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relating to the creation of the Tabor Ranch Municipal Management |
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District; providing authority to issue bonds; providing authority |
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to impose assessments, fees, and taxes; granting a limited power of |
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eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 4000 to read as follows: |
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CHAPTER 4000. TABOR RANCH MUNICIPAL MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 4000.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Denton. |
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(3) "Director" means a board member. |
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(4) "District" means the Tabor Ranch Municipal |
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Management District. |
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Sec. 4000.0102. NATURE OF DISTRICT. The Tabor Ranch |
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Municipal Management District is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 4000.0103. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. |
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(b) By creating the district and in authorizing the city and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(c) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(d) This chapter and the creation of the district may not be |
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interpreted to relieve the city from providing the level of |
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services provided as of the effective date of the Act enacting this |
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chapter to the area in the district. The district is created to |
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supplement and not to supplant city services provided in the |
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district. |
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Sec. 4000.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) All land and other property included in the district will |
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benefit from the improvements and services to be provided by the |
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district under powers conferred by Sections 52 and 52-a, Article |
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III, and Section 59, Article XVI, Texas Constitution, and other |
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powers granted under this chapter. |
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(b) The district is created to serve a public use and |
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benefit. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; and |
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(3) developing or expanding transportation and |
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commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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and |
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(4) provide for water, wastewater, drainage, road, and |
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recreational facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 4000.0105. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bonds for the purposes |
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for which the district is created or to pay the principal of and |
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interest on the bonds; |
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(3) right to impose or collect an assessment; or |
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(4) legality or operation. |
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Sec. 4000.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; or |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code. |
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Sec. 4000.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 4000.0108. PRECONDITION. (a) The district may not |
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exercise any powers granted to the district by this chapter or other |
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law unless a development agreement between the city and the primary |
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landowner in the district that establishes the standards that apply |
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to development in the district, in addition to those contained in |
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zoning, subdivision, and other applicable ordinances of the city, |
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has been executed. |
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(b) If a development agreement described by Subsection (a) |
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has not been executed before September 1, 2025, the board shall |
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dissolve the district in the manner provided by Subchapter I as soon |
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as possible after September 1, 2025. |
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Sec. 4000.0109. CONSTRUCTION OF CHAPTER. This chapter |
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shall be liberally construed in conformity with the findings and |
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purposes stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 4000.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors who serve staggered |
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terms of four years. |
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(b) Directors are elected in the manner provided by |
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Subchapter D, Chapter 49, Water Code. |
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Sec. 4000.0202. COMPENSATION; EXPENSES. (a) The district |
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may compensate each director in an amount not to exceed $150 for |
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each board meeting. The total amount of compensation for each |
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director in one year may not exceed $7,200. |
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(b) A director is entitled to reimbursement for necessary |
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and reasonable expenses incurred in carrying out the duties and |
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responsibilities of the board. |
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Sec. 4000.0203. INITIAL DIRECTORS. (a) The initial board |
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consists of the following directors: |
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Pos. No. |
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Name of Director |
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(b) Of the initial directors, the terms of directors |
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appointed for positions one through three expire June 1, 2025, and |
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the terms of directors appointed for positions four and five expire |
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June 1, 2027. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 4000.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 4000.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The |
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district, using any money available to the district for the |
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purpose, may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
|
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service authorized under this chapter or under Chapter 375, Local |
|
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Government Code. |
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(b) The district may contract with a governmental or private |
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entity to carry out an action under Subsection (a). |
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(c) The implementation of a district project or service is a |
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governmental function or service for the purposes of Chapter 791, |
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Government Code. |
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Sec. 4000.0303. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered to be a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Subchapter D, |
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Chapter 431, Transportation Code, except that a board member is not |
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required to reside in the district. |
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Sec. 4000.0304. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, the district may contract with a qualified party, |
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including the city, to provide law enforcement services in the |
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district for a fee. |
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Sec. 4000.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
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The district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 4000.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district may engage in activities that accomplish the economic |
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development purposes of the district. |
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(b) The district may establish and provide for the |
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administration of one or more programs to promote state or local |
|
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economic development and to stimulate business and commercial |
|
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activity in the district, including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(c) The district may create economic development programs |
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and exercise the economic development powers provided to |
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municipalities by: |
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(1) Chapter 380, Local Government Code; and |
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(2) Subchapter A, Chapter 1509, Government Code. |
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Sec. 4000.0307. PARKING FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain parking facilities or a system of parking |
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facilities, including lots, garages, parking terminals, or other |
|
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structures or accommodations for parking motor vehicles off the |
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streets and related appurtenances. |
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(b) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
|
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(c) The district's parking facilities are parts of and |
|
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necessary components of a street and are considered to be a street |
|
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or road improvement. |
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(d) The development and operation of the district's parking |
|
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facilities may be considered an economic development program. |
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Sec. 4000.0308. ADDING OR EXCLUDING LAND. The district may |
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add or exclude land in the manner provided by Subchapter J, Chapter |
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49, Water Code, or by Subchapter H, Chapter 54, Water Code. |
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Sec. 4000.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of district money. |
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Sec. 4000.0310. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
|
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division of the district, and a new district has all the powers and |
|
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duties of the district. |
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(c) Any new district created by the division of the district |
|
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may not, at the time the new district is created, contain any land |
|
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) An order dividing the district must: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint initial directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(f) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(g) Any new district created by the division of the district |
|
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must hold an election as required by this chapter to obtain voter |
|
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approval before the district may impose a maintenance tax or issue |
|
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bonds payable wholly or partly from ad valorem taxes. |
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(h) Municipal consent to the creation of the district and to |
|
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the inclusion of land in the district granted under Section |
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4000.0506 acts as municipal consent to the creation of any new |
|
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district created by the division of the district and to the |
|
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inclusion of land in the new district. |
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Sec. 4000.0311. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT. |
|
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Section 375.161, Local Government Code, does not apply to the |
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district. |
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Sec. 4000.0312. EMINENT DOMAIN. The district may exercise |
|
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the power of eminent domain in the manner provided by Section |
|
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49.222, Water Code. |
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SUBCHAPTER D. ASSESSMENTS |
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Sec. 4000.0401. PETITION REQUIRED FOR FINANCING SERVICES |
|
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AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
|
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service or improvement project with assessments under this chapter |
|
|
unless a written petition requesting that service or improvement |
|
|
has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
|
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the owners of a majority of the assessed value of real property in |
|
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the district subject to assessment according to the most recent |
|
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certified tax appraisal roll for the county. |
|
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Sec. 4000.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
|
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The board by resolution may impose and collect an assessment for any |
|
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purpose authorized by this chapter in all or any part of the |
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district. |
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(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: |
|
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(1) are a first and prior lien against the property |
|
|
assessed; |
|
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(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 |
|
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any parcel of land without providing notice and holding a hearing in |
|
|
the manner required for additional assessments. |
|
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SUBCHAPTER E. TAXES AND BONDS |
|
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Sec. 4000.0501. TAX ELECTION REQUIRED. (a) The district |
|
|
must hold an election in the manner provided by Chapter 49, Water |
|
|
Code, or, if applicable, Chapter 375, Local Government Code, to |
|
|
obtain voter approval before the district may impose an ad valorem |
|
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tax. |
|
|
(b) Section 375.243, Local Government Code, does not apply |
|
|
to the district. |
|
|
Sec. 4000.0502. OPERATION AND MAINTENANCE TAX. (a) If |
|
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authorized by a majority of the district voters voting at an |
|
|
election under Section 4000.0501, the district may impose an |
|
|
operation and maintenance tax on taxable property in the district |
|
|
in the manner provided by Section 49.107, Water Code, for any |
|
|
district purpose, including to: |
|
|
(1) maintain and operate the district; |
|
|
(2) construct or acquire improvements; or |
|
|
(3) provide a service. |
|
|
(b) The board shall determine the operation and maintenance |
|
|
tax rate. The rate may not exceed the rate approved at the |
|
|
election. |
|
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Sec. 4000.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE |
|
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BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on |
|
|
terms determined by the board. |
|
|
(b) The district may issue bonds, notes, or other |
|
|
obligations payable wholly or partly from ad valorem taxes, |
|
|
assessments, impact fees, revenue, contract payments, grants, or |
|
|
other district money, or any combination of those sources of money, |
|
|
to pay for any authorized district purpose. |
|
|
(c) The district may issue, by public or private sale, |
|
|
bonds, notes, or other obligations payable wholly or partly from |
|
|
assessments in the manner provided by Subchapter A, Chapter 372, |
|
|
Local Government Code, if the improvement financed by the |
|
|
obligation issued under this section will be conveyed to or |
|
|
operated and maintained by a municipality or other retail utility |
|
|
provider pursuant to an agreement with the district entered into |
|
|
before the issuance of the obligation. |
|
|
Sec. 4000.0504. BONDS SECURED BY REVENUE OR CONTRACT |
|
|
PAYMENTS. The district may issue, without an election, bonds |
|
|
secured by: |
|
|
(1) revenue other than ad valorem taxes, including |
|
|
contract revenues; or |
|
|
(2) contract payments, provided that the requirements |
|
|
of Section 49.108, Water Code, have been met. |
|
|
Sec. 4000.0505. BONDS SECURED BY AD VALOREM TAXES; |
|
|
ELECTIONS. (a) If authorized at an election under Section |
|
|
4000.0501, the district may issue bonds payable from ad valorem |
|
|
taxes. |
|
|
(b) At the time the district issues bonds payable wholly or |
|
|
partly from ad valorem taxes, the board shall provide for the annual |
|
|
imposition of a continuing direct annual ad valorem tax, without |
|
|
limit as to rate or amount, for each year that all or part of the |
|
|
bonds are outstanding as required and in the manner provided by |
|
|
Sections 54.601 and 54.602, Water Code. |
|
|
(c) All or any part of any facilities or improvements that |
|
|
may be acquired by a district by the issuance of its bonds may be |
|
|
submitted as a single proposition or as several propositions to be |
|
|
voted on at the election. |
|
|
Sec. 4000.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
|
|
board may not issue bonds until each municipality in whose |
|
|
corporate limits or extraterritorial jurisdiction the district is |
|
|
located has consented by ordinance or resolution to the creation of |
|
|
the district and to the inclusion of land in the district. |
|
|
(b) This section applies only to the district's first |
|
|
issuance of bonds payable from ad valorem taxes. |
|
|
SUBCHAPTER I. DISSOLUTION |
|
|
Sec. 4000.0901. DISSOLUTION. (a) The board shall dissolve |
|
|
the district on written petition filed with the board by the owners |
|
|
of: |
|
|
(1) 66 percent or more of the assessed value subject to |
|
|
assessment by the district of the property in the district based on |
|
|
the most recent certified county property tax rolls; or |
|
|
(2) 66 percent or more of the surface area of the |
|
|
district, excluding roads, streets, highways, utility |
|
|
rights-of-way, other public areas, and other property exempt from |
|
|
assessment by the district according to the most recent certified |
|
|
county property tax rolls. |
|
|
(b) The district may not be dissolved if the district: |
|
|
(1) has any outstanding bonded or other indebtedness |
|
|
until that bonded or other indebtedness has been repaid or defeased |
|
|
in accordance with the order or resolution authorizing the issuance |
|
|
of the bonded or other indebtedness; |
|
|
(2) has a contractual obligation to pay money until |
|
|
that obligation has been fully paid in accordance with the |
|
|
contract; or |
|
|
(3) owns, operates, or maintains public works, |
|
|
facilities, or improvements unless the district has contracted with |
|
|
another party for the ownership and operation or maintenance of the |
|
|
public works, facilities, or improvements. |
|
|
(c) Section 375.262, Local Government Code, does not apply |
|
|
to the district. |
|
|
SECTION 2. The Tabor Ranch Municipal Management District |
|
|
initially includes all territory contained in the following area: |
|
|
BEING, 599.392 ACRES OF LAND LOCATED IN THE S. WINFREY SURVEY, |
|
|
ABSTRACT NUMBER 1319, DENTON COUNTY, TEXAS, BEING ALL OF THE TABOR |
|
|
RANCH, LLC. CALLED 105.888 ACRE TRACT, ALL OF THE TABOR RANCH, LLC. |
|
|
CALLED 21 ACRE TRACT, ALL OF THE TABOR RANCH, LLC. CALLED 52.437 |
|
|
ACRE TRACT, ALL OF THE TABOR RANCH, LLC. CALLED 177-1/2 ACRE TRACT |
|
|
AND ALL OF THE TABOR RANCH, LLC. CALLED 173.93 ACRE TRACT AS |
|
|
DESCRIBED IN DOCUMENT NUMBER 2010-12029 DEED RECORDS DENTON COUNTY, |
|
|
TEXAS (D.R.D.C.T.), AND BEING A PART OF THE CALLED 70.892 ACRE |
|
|
TRACT, DESCRIBED IN A DEED TO BEALL LEGACY PARTNERS, LP, RECORDED IN |
|
|
INSTRUMENT NUMBER 148598, (D.R.D.C.T.) AND BEING MORE PARTICULARLY |
|
|
DESCRIBED AS FOLLOWS BY METES AND BOUNDS: |
|
|
BEGINNING AT A 1/2" IRON ROD FOUND IN THE APPROXIMATE INTERSECTION |
|
|
OF THE CENTERLINE OF GEORGE OWENS (NO RECORD FOUND BY SURVEYOR) AND |
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|
THE SOUTH LINE OF OLD STONEY ROAD (NO RECORD FOUND BY SURVEYOR), IN |
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|
THE NORTH LINE OF THE BRYAN ANDERSON CALLED 125 ACRE TRACT RECORDED |
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|
IN VOLUME 358, PAGE 88 (D.R.D.C.T.) AND AT THE SOUTHEAST CORNER OF |
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|
SAID 52.437 ACRE TRACT); |
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|
THENCE SOUTH 89 DEGREES 53 MINUTES 21 SECONDS WEST, AT A DISTANCE OF |
|
|
1710.80 FEET PASS A 1/2" IRON ROD FOUND IN THE SOUTH LINE OF SAID OLD |
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|
STONEY ROAD, AT THE NORTHWEST CORNER OF SAID 125 ACRE TRACT AND |
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|
BEING THE COMMON NORTHEAST CORNER OF THE FRED E. KENNEDY AND MARSHA |
|
|
A. KENNEDY, CALLED 5.322 ACRE TRACT RECORDED IN INSTRUMENT NUMBER |
|
|
1993-42458 (D.R.D.C.T.) CONTINUING ALONG THE SOUTH LINE OF OLD |
|
|
STONEY ROAD AND THE NORTH LINE OF SAID 5.322 A TOTAL DISTANCE OF |
|
|
1792.00 FEET TO A 1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET AT |
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|
THE SOUTHWEST CORNER OF SAID 52.437 ACRE TRACT SAME BEING THE COMMON |
|
|
SOUTHEAST CORNER OF SAID 177-1/2 ACRE TRACT; |
|
|
THENCE SOUTH 89 DEGREES 48 MINUTES 14 SECONDS WEST CONTINUING ALONG |
|
|
THE SOUTH LINE OF SAID OLD STONEY ROAD, THE NORTH LINE OF SAID 5.322 |
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|
ACRE TRACT, THE NORTH LINE OF THE MORADI ADDITION, AN ADDITION |
|
|
RECORDED IN CABINET D, PAGE 69 PLAT RECORDS DENTON COUNTY, TEXAS, |
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|
THE NORTH LINE OF THE ANDREA BENNINGTON CALLED 5.286 ACRE TRACT |
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|
RECORDED IN VOLUME 5166, PAGE 3845 (D.R.D.C.T.), AND THE NORTH LINE |
|
|
OF THE CAROL THOMAS CALLED 100 ACRE TRACT RECORDED IN DOCUMENT |
|
|
NUMBER 95-0027698 (D.R.D.C.T.), A DISTANCE OF 1780.41 FEET TO A |
|
|
1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET AT THE SOUTHWEST |
|
|
CORNER OF SAID 177-1/2 ACRE TRACT FROM WHICH AN AXLE FOUND IN THE |
|
|
SOUTH LINE OF SAID OLD STONEY ROAD, AT THE NORTHWEST CORNER OF SAID |
|
|
100 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF THE PAUL S. NULL |
|
|
AND JULIE K. NULL CALLED 4.005 ACRE TRACT RECORDED IN VOLUME 4186, |
|
|
PAGE 315, (D.R.D.C.T.) BEARS SOUTH 89 DEGREES 48 MINUTES 14 SECONDS |
|
|
WEST, A DISTANCE OF 1018.37 FEET; |
|
|
THENCE NORTH 00 DEGREES 11 MINUTES 46 SECONDS WEST, ALONG THE WEST |
|
|
LINE OF SAID 177-1/2 ACRE TRACT A DISTANCE OF 50.33 FEET TO A 3/8 |
|
|
IRON ROD FOUND (SLICK) IN THE NORTH LINE OF SAID OLD STONEY ROAD AND |
|
|
AT THE SOUTHEAST CORNER OF SAID 173.93 ACRE TRACT; |
|
|
THENCE SOUTH 89 DEGREES 55 MINUTES 21 SECONDS WEST ALONG THE SAID |
|
|
NORTH LINE OF OLD STONEY ROAD A DISTANCE OF 1819.38 FEET TO A PIPE |
|
|
FENCE CORNER (WITH FLAGGING) FOUND AT THE SOUTHWEST CORNER OF SAID |
|
|
173.93 ACRE TRACT, SAME BEING THE COMMON SOUTHEAST CORNER OF THE J. |
|
|
YOUNG LAND & CATTLE, LTD CALLED 153.86 ACRE TRACT RECORDED IN |
|
|
INSTRUMENT NUMBER 2003-203076 (D.R.D.C.T.); |
|
|
THENCE NORTH 00 DEGREES 02 MINUTES 53 SECONDS EAST, A DISTANCE OF |
|
|
4165.36 FEET TO A 60D NAIL (FLAGGED) FOUND IN THE SOUTH LINE OF THE |
|
|
DANIEL ROBERSON BYPASS TRUST SCHOOLFIELD CALLED 174.14 AC TRACT |
|
|
RECORDED IN VOLUME 297, PG. 412 AT THE NORTHWEST CORNER OF SAID |
|
|
173.93 ACRE TRACT SAME BEING THE COMMON NORTHEAST CORNER OF SAID |
|
|
153.86 ACRE TRACT; |
|
|
THENCE NORTH 89 DEGREES 45 MINUTES 22 SECONDS EAST, A DISTANCE OF |
|
|
1818.76 FEET TO A 1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET IN |
|
|
THE WEST LINE OF SAID 177-1/2 ACRE TRACT AT THE NORTHEAST CORNER OF |
|
|
SAID 173.93 ACRE TRACT SAME BEING THE COMMON SOUTHEAST CORNER OF |
|
|
SAID 174.14 ACRE TRACT; |
|
|
THENCE NORTH 00 DEGREES 12 MINUTES 29 SECONDS EAST, A DISTANCE OF |
|
|
153.04 FEET TO A 1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET IN |
|
|
THE EAST LINE OF SAID 174.14 ACRE TRACT AT THE NORTHWEST CORNER OF |
|
|
SAID 177-1/2 ACRE TRACT, AND BEING THE COMMON SOUTHWEST CORNER OF |
|
|
THE RK & RK INVESTMENTS, INC. CALLED 79 ACRE TRACT RECORDED IN |
|
|
INSTRUMENT NUMBER 2018-99798 (D.R.D.C.T.); |
|
|
THENCE SOUTH 89 DEGREES 47 MINUTES 31 SECONDS EAST, A DISTANCE OF |
|
|
1793.00 FEET TO A 5/8" IRON ROD FOUND AT THE SOUTHEAST CORNER OF |
|
|
SAID 79 ACRE TRACT, SAME BEING THE COMMON NORTHEAST CORNER OF SAID |
|
|
177-1/2 ACRE TRACT, THE COMMON NORTHWEST CORNER OF SAID 105.888 |
|
|
ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF SAID 70.892 ACRE |
|
|
TRACT; |
|
|
THENCE NORTH 00 DEGREES 11 MINUTES 14 SECONDS EAST ALONG THE WEST |
|
|
LINE OF SAID 70.892 ACRE TRACT AND THE COMMON EAST LINE OF SAID 79 |
|
|
ACRE TRACT, A DISTANCE OF 1670.02 FEET TO A A 1/2" IRON ROD WITH CAP |
|
|
STAMPED "ONEAL 6570" SET AT THE SOUTHWEST CORNER OF A CALLED 4.4425 |
|
|
ACRE TRACT DESCRIBED IN A DEED TO THE STATE OF TEXAS, RECORDED IN |
|
|
INSTRUMENT NUMBER 2008-33229, (D.R.D.C.T.), AND BEING THE SOUTH |
|
|
RIGHT-OF-WAY LINE OF US HIGHWAY 380; |
|
|
THENCE SOUTH 87 DEGREES 16 MINUTES 24 SECONDS EAST, ALONG THE SOUTH |
|
|
RIGHT-OF-WAY LINE, A DISTANCE OF 1798.32 FEET TO A PK NAIL SET AT |
|
|
THE SOUTHEAST CORNER OF SAID 4.4425 ACRE TRACT AND BEING IN THE EAST |
|
|
LINE OF SAID 70.892 ACRE TRACT, AND BEING WITHIN GEORGE OWENS ROAD. |
|
|
THENCE SOUTH 00 DEGREES 58 MINUTES 08 SECONDS WEST, ALONG THE EAST |
|
|
LINE OF SAID 70.892 ACRE TRACT, A DISTANCE OF 1592.60 FEET TO 1/2" |
|
|
IRON ROD WITH YELLOW CAP STAMPED "METROPLEX 1849" FOUND AT THE |
|
|
SOUTHEAST CORNER OF SAID 70.892 ACRE TRACT, AND BEING INN THE NORTH |
|
|
LINE OF SAID 105.888 ACRE TRACT; |
|
|
THENCE SOUTH 89 DEGREES 44 MINUTES 46 SECONDS EAST, ALONG THE NORTH |
|
|
LINE OF SAID 105.888 ACRE TRACT, A DISTANCE OF 19.16 FEET TO A 1/2" |
|
|
IRON ROD WITH CAP STAMPED "ONEAL 6570" SET IN THE APPROXIMATE |
|
|
CENTERLINE OF SAID GEORGE OWENS ROAD, SAME BEING THE WEST LINE OF |
|
|
THE FONDER PROPERTIES, LLC CALLED 104.290 ACRE TRACT RECORDED IN |
|
|
INSTRUMENT NUMBER 12243 (D.R.D.C.T.) AND BEING AT THE NORTHEAST |
|
|
CORNER OF SAID 105.888 ACRE TRACT; |
|
|
THENCE SOUTH 00 DEGREES 14 MINUTES 19 SECONDS WEST ALONG THE EAST |
|
|
LINE OF SAID 105.888 ACRE TRACT SAME BEING THE COMMON WEST LINE OF |
|
|
SAID 104.290 ACRE TRACT AND THE COMMON WEST LINE OF THE JOE B. |
|
|
TINDLE AND WIFE ORLAN TINDLE CALLED 272.67 ACRE TRACT RECORDED IN |
|
|
VOLUME 616, PAGE 338, (D.R.D.C.T.), A DISTANCE OF 3075.71 FEET TO A |
|
|
1/2" IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID 105.888 ACRE |
|
|
TRACT SAME BEING THE COMMON NORTHEAST CORNER OF THE SAID 52.437 ACRE |
|
|
TRACT; |
|
|
THENCE SOUTH 00 DEGREES 13 MINUTES 28 SECONDS WEST, CONTINUING |
|
|
ALONG THE EAST LINE OF SAID 52.437 ACRE TRACT AND THE COMMON WEST |
|
|
LINE OF SAID 272.67 ACRE TRACT, A DISTANCE OF 1274.32 FEET TO THE |
|
|
POINT OF BEGINNING AND CONTAINING 599.392 ACRES OF LAND, MORE OF |
|
|
LESS BEARINGS RECITED HEREIN ARE BASED UPON THE TEXAS COORDINATE |
|
|
SYSTEM OF 1983 (2011), NORTH CENTRAL ZONE (4202). |
|
|
SECTION 3. (a) The legal notice of the intention to |
|
|
introduce this Act, setting forth the general substance of this |
|
|
Act, has been published as provided by law, and the notice and a |
|
|
copy of this Act have been furnished to all persons, agencies, |
|
|
officials, or entities to which they are required to be furnished |
|
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
|
Government Code. |
|
|
(b) The governor, one of the required recipients, has |
|
|
submitted the notice and Act to the Texas Commission on |
|
|
Environmental Quality. |
|
|
(c) The Texas Commission on Environmental Quality has filed |
|
|
its recommendations relating to this Act with the governor, |
|
|
lieutenant governor, and speaker of the house of representatives |
|
|
within the required time. |
|
|
(d) All requirements of the constitution and laws of this |
|
|
state and the rules and procedures of the legislature with respect |
|
|
to the notice, introduction, and passage of this Act have been |
|
|
fulfilled and accomplished. |
|
|
SECTION 4. (a) Section 4000.0312, Special District Local |
|
|
Laws Code, as added by Section 1 of this Act, takes effect only if |
|
|
this Act receives a two-thirds vote of all the members elected to |
|
|
each house. |
|
|
(b) If this Act does not receive a two-thirds vote of all the |
|
|
members elected to each house, Subchapter C, Chapter 4000, Special |
|
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
|
amended by adding Section 4000.0312 to read as follows: |
|
|
Sec. 4000.0312. NO EMINENT DOMAIN POWER. The district may |
|
|
not exercise the power of eminent domain. |
|
|
SECTION 5. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2023. |
|
|
|
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| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 2613 passed the Senate on |
|
|
May 10, 2023, by the following vote: Yeas 26, Nays 3, one present |
|
|
not voting. |
|
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| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 2613 passed the House on |
|
|
May 24, 2023, by the following vote: Yeas 105, Nays 33, one |
|
|
present not voting. |
|
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| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
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| |
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Approved: |
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|
______________________________ |
|
|
Date |
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______________________________ |
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Governor |
