, a 1/2 inch iron rod set for an exterior corner of this tract | ||||
on the southwest right-of-way of said State Highway 150, same being | ||||
on the northeast line of said 132.629 acres; | ||||
THENCE: S 58° 03° E 80.04 Ft., with said southwest right-of-way and | ||||
being 132.629 acre northeast line, to a 1/2 inch iron rod set for | ||||
the upper east corner of this tract, same being the north corner of | ||||
the proposed New Waverly Ridge Commercial Lot 4; | ||||
THENCE: N 30° 02' W 588.44 Ft., on a line within said 132.629 acres | ||||
and with the northwest line of said New Waverly Ridge Lot 4 to its | ||||
west corner, a 1/2 inch iron rod set for an interior corner of this | ||||
tract; | ||||
THENCE: S 59° 58' E 286.28 Ft., continuing within said 132.629 acres | ||||
and with the southwest line of said Lot 4 to its south corner, a 1/2 | ||||
inch iron rod set for the east corner of this tract on the northwest | ||||
line of New Waverly Ridge Commercial Lot 1 as shown on plat recorded | ||||
in Vole 3, Page 130 of said plat records; | ||||
THENCE: S 16° 03' W 516.29 Ft., continuing within said 132.629 acres | ||||
and with said Lot 1 northwest line to its west corner, a 1/2 inch | ||||
iron rod set for the lower east corner of this tract on the | ||||
southeast line of said 132.629 acres, same being on the northwest | ||||
right-a-way of Longstreet Road; | ||||
THENCE: With said 132.629 acre southeast line and Longstreet Road | ||||
northwest right-of-way as follows: | ||||
|
||||
|
||||
to a 1/2 inch iron rod set for an exterior corner of this tract, same | ||||
being the east corner of the Southwestern Bell Telephone Company | ||||
0.057 acre tract described in Volume 423, Page 556 of said deed | ||||
records; | ||||
THENCE: N 10° 43' W 50.00 Ft., on a line within said 132.629 acres | ||||
and with the northeast line of said 0.057 acre to its north corner, | ||||
a 1/2 inch iron rod set for an interior corner of this tract; | ||||
THENCE: S 75° 05' W 50.00 Ft., continuing within said 132.629 acres | ||||
and with the northwest line of said 0.057 acre to its west corner, a | ||||
1/2 inch iron rod set for an interior corner of this tract; | ||||
THENCE: S 10° 43' E 50.00 Ft., continuing within said 132.629 acres | ||||
and with the southwest line of said 0.057 acre to its south corner, | ||||
a concrete monument found for exterior corner of this tract on the | ||||
southeast line of said 132.629 acres, same being on the northwest | ||||
right-of-way of said Longstreet Road; | ||||
THENCE: S 74° 19' W 472.13 Ft. and S 68° 33' W 147.67 Ft., with said | ||||
132.629 acre southeast line and Longstreet Road northwest | ||||
right-of-way, to a 3 inch iron pipe found for the south corner of | ||||
this and of said 132.629 acres, same being the east corner of the | ||||
Western Grove Missionary Baptist Church tract which no deed of | ||||
record was located; | ||||
THENCE: N 24° 49' W 170.48 Ft, with the northeast line of said church | ||||
tract to its north corner, a 1/2 inch iron rod set for an interior | ||||
corner of this tract; | ||||
THENCE: S 53° 09' W 157.03 Ft., with the northwest line of said | ||||
church tract to its west corner, a 1/2 inch iron rod set for an | ||||
exterior corner of this tract on the northeast line of Fritz Kelly | ||||
2.0 acre tract described in Volume 123, Page 716 of said deed | ||||
records; | ||||
THENCE: N 60° 07' W 1003.34 Ft., with the southwest line of said | ||||
132.629 acres and the northeast lines of said 2.0 acres, of the | ||||
Jimmie Cain Jr. 5.89 acre tract described in Volume 252, Page 75 of | ||||
the official records of said county, of the Jourdon Sanders 1.0 acre | ||||
tract described in Volume 395, Page 899 of said deed records and of | ||||
the Mildred Harris 1.07 acre tract described in Volume 227, Page 285 | ||||
of said deed records, to a 1 inch iron pipe found for an exterior | ||||
corner of this tract, same being the south corner of the City of New | ||||
Waverly 2.8708 acre tract described in Volume 425, Page 874 of said | ||||
deed records; | ||||
THENCE: N 29° 55' E 304.96 Ft., with the southeast line of said | ||||
2.8708 acres to its east corner, a 1 inch iron pipe found for an | ||||
interior corner of this tract; | ||||
THENCE: N 60° 07' W 409.90 Ft., with the northeast line of said | ||||
2.8708 acres to its north comer, a 1 inch iron pipe found for an | ||||
interior corner of this tract; | ||||
THENCE: S 29° 51' W 304.96 Ft., with the northwest line of said | ||||
2.8708 acres to its west corner, a 1 inch iron pipe found for an | ||||
exterior corner of this tract on the southwest line of said 132.629 | ||||
acres, same being on the northeast line of the Roy Clark 2.44 acre | ||||
tract described in Volume 311, Page 569 of said deed records; | ||||
THENCE: N 60° 07' W 389.41 Ft., with said 132.629 acre southwest line | ||||
and the northeast lines of said 2.44 acres and of the Patricia L. | ||||
Crowley 0.771 acre described as Tract One in Volume 248, Page 497 of | ||||
said official records, to a 1/2 inch iron rod set for an exterior | ||||
corner of this and of said 132.629 acres on the northeast | ||||
right-of-way of Interstate Highway 45, same being the north corner | ||||
of said 0.771 acre; | ||||
THENCE: N 11° 12' W 46.73 Ft., with said northeast right-of-way, to a | ||||
1/2 inch iron pipe found for the west corner of this and of said | ||||
132.629 acres, same being the south corner of the Patricia L. | ||||
Crowley 2.559 acres described as Tract Two in Volume 248, Page 497 | ||||
of said official records; | ||||
THENCE: N 30° 27' E 507.40 Ft., with the southeast line of said 2.559 | ||||
acres to its east corner, a 1/2 inch iron rod found for an interior | ||||
corner of this and of said 132.629 acres, same being the south | ||||
corner of the Artie L. Moses, et. al., residue of a 15 acre tract | ||||
described in Volume 272, Page 667 of said official records; | ||||
THENCE: N 29° 57' E 542.03 Ft., with the southeast line of said | ||||
residue of 15 acres to its east corner, a 5/8 inch iron rod found for | ||||
an interior corner of this and of said 132.629 acres, same being the | ||||
south corner of the Ned Jourdan 3.842 acre tract described in Volume | ||||
390, Page 640 of said deed records; | ||||
THENCE: N 29° 47' E 960.15 Ft., with the southeast lines of said | ||||
3.842 acres, of the Frances Gi1laspie 1.50 acre tract described in | ||||
Volume 162, Page 85 of said deed records and of said Reese 1.0 acre, | ||||
to the PLACE OF BEGINNING AND CONTAINING WITHIN THESE BOUNDS | ||||
101.605 ACRES OF LAND. | ||||
TRACT 2: | ||||
Being 1.07 acres of land, situated in the C.A. SLEIGHT Survey, | ||||
Abstract No. 496, Walker County, Texas, and being out of and a part | ||||
of the residue of a called 15.00 acre tract of land described in a | ||||
Deed Deed from Isom Mickle, et ux. to Lucretia Moses dated 17 Nov. | ||||
1925 and recorded in Volume 56, Page 147, Deed Records, Walker | ||||
County, Texas, said 1.07 acres being more definitely described by | ||||
metes and bounds as follows: | ||||
BEGINNING at the most westerly corner of the said 15 acre tract, | ||||
same being a northern corner of a called 523.55 acre tract described | ||||
in a Deed from John Henry Hall et al to Judy C. Campbell recorded in | ||||
Volume 0861, Page 140, Official Records and being a point in the | ||||
southeastern line of a called 3.76 acre tract described in a Deed | ||||
from Joan Lee, Trustee to Ralph A. Cadwallader, recorded in Volume | ||||
0787, Page 501, Official Records, Walker County, Texas, found a 3" | ||||
iron pipe (set a 5/8" iron rod w/cap in center of pipe) for corner; | ||||
THENCE S 59°36'04" E along the common boundary line of said 523.55 | ||||
acre Campbell tract and the said 15 acre Moses tract, a distance of | ||||
286.28 feet to a 5/8" iron rod set in the west right-of-way line of | ||||
Interstate 45, said iron rod being the most southern corner of the | ||||
herein described 1.07 acre and the southwest corner of a called 7.43 | ||||
acre tract described in a Deed from Lucretia Moses to the State | ||||
Highway Commission, dated 5 Aug. 1958 and recorded in Volume 161, | ||||
Page 111, Deed Records, Walker County, Texas; | ||||
THENCE N 11°07'21" W along the said west right-of-way line of | ||||
Interstate 45, a distance of 435.60 feet to the most northern corner | ||||
of the herein described 1.07 acre tract, same being a southeast | ||||
corner of the said 3.76 acre Cadwallader tract, set a 5/8" iron rod | ||||
w/cap, from which a 1/2" iron rod bears S 29°57'48" W a distance of | ||||
1.62 feet, and a 5/8" iron rod w/cap brs. N 11°46'38" W a distance of | ||||
79.19 feet; | ||||
THENCE S 29°57'48" W along the common boundary line of the said 3.76 | ||||
acre Cadwallader tract and the said 15 acre Moses tract, a distance | ||||
of 326.15 feet to the POINT OF BEGINNING. | ||||
Containing 1.07 acres of land. | ||||
TRACT 3: | ||||
Being 6.56 acres of land, situated in the C.A. SLEIGHT Survey, | ||||
Abstract No. 496, Walker County, Texas, and being out of and a part | ||||
of the residue of a called 15.00 acre tract of land described in a | ||||
Deed from Isom Mickle, et ux. to Lucretia Moses dated 17 Nov. 1925 | ||||
and recorded in Volume 56, Page 147, Deed Records, Walker County, | ||||
Texas, said 6.56 acres being more definitely described by metes and | ||||
bounds as follows: | ||||
BEGINNING at the most southern corner of the said 15 acre tract, | ||||
same being the most eastern corner of a called 2.559 acre tract | ||||
described as Tract 2 in a deed dated 29 March 1995 from Martin J. | ||||
Ross III, et al to Patricia L. Crowley, recorded in Volume 0248, | ||||
Page 497, Official Records, and a point in the west line of a called | ||||
101.65 acre tract described in a Deed dated 26 April 2006 from | ||||
HMH-Walker 140 Limited to Thornberry Family Partnership, recorded | ||||
in Volume 0745, Page 678, Official Records, found a 1/2" iron rod | ||||
for corner; | ||||
THENCE N 30°01'04" W along an old barbed wire fence and with the | ||||
common line of said 101.65 acre Thornberry and the 15 acre Moses | ||||
tracts, a distance of 398.88 feet to a 5/8" iron rod set for the most | ||||
easterly corner of the said Moses tract, said iron rod also being | ||||
the south corner of called 1 acre tract described in a deed to Emma | ||||
Reece and recorded in Volume 273, Page 702, Deed Records and from | ||||
which a iron stake found (disturbed) brs S 60°38'04" E distance of | ||||
1.89 feet and a found 5/8" iron rod w/cap brs. N 30°01'04"E a | ||||
distance of 143.36 feet; | ||||
THENCE N 60°38'04 W along the common line of said 1 acre Reece and 15 | ||||
acre Moses tracts, at a calculated distance of 285 feet pass the | ||||
southwest corner of said 1 acre Reece tract, same being the | ||||
southeast corner of a called 1 acre tract described in a deed to | ||||
Carolyn Anderson and recorded in Volume 389, Page 642, Deed | ||||
Records, and continuing on a total distance of 570 feet to a found | ||||
3/8"x2" flat iron stake (set a 5/8" iron rod w/cap beside) for a | ||||
reentrant corner of the said 15 acre Moses tract and the most | ||||
westerly corner of said 1 acre Anderson tract; | ||||
THENCE N 29°21'56" E with the common boundary line of the 1 acre | ||||
Anderson tract and the 15 acre Moses tract, a distance of 142.33 to | ||||
a 5/8" iron rod set for corner, said iron rod being the northwest | ||||
corner of said 1 acre Anderson tract and a point in the south line of | ||||
a 2 acre tract described in a deed to Lula Rogers, et al, and | ||||
recorded in Volume 83, Page 596, Deed Records, Walker County, | ||||
Texas; | ||||
THENCE N 60°44'12" W along common line of said 2 acre Rogers and 15 | ||||
acre Moses tracts, at a distance of 97.32 feet pass a found 5"x 3.5" | ||||
wagon axle housing for the west corner of said 2 acre Rogers tract | ||||
and the south corner of the residue a called 7 acre tract described | ||||
in a deed to Harrison Hector and recorded in Volume 83, Page 595, | ||||
Deed Records, and continuing on for a total distance of 338.96 to a | ||||
set 5/8" iron rod for the most north corner of the herein described | ||||
tract, said iron rod being in the east right-of-way of said | ||||
Interstate 45 and being the southern corner of a called 2.67 acre | ||||
tract described in a deed to the State Highway Commission and | ||||
recorded in Volume 161, Page 161, Deed Records, Walker County, | ||||
Texas; | ||||
THENCE S 11°09'E with the said east right-of-way line of Interstate | ||||
45 a distance of 716.09 feet to a point for corner, said point being | ||||
in the southwest line of the said 15 acre tract and being the most | ||||
northern corner of the said Crowley 2.559 acre tract and from which | ||||
the center of a 3" galvanized fence post brs S 63°43'36"E a distance | ||||
of 0.42 feet, a 1/2" iron pipe (disturbed) brs S58°20'05"W a | ||||
distance of 1.06 feet and a 5/8" iron rod with cap (set for | ||||
reference) brs N 72° W a distance of 0.21 feet; | ||||
THENCE S 61°07'56" W with the common line of said 2.559 acre P. | ||||
Crowley and 15 acre Moses tracts, a distance of 439.22 feet to the | ||||
PLACE OF' BEGINNING. | ||||
Containing 6.56 acres of land. | ||||
Tract 4 - 4.846 ACRES: | ||||
A tract or parcel of land containing 4.846 acres (211,071 square | ||||
feet) out of the C.A. Sleight 1/3 League, Abstract No. 496, Walker | ||||
County, Texas, being all of the called 3.842 acre tract and all of | ||||
the called 1.000 acre tract conveyed to Ned Jordan, Jr., as recorded | ||||
in Volume 390, Page 640 of the Walker County Deed Records | ||||
(W.C.D.R.), said 4.846 acres being more particularly described by | ||||
metes and bounds as follows: (The basis of bearing for this | ||||
description is the monumented north line of the subject tract | ||||
called SOUTH 61 degrees 05 minutes 45 seconds EAST, as recorded in | ||||
said Volume 390, Page 640) | ||||
BEGINNING at a 1/2-inch iron rod found at the northwest corner of | ||||
said 1.000 acre tract and the northwest corner of the herein | ||||
described tract, being the northeast corner of the 2 acre tract | ||||
conveyed to Edward Crawford, as recorded in Volume 83, Page 596 of | ||||
the W.C.D.R., and the southwest corner of the 1.50 acre tract | ||||
conveyed to Frances Gillaspie, as recorded in Volume 162, Page 85 of | ||||
the W.C.D.R., lying at the terminus of Colony Road; | ||||
THENCE SOUTH 61 degrees 05 minutes 45 seconds EAST along the south | ||||
line of said 1.50 acre tract, at 264.05 feet passing a 5/8-inch iron | ||||
rod found at the northeast corner of said 1.000 acre tract and | ||||
continuing for a total distance of 473.50 feet to a 5/8-inch iron | ||||
rod found at the northeast corner of the herein described tract; | ||||
THENCE SOUTH 29 degrees 32 minutes 14 seconds WEST, 444.11 feet | ||||
(called S 29 Deg. 37'03" W, 444.12') along the west line of the | ||||
101.605 acre tract conveyed to the Thornberry Family Partnership, | ||||
Ltd., as recorded in Volume 776, Page 655 of the Official Public | ||||
Records of Walker County (O.P.R.W.C.), to a 5/8-inch iron rod found | ||||
at the southeast corner of the herein described tract; | ||||
THENCE NORTH 61 degrees 05 minutes 45 seconds WEST, 477.09 feet | ||||
(called 476.47') along the north lines of a 1 acre tract, described | ||||
as a save & except tract to Emma Reese and another 1 acre tract | ||||
conveyed to Carolyn Anderson, as recorded in Volume 389, Page 642 of | ||||
the W.C.D.R., to a 5/8-inch iron rod found at the southwest corner | ||||
of the herein described tract; | ||||
THENCE NORTH 30 degrees 00 minutes 00 seconds EAST along the east | ||||
line of said 2 acre Crawford tract, at 279.16 feet passing the | ||||
southwest corner of said 1.000 acre Jordan tract, and continuing | ||||
for a total distance of 444.17 feet to the POINT OF BEGINNING of the | ||||
herein described tract, containing 4.846 acres (211,071 square | ||||
feet) of land. Drawing No. B-502 was prepared to accompany this | ||||
description, and is on file in the office of C&R Surveying, Inc. | ||||
Tract 5: | ||||
Field Notes to 3.285 acres of land situated in the City of New | ||||
Waverly, in the C.A. Sleight Survey, A-496, Walker County, Texas, | ||||
and being out of the 124.818 acres residue of that certain called | ||||
132.629 acres tract conveyed by Joe. T. Hode, Trustee, to HMW-I40 | ||||
Walker Limited by deed recorded in volume 253, page 1 of the deed | ||||
records of said Walker County, Texas, said 3.285 acres being more | ||||
particularly described by metes and bounds as follows; | ||||
BEGINNING at a 5/8 inch iron rod found for the northeast corner of | ||||
this and of said 124.818 acre residue tract, same being the | ||||
northwest corner of the Earl Biscamp 3.00 acre tract described in | ||||
Volume 338, Page 735 of the official records of said County and | ||||
being on the south right of way of State Highway 150; | ||||
THENCE: S 26°58' W 429.09 ft., with the west line of said 3.00 acres | ||||
to its southwest corner, a 5/8 inch iron rod found for an interior | ||||
corner of this tract, same being the northwest corner of commercial | ||||
lot 1 of New Waverly Ridge Subdivision as shown on plat recorded in | ||||
Volume 3, Page 130 of the plat records of said County; | ||||
THENCE: S 16°03' W 157.08 ft., with the west line of said Lot 1, to a | ||||
1/2 inch iron rod set for the southeast corner of this tract; | ||||
THENCE: N 59°58' W 286.28 ft., on a line within said 132.629 acres, | ||||
to a 1/2 inch iron rod set for the southwest corner of this tract; | ||||
THENCE: N 30°02' W 588.44 ft., continuing within said 132.629 acres, | ||||
to a 1/2 inch iron rod set for the northwest corner of this tract on | ||||
the south right of way of State Highway 150, same being the north | ||||
line of said 132.629 acres; | ||||
THENCE: S 58°03' E 225.49 ft., with said north line and south right | ||||
of way, to the place of beginning and containing within these bounds | ||||
3.285 acres of land. | ||||
SECTION 4. (a) The legal notice of the intention to file | ||||
bills creating each district described by 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 a copy of a bill to create each 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 each 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 each | ||||
district described by this Act are fulfilled and accomplished. | ||||
SECTION 5. This Act takes effect January 1, 2022. | ||||
______________________________ | ______________________________ | |||
President of the Senate | Speaker of the House | |||
I certify that H.B. No. 4638 was passed by the House on May | ||||
14, 2021, by the following vote: Yeas 105, Nays 40, 2 present, not | ||||
voting; and that the House concurred in Senate amendments to H.B. | ||||
No. 4638 on May 28, 2021, by the following vote: Yeas 89, Nays 54, | ||||
1 present, not voting. | ||||
______________________________ | ||||
Chief Clerk of the House | ||||
I certify that H.B. No. 4638 was passed by the Senate, with | ||||
amendments, on May 26, 2021, by the following vote: Yeas 31, Nays | ||||
0. | ||||
______________________________ | ||||
Secretary of the Senate | ||||
APPROVED: __________________ | ||||
Date | ||||
__________________ | ||||
Governor |