Bill Text: TX SB1885 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the creation of the Comanche Municipal Management District No. 1.
Spectrum: Partisan Bill (Republican 1-0)
Status: (N/A - Dead) 2013-04-10 - Referred to Intergovernmental Relations [SB1885 Detail]
Download: Texas-2013-SB1885-Introduced.html
83R20849 JSL-F | ||
By: Estes | S.B. No. 1885 |
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relating to the creation of the Comanche Municipal Management | ||
District No. 1. | ||
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. COMANCHE MUNICIPAL MANAGEMENT DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3918.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Aubrey. | ||
(3) "County" means Denton County. | ||
(4) "Director" means a board member. | ||
(5) "District" means the Comanche Municipal | ||
Management District No. 1. | ||
Sec. 3918.002. NATURE OF DISTRICT. The Comanche Municipal | ||
Management District No. 1 is a special district created under | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 3918.003. CONFIRMATION AND DIRECTORS' ELECTION | ||
REQUIRED. The initial directors shall hold an election to confirm | ||
the creation of the district and to elect five permanent directors | ||
as provided by Section 49.102, Water Code. | ||
Sec. 3918.004. CITY CONSENT AND DEVELOPMENT AGREEMENT | ||
EXECUTION REQUIRED. (a) The initial directors may not hold an | ||
election under Section 3918.003 until the city has: | ||
(1) consented by ordinance or resolution to the | ||
creation of the district and to the inclusion of land in the | ||
district; and | ||
(2) entered into a development agreement with the | ||
owners of the real property in the district under Section 212.172, | ||
Local Government Code. | ||
(b) The district is dissolved and this chapter expires | ||
September 1, 2017, if: | ||
(1) the city has not consented to the creation of the | ||
district and to the inclusion of land in the district under | ||
Subsection (a)(1) before that date; or | ||
(2) the development agreement described by Subsection | ||
(a)(2) is not entered into before that date. | ||
Sec. 3918.005. 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. 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 or county from providing the level | ||
of services provided as of the effective date of the Act enacting | ||
this chapter to the area in the district. The district is created | ||
to supplement and not to supplant city and county services provided | ||
in the district. | ||
Sec. 3918.006. 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 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. | ||
(e) The district will: | ||
(1) promote the health, safety, and general welfare of | ||
residents, employers, potential employees, employees, visitors, | ||
and consumers in the district, and of the public; | ||
(2) provide needed funding for the district to | ||
preserve, maintain, and enhance the economic health and vitality of | ||
the district territory as a community and business center; and | ||
(3) promote the health, safety, welfare, and enjoyment | ||
of the public by providing pedestrian ways and by landscaping and | ||
developing certain areas, which are necessary for the restoration, | ||
preservation, and enhancement of scenic beauty. | ||
(f) Pedestrian ways along or across a street, whether at | ||
grade or above or below the surface, and street lighting, street | ||
landscaping, parking, and street art objects are parts of and | ||
necessary components of a street and are considered to be a street | ||
or road improvement. | ||
(g) The district will not act as the agent or | ||
instrumentality of any private interest even though the district | ||
will benefit many private interests as well as the public. | ||
Sec. 3918.007. 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 of the district 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 borrow money or issue any type of bonds or | ||
other obligations described by Section 3918.203 for a purpose for | ||
which the district is created or to pay the principal of and | ||
interest on the bonds or other obligations; | ||
(3) right to impose or collect an assessment or | ||
collect other revenue; | ||
(4) legality or operation; or | ||
(5) right to contract. | ||
Sec. 3918.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | ||
(a) All or any part of the area of the district that is not in the | ||
city's corporate limits is eligible to be included in: | ||
(1) a tax increment reinvestment zone created under | ||
Chapter 311, Tax Code; | ||
(2) a tax abatement reinvestment zone created under | ||
Chapter 312, Tax Code; | ||
(3) an enterprise zone created under Chapter 2303, | ||
Government Code; or | ||
(4) an industrial district created under Chapter 42, | ||
Local Government Code. | ||
(b) If the city creates a tax increment reinvestment zone | ||
described by Subsection (a), the city and the board of directors of | ||
the zone, by contract with the district, may grant money deposited | ||
in the tax increment fund to the district to be used by the district | ||
for: | ||
(1) the purposes permitted for money granted to a | ||
corporation under Section 380.002(b), Local Government Code; and | ||
(2) any other district purpose, including the right to | ||
pledge the money as security for any bonds or other obligations | ||
issued by the district under Section 3918.203. | ||
(c) All or any part of the area of the district that is | ||
within the city's corporate limits 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. | ||
(d) If the city creates a tax increment reinvestment zone | ||
described by Subsection (c)(1), the city and the board of directors | ||
of the zone, by contract, may allocate money deposited in the tax | ||
increment fund between the city and the district to be used by the | ||
city and the district for: | ||
(1) the purposes permitted for money granted to a | ||
corporation under Section 380.002(b), Local Government Code; | ||
(2) any other district purpose, including the right to | ||
pledge the money as security for any bonds or other obligations | ||
issued by the district under Section 3918.203; and | ||
(3) funding services provided by the city to the area | ||
in the district. | ||
(e) A tax increment reinvestment zone created by the city in | ||
the district is not subject to the limitations provided by Section | ||
311.006, Tax Code. | ||
Sec. 3918.009. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
Chapter 375, Local Government Code, applies to the district. | ||
Sec. 3918.010. CONSTRUCTION OF CHAPTER. This chapter shall | ||
be liberally construed in conformity with the findings and purposes | ||
stated in this chapter. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3918.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 3918.052, directors serve | ||
staggered four-year terms, with two or three directors' terms | ||
expiring June 1 of each odd-numbered year. | ||
Sec. 3918.052. 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 city requesting that the | ||
city appoint as initial directors the five persons named in the | ||
petition. The city shall appoint as initial directors the five | ||
persons named in the petition. | ||
(b) Initial directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 3918.003; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 3918.003 and the terms of the initial directors have | ||
expired, successor initial directors shall be appointed or | ||
reappointed as provided by Subsection (d) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 3918.003; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
according to the most recent certified tax appraisal rolls for the | ||
county may submit a petition to the city requesting that the city | ||
appoint as successor initial directors the five persons named in | ||
the petition. The city shall appoint as successor initial | ||
directors the five persons named in the petition. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3918.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3918.102. IMPROVEMENT PROJECTS. The district may | ||
provide, or it may enter into contracts with a governmental or | ||
private entity to provide, the improvement projects described by | ||
Subchapter C-1 or activities in support of or incidental to those | ||
projects. | ||
Sec. 3918.103. WATER DISTRICT POWERS. The district has the | ||
powers provided by the general laws relating to conservation and | ||
reclamation districts created under Section 59, Article XVI, Texas | ||
Constitution, including Chapters 49 and 54, Water Code. | ||
Sec. 3918.104. ROAD DISTRICT POWERS. The district has the | ||
powers provided by the general laws relating to road districts and | ||
road utility districts created under Section 52(b), Article III, | ||
Texas Constitution, including Chapter 441, Transportation Code. | ||
Sec. 3918.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The | ||
district has the powers provided by Chapter 372, Local Government | ||
Code, to a municipality or county. | ||
Sec. 3918.106. CONTRACT POWERS. The district may contract | ||
with a governmental or private entity, on terms determined by the | ||
board, to carry out a power or duty authorized by this chapter or to | ||
accomplish a purpose for which the district is created. | ||
Sec. 3918.107. EMERGENCY SERVICES. (a) This section | ||
applies only to territory in the district: | ||
(1) that is in the extraterritorial jurisdiction of | ||
the city; | ||
(2) for which a plat has been filed; and | ||
(3) that includes 100 or more residents. | ||
(b) To protect the public interest, the district shall | ||
provide or contract with a qualified party to provide emergency | ||
services, including law enforcement, fire, and ambulance services, | ||
in the territory described by Subsection (a). | ||
Sec. 3918.108. NO TOLL ROADS. The district may not | ||
construct, acquire, maintain, or operate a toll road. | ||
Sec. 3918.109. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES | ||
Sec. 3918.151. IMPROVEMENT PROJECTS AND SERVICES. The | ||
district may provide, design, construct, acquire, improve, | ||
relocate, operate, maintain, or finance an improvement project or | ||
service using any money available to the district, or contract with | ||
a governmental or private entity to provide, design, construct, | ||
acquire, improve, relocate, operate, maintain, or finance an | ||
improvement project or service authorized under this chapter or | ||
Chapter 375, Local Government Code. | ||
Sec. 3918.152. BOARD DETERMINATION REQUIRED. The district | ||
may not undertake an improvement project unless the board | ||
determines the project: | ||
(1) is necessary to accomplish a public purpose of the | ||
district; and | ||
(2) complies with the development agreement entered | ||
into under Section 3918.004(a)(2) or the parties to that | ||
development agreement agree to the project, in writing. | ||
Sec. 3918.153. LOCATION OF IMPROVEMENT PROJECT. An | ||
improvement project may be inside or outside the district. | ||
Sec. 3918.154. CITY REQUIREMENTS. (a) An improvement | ||
project in the corporate limits of the city must comply with any | ||
applicable requirements of the city, including codes and | ||
ordinances, that are consistent with the development agreement | ||
entered into under Section 3918.004(a)(2). | ||
(b) The district may not provide, conduct, or authorize any | ||
improvement project on the city's streets, highways, | ||
rights-of-way, or easements without the consent of the governing | ||
body of the city. | ||
Sec. 3918.155. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE | ||
AREA. The district may undertake an improvement project or service | ||
that confers a special benefit on a definable area in the district | ||
and levy and collect a special assessment on benefited property in | ||
the district in accordance with: | ||
(1) Chapter 372, Local Government Code; or | ||
(2) Chapter 375, Local Government Code. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
Sec. 3918.201. 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. 3918.202. MONEY USED FOR IMPROVEMENTS OR SERVICES. | ||
The district may undertake and provide an improvement project or | ||
service authorized by this chapter using any money available to the | ||
district. | ||
Sec. 3918.203. BORROWING MONEY; OBLIGATIONS. (a) The | ||
district may borrow money for a district purpose without holding an | ||
election by issuing bonds, notes, time warrants, or other | ||
obligations, or by entering into a contract or other agreement | ||
payable wholly or partly from an assessment, a contract payment, a | ||
grant, revenue from a zone created under Chapter 311 or 312, Tax | ||
Code, other district revenue, or a combination of these sources. | ||
(b) An obligation described by Subsection (a): | ||
(1) may bear interest at a rate determined by the | ||
board; and | ||
(2) may include a term or condition as determined by | ||
the board. | ||
Sec. 3918.204. ASSESSMENTS. (a) Except as provided by | ||
Subsection (b), the district may impose an assessment on property | ||
in the district to pay for an obligation described by Section | ||
3918.203 in the manner provided for: | ||
(1) a district under Subchapters A, E, and F, Chapter | ||
375, Local Government Code; or | ||
(2) a municipality or county under Subchapter A, | ||
Chapter 372, Local Government Code. | ||
(b) The district may not impose an assessment on a | ||
municipality, county, or other political subdivision. | ||
Sec. 3918.205. NOTICE OF ASSESSMENTS. (a) The board shall | ||
annually file written notice with the secretary of the city that | ||
specifies the assessments the district will impose in the | ||
district's next fiscal year in sufficient clarity to describe the | ||
assessments for the operation and maintenance of the district and | ||
the assessments for the payment of debt service of obligations | ||
issued or incurred by the district. | ||
(b) The board shall annually record in the deed records of | ||
the county a current assessment roll approved by the governing body | ||
of the city. | ||
(c) The assessment roll must clearly state that the | ||
assessments in the assessment roll are in addition to the ad valorem | ||
taxes imposed by other taxing units that tax real property in the | ||
district. | ||
(d) The district shall generate and implement a program to | ||
provide notification to a prospective purchaser of property in the | ||
district of the assessments that have been approved and are imposed | ||
by the district. | ||
Sec. 3918.206. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||
375.161, Local Government Code, does not apply to the district. | ||
Sec. 3918.207. NO IMPACT FEES. The district may not impose | ||
an impact fee. | ||
Sec. 3918.208. NO AD VALOREM TAX. The district may not | ||
impose an ad valorem tax. | ||
SUBCHAPTER E. DISSOLUTION | ||
Sec. 3918.251. DISSOLUTION BY CITY. (a) The city may | ||
dissolve the district by ordinance after the city annexes the | ||
district. | ||
(b) Notwithstanding Subsection (a), the city may not | ||
dissolve the district until: | ||
(1) the district's outstanding debt or contractual | ||
obligations have been repaid or discharged; or | ||
(2) the city agrees to succeed to the rights and | ||
obligations of the district. | ||
Sec. 3918.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. | ||
(a) If the dissolved district has bonds or other obligations | ||
outstanding secured by and payable from assessments or other | ||
revenue, the city succeeds to the rights and obligations of the | ||
district regarding enforcement and collection of the assessments or | ||
other revenue. | ||
(b) The city shall have and exercise all district powers to | ||
enforce and collect the assessments or other revenue to pay: | ||
(1) the bonds or other obligations when due and | ||
payable according to their terms; or | ||
(2) special revenue or assessment bonds or other | ||
obligations issued by the city to refund the outstanding bonds or | ||
obligations of the district. | ||
Sec. 3918.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a) | ||
After the city dissolves the district, the city assumes the | ||
obligations of the district, including any bonds or other debt | ||
payable from assessments or other district revenue. | ||
(b) If the city dissolves the district, the board shall | ||
transfer ownership of all district property to the city. | ||
SECTION 2. The Comanche Municipal Management District No. 1 | ||
initially includes all the territory contained in the following | ||
area: | ||
TRACT 1 | ||
248.67 ACRE | ||
BEING a tract of land situated in the William Lumpkin Survey | ||
Abstract No. 730, Denton County, Texas, and also being all of a | ||
173.545 acre tract as recorded in Volume 5347, Page 4702 of the Deed | ||
Records of Denton County, Texas, also being all of a 75.125 acre | ||
tract as recorded in Volume 4895, Page 1900 D.R.D.C.T. and being | ||
more particularly described by metes and bounds as follows: | ||
BEGINNING at a capped 1/2 inch iron rod found for corner | ||
(controlling monument) at the northeast corner of said 173.545-acre | ||
tract; | ||
THENCE South 1 degree 53 minutes 56 seconds West a distance of | ||
2221.22 feet to a 1/2 inch iron rod set for comer in Bryan Road | ||
(gravel surface); | ||
THENCE North 88 degrees 04 minutes 11 seconds West following Bryan | ||
Road a distance of 1267.37 feet to a 1/2 inch iron rod found for | ||
corner in the east line of a 75.125-acre tract; | ||
THENCE South 02 degrees 13 minutes 34 seconds West a distance of | ||
900.51 feet to a 1/2 inch iron rod found for comer at the northeast | ||
comer of a 52.63 acre tract as recorded in Volume 2261, Page 53, | ||
D.R.D.C.T.; | ||
THENCE North 89 degrees 19 minutes 31 seconds West following the | ||
north line of said 52.63 acres tract a distance of 3578.05 feet to a | ||
5/8 inch iron rod (bent) found for comer in the east line of a tract | ||
conveyed to the United States of America as recorded in Volume 2585, | ||
Page 305, D.R.D.C.T.; | ||
THENCE North 02 degrees 15 minutes 46 seconds East following the USA | ||
tract a distance of 243.40 feet to concrete monument stamped 1033-4 | ||
for corner; | ||
THENCE North 02 degrees 18 minutes 26 seconds East following the USA | ||
tract a distance of 349.95 feet to concrete monument stamped 1033-5 | ||
for comer; | ||
THENCE North 36 degrees 42 minutes 11 seconds West following the USA | ||
tract a distance of 396.06 feet to concrete monument stamped 1033-6 | ||
for comer on the east bank of a dry creek; | ||
THENCE South 89 degrees 12 minutes 38 seconds East a distance of | ||
201.16 feet to 1/2 inch iron rod found for corner; | ||
THENCE North 00 degrees 47 minutes 22 seconds East a distance of | ||
131.81 feet to a point for comer in a creek; | ||
THENCE up said creek the following calls: | ||
N 09'28'51" E 13.38' | ||
N 07°11'52" E 163.03' | ||
N 72°07'15" E 37.14' | ||
S 63°04'41" E 103.03' | ||
S 88°21'20" E 52.55' | ||
N 04°13'19" E 21.33' | ||
N 11°19'26" W 59.51' | ||
N 18°42'11" E 87.30' | ||
N 17°43'03" W 81.64' | ||
N 74°51'43" E 136.16' | ||
N 31°30'01" E 64.83' | ||
S 88°00'53" E 66.68' | ||
S 35°42'40" E 58.03' | ||
S 82°36'34" E 31.64' | ||
N 17°26'44" E 95.82' | ||
S 42°05'36" E 150.73' | ||
N 83°20'18" E 36.07' | ||
N 05°26'09" E 107.43' | ||
N 31°37'22" W 51.38' | ||
N 20°57'03" E 66.43' | ||
N 28°51'15" W 102.21' | ||
N 71°19'55" E 53.49' | ||
S 53°48'09" E 44.26' | ||
N 85°29'09" E 65.70' | ||
N 40°30'41" E 86.41' | ||
N 78°32'11" E 40.09' | ||
N 24°32'25" E 53.98' | ||
N 77°19'49" E 92.67' | ||
N 58°04'48" E 80.57' | ||
S 32°29'24" E 38.45' | ||
N 48°05'23" E 47.84' | ||
N 25°13'19" E 47.92' | ||
S 89°41'30" E 57.89' | ||
S 78°26'24" E 91.22' | ||
N 67°15'30" E 29.70' | ||
S 23°35'53" E 132.38' | ||
S 87°07'12" E 40.32' | ||
N 00°43'32" W 44.48' | ||
N 56°26'03" E 92.01' | ||
S 51°37'41" E 87.66' | ||
S 01°35'49" w 42.96' | ||
S 59°48'32" E 8.73' | ||
N 60°27'41" E 125.92' | ||
N 44°01'02" E 75.88' | ||
N 01°26'58" E 82.39' | ||
N 73°27'50" E 73.60' | ||
N 54°29'34" E 46.92' | ||
N 81°58'33" E 46.29' | ||
N 49°14'37" E 44.19' | ||
N 53°45'54" W 113.00' | ||
N 18°22'20" W 130.69' | ||
N 29°43'26" E 28.51' | ||
N 50°28'25" W 43.10' | ||
N 17°32'30" W 68.50' | ||
N 88°47'34" E 108.29' | ||
S 55°53'19" E 47.42' | ||
S 45°21'21" E 32.24' | ||
N 52°55'59" E 49.96' | ||
S 35°25'53" E 72.10' | ||
N 24°00'28" E 43.50' | ||
N 49°35'12" W 52.21' | ||
N 07°23'52" E 54.05' | ||
N 01°09'32" E 45.90' | ||
N 84°16'29" E 94.67' | ||
N 86°33'49" E 67.50' | ||
S 74°49'52" E 56.94' | ||
N 51°27'10" E 21.10' | ||
N 21°28'46" W 35.20' | ||
N 67°07'22" E 44.39' | ||
S 30°10'20" E 49.02' | ||
S 85°45'43" E 39.09' | ||
N 18°14'15" E 39.69' | ||
N 69°16'16" E 39.39' | ||
S 49°20'27" E 59.65' | ||
N 55°13'09" E 41.34' | ||
N 40°35'34" W 70.10' | ||
N 33°06'50" E 69.98' | ||
N 66°20'41" E 42.96' | ||
N 01°12'16" E 3.53' | ||
THENCE North 86 degrees 41 minutes 34 seconds East a distance of | ||
401.38 feet to a 1/2 inch iron rod set for comer; | ||
THENCE South 88 degrees 18 minutes 26 seconds East a distance of | ||
2105.22 feet to the POINT OF BEGINNING and containing 10,832,069 | ||
square feet or 248.67 acres of land, more or less. | ||
RELEASE TRACT | ||
100.582 ACRE TRACT | ||
BEING a tract of land situated in the William Lumpkin Survey | ||
Abstract No. 730, Denton County, Texas, and also being part of a | ||
173.545 acre tract as recorded in Volume 5347, Page 4702 of the Deed | ||
Records of Denton County, Texas, also being part of a 75.125 acre | ||
tract as recorded in Volume 4895, Page 1900 D.R.D.C.T. and being | ||
more particularly described by metes and bounds as follows: | ||
BEGINNING at a capped 1/2 inch iron rod found for corner | ||
(controlling monument) at the northeast corner of said 173.545-acre | ||
tract; | ||
THENCE South 1 degree 53 minutes 56 seconds West a distance of | ||
2221.22 feet to a 1/2 inch iron rod set for comer in Bryan Road | ||
(gravel surface); | ||
THENCE North 88 degrees 04 minutes 11 seconds West following Bryan | ||
Road a distance of 1267.37 feet to a 1/2 inch iron rod found for | ||
corner in the east line of a 75.125-acre tract; | ||
THENCE South 02 degrees 13 minutes 34 seconds West a distance of | ||
528.88 feet to a 1/2 inch iron rod found for comer at the northeast | ||
comer of a 52.63 acre tract as recorded in Volume 2261, Page 53, | ||
D.R.D.C.T.; | ||
THENCE North 89 degrees 19 minutes 31 seconds West following the | ||
north line of said 52.63 acres tract a distance of 653.67 feet to a | ||
point; | ||
THENCE North 02 degrees 10 minutes 14 seconds East a distance of | ||
769.82.40 feet to the beginning of a tangent curve to the right; | ||
THENCE Northerly, along said tangent curve to the right which has a | ||
chord that bears North 11 degrees 39 minutes 21 seconds East for | ||
2017.05 feet, a central angle of 18 degrees 58 minutes 13 seconds | ||
and a radius of 6120.00 feet, for an arc distance of 2026.29 feet to | ||
the end of said curve; | ||
THENCE South 88 degrees 18 minutes 26 seconds East a distance of | ||
1578.43 feet to the POINT OF BEGINNING and containing 4,381,338 | ||
square feet or 100.582 acres of land. | ||
TRACT 2 | ||
52.631 ACRE TRACT | ||
All that certain tract or parcel of land situated in the WILLIAM | ||
LUMPKIN SURVEY, ABSTRACT NUMBER 73, County of DENTON, State of | ||
Texas, said tract being all of a called 52.630 acre tract as | ||
described in Deed 2261, Page 53 of the Real Property Records of the | ||
County of DENTON, State of Texas, and being more fully described as | ||
follows: | ||
Beginning for the Northeast corner of the tract described herein at | ||
a found 1/2 inch rebar said rebar being the Northeast corner of said | ||
Layman tract, same being the Southeast corner of a called 75.125 | ||
acre tract as described in deed to Denton County 250 LP, filed 29 | ||
June 2004, and recorded in County Clerk's Number 2004-85167 of said | ||
Real Property Records, and said rebar being on the West line of a | ||
called 166.48 acre tract as described in deed to Jos. A. I. Worsham, | ||
Trustee, filed 24 December 2003, and recorded in County Clerk's | ||
Number 2003-205831 of said deed records, said rebar also being in | ||
Bryan Road; | ||
Thence: South 02 degrees 07 minutes 23 seconds West, with the East | ||
line of said Layman tract, and with the West line of said Worsham | ||
tract, and with said road, a distance of 616.86 feet to a found 1/2 | ||
inch rebar for the Southeast corner of said Layman tract, same being | ||
the Northeast corner of Lot No. 2, a called 139.76 acre tract as | ||
described in partition, dated 18 September 1899, and recorded in | ||
Volume L, Page 587 of the District Court Minutes of DENTON County, | ||
Texas, and further described in Boundary Agreement, filed 22 May | ||
1985, and recorded in Volume 1640, Page 779 of said Real Property | ||
Records; | ||
Thence: North 89 degrees 19 minutes 30 seconds West, with the South | ||
line of said Layman tract, and with the North line of said Lot 2, and | ||
with the line as described in said Boundary Agreement, a distance of | ||
3950.80 feet to a found Corps of Engineers concrete monument with a | ||
brass cap marked 1033-1, 1034-5, dated 1966 for the Southwest | ||
corner of said Layman tract, said monument being the East line of | ||
USA Tract L-1033 (Lake Lewisville); | ||
Thence: North 40 degrees 32 minutes 30 seconds East, with the West | ||
line of said Layman tract, and with the East line of said USA tract, | ||
and with a barbed wire fence, a distance of 299.74 feet to a found | ||
Corps of Engineers concrete monument remains for an angle point in | ||
the West line of said Layman tract; | ||
Thence: North 40 degrees 28 minutes 28 seconds East, with the West | ||
line of said Layman tract, and with the East line of said USA tract, | ||
and with a barbed wire fence, a distance of 299.71 feet to a found | ||
Corps of Engineers concrete monument with a brass cap marked | ||
1033-3, dated 1966 for an angle point in the West line of said | ||
Layman tract, same being an angle point in the East line of said USA | ||
tract; | ||
Thence: North 02 degrees 16 minutes 40 seconds East, with the West | ||
line of said Layman tract, and with the East line of said USA tract, | ||
and with a barbed wire fence, a distance of 156.12 feet to a found I | ||
inch rebar by a pipe fence corner post for the Northwest corner of | ||
said Layman tract, same being the Southwest corner of said Denton | ||
County 250 tract; | ||
Thence: South 89 degrees 19 minutes 46 seconds East, with the North | ||
line of said Layman tract, and with the South line of said Denton | ||
County 250 tract, and with a barbed wire fence, and passing at | ||
3550.64 feet a pipe fence corner post on the West side of said road, | ||
and continuing on said course a total distance of 3578.04 feet to a | ||
POINT OF BEGINNING and CONTAINING 52.613 acres of land. | ||
RELEASE TRACT | ||
9.257 ACRE TRACT | ||
All that certain tract or parcel of land situated in the WILLIAM | ||
LUMPKIN SURVEY, ABSTRACT NUMBER 73, County of DENTON, State of | ||
Texas, said tract being part of a called 52.630 acre tract as | ||
described in Deed 2261, Page 53 of the Real Property Records of the | ||
County of DENTON, State of Texas, and being more fully described as | ||
follows: | ||
Beginning for the Northeast corner of the tract described herein at | ||
a found 1/2 inch rebar said rebar being the Northeast corner of said | ||
Layman tract, same being the Southeast corner of a called 75.125 | ||
acre tract as described in deed to Denton County 250 LP, filed 29 | ||
June 2004, and recorded in County Clerk's Number 2004-85167 of said | ||
Real Property Records, and said rebar being on the West line of a | ||
called 166.48 acre tract as described in deed to Jos. A. I. Worsham, | ||
Trustee, filed 24 December 2003, and recorded in County Clerk's | ||
Number 2003-205831 of said deed records, said rebar also being in | ||
Bryan Road; | ||
Thence: South 02 degrees 07 minutes 23 seconds West, with the East | ||
line of said Layman tract, and with the West line of said Worsham | ||
tract, and with said road, a distance of 616.86 feet to a found 1/2 | ||
inch rebar for the Southeast corner of said Layman tract, same being | ||
the Northeast corner of Lot No.2, a called 139.76 acre tract as | ||
described in partition, dated 18 September 1899, and recorded in | ||
Volume L, Page 587 of the District Court Minutes of DENTON County, | ||
Texas, and further described in Boundary Agreement, filed 22 May | ||
1985, and recorded in Volume 1640, Page 779 of said Real Property | ||
Records; | ||
Thence: North 89 degrees 19 minutes 30 seconds West, with the South | ||
line of said Layman tract, and with the North line of said Lot 2, and | ||
with the line as described in said Boundary Agreement, a distance of | ||
654.18 feet a point; | ||
Thence: North 02 degrees 10 minutes 14 seconds East, a distance of | ||
616.82 feet to a point; | ||
Thence: South 89 degrees 19 minutes 46 seconds East, with the North | ||
line of said Layman tract, and with the South line of said Denton | ||
County 250 tract, and with a barbed wire fence, a distance of 653.67 | ||
feet to a POINT OF BEGINNING and CONTAINING 9.257 acres of land. | ||
SECTION 3. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, | ||
lieutenant governor, and speaker of the house of representatives | ||
within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act have been | ||
fulfilled and accomplished. | ||
SECTION 4. This Act takes effect September 1, 2013. |