Bill Text: TX SR710 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Suspending limitations on conference committee jurisdiction, H.B. No. 5344.

Sponsorship: Partisan Bill (Republican 1)

Status: (Passed) 2023-05-28 - Reported enrolled [SR710 Detail]

Download: Texas-2023-SR710-Enrolled.html

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By: Creighton S.R. No. 710

SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 88th
Legislature, Regular Session, 2023, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill 5344 (the eligibility of certain retired
firefighters, police officers, and emergency medical services
providers to purchase continued health benefits coverage; the
creation of certain special purpose districts and the name,
powers, and duties of the 3 B&J Municipal Utility District;
granting a limited power of eminent domain; providing authority
to issue bonds; providing authority to impose assessments, fees,
and taxes) to consider and take action on the following matters:
(1) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill by adding the following new
SECTIONS to the bill:
SECTION 1. Section 175.001, Local Government Code, is
amended to read as follows:
Sec. 175.001. APPLICABILITY. (a) In this section,
"township" means a special district with territory that only
includes a census designated place, as designated by the United
States Bureau of the Census.
(b) This chapter applies to a person who:
(1) retires from:
(A) county employment in a county with a
population of 75,000 or more;
(B) employment by an appraisal district in a
county with a population of 75,000 or more;
(C) municipal employment in a municipality
with a population of 25,000 or more; [or]
(D) employment as a firefighter or emergency
medical services provider by an emergency services district
located wholly or partly in a county with a population of 150,000
or more; or
(E) employment as a firefighter, police
officer, or emergency medical services provider by a township
with a population of 110,000 or more; and
(2) is entitled to receive retirement benefits from
a county, appraisal district, or municipal retirement plan, [or]
emergency services district, or township.
SECTION 2. (a) 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(b) of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section
2(b) 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(b) 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.
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.
(b) 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.
(c) Section 4001.0311, Special District Local Laws Code,
as added by Subsection (a) of this section, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(d) If the Act enacting this section 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 Subsection (a) of this section, 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 4. (a) Subtitle F, Title 6, Special District
Local Laws Code, is amended by adding Chapter 7962 to read as
follows:
CHAPTER 7962. JARRELL ESTATES MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7962.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Jarrell Estates Municipal
Utility District No. 1.
Sec. 7962.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article
XVI, Texas Constitution.
Sec. 7962.0103. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7962.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7962.0103 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.
Sec. 7962.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and
benefit.
(b) The district is created to accomplish the purposes
of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution,
that relate to the construction, acquisition, improvement,
operation, or maintenance of macadamized, graveled, or paved
roads, or improvements, including storm drainage, in aid of those
roads.
Sec. 7962.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 4(b) of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section
4(b) of the Act enacting this chapter form a closure. A mistake
made 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 bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7962.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7962.0202, directors
serve staggered four-year terms.
Sec. 7962.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Jake Newman;
(2) Davis Craig;
(3) Brad Harwick;
(4) LouAnn Covington; and
(5) Stephen Fowler.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7962.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7962.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7962.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the
district 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. 7962.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes
for which the district is created.
Sec. 7962.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water
Code, applicable to municipal utility districts created under
Section 59, Article XVI, Texas Constitution.
Sec. 7962.0303. AUTHORITY FOR ROAD PROJECTS. Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, or a
municipality for operation and maintenance macadamized,
graveled, or paved roads, or improvements, including storm
drainage, in aid of those roads.
Sec. 7962.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate
limits or extraterritorial jurisdiction of a municipality, the
road project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in
which the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7962.0305. COMPLIANCE WITH MUNICIPAL REGULATIONS.
Any water, sanitary sewer, road, drainage, or other
infrastructure or public facilities constructed, acquired,
improved, maintained, or operated by the district shall comply
with any subdivision or other applicable regulations of any
municipality in whose corporate limits or extraterritorial
jurisdiction the infrastructure or public facilities are located
unless other regulations are specified in a development
agreement between the district and the municipality.
Sec. 7962.0306. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of
land in the district.
Sec. 7962.0307. 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 4(b) 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) The board may adopt an order dividing the district
before or after the date the board holds an election under
Section 7962.0103 to confirm the district's creation.
(f) An order dividing the district shall:
(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.
(g) 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 commission and record the order in the real
property records of each county in which the district is located.
(h) Any new district created by the division of the
district shall hold a confirmation and directors' election as
required by Section 7962.0103. If the voters of a new district do
not confirm the creation of the new district, the assets,
obligations, territory, and governance of the new district
revert to the original district.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Municipal consent to the creation of the district and
to the inclusion of land in the district granted under Section
7962.0104 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.
(k) 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.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7962.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section
7962.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter
approval before the district may impose an ad valorem tax or
issue bonds payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad
valorem taxes to finance a road project unless the issuance is
approved by a vote of a two-thirds majority of the district
voters voting at an election held for that purpose.
Sec. 7962.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7962.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may
not exceed the rate approved at the election.
(c) Section 49.107(f), Water Code, does not apply to
reimbursements for projects constructed or acquired under
Section 7962.0303.
Sec. 7962.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other
than an operation and maintenance tax and use the revenue derived
from the tax to make payments under a contract after the
provisions of the contract have been approved by a majority of
the district voters voting at an election held for that purpose.
(b) A contract approved by the district voters may
contain a provision stating that the contract may be modified or
amended by the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7962.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or
any combination of those sources, to pay for any authorized
district purpose.
Sec. 7962.0502. TAXES FOR BONDS. 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 ad valorem tax, without limit as to rate or amount, while
all or part of the bonds are outstanding as required and in the
manner provided by Sections 54.601 and 54.602, Water Code.
Sec. 7962.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other
obligations issued or incurred to finance road projects and
payable from ad valorem taxes may not exceed one-fourth of the
assessed value of the real property in the district.
(b) The Jarrell Estates Municipal Utility District No. 1
initially includes all the territory contained in the following
area:
(a) BEGINNING: At a 2" pipe post found in the North line
of County Road 232 for the lower Southeast corner of a 649.53 Acre
Tract (Document #2004074055, Official Public Records, described
in Volume 2520, Page 200 and Volume 2598, Page 457, Official
Public Records) and an exterior corner of said 3072.64 Acre Tract
and of this tract from which a 2" pipe post found in the South
line of said county road for the Northwest corner of a 48.65 Acre
Tract (surveyed March 10, 2022) bears S 00° 18' 48" W 56.15 feet;
THENCE: Along a fence with the lower East line of said
649.53 Acre Tract and a West line of said 3072.64 Acre Tract and
of this tract as follows:
N 04° 31' 43" W 735.20 feet to a 3" pipe post found for an
angle point;
N 10° 51' 27" W 14.01 feet to a 3" pipe post found for an
interior corner of said 649.53 Acre Tract and an exterior corner
of said 3072.64 Acre Tract and of this tract;
THENCE: Along a fence with the upper South line of said
649.53 Acre Tract and a North line of said 3072.64 Acre Tract and
of this tract as follows:
N 65° 24' 32" E 680.46 feet to a 2" pipe post found for an
angle point;
N 65° 28' 50" E 651.69 feet to a 2" pipe post found for an
angle point;
N 68° 01' 01" E 2635.82 feet to a 100D nail set for the
Southeast corner of said 649.53 Acre Tract and an interior corner
of said 3072.64 Acre Tract and of this tract;
THENCE: Along a fence with the East line of Abstract
No. 358, Survey No. 1, and said 649.53 Acre Tract, the lower East
line of a 1209.24 Acre Tract (Document #2014012037, Official
Public Records), the West line of Survey No. 21, and the upper
West line of said 3072.64 Acre Tract and of this tract as follows:
N 21° 16' 42" W 2553.70 feet to a 2" pipe post found for an
angle point;
N 21° 14' 51" W 877.13 feet to a steel post found for an
angle point;
N 20° 54' 03" W 2216.78 feet to a 3" pipe post found for the
Northeast corner of said 649.53 Acre Tract and an angle point of
this tract;
S 69° 04' 53" W 13.57 feet with the North line of said
649.53 Acre Tract to a 3" pipe post found for the Southeast corner
of said 1209.24 Acre Tract and an angle point of this tract;
N 20° 05' 30" W 1230.33 feet to a 2" pipe post found for an
interior corner of said 1209.24 Acre Tract and the upper
Northwest corner of said 3072.64 Acre Tract and of this tract;
THENCE: Along a fence with the upper South line of said
1209.24 Acre Tract, the South line of a 5611 Acre Tract (Volume
365, Page 115, Deed Records) and the North line of said 3072.64
Acre Tract and of this tract as follows:
N 68° 20' 52" E 277.73 feet to a 1/2" iron pin found by 10"
cedar post for the upper Southeast corner of said 1209.24 Acre
Tract, the upper Southwest corner of said 5611 Acre Tract, and an
angle point of this tract;
N 68° 26' 45" E 5079.62 feet to a 2" pipe post found for an
angle point;
S 86° 22' 04" E 411.00 feet to a 1/2" iron pin found by 6"
cedar post for an interior corner of said 5611 Acre Tract and the
upper Northeast corner of this tract;
S 20° 51' 48" E 2076.49 feet to a 5/8" iron pin found by 3"
pipe post for an exterior corner of said 5611 Acre Tract and an
interior corner of this tract;
N 69° 23' 59" E 1379.50 feet to a 3" pipe post found for an
interior corner of said 5611 Acre Tract and an exterior corner of
this tract;
S 21° 50' 49" E 1736.87 feet to a 3" pipe post found for an
angle point;
S 20° 41' 55" E 1761.43 feet to a 3" pipe post found for the
lower Southwest corner of said 5611 Acre Tract, an interior
corner of said 3072.64 Acre Tract, an exterior corner of a
1205.00 Acre Tract (this day surveyed), and an angle point of
this tract;
S 21° 05' 42" E 540.16 feet into said 3072.64 Acre Tract to
a 5/8" iron pin set for an interior corner of said 1205.00 Acre
Tract and the upper Southeast corner of this tract;
THENCE: S 68° 43' 40" W 5320.62 feet to a 5/8" iron pin set
for the Northwest corner of said 1205.00 Acre Tract and an
interior corner of this tract;
THENCE: S 21° 02' 32" E 5182.49 feet, at 2584.32 feet pass a
5/8" iron pin set for an angle point of said 1205.00 Acre Tract
and the upper Northwest corner of a 514.30 Acre Tract (this day
surveyed), continuing to a 5/8" iron pin set for an interior
corner of said 514.30 Acre Tract and an exterior corner of this
tract;
THENCE: S 68° 57' 28" W 1870.94 feet to a 5/8" iron pin set
for the lower Northwest corner of said 514.30 Acre Tract and the
lower Southwest corner of this tract;
THENCE: N 20° 44' 59" W 1603.97 feet along a fence with the
East line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458,
Page 859, Deed Records) and the West line of Survey No. 21 to a
1/2" iron pin found by 10" cedar post for the Northeast corner of
Survey No. 13 and said 195.5 Acre Tract, the Southeast corner of
Abstract No. 358, and an interior corner of said 3072.64 Acre
Tract and of this tract;
THENCE: S 68° 20' 05" W 3102.03 feet along a fence with the
North line of Survey No. 13 and the South line of Abstract
No. 358 to a 6" cedar post found for an exterior corner of said
3072.64 Acre Tract and of this tract;
THENCE: Along a fence with the East line of said county
road and a West line of said 3072.64 Acre Tract and of this tract
passing 2" pipe posts found as follows:
N 32° 07' 47" W 379.77 feet to an angle point;
N 33° 01' 44" W 321.50 feet to an angle point;
N 50° 45' 25" W 315.12 feet to an angle point;
N 41° 41' 33" W 368.36 feet to an angle point;
N 17° 54' 39" W 267.13 feet to an angle point;
N 22° 26' 20" W 168.35 feet to an angle point;
N 46° 44' 55" W 100.13 feet to an angle point;
N 71° 41' 21" W 102.15 feet to an angle point;
N 81° 36' 11" W 539.79 feet to the POINT OF BEGINNING.
(b) BEGINNING: At a 5/8" iron pin set under fence in the
West line of a 673.33 Acre Tract (Document #2021159264, Official
Public Records) and the lower East line of said 3072.64 Acre
Tract for the lower Southeast corner of a 1205.00 Acre Tract
(this day surveyed) and the lower Northeast corner of this tract
from which a 1/2" iron pin found for an angle point of said
1205.00 Acre Tract bears N 20° 43' 12med" W 159.01 feet;
THENCE: Along a fence with the West line of said 673.33
Acre Tract and the lower East line of said 3072.64 Acre Tract and
of this tract as follows:
S 20° 43' 10" E 519.72 feet to a 1/2" iron pin found for an
angle point;
S 12° 01' 50" E 291.83 feet to a 5/8" iron pin found for an
interior corner of said 673.33 Acre Tract, an exterior corner of
said 3072.64 Acre Tract, and the upper Southeast corner of this
tract;
THENCE: Along a fence with the North line of Survey No. 20,
the lower North line of said 673.33 Acre Tract, and the North line
of a 30-foot Nature Trail of Spear's Ranch on Salado Creek
Section One (Cabinet T, Slides 209 thru 223, Plat Records), and
the South line of Survey No. 21, and a South line of this tract as
follows:
S 69° 56' 54" W 252.66 feet to a 1/2" iron pin found by 3"
pipe post for the lower Northwest corner of said 673.33 Acre
Tract, the Northeast corner of said nature trail, and an angle
point of this tract;
S 69° 04' 11" W 416.61 feet to an angle point;
S 69° 08' 40" W 1831.06 feet to an angle point;
S 68° 48' 01" W 760.40 feet to an angle point;
S 67° 55' 49" W 1390.64 feet to an angle point;
S 69° 24' 50" W 1554.14 feet to a 2" pipe post found for the
Northwest corner of said nature trail, the Northeast corner of
said 67.66 Acre Tract, and an interior corner of this tract;
THENCE: Along a fence with the West line of said nature
trail, the East line of said 67.66 Acre Tract, and the lower East
line of this tract as follows:
S 02° 25' 02" E 30.04 feet to a 1/2" iron pin found by 26"
Live Oak tree for an angle point;
S 26° 21' 04" E 218.30 feet to a 3/8" iron pin found for an
angle point;
S 26° 19' 50" E 456.50 feet to a 3/8" iron pin found by 16"
Live Oak tree for an angle point;
S 25° 01' 14" E 305.56 feet to an 18" Oak tree found for an
angle point;
S 21° 39' 46" E 165.35 feet to a 3/8" iron pin found for an
angle point;
S 16° 12' 10" E 339.66 feet to an 18" Cedar tree found for an
angle point;
S 14° 12' 03" E 533.49 feet to a 1/2" iron pin found by 18"
Oak tree for an angle point;
S 19° 05' 16" E 202.66 feet to a 3/8" iron pin found by 12"
Live Oak for an angle point;
S 14° 09' 26" E 650.74 feet to a 3/8" iron pin found by 4"
cedar post for an angle point;
S 15° 16' 20" E 383.91 feet to a 10" cedar post found for the
Northeast corner of the remainder of a 2161.001 Acre Tract
(Document #2000028918, Official Public Records), the Southeast
corner of said 67.66 Acre Tract, and the lower Southeast corner
of this tract;
THENCE: S 71° 03' 19" W 770.90 feet along a fence to a 1/2"
iron pin found by 10" creosote post for the Northwest corner of
the remainder of said 2161.001 Acre Tract, the Southwest corner
of said 67.66 Acre Tract, and the lower Southwest corner of this
tract;
THENCE: N 21° 37' 35" W 1396.02 feet along a fence with the
East line of Survey No. 13 and a 106.95 Acre Tract (Volume 2255,
Page 742, Official Public Records) and the West line of Survey
No. 20 to a 1/2" iron pin found by 8" creosote post for the
Northeast corner of said 106.95 Acre Tract, an angle point of
said 67.66 Acre Tract, an exterior corner of said 3072.64 Acre
Tract, and an interior corner of this tract;
THENCE: Along a fence with the North line of said 106.95
Acre Tract and a South line of said 3072.64 Acre Tract and of this
tract as follows:
S 68° 18' 48" W 1267.81 feet to a 1/2" iron pin found for an
angle point;
S 76° 37' 01" W 136.62 feet to a 40D nail found by Elm for an
angle point;
S 83° 29' 14" W 102.48 feet to a 40D nail found by Elm for an
angle point;
N 61° 35' 19" W 10.73 feet to a 6" cedar post found for an
angle point;
N 87° 05' 38" W 119.71 feet to a 1/2" iron pin found by 2"
pipe post for an angle point;
S 06° 13' 12" E 175.36 feet to a 1/2" iron pin found by 2"
pipe post for an angle point;
S 56° 36' 48" W 75.04 feet to a 1/2" iron pin found for an
angle point;
S 44° 41' 09" W 113.47 feet to a 2" pipe post found for an
angle point;
S 42° 07' 36" W 152.96 feet to a 5/8" iron pin set for the
Northwest corner of said 106.95 Acre Tract and an exterior corner
of said 3072.64 Acre Tract and of this tract;
THENCE: Along a fence with the East line of County Road 232
and a West line of said 3072.64 Acre Tract and of this tract as
follows:
N 19° 17' 35" E 134.40 feet to an angle point;
N 24° 00' 25" W 138.58 feet to an angle point;
N 38° 19' 18" W 658.87 feet to a 1/2" iron pin found by 2"
pipe post for an angle point;
N 39° 31' 29" W 250.06 feet, at 51.76 feet pass the South
terminus of a 50-foot Road Easement (this day surveyed),
continuing to an angle point;
N 44° 04' 25" W 261.31 feet to an angle point;
N 44° 10' 37" W 593.32 feet to a 2" pipe post found for an
angle point;
N 14° 32' 04" W 211.93 feet to an angle point;
N 04° 30' 47" W 470.65 feet to a 1/2" iron pin found in the
South line of a 195.5 Acre Tract (Volume 2458, Page 859, Deed
Records) and an exterior corner of said 3072.64 Acre Tract and of
this tract;
THENCE: N 68° 15' 37" E 2341.32 feet along a fence to a 10"
cedar post found for the Southeast corner of said 195.5 Acre
Tract and an interior corner of said 3072.64 Acre Tract and of
this tract;
THENCE: N 20° 44' 59" W 702.86 feet along a fence with the
East line of Survey No. 13 and said 195.5 Acre Tract and the West
line of Survey No. 21 and said 3072.64 Acre Tract to a 5/8" iron
pin set for an exterior corner of a 1419.57 Acre Tract (this day
surveyed) and the lower Northwest corner of this tract;
THENCE: Crossing said 3072.64 Acre Tract with the North
line of this tract as follows:
N 68° 57' 28" E 1870.94 feet to a 5/8" iron pin set for the
lower Southeast corner of said 1419.57 Acre Tract and an interior
corner of this tract;
N 21° 02' 32" W 2598.17 feet with the lower East line of
said 1419.57 Acre Tract to a 5/8" iron pin set for an angle point
of said 1205.00 Acre Tract and the upper Northwest corner of this
tract;
Continuing with the North line of this tract and the South
line of said 1205.00 Acre Tract as follows:
S 64° 48' 25" E 1376.79 feet, at 618.20 feet pass the North
terminus of said road easement, continuing to a 5/8" iron pin set
for an angle point;
N 72° 00' 34" E 2659.37 feet to a 5/8" iron pin set for an
interior corner of said 1205.00 Acre Tract and the upper
Northeast corner of this tract;
S 20° 22' 11" E 1911.75 feet to a 5/8" iron pin set for the
Southwest corner of said 1205.00 Acre Tract and an interior
corner of this tract;
N 67° 49' 03" E 1727.05 feet to the POINT OF BEGINNING.
(c) BEGINNING: At a 1/2" iron pin found in the West line
of County Road 232 and the South line of a 195.5 Acre Tract
(Volume 2458, Page 859, Deed Records) for the Northeast corner of
this tract from which a 1/2" iron pin found in the East line of
said county road for an exterior corner of a 514.30 Acre Tract
(this day surveyed) bears N 68° 50' 18" E 54.24 feet;
THENCE: With the West line of said road and the East line
of this tract passing 1/2" iron pins found as follows:
S 04° 49' 16" E 455.90 feet to an angle point;
S 14° 52' 48" E 238.88 feet to an angle point;
S 44° 15' 55" E 602.34 feet to an angle point;
S 44° 13' 37" E 256.82 feet to an angle point;
S 39° 27' 01" E 248.02 feet to an angle point;
S 38° 18' 33" E 658.46 feet to an angle point;
S 24° 31' 17" E 109.18 feet to a 1/2" iron pin found for the
Southeast corner of this tract;
THENCE: With the North line of said county road and the
South line of this tract as follows:
S 18° 59' 07" W 95.53 feet to a 5/8" iron pin set for an
angle point;
S 44° 19' 36" W 271.53 feet to a 5/8" iron pin set for an
angle point;
S 43° 01' 41" W 369.83 feet to a 1/2" iron pin found for an
angle point;
S 42° 33' 02" W 219.62 feet to a 1/2" iron pin found for an
angle point;
S 04° 07' 18" W 76.42 feet to a 5/8" iron pin set for an
angle point;
S 37° 56' 47" W 139.57 feet, at 79.09 feet pass a found 2"
pipe post, continuing to the Southwest corner of this tract;
THENCE: Along the center of North Salado Creek with the
East line of a 12.00 Acre Tract (Document #2020075231, Official
Public Records) and a 124.74 Acre Tract (Document #2016095553,
Official Public Records) and the West line of this tract as
follows:
N 41° 03' 59" W 131.42 feet to an angle point;
N 11° 53' 19" W 40.63 feet to an angle point;
N 76° 36' 27" W 45.17 feet to an angle point;
N 30° 48' 05" W 126.68 feet to an angle point;
N 78° 57' 33" W 87.41 feet to an angle point;
N 12° 44' 59" E 79.02 feet to an angle point;
N 11° 00' 13" W 73.47 feet to an angle point;
S 88° 36' 10" W 82.16 feet to an angle point;
N 66° 02' 15" W 98.65 feet to an angle point;
N 06° 27' 32" W 106.86 feet to an angle point;
N 30° 17' 17" E 145.33 feet to an angle point;
N 03° 28' 06" W 75.42 feet to an angle point;
N 37° 44' 59" W 146.89 feet to an angle point;
N 63° 26' 06" W 145.44 feet to an angle point;
N 38° 31' 49" W 136.06 feet to an angle point;
N 12° 39' 09" W 86.38 feet to an angle point;
N 04° 05' 08" W 70.68 feet to an angle point;
S 86° 18' 31" W 52.15 feet to an angle point;
N 76° 52' 51" W 106.01 feet to an angle point;
N 12° 38' 00" W 83.15 feet to an angle point;
N 23° 29' 55" W 105.25 feet to an angle point;
N 10° 37' 11" E 136.64 feet to an angle point;
N 04° 47' 52" W 86.56 feet to an angle point;
N 34° 45' 21" W 139.44 feet to an angle point;
N 06° 54' 40" W 77.72 feet to an angle point;
N 17° 40' 47" E 51.12 feet to an angle point;
N 52° 40' 44" E 193.31 feet to an angle point;
N 18° 45' 31" E 85.20 feet to an angle point;
N 23° 41' 26" W 105.23 feet to an angle point;
N 86° 35' 59" W 152.93 feet to an angle point;
N 60° 31' 27" W 77.06 feet to an angle point;
N 30° 15' 23" W 81.04 feet to an angle point;
N 67° 37' 12" W 107.25 feet to an angle point;
S 79° 56' 22" W 183.67 feet to an angle point;
N 73° 48' 39" W 94.15 feet to an angle point;
S 88° 10' 54" W 91.93 feet to an angle point;
N 53° 44' 46" W 180.85 feet to an angle point;
N 74° 50' 45" W 120.88 feet to an angle point;
N 39° 12' 26" W 60.40 feet to the Southwest corner of said
195.5 Acre Tract and the Northwest corner of this tract;
THENCE: N 68° 20' 39" E 1386.29 feet with the South line of
said 195.5 Acre Tract, at 19.37 feet pass a found 12" Pecan stump,
continuing along a fence to the POINT OF BEGINNING.
(d) BEGINNING: At a 2" pipe post found in the South line
of County Road 232 and the lower East line of a 649.53 Acre Tract
(Document # #2004074055, Official Public Records, described in
Volume 2520, Page 200 and Volume 2598, Page 457, Official Public
Records) for the Northwest corner of this tract from which a 2"
pipe post found in the North line of said county road for the
upper Southwest corner of a 1419.57 Acre Tract (this day
surveyed) bears N 00° 18' 48" E 56.15 feet;
THENCE: Along a fence with the South and West line of said
county road and the North and East line of this tract as follows:
S 83° 15' 32" E 491.41 feet to a 6" cedar post found for an
angle point;
S 71° 41' 57" E 76.53 feet to a 6" cedar post found for an
angle point;
S 48° 56' 34" E 139.44 feet to a 6" cedar post found for an
angle point;
S 19° 57' 48" E 414.71 feet to a 5" cedar post found for an
angle point;
S 41° 43' 21" E 317.47 feet to a 5" cedar post found for an
angle point;
S 49° 16' 01" E 370.58 feet to a 6" cedar post found for an
angle point;
S 32° 42' 02" E 683.73 feet to a 2" pipe post found for the
Southeast corner of this tract;
THENCE: S 68° 22' 29" W 1256.52 feet along a fence with the
North line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458,
Page 859, Deed Records) and the South line of Abstract No. 358,
at 1209.80 feet pass a 1/2" iron pin found by 14" Elm, continuing
without fence to the Northwest corner of said 195.5 Acre Tract
and the lower Southwest corner of this tract;
THENCE: Along the center of North Salado Creek with the
North line of a 61.80 Acre Tract (Document #2010063430, Official
Public Records) and the South line of this tract as follows:
N 02° 31' 01" W 103.87 feet to an angle point;
N 52° 32' 58" W 74.50 feet to an angle point;
N 84° 29' 40" W 104.92 feet to an angle point;
S 85° 34' 16" W 152.08 feet to an angle point;
N 80° 01' 20" W 218.89 feet to the lower Southeast corner of
said 649.53 Acre Tract and the Southwest corner of this tract;
THENCE: With the lower East line of said 649.53 Acre Tract
and the West line of this tract as follows:
N 04° 31' 03" E 649.14 feet, at 72.82 feet pass a found 2"
pipe post, continuing along a fence to a 12" cedar post found for
an angle point;
N 02° 28' 22" E 641.86 feet along a fence to a 2" pipe post
found for an angle point;
N 04° 10' 33" W 608.21 feet along a fence to the POINT OF
BEGINNING.
(c) If the Act enacting this section does not receive a
two-thirds vote of all the members elected to each house,
Subchapter C, Chapter 7962, Special District Local Laws Code, as
added by Subsection (a) of this section, is amended by adding
Section 7962.0308 to read as follows:
Sec. 7962.0308. NO EMINENT DOMAIN POWER. The district
may not exercise the power of eminent domain.
(d) Subsection (c) of this section is not intended to be
an expression of a legislative interpretation of the
requirements of Section 17(c), Article I, Texas Constitution.
SECTION 6. (a) Subtitle F, Title 6, Special District
Local Laws Code, is amended by adding Chapter 8010A to read as
follows:
CHAPTER 8010A. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT
NO. 49
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8010A.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Williamson County
Municipal Utility District No. 49.
Sec. 8010A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article
XVI, Texas Constitution.
Sec. 8010A.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8010A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8010A.0103 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.
Sec. 8010A.0105. FINDINGS OF PUBLIC PURPOSE AND
BENEFIT. (a) The district is created to serve a public purpose
and benefit.
(b) The district is created to accomplish the purposes
of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution,
that relate to the construction, acquisition, improvement,
operation, or maintenance of macadamized, graveled, or paved
roads, or improvements, including storm drainage, in aid of those
roads.
Sec. 8010A.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 6(b) of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section
6(b) of the Act enacting this chapter form a closure. A mistake
made 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 bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8010A.0201. GOVERNING BODY; TERMS. (a) The
district is governed by a board of five elected directors.
(b) Except as provided by Section 8010A.0202, directors
serve staggered four-year terms.
Sec. 8010A.0202. TEMPORARY DIRECTORS. (a) The
temporary board consists of:
(1) Mark Tickner;
(2) Nick Easley;
(3) Walter Duke;
(4) Zachary Summers; and
(5) Noah Terrazas.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8010A.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8010A.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8010A.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the
district 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. 8010A.0301. GENERAL POWERS AND DUTIES. The
district has the powers and duties necessary to accomplish the
purposes for which the district is created.
Sec. 8010A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water
Code, applicable to municipal utility districts created under
Section 59, Article XVI, Texas Constitution.
Sec. 8010A.0303. AUTHORITY FOR ROAD PROJECTS. Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, or a
municipality for operation and maintenance macadamized,
graveled, or paved roads, or improvements, including storm
drainage, in aid of those roads.
Sec. 8010A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate
limits or extraterritorial jurisdiction of a municipality, the
road project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in
which the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8010A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of
land in the district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8010A.0401. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section
8010A.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter
approval before the district may impose an ad valorem tax or
issue bonds payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad
valorem taxes to finance a road project unless the issuance is
approved by a vote of a two-thirds majority of the district
voters voting at an election held for that purpose.
Sec. 8010A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8010A.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may
not exceed the rate approved at the election.
Sec. 8010A.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other
than an operation and maintenance tax and use the revenue derived
from the tax to make payments under a contract after the
provisions of the contract have been approved by a majority of
the district voters voting at an election held for that purpose.
(b) A contract approved by the district voters may
contain a provision stating that the contract may be modified or
amended by the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8010A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or
any combination of those sources, to pay for any authorized
district purpose.
Sec. 8010A.0502. TAXES FOR BONDS. 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 ad valorem tax, without limit as to rate or
amount, while all or part of the bonds are outstanding as
required and in the manner provided by Sections 54.601 and
54.602, Water Code.
Sec. 8010A.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other
obligations issued or incurred to finance road projects and
payable from ad valorem taxes may not exceed one-fourth of the
assessed value of the real property in the district.
(b) The Williamson County Municipal Utility District
No. 49 initially includes all the territory contained in the
following area:
TRACT 1:
A 59.891 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY,
TEXAS, BEING OUT OF A CALLED 60.57 ACRE TRACT CONVEYED TO LETTS
FAMILY TRUST BY INSTRUMENT RECORDED IN VOLUME 528, PAGE 376 OF
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS A 59.891 ACRE TRACT
OF LAND SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23,
ABSTRACT NO. 172, IN WILLIAMSON COUNTY, TEXAS, BEING OUT OF A
CALLED 60.57 ACRE TRACT CONVEYED TO LETTS FAMILY TRUST BY
INSTRUMENT RECORDED IN VOLUME 528, PAGE 376 OF THE DEED RECORDS
OF WILLIAMSON COUNTY, TEXAS. SAID 59.891 ACRE TRACT BEING MORE
FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE TEXAS
COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH
AMERICAN DATUM OF 1983 NAD 83 (NA2011) EPOCH 2010.00.:
BEGINNING at a 1/2" iron rod found in the west right-of-way
line of County Road 308, said point being the northeast corner of
said 60.57-acre tract, for the northeast corner and POINT OF
BEGINNING hereof;
THENCE S 20°52'36" E, with the west right-of-way line of
said County Road 308, same being the east boundary line of said
60.57-acre tract, a distance of 2045.72 feet to a 1/2" iron rod
with yellow cap marked "Pape-Dawson" set in the north
right-of-way line of County Road 305, same being the north
boundary line of a called 0.5039 acre tract of land conveyed to
Williamson County, Texas by instrument recorded in Document
No. 9820041 of the Official Public Records of said County, for
the southeast corner hereof;
THENCE S 68°212'37" W, with the north boundary line of said
0.5039-acre tract, same being the north right-of-way line of said
County Road 305, through the interior of said 60.57-acre tract, a
distance of 1258.78 feet to a 1/2" iron rod found on a point in
the east boundary line of a called 3.92-acre tract of land
conveyed to Gary R. Sheley and Rosita R. Sheley, by instrument
recorded in Document No. 2009090657 of said Official Public
Records, same being the west boundary line of said 60.57-acre
tract, for the southwest corner hereof;
THENCE N 21°39'56" W, departing the north right-of-way line
of said County Road 305, with, in part, the east boundary lines
of: said 3.92-acre tract, a called 10.00-acre tract of land
conveyed to Dudley K. Bukowsky and Tami Bukowsky by instrument
recorded in Document No. 2008016420 of said Official Public
Records, Lot 5, Bukowsky Subdivision, recorded in Document
No. 2019064044 of said Official Public Records, a called
10.51-acre tract of land conveyed to Kerry Conaway, Jr., by
instrument recorded in Document No. 2006005509 of said Official
Public Records and a called 10.51-acre tract of land conveyed to
Darral Henderson and Elaine Henderson by instrument recorded in
Document No. 2006032860 of said Official Public Records, a
distance of 2053.57 feet to a 1/2" iron rod with yellow cap marked
"Pape-Dawson" set, for the southwest corner of a called
60.99-acre tract of land conveyed to Wayne E. Cavalier and Cyndi
Pietan Cavalier, by instrument recorded in Document
No. 2012099245 of said Official Public Records, for the
northwest corner hereof;
THENCE N 68°48'58" E, with the south boundary line of said
60.99-acre tract, same being the north boundary line of said
60.57-acre tract, a distance of 1286.98 feet to the POINT OF
BEGINNING and containing 59.891 acres of land in Williamson
County, Texas. Said tract being described in accordance with a
survey prepared by Pape Dawson Engineers, Inc. under Job
No. 51303-00.
TRACT 2:
A 110.720 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY,
TEXAS. BEING ALL OF A CALLED 113 ACRE TRACT CONVEYED TO LETTS
FAMILY TRUST BY INSTRUMENT RECORDED IN VOLUME 486, PAGE 442 OF
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, A 110.720 ACRE
TRACT OF LAND SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO.
23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY, TEXAS. BEING ALL OF A
CALLED 113 ACRE TRACT CONVEYED TO LETTS FAMILY TRUST BY
INSTRUMENT RECORDED IN VOLUME 486, PAGE 442 OF THE DEED RECORDS
OF WILLIAMSON COUNTY, TEXAS, SAID 110.720 ACRE TRACT BEING MORE
FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE TEXAS
COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH
AMERICAN DATUM OF 1983 NAD 83 (NA2011) EPOCH 2010.00.:
BEGINNING at a 1/2" iron rod with yellow cap marked
"Pape-Dawson" set in the east right-of-way line of County Road
308, said point being the northwest corner of a called 169.5 acre
tract of land conveyed to R.D. Hopper and Margaret Hopper Letts
by instrument recorded in Volume 478, Page 349 of said Deed
Records, same being the southwest corner of said 113 acre tract,
for the southeast corner and POINT OF BEGINNING hereof;
THENCE N 21°22'58" W, with the east right-of-way line of
said County Road 308, same being the west boundary line of said
113-acre tract, a distance of 2048.33 feet to a 5/8" iron rod
found for the southwest corner of a called 17.0 acre tract of land
conveyed to Gertrude Ann Braband by instrument recorded in
Document No. 2016033164 of the Official Public Records of said
County, same being the northwest corner of said 113-acre tract,
for the northwest corner hereof;
THENCE N 69°02'46" E, departing the east right-of-way line
of said County Road 308, with the south boundary line of said 17.0
acre tract, same being the north boundary line of said 113 acre
tract, for a distance of 1268.96 feet to a 5/8" iron rod found for
the southeast corner of said 17.0 acre tract, same being an
interior ell corner in said 113 acre tract, for an ell corner
hereof;
THENCE N 21°00'19" W, with the east boundary line of said
17.0 acre tract, same being a west boundary line of said 113 acre
tract, a distance of 582.80 feet to a 1/2" iron rod found for the
southwest corner of a called 64.797 acre tract of land conveyed
to Jose G. Garcia, by instrument recorded in Document
No. 2017005987 of said Official Public records, same being the
southeast corner of called 10.789 acre tract of land conveyed to
the Belinda Ramsey Living Trust, by instrument recorded in
Document No. 2019022035 of said Official Public Records, same
being the northeast corner of said 17.0 acre tract, also being
the northernmost northwest corner of said 113 acre tract, for the
northernmost northwest hereof;
THENCE N 68°21'45" E, with the south boundary line of said
64.797 acre tract, same being the north boundary line of said 113
acre tract, a distance of 993.87 feet to a 1/2" iron rod found
being the northwest corner of a called 177.5 acre tract of land
conveyed to Charles D. Tonn and Ronald D. Tonn by instrument
recorded in Document No. 9601061 of said Official Public
Records, same being the north east corner of said 113-acre tract,
for the northeast corner hereof:
THENCE S 21°08'10" E, departing the south boundary line of
said 64.797 acre tract, with the west boundary line of said 177.5
acre tract, same being the east boundary line of said 113 acre
tract, a distance of 2244.92 feet to a 1/2" iron rod with yellow
cap marked "Pape-Dawson" set in the north boundary line of said
169.5 acre tract, said point being the southwest corner of said
177.5 acre tract, same being the southeast corner of said 113
acre tract, for the southeast corner hereof;
THENCE with the north boundary line of said 169.5 acre
tract, same being the south boundary line of said 113 acre tract,
the following three (3) courses and distances:
1. S 68°41'10" W, a distance of 982.01 feet to a 1/2" iron
rod with yellow cap marked "Pape-Dawson" set for an angle point
hereof,
2. S 21°25'27" E, a distance of 386.24 feet to a 1/2" iron
rod with yellow cap marked "Pape-Dawson" set for an angle point
hereof, and
3. S 68°47'37" W, a distance of 1275.22 feet to the POINT
OF BEGINNING and containing 110.720 acres of land in Williamson
County, Texas. Said tract being described in accordance with a
survey prepared by Pape Dawson Engineers, Inc. under Job
No. 51303-00.
TRACT 3:
A 172.890 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY,
TEXAS, BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO R.D.
HOPPER AND MARGARET HOPPER LETT BY A 172.890 ACRE TRACT OF LAND
SITUATED IN THE ELISHA DAVIS SURVEY, SECTION 23, ABSTRACT NO.
172, IN WILLIAMSON COUNTY, TEXAS. BEING ALL OF A CALLED 169.5
ACRE TRACT CONVEYED TO R.D. HOPPER AND MARGARET HOPPER LETT BY
INSTRUMENT RECORDED IN VOLUME 478, PAGE 349 OF THE DEED RECORDS
OF WILLIAMSON COUNTY, TEXAS. SAID 172.890 ACRE TRACT BEING MORE
FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE TEXAS
COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH
AMERICAN DATUM OF 1983 NAD 83 (NA2011) EPOCH 2010.00.:
COMMENCING at a 60D nail found in the north right-of-way
line of County Road 305, same being the southeast corner of a
called 0.58 acre tract of land conveyed to Dewey Roger Blackman
by instrument recorded in Volume 742, Page 777 of said Deed
Records, also being the southwest corner of a called 47.5 acre
tract recorded in Volume 734, Page 931 of said Deed Records;
THENCE S 68°58'06" W, departing the west boundary line of
said 47.5 acre tract, with the north right-of-way line of said
County Road 305, same being the south boundary line of said 0.58
acre tract, a distance of 110.09 feet to a 1/2" iron rod with
yellow cap marked "Pape-Dawson" set on the southwest corner of
said 0.58 acre tract, same being the southeast corner of said
169.5 acre tract, for the southeast corner and POINT OF BEGINNING
hereof;
THENCE S 68°58'06" W, continuing with the north
right-of-way line of said County Road 305, and in part, crossing
through the right-of-way of County Road 308, same being the south
boundary line of said 169.5-acre tract, a distance of 3188.95
feet to an 1/2" iron rod with yellow cap marked "Pape-Dawson" set
for the southwest corner hereof;
THENCE N 21°05'48" W, with the west boundary line of said
169.5-acre tract, and in part, crossing through the right-of-way
of said County Road 308, a distance of 2071.04 feet to a 1/2" iron
rod with yellow cap marked "Pape-Dawson" set, being the southwest
corner of a called 113 acre tract of land conveyed to the Letts
Family Trust, by instrument recorded in Volume 486, Page 442 of
said deed records, same being the northwest corner of said
169.5-acre tract, for the northwest corner hereof, from which a
5/8" iron rod found for the northwest corner of said 113 acre
tract bears N 21°22'58" W, 2048.33 feet;
THENCE departing the east right-of-way line of said County
Road 308, with, in part, the south boundary line of said 113-acre
tract and, in part, the south boundary line of a called 177.5 acre
tract of land conveyed to Charles D. Tonn and Ronald D. Tonn by
instrument recorded in Document No. 9601061 of the Official
Public Records of said County, same being the north boundary line
of said 169.5-acre tract, the following three (3) courses and
distances:
1. N 68°47'37" E, a distance of 1275.22 feet to a 1/2" iron
rod with yellow cap marked "Pape-Dawson" set for an angle point
hereof,
2. N 21°25'27" W, a distance of 386.24 feet to a 1/2" iron
rod with yellow cap marked "Pape-Dawson" set for an angle point
hereof, and
3. N 68°41'10" E, a distance of 2332.32 feet to a 1/2" iron
rod with yellow cap marked "Pape-Dawson" set being the northeast
corner of said 169.5-acre tract, for the northeast corner hereof;
THENCE S 22°06'37" E, with the south boundary line of said
177.5-acre tract, same being the east boundary line of said
169.5-acre tract, a distance of 392.10 feet to a 1/2" iron rod
with yellow cap marked "Pape-Dawson" set in the north boundary
line of a called 50-acre tract of land conveyed to Cheryl A.
Chamberlain, by instrument recorded in Document No. 2013019239
of the Official Public Records of said County, same being an
angle point in the east boundary line of said 169.5-acre tract,
for an angle point hereof;
THENCE S 68°53'39" W, with the north boundary line of said
50-acre tract, same being the east boundary line of said
169.5-acre tract, a distance of 419.61 feet to a 1/2" iron rod
with yellow cap marked "Pape-Dawson" set, being the northwest
corner of said 50-acre tract, same being an angle point in the
east boundary line of said 169.5-acre tract, for an angle point
hereof;
THENCE S 20°59'42" E, with, in part, the west boundary line
of said 50-acre tract and, in part, the west boundary line of a
called 47.5 acre tract of land conveyed to D.C. Blackman, by
instrument recorded in Volume 734, Page 931 of said Deed Records
and, in part, the west boundary line of the aforementioned
0.58-acre tract, same being the east boundary line of said
169.5-acre tract, a distance of 2080.08 feet to the POINT OF
BEGINNING and containing 172.890 acres of land in Williamson
County, Texas. Said tract being described in accordance with a
survey prepared by Pape Dawson Engineers, Inc. under Job
No. 51303-00.
(c) If the Act enacting this section does not receive a
two-thirds vote of all the members elected to each house,
Subchapter C, Chapter 8010A, Special District Local Laws Code, as
added by Subsection (a) of this section, is amended by adding
Section 8010A.0306 to read as follows:
Sec. 8010A.0306. NO EMINENT DOMAIN POWER. The district
may not exercise the power of eminent domain.
(d) Subsection (c) of this section is not intended to be
an expression of a legislative interpretation of the
requirements of Section 17(c), Article I, Texas Constitution.
SECTION 7. (a) The heading to Chapter 8221, Special
District Local Laws Code, is amended to read as follows:
CHAPTER 8221. WILLIAMSON COUNTY [3 B&J] MUNICIPAL UTILITY
DISTRICT NO. 51
(b) Section 8221.001(3), Special District Local Laws
Code, is amended to read as follows:
(3) "District" means the Williamson County [3 B&J]
Municipal Utility District No. 51.
(c) Section 8221.202, Special District Local Laws Code,
is amended to read as follows:
Sec. 8221.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
the time bonds or other obligations payable wholly or partly from
ad valorem taxes are issued,[:
[(1)] the board shall provide for the annual
imposition of [impose] a continuing direct annual ad valorem tax,
without limit to the rate or amount of the tax while all or part
of the bonds are outstanding as provided by Sections 54.601 and
54.602, Water Code [at a rate not to exceed the rate approved at
an election held under Section 8221.151, for each year that all
or part of the bonds are outstanding; and
[(2) the district annually shall impose an ad
valorem tax on all taxable property in the district in an amount
sufficient to:
[(A) pay the interest on the bonds or other
obligations as the interest becomes due;
[(B) create a sinking fund for the payment of
the principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date; and
[(C) pay the expenses of imposing the taxes].
(d) The Williamson County Municipal Utility District
No. 51 retains all the rights, powers, privileges, authority,
duties, and functions that it had before the effective date of
this Act.
(e) The legislature validates and confirms all
governmental acts and proceedings of the Williamson County
Municipal Utility District No. 51 that were taken before the
effective date of this Act.
(f) The legislature validates and confirms all
governmental acts and proceedings relating to the creation and
the consent to the creation of the Williamson County Municipal
Utility District No. 51.
(g) Subsections (e) and (f) of this section do not apply
to any matter that on the effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final
court judgment; or
(2) has been held invalid by a final court judgment.
SECTION 8. Sections 8221.003(b), 8221.105, 8221.106,
8221.107, and 8221.108, Special District Local Laws Code, are
repealed.
SECTION 10. (a) Chapter 175, Local Government Code, as
amended by this Act, applies according to its terms to all
eligible persons who leave employment with a township on or after
January 1, 2024.
(b) A township that is required by Chapter 175, Local
Government Code, as amended by this Act, to provide continued
health benefits coverage but that is not allowed to provide the
coverage under the terms of the township's existing group health
plan shall ensure that the required continued health benefits
coverage is provided for in any new plan that is adopted by the
township on or after January 1, 2024, unless the township is
exempted under Section 175.007, Local Government Code.
Explanation: This change is necessary to:
(1) allow a firefighter, police officer, or
emergency services provider employed by certain townships to
receive retirement benefits;
(2) create certain special purpose districts; and
(3) change the name and certain duties of the 3 B&J
Municipal Utility District.
(2) Senate Rule 12.03(1) is suspended to permit the
committee to change, alter, or amend text not in disagreement in
SECTION 5 of the bill, in added Sections 7968A.0106(a) and (b),
Special District Local Laws Code, by striking "Section 2" and
substituting "Section 5(b)".
Explanation: This change is necessary to correct the
cross-references.
(3) Senate Rule 12.03(1) is suspended to permit the
committee to change, alter, or amend text which is not in
disagreement in proposed SECTIONS 9 and 11 of the bill, adding
local notice and effective date language, to read as follows:
SECTION 9. (a) The legal notice of the intention to file
bills creating or affecting each district described by this Act,
as applicable, 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 a copy of a bill to create or affect each
applicable district described by this Act to the Texas Commission
on Environmental Quality.
(c) The Texas Commission on Environmental Quality has
filed its recommendations relating to each bill to create or
affect each applicable district described by this Act with the
governor, the lieutenant governor, and the 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 each bill to
create or affect each applicable district described by this Act
are fulfilled and accomplished.
SECTION 11. (a) Except as provided by Subsection (b) of
this section, 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.
(b) Sections 1 and 10 of this Act take effect September 1,
2023.
Explanation: This change is necessary to comply with the
constitutional requirements of publishing notice and to clarify
the dates on which the Act takes effect.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 28, 2023, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate