Bill Text: TX SB1921 | 2013-2014 | 83rd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of Kendleton Improvement District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB1921 Detail]
Download: Texas-2013-SB1921-Engrossed.html
Bill Title: Relating to the creation of Kendleton Improvement District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB1921 Detail]
Download: Texas-2013-SB1921-Engrossed.html
By: Hegar | S.B. No. 1921 |
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relating to the creation of Kendleton Improvement District; | ||||||
providing authority to issue bonds; providing authority to impose | ||||||
assessments, fees, or taxes. | ||||||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||||||
SECTION 1. Subtitle C, Title 4, Special District Local Laws | ||||||
Code, is amended by adding Chapter 3928 to read as follows: | ||||||
CHAPTER 3928. KENDLETON IMPROVEMENT DISTRICT | ||||||
SUBCHAPTER A. GENERAL PROVISIONS | ||||||
Sec. 3928.001. DEFINITIONS. In this chapter: | ||||||
(1) "Board" means the district's board of directors. | ||||||
(2) "City" means the City of Kendleton. | ||||||
(3) "County" means Fort Bend County. | ||||||
(4) "Director" means a board member. | ||||||
(5) "District" means the Kendleton Improvement | ||||||
District. | ||||||
Sec. 3928.002. NATURE OF DISTRICT. The Kendleton | ||||||
Improvement District is a special district created under Section | ||||||
59, Article XVI, Texas Constitution. | ||||||
Sec. 3928.003. PURPOSE; DECLARATION OF INTENT. (a) The | ||||||
creation of the district is essential to accomplish the purposes of | ||||||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||||||
Texas Constitution, and other public purposes stated in this | ||||||
chapter. By creating the district and in authorizing the city, 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. | ||||||
(b) The creation of the district is necessary to promote, | ||||||
develop, encourage, and maintain employment, commerce, | ||||||
transportation, housing, tourism, recreation, the arts, | ||||||
entertainment, economic development, safety, and the public | ||||||
welfare in the district. | ||||||
(c) This chapter and the creation of the district may not be | ||||||
interpreted to relieve the city or 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 city or county services | ||||||
provided in the district. | ||||||
Sec. 3928.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. | ||||||
(a) The district is created to serve a public use and benefit. | ||||||
(b) All land and other property included in the district | ||||||
will benefit from the improvements and services to be provided by | ||||||
the district under powers conferred by Sections 52 and 52-a, | ||||||
Article III, and Section 59, Article XVI, Texas Constitution, and | ||||||
other powers granted under this chapter. | ||||||
(c) The 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, | ||||||
rail, 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. 3928.005. 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. 3928.006. 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; | ||||||
(2) a tax abatement reinvestment zone created under | ||||||
Chapter 312, Tax Code; | ||||||
(3) an enterprise zone created under Chapter 2303, | ||||||
Government Code; or | ||||||
(4) an industrial district created under Chapter 42, | ||||||
Local Government Code. | ||||||
Sec. 3928.007. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||||||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||||||
Chapter 375, Local Government Code, applies to the district. | ||||||
Sec. 3928.008. 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. 3928.051. GOVERNING BODY; TERMS. (a) The district is | ||||||
governed by a board of five voting directors who serve staggered | ||||||
terms of four years, with two or three directors' terms expiring | ||||||
June 1 of each odd-numbered year. | ||||||
(b) The board by resolution may change the number of voting | ||||||
directors on the board if the board determines that the change is in | ||||||
the best interest of the district. The board may not consist of | ||||||
fewer than 5 or more than 15 directors. | ||||||
Sec. 3928.052. APPOINTMENT OF VOTING DIRECTORS. The Texas | ||||||
Commission on Environmental Quality shall appoint voting directors | ||||||
from persons recommended by the board. | ||||||
Sec. 3928.053. NONVOTING DIRECTORS. The board may appoint | ||||||
nonvoting directors to serve at the pleasure of the voting | ||||||
directors. | ||||||
Sec. 3928.054. QUORUM. For purposes of determining the | ||||||
requirements for a quorum of the board, the following are not | ||||||
counted: | ||||||
(1) a board position vacant for any reason, including | ||||||
death, resignation, or disqualification; | ||||||
(2) a director who is abstaining from participation in | ||||||
a vote because of a conflict of interest; or | ||||||
(3) a nonvoting director. | ||||||
Sec. 3928.055. COMPENSATION. A director is entitled to | ||||||
receive fees of office and reimbursement for actual expenses as | ||||||
provided by Section 49.060, Water Code. Sections 375.069 and | ||||||
375.070, Local Government Code, do not apply to the board. | ||||||
Sec. 3928.056. INITIAL VOTING DIRECTORS. (a) The initial | ||||||
board consists of the following directors: | ||||||
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(b) Of the initial directors, the terms of directors | ||||||
appointed for positions one through three expire June 1, 2015, and | ||||||
the terms of directors appointed for positions four and five expire | ||||||
June 1, 2017. | ||||||
(c) Section 3928.052 does not apply to this section. | ||||||
(d) This section expires September 1, 2017. | ||||||
SUBCHAPTER C. POWERS AND DUTIES | ||||||
Sec. 3928.101. GENERAL POWERS AND DUTIES. The district has | ||||||
the powers and duties necessary to accomplish the purposes for | ||||||
which the district is created. | ||||||
Sec. 3928.102. IMPROVEMENT PROJECTS AND SERVICES. The | ||||||
district may provide, design, construct, acquire, improve, | ||||||
relocate, operate, maintain, or finance an improvement project or | ||||||
service using any money available to the district, or contract with | ||||||
a governmental or private entity to provide, design, construct, | ||||||
acquire, improve, relocate, operate, maintain, or finance an | ||||||
improvement project or service authorized under this chapter or | ||||||
Chapter 375, Local Government Code. | ||||||
Sec. 3928.103. RAIL FACILITIES. The district may | ||||||
construct, acquire, improve, maintain, and operate rail facilities | ||||||
and improvements in aid of those facilities. | ||||||
Sec. 3928.104. DEVELOPMENT CORPORATION POWERS. The | ||||||
district, using money available to the district, may exercise the | ||||||
powers given to a development corporation under Chapter 505, Local | ||||||
Government Code, including the power to own, operate, acquire, | ||||||
construct, lease, improve, or maintain a project under that | ||||||
chapter. | ||||||
Sec. 3928.105. 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. 3928.106. AGREEMENTS; GRANTS. (a) As provided by | ||||||
Chapter 375, Local Government Code, the district may make an | ||||||
agreement with or accept a gift, grant, or loan from any person. | ||||||
(b) The implementation of a project is a governmental | ||||||
function or service for the purposes of Chapter 791, Government | ||||||
Code. | ||||||
Sec. 3928.107. LAW ENFORCEMENT SERVICES. To protect the | ||||||
public interest, the district may contract with a qualified party, | ||||||
including the county or the city, to provide law enforcement | ||||||
services in the district for a fee. | ||||||
Sec. 3928.108. 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. 3928.109. ECONOMIC DEVELOPMENT. (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. 3928.110. 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. 3928.111. STRATEGIC PARTNERSHIP AGREEMENT. The | ||||||
district may negotiate and enter into a written strategic | ||||||
partnership agreement under Section 43.0751, Local Government | ||||||
Code, with a municipality in whose extraterritorial jurisdiction | ||||||
the district is located. | ||||||
Sec. 3928.112. ANNEXATION OR EXCLUSION OF LAND. (a) The | ||||||
district may annex land as provided by Subchapter J, Chapter 49, | ||||||
Water Code. | ||||||
(b) The district may exclude land as provided by Subchapter | ||||||
J, Chapter 49, Water Code. Section 375.044(b), Local Government | ||||||
Code, does not apply to the district. | ||||||
Sec. 3928.113. NO EMINENT DOMAIN POWER. The district may | ||||||
not exercise the power of eminent domain. | ||||||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||||||
Sec. 3928.151. 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. 3928.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. | ||||||
The district may acquire, construct, finance, operate, or maintain | ||||||
any improvement or service authorized under this chapter or Chapter | ||||||
375, Local Government Code, using any money available to the | ||||||
district. | ||||||
Sec. 3928.153. 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. 3928.154. METHOD OF NOTICE FOR HEARING. The district | ||||||
may mail the notice required by Section 375.115(c), Local | ||||||
Government Code, by certified or first class United States mail. | ||||||
The board shall determine the method of notice. | ||||||
Sec. 3928.155. 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. | ||||||
Sec. 3928.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||||||
375.161, Local Government Code, does not apply to a tax authorized | ||||||
or approved by the voters of the district or a required payment for | ||||||
a service provided by the district, including water and sewer | ||||||
services. | ||||||
Sec. 3928.157. COMPETITIVE BIDDING. Subchapter I, Chapter | ||||||
49, Water Code, applies to the district. Sections 375.221 and | ||||||
375.223, Local Government Code, do not apply to the district. | ||||||
Sec. 3928.158. TAX AND ASSESSMENT ABATEMENTS. The district | ||||||
may designate reinvestment zones and may grant abatements of | ||||||
district taxes or assessments on property in the zones. | ||||||
SUBCHAPTER E. TAXES AND BONDS | ||||||
Sec. 3928.201. ELECTIONS REGARDING TAXES AND BONDS. | ||||||
(a) The district may issue, without an election, bonds, notes, and | ||||||
other obligations secured by: | ||||||
(1) revenue other than ad valorem taxes; or | ||||||
(2) contract payments described by Section 3928.203. | ||||||
(b) The district must hold an election in the manner | ||||||
provided by Subchapter L, Chapter 375, Local Government Code, to | ||||||
obtain voter approval before the district may impose an ad valorem | ||||||
tax or issue bonds payable from ad valorem taxes. | ||||||
(c) Section 375.243, Local Government Code, does not apply | ||||||
to the district. | ||||||
(d) All or any part of any facilities or improvements that | ||||||
may be acquired by a district by the issuance of its bonds may be | ||||||
submitted as a single proposition or as several propositions to be | ||||||
voted on at the election. | ||||||
Sec. 3928.202. OPERATION AND MAINTENANCE TAX. (a) If | ||||||
authorized by a majority of the district voters voting at an | ||||||
election held in accordance with Section 3928.201, the district may | ||||||
impose an operation and maintenance tax on taxable property in the | ||||||
district in accordance with 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 tax rate. The rate may not | ||||||
exceed the rate approved at the election. | ||||||
(c) Section 49.107(h), Water Code, does not apply to the | ||||||
district. | ||||||
Sec. 3928.203. 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. | ||||||
Sec. 3928.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS | ||||||
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms | ||||||
determined by the board. Section 375.205, Local Government Code, | ||||||
does not apply to a loan, line of credit, or other borrowing from a | ||||||
bank or financial institution secured by revenue other than ad | ||||||
valorem taxes. | ||||||
(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. 3928.205. 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 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. | ||||||
Sec. 3928.206. TAXES AND BONDS FOR RECREATIONAL FACILITIES. | ||||||
The limitation on the outstanding principal amount of bonds, notes, | ||||||
and other obligations provided by Section 49.4645, Water Code, does | ||||||
not apply to the district. | ||||||
SUBCHAPTER F. DEFINED AREAS | ||||||
Sec. 3928.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR | ||||||
DESIGNATED PROPERTY. The district may define areas or designate | ||||||
certain property of the district to pay for improvements, | ||||||
facilities, or services that primarily benefit that area or | ||||||
property and do not generally and directly benefit the district as a | ||||||
whole. | ||||||
Sec. 3928.252. PROCEDURE FOR ELECTION. (a) Before the | ||||||
district may impose an ad valorem tax or issue bonds payable from ad | ||||||
valorem taxes of the defined area or designated property, the board | ||||||
shall hold an election in the defined area or in the designated | ||||||
property only. | ||||||
(b) The board may submit the issues to the voters on the same | ||||||
ballot to be used in another election. | ||||||
Sec. 3928.253. DECLARING RESULT AND ISSUING ORDER. (a) If | ||||||
a majority of the voters voting at the election approve the | ||||||
proposition or propositions, the board shall declare the results | ||||||
and, by order, shall establish the defined area and describe it by | ||||||
metes and bounds or designate the specific property. | ||||||
(b) A court may not review the board's order except on the | ||||||
ground of fraud, palpable error, or arbitrary and confiscatory | ||||||
abuse of discretion. | ||||||
Sec. 3928.254. TAXES FOR SERVICES, IMPROVEMENTS, AND | ||||||
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter | ||||||
approval and adoption of the order described by Section 3928.253, | ||||||
the district may apply separately, differently, equitably, and | ||||||
specifically its taxing power and lien authority to the defined | ||||||
area or designated property to provide money to construct, | ||||||
administer, maintain, and operate services, improvements, and | ||||||
facilities that primarily benefit the defined area or designated | ||||||
property. | ||||||
Sec. 3928.255. ISSUANCE OF BONDS FOR DEFINED AREA OR | ||||||
DESIGNATED PROPERTY. After the order under Section 3928.253 is | ||||||
adopted, the district may issue bonds to provide for any land, | ||||||
improvements, facilities, plants, equipment, and appliances for | ||||||
the defined area or designated property. | ||||||
SUBCHAPTER G. DISSOLUTION AND MUNICIPAL ANNEXATION | ||||||
Sec. 3928.301. MUNICIPAL ANNEXATION; DISSOLUTION. | ||||||
(a) The district is a "water or sewer district" under Section | ||||||
43.071, Local Government Code. | ||||||
(b) Section 43.075, Local Government Code, applies to the | ||||||
district. | ||||||
(c) Section 375.264, Local Government Code, does not apply | ||||||
to the dissolution of the district by a municipality. | ||||||
SECTION 2. The Kendleton Improvement District initially | ||||||
includes all territory contained in the following area: | ||||||
A 274 ACRES TRACT OF LAND, IN THE ISAAC MCGARY LEAGUE, ABSTRACT NO. | ||||||
58, FORT BEND COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE | ||||||
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||||||
BEGINNING at a point at the intersection of the northwesterly | ||||||
right-of-way line of G.H. & S.A. Railroad and the westerly line of | ||||||
West End Tavener Road; | ||||||
(1) THENCE, South 56°08'39” West, along the northerly right-of-way | ||||||
line of said G.H. & S.A. Railroad, a distance of 4169.55 feet to a | ||||||
point in the centerline of Brooks Branch; | ||||||
(2) THENCE, North 04°58'48” West, along the centerline of Brooks | ||||||
Branch, a distance of 76.95 feet to a point; | ||||||
(3) THENCE, North 20°38'09” West, along the centerline of Brooks | ||||||
Branch, a distance of 112.84 feet to a point; | ||||||
(4) THENCE, North 27°38'06” West, along the centerline of Brooks | ||||||
Branch, a distance of 229.19 feet to a point; | ||||||
(5) THENCE, North 59°22'20” West, along the centerline of Brooks | ||||||
Branch, a distance of 97.47 feet to a point; | ||||||
(6) THENCE, North 72°10'20” West, along the centerline of Brooks | ||||||
Branch, a distance of 181.22 feet to a point; | ||||||
(7) THENCE, North 30°00'00” West, along the centerline of Brooks | ||||||
Branch, a distance of 257.39 feet to a point in the south line of a | ||||||
called 41.374 acres tract described to Anthony Humphrey in vol. | ||||||
2371, pg. 1473, F.B.C.C.F.; | ||||||
(8) THENCE, South 57°15'05” West, a distance of 833.50 feet to a | ||||||
point; | ||||||
(9) THENCE, North 23°45'00” West, a distance of 911.49 feet to a | ||||||
point in the south line of a called 42.0 acres tract described to | ||||||
Lisa Davis in 2007122421, F.B.C.C.F.; | ||||||
(10) THENCE, South 60°00'00” West, along the south line of said | ||||||
42.0 acres tract, a distance of 665.77 feet to a point; | ||||||
(11) THENCE, North 30°00'00” West, a distance of 462.00 feet to a | ||||||
point; | ||||||
(12) THENCE, North 60°00'00” East, along the north line of said | ||||||
42.0 acres, a distance of 992.15 feet to a point in the west line of | ||||||
a called 9.74 acres tract described to Admiral, TLC in 2013037496, | ||||||
F.B.C.C.F.; | ||||||
(13) THENCE, North 29°54'53” West, a distance of 748.50 feet to a | ||||||
point marking the northwesterly corner of a called 4.6 acres tract | ||||||
described to Curtis Lucas in 2000102582, F.B.C.C.F.; | ||||||
(14) THENCE, North 60°09'26” East, a distance of 2245.57 feet to a | ||||||
point marking the northeasterly corner of a called 19.47 acres | ||||||
tract described to TD Phan in 2011011742, F.B.C.C.F.; | ||||||
(15) THENCE, South 30°00'00” East, along the easterly line of said | ||||||
19.47 acres tract, a distance of 742.34 feet to a point; | ||||||
(16) THENCE, North 60°00'00” East, a distance of 1211.18 feet to a | ||||||
point; | ||||||
(17) THENCE, North 59°02'24" East, a distance of 1295.34 feet to a | ||||||
point in the west right-of-way line of West End Tavener Road; | ||||||
(18) THENCE, South 31°02'43" East, along the west right-of-way | ||||||
line of West End Tavener Road, a distance of 1194.29 feet to a | ||||||
point; | ||||||
(19) THENCE, South 59°14'00" West, along the west right-of-way | ||||||
line of West End Tavener Road, a distance of 21.92 feet to a point; | ||||||
(20) THENCE, South 24°14'50" East, along the said west line | ||||||
right-of-way line of West End Tavener Road, a distance of 765.58 | ||||||
feet to the POINT OF BEGINNING and containing 274 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) The general law relating to consent by political | ||||||
subdivisions to the creation of districts with conservation, | ||||||
reclamation, and road powers and the inclusion of land in those | ||||||
districts has been complied with. | ||||||
(e) All requirements of the constitution and laws of this | ||||||
state and the rules and procedures of the legislature with respect | ||||||
to the notice, introduction, and passage of this Act have been | ||||||
fulfilled and accomplished. | ||||||
SECTION 4. This Act takes effect immediately if it receives | ||||||
a vote of two-thirds of all the members elected to each house, as | ||||||
provided by Section 39, Article III, Texas Constitution. If this | ||||||
Act does not receive the vote necessary for immediate effect, this | ||||||
Act takes effect September 1, 2013. |