Bill Text: TX SB2613 | 2023-2024 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the creation of the Tabor Ranch Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Vetoed) 2023-06-16 - Vetoed by the Governor [SB2613 Detail]

Download: Texas-2023-SB2613-Introduced.html

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88R11841 MCF-F
By: Parker S.B. No. 2613

A BILL TO BE ENTITLED
relating to the creation of the Tabor Ranch Municipal Management
District; providing authority to issue bonds; providing authority
to impose assessments, fees, and taxes; granting a limited power of
eminent domain.
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 4000 to read as follows:
CHAPTER 4000. TABOR RANCH MUNICIPAL MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 4000.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Denton.
(3) "Director" means a board member.
(4) "District" means the Tabor Ranch Municipal
Management District.
Sec. 4000.0102. NATURE OF DISTRICT. The Tabor Ranch
Municipal Management District is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 4000.0103. 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. 4000.0104. 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. 4000.0105. 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
(4) legality or operation.
Sec. 4000.0106. 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. 4000.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 4000.0108. PRECONDITION. (a) The district may not
exercise any powers granted to the district by this chapter or other
law unless a development agreement between the city and the primary
landowner in the district 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,
has been executed.
(b) If a development agreement described by Subsection (a)
has not been executed before September 1, 2025, the board shall
dissolve the district in the manner provided by Subchapter I as soon
as possible after September 1, 2025.
Sec. 4000.0109. 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. 4000.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors who serve staggered
terms of four years.
(b) Directors are elected in the manner provided by
Subchapter D, Chapter 49, Water Code.
Sec. 4000.0202. COMPENSATION; EXPENSES. (a) The district
may compensate each director in an amount not to exceed $150 for
each board meeting. The total amount of compensation for each
director in one year may not exceed $7,200.
(b) A director is entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of the board.
Sec. 4000.0203. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
Pos. No. Name of Director
1 James Johnston
2 Felix Wong
3 Damian Perez
4 Buck Nguyen
5 Anna Stewart
(b) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2025, and
the terms of directors appointed for positions four and five expire
June 1, 2027.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 4000.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 4000.0302. 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 under 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. 4000.0303. 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. 4000.0304. 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. 4000.0305. 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. 4000.0306. 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. 4000.0307. 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. 4000.0308. 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. 4000.0309. 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. 4000.0310. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint initial directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(f) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(g) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(h) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
4000.0506 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
Sec. 4000.0311. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
Section 375.161, Local Government Code, does not apply to the
district.
Sec. 4000.0312. EMINENT DOMAIN. The district may exercise
the power of eminent domain in the manner provided by Section
49.222, Water Code.
SUBCHAPTER D. ASSESSMENTS
Sec. 4000.0401. 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. 4000.0402. 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. 4000.0501. TAX ELECTION REQUIRED. (a) 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.
(b) Section 375.243, Local Government Code, does not apply
to the district.
Sec. 4000.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 4000.0501, 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. 4000.0503. 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.
(c) The district may issue, by public or private sale,
bonds, notes, or other obligations payable wholly or partly from
assessments in the manner provided by Subchapter A, Chapter 372,
Local Government Code, if the improvement financed by the
obligation issued under this section will be conveyed to or
operated and maintained by a municipality or other retail utility
provider pursuant to an agreement with the district entered into
before the issuance of the obligation.
Sec. 4000.0504. 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. 4000.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
4000.0501, the district may issue bonds payable from ad valorem
taxes.
(b) 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.
(c) 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. 4000.0506. 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. 4000.0901. 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 subject to
assessment by the district of the property in 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 district may not be dissolved if the district:
(1) has any outstanding bonded or other indebtedness
until that bonded or other indebtedness has been repaid or defeased
in accordance with the order or resolution authorizing the issuance
of the bonded or other indebtedness;
(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 has contracted with
another party for the ownership and operation or maintenance of the
public works, facilities, or improvements.
(c) Section 375.262, Local Government Code, does not apply
to the district.
SECTION 2. The Tabor Ranch Municipal Management District
initially includes all territory contained in the following area:
BEING, 599.392 ACRES OF LAND LOCATED IN THE S. WINFREY SURVEY,
ABSTRACT NUMBER 1319, DENTON COUNTY, TEXAS, BEING ALL OF THE TABOR
RANCH, LLC. CALLED 105.888 ACRE TRACT, ALL OF THE TABOR RANCH, LLC.
CALLED 21 ACRE TRACT, ALL OF THE TABOR RANCH, LLC. CALLED 52.437
ACRE TRACT, ALL OF THE TABOR RANCH, LLC. CALLED 177-1/2 ACRE TRACT
AND ALL OF THE TABOR RANCH, LLC. CALLED 173.93 ACRE TRACT AS
DESCRIBED IN DOCUMENT NUMBER 2010-12029 DEED RECORDS DENTON COUNTY,
TEXAS (D.R.D.C.T.), AND BEING A PART OF THE CALLED 70.892 ACRE
TRACT, DESCRIBED IN A DEED TO BEALL LEGACY PARTNERS, LP, RECORDED IN
INSTRUMENT NUMBER 148598, (D.R.D.C.T.) AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS BY METES AND BOUNDS:
BEGINNING AT A 1/2" IRON ROD FOUND IN THE APPROXIMATE INTERSECTION
OF THE CENTERLINE OF GEORGE OWENS (NO RECORD FOUND BY SURVEYOR) AND
THE SOUTH LINE OF OLD STONEY ROAD (NO RECORD FOUND BY SURVEYOR), IN
THE NORTH LINE OF THE BRYAN ANDERSON CALLED 125 ACRE TRACT RECORDED
IN VOLUME 358, PAGE 88 (D.R.D.C.T.) AND AT THE SOUTHEAST CORNER OF
SAID 52.437 ACRE TRACT);
THENCE SOUTH 89 DEGREES 53 MINUTES 21 SECONDS WEST, AT A DISTANCE OF
1710.80 FEET PASS A 1/2" IRON ROD FOUND IN THE SOUTH LINE OF SAID OLD
STONEY ROAD, AT THE NORTHWEST CORNER OF SAID 125 ACRE TRACT AND
BEING THE COMMON NORTHEAST CORNER OF THE FRED E. KENNEDY AND MARSHA
A. KENNEDY, CALLED 5.322 ACRE TRACT RECORDED IN INSTRUMENT NUMBER
1993-42458 (D.R.D.C.T.) CONTINUING ALONG THE SOUTH LINE OF OLD
STONEY ROAD AND THE NORTH LINE OF SAID 5.322 A TOTAL DISTANCE OF
1792.00 FEET TO A 1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET AT
THE SOUTHWEST CORNER OF SAID 52.437 ACRE TRACT SAME BEING THE COMMON
SOUTHEAST CORNER OF SAID 177-1/2 ACRE TRACT;
THENCE SOUTH 89 DEGREES 48 MINUTES 14 SECONDS WEST CONTINUING ALONG
THE SOUTH LINE OF SAID OLD STONEY ROAD, THE NORTH LINE OF SAID 5.322
ACRE TRACT, THE NORTH LINE OF THE MORADI ADDITION, AN ADDITION
RECORDED IN CABINET D, PAGE 69 PLAT RECORDS DENTON COUNTY, TEXAS,
THE NORTH LINE OF THE ANDREA BENNINGTON CALLED 5.286 ACRE TRACT
RECORDED IN VOLUME 5166, PAGE 3845 (D.R.D.C.T.), AND THE NORTH LINE
OF THE CAROL THOMAS CALLED 100 ACRE TRACT RECORDED IN DOCUMENT
NUMBER 95-0027698 (D.R.D.C.T.), A DISTANCE OF 1780.41 FEET TO A
1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET AT THE SOUTHWEST
CORNER OF SAID 177-1/2 ACRE TRACT FROM WHICH AN AXLE FOUND IN THE
SOUTH LINE OF SAID OLD STONEY ROAD, AT THE NORTHWEST CORNER OF SAID
100 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF THE PAUL S. NULL
AND JULIE K. NULL CALLED 4.005 ACRE TRACT RECORDED IN VOLUME 4186,
PAGE 315, (D.R.D.C.T.) BEARS SOUTH 89 DEGREES 48 MINUTES 14 SECONDS
WEST, A DISTANCE OF 1018.37 FEET;
THENCE NORTH 00 DEGREES 11 MINUTES 46 SECONDS WEST, ALONG THE WEST
LINE OF SAID 177-1/2 ACRE TRACT A DISTANCE OF 50.33 FEET TO A 3/8
IRON ROD FOUND (SLICK) IN THE NORTH LINE OF SAID OLD STONEY ROAD AND
AT THE SOUTHEAST CORNER OF SAID 173.93 ACRE TRACT;
THENCE SOUTH 89 DEGREES 55 MINUTES 21 SECONDS WEST ALONG THE SAID
NORTH LINE OF OLD STONEY ROAD A DISTANCE OF 1819.38 FEET TO A PIPE
FENCE CORNER (WITH FLAGGING) FOUND AT THE SOUTHWEST CORNER OF SAID
173.93 ACRE TRACT, SAME BEING THE COMMON SOUTHEAST CORNER OF THE J.
YOUNG LAND & CATTLE, LTD CALLED 153.86 ACRE TRACT RECORDED IN
INSTRUMENT NUMBER 2003-203076 (D.R.D.C.T.);
THENCE NORTH 00 DEGREES 02 MINUTES 53 SECONDS EAST, A DISTANCE OF
4165.36 FEET TO A 60D NAIL (FLAGGED) FOUND IN THE SOUTH LINE OF THE
DANIEL ROBERSON BYPASS TRUST SCHOOLFIELD CALLED 174.14 AC TRACT
RECORDED IN VOLUME 297, PG. 412 AT THE NORTHWEST CORNER OF SAID
173.93 ACRE TRACT SAME BEING THE COMMON NORTHEAST CORNER OF SAID
153.86 ACRE TRACT;
THENCE NORTH 89 DEGREES 45 MINUTES 22 SECONDS EAST, A DISTANCE OF
1818.76 FEET TO A 1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET IN
THE WEST LINE OF SAID 177-1/2 ACRE TRACT AT THE NORTHEAST CORNER OF
SAID 173.93 ACRE TRACT SAME BEING THE COMMON SOUTHEAST CORNER OF
SAID 174.14 ACRE TRACT;
THENCE NORTH 00 DEGREES 12 MINUTES 29 SECONDS EAST, A DISTANCE OF
153.04 FEET TO A 1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET IN
THE EAST LINE OF SAID 174.14 ACRE TRACT AT THE NORTHWEST CORNER OF
SAID 177-1/2 ACRE TRACT, AND BEING THE COMMON SOUTHWEST CORNER OF
THE RK & RK INVESTMENTS, INC. CALLED 79 ACRE TRACT RECORDED IN
INSTRUMENT NUMBER 2018-99798 (D.R.D.C.T.);
THENCE SOUTH 89 DEGREES 47 MINUTES 31 SECONDS EAST, A DISTANCE OF
1793.00 FEET TO A 5/8" IRON ROD FOUND AT THE SOUTHEAST CORNER OF
SAID 79 ACRE TRACT, SAME BEING THE COMMON NORTHEAST CORNER OF SAID
177-1/2 ACRE TRACT, THE COMMON NORTHWEST CORNER OF SAID 105.888
ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF SAID 70.892 ACRE
TRACT;
THENCE NORTH 00 DEGREES 11 MINUTES 14 SECONDS EAST ALONG THE WEST
LINE OF SAID 70.892 ACRE TRACT AND THE COMMON EAST LINE OF SAID 79
ACRE TRACT, A DISTANCE OF 1670.02 FEET TO A A 1/2" IRON ROD WITH CAP
STAMPED "ONEAL 6570" SET AT THE SOUTHWEST CORNER OF A CALLED 4.4425
ACRE TRACT DESCRIBED IN A DEED TO THE STATE OF TEXAS, RECORDED IN
INSTRUMENT NUMBER 2008-33229, (D.R.D.C.T.), AND BEING THE SOUTH
RIGHT-OF-WAY LINE OF US HIGHWAY 380;
THENCE SOUTH 87 DEGREES 16 MINUTES 24 SECONDS EAST, ALONG THE SOUTH
RIGHT-OF-WAY LINE, A DISTANCE OF 1798.32 FEET TO A PK NAIL SET AT
THE SOUTHEAST CORNER OF SAID 4.4425 ACRE TRACT AND BEING IN THE EAST
LINE OF SAID 70.892 ACRE TRACT, AND BEING WITHIN GEORGE OWENS ROAD.
THENCE SOUTH 00 DEGREES 58 MINUTES 08 SECONDS WEST, ALONG THE EAST
LINE OF SAID 70.892 ACRE TRACT, A DISTANCE OF 1592.60 FEET TO 1/2"
IRON ROD WITH YELLOW CAP STAMPED "METROPLEX 1849" FOUND AT THE
SOUTHEAST CORNER OF SAID 70.892 ACRE TRACT, AND BEING INN THE NORTH
LINE OF SAID 105.888 ACRE TRACT;
THENCE SOUTH 89 DEGREES 44 MINUTES 46 SECONDS EAST, ALONG THE NORTH
LINE OF SAID 105.888 ACRE TRACT, A DISTANCE OF 19.16 FEET TO A 1/2"
IRON ROD WITH CAP STAMPED "ONEAL 6570" SET IN THE APPROXIMATE
CENTERLINE OF SAID GEORGE OWENS ROAD, SAME BEING THE WEST LINE OF
THE FONDER PROPERTIES, LLC CALLED 104.290 ACRE TRACT RECORDED IN
INSTRUMENT NUMBER 12243 (D.R.D.C.T.) AND BEING AT THE NORTHEAST
CORNER OF SAID 105.888 ACRE TRACT;
THENCE SOUTH 00 DEGREES 14 MINUTES 19 SECONDS WEST ALONG THE EAST
LINE OF SAID 105.888 ACRE TRACT SAME BEING THE COMMON WEST LINE OF
SAID 104.290 ACRE TRACT AND THE COMMON WEST LINE OF THE JOE B.
TINDLE AND WIFE ORLAN TINDLE CALLED 272.67 ACRE TRACT RECORDED IN
VOLUME 616, PAGE 338, (D.R.D.C.T.), A DISTANCE OF 3075.71 FEET TO A
1/2" IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID 105.888 ACRE
TRACT SAME BEING THE COMMON NORTHEAST CORNER OF THE SAID 52.437 ACRE
TRACT;
THENCE SOUTH 00 DEGREES 13 MINUTES 28 SECONDS WEST, CONTINUING
ALONG THE EAST LINE OF SAID 52.437 ACRE TRACT AND THE COMMON WEST
LINE OF SAID 272.67 ACRE TRACT, A DISTANCE OF 1274.32 FEET TO THE
POINT OF BEGINNING AND CONTAINING 599.392 ACRES OF LAND, MORE OF
LESS BEARINGS RECITED HEREIN ARE BASED UPON THE TEXAS COORDINATE
SYSTEM OF 1983 (2011), NORTH CENTRAL ZONE (4202).
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. (a) Section 4000.0312, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 4000, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 4000.0312 to read as follows:
Sec. 4000.0312. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SECTION 5. 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, 2023.