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89(R) SB 3047 - Enrolled version - Bill Text
S.B. No. 3047
relating to the creation of certain municipal management districts;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes; granting a limited power of eminent
domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 4013 to read as follows:
CHAPTER 4013. PURA VIDA MUNICIPAL MANAGEMENT DISTRICT NO.
1
SUBCHAPTER A.
GENERAL PROVISIONS
Sec. 4013.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Mustang Ridge.
(3) "Director" means a board member.
(4)
"District" means the Pura Vida Municipal
Management District No.
1.
Sec.
4013.0102.
NATURE OF DISTRICT. The Pura Vida
Municipal Management District No.
1 is a special district created
under Section 59, Article XVI, Texas Constitution.
Sec.
4013.0103.
PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b)
By creating the district and in authorizing the city and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(c)
The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(d)
This chapter and the creation of the district may not be
interpreted to relieve the city from providing the level of
services provided as of the effective date of the Act enacting this
chapter to the area in the district. The district is created to
supplement and not to supplant city services provided in the
district.
Sec.
4013.0104.
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.
4013.0105.
INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b)
The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2)
right to issue any type of bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec.
4013.0106.
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.
4013.0107.
APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec.
4013.0108.
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.
4013.0201.
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.
4013.0202.
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.
(c)
Sections 375.069 and 375.070, Local Government Code, do
not apply to the board.
Sec.
4013.0203.
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 according to the most recent certified county tax
appraisal roll 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 4013.0201.
(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
according to the most recent certified county tax appraisal roll
may submit a petition to the Texas Commission on Environmental
Quality 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.
4013.0301.
GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec.
4013.0302.
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.
4013.0303.
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.
4013.0304.
LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the city, to provide additional law enforcement services
in the district for a fee.
Sec.
4013.0305.
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.
4013.0306.
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.
4013.0307.
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.
4013.0308.
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.
4013.0309.
ADDING OR EXCLUDING LAND. Except as
provided by Section 4013.0310, 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.
4013.0310.
DIVISION OF DISTRICT.
(a) The district may
be
divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b)
This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c)
Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2
of the Act enacting this
chapter.
(d)
The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) An order dividing the district must:
(1) name each new district;
(2)
include
the metes and bounds description of the
territory of each new district;
(3)
appoint
initial directors for each new district;
and
(4)
provide
for the division of assets and liabilities
between or among the new districts.
(f)
On or before the 30th day after the date of adoption of
an
order
dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(g)
Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(h)
Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
4013.0506 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
Sec.
4013.0311.
EMINENT DOMAIN. Subject to the limitations
provided by Section 54.209, Water Code, the district may exercise
the power of eminent domain in the manner provided by Section
49.222, Water Code.
SUBCHAPTER D. ASSESSMENTS
Sec.
4013.0401.
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 county tax appraisal roll.
Sec.
4013.0402.
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.
4013.0501.
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.
4013.0502.
OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 4013.0501, 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.
4013.0503.
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, by public or private sale,
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 limitation on the outstanding principal amount of
bonds, notes, or other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
Sec.
4013.0504.
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.
4013.0505.
BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
4013.0501, 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.
4013.0506.
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 F.
SALES AND USE TAX
Sec.
4013.0601.
MEANINGS OF WORDS AND PHRASES. A
word or
phrase used in this subchapter that is defined by Chapter 151 or
321, Tax Code, has the meaning assigned by Chapter 151 or 321, Tax
Code.
Sec.
4013.0602.
APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS.
(a)
The provisions of Subchapters C, D, E, and F,
Chapter 323, Tax Code, relating to county sales and use taxes apply
to the application, collection, and administration of a sales and
use tax imposed under this subchapter to the extent consistent with
this chapter, as if references in Chapter 323, Tax Code, to a county
referred to the district and references to a commissioners court
referred to the board.
(b)
Sections 323.401-323.404 and 323.505, Tax Code, do not
apply to a tax imposed under this subchapter.
Sec.
4013.0603.
AUTHORIZATION; ELECTION. (a) The district
shall adopt, reduce, or repeal the sales and use tax authorized by
this subchapter at an election in which a majority of the voters of
the district voting in the election approve the adoption,
reduction, or repeal of the tax, as applicable.
(b)
The board by order shall call an election to adopt,
reduce, or repeal a sales and use tax.
The election shall be held on
the first authorized uniform election date that occurs after the
time required by Section 3.005, Election Code.
(c)
The district shall provide notice of the election and
shall hold the election in the manner prescribed by Chapter 54,
Water Code, for bond elections for municipal utility districts.
(d)
The ballots shall be printed to provide for voting for
or against the following appropriate proposition:
(1)
"Adoption of a ___ percent district sales and use
tax in the district";
(2)
"Reduction of the district sales and use tax in the
district from ___ percent to ___ percent"; or
(3)
"Repeal of the district sales and use tax in the
district."
Sec.
4013.0604.
EFFECTIVE DATE OF TAX.
A tax imposed under
this subchapter or the repeal or reduction of a tax under this
subchapter takes effect on the first day of the first calendar
quarter that occurs after the date the comptroller receives the
copy of the resolution as required by Section 323.405(b), Tax Code.
Sec.
4013.0605.
SALES AND USE TAX RATE.
(a)
On adoption
of the tax authorized by this subchapter, there is imposed a tax of
two percent, or the maximum rate at which the combined tax rate of
all local sales and use taxes in any location in the district does
not exceed two percent, on the receipts from the sale at retail of
taxable items in the district, and an excise tax on the use,
storage, or other consumption in the district of taxable items
purchased, leased, or rented from a retailer in the district during
the period that the tax is in effect.
(b)
The rate of the excise tax is the same as the rate of the
sales tax portion of the tax and is applied to the sales price of the
taxable item.
Sec.
4013.0606.
EXAMINATION AND RECEIPT OF
INFORMATION.
The district may examine and receive information
related to the imposition of a sales and use tax to the same extent
as if the district were a municipality.
Sec.
4013.0607.
ALTERNATIVE METHOD OF IMPOSITION.
Notwithstanding any other provision of this subchapter, the
district may impose the sales and use tax as provided by Subchapter
F, Chapter 383, Local Government Code, instead of as provided by the
other provisions of this subchapter.
SUBCHAPTER G. DISSOLUTION
Sec.
4013.0901.
DISSOLUTION. (a) The board shall dissolve
the district on written petition filed with the board by the owners
of:
(1)
at least two-thirds of the assessed value of the
property subject to assessment by the district based on the most
recent certified county property tax rolls; or
(2)
at least two-thirds of the surface area of the
district, excluding roads, streets, highways, utility
rights-of-way, other public areas, and other property exempt from
assessment by the district according to the most recent certified
county property tax rolls.
(b)
The board by majority vote may dissolve the district at
any time.
(c)
The district may not be dissolved by its board under
Subsection (a) or (b) if the district:
(1)
has any outstanding bonded indebtedness until that
bonded indebtedness has been repaid or defeased in accordance with
the order or resolution authorizing the issuance of the bonds;
(2)
has a contractual obligation to pay money until
that obligation has been fully paid in accordance with the
contract; or
(3)
owns, operates, or maintains public works,
facilities, or improvements unless the district contracts with
another person for the ownership, operation, or maintenance of the
public works, facilities, or improvements.
(d)
Sections 375.261, 375.262, and 375.264, Local
Government Code, do not apply to the district.
SECTION 2. The Pura Vida Municipal Management District
No. 1 initially includes all territory contained in the following
area:
211.348 ACRES LAND OUT THE WILLIAM LEWIS, SR. SURVEY,
ABSTRACT NO. 479 AND THE AUGUSTAS KINCHELOE SURVEY NUMBER 2,
ABSTRACT NO. 457, TRAVIS COUNTY, TEXAS, BEING ALL OR A PORTION OF
THE FOLLOWING EIGHT (8) TRACTS:
TRACT 1: A 70.887 ACRE PORTION OF THAT CERTAIN 141.321 ACRE
TRACT CALLED FIRST TRACT CONVEYED TO MUSTANG RIDGE, LLC BY DEED
RECORDED IN DOCUMENT NUMBER 2019142513, OFFICIAL PUBLIC RECORDS
TRAVIS COUNTY, TEXAS;
TRACT 2: ALL OF THAT CERTAIN 23.625 ACRE TRACT DECRIBED IN A
DEED TO MUSTANG RIDGE, LLC RECORDED IN DOCUMENT NUMBER 2020003359,
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;
TRACT 3: ALL OF THAT CERTAIN 0.892 ACRE TRACT CALLED SECOND
TRACT DESCRIBED IN A DEED TO MUSTANG RIDGE, LLC RECORDED IN DOCUMENT
NUMBER 2019142513, OFFICIAL PUBLIC RECORDS TRAVIS COUNTY, TEXAS;
TRACT 4: ALL OF THAT CERTAIN 19.283 ACRE TRACT DECRIBED IN A
DEED TO MUSTANG RIDGE, LLC RECORDED IN DOCUMENT NUMBER 2023073358,
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;
TRACT 5: ALL OF THAT CERTAIN 2.986 ACRE TRACT DECRIBED IN A
DEED TO MUSTANG RIDGE, LLC RECORDED IN DOCUMENT NUMBER 2022052056,
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;
TRACT 6: ALL OF THAT CERTAIN 16.383 ACRE TRACT DECRIBED IN A
DEED TO MUSTANG RIDGE, LLC RECORDED IN DOCUMENT NUMBER 2021040262,
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;
TRACT 7: ALL OF THAT CERTAIN 74.555 ACRE TRACT, CALLED 74.557
ACRES, DESCRIBED IN A DEED TO MUSTANG RIDGE, LLC RECORDED IN
DOCUMENT NUMBER 2022039968 OFFICIAL PUBLIC RECORDS OF TRAVIS
COUNTY, TEXAS;
TRACT 8: ALL OF THAT CERTAIN 2.737 ACRE TRACT DECRIBED IN A
DEED TO MUSTANG RIDGE, LLC RECORDED IN DOCUMENT NUMBER 2020099394,
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS;
THE SAID 211.348 ACRES BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2 INCH DIAMETER STEEL PIN FOUND WITH CAP
MARKED LENZ & ASSOC ON THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY
183 AT THE NORTHERLY MOST CORNER OF THE SAID TRACT 3;
THENCE, S 04°08'59" E, A DISTANCE OF 1924.31 FEET ALONG THE
WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 183, THE SAME BEING THE EAST
LINE OF THE SAID TRACT 3, TRACT 2 AND TRACT 6, TO A 1/2 INCH DIAMETER
STEEL PIN FOUND WITH CAP MARKED LENZ & ASSOC AT THE SOUTHEAST CORNER
OF THE SAID TRACT 6;
THENCE, S 85°47'49" W, A DISTANCE OF 825.12 FEET TO A 1/2 INCH
DIAMETER STEEL PIN FOUND WITH CAP MARKED HINKLE AT THE SOUTHWEST
CORNER OF THE SAID TRACT 6, THE SAME BEING THE SOUTHEAST CORNER OF
THE SAID TRACT 5;
THENCE S 71°51'32" W, A DISTANCE OF 668.21 FEET TO A COMPUTED
POINT AT THE SOUTHWEST CORNER OF THE SAID TRACT 5 ON THE NORTHEAST
LINE OF THE SAID TRACT 7;
THENCE, S 47°08'40" E, A DISTANCE OF 630.54 FEET TO A1/2 INCH
DIAMETER STEEL IN FOUND ON THE NORTH RIGHT-OF-WAY LINE OF F.M.
HIGHWAY 1327 AT THE SOUTHEAST CORNER OF THE SAID TRACT 7;
THENCE, S 73°47'17" W, A DISTANCE OF 1483.54 FEET ALONG THE
NORTH RIGHT-OF-WAY LINE OF F.M. HIGHWAY 1327 TO A COMPUTED POINT AT
AN EXTERIOR CORNER OF THE SAID TRACT 7;
THENCE, N 47°25'48" W, A DISTANCE OF 478.19 FEET TO A 1/2 INCH
DIAMETER STEEL PIN FOUND AT AN INTERIOR CORNER OF THE SAID TRACT 7;
THENCE, S 42°24'52" W, A DISTANCE OF 313.00 FEET TO A 1/2 INCH
DIAMETER STEEL PIN FOUND AT AN EXTERIOR CORNER OF THE SAID TRACT 7;
THENCE, N 62°17'17" W, A DISTANCE OF 1295.87 FEET TO A 1/2 INCH
DIAMETER STEEL PIN FOUND AT THE MOST WESTERLY OR SOUTHWEST CORNER OF
THE SAID TRACT 7;
THENCE, N 28°02'48" E, A DISTANCE OF 1393.50 FEET TO A 1/2 INCH
DIAMETER STEEL PIN FOUND WITH CAP MARKED LENZ & ASSOC AT THE
NORTHWEST CORNER OF THE SAID TRACT 7, THE SAME BEING THE SOUTHWEST
CORNER OF THE SAID TRACT 8;
THENCE, N 27°41'52" E A DISTANCE OF 1635.14 FEET ALONG THE
WEST LINE OF THE SAID TRACT 8 AND TRACT 1, CROSSING THE SAID 141.321
ACRE MUSTANG RIDGE, LLC TRACT, TO A 1/2 INCH DIAMETER STEEL PIN
FOUND AT THE SOUTHWEST CORNER OF THE SAID TRACT 4;
THENCE, N 27°30'40" E, A DISTANCE OF 378.90 FEET TO A 1/2 INCH
DIAMETER STEEL PIN FOUND WITH CAP MARKED CHAPARRAL AT THE NORTHWEST
CORNER OF THE SAID TRACT 4;
THENCE, S 61°49'55" E, A DISTANCE OF 2300.72 FEET TO A 1/2 INCH
DIAMETER STEEL PIN FOUND AT THE NORTHEAST CORNER OF THE SAID TRACT 4
ON WEST LINE OF THE SAID TRACT 3;
THENCE, N 42°24'59" E, A DISTANCE OF 552.95 FEET TO THE PLACE
OF BEGINNING, CONTAINING 211.348 ACRES OF LAND, MORE OR LESS.
SECTION 3. (a) Subtitle C, Title 4, Special District Local
Laws Code, is amended by adding Chapter 4015 to read as follows:
CHAPTER
4015.
WOLF CREEK MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A.
GENERAL PROVISIONS
Sec. 4015.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Greenville.
(3) "County" means Hunt County.
(4) "Director" means a board member.
(5)
"District" means the Wolf Creek Municipal
Management District No. 1.
Sec.
4015.0102.
NATURE OF DISTRICT. The Wolf Creek
Municipal Management District No. 1 is a special district created
under Section 59, Article XVI, Texas Constitution.
Sec.
4015.0103.
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,
the city, and other political subdivisions to contract with the
district, the legislature has established a program to accomplish
the public purposes set out in Section 52-a, Article III, Texas
Constitution.
(c)
The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(d)
This chapter and the creation of the district may not be
interpreted to relieve the county or the city from providing the
level of services provided as of the effective date of the Act
enacting this chapter to the area in the district. The district is
created to supplement and not to supplant county or city services
provided in the district.
Sec.
4015.0104.
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.
4015.0105.
INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section
3(b) of the Act enacting this chapter.
(b)
The boundaries and field notes contained in
Section
3(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.
4015.0106.
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.
4015.0107.
APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec.
4015.0108.
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.
4015.0201.
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.
4015.0202.
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.
(c)
Sections 375.069 and 375.070, Local Government Code, do
not apply to the board.
Sec.
4015.0203.
TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district according to the most recent certified tax appraisal roll
for the county 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 4015.0201.
(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 creating 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
according to the most recent certified tax appraisal roll for the
county may submit a petition to the Texas Commission on
Environmental Quality 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.
4015.0301.
GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec.
4015.0302.
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.
4015.0303.
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.
4015.0304.
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.
4015.0305.
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.
4015.0306.
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.
4015.0307.
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.
4015.0308.
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.
4015.0309.
ADDING OR EXCLUDING LAND. Except as
provided by Section 4015.0310, 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.
4015.0310.
DIVISION OF DISTRICT.
(a) The district may
be
divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b)
This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c)
Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section
3(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
initial directors for each new district;
and
(4)
provide
for the division of assets and liabilities
between or among the new districts.
(f)
On or before the 30th day after the date of adoption of
an
order
dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
Sec.
4015.0311.
EMINENT DOMAIN. Subject to the limitations
provided by Section 54.209, Water Code, the district may exercise
the power of eminent domain in the manner provided by Section
49.222, Water Code.
SUBCHAPTER D. ASSESSMENTS
Sec.
4015.0401.
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.
4015.0402.
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.
4015.0501.
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.
4015.0502.
OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 4015.0501, 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.
4015.0503.
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, by public or private sale,
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, county, or other retail
utility provider pursuant to an agreement with the district entered
into before the issuance of the obligation.
Sec.
4015.0504.
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.
4015.0505.
BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
4015.0501, 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.
SUBCHAPTER I. DISSOLUTION
Sec.
4015.0901.
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 Wolf Creek Municipal Management District No. 1
initially includes all territory contained in the following area:
LEGAL DESCRIPTION - TRACT 1
760.994 ACRE TRACT
LEGAL DESCRIPTION: Being 760.994 acres of land out of the E. Tedwell
Survey, Abstract No. 1035, the J. C. Bates Survey, Abstract No. 35,
I. White Survey, Abstract No. 144, J. Grilski Survey, Abstract
No. 387, the W. Rogers Survey, Abstract No. 1885, the A. J. Hefner
Survey, Abstract No. 473 and the Wm. H. Sowell Survey, Abstract
No. 996 in Hunt County, Texas and also being all of that certain
760.70 acre tract described in Doc. #2023-10812 of the Official
Public Records of said Hunt County, Texas; Said 760.70 acre tract
being more particularly described as follows and as surveyed under
the supervision of Cross Texas Land Services, Inc in October, 2024:
BEGINNING at a calculated point in the east line of State Highway
No. 34 for the northwest corner of that certain 93.00 acre tract
described in Volume 1493, Page 676 of the Official Public Records
and the southwest corner hereof;
THENCE along the east line of said Highway, the following 3 courses:
1. North 00°22'32" West a distance of 752.68 feet to a
concrete monument found;
2. Along a curve turning to the left with an arc length of
1345.62 feet, with a radius of 2914.79 feet, with a chord bearing of
North 13°30'37" West, a distance of 1333.70 feet to a 1/2" iron rod
with cap found;
3. North 26°40'59" West a distance of 1444.79 feet to a 1/2"
iron rod with cap found for the southeast corner of that certain
28.000 acre tract described in Volume 530, Page 896 of the Official
Public Records and a corner hereof;
THENCE along the south and east lines of said 28.000 acre tract, the
following 2 courses:
1. North 89°25'39" East a distance of 2361.72 feet to a 3/8"
iron rod found;
2. North 00°50'48" West a distance of 738.78 feet to a 3/8"
iron rod found for the northeast corner of said 28.000 acre tract
and the southeast corner of that certain 20.000 acre tract
described in Volume 1426, Page 349 of the Official Public Records;
THENCE along the east lines of said 20.000 acre tract and another
20.000 acre tract described in said Volume 1426, Page 349, the
following 2 courses:
1. North 00°56'12" West a distance of 316.90 feet to a 3/8"
iron rod found;
2. North 00°11'39" West a distance of 312.42 feet to a 3/8"
iron rod found for the northeast corner of said 20.000 acre tract
and the southeast corner of that certain 35.00 acre tract described
in Doc #2017-17935 of the Official Public Records;
THENCE North 00°30'43" West a distance of 1117.52 feet along the
east lines of said 35.00 acre tract and that certain 30.932 acre
tract described in Volume 151, Page 816 of the Official Public
Records to a 1/2" iron rod found for the northeast corner of said
30.932 acre tract and the southeast corner of that certain 26.350
acre tract described in Doc. #2017-10496 of the Official Public
Records;
THENCE along the east line of said 26.350 acre tract, the following
3 courses:
1. North 00°43'09" West a distance of 291.80 feet to a 6"
fence corner post found;
2. North 89°59'29" West a distance of 820.45 feet to a 1/2"
iron rod found;
3. North 00°18'57" West a distance of 321.55 feet to a 1/2"
iron rod found for the northeast corner of said 26.350 acre tract
and the southeast corner of the KRS Acres Subdivision recorded in
Cabinet I, Slide 118 of the Plat Records of said Hunt County, Texas;
THENCE along the east line of said KRS Acres Subdivision, the
following courses:
1. North 00°07'49" East a distance of 486.54 feet to a 1/2"
iron rod found;
2. South 89°57'14" West a distance of 823.22 feet to a 10"
fence corner post found;
3. North 01°27'39" West a distance of 148.71 feet to a 1/2"
iron rod with cap found;
4. North 01°06'12" West a distance of 275.06 feet to a 1/2"
iron rod with cap found;
5. North 00°58'47" West a distance of 363.10 feet to a
calculated point;
6. South 89°09'30" West a distance of 571.70 feet to a 3/8"
iron rod found for a corner of said Subdivision and the southeast
corner of that certain 2.48 acre tract described in Volume 1246,
Page 614 of the Official Public Records;
THENCE North 00°59'32" East a distance of 190.75 feet along the east
line of said 2.48 acre tract to a 3/8" iron rod found for the
northeast corner of said 2.48 acre tract and the southeast corner of
the Fox Ranch Subdivision recorded in Cabinet I, Slide 190 of said
Plat Records;
THENCE along the east and north lines of said Subdivision, the
following 3 courses:
1. North 00°16'43" East a distance of 791.33 feet to a 3/8"
iron rod found;
2. North 89°34'03" West a distance of 330.97 feet to a 1/2"
iron rod found;
3. North 89°48'03" West a distance of 218.58 feet to a 1/2"
iron rod with cap found in the east line of said Highway for the
northwest corner of said Subdivision and a corner hereof;
THENCE North 00°39'23" West a distance of 1320.29 feet along the
east line of said Highway to a 1/2" iron rod with cap found for the
southwest corner of that certain 1.94 acre tract described in Doc
#2022-26595 of the Official Public Records and a corner hereof;
THENCE along the south and east lines of said 1.94 acre tract, the
following 2 courses:
1. North 87°17'01" East a distance of 425.37 feet to a 8"
fence corner post found;
2. North 02°19'21" East a distance of 184.09 feet to a 1/2"
iron rod with cap found in the south line of that certain 4.466 acre
tract described in Doc #2021-15766 of the Official Public Records
for the northeast corner of said 1.94 acre tract and a corner
hereof;
THENCE along the south and east lines of said 4.466 acre tract and
the east line of that certain 2.181 acre tract described in Doc
#2022-27712 of the Official Public Records, the following 2
courses:
1. North 89°41'23" East a distance of 322.86 feet to a 1/2"
iron rod with cap found;
2. North 00°30'12" West, at a distance of 1216.14 feet pass a
1/2" iron rod with cap found in the south line of County Road 4300,
in all a total distance of 1238.71 feet to a calculated point in the
centerline of said County Road 4300 for the northeast corner of said
2.181 acre tract and the northwest corner hereof;
THENCE along the centerline of said County Road 4300, the following
8 courses:
1. North 86°07'51" East a distance of 262.27 feet to a point;
2. North 86°43'14" East a distance of 80.79 feet to a point;
3. North 89°47'16" East a distance of 86.35 feet to a point;
4. South 88°04'38" East a distance of 123.14 feet to a point;
5. South 86°21'55" East a distance of 146.45 feet to a point;
6. South 69°38'53" East a distance of 128.91 feet to a point;
7. South 27°52'20" East a distance of 95.06 feet to a point;
8. South 44°16'56" East a distance of 8.18 feet to a point
for the northwest corner of that certain 34.44 acre tract described
in Doc #2023-9748 of the Official Public Records and the northeast
corner hereof;
THENCE along the west and south lines of said 34.44 acre tract, the
following 2 courses:
1. South 00°23'08" East, at a distance of 90.45 feet pass a
1/2" iron rod with cap found, in all a total distance of 1118.08
feet to a 1/2" iron rod found;
2. North 89°18'21" East a distance of 1321.38 feet to a
calculated point for the southeast corner of said 34.44 acre tract,
the southwest corner of that certain 18.943 acre tract described in
Doc #2017-370 of the Official Public Records, the northwest corner
of that certain 25.825 acre tract described in Doc #2009-15211 of
the Official Public Records and a corner hereof and from which a 1"
sq. rod found bears North 87°50'13" West a distance of 42.02 feet;
THENCE South 00°09'42" East, at distance of 893.3 feet pass a 1/2"
iron rod with cap found, in all a total distance of 938.30 feet
along the west line of said 25.825 acre tract and that certain tract
described in Volume 483, Page 283 to a point in the record
centerline of a Creek;
THENCE along the record centerline of said Creek and the west line
of said 483, Page 283, the following courses:
1. South 72°08'04" East a distance of 45.78 feet to a point;
2. South 33°20'42" East a distance of 27.02 feet to a point;
3. South 10°58'08" East a distance of 29.00 feet to a point;
4. North 89°28'00" East a distance of 105.66 feet to a point;
5. South 25°24'59" East a distance of 74.13 feet to a point;
6. South 49°16'58" East a distance of 58.57 feet to a point;
7. South 03°24'42" West a distance of 44.07 feet to a point;
8. South 40°09'20" East a distance of 139.97 feet to a point;
9. South 13°31'51" East a distance of 183.34 feet to a point;
10. South 05°58'44" West a distance of 53.06 feet to a point;
11. South 46°20'36" East a distance of 37.87 feet to a point;
12. South 81°03'48" East a distance of 89.18 feet to a point;
13. South 40°46'19" East a distance of 94.55 feet to a point;
14. South 22°13'47" East a distance of 2851.43 feet to a 1/2"
iron rod with cap found for a corner of said tract described in
Volume 483, Page 283 and a corner hereof;
THENCE North 89°49'48" East, at a distance of 559.87 feet pass a 1/2"
iron rod with cap found, in all a total distance of 609.92 feet
along the south line of said tract described in Volume 483, Page
2583 to a point in the centerline of a Creek for the northwest
corner of that certain 89.08 acre tract described in Doc
#2022-17135 of the Official Public Records and a corner hereof;
THENCE along the record centerline of said Creek, the following 30
courses:
1. South 04°35'43" West a distance of 25.00 feet to a point;
2. South 33°29'24" West a distance of 70.77 feet to a point;
3. South 00°49'53" East a distance of 166.09 feet to a point;
4. South 35°55'14" West a distance of 61.54 feet to a point;
5. South 67°26'06" West a distance of 36.23 feet to a point;
6. North 52°02'58" West a distance of 19.73 feet to a point;
7. South 69°33'07" West a distance of 42.88 feet to a point;
8. South 32°30'15" West a distance of 39.90 feet to a point;
9. South 03°09'50" East a distance of 49.91 feet to a point;
10. South 21°23'35" East a distance of 65.09 feet to a point;
11. South 01°42'59" West a distance of 136.42 feet to a
point;
12. South 08°19'20" East a distance of 77.22 feet to a point;
13. South 08°28'17" West a distance of 158.52 feet to a
point;
14. South 75°48'53" West a distance of 67.64 feet to a point;
15. South 28°26'38" West a distance of 33.40 feet to a point;
16. South 43°08'40" East a distance of 29.07 feet to a point;
17. South 78°40'43" East a distance of 42.05 feet to a point;
18. South 30°03'18" East a distance of 90.52 feet to a point;
19. South 13°53'28" East a distance of 109.94 feet to a
point;
20. South 12°20'16" West a distance of 36.54 feet to a point;
21. South 46°21'58" West a distance of 23.87 feet to a point;
22. South 69°56'27" West a distance of 71.22 feet to a point;
23. South 46°37'01" West a distance of 25.98 feet to a point;
24. South 04°06'30" East a distance of 20.05 feet to a point;
25. South 44°50'29" East a distance of 162.99 feet to a
point;
26. South 25°51'29" East a distance of 26.40 feet to a point;
27. South 04°38'56" West a distance of 83.37 feet to a point;
28. South 23°22'06" East a distance of 107.32 feet to a
point;
29. South 04°04'14" East a distance of 140.82 feet to a
point;
30. South 14°36'18" East a distance of 51.47 feet to a point
in the north line of that certain tract described in Volume 777,
Page 461 of said Official Public Records and a corner hereof and
from which a 8" pipe fence corner post found bears South 59°40'31"
East a distance of 25.10 feet;
THENCE along the west line of said tract described in Volume 777,
Page 461, the following 3 courses:
1. South 89°43'51" West a distance of 83.23 feet to a
calculated point and from which a bent axle at a fence corner post
found bears South 70°46'58" West a distance of 22.99 feet;
2. South 01°35'00" East a distance of 1488.00 feet to a 1/2"
iron rod found;
3. South 86°11'03" East a distance of 646.88 feet to a 1/2"
iron rod found in the east line of that certain 62.400 acre tract
described in Doc #2015-4073 of the Official Public Records for a
corner of said tract described in Volume 777, Page 461 and a corner
hereof;
THENCE South 00°56'41" East a distance of 1384.62 feet along the
west line of said 62.400 acre tract to a 1 1/2" iron rod found in the
north line of that certain 95.59 acre tract described in Doc
#2016-32 of the Official Public Records for a corner of said 62.400
acre tract and a corner hereof;
THENCE along the north and west lines of said 95.59 acre tract, the
following 23 courses:
1. South 89°09'49" West, at a distance of 845.47 feet pass a
10" fence corner post found, in all a total distance of 874.34 feet
to a point in the record centerline of a Creek;
2. Continue along the record centerline of said Creek, South
00°24'14" West a distance of 250.46 feet to a point;
3. South 35°13'54" East a distance of 55.71 feet to a point;
4. South 19°10'32" East a distance of 74.84 feet to a point;
5. South 40°21'36" East a distance of 54.71 feet to a point;
6. South 07°41'54" East a distance of 46.68 feet to a point;
7. South 09°28'03" West a distance of 62.39 feet to a point;
8. South 21°39'28" East a distance of 21.73 feet to a point;
9. South 46°03'09" East a distance of 82.83 feet to a point;
10. South 02°15'15" East a distance of 44.46 feet to a point;
11. South 14°28'10" West a distance of 46.62 feet to a point;
12. South 32°18'24" West a distance of 89.85 feet to a point;
13. South 11°49'48" West a distance of 39.97 feet to a point;
14. South 23°03'12" East a distance of 31.07 feet to a point;
15. South 40°07'39" East a distance of 145.23 feet to a
point;
16. South 03°17'29" East a distance of 63.16 feet to a point;
17. South 43°44'01" West a distance of 78.37 feet to a point;
18. South 04°20'02" West a distance of 27.84 feet to a point;
19. South 17°04'50" East a distance of 73.72 feet to a point;
20. South 45°05'59" East a distance of 103.01 feet to a
point;
21. South 00°05'44" East a distance of 45.17 feet to a point;
22. South 31°59'19" West a distance of 74.10 feet to a point;
23. South 13°04'12" West a distance of 15.89 feet to a point
for a corner of said 95.59 acre tract, the northeast corner of that
certain 140 acre tract described in Doc #2019-07238 of the Official
Public Records and the southeast corner hereof and from which a 1/2"
iron rod on west bank of creek bears South 89°46'46" West a distance
of 15.33 feet;
THENCE South 89°46'46" West a distance of 3654.99 feet along the
north line of said 140 acre tract, the north line of that certain
54.76 acre tract described in Doc #2024-10813 of the Official
Public Records and the north line of said 93.00 acre tract to the
POINT OF BEGINNING containing 760.70 acres more or less, and as
shown hereon.
Note: Bearings, distances and acreage shown hereon are NAD 83,
Texas North Zone and are derived from GPS techniques. Iron Rod set
are 1/2 inch rod with plastic caps marked "CTLS".
LEGAL DESCRIPTION - TRACT 2
243.025 ACRE TRACT
LEGAL DESCRIPTION: Being 243.025 acres of land out of the J. Glass
Survey, Abstract No. 348 in Hunt County, Texas and also being all of
that certain 243.114 acre tract described in Doc. #2023-14230 of
the Official Public Records of said Hunt County, Texas; Said
243.025 acre tract being more particularly described as follows and
as surveyed under the supervision of Cross Texas Land Services, Inc
in October, 2024:
BEGINNING at a calculated point in the east line of that certain
4.7726 acre tract described in Doc. #2024-7702 of said Official
Public Records for the northwest corner of that certain 88.79 acre
tract described in Doc. #2021-10156 of said Official Public Records
and the southwest corner hereof and from which a 24" oak tree fence
corner found bears North 69°26'17" East a distance of 12.80 feet;
THENCE the following 5 courses:
1. North 01°06'32" West along the east line of said 4.7726
acre tract, at a distance of 173.07 feet pass a 5/8" iron rod found
for the northeast corner of said 4.7726 acre tract and a corner of
that certain 19.081 acre tract described in Doc. #2024-7702 of said
Official Public Records, continue along the east line of said
19.081 acre tract, a total distance of 670.12 feet to a 1/2" iron
rod found;
2. South 89°55'03" East a distance of 790.46 feet to a 3/8"
iron rod found;
3. North 14°11'34" West a distance of 618.30 feet to a 3/8"
iron rod found;
4. North 89°50'15" West a distance of 658.22 feet to a 4"
fence corner post found;
5. North 01°03'32" West a distance of 89.51 feet to a 3/8"
iron rod found for a corner of said 19.081 acre tract and the
southeast corner of that Legacy Farms Subdivision recorded in
Cabinet H, Slide 373-374 of the Plat Records of said Hunt County,
Texas;
THENCE along the east line of said Legacy Farms Subdivision, the
following 2 courses:
1. North 01°27'55" West a distance of 536.62 feet to a 1/2"
iron rod with cap found;
2. North 01°24'26" West a distance of 1099.63 feet to a
calculated point in the centerline of County Road 4303 for the
northeast corner of said Subdivision and the northwest corner
hereof and from which a 1/2" iron rod with cap found bears North
80°12'05" East a distance of 194.33 feet;
THENCE along the centerline of said County Road 4303, the following
8 courses:
1. North 89°38'33" East a distance of 2576.07 feet to a
point;
2. North 75°41'21" East a distance of 160.98 feet to a point;
3. North 00°12'13" West a distance of 20.62 feet to a 1/2"
iron rod found;
4. South 89°05'13" East a distance of 723.30 feet to a 1/2"
iron rod found;
5. South 89°08'42" East a distance of 118.08 feet to a 3/8"
iron rod found;
6. South 00°26'54" West a distance of 2398.12 feet to a 1/2"
iron rod with cap found;
7. South 89°49'50" East a distance of 671.05 feet to a 1/2"
iron rod found;
8. South 87°01'38" East a distance of 369.98 feet to an angle
iron found in the west line of State Highway No. 118 for a corner
hereof;
THENCE South 32°31'20" West a distance of 468.45 feet along the west
line of said Highway to a 5/8" iron rod found for the northeast
corner of that certain 1.0 acre tract described in Doc. #2018-95 of
said Official Public Records and the southeast corner hereof;
THENC South 89°32'11" West a distance of 784.64 feet along the north
line of said 1.0 acre tract and that certain 2.86 acre tract
described in Doc. #2019-5451 of said Official Public Records to a
5/8" iron rod found for the northwest corner of said 2.86 acre tract
and a corner hereof;
THENCE South 00°25'44" East a distance of 237.77 feet along the west
line of said 2.86 acre tract to a 5/8" iron rod found in the north
line of the Rolling Acres Phase One Subdivision recorded in Doc.
#2023-23698 of said Plat Records for the southwest corner of said
2.86 acre tract and a corner hereof;
THENCE North 89°59'35" West a distance of 1954.99 feet along the
north line of said Phase One to a 1/2" iron rod found for the
northwest corner of said Phase One and a corner of said 88.79 acre
tract;
THENCE South 89°58'52" West a distance of 1530.58 feet along the
north line of said 88.79 acre tract to the POINT OF BEGINNING
containing 243.025 acres more or less, and as shown hereon.
Note: Bearings, distances and acreage shown hereon are NAD 83,
Texas North Zone and are derived from GPS techniques. Iron Rod set
are 1/2 inch rod with plastic caps marked "CTLS".
LEGAL DESCRIPTION - TRACT 3
30.677 ACRE TRACT
LEGAL DESCRIPTION: Being 30.677 acres of land out of the D. Slack
Survey, Abstract No. 948 in Hunt County, Texas and also being all of
that certain 30.600 acre tract described in Volume 1334, Page 427 of
the Official Public Records of said Hunt County, Texas; Said 30.677
acre tract being more particularly described as follows and as
surveyed under the supervision of Cross Texas Land Services, Inc in
October, 2024:
BEGINNING at a 1/2" iron rod found in the east line of State Highway
No. 118 for the southwest corner of that certain 30.000 acre tract
described in Doc. #2008-15366 of said Official Public Records and
the northwest corner hereof;
THENCE North 89°35'08" East a distance of 1726.90 feet along the
south line of said 30.000 acre tract to a 1/2" iron rod found in the
west line of that certain 190.7175 acre tract described in Doc.
#2024-5341 of said Official Public Records for the southeast corner
of said 30.000 acre tract and the northeast corner hereof;
THENCE along the west line of said 190.7175 acre tract, the
following 3 courses:
1. South 18°41'51" East a distance of 117.55 feet to a 3/8"
iron rod found;
2. South 08°54'45" East a distance of 521.05 feet to a 3/8"
iron rod found;
3. South 03°53'59" East a distance of 334.52 feet to a 1/2"
iron rod with cap found in the north line of that certain 240.951
acre tract described in Volume 1695, Page 597 of said Official
Public Records for the southwest corner of said 190.7175 acre tract
and the southeast corner hereof;
THENCE South 89°32'41" West a distance of 471.82 feet along the
north line of said 240.951 acre tract to a 10" pine fence corner
post found in the east line of that certain 17.964 acre tract
described in Doc. #2014-4695 of said Official Public Records for
the northwest corner of said 240.951 acre tract and the southwest
corner hereof;
THENCE North 01°59'22" West a distance of 36.15 feet along the east
line of said 17.964 acre tract to a 5/8" iron rod found for the
northeast corner of said 17.964 acre tract and the southeast corner
of that certain 15.493 acre tract described in Doc. #2018-8241 of
said Official Public Records;
THENCE along east and north lines of said 15.493 acre tract, the
following 2 courses:
1. North 00°43'46" West a distance of 327.50 feet to a 1/2"
iron rod found;
2. North 89°46'58" West a distance of 1762.03 feet to a 3/8"
iron rod found in the east line of said Highway for the northwest
corner of said 15.493 acre tract and the southwest corner hereof;
THENCE North 32°35'06" East a distance of 689.32 feet along the east
line of said Highway to the POINT OF BEGINNING containing 30.677
acres more or less, and as shown hereon.
Note: Bearings, distances and acreage shown hereon are NAD 83,
Texas North Zone and are derived from GPS techniques. Iron Rod set
are 1/2 inch rod with plastic caps marked "CTLS".
LEGAL DESCRIPTION - TRACT 4
190.815 ACRE TRACT
LEGAL DESCRIPTION: Being 190.815 acres of land out of the D. Slack
Survey, Abstract No. 948 in Hunt County, Texas and also being all of
that certain 190.7175 acre tract described in Doc. #2024-5341 of
the Official Public Records of said Hunt County, Texas; Said
190.815 acre tract being more particularly described as follows and
as surveyed under the supervision of Cross Texas Land Services, Inc
in October, 2024:
BEGINNING at a 1/2" iron rod found in the bed of County Road 4305 and
the common line of the D. Slack Survey, Abstract No. 948 and said
Sweeney Survey and the north line of that certain 240.951 acre tract
described in Volume 1695, Page 597 of said Official Public Records
for the southeast corner hereof;
THENCE along the north line of said 240.951 acre tract and the north
line, the following 2 courses:
1. South 54°47'13" West a distance of 156.88 feet to a 1/2"
iron rod with cap found;
2. South 89°45'54" West a distance of 2735.96 feet to a 1/2"
iron rod with cap found for the southeast corner of that certain
30.600 acre tract described in Volume 1334, Page 427 of said
Official Public Records and the southwest corner hereof;
THENCE along the east line of said 30.600 acre tract, the following
3 courses:
1. North 03°53'59" West a distance of 334.52 feet to a 3/8"
iron rod found;
2. North 08°54'45" West a distance of 521.05 feet to a 3/8"
iron rod found;
3. North 18°41'51" West a distance of 117.55 feet to a 1/2"
iron rod found for the northeast corner of said 30.600 acre tract
and the southeast corner of that certain 30.000 acre tract
described in Doc. #2008-15366 of said Official Public Records;
THENCE the following 3 courses:
1. North 11°13'02" West along the east line of said 30.000
acre tract, at a distance of 1031.37 feet pass a 3/8" iron rod found
for the northeast corner of said 30.000 acre tract and the southeast
corner of that certain 2.2 acre tract described in Doc. #2014-2780
of said Official Public Records, in all a total distance of 1135.69
feet along the east line of said 2.2 acre tract to a calculated
point;
2. North 00°04'08" East a distance of 615.43 feet along the
east line of said 2.2 acre tract to a 1/2" iron rod found;
3. North 89°12'29" East a distance of 3227.73 feet along the
south line of that certain tract described in Volume 1460, Page 372
to a calculated point in the centerline of County Road 4305 for the
common line of said Sweeney Survey and said Slack Survey for the
southeast corner of said Volume 1460, Page 372 and the northeast
corner hereof and from which 4" pine fence corner post found bears
South 89°12'29" West a distance of 18.41 feet;
THENCE along the centerline of County Road 4305 for the common line
of said Sweeney Survey and said Slack Survey, the following 2
courses:
1. South 00°08'05" East a distance of 1173.72 feet to a
point;
2. South 00°11'08" West a distance of 1458.51 feet to the
POINT OF BEGINNING containing 190.815 acres more or less, and as
shown hereon.
Note: Bearings, distances and acreage shown hereon are NAD 83,
Texas North Zone and are derived from GPS techniques. Iron Rod set
are 1/2 inch rod with plastic caps marked "CTLS".
LEGAL DESCRIPTION - TRACT 5
102.514 ACRE TRACT
LEGAL DESCRIPTION: Being 102.514 acres of land out of the T. P.
Sweeney Survey, Abstract No. 960 in Hunt County, Texas and also
being all of that certain 102.552 acre tract described in Doc.
#2024-5341 of the Official Public Records of said Hunt County,
Texas; Said 102.514 acre tract being more particularly described as
follows and as surveyed under the supervision of Cross Texas Land
Services, Inc in October, 2024:
BEGINNING at a calculated point in the centerline of County Road
4307 for the common line of the R. McGahee Survey, Abstract No. 662
and said Sweeney Survey for the northeast corner of that certain
17.322 acre tract described in Doc. #2013-4011 of said Official
Public Records and the southeast corner hereof and from which a 3/4"
iron rod found bears North 89°19'35" West a distance of 21.71 feet;
THENCE along the north line of said 17.322 acre tract and the north
line of that certain 132.198 acre tract described in Volume 1695,
Page 597 of said Official Public Records, the following 2 courses:
1. North 89°19'35" West a distance of 819.24 feet to a 1/2"
iron rod found;
2. North 89°20'17" West a distance of 1553.74 feet to a 1/2"
iron rod found for the northwest corner of said 132.198 acre tract
and the northeast corner of that certain 240.951 acre tract
described in said Volume 1695, Page 597;
THENCE North 89°19'05" West a distance of 1123.55 feet along the
north line of said 240.951 acre tract to a 1/2" iron rod found in the
bed of County Road 4305 and the common line of the D. Slack Survey,
Abstract No. 948 and said Sweeney Survey for the northwest corner
of said 240.951 acre tract and the southwest corner hereof;
THENCE North 00°11'08" East a distance of 1458.51 feet along the
centerline of said County Road 4305 and said common line to a
calculated point for the southwest corner of that certain 10.010
acre tract described in Doc. #2024-04636 of said Official Public
Records and the northwest corner hereof and from which a 1/2" iron
rod found bears South 89°45'22" East a distance of 17.98 feet;
THENCE South 89°45'22" East a distance of 2284.86 feet along the
south line of said 10.010 acre tract and the south line of that
certain 26.058 acre tract described in Doc. #2013-5747 of said
Official Public Records to a 1/2" iron rod found for the southeast
corner of said 26.058 acre tract and the southwest corner of that
certain 10.082 acre tract described in Doc. #2021-10300 of said
Official Public Records;
THENCE South 89°48'34" East a distance of 381.30 feet along the
south line of said 10.082 acre tract to a 1/2" iron rod with cap
found for the northwest corner of that certain 14.4658 acre tract
described in Doc. #2024-05070 of said Official Public Records and
the northeast corner hereof;
THENCE along the west and south lines of said 14.4658 acre tract,
the following 2 courses:
1. South 00°16'22" East a distance of 786.45 feet to a 1/2"
iron rod with cap found;
2. South 86°22'24" East a distance of 795.46 feet to a
calculated point in the centerline of said County Road 4307 for said
common line of said McGahee Survey and said Sweeney Survey for the
southeast corner of said 14.4658 acre tract and a corner hereof and
from which a 1/2" iron rod with cap found bears North 86°22'24" West
a distance of 22.55 feet;
THENCE South 02°26'39" East a distance of 652.30 feet along the
centerline of said County Road 4307 for said common line of said
McGahee Survey and said Sweeney Survey to the POINT OF BEGINNING
containing 102.514 acres more or less, and as shown hereon.
Note: Bearings, distances and acreage shown hereon are NAD 83,
Texas North Zone and are derived from GPS techniques. Iron Rod set
are 1/2 inch rod with plastic caps marked "CTLS".
LEGAL DESCRIPTION - TRACT 6
114.976 ACRE TRACT
LEGAL DESCRIPTION: Being 114.976 acres of land out of the T. P.
Sweeney Survey, Abstract No. 960 in Hunt County, Texas and also
being a portion of that certain 132.198 acre tract described in
Volume 1695, Page 597 of the Official Public Records of said Hunt
County, Texas; Said 114.976 acre tract being more particularly
described as follows and as surveyed under the supervision of Cross
Texas Land Services, Inc in October, 2024:
BEGINNING at a 1/2" iron rod with cap found in centerline
intersection of County Road 4310/4307 and the common line of the
J. F. Gilbert Survey, Abstract No. 390 and said Sweeney Survey, the
for the southeast corner of said 132.198 acre tract and the
southeast corner hereof;
THENCE North 89°45'17" West a distance of 2508.86 feet along the
centerline of County Road 4310, the south line of said 132.198 acre
tract and the common line of said Gilbert Survey and said Sweeney
Survey to a calculated point for the southeast corner of that
certain 240.951 acre tract described in said Volume 1695, Page 597,
the southwest corner of said 132.198 acre tract and the southwest
corner hereof and from which a 1/2" iron rod with cap found bears
North 00°23'28" East a distance of 20.05 feet;
THENCE North 00°23'28" East a distance of 2368.82 feet along the
common line of said 240.951 acre tract and said 132.198 acre tract
to a 1/2" iron rod with cap found in the south line of that certain
102.552 acre tract described in Doc. #2024-5341 of said Official
Public Records for the northeast corner of said 240.951 acre tract,
the northwest corner of said 132.198 acre tract and the northwest
corner hereof;
THENCE South 89°20'17" East a distance of 1460.96 feet along the
common line of said 102.552 acre tract and said 132.198 acre tract
to a calculated point for the northwest corner of that certain
17.322 acre tract described in Doc. #2013-4011 of said Official
Public Records and the northeast corner hereof and from which a 1/2"
iron rod with cap found bears South 89°20'17" East a distance of
92.77 feet;
THENCE along the west and south lines of said 17.322 acre tract and
crossing said 132.198 acre tract, the following courses:
1. South 00°05'21" East a distance of 121.94 feet to a
calculated point;
2. South 05°41'02" East a distance of 89.01 feet to a
calculated point;
3. South 03°27'48" East a distance of 110.51 feet to a
calculated point;
4. South 00°57'43" East a distance of 159.65 feet to a
calculated point;
5. South 00°38'15" East a distance of 165.15 feet to a
calculated point;
6. South 06°49'22" East a distance of 140.83 feet to a
calculated point;
7. South 06°57'07" East a distance of 47.87 feet to a t-post;
8. North 89°26'29" East a distance of 913.79 feet to a
calculated point in the centerline of said County Road 4307 for the
common line of the R. McGahee Survey, Abstract No. 662 and said
Sweeney Survey and the east line of said 132.198 acre tract for the
southeast corner of said 17.322 acre tract and a corner hereof and
from which a 1/2" iron rod with cap found bears South 89°26'29" West
a distance of 32.39 feet;
THENCE South 02°48'09" East a distance of 1540.45 feet along the
centerline of said County Road 4307 for the common line of said
McGahee Survey and said Sweeney Survey and the east line of said
132.198 acre tract to the POINT OF BEGINNING containing 114.976
acres more or less, and as shown hereon.
Note: Bearings, distances and acreage shown hereon are NAD 83,
Texas North Zone and are derived from GPS techniques. Iron Rod set
are 1/2 inch rod with plastic caps marked "CTLS".
LEGAL DESCRIPTION - TRACT 7
89.570 ACRE TRACT
LEGAL DESCRIPTION: Being 89.570 acres of land out of the J. F.
Gilbert Survey, Abstract No. 390 in Hunt County, Texas and also
being all of that certain 89.42 acre tract described in Doc.
#2023-21984 of the Official Public Records of said Hunt County,
Texas; Said 89.570 acre tract being more particularly described as
follows and as surveyed under the supervision of Cross Texas Land
Services, Inc in October, 2024:
BEGINNING at a calculated point in the south line of County Road
4310 for the northeast corner of that certain 162.036 acre tract
described in Volume 302, Page 497 of said Official Public Records
and the northwest corner hereof and from which a car axle found
bears North 00°11'39" West a distance of 1.38 feet;
THENCE North 89°46'57" East along the south line of said County Road
4310 and the south line of that certain 19.55 acre tract described
in Doc. #2010-366 of said Official Public Records, at a distance of
2186.29 feet pass a 3/8" iron rod found for the southeast corner of
said 19.55 acre tract and the southwest corner of that certain
19.950 acre tract described in Doc. #2024-9188 of said Official
Public Records, in all a total distance of 2211.51 feet to a
calculated point for the northwest corner of that certain 22.13
acre tract described in Doc. #2022-8417 of said Official Public
Records and the northeast corner hereof and from which 6" cedar
fence corner post found bears South 74°15'47" West a distance of
5.32 feet;
THENCE South 00°04'48" West along the west line of said 22.13 acre
tract, at a distance of 1475.02 feet pass a 6" pine fence corner
post found for the southwest corner of said 22.13 acre tract and the
northwest corner of that certain 28.01 acre tract described in Doc.
#2020-19273 of said Official Public Records, in all a total
distance of 1698.05 feet to a calculated point for the northeast
corner of that certain 35.65 acre tract described in Doc.
#2023-4933 of said Official Public Records and the southeast corner
and from which a 6" pine fence corner post found bears North
88°22'08" West a distance of 5.47 feet;
THENCE North 88°22'08" West a distance of 855.51 feet along the
north line of said 35.65 acre tract to a I-beam fence corner post
found for the northwest corner of said 35.65 acre tract and the
northeast corner of that certain 297.870 acre tract described in
Doc. #2023-15828 of said Official Public Records;
THENCE North 89°19'33" West a distance of 2051.13 feet along the
north line of said 297.93 acre tract to a 6" pine fence corner post
found for a corner of said 162.036 acre tract and the southwest
corner hereof;
THENCE along the east line of said 162.036 acre tract, the following
3 courses:
1. North 00°25'35" East a distance of 304.50 feet to a
railroad tie fence corner post found;
2. North 89°57'24" East a distance of 699.30 feet to a 6"
pine fence corner post found;
3. North 00°11'39" West a distance of 1336.17 feet to the
POINT OF BEGINNING containing 89.570 acres more or less, and as
shown hereon.
Note: Bearings, distances and acreage shown hereon are NAD 83,
Texas North Zone and are derived from GPS techniques. Iron Rod set
are 1/2 inch rod with plastic caps marked "CTLS".
LEGAL DESCRIPTION - TRACT 8
297.870 ACRE TRACT
LEGAL DESCRIPTION: Being 297.870 acres of land out of the T. Toby
Survey, Abstract No. 1065, the A. Skaats Survey, Abstract No. 1016
and the B. Barr Survey, Abstract No. 46 in Hunt County, Texas and
also being all of that certain 297.93 acre tract described in Doc.
#2023-15828 of the Official Public Records of said Hunt County,
Texas; Said 297.870 acre tract being more particularly described as
follows and as surveyed under the supervision of Cross Texas Land
Services, Inc in October, 2024:
BEGINNING at a concrete highway monument found in the northwest
line of State Highway No. 224 for the southwest corner of that
certain 31.915 acre tract described in Doc. #2021-6498 of said
Official Public Records and the southeast corner hereof and from
which an angle iron at a fence corner post found bears North
61°53'25" East a distance of 2.89 feet;
THENCE along the north line of said Highway, the following 4
courses:
1. Along a curve turning to the right with an arc length of
2208.08 feet, with a radius of 3734.72 feet, with a chord bearing of
South 73°32'25" West, a distance of 2176.06 feet to a concrete
highway monument found;
2. North 89°35'44" West a distance of 368.06 feet to a
concrete highway monument found;
3. North 00°11'50" East a distance of 20.35 feet to a
concrete highway monument found;
4. North 89°36'21" West a distance of 864.82 feet to a 1/2"
iron rod with cap found for the southeast corner of that certain
15.00 acre tract described in Doc. #2023-16273 of said Official
Public Records and the southwest corner hereof;
THENCE along the east and north lines of said 15.00 acre tract and
the north line of that certain 15.72 acre tract described in Doc.
#2023-16277 of said Official Public Records, the following 2
courses:
1. North 00°24'03" East a distance of 907.10 feet to a 1/2"
iron rod with cap found;
2. North 89°37'05" West a distance of 787.61 feet to a 1/2"
iron rod cap found for the southeast corner of that certain 11.000
acre tract described in Doc. #2023-12304 of said Official Public
Records and a corner hereof;
THENCE along the east and north lines of said 11.000 acre tract, the
following 2 courses:
1. North 00°23'24" East a distance of 469.77 feet to a 1/2"
iron rod with cap found;
2. South 89°56'37" West, at a distance of 1000.44 feet pass a
1/2" iron rod with cap found, in all a total distance of 1030.47
feet to a calculated point near the centerline of County Road 4200
for the northwest corner of said 11.000 acre tract and a corner
hereof;
THENCE North 00°03'45" West a distance of 589.60 feet along the
centerline of said County Road 4200 to a calculated point for the
southwest corner of that certain 7.43 acre tract described in Doc.
#2013-7 of said Official Public Records and a corner hereof;
THENCE along the south and east lines of said 7.43 acre tract, the
following 2 courses:
1. North 89°57'18" East, at a distance of 24.35 feet pass a
1/2" iron rod with cap found, in all a total distance of 705.40 feet
to a cut oof 5" pine fence corner post found;
2. North 00°03'26" West a distance of 617.01 feet to a 1/2"
iron rod with cap found in the south line of said County Road 4200
and the common line of the J. Stevens Survey, Abstract No. 995 and
said Toby Survey for the northeast corner of said 7.43 acre tract
and a corner hereof;
THENCE North 89°58'28" East a distance of 141.73 feet along the
common line of said Stevens Survey and said Toby Survey to a 8"
cedar fence corner post found for the southeast corner of said
Stevens Survey, a corner of said Barr Survey, the southwest corner
of that certain 162.036 acre tract described in Volume 302, Page 497
of said Official Public Records and a corner hereof;
THENCE along the southeast line of said 162.036 acre tract, the
following 3 courses:
1. North 89°56'13" East a distance of 2053.09 feet along the
common line of said Barr Survey and said Toby Survey to a 8" cedar
fence corner post found;
2. North 04°42'24" East a distance of 1205.99 feet to a 8"
pine fence corner post found for a corner of the J. Glass Survey,
Abstract No. 349 and the northwest corner of said Barr Survey;
3. North 89°29'43" East a distance of 78.57 feet along the
common line of said Glass Survey and said Barr Survey to a 6" pine
fence corner post found for a corner of said 162.036 acre tract and
a corner of that certain 89.42 acre tract described in Doc.
#2023-21984 of said Official Public Records;
THENCE South 89°19'33" East a distance of 2051.13 feet along the
south line of said 89.42 acre tract to a 4" I-beam fence corner post
found for the northwest corner of that certain 35.65 acre tract
described in Doc. #2023-4933 of said Official Public Records and
the northeast corner hereof;
THENCE South 00°04'11" East a distance of 1097.80 feet along the
west line of said 35.65 acre tract to a 3/8" iron rod found for the
southwest corner of said 35.65 acre tract and the northwest corner
of said 31.915 acre tract;
THENCE South 00°01'03" West a distance of 2083.58 feet along the
west line of said 31.915 acre tract to the POINT OF BEGINNING
containing 297.870 acres more or less, and as shown hereon.
Note: Bearings, distances and acreage shown hereon are NAD 83,
Texas North Zone and are derived from GPS techniques. Iron Rod set
are 1/2 inch rod with plastic caps marked "CTLS".
(c) Section 4015.0311, Special District Local Laws Code, as
added by Section 3(a) of this Act, takes effect only if this Act
receives a two-thirds vote of all the members elected to each house.
(d) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 4015, Special
District Local Laws Code, as added by Section 3(a) of this Act, is
amended by adding Section 4015.0311 to read as follows:
Sec.
4015.0311.
NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SECTION 4. (a) Subtitle C, Title 4, Special District Local
Laws Code, is amended by adding Chapter 4022 to read as follows:
CHAPTER 4022. RIVERS MARKET PLACE MUNICIPAL MANAGEMENT DISTRICT
SUBCHAPTER A.
GENERAL PROVISIONS
Sec. 4022.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Elgin.
(3) "Director" means a board member.
(4)
"District" means the Rivers Market Place Municipal
Management District.
Sec.
4022.0102.
NATURE OF DISTRICT. The Rivers Market
Place Municipal Management District is a special district created
under Section 59, Article XVI, Texas Constitution.
Sec.
4022.0103.
PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b)
By creating the district and in authorizing the city and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(c)
The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(d)
This chapter and the creation of the district may not be
interpreted to relieve the city from providing the level of
services provided as of the effective date of the Act enacting this
chapter to the area in the district. The district is created to
supplement and not to supplant city services provided in the
district.
Sec.
4022.0104.
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.
4022.0105.
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 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.
4022.0106.
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.
4022.0107.
APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec.
4022.0108.
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.
4022.0201.
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.
4022.0202.
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.
(c)
Sections 375.069 and 375.070, Local Government Code, do
not apply to the board.
Sec.
4022.0203.
TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district according to the most recent certified tax appraisal roll
for the county 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 4022.0201.
(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 creating 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
according to the most recent certified tax appraisal roll for the
county may submit a petition to the Texas Commission on
Environmental Quality 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.
4022.0301.
GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec.
4022.0302.
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.
4022.0303.
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.
4022.0304.
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.
4022.0305.
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.
4022.0306.
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.
4022.0307.
ADDING OR EXCLUDING LAND. Except as
provided by Section 4022.0308, 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.
4022.0308.
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) An order dividing the district must:
(1) name each new district;
(2)
include the metes and bounds description of the
territory of each new district;
(3)
appoint initial directors for each new district;
and
(4)
provide for the division of assets and liabilities
between or among the new districts.
(f)
On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(g)
Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(h)
Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
4022.0506 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
Sec.
4022.0309.
EMINENT DOMAIN. Subject to the limitations
provided by Section 54.209, Water Code, the district may exercise
the power of eminent domain in the manner provided by Section
49.222, Water Code.
SUBCHAPTER D. ASSESSMENTS
Sec.
4022.0401.
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.
4022.0402.
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.
4022.0501.
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.
4022.0502.
OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 4022.0501, 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.
4022.0503.
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, by public or private sale,
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 limitation on the outstanding principal amount of
bonds, notes, or other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
Sec.
4022.0504.
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.
4022.0505.
BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
4022.0501, 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.
4022.0506.
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.
4022.0901.
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 Rivers Market Place Municipal Management District
initially includes all territory contained in the following area:
Tract 1:
FIELD NOTES FOR A 45.555 ACRE TRACT OF LAND OUT OF THE
ELIZABETH STANDIFER SURVEY, ABSTRACT NO. 59, AND THE JONATHAN
BURLESON SURVEY, ABSTRACT NO. 18, BOTH OF BASTROP COUNTY, TEXAS;
BEING A PORTION OF A CALLED 60.00 ACRE TRACT OF LAND AS CONVEYED TO
SHERRI MARSHALL RIVERS BY SPECIAL WARRANTY DEED RECORDED IN
DOCUMENT NUMBER 201509108 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP
COUNTY, TEXAS; SAID 45.555 ACRE TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod found on the south
right-of-way line of U.S. Highway 290 (240 feet wide) as shown on
the State of Texas State Department of Highways and Public
Transportation map Control No. 114-4-37, at the northeast corner of
the above described Rivers 60.00 acre tract and at the northwest
corner of Lot 2, Block A of Elgin Business Park II, a subdivision as
recorded in Cabinet 6, Page 116A of the Plat Records of Bastrop
County, Texas, for the northeast corner and POINT OF BEGINNING of
the herein described tract;
THENCE, with the east line of said Rivers 60.00 acre tract and
the west line of said Elgin Business Park II, S 24°45'58" W, pass a
1/2-inch iron rod with cap stamped "Sherwood Survey" found at the
north corner of the westerly terminus of Lee Dildy Boulevard (80
feet wide) as dedicated by said plat of Elgin Business Park II, and
at the southeast corner of said Lot 2, Block A at a distance of
805.54 feet, pass a 1/2-inch iron rod with cap stamped "Sherwood
Survey" found at the south corner of the westerly terminus of said
Lee Dildy Boulevard and at the northwest corner of Lot 3, Block B of
said Elgin Business Park II at a distance of 885.64, and continuing
on for a total distance of 1,320.02 feet to a 1/2-inch iron rod with
cap stamped "BGE INC" set for the most easterly southeast corner of
the herein described tract, from which a 1/2-inch iron rod found at
the southwest corner of said Lot 3, Block B and at the northwest
corner of Lot 4, Block B of said Elgin Business Park II, bears S
24°45'58" W a distance of 327.48 feet;
THENCE, over and across said Rivers 60.00 acre tract, N
64°28'08" W a distance of 538.84 feet to a 1/2-inch iron rod with cap
stamped "BGE INC" set for an interior corner of the herein described
tract;
THENCE, continuing over and across said Rivers 60.00 acre
tract, along a curve to the right, an arc distance of 139.62 feet,
having a radius of 850.00 feet, a central angle of 09°24'41" and a
chord which bears S 48°57'12" W a distance of 139.46 feet to a
1/2-inch iron rod with cap stamped BGE INC" set for corner;
THENCE, continuing over and across said Rivers 60.00 acre
tract, S 53°39'32" W a distance of 406.56 feet to a 1/2-inch iron rod
with cap stamped "BGE INC" set for a point of curvature of a curve to
the left;
THENCE, continuing over and across said Rivers 60.00 acre
tract, along said curve to the left, an arc distance of 346.94 feet,
having a radius of 750.00 feet, a central angle of 26°30'15" and a
chord which bears S 40°24'24" W a distance of 343.85 feet to a
1/2-inch iron rod with cap stamped "BGE INC" set for corner;
THENCE, continuing over and across said Rivers 60.00 acre
tract, S 27°09'16" W a distance of 14.82 feet to a calculated point
on the south line of said Rivers 60.00 acre tract and the north line
of Elgin Business Park III Phase II, a subdivision as recorded in
Cabinet 7, Page 150A of the Plat Records of Bastrop County, Texas,
for the most southerly corner of the herein described tract, from
which a 1/2-inch iron rod with cap stamped "Sherwood Survey" found,
bears S 25°58'12" W a distance of 0.47 feet;
THENCE, with the south line of said Rivers 60.00 acre tract
and partially with the north line of said Elgin Business Park III
Phase III, N 62°52'11" W, pass a 5/8-inch iron rod found at a
distance of 298.03 feet, pass a 1/2-inch iron rod found at the
northwest corner of said Elgin Business Park III Phase III and at
the northeast corner of a called 206.8 acre tract of land as
conveyed to PRN Properties, LP by General Warranty Deed recorded in
Document Number 2012016371 of the Official Public Records of Travis
County, Texas, at a distance of 468.24 feet and continuing on with
the north line of said PRN 206.8 acre tract for a total distance of
603.62 feet to a punch mark in concrete found on the north line of
said PRN 206.8 acre tract, at the southwest corner of said Rivers
60.00 acre tract and at the southeast corner of a called 109.36 acre
tract of land as conveyed to Elsie E. Neidig Family Partnership by
Warranty Deed recorded in Volume 530, Page 558 of the Official
Records of Bastrop County, Texas, for the southwest corner of the
herein described tract;
THENCE, with the west line of said Rivers 60.00 acre tract and
the east line of said Neidig 109.36 acre tract, N 27°31'55" E a
distance of 1,431.71 feet to a 1/2-inch iron rod with cap stamped
"BGE INC" set on the south right-of-way line of said U.S. Highway
290, at the northwest corner of said Rivers 60.00 acre tract and at
the northeast corner of said Neidig 109.36 acre tract, for the
northwest corner of the herein described tract, from which a TXD0T
Type I concrete right-of-way monument found bears S 88°56'39" W a
distance of 1,120.37 feet, also from which a 1/2-inch iron rod found
bears N 55°22'15" E a distance of 2.72 feet;
THENCE, with the south right-of-way line of said U.S. Highway
290 and the north line of said Rivers 60.00 acre tract, N 88°56'39"
E, pass a TXDOT Type I concrete right-of-way monument found at a
distance of 1,378.47 feet, and continuing on for a total distance of
1,577.19 feet to the POINT OF BEGINNING and containing 45.555 acres
of land, more or less.
Tract 2:
FIELD NOTES FOR A 14.432 ACRE TRACT OF LAND OUT OF THE
ELIZABETH STANDIFER SURVEY, ABSTRACT NO. 59, BASTROP COUNTY, TEXAS;
BEING A PORTION OF A CALLED 60.00 ACRE TRACT OF LAND AS CONVEYED TO
SHERRI MARSHALL RIVERS BY SPECIAL WARRANTY DEED RECORDED IN
DOCUMENT NUMBER 201509108 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP
COUNTY, TEXAS; SAID 14.432 ACRE TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod found on the north line of
Lot 1, Block A of Elgin Business Park III, a subdivision as recorded
in Cabinet 6, Page 116B of the Plat Records of Bastrop County,
Texas, at the southeast corner of the above described Rivers 60.00
acre tract and at the southwest corner of Lot 4, Block B of Elgin
Business Park, a subdivision as recorded in Cabinet 6, Page 116A of
the Plat Records of Bastrop County, Texas, for the southeast corner
and POINT OF BEGINNING of the herein described tract;
THENCE, with the south line of said Rivers 60.00 acre tract
and partially with the north line of said Lot 1, Block A of Elgin
Business Park III and partially with the north line of Elgin
Business Park III Phase III, a subdivision as recorded in Cabinet 7,
Page 150A of the Plat Records of Bastrop County, Texas, N 62°52'11" W
a distance of 886.44 feet to a calculated paint for the southwest
corner of the herein described tract, from which a punch mark found
in concrete at the southwest corner of said Rivers 60-00 acre tract,
bears N 62°52'11" W a distance of 603.62 feet and also from which a
1/2-inch iron rod with cap stamped "Sherwood Survey" found bears S
25°58'12" W a distance of 0.47 feet;
THENCE, over and across said Rivers 60.00 acre tract, N
27°09'16'' E a distance of 14.82 feet to a 1/2-inch iron rod with cap
stamped "BGE INC" set for a point of curvature of a curve to the
right;
THENCE, continuing over and across said Rivers 60.00 acre
tract, along said curve to the right, an arc. distance of 346.94
feet, having a radius of 750.00 feet, a central angle of 26°30'15"
and a chord which bears N 40°24'24" E a distance of 343.85 feet to a
1/2-inch iron rod with cap stamped "BGE INC" set for corner;
THENCE, continuing over and across said Rivers 60.00 acre
tract, N 53°39'32" E a distance of 406.56 feet to a 1/2-inch iron rod
with cap stamped "BGE INC" set for a point of curvature of a curve to
the right;
THENCE, continuing over and across said Rivers 60.00 acre
tract, along said curve to the left, an arc distance of 139.62 feet,
having a radius of 850.00 feet, a Central angle of 09°24'41" and a
chord which bears N 48°57'12" E a distance of 139.46 feet to a
1/2-inch iron rod with cap stamped "BGE INC" set for the northwest
corner of the herein described tract;
THENCE, continuing over and across said Rivers 60.00 acre
tract, S 54°26'03" E a distance of 538.64 feet to a 1/2-inch iron rod
with cap stamped "BGE INC" set on the east line of said Rivers 60.00
acre tract and the west line of Lot 3, Block B of said Elgin Business
Park II for the northeast corner of the herein described tract, from
which a 1/2-inch iron rod with cap stamped "Sherwood Survey" found
at the south corner of the westerly terminus of Lee Dildy Boulevard
(60 feet wide) as dedicated by said plat of Elgin Business Park II
and at the northwest corner of Lot 3, Block B of said Elgin Business
Park II, bears N 24°45'53" E a distance of 434.38 feet;
THENCE, with the east line of said Rivers 60.00 acre tract and
the west line of said Elgin Business Park II, S 24°45'58" W, pass a
1/2-inch iron rod found at the southwest corner of said Lot 3, Block
B and northwest corner of said Lot 4, Block B, both of said Elgin
Business Park at a distance of 327.46 feet, and continuing on for a
total distance of 858.47 feet to the POINT OF BEGINNING and
containing 14.432 acres of lord, more or less.
(c) Section 4022.0309, Special District Local Laws Code, as
added by Section 4(a) of this Act, takes effect only if this Act
receives a two-thirds vote of all the members elected to each house.
(d) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 4022, Special
District Local Laws Code, as added by Section 4(a) of this Act, is
amended by adding Section 4022.0309 to read as follows:
Sec.
4022.0309.
NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SECTION 5. (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 6. (a) Section 4013.0311, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 4013, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 4013.0311 to read as follows:
Sec.
4013.0311.
NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SECTION 7. 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, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 3047 passed the Senate on
May 13, 2025, by the following vote: Yeas 27, Nays 4; and that the
Senate concurred in House amendments on May 30, 2025, by the
following vote: Yeas 27, Nays 4.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 3047 passed the House, with
amendments, on May 28, 2025, by the following vote: Yeas 80,
Nays 57, three present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor