Bill Text: TX HB4680 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of the Gateway Park Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-07 - Effective immediately [HB4680 Detail]
Download: Texas-2019-HB4680-Enrolled.html
H.B. No. 4680 |
relating to the creation of the Gateway Park Municipal Management | ||
District; providing authority to issue bonds; providing authority | ||
to impose assessments, fees, and taxes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 4, Special District Local Laws | ||
Code, is amended by adding Chapter 3985 to read as follows: | ||
CHAPTER 3985. GATEWAY PARK MUNICIPAL MANAGEMENT DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3985.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of El Campo. | ||
(3) "Development agreement" means a development | ||
agreement between the city and the primary landowner that | ||
establishes the standards that apply to development in the | ||
district, in addition to those contained in zoning, subdivision, | ||
and other applicable ordinances of the city. | ||
(4) "Director" means a board member. | ||
(5) "District" means the Gateway Park Municipal | ||
Management District. | ||
(6) "Rail facilities" includes all real and personal | ||
property owned or held by the district for railroad purposes, | ||
including land, interests in land, structures, easements, rail | ||
lines, stations, platforms, rolling stock, garages, equipment, and | ||
other facilities necessary or convenient for the operation of those | ||
facilities. | ||
Sec. 3985.0102. NATURE OF DISTRICT. The Gateway Park | ||
Municipal Management District is a special district created under | ||
Section 59, Article XVI, Texas Constitution. | ||
Sec. 3985.0103. PURPOSE; DECLARATION OF INTENT. (a) The | ||
creation of the district is essential to accomplish the purposes of | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution, and other public purposes stated in this | ||
chapter. | ||
(b) By creating the district and in authorizing the city and | ||
other political subdivisions to contract with the district, the | ||
legislature has established a program to accomplish the public | ||
purposes set out in Section 52-a, Article III, Texas Constitution. | ||
(c) The creation of the district is necessary to promote, | ||
develop, encourage, and maintain employment, commerce, | ||
transportation, housing, tourism, recreation, the arts, | ||
entertainment, economic development, safety, and the public | ||
welfare in the district. | ||
(d) This chapter and the creation of the district may not be | ||
interpreted to relieve 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. 3985.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. | ||
(a) All land and other property included in the district will | ||
benefit from the improvements and services to be provided by the | ||
district under powers conferred by Sections 52 and 52-a, Article | ||
III, and Section 59, Article XVI, Texas Constitution, and other | ||
powers granted under this chapter. | ||
(b) The district is created to serve a public use and | ||
benefit. | ||
(c) The creation of the district is in the public interest | ||
and is essential to further the public purposes of: | ||
(1) developing and diversifying the economy of the | ||
state; | ||
(2) eliminating unemployment and underemployment; and | ||
(3) developing or expanding transportation and | ||
commerce. | ||
(d) The district will: | ||
(1) promote the health, safety, and general welfare of | ||
residents, employers, potential employees, employees, visitors, | ||
and consumers in the district, and of the public; | ||
(2) provide needed funding for the district to | ||
preserve, maintain, and enhance the economic health and vitality of | ||
the district territory as a community and business center; | ||
(3) promote the health, safety, welfare, and enjoyment | ||
of the public by providing pedestrian ways and by landscaping and | ||
developing certain areas in the district, which are necessary for | ||
the restoration, preservation, and enhancement of scenic beauty; | ||
and | ||
(4) provide for water, wastewater, drainage, road, | ||
rail, and recreational facilities for the district. | ||
(e) Pedestrian ways along or across a street, whether at | ||
grade or above or below the surface, and street lighting, street | ||
landscaping, parking, and street art objects are parts of and | ||
necessary components of a street and are considered to be a street | ||
or road improvement. | ||
(f) The district will not act as the agent or | ||
instrumentality of any private interest even though the district | ||
will benefit many private interests as well as the public. | ||
Sec. 3985.0105. 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. 3985.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | ||
All or any part of the area of the district is eligible to be | ||
included in: | ||
(1) a tax increment reinvestment zone created under | ||
Chapter 311, Tax Code; or | ||
(2) a tax abatement reinvestment zone created under | ||
Chapter 312, Tax Code. | ||
Sec. 3985.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
Chapter 375, Local Government Code, applies to the district. | ||
Sec. 3985.0108. CONSTRUCTION OF CHAPTER. This chapter | ||
shall be liberally construed in conformity with the findings and | ||
purposes stated in this chapter. | ||
Sec. 3985.0109. MUNICIPAL CONSENT OR AGREEMENT. (a) The | ||
district shall comply with all applicable requirements of a | ||
municipal ordinance or resolution that consents to the creation of | ||
the district or to the inclusion of land in the district. | ||
(b) An agreement between the district and a municipality | ||
related to municipal consent to the creation of the district, | ||
including a development agreement, is valid and enforceable. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3985.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five directors who serve staggered four-year | ||
terms. | ||
(b) Three directors must be elected in the manner provided | ||
by Subchapter D, Chapter 49, Water Code. | ||
(c) Two directors must be appointed by the governing body of | ||
the city. | ||
Sec. 3985.0202. QUALIFICATIONS. (a) To be qualified to | ||
serve as a director, a person must be at least 18 years old. | ||
(b) Of the elected directors: | ||
(1) two directors must be qualified under Section | ||
375.063, Local Government Code; and | ||
(2) one director must be a resident of the city. | ||
(c) The directors appointed by the governing body of the | ||
city must be residents of the city. | ||
Sec. 3985.0203. VACANCY. If a vacancy occurs on the board, | ||
the remaining directors shall appoint a director for the remainder | ||
of the unexpired term. | ||
Sec. 3985.0204. COMPENSATION; EXPENSES. (a) The district | ||
may compensate each elected director in an amount not to exceed $150 | ||
for each board meeting. The total amount of compensation for each | ||
director in one year may not exceed $7,200. | ||
(b) An appointed director is not entitled to compensation | ||
for service on the board. | ||
(c) An elected or appointed director is entitled to | ||
reimbursement for necessary and reasonable expenses incurred in | ||
carrying out the duties and responsibilities of the board. | ||
Sec. 3985.0205. 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, together with the city, may submit a petition to the Texas | ||
Commission on Environmental Quality requesting that the commission | ||
appoint as initial directors five persons named in the petition. | ||
The commission shall appoint as initial directors the persons named | ||
in the petition. | ||
(b) Initial directors serve until the earlier of: | ||
(1) for each director serving in a position for which | ||
the directors are elected, the date the permanent directors are | ||
elected under Section 3985.0201 or June 1, 2023; and | ||
(2) for each director serving in a position for which | ||
the directors are appointed under Section 3985.0201, June 1, 2023. | ||
(c) If the permanent elected directors have not been elected | ||
under Section 3985.0201 and the terms of those temporary directors | ||
have expired, the Texas Commission on Environmental Quality shall | ||
appoint or reappoint successor directors to serve terms that expire | ||
on the earlier of: | ||
(1) the date the permanent elected directors are | ||
elected under Section 3985.0201; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3985.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3985.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The | ||
district, using any money available to the district for the | ||
purpose, may provide, design, construct, acquire, improve, | ||
relocate, operate, maintain, or finance an improvement project or | ||
service authorized under this chapter or Chapter 372 or 375, Local | ||
Government Code. | ||
(b) The district may contract with a governmental or private | ||
entity to carry out an action under Subsection (a). | ||
(c) The implementation of a district project or service is a | ||
governmental function or service for the purposes of Chapter 791, | ||
Government Code. | ||
Sec. 3985.0303. NONPROFIT CORPORATION. (a) The board by | ||
resolution may authorize the creation of a nonprofit corporation to | ||
assist and act for the district in implementing a project or | ||
providing a service authorized by this chapter. | ||
(b) The nonprofit corporation: | ||
(1) has each power of and is considered to be a local | ||
government corporation created under Subchapter D, Chapter 431, | ||
Transportation Code; and | ||
(2) may implement any project and provide any service | ||
authorized by this chapter. | ||
(c) The board shall appoint the board of directors of the | ||
nonprofit corporation. The board of directors of the nonprofit | ||
corporation shall serve in the same manner as the board of directors | ||
of a local government corporation created under Subchapter D, | ||
Chapter 431, Transportation Code, except that a board member is not | ||
required to reside in the district. | ||
Sec. 3985.0304. LAW ENFORCEMENT SERVICES. To protect the | ||
public interest, the district may contract with a qualified party, | ||
including the city, to provide law enforcement services in the | ||
district for a fee. | ||
Sec. 3985.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. | ||
The district may join and pay dues to a charitable or nonprofit | ||
organization that performs a service or provides an activity | ||
consistent with the furtherance of a district purpose. | ||
Sec. 3985.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The | ||
district may engage in activities that accomplish the economic | ||
development purposes of the district. | ||
(b) The district may establish and provide for the | ||
administration of one or more programs to promote state or local | ||
economic development and to stimulate business and commercial | ||
activity in the district, including programs to: | ||
(1) make loans and grants of public money; and | ||
(2) provide district personnel and services. | ||
(c) The district may create economic development programs | ||
and exercise the economic development powers provided to | ||
municipalities by: | ||
(1) Chapter 380, Local Government Code; and | ||
(2) Subchapter A, Chapter 1509, Government Code. | ||
Sec. 3985.0307. 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. 3985.0308. ADDING OR EXCLUDING LAND. The district may | ||
add or exclude land in the manner provided by Subchapter J, Chapter | ||
49, Water Code, or by Subchapter H, Chapter 54, Water Code. | ||
Sec. 3985.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||
board by resolution shall establish the number of directors' | ||
signatures and the procedure required for a disbursement or | ||
transfer of district money. | ||
Sec. 3985.0310. RAIL FACILITIES. The district may | ||
construct, acquire, improve, maintain, finance, and operate rail | ||
facilities and improvements for freight, commuter, or other rail | ||
purposes. | ||
Sec. 3985.0311. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER D. ASSESSMENTS | ||
Sec. 3985.0401. PETITION REQUIRED FOR FINANCING SERVICES | ||
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a | ||
service or improvement project with assessments under this chapter | ||
unless a written petition requesting that service or improvement | ||
has been filed with the board. | ||
(b) A petition filed under Subsection (a) must be signed by | ||
the owners of a majority of the assessed value of real property in | ||
the district subject to assessment according to the most recent | ||
certified tax appraisal roll for the county. | ||
Sec. 3985.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | ||
The board by resolution may impose and collect an assessment for any | ||
purpose authorized by this chapter in all or any part of the | ||
district. | ||
(b) An assessment, a reassessment, or an assessment | ||
resulting from an addition to or correction of the assessment roll | ||
by the district, penalties and interest on an assessment or | ||
reassessment, an expense of collection, and reasonable attorney's | ||
fees incurred by the district: | ||
(1) are a first and prior lien against the property | ||
assessed; | ||
(2) are superior to any other lien or claim other than | ||
a lien or claim for county, school district, or municipal ad valorem | ||
taxes; and | ||
(3) are the personal liability of and a charge against | ||
the owners of the property even if the owners are not named in the | ||
assessment proceedings. | ||
(c) The lien is effective from the date of the board's | ||
resolution imposing the assessment until the date the assessment is | ||
paid. The board may enforce the lien in the same manner that the | ||
board may enforce an ad valorem tax lien against real property. | ||
(d) The board may make a correction to or deletion from the | ||
assessment roll that does not increase the amount of assessment of | ||
any parcel of land without providing notice and holding a hearing in | ||
the manner required for additional assessments. | ||
SUBCHAPTER E. TAXES AND BONDS | ||
Sec. 3985.0501. 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. 3985.0502. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized by a majority of the district voters voting at an | ||
election under Section 3985.0501, the district may impose an | ||
operation and maintenance tax on taxable property in the district | ||
in the manner provided by Section 49.107, Water Code, for any | ||
district purpose, including to: | ||
(1) maintain and operate the district; | ||
(2) construct or acquire improvements; or | ||
(3) provide a service. | ||
(b) The board shall determine the operation and maintenance | ||
tax rate. The rate may not exceed the rate approved at the | ||
election. | ||
Sec. 3985.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE | ||
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on | ||
terms determined by the board. | ||
(b) The district may issue bonds, notes, or other | ||
obligations payable wholly or partly from ad valorem taxes, | ||
assessments, impact fees, revenue, contract payments, grants, or | ||
other district money, or any combination of those sources of money, | ||
to pay for any authorized district purpose. | ||
Sec. 3985.0504. 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. 3985.0505. BONDS SECURED BY AD VALOREM TAXES; | ||
ELECTIONS. (a) If authorized at an election under Section | ||
3985.0501, 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. 3985.0506. BONDS AND OTHER OBLIGATIONS FOR IMPROVEMENT | ||
UNDER AGREEMENT. If the improvements financed by an obligation | ||
will be constructed or financed pursuant to the imposition of | ||
assessments: | ||
(1) the district must enter into an agreement with the | ||
city before the issuance of the obligation; and | ||
(2) the obligation may be in the form of bonds, notes, | ||
or other obligations, payable wholly or partly from assessments, | ||
issued by public or private sale, in the manner provided by | ||
Subchapter A, Chapter 372, Local Government Code. | ||
Sec. 3985.0507. CONSENT OF MUNICIPALITY AND AGREEMENT | ||
REQUIRED. (a) The board may not issue bonds until each | ||
municipality in whose corporate limits or extraterritorial | ||
jurisdiction the district is located has consented by ordinance or | ||
resolution to the creation of the district and to the inclusion of | ||
land in the district. | ||
(b) Subsection (a) applies only to the district's first | ||
issuance of bonds payable from ad valorem taxes. | ||
(c) The board may not impose taxes or assessments, borrow | ||
money, or issue obligations until the district and the city have | ||
entered into an agreement for the development of the property in the | ||
district and financing of improvement projects in the district. | ||
SUBCHAPTER I. DISSOLUTION | ||
Sec. 3985.0901. DISSOLUTION. (a) The board shall dissolve | ||
the district on written petition filed with the board by the owners | ||
of: | ||
(1) 66 percent or more of the assessed value of the | ||
property subject to assessment by the district based on the most | ||
recent certified county property tax rolls; or | ||
(2) 66 percent or more of the surface area of the | ||
district, excluding roads, streets, highways, utility | ||
rights-of-way, other public areas, and other property exempt from | ||
assessment by the district according to the most recent certified | ||
county property tax rolls. | ||
(b) The board by majority vote may dissolve the district at | ||
any time. | ||
(c) The district may not be dissolved by its board under | ||
Subsection (a) or (b) if the district: | ||
(1) has any outstanding debt until that debt has been | ||
repaid or defeased in accordance with the order or resolution | ||
authorizing the issuance of the debt; | ||
(2) has a contractual obligation to pay money until | ||
that obligation has been fully paid in accordance with the | ||
contract; or | ||
(3) owns, operates, or maintains public works, | ||
facilities, or improvements unless the district contracts with | ||
another person for the ownership and operation or maintenance of | ||
the public works, facilities, or improvements. | ||
(d) Sections 375.261, 375.262, and 375.264, Local | ||
Government Code, do not apply to the district. | ||
SECTION 2. The Gateway Park Municipal Management District | ||
initially includes all territory contained in the following area: | ||
Field Note Description of a 410.73 acre tract of land | ||
situated in the I. & G.N. R.R. Co. Survey No. 37, Abstract No. 222, | ||
the I. & G.N. R.R. Co. Survey No. 36, Abstract No. 223 and the H. & | ||
T.C. R.R. Co. (J. Telfener) Survey No. 2, Abstract No. 453 in | ||
Wharton County, Texas, being a part or portion of a called 540.95 | ||
acre tract of land conveyed to Joe A. Zalman, Jr., et al, in Volume | ||
225, Page 156 in Official Records of Wharton County, Texas. | ||
BEGINNING at a 5/8" Iron Rod called and found at the | ||
intersection of the centerline of County Road 421 (measures 64' | ||
wide), with the Southeast right-of-way of the Texas Mexican | ||
Railway, for the North corner of said 540.95 acre tract, and for the | ||
North corner of this herein described tract; | ||
THENCE: S 34°23'52" E - along and with the centerline of | ||
County Road 421, same being the Northeast line of said 540.95 acre | ||
tract, a distance of 4,479.67 feet to a 5/8" Iron Rod (bent) called | ||
and found for an angle point of said 540.95 acre tract, in the East | ||
line of Survey No. 37, same being the North corner of a called 4.00 | ||
acre tract of land conveyed to Joseph J. Kocurek in Volume 173, Page | ||
566 in Official Records of Wharton County, Texas, and for an angle | ||
point of this herein described tract; | ||
THENCE: S 02°32'31" E - along and with the upper East line of | ||
said 540.95 acre tract, the East line of Survey No. 37, same being | ||
the West line of said 4.00 acre tract, at 146.79 feet, pass a 4" Iron | ||
Pipe called and found for reference, continuing on course a total | ||
distance of 177.14 feet to a 5/8" Iron Rod called and found in the | ||
centerline of County Road 405 (measures 64' wide), for the | ||
Southeast corner of Survey No. 37, the Northeast corner of Survey | ||
No. 36, the Northeast corner of a called 80.020 acre tract of land | ||
conveyed to Joseph John Kocurek in Volume 396, Page 602 in Deed | ||
Records of Wharton County, Texas, same being the upper Southeast | ||
corner of said 540.95 acre tract, and for the upper Southeast corner | ||
of this herein described tract; | ||
THENCE: S 87°25'51" W - along and with the centerline of | ||
County Road 405, the North line of said 80.020 acre tract, same | ||
being the upper South line of said 540.95 acre tract, a distance of | ||
1,098.24 feet to a 5/8" Iron Rod called and found for an interior | ||
corner of said 540.95 acre tract, same being the Northwest corner of | ||
said 80.020 acre tract, and for an interior corner of this herein | ||
described tract, from which, a 5/8" Iron Rod bears: N 51°06'58" W - | ||
1.42 feet; | ||
THENCE: S 02°33'37" E - along and with the lower East line of | ||
said 540.95 acre tract, same being the West line of said 80.020 acre | ||
tract, at 3,140.72 feet, pass a 4" Iron Pipe called and found for | ||
reference, continuing on course a total distance of 3,172.25 feet | ||
to a 5/8" Iron Rod called and found in the centerline of County Road | ||
400 (measures 64' wide), in the South line of Survey No. 36, same | ||
being in the North line of a called 82.125 acre tract of land | ||
conveyed to Rebekkah Jean Jones, et al, in Volume 1007, Page 19 in | ||
Official Records of Wharton County, Texas, for the lower Southeast | ||
corner of said 540.95 acre tract, and for the lower Southeast corner | ||
of this herein described tract from which, a 5/8" Iron Rod bears: N | ||
44°18'47" W - 3.80 feet; | ||
THENCE: S 87°26'24" W - along and with the centerline of | ||
County Road 400, the North line of said 82.125 acre tract, same | ||
being the lower South line of said 540.95 acre tract, a distance of | ||
1,689.69 feet to a point at the centerline intersection of County | ||
Road 400 and County Road 407 (measures 64' wide), for an angle point | ||
of said 540.95 acre tract, and for an angle point of this herein | ||
described tract, from which, a 5/8" Iron Rod bears: N 02°19'43" E - | ||
3.85 feet; | ||
THENCE: S 87°26'36" W - along and with the centerline of | ||
County Road 400, same being the lower South line of said 540.95 acre | ||
tract, a distance of 507.08 feet to a point for the lower Southwest | ||
corner of said 540.95 acre tract, same being the Southeast corner of | ||
a called 78.821 acre tract of land conveyed to the Watz Family Trust | ||
in Volume 730, Page 17 in Official Records of Wharton County, Texas, | ||
and for the lower Southwest corner of this herein described tract; | ||
THENCE: N 02°35'11" W - along and with the West line of said | ||
540.95 acre tract, same being the East line of said 78.821 acre | ||
tract, at 10.17 feet, pass a 3/4" Iron Shaft called and found for | ||
reference, at 32.00 feet, pass a 5/8" Iron Rod set in the North line | ||
of County Road 400, continuing on course a total distance of | ||
3,174.10 feet to a 2" Iron Pipe (bent) called and found in the | ||
centerline of County Road 405, for an interior corner of said 540.95 | ||
acre tract, same being the Northeast corner of said 78.821 acre | ||
tract, and for an interior corner of this herein described tract; | ||
THENCE: S 87°25'24" W - along and with the centerline of | ||
County Road 405, the upper South line of said 540.95 acre tract, | ||
same being the North line of said 78.821 acre tract, a distance of | ||
444.85 feet to a point for the Southeast corner of a 113.44 acre | ||
tract of land surveyed by this firm January 14, 2019, and for the | ||
upper Southwest corner of this herein described tract; | ||
THENCE: N 02°32'31" W - along and with the East line of said | ||
113.44 acre tract, at 32.00 feet, pass a 5/8" Iron Rod set in the | ||
North margin of County Road 405, continuing a total distance of | ||
555.41 feet to a 5/8" Iron Rod set for an angle point of said 113.44 | ||
acre tract, and for an angle point of this herein described tract; | ||
THENCE: N 36°43'40" W - along and with the East line of said | ||
113.44 acre tract, a distance of 1,932.86 feet to a 5/8" Iron Rod | ||
set for the North corner of said 113.44 acre tract, same being in | ||
the Southeast line of a 16.75 acre tract of land surveyed by this | ||
firm January 14, 2019, and for the West corner of this herein | ||
described tract; | ||
THENCE: N 53°16'28" E - along and with the Southeast line of | ||
said 16.75 acre tract, a distance of 1,543.43 feet to a point at the | ||
PC of a non-tangent curve to the left, for an angle point of said | ||
16.75 acre tract, and for an angle point of this herein described | ||
tract; | ||
THENCE: Northeasterly - along and with the Southeast line of | ||
said 16.75 acre tract and with said non-tangent curve to the left, | ||
having a radius of 800.49 feet, an arc length of 72.72 feet, a chord | ||
bearing of N 50°40'19" E and a chord distance of 72.69 feet to a | ||
point for an angle point of said 16.75 acre tract, and for an angle | ||
point of this herein described tract; | ||
THENCE: N 48°04'10" E - along and with the Southeast line of | ||
said 16.75 acre tract, a distance of 184.07 feet to a point for an | ||
angle point of said 16.75 acre tract, and for an angle point of this | ||
herein described tract; | ||
THENCE: N 53°16'28" E - along and with the Southeast line of | ||
said 16.75 acre tract, a distance of 179.76 feet to a point at the PC | ||
of a non-tangent curve to the left, for an angle point of said 16.75 | ||
acre tract, and for an angle point of this herein described tract; | ||
THENCE: Northeasterly - along and with the Southeast line of | ||
said 16.75 acre tract and with said non-tangent curve to the left, | ||
having a radius of 800.49 feet, an arc length of 225.66 feet, a | ||
chord bearing of N 45°11'55" E and a chord distance of 224.91 feet to | ||
a point for an angle point of said 16.75 acre tract, and for an angle | ||
point of this herein described tract; | ||
THENCE: N 37°07'22" E - along and with the Southeast line of | ||
said 16.75 acre tract, a distance of 157.22 feet to a point at the PC | ||
of a non-tangent curve to the right, for an angle point of said | ||
16.75 acre tract, and for an angle point of this herein described | ||
tract; | ||
THENCE: Northeasterly - along and with the Southeast line of | ||
said 16.75 acre tract and with said non-tangent curve to the right, | ||
having a radius of 728.49 feet, an arc length of 156.81 feet, a | ||
chord bearing of N 43°17'22" E and a chord distance of 156.51 feet to | ||
a point for an angle point of said 16.75 acre tract, and for an angle | ||
point of this herein described tract; | ||
THENCE: N 49°27'22" E - along and with the Southeast line of | ||
said 16.75 acre tract, a distance of 80.15 feet to a point in the | ||
Northwest line of said 540.95 acre tract, same being in the | ||
Southeast right-of-way of the Texas Mexican Railway, for the East | ||
corner of said 16.75 acre tract, and for an angle point of this | ||
herein described tract; | ||
THENCE: N 53°16'20" E - along and with the Northwest line of | ||
said 540.95 acre tract, same being in the Southeast right-of-way of | ||
the Texas Mexican Railway, at 445.29 feet, pass a 5/8" Iron Rod | ||
(slightly bent) called and found in the Southwest margin of County | ||
Road 421, continuing on course a total distance of 477.29 feet to | ||
the POINT OF BEGINNING, containing within these metes and bounds | ||
410.73 Acres, 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 immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4680 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 126, Nays 14, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4680 was passed by the Senate on May | ||
21, 2019, by the following vote: Yeas 29, Nays 2. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |