By: Burns (Senate Sponsor - Birdwell) H.B. No. 4303
(In the Senate - Received from the House May 19, 2017;
May 19, 2017, read first time and referred to Committee on
Intergovernmental Relations; May 22, 2017, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 6,
Nays 0, 1 present not voting; May 22, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 4303 By: Campbell
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Prairie Ridge Municipal Management
District No. 1 and to the correction of defined terms in the law
governing the Joshua Farms Municipal Management District No. 1 and
the law governing the Joshua Farms Municipal Management District
No. 2; providing authority to issue bonds; providing authority to
impose assessments, fees, or taxes; granting a limited power of
eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3926.001(2), Special District Local Laws
Code, is amended to read as follows:
(2) "City" means the City of Cleburne [Burleson],
Texas.
SECTION 2. Section 3929.001(2), Special District Local Laws
Code, is amended to read as follows:
(2) "City" means the City of Burleson [Cleburne],
Texas.
SECTION 3. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3954 to read as follows:
CHAPTER 3954. PRAIRIE RIDGE MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3954.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Grand Prairie, Texas.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "Director" means a board member.
(5) "District" means the Prairie Ridge Municipal
Management District No. 1.
Sec. 3954.002. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution.
Sec. 3954.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the city and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
Sec. 3954.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The district is created to accomplish the purposes of a
municipal management district as provided by general law and
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
(d) 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;
(3) developing or expanding transportation and
commerce; and
(4) providing quality residential housing.
(e) 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 residential community and business
center; and
(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.
(f) 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.
(g) 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. 3954.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 4 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 4 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 contract;
(3) authority to borrow money or issue bonds or other
obligations described by Section 3954.201 or to pay the principal
and interest of the bonds or other obligations;
(4) right to impose or collect an assessment or
collect other revenue; or
(5) legality or operation.
Sec. 3954.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code; or
(3) an enterprise zone created under Chapter 2303,
Government Code.
(b) If the city creates a tax increment reinvestment zone
described by Subsection (a), the city and the board of directors of
the zone, by contract with the district, may grant money deposited
in the tax increment fund to the district to be used by the district
for:
(1) the purposes permitted for money granted to a
corporation under Section 380.002(b), Local Government Code; and
(2) any other district purpose, including the right to
pledge the money as security for any bonds or other obligations
issued by the district under Section 3954.201.
(c) If the city creates a tax increment reinvestment zone
described by Subsection (a), the city may determine the percentage
of the property in the zone that may be used for residential
purposes and is not subject to the limitations provided by Section
311.006, Tax Code.
Sec. 3954.007. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The initial directors shall hold an election to confirm
the creation of the district and to elect five permanent directors
as provided by Section 49.102, Water Code.
Sec. 3954.008. CITY CONSENT AND DEVELOPMENT AGREEMENT
EXECUTION REQUIRED. The initial directors may not hold an election
under Section 3954.007 until the city has:
(1) consented by ordinance or resolution to the
creation of the district and to the inclusion of land in the
district; and
(2) entered into a development agreement with the
owners of the real property in the district under Section 212.172,
Local Government Code.
Sec. 3954.009. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICT LAW. Except as provided by this chapter, Chapter 375,
Local Government Code, applies to the district.
Sec. 3954.010. 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. 3954.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 3954.052, directors serve
staggered four-year terms.
Sec. 3954.052. INITIAL DIRECTORS. (a) The initial board
consists of:
Pos. No. Name of Director
1 Murphy Short
2 Johnny Catalano
3 Reid Halverson
4 Riley Standridge
5 Brian Tomich
(b) Initial directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 3954.007; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 3954.007 and the terms of the initial directors have
expired, successor initial directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 3954.007; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
according to the most recent certified tax appraisal rolls for the
county may submit a petition to the commission requesting that the
commission appoint as successor initial directors the five persons
named in the petition. The commission shall appoint as successor
initial directors the five persons named in the petition.
Sec. 3954.053. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses in the
manner provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3954.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3954.102. IMPROVEMENT PROJECTS AND SERVICES. (a) The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using any money available to the district, or contract with
a governmental or private entity for the provision, design,
construction, acquisition, improvement, relocation, operation,
maintenance, or financing of an improvement project or service
authorized under this chapter or Chapter 372 or 375, Local
Government Code.
(b) An improvement project may be located inside or outside
the district.
Sec. 3954.103. ADDING OR REMOVING TERRITORY. (a) Subject
to Subsection (b), the board may add or remove territory as provided
by Subchapter J, Chapter 49, Water Code.
(b) The district may add territory as described by
Subsection (a) only if the district obtains written consent from
the governing body of the city.
Sec. 3954.104. EMINENT DOMAIN. The district may exercise
the power of eminent domain in the manner and for the purposes
provided by Section 49.222, Water Code, except that the district
may not acquire by condemnation a property interest or facility
owned or controlled by a public entity.
Sec. 3954.105. 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 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
3954.007 to confirm the creation of the district.
(f) 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.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 3954.007.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) 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.
(k) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
3954.008 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3954.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. 3954.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, maintain, or operate
an improvement project or service authorized by this chapter or
Chapter 372 or 375, Local Government Code, using any money
available to the district.
Sec. 3954.153. METHOD OF NOTICE FOR HEARING. The district
may mail the notice required by Section 375.115(c), Local
Government Code, by certified or first class United States mail.
The board shall determine the method of notice.
Sec. 3954.154. 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 are:
(1) a first and prior lien against the property
assessed;
(2) superior to any other lien or claim other than a
lien or claim for county, school district, special district, or
municipal ad valorem taxes; and
(3) the personal liability of and a charge against the
owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3954.155. RESIDENTIAL PROPERTY NOT EXEMPT. Sections
375.161 and 375.164, Local Government Code, do not apply to the
district.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3954.201. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue, by public or private sale, bonds, notes, or
other obligations payable wholly or partly from ad valorem taxes or
assessments in the manner provided by Subchapter J, Chapter 375,
Local Government Code.
(b) If the improvements financed by an obligation will be
conveyed to or operated and maintained by a municipality or retail
utility provider pursuant to an agreement between the district and
the municipality or retail utility provider entered into before the
issuance of the obligation, the obligation may be issued in the
manner provided by Subchapter A, Chapter 372, Local Government
Code.
(c) In exercising the district's borrowing power, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation.
(d) In addition to the sources of money described by
Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
Government Code, district bonds may be secured and made payable
wholly or partly by a pledge of any part of the money the district
receives from improvement revenue, receives under Section
3954.006(b), or receives from any other source.
(e) The district may issue bonds, notes, or other
obligations to maintain or repair an existing improvement project
only if the district obtains written consent from the governing
body of the city.
Sec. 3954.202. ELECTIONS REGARDING TAXES AND BONDS. (a)
The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3954.205.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax or issue bonds payable from ad valorem taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3954.203. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 3954.204. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held under Section 3954.202, the district may impose an
operation and maintenance tax on taxable property in the district
in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(f), Water Code, does not apply to a
reimbursement made for a purpose described by Section 3954.102.
Sec. 3954.205. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER F. DISSOLUTION
Sec. 3954.251. DISSOLUTION BY CITY ORDINANCE. (a) The
governing body of the city may dissolve the district by ordinance.
(b) The governing body may not dissolve the district until:
(1) water, sanitary, sewer, and drainage improvements
and roads have been constructed to serve at least 90 percent of the
developable territory of the district; and
(2) the district has reimbursed each party that has an
agreement with the district for all costs advanced to or on behalf
of the district.
(c) Until the district is dissolved, the district is
responsible for all bonds and other obligations of the district.
Sec. 3954.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
(a) If the dissolved district has bonds or other obligations
outstanding secured by and payable from assessments or other
revenue, other than revenue from ad valorem taxes, the city shall
succeed to the rights and obligations of the district regarding
enforcement and collection of the assessments or other revenue.
(b) The city shall have and exercise all district powers to
enforce and collect the assessments or other revenue to pay:
(1) the bonds or other obligations when due and
payable according to their terms; or
(2) special revenue or assessment bonds or other
obligations issued by the city to refund the outstanding bonds or
obligations.
Sec. 3954.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
After the city dissolves the district, the city assumes the
obligations of the district, including any bonds or other debt
payable from assessments or other district revenue.
(b) If the city dissolves the district, the board shall
transfer ownership of all district property to the city.
SECTION 4. The Prairie Ridge Municipal Management District
No. 1 initially includes all the territory contained in the
following area:
TRACT 1:
BEING a part of a tract or parcel of land situated in the Joseph
Stewart Survey, Abstract No. 754, Heirs of Allen Larsen, Survey
No. 497, T. Stanbury Survey, Abstract 762, and the J. H. Working
Survey, Abstract No. 897, Johnson County, Texas, and being part of
that same tract of land from Karal Kay Cannon, as described in
Volume 02111, Page 0850, Deed Records, Ellis County, Texas, and as
described in Book 3500, Page 0941, Official Public Records of
Johnson County, Texas, and all of a tract from Billy D. Cannon and
Michelle Cannon, to PRA Prairie Ridge, L.P. as described in Book
3500, Page 0941, Official Public Records of Johnson County, Texas,
and a tract of land from Phillip Nabors Smauder and Jennie Smauder
Pope, to PRA Prairie Ridge, L.P. as described in County Clerk File
No. 2104-00248, Official Public Records of Johnson County, Texas,
and being more particularly described as follows:
BEGINNING at a point in County Road 506 at an intersection with the
Ellis County and Johnson County limits line along with the
intersection of the Joseph Stewart Survey, Abstract No. 961, the
Joseph Stewart Survey, Abstract No. 754, and the John H. Working
Survey, Abstract No. 897;
THENCE South 00°47'39" East, departing from said county road and
along the said Johnson and Ellis County lines, a distance of 5474.77
feet to a 1/2" iron rod found;
THENCE South 59°47'49" West, along a north line of Bennett W. Cervin
tract one as described in Volume 2001, Page 0749, Deed Records,
Ellis County, Texas, a distance of 537.29 feet to a 1/2" iron rod
found;
THENCE North 30°19'12" West, along an east line of a Jeniffer
N. Sweeney tract described in Book 0608, Page 830, Deed Records,
Johnson County, Texas, a distance of 767.82 feet to a 1/2" iron rod
found;
THENCE South 59°32'27" West, along a north line of said Jeniffer
N. Sweeney tract, a distance of 5401.00 feet to a 1/2" iron rod
found;
THENCE North 30°44'12" West, along County Road 619, a distance of
1053.81 feet to a 1/2" iron rod found;
THENCE North 59°59'51" East, leaving said county road, along a north
line of a tract of land from Phillip Nabors Smauder and Jennie
Smauder Pope, to PRA Prairie Ridge, L.P. as described in County
Clerk File No. 2104-00248, Official Public Records of Johnson
County, Texas a distance of 291.69 feet;
THENCE North 30°44'47" West, along a west line of said Smauder
tract, a distance of 150.00 feet to a 1/2" iron rod found;
THENCE South 59°59'52" West, along a south line of Smauder tract, to
County Road 619, a distance of 291.67 feet to a 1/2" iron rod found;
THENCE North 30°44'12" West, along a west line of said Smauder tract
a distance of 2672.24 feet to a 1/2" iron rod found;
THENCE North 59°59'42" East, along a north line of said Smauder
tract, a distance of 888.13 feet to a 1/2" iron rod found;
THENCE North 60°06'44" East, along a north line of said Smauder
tract, a distance of 1077.88 feet to a 1/2" iron rod found;
THENCE North 59°33'36" East, along a north line of said Smauder
tract, a distance of 1233.53 feet to a 1/2" iron rod found;
THENCE North 60°12'38" East, along a north line of said Smauder
tract, a distance of 2229.85 feet to a 1/2" iron rod found;
THENCE North 56°47'57" East, reaching a northeasterly 90° elbow in
County Road 506, along a south line of tract described in Book 3256,
Page 0733, Deed Records, Johnson County, Texas, a distance of
3239.36 feet to the POINT OF BEGINNING, containing 678.614 acres,
more or less.
TRACT 2:
Being all those certain Lots, Tracts or Parcels of Land situated in
the R.K. Wines Survey, Abstract 1178, Ellis County, Texas, and
being part of that certain contract of land conveyed to John
W. Brumbeloe, Sr. (referred to as Tract III) as recorded in Volume
558, Page 209, Deed Records, Ellis County, Texas and being known as
designated at Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, Sunset Park
(referred to as Tract II), an addition to Ellis County, Texas,
according to the plat filed of record in Cabinet "B", Slide 13, plat
records, Ellis County, Texas, and being more particularly described
as follows:
Commencing at a found 1-inch iron pipe from the southeast corner of
a tract of land conveyed to Edward J. Kilchenstein, as recorded in
Volume 710, Page 627, Deed Records, Ellis County, Texas and the
north line of a tract of land conveyed to Lia Vang and wife, Xia
Vang, Jeff V. Hang and wife, Melissa S. Hang, Chue Moua and wife,
Maikoulap Moura as recorded in Volume 1832, Page 2002, Deed
Records, Ellis County, Texas;
Thence S 59°29'25" W, along the common line of said Kilchenstein
tract and the Vang, Hang, Moua tract, a distance of 339.40 feet to a
found 3/8-inch iron rod with a yellow plastic cap stamped "RPLS 446"
at the Northwest corner of said Vang, Hang, Moua tract and the
Northeast corner of said Brumbeloe tract, said point being the
place of Beginning of this herein described tract of land;
Thence S 01°22'20" E, along the common line of said Vang, Hang, Moua
tract, passing a found 1/2-inch iron rod with a yellow plastic cap
stamped "RPLS 4466" at 1,372.08 continuing for a total distance of
1,406.52 feet to a found 1/2-inch iron rod with a yellow plastic cap
stamped "RPLS 4466" in the centerline of County Road 506 Greasy Road
(Lakeview Road);
Thence S 59°39'02" W, along the centerline of said County Road, a
distance of 1,015.46 feet to a found 5/8-inch iron rod with a yellow
plastic cap stamped "Cotton Surveying" (hereinafter referred to as
set iron rod) for corner;
Thence S 59°43'42" W, continuing along the centerline of said County
Road, a distance of 402.48 feet to a found railroad spike at the
intersection of said County Road and Cypress Road, said point being
the South corner of said Sunset Park Addition and the South corner
of this herein described tract of land;
Thence N 00°14'22" W, along the centerline of Cypress Road, the West
line of said Sunset Park Addition, a distance of 865.02 feet to a
found 1/2-inch iron rod for corner;
Thence N 59°30'57" E, passing a 1/2-inch iron rod at 37.40 at the
Southwest corner of the Sunset Park, Phase 2 Addition, according to
the plat thereof recorded in Cabinet "C", Slide 438, plat records,
Ellis County, Texas, continuing for a total distance of 417.09 feet
to a found 1/2-inch iron rod with a yellow plastic cap at the
Southeast Corner of said Sunset Park Phase 2 Addition and the West
line of said Brumbeloe tract for corner;
Thence N 03°03'40" E, along the East line of said Sunset Park Phase 2
Addition tract and the West line of said Brumbeloe tract, a distance
of 103.80 feet to a found 1/2-inch iron rod;
Thence N 00°31'47" W, along the East line of said Sunset Park Phase 2
Addition tract and the West line of said Brumbeloe tract, a distance
of 60.37 feet to a found 1/2-inch iron rod for corner;
Thence N 00°05'09" W, along the East line of said Sunset Park Phase 2
Addition tract and the West line of said Brumbeloe tract, a distance
of 129.83 feet to a 2-inch iron pipe for corner;
Thence N 01°06'07" W, along the East line of said Sunset Park Phase 2
Addition tract and the West line of said Brumbeloe tract, a distance
of 130.88 feet to a found 1-inch iron pipe for corner;
Thence N 01°03'32" W, along the East line of said Sunset Park Phase 2
Addition tract and the West line of said Brumbeloe tract, a distance
of 129.92 feet to a found 1-inch iron pipe in the South line of said
Kilchenstein tract and Northwest corner of said Brumbeloe tract,
said point being Northeasterly corner of said Sunset Park Phase 2
Addition;
Thence N 59°32'07" E, along the South line of said Kilchenstein
tract, a distance of 968.19 feet to the Place of Beginning and
having an area of 1,521,385 square feet, or 34.926 acres of land,
more or less.
TRACT 3:
BEING all those certain lots, tracts, or parcels of land situated in
the Joseph Stewart Survey, Abstract No. 961, Ellis County, Texas
and being those same tracts of land conveyed to PRA Prairie Ridge,
L.P. as recorded in Volume 2111, Page 0866, Deed Records, Ellis
County, Texas and being more particularly described as follows:
POINT OF BEGINNING at a 1/2-inch iron rod found for the west corner
of a tract of land conveyed to Tom Lamon, and wife, Crystal Lamon,
as recorded in Volume 924, Page 46, Deed Records, Ellis County,
Texas, said point being on the Southeast edge of County Road
506/Greasy Road (Lakeview Road);
THENCE South 31°46'30" East, along the Southwest line of said Lamon
tract, a distance of 609.38 feet to a 3/4-inch pipe found on the
North line of a tract of land conveyed to Waltmore, L.L.C. DBA
Lakeside Ranch (described as Tract 1), as recorded in Volume 1607,
Page 392, Deed Records, Ellis County, Texas, the Southwest corner
of said Lamon tract and an exterior ell corner of this herein
described tract of land;
THENCE South 58°10'54" West, along the Northwest line of said
Waltmore tract, a distance of 419.44 feet to a rod nail found for
the West corner of said Waltmore tract and an interior ell corner of
this herein described tract of land;
THENCE South 25°14'30" East, continuing along the Northwest line of
said Waltmore tract, a distance of 849.17 feet to a set 5/8-inch
iron rod with yellow plastic cap stamped "Cotton Surveying"
(hereinafter referred to as set iron rod) for corner;
THENCE across land described in Volume 02111, Page 0866, Deed
Records of Ellis County, Texas, the following course and distances:
Southwesterly along a curve to the right having a central angle of
43°44'52", a radius of 1000.00 feet, whose chord bears South
55°28'14" West, a chord distance of 745.13 feet, and an arc length of
763.54 feet to a set iron rod for corner;
South 77°20'40" West a distance of 437.24 feet to a set iron rod for
corner;
Westerly along a curve to the right having a central angle of
11°17'25", a radius of 1350.00 feet, whose chord bears South
82°59'23" West, a chord distance of 265.59 feet, and an arc length of
266.02 feet to a set iron rod for corner;
South 88°38'05" West a distance of 288.43 feet to a set iron rod for
corner;
South 88°38'05" West a distance of 33.98 feet to a set iron rod for
corner;
North 01°21'55" West a distance of 180.00 feet to a point for corner;
South 88°38'05" West a distance of 15.94 feet to a point for corner;
Northerly along a curve to the left having a central angle of
15°26'09", a radius of 231.08 feet, whose chord bears North 14°21'12"
West, a chord distance of 62.07 feet, and an arc length of 62.26
feet to a set iron rod for corner;
North 22°05'57" West a distance of 73.92 feet to a set iron rod for
corner;
Northerly along a curve to the right having a central angle of
20°45'58", a radius of 325.00 feet, whose chord bears North 11°42'58"
West, a chord distance of 117.15 feet, and an arc length of 117.79
feet to a set iron rod for corner;
North 01°19'06" West a distance of 125.01 feet to a point for corner;
Northerly along a curve to the right having a central angle of
22°31'56", a radius of 15.50 feet, whose chord bears North 09°56'52"
East, a chord distance of 6.06 feet, and an arc length of 6.10 feet
to a set iron rod for corner;
Northwesterly along said curve to the left having a central angle of
71°14'05", a radius of 50.00 feet, whose chord bears North 14°24'13"
West, a chord distance of 58.24 feet, and an arc length of 62.16
feet to a set iron rod for corner;
North 01°21'55" West, a distance of 113.61 feet to a set iron rod for
corner;
THENCE North 60°04'57" East, along the Southeast line of a tract
described to Robert A. Willis and wife, Lonnie L. Willis, as
recorded in Volume 1298, Page 646, Deed Records of Ellis County,
Texas, a distance of 205.36 feet to a found 1/2-inch iron rod for
corner;
THENCE North 25°47'09" West, along the Northeast line of said Willis
tract, a distance of 450.38 feet to a found 1/2-inch iron rod for
the North corner of said Willis tract;
THENCE North 59°39'02" East, a distance of 1,650.09 feet to the
POINT OF BEGINNING and containing 55.967 acres of land, more or
less.
TRACT 4:
BEING a tract of land situated in the Joseph Stewart Survey,
Abstract No. 961, in Ellis County, Texas, said tract being all of a
called 17.119 acre tract of land described in a deed to Texas
Midstream Gas Services, L.L.C., recorded in Volume 2342, Page 136,
Deed Records, Ellis County, Texas, and being more particularly
described as follows:
BEGINNING and a 1/2-inch iron rod found in the approximate center of
Lakeview Drive for the most westerly corner of said 17.119 acre
tract, the north corner of a called 213.7845 acre tract of land
described in a deed to PRA Prairie Ridge, L.P., recorded in Volume
2111, Page 866 of said Deed Records and on the southeasterly
boundary of a called 198.758 acre tract described in a deed to
Harper Cattle Company, recorded in Volume 1205, Page 47 of said Deed
Records;
THENCE North 59 degrees 35 minutes 08 seconds East, along the
approximate center of Lakeview Drive, a distance of 1,186.71 feet
to a 1/2-inch iron rod found for the most northerly corner of said
17.119 acre tract and the west corner of a called 0.057 acre tract
described in a deed to the State of Texas, recorded in Volume 340,
Page 390 of said Deed Records;
THENCE South 29 degrees 53 minutes 02 seconds East, along the common
boundary between said 17.119 acre tract and said 0.057 acre tract, a
distance of 49.83 feet to a 1/2-inch iron rod found for an interior
ell corner of said 17.119 acre tract and the south corner of said
0.057 acre tract;
THENCE North 59 degrees 29 minutes 07 seconds East, continuing
along the common boundary between said 17.119 acre tract and said
0.057 acre tract, a distance of 50.09 feet to a 1/2-inch iron rod
found for the northerly northeast corner of said 17.119 acre tract
and the east corner of said 0.057 acre tract, and on the
southwesterly boundary of a called 10 acre tract described as Tract
6 in a deed to Bennett W. Cervin recorded in Volume 2001, Page 749
of said Deed Records;
THENCE South 30 degrees 08 minutes 24 seconds East, along the common
boundary between said 17.119 acre tract and said 10 acre tract, a
distance of 559.67 feet to a 5/8-inch iron rod with cap marked
"PETITT - RPLS 4087" set for the most easterly corner of said 17.119
acre tract and the most northerly corner of a called 461.178 acre
tract described in a deed to PRA Prairie Ridge Development Corp.,
recorded in Volume 2325, Page 470 of said Deed Records;
THENCE South 59 degrees 35 minutes 41 seconds West, along the common
boundary between said 17.119 acre tract and said 461.178 acre
tract, a distance of 1,219.26 feet to a 1-inch iron pipe found for
the most easterly northeast corner of said 213.7845 acre tract, an
exterior ell corner of said 461.178 acre tract and the most
southerly corner of said 17.119 acre tract;
THENCE North 31 degrees 46 minutes 05 seconds West, along the common
boundary between said 17.119 acre tract and said 213.7845 acre
tract, a distance of 609.38 feet to the POINT OF BEGINNING and
containing 745,700 square feet, or 17.119 acres of land, more or
less.
TRACT 5:
BEING a part of a tract or parcel of land situated in the Joseph
Stewart Survey, Abstract No. 961, Ellis County, Texas and, and
being part of that same tract of land from Karal Kay Cannon, to PRA
Prairie Ridge, L.P. as recorded in Book 3500, Page 0941, Volume
02111, Page 0873, Volume 02111, Page 0866, official public records
of Johnson county, texas and Volume 02111, Page 0850, Deed Records,
Ellis County, Texas, and all of a tract from Chris D. Cannon and
Deanna G. Cannon to PRA Prairie Ridge L.P., as described in Volume
02111, Page 0860, Deed Records of Ellis County, Texas, and Book
3500, Page 0958, of the Official Public Records of Johnson County,
Texas, and being more particularly described as follows:
POINT OF BEGINNING at a found 1/2-inch iron rod in County Road 506
at an intersection with the Ellis County and Johnson County limits
line along with the intersection of the Joseph Stewart Survey,
Abstract No. 961, the Joseph Steward Survey, Abstract No. 754, and
the John H. Working Survey, Abstract No. 897;
THENCE North 56°14'52" East, along County Road 506, also known as
Lakeview Road, a distance of 892.63 feet to a set 5/8-inch iron rod
with yellow plastic cap stamped "Cotton Surveying" (hereinafter
referred to as set iron rod) for corner;
THENCE North 59°39'02" East, along said road, a distance of 4140.12
feet to a found 1/2-inch iron rod for corner;
THENCE South 25°48'57" East, leaving said road and along the west
line of a tract described to Robert A. Willis and wife, Lonnie
L. Willis in Volume 1298, Page 646, Deed Records of Ellis County
Texas, a distance of 448.65 feet to a found 1/2-inch iron rod for
corner;
THENCE North 60°04'57" East, along a South line of above described
tract, a distance of 2039 feet to a set iron rod for corner;
THENCE South 01°21'55" East, along a west line of a tract from
Richard J. Bantke and wife, Sandra Sue Bantke, to PRA Prairie Ridge
L.P., as described in Volume 02111, Page 0866, Deed Records of Ellis
County, Texas, a distance of 113.61 feet to a set iron rod for
corner;
THENCE along west line of said property, with a curve right having a
radius of 50.00 feet and a central angle of 71°14'05" and being
subtended by a chord which bears South 14°24'13" East, 58.24 feet;
THENCE southeasterly and southerly along said curve, a distance of
52.16 feet to a point of reverse curve, to a set iron rod for corner;
THENCE along west line of said property, with a curve left having a
radius of 15.50 feet and a central angle of 22°31'56" and being
subtended by a chord which bears South 09°56'52" West 6.06 feet;
THENCE southerly along said curve, a distance of 6.10 feet to a set
iron rod for corner;
THENCE South 01°19'06" East, along west line of said property,
tangent to said curve, a distance of 125.01 feet to a set iron rod
for corner;
THENCE along west line of said property, with a curve left having a
radius of 325.00 feet and a central angle of 20°45'58" and being
subtended by a chord which bears South 11°42'58" East, 117.15 feet;
THENCE southerly along said curve, along west line of said
property, a distance of 117.79 feet to a set iron rod for corner;
THENCE South 22°05'57" East, along west line of said property,
tangent to said curve, a distance of 73.92 feet to a point for
corner;
THENCE along west line of said property, with a curve right having a
radius of 231.08 feet and a central angle of 15°26'09" and being
subtended by a chord which bears South 14°21'12" East 62.07 feet;
THENCE southerly along said curve, along west line of said
property, a distance of 52.26 feet to a set iron rod for corner;
THENCE North 88°38'05" East, along south line of said property, with
a distance of 15.94 feet to a set iron rod for corner;
THENCE South 01°21'55" East, along west line of said property, a
distance of 180.00 feet to a set iron rod for corner;
THENCE North 88°38'05" East, along south line of said property, a
distance of 322.41 feet to the beginning of a curve tangent to said
line to a set iron rod for corner;
THENCE easterly, along south line of said property, along the curve
left, having a radius of 1350.00 feet and a central angle of
11°17'25" and being subtended by a chord which bears North 82°59'23"
East, 265.59 feet;
THENCE easterly and northeasterly a distance of 266.02 feet along
the said curve to a set iron rod for corner;
THENCE North 77°20'40" East tangent to said curve, a distance of
437.24 feet to the beginning of a curve tangent to said line to a set
iron rod for corner;
THENCE easterly, along south line of said property, with a curve
left, having a radius of 1000.00 feet and a central angle of
43°44'52" and being subtended by a chord which bears North 55°28'14"
East, 745.13 feet;
THENCE easterly and northeasterly a distance of 763.54 feet along
the said curve to a set iron rod for corner;
THENCE North 25°14'30" West, along east line of said property, a
distance of 849.17 feet to a found rod nail for corner;
THENCE North 58°10'54" East, along the south line of property of Tom
Larnon and wife, Crystal Larnon, as described in Volume 924, Page
0046. Deed Records of Ellis County, Texas, a distance of 419.44
feet to a found 3/4-inch pipe for corner;
THENCE North 59°34'27" East, along said south line, a distance of
1219.45 feet to a set iron rod for corner;
THENCE South 30°11'50" East, along the west line of the fifth and
sixth tracts of Bennett W. Cervin, as described in Volume 2001,
Page 0749, Deed Records of Ellis County, Texas, a distance of 823.56
feet to a set iron rod for corner;
THENCE South 30°19'53" East, along said west line of part of the said
fifth tract, a distance of 335.08 feet to a set iron rod for corner;
THENCE South 59°31'20" West, along the north line of the first tract
of Bennett W. Cervin as described in Volume 2001, Page 0749, Deed
Records of Ellis County, Texas, a distance of 1739.27 feet to a
found 1/2-inch iron rod for corner;
THENCE South 59°35'19" West, along north line of said first tract of
Bennett W. Cervin as described in Volume 2001, Page 0749, Ellis
County, Texas, a distance of 5098.10 feet to a found 3/4-inch iron
rod for corner;
THENCE South 30°20'14" East, along the west line of the said second
tract, a distance of 2453.47 feet to a set iron rod for corner;
THENCE South 59°47'54" West, along a north line of tract one of
Bennett W. Cervin, as described in Volume 2001, Page 0749 of the
Deed Records of Ellis County, Texas, a distance of 2411.12 feet to a
set iron rod for corner;
THENCE South 30°12'06" East, along a west line of the said tract one,
a distance of 596.60 feet to a set iron rod for corner;
THENCE South 59°47'49" West, along a north line of said tract one, a
distance of 1589.67 feet to a found 1/2-inch iron rod for corner;
THENCE North 00°47'39" West, along the Ellis County and Johnson
County limits, a distance of 5474.77 feet to the POINT OF BEGINNING
and containing 461.176 acres, more or less.
SECTION 5. (a) The legal notice of the intention to
introduce a bill to create the Prairie Ridge Municipal Management
District No. 1, setting forth the general substance of Sections 3
and 4 of this Act, has been published as provided by law, and the
notice and a copy of a bill to create the Prairie Ridge Municipal
Management District No. 1 have been furnished to all persons,
agencies, officials, or entities to which they are required to be
furnished under Section 59, Article XVI, Texas Constitution, and
Chapter 313, Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and a bill to create the Prairie Ridge
Municipal Management District No. 1 to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to a bill to create the Prairie Ridge
Municipal Management District No. 1 with the governor, lieutenant
governor, and speaker of the house of representatives within the
required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 6. (a) Section 3954.104, Special District Local
Laws Code, as added by 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 3954, Special
District Local Laws Code, as added by this Act, is amended by adding
Section 3954.104 to read as follows:
Sec. 3954.104. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 7. This Act takes effect September 1, 2017.
* * * * *