Bill Text: TX SB2244 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the creation of the Lorena Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-05-24 - Referred to Urban Affairs [SB2244 Detail]
Download: Texas-2021-SB2244-Engrossed.html
By: Birdwell | S.B. No. 2244 |
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relating to the creation of the Lorena Municipal Management | ||
District No. 1; 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 3791 to read as follows: | ||
CHAPTER 3791. LORENA MUNICIPAL MANAGEMENT DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3791.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Lorena. | ||
(3) "County" means McLennan County. | ||
(4) "Director" means a board member. | ||
(5) "District" means the Lorena Municipal Management | ||
District No. 1. | ||
Sec. 3791.0102. NATURE OF DISTRICT. The Lorena Municipal | ||
Management District No. 1 is a special district created under | ||
Section 59, Article XVI, Texas Constitution. | ||
Sec. 3791.0103. 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 county, | ||
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 county or 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 county or city services | ||
provided in the district. | ||
Sec. 3791.0104. 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, 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. 3791.0105. 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. 3791.0106. 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. 3791.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
Chapter 375, Local Government Code, applies to the district. | ||
Sec. 3791.0108. CONSTRUCTION OF CHAPTER. This chapter | ||
shall be liberally construed in conformity with the findings and | ||
purposes stated in this chapter. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3791.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five directors elected or appointed as | ||
provided by this chapter and Subchapter D, Chapter 49, Water Code. | ||
(b) Except as provided by Section 3791.0203, directors | ||
serve staggered four-year terms. | ||
Sec. 3791.0202. COMPENSATION. A director is entitled to | ||
receive fees of office and reimbursement for actual expenses as | ||
provided by Section 49.060, Water Code. Sections 375.069 and | ||
375.070, Local Government Code, do not apply to the board. | ||
Sec. 3791.0203. TEMPORARY DIRECTORS. (a) On or after the | ||
effective date of the Act creating 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 roll | ||
for the county may submit a petition to the Texas Commission on | ||
Environmental Quality requesting that the commission appoint as | ||
temporary directors the five persons named in the petition. The | ||
commission shall appoint as temporary directors the five persons | ||
named in the petition. | ||
(b) The temporary or successor temporary directors shall | ||
hold an election to elect five permanent directors as provided by | ||
Section 49.102, Water Code. | ||
(c) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Subsection (b); or | ||
(2) the fourth anniversary of the effective date of | ||
the Act creating this chapter. | ||
(d) If permanent directors have not been elected under | ||
Subsection (b) and the terms of the temporary directors have | ||
expired, successor temporary directors shall be appointed or | ||
reappointed as provided by Subsection (e) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Subsection (b); or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(e) If Subsection (d) 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 roll for the | ||
county may submit a petition to the Texas Commission on | ||
Environmental Quality requesting that the commission appoint as | ||
successor temporary directors the five persons named in the | ||
petition. The commission shall appoint as successor temporary | ||
directors the five persons named in the petition. | ||
Sec. 3791.0204. NONVOTING DIRECTORS. The board may appoint | ||
nonvoting directors to serve at the pleasure of the voting | ||
directors. | ||
Sec. 3791.0205. QUORUM. For purposes of determining the | ||
requirements for a quorum of the board, the following are not | ||
counted: | ||
(1) a board position vacant for any reason, including | ||
death, resignation, or disqualification; | ||
(2) a director who is abstaining from participation in | ||
a vote because of a conflict of interest; or | ||
(3) a nonvoting director. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3791.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3791.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) | ||
The district, using any money available to the district for the | ||
purpose, may provide, design, construct, acquire, improve, | ||
relocate, operate, maintain, or finance an improvement project or | ||
service authorized under this chapter or Chapter 375, Local | ||
Government Code. | ||
(b) The district may contract with a governmental or private | ||
entity to carry out an action under Subsection (a). | ||
(c) The implementation of a district project or service is a | ||
governmental function or service for the purposes of Chapter 791, | ||
Government Code. | ||
Sec. 3791.0303. 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. 3791.0304. LAW ENFORCEMENT SERVICES. To protect the | ||
public interest, the district may contract with a qualified party, | ||
including the county or the city, to provide law enforcement | ||
services in the district for a fee. | ||
Sec. 3791.0305. 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. 3791.0306. 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. 3791.0307. 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. 3791.0308. 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. 3791.0309. 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. 3791.0310. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER D. ASSESSMENTS | ||
Sec. 3791.0401. 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. 3791.0402. 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. 3791.0501. 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. 3791.0502. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized by a majority of the district voters voting at an | ||
election under Section 3791.0501, 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. 3791.0503. 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. 3791.0504. 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. 3791.0505. BONDS SECURED BY AD VALOREM TAXES; | ||
ELECTIONS. (a) If authorized at an election under Section | ||
3791.0501, 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. 3791.0506. CONSENT OF MUNICIPALITY 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) This section applies only to the district's first | ||
issuance of bonds payable from ad valorem taxes. | ||
SUBCHAPTER I. DISSOLUTION | ||
Sec. 3791.0901. DISSOLUTION. (a) The board shall dissolve | ||
the district on written petition filed with the board by the owners | ||
of at least two-thirds of the assessed value of the property subject | ||
to assessment or taxation by the district based on the most recent | ||
certified county property tax rolls. | ||
(b) The board by majority vote may dissolve the district at | ||
any time. | ||
(c) The district may not be dissolved by its board under | ||
Subsection (a) or (b) if the district: | ||
(1) has any outstanding bonded indebtedness until that | ||
bonded indebtedness has been repaid or defeased in accordance with | ||
the order or resolution authorizing the issuance of the bonds; | ||
(2) has a contractual obligation to pay money until | ||
that obligation has been fully paid in accordance with the | ||
contract; or | ||
(3) owns, operates, or maintains public works, | ||
facilities, or improvements unless the district contracts with | ||
another person for the ownership, operation, or maintenance of the | ||
public works, facilities, or improvements. | ||
(d) Sections 375.261, 375.262, and 375.264, Local | ||
Government Code, do not apply to the district. | ||
SECTION 2. The Lorena Municipal Management District No. 1 | ||
initially includes all the territory contained in the following | ||
area: | ||
BEING A 441.17 ACRE TRACT OF LAND, SITUATED IN THE J. STEWART | ||
SURVEY, ABSTRACT NO. 815, McLENNAN COUNTY, TEXAS, AND BEING THE | ||
REMAINDER OF THAT CALLED 144.720 ACRE TRACT OF LAND DESCRIBED IN | ||
DEED TO RKS TEXAS INVESTMENTS, LP, AS RECORDED IN McLENNAN COUNTY | ||
CLERKS FILE NUMBER 2012019521 OF THE OFFICIAL PUBLIC RECORDS OF | ||
McLENNAN COUNTY, TEXAS (O.P.R.M.C.T.), THE REMAINDER OF THAT CALLED | ||
24.442 ACRE TRACT OF LAND DESCRIBED IN DEED TO RKS LORENA 25, LLC, | ||
AS RECORDED IN McLENNAN COUNTY CLERKS FILE NUMBER 2014015394 OF | ||
SAID O.P.R.M.C.T., THE REMAINDER OF THAT CALLED 107.547 ACRE TRACT | ||
OF LAND DESCRIBED IN DEED TO RKS PROPERTIES LORENA, LLC, AS RECORDED | ||
IN McLENNAN COUNTY CLERKS FILE NUMBER 2006041369 OF SAID | ||
O.P.R.M.C.T., ALL OF THAT CALLED 0.2646 ACRE TRACT OF LAND, "TRACT | ||
3" AND ALL OF THAT CALLED 1.0205 ACRE TRACT OF LAND "TRACT 1" AS | ||
DESCRIBED IN AN UNRECORDED DOCUMENT KNOWN AS PART 2 AGREEMENT TO RKS | ||
PROPERTIES LORENA, LLC, ALL OF THAT CALLED 65.150 ACRE TRACT OF LAND | ||
DESCRIBED AS "TRACT ONE" AND ALL OF THAT CALLED 17.325 ACRE TRACT OF | ||
LAND DESCRIBED AS "TRACT 2" IN DEED TO RKS PROPERTIES LORENA, LLC, | ||
AS RECORDED IN McLENNAN COUNTY CLERKS FILE NUMBER 2006041363 OF | ||
SAID O.P.R.M.C.T., A PORTION OF THAT CALLED 31.91 ACRE TRACT OF LAND | ||
DESCRIBED IN DEED TO LORENA INDEPENDENT SCHOOL DISTRICT AS RECORDED | ||
IN McLENNAN COUNTY CLERKS FILE NUMBER 2003014830 OF SAID | ||
O.P.R.M.C.T., ALL OF THAT CALLED 67.477 ACRE TRACT OF LAND | ||
DESCRIBED AS "TRACT 1" AND ALL OF THAT CALLED 9.607 ACRE TRACT OF | ||
LAND DESCRIBED AS "TRACT 2" IN DEED TO RKS PROPERTIES LORENA, LLC, | ||
AS RECORDED IN McLENNAN COUNTY CLERKS FILE NUMBER 2006041359 OF | ||
SAID O.P.R.M.C.T., AND ALSO THOSE PORTIONS OF FARM TO MARKET ROAD | ||
2837 AND THE UNION PACIFIC RAILROAD SITUATED BETWEEN SAID TRACTS. | ||
SAID 441.17 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES | ||
AND BOUNDS AS FOLLOWS: | ||
BEGINNING at a 3/8 inch capped iron rod found and stamped | ||
"RODEN 772-8150", being the north corner of said 144.720 acre tract | ||
and lying in the east Right of Way (ROW) line of Union Pacific | ||
Railroad (100' wide ROW) for the northeast corner of the herein | ||
described tract; | ||
THENCE along the northeast lines of said 144.720 acres, the | ||
following three (3) courses and distances: | ||
1) S 30° 36' 06" E, a distance of 2,484.04 feet, to a 40D nail | ||
found for an angle point hereof; | ||
2) S 30° 25' 29" E, a distance of 1,267.27 feet, to a 1/2 inch | ||
iron rod found for an angle point hereof; | ||
3) S 30° 45' 05" E, a distance of 188.59 feet, to a TXDOT Type | ||
II Monument found for corner hereof, being an interior corner of | ||
said 144.720 acre tract, and lying in the westerly ROW line of | ||
Interstate Highway 35 (Variable width ROW); | ||
THENCE along the west lines of said Interstate Highway 35, | ||
the following eight (8) courses and distances: | ||
1) S 31° 26' 52" E, a distance of 15.31 feet, to a TXDOT Type | ||
II Monument found for corner hereof, for the easternmost corner | ||
hereof; | ||
2) S 19° 07' 52" W, a distance of 57.76 feet, to a point for | ||
corner hereof; | ||
3) S 19° 21' 11" W, passing at an approximate distance of | ||
46.7 feet, the common line of said 144.720 and 24.442 acre tracts, | ||
and continuing for a total distance of 512.57 feet, to a TXDOT Type | ||
II Monument found for corner hereof; | ||
4) S 19° 22' 29" W, a distance of 160.08 feet, to a point for | ||
corner hereof; | ||
5) S 25° 32' 45" W, a distance of 945.94 feet, to a point for | ||
corner hereof; | ||
6) S 20° 12' 44" W, a distance of 386.76 feet, to a point for | ||
corner hereof; | ||
7) S 20° 48' 22" W, a distance of 69.78 feet, to a point for | ||
corner hereof; | ||
8) S 45° 40' 04" W, a distance of 254.36 feet, to a point for | ||
corner hereof, being the northeast corner of that called 3.859 acre | ||
tract of land described as "Parcel 1" in deed to the State of Texas, | ||
as recorded in McLennan County Clerks File Number 2014015395 of | ||
said O.P.R.M.C.T., also lying in the north ROW line of Farm to | ||
Market Road 2837 (FM 2837, variable width ROW); | ||
THENCE N 86° 15' 06" W, leaving said Interstate Highway 35 | ||
ROW, along the north ROW line of said FM 2837, a distance of 141.86 | ||
feet, to a point for corner hereof. From which, a TXDOT Type II | ||
Monument found, being the northwest corner of said 3.859 acre | ||
tract, bears N 86° 15' 06" W, a distance of 474.09 feet; | ||
THENCE S 03° 44' 54" W, over and across said FM 2837, a | ||
distance of 166.77 feet, to a point for corner hereof, lying in the | ||
south ROW line of said FM 2837; | ||
THENCE along the southwest lines of said FM 2837, the | ||
following two (2) courses and distances: | ||
1) S 26° 28' 52" W, a distance of 256.60 feet, to a point for | ||
corner hereof; | ||
2) S 50° 30' 15" E, a distance of 8.77 feet, to a 5/8 inch | ||
iron rod found for corner hereof, being the northerly common corner | ||
of said 3.859 acre tract and said 0.2646 acre tract; | ||
THENCE leaving said ROW line, with the north lines of said | ||
0.2646 acre tract, the following three (3) courses and distances: | ||
1) S 55° 37' 49" E, a distance of 113.33 feet, to a point for | ||
corner hereof; | ||
2) S 38° 17' 59" E, a distance of 50.54 feet, to a point for | ||
corner hereof; | ||
3) S 35° 39' 56" E, a distance of 72.50 feet, to a TXDOT Type | ||
II Monument found for corner hereof, being the northeast corner of | ||
said 0.2646 acre tract, also lying in the east ROW line of said FM | ||
2837; | ||
THENCE S 59° 11' 08" W, with the northwest line of said Lot 2 | ||
and the southeast line of said 0.2646 acre tract, a distance of | ||
22.69 feet, to a point for corner hereof, being the southeast corner | ||
of said 0.2646 acre tract, also lying in the east ROW line of said FM | ||
2837; | ||
THENCE leaving said ROW line, with the south lines of said | ||
0.2646 acre tract, the following three (3) courses and distances: | ||
1) N 30° 04' 50" W, a distance of 7.30 feet, to a point for | ||
corner hereof, being the beginning of a curve to the left, having a | ||
central angle of 56° 10' 45", a radius of 160.00 feet, and having a | ||
chord bearing N 58° 09' 58" W, a chord distance of 150.67 feet; | ||
2) Along said curve to the left, an arc distance of 156.88 | ||
feet, to a point for corner hereof at the end of said curve; | ||
3) N 86° 15' 09" W, a distance of 281.27 feet, to a point for | ||
corner hereof, being the southerly southwest corner of said 0.2646 | ||
acre tract, also being the south end of a southeasterly cutback in | ||
the east ROW line of said FM 2837; | ||
THENCE S 03° 44' 27" W, leaving said 0.2646 acre tract, a | ||
distance of 80.00 feet, to a point for corner hereof, being the | ||
northerly northwest corner of said 1.0205 acre tract, also being | ||
the north end of a northeasterly cutback in the east ROW line of | ||
said FM 2837; | ||
THENCE along the north lines of said 1.0205 acre tract, the | ||
following four (4) courses and distances: | ||
1) S 86° 15' 09" E, a distance of 171.85 feet, to a point for | ||
corner hereof; | ||
2) S 41° 15' 32" E, a distance of 14.16 feet, to a point for | ||
corner hereof; | ||
3) S 03° 44' 30" W, a distance of 80.91 feet, to a point for | ||
corner hereof, being the beginning of a non-tangent curve to the | ||
left, having a central angle of 97° 27' 02", a radius of 56.00 feet, | ||
and having a chord bearing S 16° 47' 50" W a chord distance of 84.17 | ||
feet; | ||
4) Along said non-tangent curve the left, an arc distance of | ||
95.25 feet, to a point for corner hereof, being the southeast corner | ||
of said 1.0205 acre tract, also lying in the south ROW line of said | ||
FM 2837; | ||
THENCE along the southeast lines of said 1.0205 acre tract, | ||
the following three (3) courses and distances: | ||
1) S 59° 02' 20" W, a distance of 58.10 feet, to a point for | ||
corner hereof; | ||
2) S 39° 28' 58" W, a distance of 111.31 feet, to a point for | ||
corner hereof; | ||
3) S 59° 13' 38" W, a distance of 85.55 feet, to a TXDOT Type | ||
II Monument found for corner hereof, being the south corner of said | ||
1.0205 acre tract; | ||
THENCE along the southwest lines of said 1.0205 acre tract, | ||
the following three (3) courses and distances: | ||
1) N 33° 27' 47" W, a distance of 40.93 feet, to a point for | ||
corner hereof, being the beginning of a non-tangent curve to the | ||
left, having a central angle of 11° 56' 58", a radius of 132.50 feet, | ||
and having a chord bearing N 39° 26' 15" W a chord distance of 27.58 | ||
feet, | ||
2) Along said non-tangent curve to the left, an arc distance | ||
of 27.63 feet, to a point for corner hereof; | ||
3) N 11° 43' 31" W, a distance of 28.45 feet, to a point for | ||
corner hereof, being the southwest corner of said 1.0205 acre tract | ||
and lying in the southeast line of said 3.859 acre tract; | ||
THENCE N 62° 54' 54" W, over and across said 3.859 acre tract, | ||
a distance of 100.01 feet, to a point for corner hereof, lying in | ||
the west line of said 3.859 acre tract, being the west ROW line of | ||
said FM 2837, being the beginning of a non-tangent curve to the | ||
right, having a central angle of 24° 00' 58", a radius of 500.00 | ||
feet, and having a chord bearing S 39° 05' 35" W, a chord distance of | ||
208.05 feet; | ||
THENCE along said non-tangent curve to the right, an arc | ||
distance of 209.58 feet, to a TXDOT Type II Monument found for | ||
corner hereof, being the southerly common corner of said 107.547 | ||
acre and 3.859 acre tracts, also being the beginning of a | ||
non-tangent curve to the right, having a central angle of 15° 20' | ||
28", a radius of 894.93 feet, and having a chord bearing S 66° 07' | ||
01" W a chord distance of 238.91 feet; | ||
THENCE Along said non-tangent curve to the right, with the | ||
common line of said 107.547 acre tract and FM 2837 ROW, an arc | ||
distance of 239.62 feet, to a 1/2 inch iron rod found for corner | ||
hereof, being the southerly common corner of said 107.547 acres and | ||
that called 1.75 acre tract of land described in deed to Lorena | ||
Lodge 594 A.F. & A.M., as recorded in Volume 1543, Page 814, of the | ||
Deed Records of McLennan County, Texas (D.R.M.C.T.); | ||
THENCE leaving said ROW line, along the common lines of said | ||
107.547 acre and 1.75 acre tracts, the following two (2) courses and | ||
distances: | ||
1) N 12° 55' 40" E, a distance of 300.04 feet, to a 1/2 inch | ||
iron rod found for corner hereof, being the northeasterly common | ||
corner of said 107.547 acre and 1.75 acre tracts; | ||
2) S 85° 15' 44" W, a distance of 272.77 feet, to a 1/2 inch | ||
iron rod found for corner hereof, being the northerly common corner | ||
of said 107.547 acre and 1.75 acre tracts, and lying in the east | ||
line of that called 1.12 acre tract of land described in deed to | ||
Lorena Church of Christ, as recorded in McLennan County Clerks File | ||
Number 2004009723 of said O.P.R.M.C.T., | ||
THENCE along the common lines of said 107.547 acre and said | ||
1.12 acre tracts, the following three (3) courses and distances: | ||
1) N 09° 25' 45" E, a distance of 94.99 feet, to a 3/8 inch | ||
capped iron rod found and stamped "RODEN 772-8150" for corner | ||
hereof, being the northeasterly common corner of said 107.547 acre | ||
and 1.12 acre tracts; | ||
2) N 83° 25' 07" W, a distance of 219.90 feet, to a 3/8 inch | ||
capped iron rod found and stamped "RODEN 772-8150" for corner | ||
hereof, being the northwesterly common corner of said 107.547 acre | ||
and 1.12 acre tracts; | ||
3) S 10° 46' 15" W, a distance of 408.55 feet, to a 3/8 inch | ||
capped iron rod found and stamped "RODEN 772-8150" for corner | ||
hereof, being the southerly common corner of said 107.547 acre and | ||
1.12 acre tracts, also lying in the north ROW line of said FM 2837; | ||
THENCE N 79° 11' 23" W, along the common line of said 107.547 | ||
acre tract and FM 2837 ROW, a distance of 370.51 feet, to a 3/8 inch | ||
capped iron rod found and stamped "RODEN 772-8150" for corner | ||
hereof, being the southerly common corner of said 107.547 acre and | ||
144.720 acre tracts; | ||
THENCE N 79° 42' 25" W, along the common line of said 144.720 | ||
acre tract and FM 2837 ROW, a distance of 100.06 feet, to a 3/8 inch | ||
capped iron rod found and stamped "RODEN 772-8150" for corner | ||
hereof, being the southwest corner of said 144.720 acre tract and | ||
lying in the east ROW line of said Union Pacific Railroad; | ||
THENCE N 78° 26' 04" W, leaving said 144.720 acre tract, over | ||
and across said railroad, a distance of 100.00 feet, to a 1/2 inch | ||
capped iron rod found and stamped "Walker Partners" for corner | ||
hereof, being the southeast corner of said 65.150 acre tract, being | ||
the beginning of a non-tangent curve to the left, having a central | ||
angle of 09° 25' 43", a radius of 2914.79 feet, and having a chord | ||
bearing S 7° 12' 10" W, a chord distance of 479.12 feet; | ||
THENCE Along said non-tangent curve to the left, passing at | ||
an approximate distance of 120 feet, the south ROW line of said FM | ||
2837 and the northeast corner of said 17.325 acre tract, and | ||
continuing for a total arc distance of 479.66 feet, to a 1/2 inch | ||
capped iron rod found and stamped "G. E. Walker" for corner hereof, | ||
being the southeast corner of said 17.325 acre tract; | ||
THENCE S 60° 52' 47" W, along the southeast line of said 17.325 | ||
acre tract, a distance of 744.49 feet, to a point for corner hereof, | ||
being the south corner of said 17.325 acres, also lying in the | ||
northeast ROW line of Houston Street (Variable width ROW); | ||
THENCE along the southwest lines of said 17.325 acre tract, | ||
the following four (4) courses and distances: | ||
1) N 30° 28' 33" W, a distance of 542.38 feet, to a 3/8 inch | ||
iron rod found for corner hereof, also lying in the northeast ROW | ||
line of said Houston Street; | ||
2) N 63° 10' 56" E, a distance of 151.88 feet, to a point for | ||
corner hereof; | ||
3) N 22° 53' 34" W, a distance of 907.25 feet, to a point for | ||
corner hereof, also lying in the east ROW line of Williams Road (80' | ||
wide ROW); | ||
4) N 66° 38' 13" E, along the east ROW of said Williams Road, | ||
a distance of 149.47 feet, to a point for corner hereof, being the | ||
northwest corner of said 17.325 acre tract, also lying at the | ||
beginning of a cutback of said FM 2837 south ROW line; | ||
THENCE N 61° 36' 59" E, over and across said FM 2837, a | ||
distance of 169.86 feet, to a point for corner hereof, lying in | ||
common line of said 65.150 acre tract and FM 2837 ROW, being the | ||
beginning of a non-tangent curve to the right, having a central | ||
angle of 05° 41' 41", a radius of 1,372.40 feet, and having a chord | ||
bearing N 26° 19' 32" W, a chord distance of 136.35 feet; | ||
THENCE along the common line of said FM 2837 and said 65.150 | ||
acre tract, the following two (2) courses and distances: | ||
1) Along said non-tangent curve to the right, an arc | ||
distance of 136.40 feet, to a TXDOT Type II Monument found at the | ||
end of said curve for corner hereof; | ||
2) N 23° 28' 30" W, a distance of 982.67 feet, to a 3/8 inch | ||
iron rod found for corner hereof, being the southerly common corner | ||
of said 65.150 acre and 31.91 acre tracts; | ||
THENCE N 59° 06' 45" E, along the common line of said 65.150 | ||
acre and 31.91 acre tracts, a distance of 1,360.66 feet, to a 1/2 | ||
inch capped iron rod found and stamped "1519" for corner hereof; | ||
THENCE N 50° 11' 21" W, leaving said common line, over and | ||
across said 31.91 acre tract, a distance of 649.11 feet, to a 1/2 | ||
inch capped iron rod found and stamped "1519" for corner hereof, | ||
lying in the common line of said 31.91 acre and 67.477 acre tracts; | ||
THENCE S 59° 05' 23" W, along said common line, passing at a | ||
distance of 1,066.46 feet, a 1/2 inch iron rod found for corner | ||
hereof, being the southerly common corner of said 31.91 and 67.477 | ||
acre tracts, also lying in the north ROW line of said FM 2837, | ||
continuing over and across said FM 2837, passing at an approximate | ||
distance of 121 feet, the east corner of said 9.607 acre tract, also | ||
lying in the south ROW line of said FM 2837, continuing along the | ||
southeast line of said 9.607 acre tract, for a total distance of | ||
1,620.59 feet, to a 5/8 inch iron rod found with a damaged cap for | ||
corner hereof, being the south corner of said 9.607 acre tract, also | ||
lying in the northeast ROW line of said Houston Street; | ||
THENCE N 22° 18' 00" W, along the southwest line of said 9.607 | ||
acre tract, a distance of 1,077.22 feet, to a 5/8 inch iron rod | ||
found with a damaged cap for corner hereof, being the west corner of | ||
said 9.607 acre tract, also lying in the northeast ROW line of said | ||
Houston Street; | ||
THENCE N 57° 53' 00" E, along the northwest line of said 9.607 | ||
acre tract, passing at an approximate distance of 316.6 feet, the | ||
north corner of said 9.607 acre tract, also lying in the south ROW | ||
line of said FM 2837, continuing over and across said FM 2837, for a | ||
total distance of 436.66 feet, to a 1/2 inch iron rod found for | ||
corner hereof, being the southwest corner of said 67.477 acre | ||
tract; | ||
THENCE along the northwest line of said 67.477 acre tract, | ||
the following three (3) courses and distances: | ||
1) N 58° 24' 35" E, a distance of 667.90 feet, to a 1/2 inch | ||
iron rod found with a damaged cap for corner hereof; | ||
2) N 59° 04' 47" E, a distance of 1,012.75 feet, to a 3/8 inch | ||
iron rod found for corner hereof; | ||
3) N 58° 24' 19" E, a distance of 1,131.68 feet, to an 8 inch | ||
wood corner post found for corner hereof, being the northwest | ||
corner of said 67.477 acre tract; | ||
THENCE S 37° 19' 56" E, along the northeast line of said 67.477 | ||
acre tract, a distance of 431.30 feet, to a 1/2 inch iron rod found | ||
for corner hereof, being the northeast corner of said 67.477 acre | ||
tract, also lying in the west ROW line of said Union Pacific | ||
Railroad; | ||
THENCE leaving said 67.477 acre tract, along the west ROW | ||
line of said railroad, the following three (3) courses and | ||
distances: | ||
1) N 03°50'13" E, a distance of 141.26 feet, to a point for | ||
corner hereof, being the beginning of a non-tangent curve to the | ||
right, having a central angle of 11° 51' 41", a radius of 5779.58 | ||
feet, and having a chord bearing N 09° 41' 11" E a chord distance of | ||
1,194.35 feet; | ||
2) Along said non-tangent curve to the right, an arc | ||
distance of 1,196.48 feet, to a point at the end of said curve for | ||
corner hereof; | ||
3) N 15° 40' 18" E, a distance of 887.46 feet, to a point for | ||
the northwest corner hereof; | ||
THENCE S 74° 19'42" E, over and across said railroad ROW, a | ||
distance of 100.00 feet, to the POINT OF BEGINNING, and containing | ||
441.17 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, 2021. |