Bill Text: TX SB2623 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the creation of the Denton County Municipal Management District No. 2; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-26 - Recommendations filed with the Senate [SB2623 Detail]
Download: Texas-2023-SB2623-Introduced.html
| 88R25370 MCF-F | ||
| By: Springer | S.B. No. 2623 | |
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| relating to the creation of the Denton County Municipal Management | ||
| District No. 2; 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 4001 to read as follows: | ||
| CHAPTER 4001. DENTON COUNTY MUNICIPAL MANAGEMENT DISTRICT NO. 2 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 4001.0101. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "County" means Denton County, Texas. | ||
| (3) "Director" means a board member. | ||
| (4) "District" means the Denton County Municipal | ||
| Management District No. 2. | ||
| Sec. 4001.0102. NATURE OF DISTRICT. The Denton County | ||
| Municipal Management District No. 2 is a special district created | ||
| under Section 59, Article XVI, Texas Constitution. | ||
| Sec. 4001.0103. 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 | ||
| 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 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 services provided in the | ||
| district. | ||
| Sec. 4001.0104. 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. 4001.0105. 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. 4001.0106. 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. 4001.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
| DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
| Chapter 375, Local Government Code, applies to the district. | ||
| Sec. 4001.0108. 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. 4001.0201. 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. 4001.0202. 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. 4001.0203. TEMPORARY 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 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 enacting 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 | ||
| may submit a petition to the commission 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. | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 4001.0301. GENERAL POWERS AND DUTIES. The district | ||
| has the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 4001.0302. 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. 4001.0303. 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. 4001.0304. LAW ENFORCEMENT SERVICES. To protect the | ||
| public interest, the district may contract with a qualified party, | ||
| including the county, to provide law enforcement services in the | ||
| district for a fee. | ||
| Sec. 4001.0305. 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. 4001.0306. 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. 4001.0307. 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. 4001.0308. 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. 4001.0309. 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. 4001.0310. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT. | ||
| Section 375.161, Local Government Code, does not apply to the | ||
| district. | ||
| Sec. 4001.0311. EMINENT DOMAIN. The district may exercise | ||
| the power of eminent domain in the manner provided by Section | ||
| 49.222, Water Code. | ||
| Sec. 4001.0312. 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 temporary 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 | ||
| 4001.0506 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. | ||
| SUBCHAPTER D. ASSESSMENTS | ||
| Sec. 4001.0401. 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. 4001.0402. 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. 4001.0501. 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. 4001.0502. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized by a majority of the district voters voting at an | ||
| election under Section 4001.0501, 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. 4001.0503. 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 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 improvements financed by an obligation issued under this | ||
| section will be conveyed to or operated and maintained by a | ||
| municipality or county or other retail utility provider pursuant to | ||
| an agreement with the district entered into before the issuance of | ||
| the obligation. | ||
| Sec. 4001.0504. 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. 4001.0505. BONDS SECURED BY AD VALOREM TAXES; | ||
| ELECTIONS. (a) If authorized at an election under Section | ||
| 4001.0501, 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. 4001.0506. 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 as | ||
| required by applicable law. | ||
| (b) This section applies only to the district's first | ||
| issuance of bonds payable from ad valorem taxes. | ||
| SUBCHAPTER I. DISSOLUTION | ||
| Sec. 4001.0901. DISSOLUTION. (a) The board shall dissolve | ||
| the district on written petition filed with the board by the owners | ||
| of: | ||
| (1) at least two-thirds of the assessed value of the | ||
| property subject to assessment by the district based on the most | ||
| recent certified county property tax rolls; or | ||
| (2) at least two-thirds of the surface area of the | ||
| district, excluding roads, streets, highways, utility | ||
| rights-of-way, other public areas, and other property exempt from | ||
| assessment by the district according to the most recent certified | ||
| county property tax rolls. | ||
| (b) The board by majority vote may dissolve the district at | ||
| any time. | ||
| (c) The district may not be dissolved by its board under | ||
| Subsection (a) or (b) if the district: | ||
| (1) has any outstanding 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 Denton County Municipal Management District | ||
| No. 2 initially includes all territory contained in the following | ||
| area: | ||
| TRACT I: | ||
| ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING | ||
| SITUATED IN THE B. WAY SURVEY, ABSTRACT NUMBER 1350, W. JOHNSON | ||
| SURVEY, ABSTRACT NUMBER 680, J. STEWART, ABSTRACT NUMBER 1199, | ||
| DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT DESCRIBED IN A DEED | ||
| TO CLEAR CREEK RIDGE, LLC, RECORDED IN VOLUME 5127, PAGE 1955, AND | ||
| VOLUME 5127, PAGE 1951, REAL PROPERTY RECORDS OF DENTON COUNTY, | ||
| TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||
| BEGINNING AT A 1/2 INCH IRON PIN FOUND AT THE SOUTHERN MOST | ||
| SOUTHEAST CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, | ||
| PAGE 1955 AND BEING ON THE WEST LINE OF A DEED TO F. JEFFERY CHARNEY, | ||
| RECORDED IN VOLUME 3035, PAGE 534, REAL PROPERTY RECORDS, DENTON | ||
| COUNTY, TEXAS, AND BEING ON THE NORTHERN MOST NORTHEAST CORNER OF A | ||
| TRACT DESCRIBED IN A DEED TO ROYAL WHITE JONES, RECORDED IN VOLUME | ||
| 1231, PAGE 701, DEED RECORDS, DENTON COUNTY, TEXAS; | ||
| THENCE NORTH 71 DEGREES 47 MINUTES 53 SECONDS WEST WITH THE | ||
| SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE | ||
| 1955, A DISTANCE OF 5542.39 FEET TO A 1/2 INCH IRON PIN SET AT THE | ||
| SOUTHERN MOST SOUTHWEST CORNER OF SAID CLEAR CREEK RIDGE TRACT IN | ||
| VOLUME 5127, PAGE 1955, AN INNER ELL CORNER OF A TRACT DESCRIBED IN | ||
| A DEED TO CASEY MARK HARRINGTON, RECORDED IN VOLUME 2031, PAGE 348, | ||
| REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; | ||
| THENCE NORTH WITH A WEST LINE OF SAID CLEAR CREEK RIDGE TRACT | ||
| IN VOLUME 5127, PAGE 1955, A DISTANCE OF 240.00 FEET TO A 1/2 INCH | ||
| IRON PIN SET AT A SOUTHWEST CORNER OF SAID CLEAR CREEK RIDGE TRACT | ||
| IN VOLUME 5127, PAGE 1955; | ||
| THENCE SOUTH 89 DEGREES 24 MINUTES 00 SECONDS EAST, A | ||
| DISTANCE OF 154.60 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER AT AN | ||
| INNER ELL CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, | ||
| PAGE 1955 AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO | ||
| MARY TOM CRAVENS CURNUTT, RECORDED IN VOLUME 2505, PAGE 298, REAL | ||
| PROPERTY RECORDS, DENTON COUNTY, TEXAS; | ||
| THENCE NORTH 15 DEGREES 54 MINUTES 04 SECONDS EAST WITH THE | ||
| WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955, | ||
| A DISTANCE OF 2222.30 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER; | ||
| THENCE SOUTH 82 DEGREES 47 MINUTES 03 SECONDS EAST WITH A | ||
| SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE | ||
| 1955, A DISTANCE OF 667.90 FEET TO A 1/2 INCH IRON PIN FOUND FOR | ||
| CORNER; | ||
| THENCE NORTH 56 DEGREES 22 MINUTES 21 SECONDS EAST WITH A | ||
| SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE | ||
| 1955, A DISTANCE OF 642.42 FEET TO A 1/2 INCH IRON PIN FOUND FOR | ||
| CORNER; | ||
| THENCE NORTH 50 DEGREES 04 MINUTES 04 SECONDS EAST WITH A | ||
| SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE | ||
| 1955, A DISTANCE OF 311.43 FEET TO A 1/2 INCH IRON PIN FOUND FOR | ||
| CORNER; | ||
| THENCE NORTH 36 DEGREES 03 MINUTES 57 SECONDS EAST WITH THE | ||
| WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955, | ||
| A DISTANCE OF 1119.19 FEET TO A 1/2 INCH IRON PIN FOUND FOR CORNER; | ||
| THENCE NORTH 26 DEGREES 07 MINUTES 18 SECONDS WEST WITH THE | ||
| WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955, | ||
| A DISTANCE OF 1390.50 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER; | ||
| THENCE NORTH 00 DEGREES 14 MINUTES 50 SECONDS EAST WITH THE | ||
| WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955, | ||
| A DISTANCE OF 913.00 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER ON | ||
| THE NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE | ||
| 1955, AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME | ||
| 5127, PAGE 1951; | ||
| THENCE NORTH 89 DEGREES 52 MINUTES 14 SECONDS WEST WITH A | ||
| NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955 | ||
| AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, | ||
| PAGE 1951, A DISTANCE OF 771.47 FEET TO A 1/2 INCH IRON PIN SET FOR | ||
| CORNER BEING ON A WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN | ||
| VOLUME 5127, PAGE 1951 AND AN EAST LINE OF A TRACT DESCRIBED IN A | ||
| DEED TO RAY HENGER, RECORDED IN VOLUME 4612, PAGE 567, REAL PROPERTY | ||
| RECORDS, DENTON COUNTY, TEXAS; | ||
| THENCE NORTH 00 DEGREES 46 MINUTES 29 SECONDS WEST WITH A WEST | ||
| LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1951 AND | ||
| AN EAST LINE OF SAID HENGER TRACT, A DISTANCE OF 1151.02 FEET TO A | ||
| 1/2 INCH IRON PIN SET FOR CORNER; | ||
| THENCE WITH CLEAR CREEK THE FOLLOWING FIFTY-FOUR (54) CALLS: | ||
| 1.) NORTH 55 DEGREES 38 MINUTES 38 SECONDS EAST, A DISTANCE | ||
| OF 110.80 FEET; | ||
| 2.) NORTH 51 DEGREES 23 MINUTES 04 SECONDS EAST, A DISTANCE | ||
| OF 278.21 FEET; | ||
| 3.) SOUTH 70 DEGREES 46 MINUTES 01 SECONDS EAST, A DISTANCE | ||
| OF 415.87 FEET; | ||
| 4.) SOUTH 40 DEGREES 58 MINUTES 38 SECONDS EAST, A DISTANCE | ||
| OF 604.83 FEET; | ||
| 5.) SOUTH 51 DEGREES 09 MINUTES 01 SECONDS EAST, A DISTANCE | ||
| OF 410.80 FEET; | ||
| 6.) SOUTH 37 DEGREES 53 MINUTES 33 SECONDS EAST, A DISTANCE | ||
| OF 82.37 FEET; | ||
| 7.) SOUTH 18 DEGREES 46 MINUTES 16 SECONDS EAST, A DISTANCE | ||
| OF 75.16 FEET; | ||
| 8.) SOUTH 05 DEGREES 46 MINUTES 16 SECONDS WEST, A DISTANCE | ||
| OF 49.39 FEET; | ||
| 9.) SOUTH 22 DEGREES 04 MINUTES 06 SECONDS WEST, A DISTANCE | ||
| OF 308.38 FEET; | ||
| 10.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A DISTANCE | ||
| OF 76.63 FEET; | ||
| 11.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A DISTANCE | ||
| OF 547.10 FEET; | ||
| 12.) SOUTH 46 DEGREES 12 MINUTES 54 SECONDS EAST, A DISTANCE | ||
| OF 174.23 FEET; | ||
| 13.) NORTH 86 DEGREES 27 MINUTES 32 SECONDS EAST, A DISTANCE | ||
| OF 417.50 FEET; | ||
| 14.) NORTH 53 DEGREES 53 MINUTES 06 SECONDS EAST, A DISTANCE | ||
| OF 225.22 FEET; | ||
| 15.) SOUTH 70 DEGREES 20 MINUTES 06 SECONDS EAST, A DISTANCE | ||
| OF 93.57 FEET; | ||
| 16.) SOUTH 54 DEGREES 37 MINUTES 57 SECONDS EAST, A DISTANCE | ||
| OF 330.11 FEET; | ||
| 17.) NORTH 64 DEGREES 44 MINUTES 37 SECONDS EAST, A DISTANCE | ||
| OF 674.49 FEET; | ||
| 18.) NORTH 84 DEGREES 14 MINUTES 43 SECONDS EAST, A DISTANCE | ||
| OF 100.20 FEET; | ||
| 19.) SOUTH 56 DEGREES 23 MINUTES 54 SECONDS EAST, A DISTANCE | ||
| OF 116.40 FEET; | ||
| 20.) SOUTH 06 DEGREES 22 MINUTES 27 SECONDS WEST, A DISTANCE | ||
| OF 228.98 FEET; | ||
| 21.) SOUTH 52 DEGREES 30 MINUTES 28 SECONDS WEST, A DISTANCE | ||
| OF 271.35 FEET; | ||
| 22.) SOUTH 87 DEGREES 06 MINUTES 16 SECONDS WEST, A DISTANCE | ||
| OF 326.84 FEET; | ||
| 23.) SOUTH 63 DEGREES 22 MINUTES 32 SECONDS WEST, A DISTANCE | ||
| OF 93.18 FEET; | ||
| 24.) SOUTH 19 DEGREES 39 MINUTES 44 SECONDS WEST, A DISTANCE | ||
| OF 274.65 FEET; | ||
| 25.) SOUTH 06 DEGREES 09 MINUTES 26 SECONDS EAST, A DISTANCE | ||
| OF 129.80 FEET; | ||
| 26.) SOUTH 59 DEGREES 41 MINUTES 10 SECONDS EAST, A DISTANCE | ||
| OF 155.04 FEET; | ||
| 27.) NORTH 61 DEGREES 09 MINUTES 15 SECONDS EAST, A DISTANCE | ||
| OF 459.27 FEET; | ||
| 28.) SOUTH 85 DEGREES 11 MINUTES 12 SECONDS EAST, A DISTANCE | ||
| OF 101.67 FEET; | ||
| 29.) SOUTH 50 DEGREES 11 MINUTES 20 SECONDS EAST, A DISTANCE | ||
| OF 160.52 FEET; | ||
| 30.) SOUTH 19 DEGREES 38 MINUTES 33 SECONDS EAST, A DISTANCE | ||
| OF 218.07 FEET; | ||
| 31.) SOUTH 08 DEGREES 39 MINUTES 06 SECONDS WEST, A DISTANCE | ||
| OF 110.67 FEET; | ||
| 32.) SOUTH 60 DEGREES 37 MINUTES 40 SECONDS WEST, A DISTANCE | ||
| OF 111.17 FEET; | ||
| 33.) NORTH 71 DEGREES 44 MINUTES 44 SECONDS WEST, A DISTANCE | ||
| OF 205.32 FEET; | ||
| 34.) NORTH 58 DEGREES 00 MINUTES 21 SECONDS WEST, A DISTANCE | ||
| OF 175.42 FEET; | ||
| 35.) SOUTH 60 DEGREES 53 MINUTES 09 SECONDS WEST, A DISTANCE | ||
| OF 81.38 FEET; | ||
| 36.) SOUTH 19 DEGREES 12 MINUTES 39 SECONDS EAST, A DISTANCE | ||
| OF 180.46 FEET; | ||
| 37.) SOUTH 31 DEGREES 27 MINUTES 36 SECONDS EAST, A DISTANCE | ||
| OF 348.51 FEET; | ||
| 38.) SOUTH 08 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE | ||
| OF 80.11 FEET; | ||
| 39.) SOUTH 44 DEGREES 00 MINUTES 08 SECONDS WEST, A DISTANCE | ||
| OF 157.91 FEET; | ||
| 40.) SOUTH 69 DEGREES 06 MINUTES 14 SECONDS WEST, A DISTANCE | ||
| OF 188.37 FEET; | ||
| 41.) SOUTH 03 DEGREES 39 MINUTES 31 SECONDS WEST, A DISTANCE | ||
| OF 190.40 FEET; | ||
| 42.) SOUTH 62 DEGREES 37 MINUTES 49 SECONDS EAST, A DISTANCE | ||
| OF 165.30 FEET; | ||
| 43.) NORTH 43 DEGREES 07 MINUTES 44 SECONDS EAST, A DISTANCE | ||
| OF 253.82 FEET; | ||
| 44.) NORTH 58 DEGREES 54 MINUTES 00 SECONDS EAST, A DISTANCE | ||
| OF 135.83 FEET; | ||
| 45.) SOUTH 34 DEGREES 09 MINUTES 46 SECONDS EAST, A DISTANCE | ||
| OF 149.30 FEET; | ||
| 46.) SOUTH 21 DEGREES 47 MINUTES 10 SECONDS WEST, A DISTANCE | ||
| OF 518.33 FEET; | ||
| 47.) SOUTH 20 DEGREES 01 MINUTES 56 SECONDS EAST, A DISTANCE | ||
| OF 329.19 FEET; | ||
| 48.) SOUTH 66 DEGREES 36 MINUTES 28 SECONDS EAST, A DISTANCE | ||
| OF 195.08 FEET; | ||
| 49.) SOUTH 87 DEGREES 31 MINUTES 31 SECONDS EAST, A DISTANCE | ||
| OF 403.76 FEET; | ||
| 50.) SOUTH 68 DEGREES 26 MINUTES 25 SECONDS EAST, A DISTANCE | ||
| OF 144.04 FEET; | ||
| 51.) SOUTH 03 DEGREES 41 MINUTES 33 SECONDS WEST, A DISTANCE | ||
| OF 91.78 FEET; | ||
| 52.) SOUTH 23 DEGREES 36 MINUTES 59 SECONDS WEST, A DISTANCE | ||
| OF 322.95 FEET; | ||
| 53.) SOUTH 39 DEGREES 05 MINUTES 30 SECONDS EAST, A DISTANCE | ||
| OF 167.15 FEET; | ||
| 54.) SOUTH 54 DEGREES 29 MINUTES 12 SECONDS EAST, A DISTANCE | ||
| OF 152.28 FEET TO A 1/2 INCH IRON PIN FOUND ON AN EAST LINE OF SAID | ||
| CLEAR CREEK RIDGE TRACT; | ||
| THENCE SOUTH 00 DEGREES 52 MINUTES 17 SECONDS EAST WITH AN | ||
| EAST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955, | ||
| A DISTANCE OF 3736.55 FEET TO THE POINT OF BEGINNING AND CONTAINING | ||
| IN ALL 535.703 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. (a) Section 4001.0311, 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 4001, Special | ||
| District Local Laws Code, as added by Section 1 of this Act, is | ||
| amended by adding Section 4001.0311 to read as follows: | ||
| Sec. 4001.0311. 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. | ||
