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Texas House Bill HB4627

Texas 2021 - 87th Regular

Texas House Bill HB4627 Compare Versions

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1-H.B. No. 4627
1+By: Sanford (Senate Sponsor - Springer) H.B. No. 4627
2+ (In the Senate - Received from the House May 17, 2021;
3+ May 17, 2021, read first time and referred to Committee on Local
4+ Government; May 22, 2021, reported adversely, with favorable
5+ Committee Substitute by the following vote: Yeas 7, Nays 0;
6+ May 22, 2021, sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR H.B. No. 4627 By: Springer
29
310
11+ A BILL TO BE ENTITLED
412 AN ACT
5- relating to the creation of certain municipal utility districts;
6- granting a limited power of eminent domain; providing authority to
7- issue bonds; providing authority to impose assessments, fees, and
8- taxes.
13+ relating to the creation of the Uptown Municipal Utility District
14+ No. 1 of Collin County; granting a limited power of eminent domain;
15+ providing authority to issue bonds; providing authority to impose
16+ assessments, fees, and taxes.
917 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10- SECTION 1. (a) Subtitle F, Title 6, Special District Local
11- Laws Code, is amended by adding Chapter 7907A to read as follows:
12- CHAPTER 7907A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO.
13- 232
14- SUBCHAPTER A. GENERAL PROVISIONS
15- Sec. 7907A.0101. DEFINITIONS. In this chapter:
16- (1) "Board" means the district's board of directors.
17- (2) "Commission" means the Texas Commission on
18- Environmental Quality.
19- (3) "Director" means a board member.
20- (4) "District" means the Fort Bend County Municipal
21- Utility District No. 232.
22- Sec. 7907A.0102. NATURE OF DISTRICT. The district is a
23- municipal utility district created under Section 59, Article XVI,
24- Texas Constitution.
25- Sec. 7907A.0103. CONFIRMATION AND DIRECTOR ELECTION
26- REQUIRED. The temporary directors shall hold an election to
27- confirm the creation of the district and to elect five permanent
28- directors as provided by Section 49.102, Water Code.
29- Sec. 7907A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30- temporary directors may not hold an election under Section
31- 7907A.0103 until each municipality in whose corporate limits or
32- extraterritorial jurisdiction the district is located has
33- consented by ordinance or resolution to the creation of the
34- district and to the inclusion of land in the district.
35- Sec. 7907A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36- (a) The district is created to serve a public purpose and benefit.
37- (b) The district is created to accomplish the purposes of:
38- (1) a municipal utility district as provided by
39- general law and Section 59, Article XVI, Texas Constitution; and
40- (2) Section 52, Article III, Texas Constitution, that
41- relate to the construction, acquisition, improvement, operation,
42- or maintenance of macadamized, graveled, or paved roads, or
43- improvements, including storm drainage, in aid of those roads.
44- Sec. 7907A.0106. INITIAL DISTRICT TERRITORY. (a) The
45- district is initially composed of the territory described by
46- Section 1(b) of the Act enacting this chapter.
47- (b) The boundaries and field notes contained in Section 1(b)
48- of the Act enacting this chapter form a closure. A mistake made in
49- the field notes or in copying the field notes in the legislative
50- process does not affect the district's:
51- (1) organization, existence, or validity;
52- (2) right to issue any type of bond for the purposes
53- for which the district is created or to pay the principal of and
54- interest on a bond;
55- (3) right to impose a tax; or
56- (4) legality or operation.
57- SUBCHAPTER B. BOARD OF DIRECTORS
58- Sec. 7907A.0201. GOVERNING BODY; TERMS. (a) The district
59- is governed by a board of five elected directors.
60- (b) Except as provided by Section 7907A.0202, directors
61- serve staggered four-year terms.
62- Sec. 7907A.0202. TEMPORARY DIRECTORS. (a) On or after the
63- effective date of the Act enacting this chapter, the owner or owners
64- of a majority of the assessed value of the real property in the
65- district may submit a petition to the commission requesting that
66- the commission appoint as temporary directors the five persons
67- named in the petition. The commission shall appoint as temporary
68- directors the five persons named in the petition.
69- (b) Temporary directors serve until the earlier of:
70- (1) the date permanent directors are elected under
71- Section 7907A.0103; or
72- (2) the fourth anniversary of the effective date of
73- the section enacting this chapter.
74- (c) If permanent directors have not been elected under
75- Section 7907A.0103 and the terms of the temporary directors have
76- expired, successor temporary directors shall be appointed or
77- reappointed as provided by Subsection (d) to serve terms that
78- expire on the earlier of:
79- (1) the date permanent directors are elected under
80- Section 7907A.0103; or
81- (2) the fourth anniversary of the date of the
82- appointment or reappointment.
83- (d) If Subsection (c) applies, the owner or owners of a
84- majority of the assessed value of the real property in the district
85- may submit a petition to the commission requesting that the
86- commission appoint as successor temporary directors the five
87- persons named in the petition. The commission shall appoint as
88- successor temporary directors the five persons named in the
89- petition.
90- SUBCHAPTER C. POWERS AND DUTIES
91- Sec. 7907A.0301. GENERAL POWERS AND DUTIES. The district
92- has the powers and duties necessary to accomplish the purposes for
93- which the district is created.
94- Sec. 7907A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95- DUTIES. The district has the powers and duties provided by the
96- general law of this state, including Chapters 49 and 54, Water Code,
97- applicable to municipal utility districts created under Section 59,
98- Article XVI, Texas Constitution.
99- Sec. 7907A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100- Section 52, Article III, Texas Constitution, the district may
101- design, acquire, construct, finance, issue bonds for, improve,
102- operate, maintain, and convey to this state, a county, or a
103- municipality for operation and maintenance macadamized, graveled,
104- or paved roads, or improvements, including storm drainage, in aid
105- of those roads.
106- Sec. 7907A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107- road project must meet all applicable construction standards,
108- zoning and subdivision requirements, and regulations of each
109- municipality in whose corporate limits or extraterritorial
110- jurisdiction the road project is located.
111- (b) If a road project is not located in the corporate limits
112- or extraterritorial jurisdiction of a municipality, the road
113- project must meet all applicable construction standards,
114- subdivision requirements, and regulations of each county in which
115- the road project is located.
116- (c) If the state will maintain and operate the road, the
117- Texas Transportation Commission must approve the plans and
118- specifications of the road project.
119- Sec. 7907A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120- ORDINANCE OR RESOLUTION. The district shall comply with all
121- applicable requirements of any ordinance or resolution that is
122- adopted under Section 54.016 or 54.0165, Water Code, and that
123- consents to the creation of the district or to the inclusion of land
124- in the district.
125- SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126- Sec. 7907A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127- The district may issue, without an election, bonds and other
128- obligations secured by:
129- (1) revenue other than ad valorem taxes; or
130- (2) contract payments described by Section
131- 7907A.0403.
132- (b) The district must hold an election in the manner
133- provided by Chapters 49 and 54, Water Code, to obtain voter approval
134- before the district may impose an ad valorem tax or issue bonds
135- payable from ad valorem taxes.
136- (c) The district may not issue bonds payable from ad valorem
137- taxes to finance a road project unless the issuance is approved by a
138- vote of a two-thirds majority of the district voters voting at an
139- election held for that purpose.
140- Sec. 7907A.0402. OPERATION AND MAINTENANCE TAX. (a) If
141- authorized at an election held under Section 7907A.0401, the
142- district may impose an operation and maintenance tax on taxable
143- property in the district in accordance with Section 49.107, Water
144- Code.
145- (b) The board shall determine the tax rate. The rate may not
146- exceed the rate approved at the election.
147- Sec. 7907A.0403. CONTRACT TAXES. (a) In accordance with
148- Section 49.108, Water Code, the district may impose a tax other than
149- an operation and maintenance tax and use the revenue derived from
150- the tax to make payments under a contract after the provisions of
151- the contract have been approved by a majority of the district voters
152- voting at an election held for that purpose.
153- (b) A contract approved by the district voters may contain a
154- provision stating that the contract may be modified or amended by
155- the board without further voter approval.
156- SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
157- Sec. 7907A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
158- OBLIGATIONS. The district may issue bonds or other obligations
159- payable wholly or partly from ad valorem taxes, impact fees,
160- revenue, contract payments, grants, or other district money, or any
161- combination of those sources, to pay for any authorized district
162- purpose.
163- Sec. 7907A.0502. TAXES FOR BONDS. At the time the district
164- issues bonds payable wholly or partly from ad valorem taxes, the
165- board shall provide for the annual imposition of a continuing
166- direct ad valorem tax, without limit as to rate or amount, while all
167- or part of the bonds are outstanding as required and in the manner
168- provided by Sections 54.601 and 54.602, Water Code.
169- Sec. 7907A.0503. BONDS FOR ROAD PROJECTS. At the time of
170- issuance, the total principal amount of bonds or other obligations
171- issued or incurred to finance road projects and payable from ad
172- valorem taxes may not exceed one-fourth of the assessed value of the
173- real property in the district.
174- (b) The Fort Bend County Municipal Utility District No. 232
175- initially includes all the territory contained in the following
176- area:
177- Being a 100.5 acre tract of land located in the R.H. Earnest
178- Survey, A-388, said 100.5 acre tract being all of a called 100.5
179- acre tract of land conveyed to Jason Noah and Benjamin Adam Danziger
180- in Clerk’s File No. 2012117049 of the Official Public Records of
181- Fort Bend County, Texas (O.R.F.B.C.); said 100.5 acre tract being
182- more particularly described by metes and bounds as follows: (All
183- bearings reference to the Texas State Plane Coordinate System,
184- South Central Zone).
185- COMMENCING at a 1-1/4” iron pipe found for the east corner of a
186- called 55.048 acre tract described in the deed to LGI Homes-Sunrise
187- Meadow, LTD. in Clerk’s File No. 2005048299 of the O.R.F.B.C.,
188- common to the south corner of a called 136.6 acre tract described in
189- the deed to Sabas Cortez in Volume 216, Page 322, of the Deed
190- Records of Fort Bend County, Texas;
191- Thence North 47° 56' 48" West – 2,057.42’ along the north line of
192- said 55.048 acre tract, the north line of a called 55.06295 acre
193- tract described in the deed to Bruce Mahlmann in Clerk’s File No.
194- 9780631 of the O.R.F.B.C. and the northwest line of a called 89.24
195- acre tract described in the deed to R. W. Lindsey in Volume 469,
196- Page 284, of the Deed Records of Fort Bend County, Texas, common to
197- the southwest line of said 136.6 acre tract, to a 3/4" iron rod set
198- for the south corner and POINT OF BEGINNING of the herein described
199- tract, common to the south corner of said 100.5 acre tract and the
200- west corner of said 136.6 acre tract, from which a found 1-1/4” iron
201- pip bears North 23° 51' 01" East - 0.71’;
202- THENCE North 47° 56' 48" West – 1,522.95’ (called North 44° 48' 38"
203- West), along the southwest line of said 100.5 acre tract, common to
204- the northeast line of said 89.24 acre tract and the northeast line
205- of a called 89.011 acre tract described in the deed to Paul Nelson
206- Danzinger recorded in Clerk’s File No. 200125881 of the O.R.F.B.C.,
207- to the west corner of the herein described tract, common to the west
208- corner of said 100.5 acre tract and the south corner of a called
209- 17.99 acre tract described in the deed to Willie Drabek recorded in
210- Volume 1011, Page 841, of the Deed Records of Fort Bend County,
211- Texas, from which a found 3/4" iron pipe bears South 42° 01' 12" West –
212- 0.35’
213- THENCE North 42° 01' 12" East – 2,871.04’ (called North 45° 11' 37"
214- East), along the northwest line of said 100.5 acre tract, common to
215- the southeast line of said 17.99 acre tract, at 2,210.59’ passing a
216- found 1” iron pipe (in concrete) on the south side of Koeblen Road,
217- continuing in Koeblen Road to a 1/2" iron pipe found for the north
218- corner of said 100.5 acre tract in Koeblen Road;
219- THENCE South 48° 10' 25" East – 1,524.25’ (called South 45° 00'
220- East), along the northeast line of said 100.5 acre tract in Koeblen
221- Road to a PK nail found for the east corner of the herein described
222- tract;
223- THENCE South 42° 02' 45” West – 2,877.08’ (called South 45° 13' 10”
224- West – 2,876.08’) along the northeast line of said 100.5 acre tract,
225- at 31.70’ passing a 5/8” steel rod, continuing to the POINT OF
226- BEGINNING of the herein described tract and containing 100.5 acres
227- of land, more or less.
228- (c) If this Act does not receive a two-thirds vote of all the
229- members elected to each house, Subchapter C, Chapter 7907A, Special
230- District Local Laws Code, as added by Section 1(a) of this Act, is
231- amended by adding Section 7907A.0306 to read as follows:
232- Sec. 7907A.0306. NO EMINENT DOMAIN POWER. The district may
233- not exercise the power of eminent domain.
234- (d) Section 1(c) is not intended to be an expression of a
235- legislative interpretation of the requirements of Section 17(c),
236- Article I, Texas Constitution.
237- SECTION 2. (a) Subtitle F, Title 6, Special District Local
238- Laws Code, is amended by adding Chapter 7909A to read as follows:
18+ SECTION 1. Subtitle F, Title 6, Special District Local Laws
19+ Code, is amended by adding Chapter 7909A to read as follows:
23920 CHAPTER 7909A. UPTOWN MUNICIPAL UTILITY DISTRICT NO. 1 OF COLLIN
24021 COUNTY
24122 SUBCHAPTER A. GENERAL PROVISIONS
24223 Sec. 7909A.0101. DEFINITIONS. In this chapter:
24324 (1) "Board" means the district's board of directors.
24425 (2) "Commission" means the Texas Commission on
24526 Environmental Quality.
24627 (3) "Director" means a board member.
24728 (4) "District" means the Uptown Municipal Utility
24829 District No. 1 of Collin County.
24930 Sec. 7909A.0102. NATURE OF DISTRICT. The district is a
25031 municipal utility district created under Section 59, Article XVI,
25132 Texas Constitution.
25233 Sec. 7909A.0103. CONFIRMATION AND DIRECTOR ELECTION
25334 REQUIRED. The temporary directors shall hold an election to
25435 confirm the creation of the district and to elect five permanent
25536 directors as provided by Section 49.102, Water Code.
25637 Sec. 7909A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
25738 temporary directors may not hold an election under Section
25839 7909A.0103 until each municipality in whose corporate limits or
25940 extraterritorial jurisdiction the district is located has
26041 consented by ordinance or resolution to the creation of the
26142 district and to the inclusion of land in the district.
26243 Sec. 7909A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
26344 (a) The district is created to serve a public purpose and benefit.
26445 (b) The district is created to accomplish the purposes of:
26546 (1) a municipal utility district as provided by
26647 general law and Section 59, Article XVI, Texas Constitution; and
26748 (2) Section 52, Article III, Texas Constitution, that
26849 relate to the construction, acquisition, improvement, operation,
26950 or maintenance of macadamized, graveled, or paved roads, or
27051 improvements, including storm drainage, in aid of those roads.
27152 Sec. 7909A.0106. INITIAL DISTRICT TERRITORY. (a) The
27253 district is initially composed of the territory described by
273- Section 2(b) of the Act enacting this chapter.
274- (b) The boundaries and field notes contained in Section 2(b)
275- of the Act enacting this chapter form a closure. A mistake made in
276- the field notes or in copying the field notes in the legislative
277- process does not affect the district's:
54+ Section 2 of the Act enacting this chapter.
55+ (b) The boundaries and field notes contained in Section 2 of
56+ the Act enacting this chapter form a closure. A mistake made in the
57+ field notes or in copying the field notes in the legislative process
58+ does not affect the district's:
27859 (1) organization, existence, or validity;
27960 (2) right to issue any type of bond for the purposes
28061 for which the district is created or to pay the principal of and
28162 interest on a bond;
28263 (3) right to impose a tax; or
28364 (4) legality or operation.
28465 SUBCHAPTER B. BOARD OF DIRECTORS
28566 Sec. 7909A.0201. GOVERNING BODY; TERMS. (a) The district
28667 is governed by a board of five elected directors.
28768 (b) Except as provided by Section 7909A.0202, directors
28869 serve staggered four-year terms.
28970 Sec. 7909A.0202. TEMPORARY DIRECTORS. (a) The temporary
29071 board consists of:
29172 (1) Caleb Lavey;
29273 (2) Cole Talley;
29374 (3) Luke Brown;
29475 (4) Zack Schneider; and
29576 (5) Ben Hangartner.
29677 (b) Temporary directors serve until the earlier of:
29778 (1) the date permanent directors are elected under
29879 Section 7909A.0103; or
29980 (2) September 1, 2025.
30081 (c) If permanent directors have not been elected under
30182 Section 7909A.0103 and the terms of the temporary directors have
30283 expired, successor temporary directors shall be appointed or
30384 reappointed as provided by Subsection (d) to serve terms that
30485 expire on the earlier of:
30586 (1) the date permanent directors are elected under
30687 Section 7909A.0103; or
30788 (2) the fourth anniversary of the date of the
30889 appointment or reappointment.
30990 (d) If Subsection (c) applies, the owner or owners of a
31091 majority of the assessed value of the real property in the district
31192 may submit a petition to the commission requesting that the
31293 commission appoint as successor temporary directors the five
31394 persons named in the petition. The commission shall appoint as
31495 successor temporary directors the five persons named in the
31596 petition.
31697 SUBCHAPTER C. POWERS AND DUTIES
31798 Sec. 7909A.0301. GENERAL POWERS AND DUTIES. The district
31899 has the powers and duties necessary to accomplish the purposes for
319100 which the district is created.
320101 Sec. 7909A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
321102 DUTIES. The district has the powers and duties provided by the
322103 general law of this state, including Chapters 49 and 54, Water Code,
323104 applicable to municipal utility districts created under Section 59,
324105 Article XVI, Texas Constitution.
325106 Sec. 7909A.0303. AUTHORITY FOR ROAD PROJECTS. Under
326107 Section 52, Article III, Texas Constitution, the district may
327108 design, acquire, construct, finance, issue bonds for, improve,
328109 operate, maintain, and convey to this state, a county, or a
329110 municipality for operation and maintenance macadamized, graveled,
330111 or paved roads, or improvements, including storm drainage, in aid
331112 of those roads.
332113 Sec. 7909A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
333114 road project must meet all applicable construction standards,
334115 zoning and subdivision requirements, and regulations of each
335116 municipality in whose corporate limits or extraterritorial
336117 jurisdiction the road project is located.
337118 (b) If a road project is not located in the corporate limits
338119 or extraterritorial jurisdiction of a municipality, the road
339120 project must meet all applicable construction standards,
340121 subdivision requirements, and regulations of each county in which
341122 the road project is located.
342123 (c) If the state will maintain and operate the road, the
343124 Texas Transportation Commission must approve the plans and
344125 specifications of the road project.
345126 Sec. 7909A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
346127 ORDINANCE OR RESOLUTION. The district shall comply with all
347128 applicable requirements of any ordinance or resolution that is
348129 adopted under Section 54.016 or 54.0165, Water Code, and that
349130 consents to the creation of the district or to the inclusion of land
350131 in the district.
351132 Sec. 7909A.0306. DIVISION OF DISTRICT. (a) The district
352133 may be divided into two or more new districts only if the district:
353134 (1) has no outstanding bonded debt; and
354135 (2) is not imposing ad valorem taxes.
355136 (b) This chapter applies to any new district created by
356137 division of the district, and a new district has all the powers and
357138 duties of the district.
358139 (c) A new district created by the division of the district
359140 may not, at the time the new district is created, contain any land
360- outside the area described by Section 2(b) of the Act enacting this
141+ outside the area described by Section 2 of the Act enacting this
361142 chapter.
362143 (d) The board, on its own motion or on receipt of a petition
363144 signed by the owner or owners of a majority of the assessed value of
364145 the real property in the district, may adopt an order dividing the
365146 district.
366147 (e) The board may adopt an order dividing the district
367148 before or after the date the board holds an election under Section
368149 7909A.0103 to confirm the district's creation.
369150 (f) An order dividing the district shall:
370151 (1) name each new district;
371152 (2) include the metes and bounds description of the
372153 territory of each new district;
373154 (3) appoint temporary directors for each new district;
374155 and
375156 (4) provide for the division of assets and liabilities
376157 between the new districts.
377158 (g) On or before the 30th day after the date of adoption of
378159 an order dividing the district, the district shall file the order
379160 with the commission and record the order in the real property
380161 records of each county in which the district is located.
381162 (h) Any new district created by the division of the district
382163 shall hold a confirmation and directors' election as required by
383164 Section 7909A.0103. If the voters of a new district do not confirm
384165 the creation of the new district, the assets, obligations,
385166 territory, and governance of the new district revert to the
386167 original district.
387168 (i) Municipal consent to the creation of the district and to
388169 the inclusion of land in the district granted under Section
389170 7909A.0104 acts as municipal consent to the creation of any new
390171 district created by the division of the district and to the
391172 inclusion of land in the new district.
392173 (j) Any new district created by the division of the district
393174 must hold an election as required by this chapter to obtain voter
394175 approval before the district may impose a maintenance tax or issue
395176 bonds payable wholly or partly from ad valorem taxes.
396177 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
397178 Sec. 7909A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
398179 The district may issue, without an election, bonds and other
399180 obligations secured by:
400181 (1) revenue other than ad valorem taxes; or
401182 (2) contract payments described by Section
402183 7909A.0403.
403184 (b) The district must hold an election in the manner
404185 provided by Chapters 49 and 54, Water Code, to obtain voter approval
405186 before the district may impose an ad valorem tax or issue bonds
406187 payable from ad valorem taxes.
407188 (c) The district may not issue bonds payable from ad valorem
408189 taxes to finance a road project unless the issuance is approved by a
409190 vote of a two-thirds majority of the district voters voting at an
410191 election held for that purpose.
411192 Sec. 7909A.0402. OPERATION AND MAINTENANCE TAX. (a) If
412193 authorized at an election held under Section 7909A.0401, the
413194 district may impose an operation and maintenance tax on taxable
414195 property in the district in accordance with Section 49.107, Water
415196 Code.
416197 (b) The board shall determine the tax rate. The rate may not
417198 exceed the rate approved at the election.
418199 Sec. 7909A.0403. CONTRACT TAXES. (a) In accordance with
419200 Section 49.108, Water Code, the district may impose a tax other than
420201 an operation and maintenance tax and use the revenue derived from
421202 the tax to make payments under a contract after the provisions of
422203 the contract have been approved by a majority of the district voters
423204 voting at an election held for that purpose.
424205 (b) A contract approved by the district voters may contain a
425206 provision stating that the contract may be modified or amended by
426207 the board without further voter approval.
427208 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
428209 Sec. 7909A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
429210 OBLIGATIONS. The district may issue bonds or other obligations
430211 payable wholly or partly from ad valorem taxes, impact fees,
431212 revenue, contract payments, grants, or other district money, or any
432213 combination of those sources, to pay for any authorized district
433214 purpose.
434215 Sec. 7909A.0502. TAXES FOR BONDS. At the time the district
435216 issues bonds payable wholly or partly from ad valorem taxes, the
436217 board shall provide for the annual imposition of a continuing
437218 direct ad valorem tax, without limit as to rate or amount, while all
438219 or part of the bonds are outstanding as required and in the manner
439220 provided by Sections 54.601 and 54.602, Water Code.
440221 Sec. 7909A.0503. BONDS FOR ROAD PROJECTS. At the time of
441222 issuance, the total principal amount of bonds or other obligations
442223 issued or incurred to finance road projects and payable from ad
443224 valorem taxes may not exceed one-fourth of the assessed value of the
444225 real property in the district.
445- (b) The Uptown Municipal Utility District No. 1 of Collin
446- County initially includes all the territory contained in the
226+ SECTION 2. The Uptown Municipal Utility District No. 1 of
227+ Collin County initially includes all the territory contained in the
447228 following area:
448229 Tract 1
449230 BEING A TRACT OF LAND LOCATED IN THE HENRY BENTLEY SURVEY, ABSTRACT
450231 NO. 124 AND THE BENJAMIN BREWTON SURVEY, ABSTRACT NO. 125, COLLIN
451232 COUNTY, TEXAS AND BEING ALL OF A TRACT OF LAND DESCRIBED IN DEED TO
452233 MATTHEW D. KIRAN, RECORDED IN INSTRUMENT NO. 20070418000520430,
453234 OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS (O.P.R.C.C.T.) AND
454235 ALL OF A TRACT OF LAND DESCRIBED IN DEED TO MATTHEW DILLON KIRAN,
455236 RECORDED IN INSTRUMENT NO. 20070418000524700, O.P.R.C.C.T. AND
456237 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
457238 BEGINNING AT A 1/2-INCH IRON ROD FOUND IN THE EAST RIGHT-OF-WAY LINE
458239 OF FARM-TO-MARKET ROAD 455, A 90-FOOT RIGHT-OF-WAY, AT THE WEST
459240 COMMON CORNER OF SAID KIRAN TRACT AND A TRACT OF LAND DESCRIBED IN
460241 DEED TO MARK A. JOHNSON, RECORDED IN VOLUME 5038, PAGE 7629, DEED
461242 RECORDS, COLLIN COUNTY, TEXAS;
462243 THENCE NORTH 00°45'03" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A
463244 DISTANCE OF 831.92 FEET TO A 5/8-INCH IRON WITH A YELLOW CAP STAMPED
464245 "RPLS 5674" SET AT THE WEST COMMON CORNER OF SAID KIRAN TRACT AND A
465246 TRACT OF LAND DESCRIBED IN DEED TO MOODY RHINOCEROS, LLC, RECORDED
466247 IN INSTRUMENT NO. 20140606000572850, O.P.R.C.C.T.;
467248 THENCE NORTH 89°16'45" EAST, ALONG THE COMMON LINE OF SAID KIRAN
468249 TRACT AND SAID MOODY RHINOCEROS TRACT, A DISTANCE OF 1,315.87 FEET
469250 TO A 5/8-INCH IRON WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR
470251 CORNER;
471252 THENCE NORTH 89°21'36" EAST, CONTINUING ALONG SAID COMMON LINE, A
472253 DISTANCE OF 1,299.36 FEET TO A 1/2-INCH IRON ROD FOUND IN THE WEST
473254 LINE OF A TRACT OF LAND DESCRIBED IN DEED TO BILLY STELZER AND JULIA
474255 STELZER, CO-TRUSTEES OF THE STELZER REVOCABLE TRUST TRACT, RECORDED
475256 IN INSTRUMENT NO. 20141006001089690, O.P.R.C.C.T., AT THE EAST
476257 COMMON CORNER OF SAID KIRAN TRACT AND SAID MOODY RHINOCEROS TRACT;
477258 THENCE SOUTH 00°42'34" EAST, ALONG THE COMMON LINE OF SAID KIRAN
478259 TRACTS AND STAID STELZER TRACT, A DISTANCE OF 831.54 FEET TO A
479260 1/2-INCH IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID KIRAN
480261 TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO JOE E. HACKNEY AND
481262 WIFE, HAZEL M. HACKNEY, RECORDED IN INSTRUMENT NO. 96-0063441,
482263 O.P.R.C.C.T.;
483264 THENCE SOUTH 89°19'06" WEST, ALONG THE COMMON LINE OF SAID KIRAN
484265 TRACT AND SAID HACKNEY TRACT, A DISTANCE OF 900.24 FEET TO A
485266 3/8-INCH IRON ROD FOUND AT THE NORTH COMMON CORNER OF SAID HACKNEY
486267 TRACT AND SAID JOHNSON TRACT;
487268 THENCE SOUTH 89°18'26" WEST, ALONG THE COMMON LINE OF SAID KIRAN
488269 TRACT AND SAID JOHNSON TRACT, A DISTANCE OF 1,714.40 FEET TO THE
489270 POINT OF BEGINNING AND CONTAINING 2,175,983 SQUARE FEET OR 49.954
490271 ACRES OF LAND, MORE OR LESS.
491272 Tract 2
492273 BEING A TRACT OF LAND LOCATED IN THE T. & P. RAILWAY CO. SURVEY,
493274 ABSTRACT NO. 932, COLLIN COUNTY, TEXAS AND BEING ALL OF A TRACT OF
494275 LAND DESCRIBED IN DEED TO BILLY STELZER AND JULIA STELZER,
495276 CO-TRUSTEES OF THE STELZER REVOCABLE TRUST, RECORDED IN INSTRUMENT
496277 NO. 20141006001089690, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
497278 TEXAS (O.P.R.C.C.T.) AND BEING MORE PARTICULARLY DESCRIBED AS
498279 FOLLOWS:
499280 BEGINNING AT AN 8-INCH WOOD FENCE POST FOUND IN THE EAST LINE OF A
500281 TRACT OF LAND DESCRIBED IN DEED TO OLD CELINA, LTD., RECORDED IN
501282 INSTRUMENT NO. 20180323000355690, O.P.R.C.C.T., AT THE SOUTHWEST
502283 CORNER OF SAID STELZER TRACT AND THE NORTHWEST CORNER OF A TRACT OF
503284 LAND DESCRIBED IN DEED TO JARRELL DWAIN GRAY, RECORDED IN
504285 INSTRUMENT NO. 20090105000007700, O.P.R.C.C.T.;
505286 THENCE NORTH 00°04'16" WEST, A DISTANCE OF 319.32 FEET TO A 3/8-INCH
506287 IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID OLD CELINA TRACT
507288 AND A TRACT OF LAND DESCRIBED IN DEED TO JOE E. HACKNEY AND WIFE,
508289 HAZEL M. HACKNEY, RECORDED IN INSTRUMENT NO. 96-0063441,
509290 O.P.R.C.C.T.;
510291 THENCE NORTH 00°31'51" WEST, A DISTANCE OF 479.09 FEET TO A 1/2-INCH
511292 IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID HACKNEY TRACT AND A
512293 TRACT OF LAND DESCRIBED IN DEED TO MATTHEW D. KIRAN, RECORDED IN
513294 INSTRUMENT NO. 20070418000520430, O.P.R.C.C.T.;
514295 THENCE NORTH 00°42'34" WEST, ALONG THE EAST LINE OF SAID KIRAN TRACT
515296 AND ANOTHER TRACT DESCRIBED IN DEED TO MATTHEW DILLON KIRAN,
516297 RECORDED IN INSTRUMENT NO. 20070418000524700, O.P.R.C.C.T., A
517298 DISTANCE OF 831.54 FEET TO A 1/2-INCH IRON ROD FOUND AT THE EAST
518299 COMMON CORNER OF SAID KIRAN TRACT AND A TRACT OF LAND DESCRIBED IN
519300 DEED TO MOODY RHINOCEROS, LLC, RECORDED IN INSTRUMENT NO.
520301 20140606000572850, D.R.C.C.T.;
521302 THENCE NORTH 00°07'00" EAST, ALONG THE EAST LINE OF SAID MOODY
522303 RHINOCEROS TRACT, PASSING AT A DISTANCE OF 1,107.23 FEET A 3/4-INCH
523304 IRON ROD FOUND AT THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED
524305 IN DEED TO KIM CANNADY LEE, RECORDED IN VOLUME 4840, PAGE 1743, DEED
525306 RECORDS, COLLIN COUNTY, TEXAS (D.R.C.C.T.), AND CONTINUING FOR A
526307 TOTAL DISTANCE OF 1,120.03 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW
527308 CAP STAMPED "RPLS 5674" SET NEAR THE SOUTHWEST EDGE OF PAVING OF
528309 COUNTY ROAD 57 AT THE NORTHWEST CORNER OF SAID STELZER TRACT AND THE
529310 SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO OLD CELINA,
530311 LTD., RECORDED IN INSTRUMENT NO. 20140501000426500, O.P.R.C.C.T.,
531312 FROM WHICH A 1/2-INCH IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID
532313 LEE TRACT BEARS NORTH 01°02'23"WEST, A DISTANCE OF 570.99 FEET;
533314 THENCE NORTH 89°35'24" EAST, ALONG SAID COUNTY ROAD 57 AND THE NORTH
534315 LINE OF SAID STELZER TRACT, A DISTANCE OF 2,631.96 FEET TO A
535316 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR
536317 CORNER IN THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN DEED TO OLD
537318 CELINA , LTD., RECORDED IN INSTRUMENT NO. 20060815001168150,
538319 O.P.R.C.C.T., AT THE NORTH COMMON CORNER OF SAID STELZER TRACT AND A
539320 TRACT OF LAND DESCRIBED AS TRACT III IN DEED TO G BAR 7, LTD.,
540321 RECORDED IN VOLUME 5850, PAGE 990, D.R.C.C.T., FROM WHICH A
541322 3/8-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID OLD CELINA
542323 TRACT BEARS NORTH 89°35'24" EAST, A DISTANCE OF 682.05 FEET;
543324 THENCE SOUTH 00°12'44" EAST, LEAVING THE SOUTH LINE OF SAID OLD
544325 CELINA TRACT AND ALONG SAID COUNTY ROAD 57 AND THE EAST LINE OF SAID
545326 STELZER TRACT, A DISTANCE OF 852.17 FEET TO A MAG NAIL SET AT THE
546327 NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF
547328 CELINA, TEXAS, RECORDED IN VOLUME 481, PAGE 230, D.R.C.C.T.;
548329 THENCE NORTH 87°15'44" WEST, LEAVING SAID COUNTY ROAD 57 AND SAID
549330 EAST LINE OF THE STELZER TRACT, A DISTANCE OF 450.00 FEET TO A
550331 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE
551332 NORTHWEST CORNER OF SAID CITY OF CELINA TRACT;
552333 THENCE SOUTH 00°12'44" EAST, A DISTANCE OF 485.30 FEET TO A 5/8-INCH
553334 IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE SOUTHWEST
554335 CORNER OF SAID CITY OF CELINA TRACT;
555336 THENCE SOUTH 87°15'44" EAST, A DISTANCE OF 450.00 FEET TO A MAG NAIL
556337 SET IN SAID COUNTY ROAD 57 AND SAID EAST LINE OF THE STELZER TRACT AT
557338 THE SOUTHEAST CORNER OF SAID CITY OF CELINA TRACT;
558339 THENCE SOUTH 00°12'44" EAST, ALONG SAID COUNTY ROAD 57 AND SAID EAST
559340 LINE OF THE STELZER TRACT, A DISTANCE OF 1,420.00 FEET TO A MAG NAIL
560341 SET AT THE SOUTHEAST CORNER OF SAID STELZER TRACT;
561342 THENCE SOUTH 89°56'13" WEST, LEAVING SAID COUNTY ROAD 57, PASSING AT
562343 A DISTANCE OF 205.83 FEET A 5/8-INCH IRON ROD FOUND AT THE NORTH
563344 COMMON CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO J.B. STELZER
564345 AND WIFE FRANCES B. STELZER, RECORDED IN INSTRUMENT NO.
565346 19710125077403730, D.R.C.C.T., AND LOT 23 OF WILLOCK HILL ADDITION
566347 AMENDED PLAT, AN ADDITION TO THE CITY OF CELINA, COLLIN COUNTY,
567348 TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET H, SLIDE
568349 160, MAP RECORDS, COLLIN COUNTY, TEXAS, AND CONTINUING FOR A TOTAL
569350 DISTANCE OF 605.83 FEET TO THE NORTH COMMON CORNER OF LOTS 11 AND 23
570351 OF SAID ADDITION, FROM WHICH A 1/2-INCH IRON ROD FOUND WITH A CAP
571352 STAMPED "RPLS 2818" BEARS SOUTH 09°19'53" EAST, A DISTANCE OF 0.46
572353 FEET;
573354 THENCE SOUTH 89°51'02" WEST, A DISTANCE OF 358.80 FEET TO A 5/8-INCH
574355 IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE NORTH
575356 COMMON CORNER OF LOTS 10 AND 11 OF SAID ADDITION;
576357 THENCE SOUTH 89°41'02" WEST, A DISTANCE OF 380.00 FEET TO A 1/2-INCH
577358 IRON ROD WITH CAP STAMPED "RPLS 2818" FOUND AT THE NORTH COMMON
578359 CORNER OF SAID ADDITION AND SAID GRAY TRACT;
579360 THENCE SOUTH 89°39'42" WEST, A DISTANCE OF 1,284.65 FEET TO THE
580361 POINT OF BEGINNING AND CONTAINING 7,029,841 SQUARE FEET OR 161.383
581362 ACRES OF LAND, MORE OR LESS.
582363 Tract 3
583364 All that certain 143.93 acre tract or parcel of land situated in the
584365 Collin County School Land Survey, Abstract Number 168, Thomas
585366 Stayton Survey, Abstract Number 804 and the Henry Bentley Survey,
586367 Abstract Number 124, County of Collin, State of Texas, said tract
587368 being part of a called 26.030 acre tract as described in deed to
588369 Crown S. Ltd., filed 14 December 2001, and recorded in volume 5066
589370 page 4447 of the Official Public Records of said Collin County,
590371 Texas, and said tract being part of Exhibit A, a called 193.825 acre
591372 tract as described in deed to Crown S. Ltd., filed 31 July 1997, and
592373 recorded in volume 3966 page 2598 of said official public records,
593374 and being more particularly described as follows;
594375 COMMENCING at a found iron rod by a pipe fence corner post, said rod
595376 being the southwest corner of said Exhibit A, same being the
596377 northwest corner of a called 35.286 acre tract as described in deed
597378 to Sutton Field Investments, LLC, filed 10 February 2015, and
598379 recorded in Collin County Clerks #D20150210000147450 of said
599380 official public records, and said rod being on the east line of
600381 Tract One a called 14.88 acre tract as described in deed to Dwight
601382 Shewchuck et ux, Rebecca Shewchuk, 26 June 1998, and recorded in
602383 Collin County Clerks #D98-0067003 of said official public records,
603384 said rod also having NAD83 NCTZ grid coordinates of N-7169022.23,
604385 E-2482005.62
605386 THENCE: North 00 degrees 30 minutes 58 seconds West, with the west
606387 line of said Exhibit A, and with the east line of said Shewchuk
607388 tract, a distance of 852.21 feet a set 1/2 inch rebar for the POINT
608389 OF BEGINNING and being the southwest corner of the tract being
609390 described herein:
610391 THENCE: North 00 degrees 30 minutes 58 seconds West, with the west
611392 line of said Exhibit A, and generally along and near a barbed wire
612393 fence, a distance of 690.83 feet to a found iron rod by a wood fence
613394 corner post for an angle point in the west line of said Exhibit A,
614395 same being the northeast corner of a called 10.253 acre tract as
615396 described in deed to Jimmy D. Bennett and Katheleen J. Bennett,
616397 filed 06 May 1997, and recorded in Collin County Clerks
617398 #D97-0035479 of said official public records, same being the
618399 southeast corner of Tract II, a called 7.605 acre tract as described
619400 in deed to Glenn E. Hansen, filed 15 May 2008, and recorded in
620401 Collin County Clerks #D20080515000592770 of said official public
621402 records;
622403 THENCE: North 00 degrees 32 minutes 00 seconds West, with the west
623404 line of said Exhibit A, and generally along and near a barbed wire
624405 fence, a distance of 1734.10 feet to a found 5/8 inch rebar by a pipe
625406 fence corner post for the northwest corner of said Exhibit A, same
626407 being the occupied southwest corner of said 26.030 acre tract, and
627408 said rebar being the northeast corner of a called 7.004 acre tract
628409 as described in deed to Greg Mims and Pam Mims, filed 04 June 2015,
629410 and recorded in Collin County Clerks #D20150604000659940 of said
630411 official public records, same being the southeast corner of a
631412 called 10.012 acre tract as described in deed to W. G. Cullum &
632413 Company Ltd. filed 15 December 2015, and recorded in Collin County
633414 Clerks #D20151215001560240 of said official public records;
634415 THENCE: North 00 degrees 31 minutes 54 seconds East, with the west
635416 line of said 26.030 acre tract, and generally along and near a
636417 barbed wire fence, a distance of 439.87 feet to a found capped iron
637418 rod by a pipe fence corner post for the northwest corner of said
638419 26.030 acre tract, same being the southwest corner of a called
639420 16.090 acre tract as described in deed to Scot H. Mcdonald et ux,
640421 Jill C. McDonald, filed 14 December 2001, and recorded in Collin
641422 County Clerks #D2001-0161490 of said official public records;
642423 THENCE: North 88 degrees 46 minutes 33 seconds East, with the north
643424 line of said 26.030 acre tract, and with a barbed wire fence, and
644425 passing at 2595.47 feet a pipe fence corner post on the west side of
645426 Farm to Market Road Number 455, and continuing on said course a
646427 total distance of 2597.47 feet to a found capped iron rod with a
647428 plastic cap marked RPLS 1849 on the west right of way tine of said
648429 road for the northeast corner of this tract, same being the
649430 northeast corner of said 26.030 acre tract, and said rod being the
650431 southeast corner of a called 10.037 acre tract as described in deed
651432 to Raju Gadirajy and Feng-Tzu Tsai, filed 14 June 2004, and recorded
652433 in Collin County Clerks #D2004-0086243 of said official public
653434 records;
654435 THENCE: South 00 degrees 14 minutes 10 seconds East, with the west
655436 line of said road, a distance of 417.70 feet to a set 1/2 inch rebar
656437 for a corner of this tract;
657438 THENCE: South 88 degrees 50 minutes 08 seconds West, and passing at
658439 450.61 feet a set 1/2 inch rebar, and continuing on said course a
659440 total distance of 633.56 feet to a set 1/2 inch rebar for an ell
660441 corner of this tract;
661442 THENCE: South 00 degrees 44 minutes 17 seconds East, a distance of
662443 817.09 feet to a set 1/2 inch rebar for an ell corner of this tract;
663444 THENCE: South 88 degrees 45 minutes 36 seconds East, and passing at
664445 120.6 feet a set 1/2 inch rebar, and continuing on said course, and
665446 passing at 140.6 feet a pipe fence corner post, and continuing on
666447 said course with a pipe fence, and passing at 631.77 feet a pipe
667448 fence corner post on the west side of said road, and continuing on
668449 said course a total distance of 633.07 feet to a set 1/2 inch rebar
669450 on the west right of way line of said road for a corner of this
670451 tract;
671452 THENCE: South 00 degrees 44 minutes 17 seconds East, with the west
672453 line of said road, a distance of 719.40 feet to a found concrete
673454 highway monument for a corner of this tract, said monument being the
674455 north corner of a called 0.5112 acre tract as described in deed to
675456 State of Texas, filed 03 April 2017, and recorded in Collin County
676457 Clerks #D2017043000416890 of said official public records;
677458 THENCE: South 06 degrees 53 minutes 35 seconds West, with the west
678459 line of said road, and with the west line of said State of Texas
679460 tract, a distance of 55.53 feet to a set 1/2 inch rebar for the most
680461 easterly southeast corner of this tract, from said rebar a found
681462 capped iron rod bears North 89 degrees 59 minutes 15 seconds East, a
682463 distance of 7.4 feet;
683464 THENCE: North 89 degrees 46 minutes 54 seconds West, and passing at
684465 0.9 feet a pipe fence corner post, and continuing on said course,
685466 with a barbed wire fence, a total distance of 571.78 feet to a pipe
686467 fence corner post of an inner ell corner of this tract;
687468 THENCE: South 05 degrees 25 minutes 28 seconds West, with a barbed
688469 wire fence, a distance of 562.01 feet to a pipe fence corner post
689470 for the most southerly southeast corner of this tract;
690471 THENCE: South 73 degrees 44 minutes 30 seconds West, with a barbed
691472 wire fence, a distance of 982.13 feet to a pipe fence corner post
692473 for an angle point of this tract;
693474 THENCE: South 84 degrees 56 minutes 30 seconds West, with a barbed
694475 wire fence, a distance of 804.70 feet to a pipe fence corner post
695476 for an angle point of this tract;
696477 THENCE: North 85 degrees 09 minutes 45 seconds West, with a barbed
697478 wire fence, and passing at 221.95 feet a pipe fence corner post, and
698479 continuing on said course a total distance of 224.41 feet to the
699480 POINT OF BEGINNING and containing 143.93 acres of land.
700481 Tract 4
701482 LEGAL DESCRIPTION
702483 BEING a tract of land situated in the Thomas Stayton Survey,
703484 Abstract No. 805 Collin county, Texas and being part of a called
704485 54.809 acre tract conveyed to Lewis Dickerson as recorded in County
705486 Clerks No. 2010051000463340, Land Records of Collin County, Texas,
706487 and being more particularly described by metes and bounds as
707488 follows:
708489 BEGINNING at a 1/2" iron rod with yellow plastic capped
709490 stamped "4613" set for corner in the west line of said 54.809 acre
710491 tract, said iron rod being S 00°02'11" W a distance of 185.72' from a
711492 1/2" iron rod found for the northwest corner of said 54.809 acres;
712493 THENCE N 89°04'55" E a distance of 1400.14' to a mag nail set
713494 for corner in the east line of said 54.809 acre tract, said nail
714495 being in Business No. 289;
715496 THENCE S 00°44'54" W veering west from the road a distance of
716497 1770.34' to a point for corner;
717498 THENCE 5 11°19'55" W a distance of 534.39' to a point for
718499 corner;
719500 THENCE S 89°34'57" W a distance of 28.22' to a point for
720501 corner;
721502 THENCE N 10°32'31" E a distance of 695.27' to a point for
722503 corner;
723504 THENCE N 01°09'28" E a distance of 121.00' to a wood fence post
724505 found for corner;
725506 THENCE S 89°10'28" W a distance of 1110.80' to a wood fence
726507 post found for corner;
727508 THENCE N 57°00'00" W a distance of 300.66' to a wood fence post
728509 found for corner;
729510 THENCE N 00°10'07" W a distance of 262.10' to a 1/2" iron rod
730511 with yellow plastic capped stamped "4613" set for corner;
731512 THENCE N 00°39'54" W a distance of 843.67' to a wood fence post
732513 found for corner;
733514 THENCE N 00°02'11" E a distance of 213.97' to the POINT OF
734515 BEGINNING and containing 2,060,807 Square Feet or 47.310 Acres of
735516 land.
736517 Tract 5
737518 Being a tract of land situated in the Thomas Stayton Survey,
738519 Abstract No. 805, Collin County, Texas and being the remainder of a
739520 called 79 acre tract of land (Tract III) described in Deed to G Bar
740521 7, LTD. as recorded in Document No. 2005-0015684 of the Official
741522 Public Real Property Records of Collin County, Texas, and being
742523 more particularly described herein as follows:
743524 BEGINNING at a "Mag" spike set in County Road 57 (a public road) and
744525 in the East line of a called 160 acres tract of land described in
745526 Deed to Billy Stelzer and Julia Stelzer as recorded in Instrument
746527 No. 20141006001089690 of the Official Public Records of Collin
747528 County, Texas for the Southwest corner of said Tract III;
748529 THENCE North 00 degrees 01 minutes 22 seconds East, with the West
749530 line of said Tract III, along said County Road 57, passing the
750531 Southeast corner of a called 5.00 acres tract of land described in
751532 Deed to the City of Celina as recorded in Volume 481, Page 230 of
752533 said Deed Records, continuing with the West line of said Tract III
753534 and the East line of said City of Celina tract, passing the
754535 Northeast corner thereof and continuing for a total distance of
755536 2,484.46 feet to a 5/8 inch iron rod with plastic cap stamped "PLS,
756537 INC" (typical) set on the Northeast side of a bend in said County
757538 Road 57 for the Northwest corner of said Tract III, and being in the
758539 South line of a called 52.039 acre tract of land described in Deed
759540 to Old Celina, LTD. as recorded in Instrument No. 20060815001168150
760541 of said Official Public Records;
761542 THENCE North 89 degrees 45 minutes 53 seconds East, with the North
762543 line of said Tract III, passing the Southeast corner of said 52.039
763544 acre tract and the Southwest corner of a called 50.363 acres tract
764545 of land described in Deed to Celina 50, LLC as recorded in
765546 Instrument No. 20190610000659920 of said Official Public Records,
766547 and continuing for a total distance of 1,385.31 feet to a 3/8 inch
767548 iron rod found for the Northeast corner of said Tract III and the
768549 Northwest corner of a called 54.804 acres tract of land (Tract Two)
769550 described in Deed to Dorothy Stambaugh and Lewis Dickerson as
770551 recorded in Instrument No. 20100510000463340 of said Official
771552 Public Records;
772553 THENCE with the East line of said Tract III and the West line of said
773554 Stambough tract, along and near an established fence line, the
774555 following courses and distances:
775556 South 00 degrees 39 minutes 47 seconds East, a distance of
776557 174.67 feet to a 5/8 inch iron rod set for corner;
777558 South 02 degrees 33 minutes 05 seconds West, a distance of
778559 145.60 feet to a 5/8 inch iron rod set for corner;
779560 South 02 degrees 09 minutes 55 seconds East, a distance of
780561 198.50 feet to a 5/8 inch iron rod set for corner;
781562 South 00 degrees 24 minutes 55 seconds East, a distance of
782563 725.00 feet to a 5/8 inch iron rod set for corner;
783564 South 00 degrees 09 minutes 55 seconds East, a distance of
784565 262.10 feet to a cross-tie fence corner post found for the Southwest
785566 corner of said Stambough tract and the Northwest corner of Lot 1,
786567 Block A of Celina 22 Addition recorded in Instrument
787568 20200128010000450 of said Official Public Records;
788569 THENCE South 00 degrees 01 minutes 02 seconds West, with the East
789570 line of said Tract III and the West line of Lot 1, passing the
790571 Southwest corner of said Lot 1 and the Northwest corner of Lot 2,
791572 Block A of said Celina 22 Addition, and continuing for a total
792573 distance of 672.08 feet to a 1/2 inch iron rod found for the
793574 Southwest corner of said Lot 2 and the Northwest corner of Lot 1,
794575 Block 1 of Snyder Addition as recorded in Instrument
795576 No. 20060511010001920 of said Official Public Records;
796577 THENCE South 00 degrees 08 minutes 55 seconds West, with the East
797578 line of said Tract III and the West line of said Snyder Addition, a
798579 distance of 297.31 feet to a 1/2 inch iron rod found in the North
799580 line of a 30 foot alleyway for the Southeast corner of said Tract
800581 III and the Southwest corner of said Snyder Addition;
801582 THENCE South 89 degrees 29 minutes 39 seconds West, with the South
802583 line of said Tract III and the North line of said 30 foot alleyway, a
803584 distance of 100.03 feet to a 1/2 inch iron rod found for the
804585 Southeast corner of a called 3.00 acres tract of land described in
805586 Deed to Whitney Elliot and Marc Elliot as recorded in Instrument
806587 No. 20181228001576130 of said Official Public Records;
807588 THENCE North 00 degrees 31 minutes 41 seconds West, with the East
808589 line of said Elliot tract, a distance of 315.13 feet to a 1/2 inch
809590 capped iron rod found for the Northeast corner of said Elliot tract;
810591 THENCE South 89 degrees 20 minutes 47 seconds West, with the North
811592 line of said Elliot tract, a distance of 414.83 feet to a 5/8 inch
812593 iron rod set for the Northwest corner of said Elliot tract;
813594 THENCE South 00 degrees 31 minutes 41 seconds East, with the West
814595 line of said Elliot tract, a distance of 314.99 feet to a 5/8 inch
815596 iron rod set in the South line of said Tract III and the North line
816597 of said 30 foot alleyway for the Southwest corner of said Elliot
817598 tract;
818599 THENCE South 89 degrees 21 minutes 57 seconds West, with the South
819600 line of said Tract III, a distance of 879.59 feet to the POINT OF
820601 BEGINNING and containing, within the metes and bounds herein
821602 recited, 76.224 acres of land, more or less.
822603 Tract 6
823604 BEING A TRACT OF LAND LOCATED IN THE HENRY BENTLEY SURVEY, ABSTRACT
824605 NO. 124, COLLIN COUNTY, TEXAS AND BEING ALL OF A TRACT OF LAND
825606 DESCRIBED IN DEED TO MARK S. JOHNSON, RECORDED IN VOLUME 5038, PAGE
826607 7629, DEED RECORDS, COLLIN COUNTY, TEXAS AND BEING MORE
827608 PARTICULARLY DESCRIBED AS FOLLOWS:
828609 BEGINNING AT A 1/2-INCH IRON ROD FOUND IN THE EXISTING EAST
829610 RIGHT-OF-WAY LINE OF FARM-TO-MARKET ROAD (FM) 455, A VARIABLE WIDTH
830611 RIGHT-OF-WAY, AT THE WEST COMMON CORNER OF SAID JOHNSON TRACT AND A
831612 TRACT OF LAND DESCRIBED IN DEED TO MATTHEW D. KIRAN, RECORDED IN
832613 INSTRUMENT NO. 20070418000520430, OFFICIAL PUBLIC RECORDS, COLLIN
833614 COUNTY, TEXAS (O.P.R.C.C.T.);
834615 THENCE NORTH 89°18'26" EAST,LEAVING SAID EAST RIGHT-OF-WAY LINE AND
835616 ALONG THE COMMON LINE OF SAID JOHNSON TRACT AND SAID KIRAN TRACT, A
836617 DISTANCE OF 1,714.40 FEET TO A 3/8-INCH IRON ROD FOUND AT THE NORTH
837618 COMMON CORNER OF SAID JOHNSON TRACT AND A TRACT OF LAND DESCRIBED IN
838619 DEED TO JOE E. HACKNEY AND WIFE, HAZEL M. HACKNEY, RECORDED IN
839620 INSTRUMENT NO. 96-0063441, O.P.R.C.C.T., FROM WHICH A 1/2-INCH IRON
840621 ROD FOUND AT THE EAST COMMON CORNER OF SAID KIRAN TRACT AND SAID
841622 HACKNEY TRACT BEARS NORTH 89°19'06" EAST, A DISTANCE OF 900.24 FEET;
842623 THENCE SOUTH 00°39'47" WEST, ALONG THE COMMON LINE OF SAID JOHNSON
843624 TRACT AND SAID HACKNEY TRACT, A DISTANCE OF 476.67 FEET TO A
844625 1/2-INCH IRON ROD FOUND IN THE NORTH LINE OF A TRACT OF LAND
845626 DESCRIBED IN DEED TO OLD CELINA, LTD., RECORDED IN INSTRUMENT NO.
846627 20180323000355690, O.P.R.C.C.T., AT THE SOUTH COMMON CORNER OF SAID
847628 JOHNSON TRACT AND SAID HACKNEY TRACT, FROM WHICH A 3/8-INCH IRON ROD
848629 FOUND AT THE EAST COMMON CORNER OF SAID HACKNEY TRACT AND SAID OLD
849630 CELINA TRACT BEARS NORTH 89°28'43" EAST, A DISTANCE OF 910.17 FEET;
850631 THENCE SOUTH 87°38'51" WEST, ALONG THE COMMON LINE OF SAID JOHNSON
851632 TRACT AND THE OLD CELINA TRACT, A DISTANCE OF 58.03 FEET TO A
852633 1/2-IRON ROD FOUND AT THE NORTH COMMON CORNER OF SAID OLD CELINA
853634 TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO CELINA 428, L.P.,
854635 RECORDED IN INSTRUMENT NO. 20070222000245920, O.P.R.C.C.T.;
855636 THENCE SOUTH 88°35'59" WEST, ALONG THE COMMON LINE OF SAID JOHNSON
856637 TRACT AND SAID CELINA 428 TRACT, A DISTANCE OF 589.16 FEET TO A
857638 1/2-INCH IRON ROD WITH A YELLOW CAP (ILLEGIBLE) FOUND AT THE NORTH
858639 COMMON CORNER OF SAID CELINA 428 TRACT AND TRACT OF LAND DESCRIBED
859640 IN DEED TO JC GOODMA NINVESTMENT GROUP, INC., RECORDED IN
860641 INSTRUMENT NO. 20200115000063450, O.P.R.C.C.T.;
861642 THENCE SOUTH 88°39'24" WEST, ALONG THE COMMON LINE OF SAID JOHNSON
862643 TRACT AND SAID JC GOODMAN INVESTMENT GROUP TRACT, A DISTANCE OF
863644 1,015.89 FEET TO A 5/8 INCH IRON ROD WITH A PINK PLASTIC CAP STAMPED
864645 "TXDOT" FOUND IN THE NEW EAST RIGHT-OF-WAY LINE OF SAID FM 455 AS
865646 ESTABLISHED BY DEED TO THE STATE OF TEXAS, RECORDED IN INSTRUMENT
866647 NO. 2017013000470220, O.P.R.C.C.T.;
867648 THENCE NORTH 06°44'04" WEST, ALONG SAID NEW EAST RIGHT-OF-WAY LINE,
868649 A DISTANCE OF 381.29 FEET TO A 5/8 INCH IRON ROD WITH A PINK PLASTIC
869650 CAP STAMPED "TXDOT" FOUND FOR CORNER IN THE EXISTING EAST
870651 RIGHT-OF-WAY LINE OF SAID FM 544;
871652 THENCE NORTH 00°43'02" WEST, ALONG SAID EXISTING EAST RIGHT-OF-WAY
872653 LINE, A DISTANCE OF 117.86 FEET TO THE POINT OF BEGINNING AND
873654 CONTAINING 825,624 SQUARE FEET OR 18.954 ACRES OF LAND, MORE OR
874655 LESS.
875656 Tract 7
876657 BEING A TRACT OF LAND LOCATED IN THE BENJAMIN BREWTON SURVEY,
877658 ABSTRACT NO. 125, COLLIN COUNTY, TEXAS AND BEING ALL OF A TRACT OF
878659 LAND DESCRIBED IN DEED TO MOODY RHINOCEROS, LLC, RECORDED IN
879660 INSTRUMENT NO. 20140606000572850, OFFICIAL PUBLIC RECORDS, COLLIN
880661 COUNTY, TEXAS (O.P.R.C.C.T.) AND BEING MORE PARTICULARLY DESCRIBED
881662 AS FOLLOWS:
882663 BEGINNING AT A 5/8-INCH IRON ROD WITH A CAP STAMPED "RPLS 5674"
883664 FOUND IN THE EAST RIGHT-OF-WAY LINE OF FARM-TO-MARKET ROAD 455, A
884665 90-FOOT RIGHT-OF-WAY, AT THE WEST COMMON CORNER OF SAID MOODY TRACT
885666 AND A TRACT OF LAND DESCRIBED IN DEED TO MATTHEW DILLON KIRAN,
886667 RECORDED IN INSTRUMENT NO. 20070418000524700, O.P.R.C.C.T., FROM
887668 WHICH A WOOD RIGHT-OF-WAY MARKER BEARS NORTH 58°16'44" WEST, A
888669 DISTANCE OF 1.45 FEET;
889670 THENCE NORTH 00°45'03" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A
890671 DISTANCE OF 498.59 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW PLASTIC
891672 CAP STAMPED "RPLS 5674" SET FOR CORNER, FROM WHICH A WOOD
892673 RIGHT-OF-WAY MARKER BEARS NORTH 02°35'45" WEST, A DISTANCE OF 26.41
893674 FEET;
894675 THENCE NORTH 00°13'52" WEST, CONTINUING ALONG SAID EAST
895676 RIGHT-OF-WAY LINE, A DISTANCE OF 720.60 FEET TO A POINT FOR CORNER
896677 FROM WHICH A 3/4-INCH IRON ROD FOUND AT THE SOUTHWEST CORNER OF A
897678 TRACT OF LAND DESCRIBED IN DEED TO KIM CANNADY LEE, RECORDED IN
898679 VOLUME 4840, PAGE 1743, DEED RECORDS, COLLIN COUNTY, TEXAS, BEARS
899680 SOUTH 88°14'15" EAST, A DISTANCE OF 0.59 FEET AND FROM WHICH A
900681 3/8-INCH IRON ROD FOUND NEAR THE NORTHWEST CORNER OF SAID MOODY
901682 TRACT BEARS SOUTH 01°58'05"WEST, A DISTANCE OF 8.20 FEET AND FROM
902683 WHICH A 1/2-INCH IRON ROD FOUND AT THE NORTHWEST CORNER OF SAID LEE
903684 TRACT BEARS NORTH 00°13'02" WEST, A DISTANCE OF 546.05 FEET;
904685 THENCE SOUTH 88°14'15" EAST, ALONG THE SOUTH LINE OF SAID LEE TRACT,
905686 A DISTANCE OF 2,627.99 FEET TO A 3/4-INCH IRON ROD FOUND IN THE WEST
906687 LINE OF A TRACT OF LAND DESCRIBED IN DEED TO BILLY STELZER AND JULIA
907688 STELZER, CO-TRUSTEES OF THE STELZER REVOCABLE TRUST TRACT, RECORDED
908689 IN INSTRUMENT NO. 20141006001089690, O.P.R.C.C.T. AT THE SOUTHEAST
909690 CORNER OF SAID LEE TRACT, FROM WHICH A 1/2-INCH IRON ROD FOUND NEAR
910691 THE NORTHEAST CORNER OF SAID MOODY TRACT BEARS NORTH 00°39'40" WEST,
911692 A DISTANCE OF 7.67 FEET AND FROM WHICH A 5/8-INCH IRON ROD WITH A CAP
912693 (ILLEGIBLE) FOUND AT THE NORTHEAST CORNER OF SAID LEE TRACT BEARS
913694 NORTH 01°00'52" WEST, A DISTANCE OF 583.77 FEET;
914695 THENCE SOUTH 00°07'00" WEST, ALONG THE COMMON LINE OF SAID MOODY
915696 TRACT AND SAID STELZER TRACT, A DISTANCE OF 1,107.25 FEET TO A
916697 1/2-INCH IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID MOODY
917698 TRACT AND SAID KIRAN TRACT;
918699 THENCE SOUTH 89°21'36" WEST, ALONG THE COMMON LINE OF SAID MOODY
919700 TRACT AND SAID KIRAN TRACT, A DISTANCE OF 1,299.36 FEET TO A
920701 5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "RPLS 5674"
921702 FOUND FOR CORNER;
922703 THENCE SOUTH 89°16'45" WEST, CONTINUING ALONG THE COMMON LINE OF
923704 SAID MOODY TRACT AND SAID KIRAN TRACT, A DISTANCE OF 1,315.87 FEET
924705 TO THE POINT OF BEGINNING AND CONTAINING 3,048,952 SQUARE FEET OR
925706 69.994 ACRES OF LAND, MORE OR LESS.
926707 Tract 8
927708 LEGAL DESCRIPTION
928709 108.175 ACRES
929710 BEING a tract of land in the J. HEATH SURVEY, ABSTRACT NO. 387 and
930711 the J. RAGDALE SURVEY, ABSTRACT NO. 735, Collin County, Texas, and
931712 being that tract of land conveyed in Deed to JASC Investments Inc.,
932713 according to the document of record filed in Document Number
933714 20160610000730460, Official Public Records, Collin County, Texas,
934715 and being more particularly described as follows;
935716 BEGINNING at a wooden fence post found for the common northwest
936717 corner of said JASC Investments Inc. tract and the southwest corner
937718 of that tract of land conveyed in Deed to Pair Of Dice Properties,
938719 LLC, according to the document of record filed in Document Number
939720 20181102001367960, Official Public Records, Collin County, Texas,
940721 and being in the east line of that tract of land conveyed in Deed to
941722 Dynavest Joint Venture, according to the document of record filed
942723 in Book 2288, Page 114, Deed Records, Collin County, Texas;
943724 THENCE N 89° 42' 34" E, with the common north line of said JASC
944725 Investments Inc. tract and the south line of said Pair Of Dice
945726 Properties, LLC tract, a distance of 1147.28 feet to a 1/2" iron rod
946727 found for the common southeast corner of said Pair Of Dice
947728 Properties, LLC tract and the southwest corner of that tract of land
948729 conveyed in Deed to Charles Ray Huddleston and Sherry Lynn
949730 Huddleston, according to the document filed of record in Volume
950731 1368, Page 368, Deed Records, Collin County, Texas;
951732 THENCE N 89° 56' 49" E, with the common north line said JASC
952733 Investments Inc. tract and the south line of said Charles Ray
953734 Huddleston and Sherry Lynn Huddleston tract, a distance of 269.47
954735 feet to a 3/8" iron rod found for the common southeast corner of
955736 said Charles Ray Huddleston and Sherry Lynn Huddleston tract and
956737 the southwest corner of that tract of land described as Tract I as
957738 conveyed in Deed to Rodney L. Steed and wife, Tommie S. Steed,
958739 according to the document of record filed in Book 4393. Page 0942,
959740 Official Public Records, Collin County, Texas, from which a 5/8"
960741 iron rod found bears N 05° 19' 33" W, 1.19';
961742 THENCE N 89° 06' 37" E, with the common north line said JASC
962743 Investments Inc. tract and the south line of said Rodney L. Steed
963744 and wife, Tommie S. Steed tract, a distance of 220.24 feet to a 1/2"
964745 iron rod found for the common southeast corner of said Rodney L.
965746 Steed and wife, Tommie S. Steed tract and the southwest corner of
966747 that tract of land described as Tract I as conveyed in Deed to
967748 Tommie S. Steed and Rodney L. Steed, according to the document of
968749 record filed in Document Number 20071011001400330, Official Public
969750 Records, Collin County, Texas;
970751 THENCE N 89° 35' 00" E, with the common north line said JASC
971752 Investments Inc. tract and the south line of said Tommie S. Steed
972753 and Rodney L. Steed tract, a distance of 220.01 feet to a 1/2" iron
973754 rod found for the common southeast corner of said Tommie S. Steed
974755 and Rodney L. Steed tract and the southwest corner of that tract of
975756 land described as Steed Tract I as conveyed in Deed to Frances L.
976757 Steed, according to the documents of record filed in Document
977758 Number 20160323000342400, in Document Number 20151124001478820,
978759 and in Document Number 20150924001214890, Official Public Records,
979760 Collin County, Texas;
980761 THENCE N 89° 29' 11" E, with the common north line said JASC
981762 Investments Inc. tract and the south line of said Frances L. Steed
982763 tract, a distance of 220.84 feet to a 1/2" iron rod found for the
983764 common southeast corner of said Frances L. Steed tract and the
984765 southwest corner of that tract of land conveyed in Deed to Jacki
985766 Cantrell, Co-Trustee of the Cantrell Family Trust; Kenny Cantrell,
986767 Co-Trustee of the Cantrell Family Trust; and Debbie Cantrell,
987768 Co-Trustee of the Cantrell Family Trust, according to the document
988769 of record filed in Document Number 20071205001624610, Official
989770 Public Records, Collin County, Texas;
990771 THENCE N 89° 45' 20" E, with the common north line said JASC
991772 Investments Inc. tract and the south line of said Cantrell Family
992773 Trust tract, distance of 220.24 feet to a 1/2" iron rod found for
993774 the common southeast corner of said Cantrell Family Trust tract and
994775 the southwest corner of that tract of land conveyed in Deed to
995776 Celina Parkway 28 Partners, LTD, according to the document of
996777 record filed in Document Number 20170616000786060, Official Public
997778 Records, Collin County, Texas;
998779 THENCE N 89° 28' 39" E, with the common north line said JASC
999780 Investments Inc. tract and the south line of said Celina Parkway 28
1000781 Partners, LTD, a distance of 161.26 feet to a 4" metal fence post
1001782 found for the common northeast of said JASC Investments Inc. tract
1002783 and the most southern southeast corner of said Celina Parkway 28
1003784 Partners, LTD and being in the west line of that tract of land
1004785 conveyed in Deed to Leslie C. Hall and Spouse, Barbara P. Hall,
1005786 according to the document of record filed in Document Number
1006787 19920408000221690, Official Public Records, Collin County, Texas,
1007788 from which a wooden fence post found for the common northwest corner
1008789 of said Leslie C. Hall and Spouse, Barbara P. Hall tract and an
1009790 interior ell corner of said Celina Parkway 28 Partners, LTD tract,
1010791 bears N 01 01' 07" W, 145.26';
1011792 THENCE S 01° 00' 02" E, with the common east line of said JASC
1012793 Investments Inc. tract and the west line of said Leslie C. Hall and
1013794 Spouse, Barbara P. Hall tract, a distance of 199.15 feet to an 8"
1014795 wooden fence post found for the common southwest corner of said
1015796 Leslie C. Hall and Spouse, Barbara P. Hall tract and the northwest
1016797 corner of that tract of land conveyed in Deed to Jerry David Oaks,
1017798 according to the document of record filed in Document Number
1018799 20110217000181560, Official Public Records, Collin County, Texas,
1019800 from which a 1/2" iron rod found bears S 84° 26' 38" W, 2.58';
1020801 THENCE S 00° 23' 10" E, with the common east line of said JASC
1021802 Investments Inc. tract and the west line of said Jerry David Oaks
1022803 tract, a distance of 552.10 feet to a 1/2" iron rod found for the
1023804 common southwest corner of said Jerry David Oaks tract and the
1024805 northwest corner of that tract of land conveyed in Deed to Laddie
1025806 Garner and wife, Joan Garner, according to the document of record
1026807 filed in Book 3969, Page 3021, Official Public Records, Collin
1027808 County, Texas, from which a metal fence post bears S 89° 54' 43" E,
1028809 6.51';
1029810 THENCE S 00° 30' 47" E, with the common east line of said JASC
1030811 Investments Inc. tract and the west line of said to Laddie Garner
1031812 and wife, Joan Garner tract, a distance of 573.65 feet to a 1/2"
1032813 iron rod with a yellow plastic cap stamped "DAA" set for the common
1033814 interior ell corner of said JASC Investments Inc. tract and the
1034815 southwest corner of said to Laddie Garner and wife, Joan Garner
1035816 tract, from which a 1/2" iron pipe found bears S 88° 47' 55" W,
1036817 2.61';
1037818 THENCE N 88° 47' 55" E, with the common north line said JASC
1038819 Investments Inc. tract and the south line of said Laddie Garner and
1039820 wife, Joan Garner tract a distance of 756.71 feet to a 1/2" iron rod
1040821 found;
1041822 THENCE S 89° 25' 38" E, continuing with the common line of said JASC
1042823 Investments Inc. tract and said Laddie Garner and wife, Joan Garner
1043824 tract, a distance of 447.04 feet to a 6" wooden fence post found;
1044825 THENCE S 51° 55' 44" E, a distance of 65.81 feet to a wooden fence
1045826 post found for the most easterly northeast corner of said JASC
1046827 Investments Inc. tract and being in the west line of Farm-to-Market
1047828 Road (FM) 455, a 90' right-of-way;
1048829 THENCE S 00° 17' 07" E, with the common east line of said JASC
1049830 Investments Inc. tract and west line of said Farm-to-Market Road
1050831 (FM) 455, a distance of 945.84 feet to a 1/2" iron rod with a yellow
1051832 plastic cap stamped "DAA" set for the southeast corner of said JASC
1052833 Investments Inc. tract, said being the intersection of the west
1053834 line of said FM 455 and the north line of County Road (CR) 9, from
1054835 which a 6" wooden fence post bears S 89° 16' 10" W, 2.65';
1055836 THENCE S 89° 16' 10" W, with the common south line of said JASC
1056837 Investments Inc. tract and the north line of said County Road (CR)
1057838 9, a distance of 2,532.41 feet to a wooden fence post found for the
1058839 southwest corner of said JASC Investments Inc. tract, said being in
1059840 the east line of the above mentioned Dynavest Joint Venture tract;
1060841 THENCE N 01° 29' 13" W, with the common west line of said JASC
1061842 Investments Inc. tract and the east line of said Dynavest Joint
1062843 Venture tract, a distance of 1,940.30 feet to a 1/2" iron rod with a
1063844 red plastic cap stamped "PEISER-MANKIN" found for the common
1064845 interior ell corner of said JASC Investments Inc. tract and the most
1065846 easterly northeast corner of said Dynavest Joint Venture tract;
1066847 THENCE S 88° 23' 39" W, with the common south line of said JASC
1067848 Investments Inc. tract and the north line of said Dynavest Joint
1068849 Venture tract, a distance of 1,140.47 feet to a 5/8" iron rod found
1069850 the common most westerly southwest corner of said JASC Investments
1070851 Inc. tract and an interior ell corner of said Dynavest Joint Venture
1071852 tract;
1072853 THENCE N 01° 16' 34" W, with the common west line of said JASC
1073854 Investments Inc. tract and the east line of said Dynavest Joint
1074855 Venture tract, a distance of 409.06 feet to the POINT OF BEGINNING,
1075856 and containing 108.175 acres of land, more or less.
1076857 Tract 9
1077858 BEING a tract of land situated in the Collin County School Land
1078859 Survey, Abstract No. 170, Collin County, Texas, Collin County,
1079860 Texas, and being all of a called 114.889 acre tract of land
1080861 described in a Special Warranty Deed with Vendor's Lien to
1081862 RCI-Celina 115 LP, as recorded in Instrument No. 20200306000332040
1082863 of the Official Public Records of Collin County, Texas, being all of
1083864 a called 11.202 acre tract of land described in a Special Warranty
1084865 Deed with Vendor's Lien to RCI-Celina 115 LP, as recorded in
1085866 Instrument No. 20200306000332150 of the Official Public Records of
1086867 Collin County, Texas, being all of a called 2.932 acre tract of land
1087868 described in a General Warranty Deed with Vendor's Lien to
1088869 RCI-Celina 115 LP, as recorded in Instrument No. 20200306000332120
1089870 of the Official Public Records of Collin County, Texas, being all of
1090871 a called 0.479 acre tract of land described in a General Warranty
1091872 Deed with Vendor's Lien to RCI-Celina 115 LP, as recorded in
1092873 Instrument No. 20200306000332180 of the Official Public Records of
1093874 Collin County, Texas, and also being all of a called 0.868 acre
1094875 tract of land described as Tract 1 and all of a called 0.438 acre
1095876 tract of land described as Tract 2 in a General Warranty Deed with
1096877 Vendor's Lien to RCI-Celina 115 LP, as recorded in Instrument
1097878 No. 20200306000332190 of the Official Public Records of Collin
1098879 County, Texas, and also being all of Lots 1 through 5, Block 1, Lots
1099880 1 and 2, Block 2, and Lot 1, Block 4 of Malone Addition, an
1100881 unrecorded plat, and being more particularly described as follows:
1101882 BEGINNING at the southeast corner of said 114.889 acre tract on the
1102883 northerly right-of-way line of Malone Street, a variable width
1103884 right-of-way, no record found;
1104885 THENCE South 88°50'41" West, along the southerly line of said
1105886 114.889 acre tract and the northerly right-of-way line of said
1106887 Malone Street, a distance of 1212.59 feet to the southerly
1107888 southwest corner of said 114.889 acre tract;
1108889 THENCE departing the northerly right-of-way line of said Malone
1109890 Street and continuing along the southerly line of said 114.889 acre
1110891 tract, the following:
1111892 North 2°00'20" West, a distance of 155.16 feet to an ell
1112893 corner of said 114.889 acre tract;
1113894 North 89°57'33" West, a distance of 457.72 feet to the
1114895 northeast corner of said 0.479 acre tract;
1115896 THENCE South 1°11'25" West, departing the southerly line of said
1116897 114.889 acre tract and along the easterly line of said 0.479 acre
1117898 tract, a distance of 208.88 feet to the southeast corner of said
1118899 0.479 acre tract, being on the northerly right-of-way line of said
1119900 Malone Street;
1120901 THENCE North 89°56'31" West, along the southerly line of said 0.479
1121902 acre tract and the northerly right-of-way line of said Malone
1122903 Street, a distance of 100.00 feet to the southwest corner of said
1123904 0.479 acre tract;
1124905 THENCE North 1°11'25" East, departing the northerly right-of-way
1125906 line of said Malone Street and along the westerly line of said 0.479
1126907 acre tract, a distance of 208.85 feet to the northwest corner of
1127908 said 0.479 acre tract, being on the southerly line of said 114.889
1128909 acre tract;
1129910 THENCE North 89°57'33" West, along the southerly line of said
1130911 114.889 acre tract, a distance of 234.93 feet to the northeast
1131912 corner of said Tract 1;
1132913 THENCE South 1°15'19" West, departing the southerly line of said
1133914 114.889 acre tract and along the easterly line of said Tract 1, a
1134915 distance of 187.69 feet to the southeast corner of said Tract 1,
1135916 being on the northerly right-of-way line of said Malone Street;
1136917 THENCE North 89°29'53" West, along the southerly line of said Tract
1137918 1 and the northerly right-of-way line of said Malone Street, a
1138919 distance of 200.00 feet to the southwest corner of said Tract 1,
1139920 being on the easterly right-of-way line of a 20 foot wide alley;
1140921 THENCE North 1°15'01" East, departing the northerly right-of-way
1141922 line of said Malone Street, along the westerly line of said Tract 1
1142923 and the easterly right-of-way line of said 20 foot wide alley, a
1143924 distance of 190.37 feet to the northwest corner of said Tract 1,
1144925 common to the east end of the northerly terminus of said 20 foot
1145926 wide alley, being on southerly line of aforesaid 2.932 acre tract;
1146927 THENCE North 88°42'26" West, along the northerly terminus of said 20
1147928 foot wide alley and the southerly line of said 2.932 acre tract, a
1148929 distance of 20.00 feet to the west end of said terminus, common to
1149930 the northeast corner of aforesaid Tract 2;
1150931 THENCE South 1°15'01" West, departing the southerly line of said
1151932 2.932 acre tract, along the easterly line of said Tract 2 and the
1152933 westerly right-of-way line of said 20 foot wide alley, a distance of
1153934 190.64 feet to the southeast corner of said Tract 2, being on the
1154935 northerly right-of-way line of said Malone Street;
1155936 THENCE North 89°29'53" West, departing the westerly right-of-way
1156937 line of said 20 foot wide alley, along the southerly line of said
1157938 Tract 2 and the northerly right-of-way line of said Malone Street, a
1158939 distance of 99.86 feet to the southwest corner of said Tract 2,
1159940 being on the easterly line of said 2.932 acre tract;
1160941 THENCE South 1°16'58" West, continuing along the northerly
1161942 right-of-way line of said Malone Street and along the easterly line
1162943 of said 2.932 acre tract, a distance of 17.01 feet to the southerly
1163944 southeast corner of said 2.932 acre tract;
1164945 THENCE North 88°45'14" West, continuing along the northerly
1165946 right-of-way line of said Malone Street and along the southerly
1166947 line of said 2.932 acre tract, a distance of 230.05 feet to the
1167948 southwest corner of said 2.932 acre tract, being on the easterly
1168949 right-of-way line of the St. Louis and San Francisco Railroad, a
1169950 100 foot wide right-of-way;
1170951 THENCE North 12°26'44" East, departing the northerly right-of-way
1171952 line of said Malone Street, along the westerly line of said 2.932
1172953 acre tract and the easterly right-of-way line of said St. Louis and
1173954 San Francisco Railroad, a distance of 387.82 feet to the northwest
1174955 corner of said 2.932 acre tract, common to the northerly southwest
1175956 corner of said 114.889 acre tract;
1176957 THENCE North 12°26'19" East, along the westerly line of aforesaid
1177958 114.889 acre tract and continuing along the easterly right-of-way
1178959 line of said St. Louis and San Francisco Railroad, a distance of
1179960 2792.89 feet to the northwest corner of said 114.889 acre tract;
1180961 THENCE North 88°55'09" East, departing the easterly right-of-way
1181962 line of said St. Louis and San Francisco Railroad and along the
1182963 northerly line of said 114.889 acre tract, a distance of 1315.73
1183964 feet to the northeast corner of said 114.889 acre tract;
1184965 THENCE along the easterly line of said 114.889 acre tract, the
1185966 following:
1186967 South 0°14'01" East, a distance of 915.38 feet to a point for
1187968 corner;
1188969 North 89°52'46" East, a distance of 70.06 feet to a point for
1189970 corner;
1190971 South 0°21'08" East, a distance of 416.20 feet to a point for
1191972 corner;
1192973 South 89°36'42" West, a distance of 133.06 feet to a point for
1193974 corner;
1194975 South 0°18'12" East, a distance of 245.29 feet to the
1195976 northwest corner of aforesaid 11.202 acre tract;
1196977 THENCE North 89°21'01" East, departing the easterly line of said
1197978 114.889 acre tract and along the northerly line of said 11.202 acre
1198979 tract, a distance of 321.10 feet to the northeast corner of said
1199980 11.202 acre tract;
1200981 THENCE along the easterly line of said 11.202 acre tract and the
1201982 easterly line of said 114.889 acre tract, the following:
1202983 South 1°16'12" East, a distance of 530.89 feet to a point for
1203984 corner;
1204985 North 88°43'48" East, a distance of 269.14 feet to a point for
1205986 corner;
1206987 South 2°04'32" East, a distance of 564.22 feet to a point for
1207988 corner;
1208989 South 0°24'08" West, a distance of 402.60 feet to the POINT OF
1209990 BEGINNING and containing 130.809 acres (5,698,027 square feet) of
1210991 land, more or less.
1211- (c) If this Act does not receive a two-thirds vote of all the
1212- members elected to each house, Subchapter C, Chapter 7909A, Special
1213- District Local Laws Code, as added by Section 2(a) of this Act, is
1214- amended by adding Section 7909A.0307 to read as follows:
992+ SECTION 3. (a) The legal notice of the intention to
993+ introduce this Act, setting forth the general substance of this
994+ Act, has been published as provided by law, and the notice and a
995+ copy of this Act have been furnished to all persons, agencies,
996+ officials, or entities to which they are required to be furnished
997+ under Section 59, Article XVI, Texas Constitution, and Chapter 313,
998+ Government Code.
999+ (b) The governor, one of the required recipients, has
1000+ submitted the notice and Act to the Texas Commission on
1001+ Environmental Quality.
1002+ (c) The Texas Commission on Environmental Quality has filed
1003+ its recommendations relating to this Act with the governor, the
1004+ lieutenant governor, and the speaker of the house of
1005+ representatives within the required time.
1006+ (d) All requirements of the constitution and laws of this
1007+ state and the rules and procedures of the legislature with respect
1008+ to the notice, introduction, and passage of this Act are fulfilled
1009+ and accomplished.
1010+ SECTION 4. (a) If this Act does not receive a two-thirds
1011+ vote of all the members elected to each house, Subchapter C, Chapter
1012+ 7909A, Special District Local Laws Code, as added by Section 1 of
1013+ this Act, is amended by adding Section 7909A.0307 to read as
1014+ follows:
12151015 Sec. 7909A.0307. NO EMINENT DOMAIN POWER. The district may
12161016 not exercise the power of eminent domain.
1217- (d) Section 2(c) is not intended to be an expression of a
1017+ (b) This section is not intended to be an expression of a
12181018 legislative interpretation of the requirements of Section 17(c),
12191019 Article I, Texas Constitution.
1220- (e) This section takes effect September 1, 2021.
1221- SECTION 3. (a) Subtitle F, Title 6, Special District Local
1222- Laws Code, is amended by adding Chapter 7913A to read as follows:
1223- CHAPTER 7913A. AUSTIN COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
1224- SUBCHAPTER A. GENERAL PROVISIONS
1225- Sec. 7913A.0101. DEFINITIONS. In this chapter:
1226- (1) "Board" means the district's board of directors.
1227- (2) "Commission" means the Texas Commission on
1228- Environmental Quality.
1229- (3) "Director" means a board member.
1230- (4) "District" means the Austin County Municipal
1231- Utility District No. 1.
1232- Sec. 7913A.0102. NATURE OF DISTRICT. The district is a
1233- municipal utility district created under Section 59, Article XVI,
1234- Texas Constitution.
1235- Sec. 7913A.0103. CONFIRMATION AND DIRECTOR ELECTION
1236- REQUIRED. The temporary directors shall hold an election to
1237- confirm the creation of the district and to elect five permanent
1238- directors as provided by Section 49.102, Water Code.
1239- Sec. 7913A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
1240- temporary directors may not hold an election under Section
1241- 7913A.0103 until each municipality in whose corporate limits or
1242- extraterritorial jurisdiction the district is located has
1243- consented by ordinance or resolution to the creation of the
1244- district and to the inclusion of land in the district.
1245- Sec. 7913A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
1246- (a) The district is created to serve a public purpose and benefit.
1247- (b) The district is created to accomplish the purposes of:
1248- (1) a municipal utility district as provided by
1249- general law and Section 59, Article XVI, Texas Constitution; and
1250- (2) Section 52, Article III, Texas Constitution, that
1251- relate to the construction, acquisition, improvement, operation,
1252- or maintenance of macadamized, graveled, or paved roads, or
1253- improvements, including storm drainage, in aid of those roads.
1254- Sec. 7913A.0106. INITIAL DISTRICT TERRITORY. (a) The
1255- district is initially composed of the territory described by
1256- Section 3(b) of the Act enacting this chapter.
1257- (b) The boundaries and field notes contained in Section 3(b)
1258- of the Act enacting this chapter form a closure. A mistake made in
1259- the field notes or in copying the field notes in the legislative
1260- process does not affect the district's:
1261- (1) organization, existence, or validity;
1262- (2) right to issue any type of bond for the purposes
1263- for which the district is created or to pay the principal of and
1264- interest on a bond;
1265- (3) right to impose a tax; or
1266- (4) legality or operation.
1267- SUBCHAPTER B. BOARD OF DIRECTORS
1268- Sec. 7913A.0201. GOVERNING BODY; TERMS. (a) The district
1269- is governed by a board of five elected directors.
1270- (b) Except as provided by Section 7913A.0202, directors
1271- serve staggered four-year terms.
1272- Sec. 7913A.0202. TEMPORARY DIRECTORS. (a) The temporary
1273- board consists of:
1274- (1) Aaron Horvitz;
1275- (2) Onyinyechi Muilenburg;
1276- (3) Christine Harris;
1277- (4) Regan John O'Connor; and
1278- (5) Carol J Wooldridge.
1279- (b) Temporary directors serve until the earlier of:
1280- (1) the date permanent directors are elected under
1281- Section 7913A.0103; or
1282- (2) the fourth anniversary of the effective date of
1283- the Act enacting this chapter.
1284- (c) If permanent directors have not been elected under
1285- Section 7913A.0103 and the terms of the temporary directors have
1286- expired, successor temporary directors shall be appointed or
1287- reappointed as provided by Subsection (d) to serve terms that
1288- expire on the earlier of:
1289- (1) the date permanent directors are elected under
1290- Section 7913A.0103; or
1291- (2) the fourth anniversary of the date of the
1292- appointment or reappointment.
1293- (d) If Subsection (c) applies, the owner or owners of a
1294- majority of the assessed value of the real property in the district
1295- may submit a petition to the commission requesting that the
1296- commission appoint as successor temporary directors the five
1297- persons named in the petition. The commission shall appoint as
1298- successor temporary directors the five persons named in the
1299- petition.
1300- SUBCHAPTER C. POWERS AND DUTIES
1301- Sec. 7913A.0301. GENERAL POWERS AND DUTIES. The district
1302- has the powers and duties necessary to accomplish the purposes for
1303- which the district is created.
1304- Sec. 7913A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
1305- DUTIES. The district has the powers and duties provided by the
1306- general law of this state, including Chapters 49 and 54, Water Code,
1307- applicable to municipal utility districts created under Section 59,
1308- Article XVI, Texas Constitution.
1309- Sec. 7913A.0303. AUTHORITY FOR ROAD PROJECTS. Under
1310- Section 52, Article III, Texas Constitution, the district may
1311- design, acquire, construct, finance, issue bonds for, improve,
1312- operate, maintain, and convey to this state, a county, or a
1313- municipality for operation and maintenance macadamized, graveled,
1314- or paved roads, or improvements, including storm drainage, in aid
1315- of those roads.
1316- Sec. 7913A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
1317- road project must meet all applicable construction standards,
1318- zoning and subdivision requirements, and regulations of each
1319- municipality in whose corporate limits or extraterritorial
1320- jurisdiction the road project is located.
1321- (b) If a road project is not located in the corporate limits
1322- or extraterritorial jurisdiction of a municipality, the road
1323- project must meet all applicable construction standards,
1324- subdivision requirements, and regulations of each county in which
1325- the road project is located.
1326- (c) If the state will maintain and operate the road, the
1327- Texas Transportation Commission must approve the plans and
1328- specifications of the road project.
1329- Sec. 7913A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
1330- ORDINANCE OR RESOLUTION. The district shall comply with all
1331- applicable requirements of any ordinance or resolution that is
1332- adopted under Section 54.016 or 54.0165, Water Code, and that
1333- consents to the creation of the district or to the inclusion of land
1334- in the district.
1335- SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1336- Sec. 7913A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
1337- The district may issue, without an election, bonds and other
1338- obligations secured by:
1339- (1) revenue other than ad valorem taxes; or
1340- (2) contract payments described by Section
1341- 7913A.0403.
1342- (b) The district must hold an election in the manner
1343- provided by Chapters 49 and 54, Water Code, to obtain voter approval
1344- before the district may impose an ad valorem tax or issue bonds
1345- payable from ad valorem taxes.
1346- (c) The district may not issue bonds payable from ad valorem
1347- taxes to finance a road project unless the issuance is approved by a
1348- vote of a two-thirds majority of the district voters voting at an
1349- election held for that purpose.
1350- Sec. 7913A.0402. OPERATION AND MAINTENANCE TAX. (a) If
1351- authorized at an election held under Section 7913A.0401, the
1352- district may impose an operation and maintenance tax on taxable
1353- property in the district in accordance with Section 49.107, Water
1354- Code.
1355- (b) The board shall determine the tax rate. The rate may not
1356- exceed the rate approved at the election.
1357- Sec. 7913A.0403. CONTRACT TAXES. (a) In accordance with
1358- Section 49.108, Water Code, the district may impose a tax other than
1359- an operation and maintenance tax and use the revenue derived from
1360- the tax to make payments under a contract after the provisions of
1361- the contract have been approved by a majority of the district voters
1362- voting at an election held for that purpose.
1363- (b) A contract approved by the district voters may contain a
1364- provision stating that the contract may be modified or amended by
1365- the board without further voter approval.
1366- SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
1367- Sec. 7913A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
1368- OBLIGATIONS. The district may issue bonds or other obligations
1369- payable wholly or partly from ad valorem taxes, impact fees,
1370- revenue, contract payments, grants, or other district money, or any
1371- combination of those sources, to pay for any authorized district
1372- purpose.
1373- Sec. 7913A.0502. TAXES FOR BONDS. At the time the district
1374- issues bonds payable wholly or partly from ad valorem taxes, the
1375- board shall provide for the annual imposition of a continuing
1376- direct ad valorem tax, without limit as to rate or amount, while all
1377- or part of the bonds are outstanding as required and in the manner
1378- provided by Sections 54.601 and 54.602, Water Code.
1379- Sec. 7913A.0503. BONDS FOR ROAD PROJECTS. At the time of
1380- issuance, the total principal amount of bonds or other obligations
1381- issued or incurred to finance road projects and payable from ad
1382- valorem taxes may not exceed one-fourth of the assessed value of the
1383- real property in the district.
1384- (b) The Austin County Municipal Utility District No. 1
1385- initially includes all the territory contained in the following
1386- area:
1387- A 38.118 acre, or 1,660,419 square feet more or less, tract of land,
1388- being a portion of that residue of called 38.143 acre tract of land
1389- conveyed to David Cryan as described in a deed recorded in Clerk's
1390- File No. 153921 of the Official Records of Austin County, Texas,
1391- situated in the San Felipe de Austin Survey, Abstract 5, in the City
1392- of Sealy, Austin County, Texas. Said 38.118 acre tract being more
1393- fully described as follows, with bearings based on the Texas
1394- Coordinate System of 1983, South Central Zone from the North
1395- American Datum of 1983 (NA2011) epoch 2010.00:
1396- BEGINNING: At an iron rod with aluminum cap found in the
1397- centerline of Harrison Road (30 feet wide) as recorded under Volume
1398- Y, Page 318 of the Deed Records of Austin County, Texas and the
1399- northeast corner of said 38.143 acre tract and for the northeast
1400- corner of the herein described tract and being on the west
1401- right-of-way line of Schmidt Road (60 feet wide) a called 3.946
1402- acres of land as conveyed to the City of Sealy as recorded under
1403- Clerk's File No. 025841 of the official Records of Austin County,
1404- Texas;
1405- THENCE: S 42°42'31" W, along and with the said west right-of-way
1406- line, a distance of 2,864.13 feet to a point to a 1/2 inch iron pipe
1407- with cap stamped "Brown & Gay" found for the southeast corner of the
1408- herein described tract and being on the northeast line of a called
1409- 237.88 acre tract as described in a deed to Wal-Mart Stores East, LP
1410- recorded under Clerk's File No. 031749 of the Official Records of
1411- Austin County, Texas;
1412- THENCE: N 47°18'41" W, along and with said northeast line, a
1413- distance of 578.43 feet to an iron rod with a yellow cap stamped
1414- "Pate-Dawson" to be set for the southwest corner of the herein
1415- described tract and the southeast corner of a called 70.00 acres of
1416- land conveyed to David Cryan as recorded in Clerk's File No. 126232
1417- of the Official Records of Austin County, Texas;
1418- THENCE: N 42°39'39" E, along with said north line, a distance of a
1419- distance of 2,865.17 feet to a 1/2 inch iron rod found in the said
1420- centerline of Harrison Road and for the northwest corner of the
1421- herein described tract and the northeast corner of said 70.00
1422- acres;
1423- THENCE: S 47°12'30" E, along said centerline of Harrison Road, a
1424- distance of 580.82 feet to the POINT OF BEGINNING, and containing
1425- 38.118 acres in the City of Houston, Harris County, Texas.
1426- A 118.535 acre, or 5,163,385 square feet more or less, tract of
1427- land, being a portion of that residue of called 140.000 acre tract
1428- of land conveyed to Ranch County of Texas, Inc. as described in a
1429- deed recorded in Clerk's File No. 081189 of the Official Records of
1430- Austin County, Texas, and a portion of Tract 1, a residue of a
1431- called 55.3 acres of land conveyed to David Cryan as described in a
1432- deed recorded in Clerk's File No. 164420 of the Official Records of
1433- Austin County, Texas, and all of Tract 2, a called 28.172 acres of
1434- land conveyed to David Cryan as described in a deed recorded in
1435- Clerk's File No. 153921 of the Official Records of Austin County,
1436- Texas, and all of Tract 5, a called 6.1259 acres of land conveyed to
1437- David Cryan as described in a deed recorded in Clerk's File
1438- No. 164420 of the Official Records of Austin County, Texas, and all
1439- of Tract 4, a called 6.1259 acres of land conveyed to David Cryan as
1440- described in a deed recorded in Clerk's File No. 164420 of the
1441- Official Records of Austin County, Texas, and all of Tract 3, a
1442- called 6.1259 acres of land conveyed to David Cryan as described in
1443- a deed recorded in Clerk's File No. 164420 of the Official Records
1444- of Austin County, Texas, and all of Tract 2, a called 6.1259 acres
1445- of land conveyed to David Cryan as described in a deed recorded in
1446- Clerk's File No. 164420 of the Official Records of Austin County,
1447- Texas, and all of Parcel 1, a called 5.452 acres of land conveyed to
1448- David Cryan as described in a deed recorded in Clerk's File
1449- No. 191010 of the Official Records of Austin County, Texas, and all
1450- of Parcel 2, a called 5.350 acres of land conveyed to David Cryan as
1451- described in a deed recorded in Clerk's File No. 191010 of the
1452- Official Records of Austin County, Texas, situated in the San
1453- Felipe de Austin Survey, Abstract 5, in the City of Sealy, Austin
1454- County, Texas. Said 118.535 acre tract being more fully described
1455- as follows, with bearings based on the Texas Coordinate System of
1456- 1983, South Central Zone from the North American Datum of 1983
1457- (NA2011) epoch 2010.00:
1458- BEGINNING: At an iron rod with aluminum cap found on the west
1459- right-of-way line of F.M. Highway No. 3013 (width varies) and the
1460- northeast corner of a called 38.69 acre tract of land conveyed to
1461- Jinsung T.E.C. Texas, L.L.C. Texas, L.L.C. as described in a deed
1462- recorded in Clerk's File No. 126413 of the Official Records of
1463- Austin County, Texas, and for the most northerly southeast corner
1464- of the herein described tract;
1465- THENCE: N 47°17'47" W, a distance of 950.10 feet to a 5/8 inch iron
1466- rod found for an interior corner of the herein described tract and
1467- being the northwest corner of said 38.69 acres and on the east line
1468- of said Tract 1, a residue of a called 55.3 acres;
1469- THENCE: S 42°39'37" W, along the common line of said Tract 1, a
1470- residue of a called 55.3 acres and said 38.69 acres, a distance of
1471- 1,774.20 feet to an iron rod with aluminum cap found for the
1472- southeast corner of said Tract 1, a residue of a called 55.3 acres
1473- and the southwest corner of said 38.69 acres and for the most
1474- southerly southeast corner of the herein described tract and on the
1475- northerly line of a called 6.362 acres of land conveyed to the City
1476- of Sealy, Texas as recorded in Clerk's File No. 031750 of the
1477- Official Records of Austin County, Texas;
1478- THENCE: N 47°18'41" W, along with said north line, a distance of
1479- 1,607.38 feet to an iron rod with aluminum cap found on the east
1480- right-of-way line to Schmidt Road (60 feet wide) a called 3.946
1481- acres of land as conveyed to the City of Sealy as recorded under
1482- Clerk's File No. 025841 of the official Records of Austin County,
1483- Texas, and the southwest corner said Tract 2 of called 28.172 acres
1484- and the southwest corner of the herein described tract;
1485- THENCE: N 42°42'31" E, along the said east right-of-way line and
1486- along said Tract 2 of called 28.172 acres, a distance of 2,864.02
1487- feet to an iron rod with aluminum cap found in the centerline of
1488- Harrison Road (30 feet wide) as recorded under Volume Y, Page 318 of
1489- Deed Records of Austin County, Texas and the northwest corner of
1490- said Tract 2 of called 28.172 acres and the northwest corner of the
1491- herein described tract;
1492- THENCE: S 47°12'30" E, along and with said centerline of Harrison
1493- Road, a distance of 1,921.18 feet to a Mag Nail found for the most
1494- northerly northeast corner of the herein described tract and for
1495- the northeast corner of said Parcel 2 and the northwest corner of
1496- said Residue of called 140.000 acres;
1497- THENCE: S 42°38'14" W, along and with the east line of said Parcel
1498- 2, a distance of 736.53 feet to an iron rod with aluminum cap found
1499- for an interior corner of the herein described tract and for the
1500- southeast corner of said Parcel 2;
1501- THENCE: S 47°18'33" E, departing said east line and along and with
1502- the north line of said Parcel 1, a distance of 633.63 feet to an iron
1503- rod with aluminum cap found on the west right-of-way line of said
1504- F.M. No. 3013 and the most southerly northeast corner of the herein
1505- described tract;
1506- THENCE: S 42°39'57" W, a distance of 350.05 feet to the POINT OF
1507- BEGINNING, and containing 118.535 acres in the City of Houston,
1508- Harris County, Texas.
1509- (c) If this Act does not receive a two-thirds vote of all the
1510- members elected to each house, Subchapter C, Chapter 7913A, Special
1511- District Local Laws Code, as added by Section 3(a) of this Act, is
1512- amended by adding Section 7913A.0306 to read as follows:
1513- Sec. 7913A.0306. NO EMINENT DOMAIN POWER. The district may
1514- not exercise the power of eminent domain.
1515- (d) Section 3(c) is not intended to be an expression of a
1516- legislative interpretation of the requirements of Section 17(c),
1517- Article I, Texas Constitution.
1518- SECTION 4. (a) Subtitle F, Title 6, Special District Local
1519- Laws Code, is amended by adding Chapter 7919A to read as follows:
1520- CHAPTER 7919A. HIGH POINTE RANCH MUNICIPAL UTILITY DISTRICT NO. 1
1521- OF DENTON COUNTY
1522- SUBCHAPTER A. GENERAL PROVISIONS
1523- Sec. 7919A.0101. DEFINITIONS. In this chapter:
1524- (1) "Board" means the district's board of directors.
1525- (2) "Commission" means the Texas Commission on
1526- Environmental Quality.
1527- (3) "City" means the City of Aubrey, Texas.
1528- (4) "Director" means a board member.
1529- (5) "District" means the High Pointe Ranch Municipal
1530- Utility District No. 1 of Denton County.
1531- Sec. 7919A.0102. NATURE OF DISTRICT. The district is a
1532- municipal utility district created under Section 59, Article XVI,
1533- Texas Constitution.
1534- Sec. 7919A.0103. CONFIRMATION AND DIRECTOR ELECTION
1535- REQUIRED. The temporary directors shall hold an election to
1536- confirm the creation of the district as provided by Section 49.102,
1537- Water Code.
1538- Sec. 7919A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
1539- temporary directors may not hold an election under Section
1540- 7919A.0103 until each municipality in whose corporate limits or
1541- extraterritorial jurisdiction the district is located has
1542- consented by ordinance or resolution to the creation of the
1543- district and to the inclusion of land in the district.
1544- Sec. 7919A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
1545- (a) The district is created to serve a public purpose and benefit.
1546- (b) The district is created to accomplish the purposes of:
1547- (1) a municipal utility district as provided by
1548- general law and Section 59, Article XVI, Texas Constitution; and
1549- (2) Section 52, Article III, Texas Constitution, that
1550- relate to the construction, acquisition, improvement, operation,
1551- or maintenance of macadamized, graveled, or paved roads, or
1552- improvements, including storm drainage, in aid of those roads.
1553- Sec. 7919A.0106. INITIAL DISTRICT TERRITORY. (a) The
1554- district is initially composed of the territory described by
1555- Section 4(b) of the Act enacting this chapter.
1556- (b) The boundaries and field notes contained in Section 4(b)
1557- of the Act enacting this chapter form a closure. A mistake made in
1558- the field notes or in copying the field notes in the legislative
1559- process does not affect the district's:
1560- (1) organization, existence, or validity;
1561- (2) right to issue any type of bond for the purposes
1562- for which the district is created or to pay the principal of and
1563- interest on a bond;
1564- (3) right to impose a tax; or
1565- (4) legality or operation.
1566- SUBCHAPTER B. BOARD OF DIRECTORS
1567- Sec. 7919A.0201. GOVERNING BODY; TERMS. (a) The district
1568- is governed by a board of five directors who serve staggered terms
1569- of four years, with two or three directors' terms expiring June 1 of
1570- each even-numbered year.
1571- (b) The governing body of the city, by a majority vote,
1572- shall appoint one member of the board.
1573- (c) The commission shall appoint four members of the board
1574- in the manner provided by Section 7919A.0202.
1575- Sec. 7919A.0202. APPOINTMENT BY COMMISSION. (a) Before
1576- the term of a director appointed by the commission expires, the
1577- board shall recommend to the commission a person to serve as a
1578- successor director. The commission shall appoint as director the
1579- person recommended by the board.
1580- (b) A person recommended by the board under Subsection (a)
1581- must be:
1582- (1) at least 18 years of age;
1583- (2) an owner of property in the district;
1584- (3) an owner of stock, whether beneficial or
1585- otherwise, of a corporate owner of property in the district;
1586- (4) an owner of a beneficial interest in a trust that
1587- owns property in the district; or
1588- (5) an agent, employee, or tenant of a person
1589- described by Subdivision (2), (3), or (4).
1590- Sec. 7919A.0203. VACANCY. (a) Except as provided by
1591- Subsection (b), if a vacancy occurs on the board, the remaining
1592- directors shall appoint a director for the remainder of the
1593- unexpired term.
1594- (b) If a vacancy occurs in the position of the board member
1595- appointed by the city, the city shall appoint a director for the
1596- remainder of the unexpired term.
1597- Sec. 7919A.0204. INITIAL DIRECTORS. (a) The initial
1598- directors that will be replaced by appointment by the commission
1599- are as follows:
1600- (1) Clark Overlander;
1601- (2) Justin Morse;
1602- (3) Zach Stateson; and
1603- (4) Michelle Dobson.
1604- (b) The initial director that will be replaced by
1605- appointment by the governing body of the city is Mark Kaiser.
1606- (c) The initial directors shall determine by lot which two
1607- positions expire after two years, and which three positions expire
1608- after four years.
1609- (d) This section expires March 31, 2026.
1610- SUBCHAPTER C. POWERS AND DUTIES
1611- Sec. 7919A.0301. GENERAL POWERS AND DUTIES. The district
1612- has the powers and duties necessary to accomplish the purposes for
1613- which the district is created.
1614- Sec. 7919A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
1615- DUTIES. The district has the powers and duties provided by the
1616- general law of this state, including Chapters 49 and 54, Water Code,
1617- applicable to municipal utility districts created under Section 59,
1618- Article XVI, Texas Constitution.
1619- Sec. 7919A.0303. AUTHORITY FOR ROAD PROJECTS. Under
1620- Section 52, Article III, Texas Constitution, the district may
1621- design, acquire, construct, finance, issue bonds for, improve,
1622- operate, maintain, and convey to this state, a county, or a
1623- municipality for operation and maintenance macadamized, graveled,
1624- or paved roads, or improvements, including storm drainage, in aid
1625- of those roads.
1626- Sec. 7919A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
1627- road project must meet all applicable construction standards,
1628- zoning and subdivision requirements, and regulations of each
1629- municipality in whose corporate limits or extraterritorial
1630- jurisdiction the road project is located.
1631- (b) If a road project is not located in the corporate limits
1632- or extraterritorial jurisdiction of a municipality, the road
1633- project must meet all applicable construction standards,
1634- subdivision requirements, and regulations of each county in which
1635- the road project is located.
1636- (c) If the state will maintain and operate the road, the
1637- Texas Transportation Commission must approve the plans and
1638- specifications of the road project.
1639- Sec. 7919A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
1640- ORDINANCE OR RESOLUTION. The district shall comply with all
1641- applicable requirements of any ordinance or resolution that is
1642- adopted under Section 54.016 or 54.0165, Water Code, and that
1643- consents to the creation of the district or to the inclusion of land
1644- in the district.
1645- Sec. 7919A.0306. DIVISION OF DISTRICT. (a) The district
1646- may be divided into two or more new districts only if the district:
1647- (1) has no outstanding bonded debt; and
1648- (2) is not imposing ad valorem taxes.
1649- (b) This chapter applies to any new district created by
1650- division of the district, and a new district has all the powers and
1651- duties of the district.
1652- (c) A new district created by the division of the district
1653- may not, at the time the new district is created, contain any land
1654- outside the area described by Section 4(b) of the Act enacting this
1655- chapter.
1656- (d) The board, on its own motion or on receipt of a petition
1657- signed by the owner or owners of a majority of the assessed value of
1658- the real property in the district, may adopt an order dividing the
1659- district.
1660- (e) The board may adopt an order dividing the district
1661- before or after the date the board holds an election under Section
1662- 7919A.0103 to confirm the district's creation.
1663- (f) An order dividing the district shall:
1664- (1) name each new district;
1665- (2) include the metes and bounds description of the
1666- territory of each new district;
1667- (3) appoint temporary directors for each new district;
1668- and
1669- (4) provide for the division of assets and liabilities
1670- between the new districts.
1671- (g) On or before the 30th day after the date of adoption of
1672- an order dividing the district, the district shall file the order
1673- with the commission and record the order in the real property
1674- records of each county in which the district is located.
1675- (h) A new district created by the division of the district
1676- shall hold a confirmation and directors' election as required by
1677- Section 7919A.0103. If the voters of a new district do not confirm
1678- the creation of the new district, the assets, obligations,
1679- territory, and governance of the new district revert to the
1680- original district.
1681- (i) If the creation of the new district is confirmed, the
1682- new district shall provide the election date and results to the
1683- commission.
1684- (j) A new district created by the division of the district
1685- must hold an election as required by this chapter to obtain voter
1686- approval before the district may impose a maintenance tax or issue
1687- bonds payable wholly or partly from ad valorem taxes.
1688- (k) Municipal consent to the creation of the district and to
1689- the inclusion of land in the district granted under Section
1690- 7919A.0104 acts as municipal consent to the creation of any new
1691- district created by the division of the district and to the
1692- inclusion of land in the new district.
1693- SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1694- Sec. 7919A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
1695- The district may issue, without an election, bonds and other
1696- obligations secured by:
1697- (1) revenue other than ad valorem taxes; or
1698- (2) contract payments described by Section
1699- 7919A.0403.
1700- (b) The district must hold an election in the manner
1701- provided by Chapters 49 and 54, Water Code, to obtain voter approval
1702- before the district may impose an ad valorem tax or issue bonds
1703- payable from ad valorem taxes.
1704- (c) The district may not issue bonds payable from ad valorem
1705- taxes to finance a road project unless the issuance is approved by a
1706- vote of a two-thirds majority of the district voters voting at an
1707- election held for that purpose.
1708- Sec. 7919A.0402. OPERATION AND MAINTENANCE TAX. (a) If
1709- authorized at an election held under Section 7919A.0401, the
1710- district may impose an operation and maintenance tax on taxable
1711- property in the district in accordance with Section 49.107, Water
1712- Code.
1713- (b) The board shall determine the tax rate. The rate may not
1714- exceed the rate approved at the election.
1715- Sec. 7919A.0403. CONTRACT TAXES. (a) In accordance with
1716- Section 49.108, Water Code, the district may impose a tax other than
1717- an operation and maintenance tax and use the revenue derived from
1718- the tax to make payments under a contract after the provisions of
1719- the contract have been approved by a majority of the district voters
1720- voting at an election held for that purpose.
1721- (b) A contract approved by the district voters may contain a
1722- provision stating that the contract may be modified or amended by
1723- the board without further voter approval.
1724- SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
1725- Sec. 7919A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
1726- OBLIGATIONS. The district may issue bonds or other obligations
1727- payable wholly or partly from ad valorem taxes, impact fees,
1728- revenue, contract payments, grants, or other district money, or any
1729- combination of those sources, to pay for any authorized district
1730- purpose.
1731- Sec. 7919A.0502. TAXES FOR BONDS. At the time the district
1732- issues bonds payable wholly or partly from ad valorem taxes, the
1733- board shall provide for the annual imposition of a continuing
1734- direct ad valorem tax, without limit as to rate or amount, while all
1735- or part of the bonds are outstanding as required and in the manner
1736- provided by Sections 54.601 and 54.602, Water Code.
1737- Sec. 7919A.0503. BONDS FOR ROAD PROJECTS. At the time of
1738- issuance, the total principal amount of bonds or other obligations
1739- issued or incurred to finance road projects and payable from ad
1740- valorem taxes may not exceed one-fourth of the assessed value of the
1741- real property in the district.
1742- (b) The High Pointe Ranch Municipal Utility District No. 1
1743- of Denton County initially includes all the territory contained in
1744- the following area:
1745- HIGH POINTE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 - TRACT 1
1746- OF a 357.445 acres tract of land out of the Francisco Trevino
1747- Survey, Abstract No. 1243, Denton County, Texas; being all of a
1748- certain 229.479 acres tract (Tract 1), a 32.8 acres tract (Tract 2)
1749- and a 29.885 acres tract (Tract 3), all described in Volume 4257,
1750- Page 1101, Document No. 99-0004597 of the Deed Records of Denton
1751- County, Texas; also being all of a certain 6.874 acres tract
1752- described in Volume 4574, Page 1528, Document No. 00-000036697 and
1753- all of a certain 57.6071 acres tract described in Volume 4483, Page
1754- 133, Document No. 99-000123273, both in the Deed Records of Denton
1755- County, Texas; and being further described by metes and bounds as
1756- follows:
1757- BEGINNING at a set "PK" nail in Blackjack Road (paved) and in the
1758- southeast right of way line of U.S. Highway No. 377 and in the
1759- recognized north line of said Francisco Trevino Survey and at the
1760- northwest corner of said 32.8 acres tract for the most northerly
1761- northwest and beginning corner of this tract. Whence the recognized
1762- southwest corner of the Thomas Chambers Survey, Abstract No. 223
1763- bears South 87°12'41" East 60.40 feet.
1764- THENCE South 87°12'41" East at 60.40 feet pass a "PK" nail at the
1765- southwest corner of a certain 6.164 acres tract (Tract 5) described
1766- in said Volume 4257, Page 1101 and in all 1160.06 feet along said
1767- Blackjack Road to a found "PK" nail at the southeast corner of said
1768- 6.164 acres tract for a corner of this tract.
1769- THENCE South 88°09'42" East 505.03 feet to a set "PK" nail in said
1770- Blackjack Road for a corner of this tract.
1771- THENCE South 89°21'04" East 1356.90 feet to a set "PK" nail in said
1772- Blackjack Road for the northeast corner of this tract.
1773- THENCE South 01°40'27" West at 20.69 feet pass a 4" steel post in the
1774- south line of said Blackjack Road and in all 2322.77 feet to a set
1775- capped 1/2" iron rod for the most easterly southeast corner of this
1776- tract.
1777- THENCE South 89°35'01" West at 250.28 feet pass a found capped 1/2"
1778- iron rod at the northeast corner of a certain 27.104 acres tract
1779- described in Document No. 96-000070599 and in all 1539.46 feet to a
1780- found 1/2" iron pipe at the northwest corner of a certain 27.600
1781- acres tract described in Document No. 96-000070600 for an ell
1782- corner of this tract.
1783- THENCE South 00°10'39" East 956.88 feet to a set capped 1/2" iron rod
1784- in the west line of said 27.600 acres tract for a corner of this
1785- tract.
1786- THENCE South 00°56'07" West 1132.15 feet to a set capped 1/2" iron
1787- rod in the north right of way line of F.M. Highway No. 428 and at the
1788- southwest corner of said 27.600 acres tract for the most southerly
1789- southeast corner of this tract.
1790- THENCE along the north right of way line of said F.M. Highway
1791- No. 428 the following courses and distances:
1792- ● South 71°34'50" West 144.40 feet to a set capped 1/2" iron
1793- rod;
1794- ● Westerly along the arc of a 07 deg. 21 min. 35 sec.
1795- non-tangent curve to the right having a radius of 778.51 feet, a
1796- central angle of 18 deg. 46 min. 14 sec., a chord of South 82°46'29"
1797- West 253.91 feet and an arc length of 255.05 feet to a set capped
1798- 1/2" iron rod;
1799- ● South 88°45'46" West 378.48 feet to a set capped 1/2" iron
1800- rod;
1801- ● South 89°36'06" West 1349.02 feet to a set capped 1/2" iron
1802- rod;
1803- ● And South 89°52'21" West 1364.91 feet to a set capped 1/2"
1804- iron rod in the southeast right of way line of said U.S. Highway
1805- No. 377 for the most southerly southwest corner of this tract;
1806- THENCE North 32°23'53" West 213.57 feet along the southeast right of
1807- way line of said U.S. Highway 377 to a wood right of way marker for
1808- the most westerly southwest corner of this tract.
1809- THENCE North 25°19'53" East 4804.08 feet along the southeast right
1810- of way line of said U.S. Highway No. 377 to a set capped 1/2" iron
1811- rod for the most westerly northwest corner of this tract.
1812- THENCE North 59°03'36" East at 101.21 feet pass a set 1/2" iron rod
1813- and in all 166.34 feet to the POINT OF BEGINNING and containing
1814- 357.445 acres of land, more or less.
1815- HIGH POINTE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 - TRACT 2
1816- BEING a tract of land situated in the F. Trevino Survey, Abstract
1817- No. 1243, Denton County, Texas, and being all of a called 61.667
1818- acre tract of land described in a General Warranty Deed to Betsy
1819- Turner, as recorded in Instrument No. 97-0010270 of the Official
1820- Records of Denton County, Texas, and being more particularly
1821- described as follows:
1822- BEGINNING at a mag nail set for the northeast corner of said 61.667
1823- acre tract, common to the northwest corner of a called 41.640 acre
1824- tract of land described in a deed to Michael Ray Self and spouse,
1825- Hannah Carter Self, as recorded in Instrument No. 2020-72317 of the
1826- Official Records of Denton County, Texas, being on the southerly
1827- line of Tract I described in a deed to LTR Dressage, LLC, as
1828- recorded in Instrument No. 2012-60776 of the Official Records of
1829- Denton County, Texas, and in the centerline of Black Jack Road, a
1830- variable width right-of-way, no record found;
1831- THENCE South 0°37'22" West, departing the southerly line of said
1832- Tract I and the centerline of said Black Jack Road, along the
1833- easterly line of said 61.667 acre tract and the westerly line of
1834- said 41.640 acre tract, a distance of 2297.48 feet to a 5/8 inch
1835- iron rod with plastic cap stamped "KHA" set for the southeast corner
1836- of said 61.667 acre tract, common to the southwest corner of said
1837- 41.640 acre tract, being on the northerly line of a called 94.58
1838- acre tract of land described in a deed to Robert J. Houlihan,
1839- Trustee of the Jacqueline A. Houlihan Family Trust, as recorded in
1840- Instrument No. 2015-75670 of the Official Records of Denton County,
1841- Texas;
1842- THENCE South 89°33'30" West, along the southerly line of said 61.667
1843- acre tract, the northerly line of said 94.58 acre tract and the
1844- northerly line of a called 5.000 acre tract of land described in a
1845- deed to Robert J. Houlihan, as recorded in Instrument
1846- No. 2015-75669 of the Official Records of Denton County, Texas, a
1847- distance of 1184.22 feet to a 5/8 inch iron rod with plastic cap
1848- stamped "KHA" set for the southwest corner of said 61.667 acre
1849- tract, being on the easterly line of a called 166.34 acre tract of
1850- land described in a deed to ALW 377, LLC, as recorded in Instrument
1851- No. 2018-78707 of the Official Records of Denton County, Texas;
1852- THENCE North 1°40'23" East, departing the northerly line of said
1853- 94.58 acre tract, along the westerly line of said 61.667 acre tract
1854- and the easterly line of said 166.34 acre tract, a distance of
1855- 2319.56 feet to a 1 inch iron pipe found for the northwest corner of
1856- said 61.667 acre tract, common to the northeast corner of said
1857- 166.34 acre tract, being on the southerly line of a called 37.115
1858- acre tract of land described in a deed to Calvin Paul Redfearn, as
1859- recorded in Instrument No. 2014-96676 of the Official Records of
1860- Denton County, Texas, and in the middle of Black Jack Road;
1861- THENCE South 89°23'35" East, along the northerly line of said 61.667
1862- acre tract, the southerly line of said 37.115 acre tract, the
1863- southerly line of a called 20.236 acre tract of land described in a
1864- deed to Gary Conway and Debbie Conway, as recorded in Instrument
1865- No. 2019-158825 of the Official Records of Denton County, Texas,
1866- and the southerly line of said Tract I, a distance of 1141.49 feet
1867- to the POINT OF BEGINNING and containing 61.611 acres (2,683,778
1868- square feet) of land, more or less.
1869- HIGH POINTE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 - TRACT 3
1870- BEING a tract of land situated in the F. Trevino Survey, Abstract
1871- No. 1243, Denton County, Texas, and being all of a called 41.640
1872- acre tract of land described in a Warranty Deed with Vendor's Lien
1873- to Michael Ray Self and spouse, Hannah Carter Self, as recorded in
1874- Instrument No. 2020-72317 of the Official Records of Denton County,
1875- Texas, and being more particularly described as follows:
1876- BEGINNING at a mag nail set for the northwest corner of said 41.640
1877- acre tract, common to the northeast corner of a called 61.667 acre
1878- tract of land described in a deed to Betsy Turner, as recorded in
1879- Instrument No. 97-0010270 of the Official Records of Denton County,
1880- Texas, being on the southerly line of Tract I described in a deed to
1881- LTR Dressage, LLC, as recorded in Instrument No. 2012-60776 of the
1882- Official Records of Denton County, Texas, and in the centerline of
1883- Black Jack Road, a variable width right-of-way, no record found;
1884- THENCE South 89°10'02" East, along a northerly line of said 41.640
1885- acre tract, the southerly line of said Tract I, the southerly line
1886- of a called 22.380 acre tract of land described as Tract II in said
1887- deed recorded in Instrument No. 2012-60776 of the Official Records
1888- of Denton County, Texas, and the centerline of said Black Jack Road,
1889- a distance of 570.47 feet to a 1 inch iron pipe found for the
1890- northerly northeast corner of said 41.640 acre tract, common to the
1891- northwest corner of a called 14.975 acre tract of land described in
1892- a deed to K & T Swan Family Limited Partnership, L.P., as recorded
1893- in Instrument No. 2017-78524 of the Official Records of Denton
1894- County, Texas;
1895- THENCE South 1°07'20" East, departing the southerly line of said
1896- Tract II and the centerline of said Black Jack Road, along an
1897- easterly line of said 41.640 acre tract and the westerly line of
1898- said 14.975 acre tract, a distance of 1528.04 feet to a 1/2 inch
1899- iron rod found for the southwest corner of said 14.975 acre tract,
1900- common to an ell corner of said 41.640 acre tract;
1901- THENCE South 89°22'10" East, along a northerly line of said 41.640
1902- acre tract and the southerly line of said 14.975 acre tract, a
1903- distance of 570.06 feet to a 3/8 inch iron rod found for the
1904- southerly northeast corner of said 41.640 acre tract, common to the
1905- southeast corner of said 14.975 acre tract;
1906- THENCE South 1°04'44" East, along an easterly line of said 41.640
1907- acre tract, a distance of 745.84 feet to a 1/2 inch iron pipe found
1908- for the southeast corner of said 41.640 acre tract, common to the
1909- northeast corner of a called 16.597 acre tract of land described in
1910- a deed to Phillip J. Anton and wife, Karen M. Anton, as recorded in
1911- Instrument No. 95-65740 of the Official Records of Denton County,
1912- Texas;
1913- THENCE South 89°33'30" West, along the southerly line of said 41.640
1914- acre tract, the northerly line of said 16.597 acre tract, the
1915- northerly line of a called 6.703 acre tract of land described in a
1916- deed to Phillip John Anton and wife, Karen Marie Anton, as recorded
1917- in Instrument No. 2005-92268 of the Official Records of Denton
1918- County, Texas, and the northerly line of a called 94.58 acre tract
1919- of land described in a deed to Robert J. Houlihan, Trustee of the
1920- Jacqueline A. Houlihan Family Trust, as recorded in Instrument
1921- No. 2015-75670 of the Official Records of Denton County, Texas, a
1922- distance of 1209.41 feet to a 5/8 inch iron rod with plastic cap
1923- stamped "KHA" set for the southwest corner of said 41.640 acre
1924- tract, common to the southeast corner of aforesaid 61.667 acre
1925- tract;
1926- THENCE North 0°37'22" East, departing the northerly line of said
1927- 94.58 acre tract, along the westerly line of said 41.640 acre tract
1928- and the easterly line of said 61.667 acre tract, a distance of
1929- 2297.48 feet to the POINT OF BEGINNING and containing 41.650 acres
1930- (1,814,290 square feet) of land, more or less.
1931- (c) If this Act does not receive a two-thirds vote of all the
1932- members elected to each house, Subchapter C, Chapter 7919A, Special
1933- District Local Laws Code, as added by Section 4(a) of this Act, is
1934- amended by adding Section 7919A.0307 to read as follows:
1935- Sec. 7919A.0307. NO EMINENT DOMAIN POWER. The district may
1936- not exercise the power of eminent domain.
1937- (d) Section 4(c) is not intended to be an expression of a
1938- legislative interpretation of the requirements of Section 17(c),
1939- Article I, Texas Constitution.
1940- (e) This section takes effect March 31, 2022.
1941- SECTION 5. (a) Subtitle F, Title 6, Special District Local
1942- Laws Code, is amended by adding Chapter 7933A to read as follows:
1943- CHAPTER 7933A. NORTHWEST DENTON COUNTY MUNICIPAL UTILITY DISTRICT
1944- NO. 1
1945- SUBCHAPTER A. GENERAL PROVISIONS
1946- Sec. 7933A.0101. DEFINITIONS. In this chapter:
1947- (1) "Board" means the district's board of directors.
1948- (2) "Commission" means the Texas Commission on
1949- Environmental Quality.
1950- (3) "Director" means a board member.
1951- (4) "District" means the Northwest Denton County
1952- Municipal Utility District No. 1.
1953- Sec. 7933A.0102. NATURE OF DISTRICT. The district is a
1954- municipal utility district created under Section 59, Article XVI,
1955- Texas Constitution.
1956- Sec. 7933A.0103. CONFIRMATION AND DIRECTOR ELECTION
1957- REQUIRED. The temporary directors shall hold an election to
1958- confirm the creation of the district and to elect five permanent
1959- directors as provided by Section 49.102, Water Code.
1960- Sec. 7933A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
1961- temporary directors may not hold an election under Section
1962- 7933A.0103 until each municipality in whose corporate limits or
1963- extraterritorial jurisdiction the district is located has
1964- consented by ordinance or resolution to the creation of the
1965- district and to the inclusion of land in the district.
1966- Sec. 7933A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
1967- (a) The district is created to serve a public purpose and benefit.
1968- (b) The district is created to accomplish the purposes of:
1969- (1) a municipal utility district as provided by
1970- general law and Section 59, Article XVI, Texas Constitution; and
1971- (2) Section 52, Article III, Texas Constitution, that
1972- relate to the construction, acquisition, improvement, operation,
1973- or maintenance of macadamized, graveled, or paved roads, or
1974- improvements, including storm drainage, in aid of those roads.
1975- Sec. 7933A.0106. INITIAL DISTRICT TERRITORY. (a) The
1976- district is initially composed of the territory described by
1977- Section 5(b) of the Act enacting this chapter.
1978- (b) The boundaries and field notes contained in Section 5(b)
1979- of the Act enacting this chapter form a closure. A mistake made in
1980- the field notes or in copying the field notes in the legislative
1981- process does not affect the district's:
1982- (1) organization, existence, or validity;
1983- (2) right to issue any type of bond for the purposes
1984- for which the district is created or to pay the principal of and
1985- interest on a bond;
1986- (3) right to impose a tax; or
1987- (4) legality or operation.
1988- SUBCHAPTER B. BOARD OF DIRECTORS
1989- Sec. 7933A.0201. GOVERNING BODY; TERMS. (a) The district
1990- is governed by a board of five elected directors.
1991- (b) Except as provided by Section 7933A.0202, directors
1992- serve staggered four-year terms.
1993- Sec. 7933A.0202. TEMPORARY DIRECTORS. (a) The temporary
1994- board consists of:
1995- (1) Lance Martin;
1996- (2) Jason Tuberville;
1997- (3) Zach Stateson;
1998- (4) Clarke Overlander; and
1999- (5) Michelle Dobson.
2000- (b) Temporary directors serve until the earlier of:
2001- (1) the date permanent directors are elected under
2002- Section 7933A.0103; or
2003- (2) the fourth anniversary of the effective date of
2004- the section enacting this chapter.
2005- (c) If permanent directors have not been elected under
2006- Section 7933A.0103 and the terms of the temporary directors have
2007- expired, successor temporary directors shall be appointed or
2008- reappointed as provided by Subsection (d) to serve terms that
2009- expire on the earlier of:
2010- (1) the date permanent directors are elected under
2011- Section 7933A.0103; or
2012- (2) the fourth anniversary of the date of the
2013- appointment or reappointment.
2014- (d) If Subsection (c) applies, the owner or owners of a
2015- majority of the assessed value of the real property in the district
2016- may submit a petition to the commission requesting that the
2017- commission appoint as successor temporary directors the five
2018- persons named in the petition. The commission shall appoint as
2019- successor temporary directors the five persons named in the
2020- petition.
2021- SUBCHAPTER C. POWERS AND DUTIES
2022- Sec. 7933A.0301. GENERAL POWERS AND DUTIES. The district
2023- has the powers and duties necessary to accomplish the purposes for
2024- which the district is created.
2025- Sec. 7933A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
2026- DUTIES. The district has the powers and duties provided by the
2027- general law of this state, including Chapters 49 and 54, Water Code,
2028- applicable to municipal utility districts created under Section 59,
2029- Article XVI, Texas Constitution.
2030- Sec. 7933A.0303. AUTHORITY FOR ROAD PROJECTS. Under
2031- Section 52, Article III, Texas Constitution, the district may
2032- design, acquire, construct, finance, issue bonds for, improve,
2033- operate, maintain, and convey to this state, a county, or a
2034- municipality for operation and maintenance macadamized, graveled,
2035- or paved roads, or improvements, including storm drainage, in aid
2036- of those roads.
2037- Sec. 7933A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
2038- road project must meet all applicable construction standards,
2039- zoning and subdivision requirements, and regulations of each
2040- municipality in whose corporate limits or extraterritorial
2041- jurisdiction the road project is located.
2042- (b) If a road project is not located in the corporate limits
2043- or extraterritorial jurisdiction of a municipality, the road
2044- project must meet all applicable construction standards,
2045- subdivision requirements, and regulations of each county in which
2046- the road project is located.
2047- (c) If the state will maintain and operate the road, the
2048- Texas Transportation Commission must approve the plans and
2049- specifications of the road project.
2050- Sec. 7933A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
2051- ORDINANCE OR RESOLUTION. The district shall comply with all
2052- applicable requirements of any ordinance or resolution that is
2053- adopted under Section 54.016 or 54.0165, Water Code, and that
2054- consents to the creation of the district or to the inclusion of land
2055- in the district.
2056- Sec. 7933A.0306. DIVISION OF DISTRICT. (a) The district
2057- may be divided into two or more new districts only if the district:
2058- (1) has no outstanding bond debt; and
2059- (2) is not imposing ad valorem taxes.
2060- (b) This chapter applies to any new district created by
2061- division of the district, and a new district has all the powers and
2062- duties of the district.
2063- (c) A new district created by the division of the district
2064- may not, at the time the new district is created, contain any land
2065- outside the area described by Section 5(b) of the Act enacting this
2066- chapter.
2067- (d) The board, on its own motion or on receipt of a petition
2068- signed by the owner or owners of a majority of the assessed value of
2069- the real property in the district, may adopt an order dividing the
2070- district.
2071- (e) The board may adopt an order dividing the district
2072- before or after the date the board holds an election under Section
2073- 7933A.0103 to confirm the district's creation.
2074- (f) An order dividing the district shall:
2075- (1) name each new district;
2076- (2) include the metes and bounds description of the
2077- territory of each new district;
2078- (3) appoint temporary directors for each new district;
2079- and
2080- (4) provide for the division of assets and liabilities
2081- between the new districts.
2082- (g) On or before the 30th day after the date of adoption of
2083- an order dividing the district, the district shall file the order
2084- with the commission and record the order in the real property
2085- records of each county in which the district is located.
2086- (h) Any new district created by the division of the district
2087- shall hold a confirmation and directors' election as required by
2088- Section 7933A.0103. If the voters of a new district do not confirm
2089- the creation of the new district, the assets, obligations,
2090- territory, and governance of the new district revert to the
2091- original district.
2092- (i) Municipal consent to the creation of the district and to
2093- the inclusion of land in the district granted under Section
2094- 7933A.0104 acts as municipal consent to the creation of any new
2095- district created by the division of the district and to the
2096- inclusion of land in the new district.
2097- (j) Any new district created by the division of the district
2098- must hold an election as required by this chapter to obtain voter
2099- approval before the district may impose a maintenance tax or issue
2100- bonds payable wholly or partly from ad valorem taxes.
2101- SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
2102- Sec. 7933A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
2103- The district may issue, without an election, bonds and other
2104- obligations secured by:
2105- (1) revenue other than ad valorem taxes; or
2106- (2) contract payments described by Section
2107- 7933A.0403.
2108- (b) The district must hold an election in the manner
2109- provided by Chapters 49 and 54, Water Code, to obtain voter approval
2110- before the district may impose an ad valorem tax or issue bonds
2111- payable from ad valorem taxes.
2112- (c) The district may not issue bonds payable from ad valorem
2113- taxes to finance a road project unless the issuance is approved by a
2114- vote of a two-thirds majority of the district voters voting at an
2115- election held for that purpose.
2116- Sec. 7933A.0402. OPERATION AND MAINTENANCE TAX. (a) If
2117- authorized at an election held under Section 7933A.0401, the
2118- district may impose an operation and maintenance tax on taxable
2119- property in the district in accordance with Section 49.107, Water
2120- Code.
2121- (b) The board shall determine the tax rate. The rate may not
2122- exceed the rate approved at the election.
2123- Sec. 7933A.0403. CONTRACT TAXES. (a) In accordance with
2124- Section 49.108, Water Code, the district may impose a tax other than
2125- an operation and maintenance tax and use the revenue derived from
2126- the tax to make payments under a contract after the provisions of
2127- the contract have been approved by a majority of the district voters
2128- voting at an election held for that purpose.
2129- (b) A contract approved by the district voters may contain a
2130- provision stating that the contract may be modified or amended by
2131- the board without further voter approval.
2132- SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
2133- Sec. 7933A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
2134- OBLIGATIONS. The district may issue bonds or other obligations
2135- payable wholly or partly from ad valorem taxes, impact fees,
2136- revenue, contract payments, grants, or other district money, or any
2137- combination of those sources, to pay for any authorized district
2138- purpose.
2139- Sec. 7933A.0502. TAXES FOR BONDS. At the time the district
2140- issues bonds payable wholly or partly from ad valorem taxes, the
2141- board shall provide for the annual imposition of a continuing
2142- direct ad valorem tax, without limit as to rate or amount, while all
2143- or part of the bonds are outstanding as required and in the manner
2144- provided by Sections 54.601 and 54.602, Water Code.
2145- Sec. 7933A.0503. BONDS FOR ROAD PROJECTS. At the time of
2146- issuance, the total principal amount of bonds or other obligations
2147- issued or incurred to finance road projects and payable from ad
2148- valorem taxes may not exceed one-fourth of the assessed value of the
2149- real property in the district.
2150- (b) The Northwest Denton County Municipal Utility District
2151- No. 1 initially includes all the territory contained in the
2152- following area:
2153- NORTHWEST DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO.1
2154- TRACT 1
2155- BEING a tract of land situated in the William Mason Survey, Abstract
2156- No. 801, Denton County, Texas, and being all of Lots 1 thru 4 and
2157- portions of Lots 5 and 6, Block A of Saddle Ridge Estates, according
2158- to the Final Plat thereof recorded in Cabinet M, Page 241 of the
2159- Plat Records of Denton County, Texas, and being more particularly
2160- described as follows:
2161- BEGINNING at a 1/2 inch iron rod found for the southeast corner of
2162- said Lot 6, common to the southwest corner of a called 104.5051 acre
2163- tract of land described in a deed to Charles E. Stobaugh, as
2164- recorded in Volume 2827, Page 965 of the Deed Records of Denton
2165- County, Texas, the northwest corner of a called 145.493 acre tract
2166- of land described in a deed to FFILP Land Holdings, LLC, as recorded
2167- in Instrument No. 2019-51911 of the Official Records of Denton
2168- County, Texas, and the northeast corner of a called 26.008 acre
2169- tract of land described in a deed to Dale P. McCurley, as recorded
2170- in Volume 1041, Page 494 of the Deed Records of Denton County,
2171- Texas;
2172- THENCE North 89°57'58" West, along the southerly lines of said Lots
2173- 1 thru 6, the northerly line of said 26.008 acre tract, the
2174- northerly line of a tract of land described in a deed to Carl
2175- McCurley, Henry Thompson and V.H. Ward, Jr., as recorded in Volume
2176- 663, Page 80 of the Deed Records of Denton County, Texas, the
2177- northerly line of a called 13.004 acre tract of land described in a
2178- deed to McCurley Ranch, Ltd., as recorded in Instrument
2179- No. 1999-126276 of the Official Records of Denton County, Texas,
2180- the northerly line of a called 26.008 acre tract of land described
2181- as Tract 1 in a deed to McCurley Ranch, Ltd., as recorded in
2182- Instrument No. 1999-126276 of the Official Records of Denton
2183- County, Texas, and the northerly line of a called 78.473 acre tract
2184- of land described in a deed to Ray Sullivan Carson, as recorded in
2185- Volume 478, Page 599 of the Deed Records of Denton County, Texas, a
2186- distance of 2531.49 feet to a metal post found for the southwest
2187- corner of said Lot 1, common to the northwest corner of said 78.473
2188- acre tract, being on the easterly line of a called 100 acre tract of
2189- land described in a deed to Adrian J. Butler, Jr., and Margaret J.
2190- Butler, as recorded in Instrument No. 1995-47603 of the Official
2191- Records of Denton County, Texas;
2192- THENCE North 0°14'24" East, along the westerly line of said Lot 1,
2193- the easterly line of said 100 acre tract, and the easterly lines of
2194- a called 100.00 acre tract of land described as First Tract and a
2195- called 76.691 acre tract of land described as Second Tract in a deed
2196- to M.B. Rudman and Alvrone Sater Trust No. 3, as recorded in Volume
2197- 963, Page 78 of the Deed Records of Denton County, Texas, a distance
2198- of 2775.82 feet to the northwest corner of said Lot 1, common to the
2199- southwest corner of a 30 foot wide road dedication as shown on the
2200- Final Plat of aforesaid Saddle Ridge Estates, same being on the
2201- southerly right-of-way line of Hoehn Road, a variable width
2202- right-of-way;
2203- THENCE South 89°18'18" East, departing the easterly line of said
2204- First Tract, along northerly lines of said Lots 1 thru 5, the
2205- southerly line of said 30 foot wide road dedication and the
2206- southerly right-of-way line of said Hoehn Road, a distance of
2207- 1879.75 feet to a point for corner on the westerly line of the City
2208- of Sanger ETJ as shown on its GIS Map as of May 6, 2021;
2209- THENCE South, departing the northerly line of said Lot 5, the
2210- southerly line of said 30 foot wide road dedication and the
2211- southerly right-of-way line of said Hoehn Road, and crossing said
2212- Lot 5 and along the westerly line of said City of Sanger ETJ, a
2213- distance of 389.56 feet to a point at the beginning of a non-tangent
2214- curve to the left having a central angle of 24°26'28", a radius of
2215- 5350.00 feet, a chord bearing and distance of South 16°26'37" East,
2216- 2264.92 feet;
2217- THENCE in a southeasterly direction continuing across said Lot 5
2218- and along the westerly line of said City of Sanger ETJ, and crossing
2219- said Lot 6 and with said curve to the left, an arc distance of
2220- 2282.21 feet to a point for corner on the easterly line of said Lot 6
2221- and the westerly line of said 104.5051 acre tract;
2222- THENCE South 0°15'53" West, along the easterly line of said Lot 6 and
2223- the westerly line of said 104.5051 acre tract, a distance of 192.66
2224- feet to the POINT OF BEGINNING and containing 134.280 acres
2225- (5,849,251 square feet) of land, more or less.
2226- Bearing system based on the Texas Coordinate System of 1983, North
2227- Central Zone (4202), North American Datum of 1983.
2228- NORTHWEST DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO.1
2229- TRACT 2
2230- BEING a tract of land situated in the B.B.B. & C.R.R. Co. Survey,
2231- Abstract No. 199 and the B.B.B. & C.R.R. Co. Survey, Abstract
2232- No. 1457, Denton County, Texas, and being all of a called 100.00
2233- acre tract of land described as First Tract and all of a called
2234- 76.691 acre tract of land described as Second Tract in a Conveyance,
2235- Assignment and Deed to MER Energy, LTD., as recorded in Instrument
2236- No. 2011-110535 of the Official Records of Denton County, Texas, in
2237- a Conveyance, Assignment and Deed to Rudco Land, LLC, as recorded in
2238- Instrument No. 2017-16370 of the Official Records of Denton County,
2239- Texas, and in Conveyance, Assignment and Deed of Correction to Ira
2240- W. Silverman, Trustee of the Tachina Rudman Trust, as recorded in
2241- Instrument No. 2019-142385 of the Official Records of Denton
2242- County, Texas, and being more particularly described as follows:
2243- BEGINNING at a 60D Nail found for the northeast corner of said First
2244- Tract, being on the northerly right-of-way line of Hoehn Road, a
2245- variable width right-of-way;
2246- THENCE South 0°14'24" West, departing the northerly right-of-way
2247- line of said Hoehn Road, crossing said Hoehn Road and along the
2248- easterly line of said First Tract, passing at a distance of 20.84
2249- feet a 1/2 inch iron rod found for the northwest corner of Saddle
2250- Ridge Estates, according to the plat thereof recorded in Cabinet M,
2251- Slide 241 of the Plat Records of Denton County, Texas, and
2252- continuing along the same course and along the westerly line of said
2253- Saddle Ridge Estates and the easterly line of said Second Tract, for
2254- a total distance of 2600.25 feet to 5/8 inch iron rod with plastic
2255- cap stamped "KHA" set for the southeast corner of said Second Tract,
2256- common to the northeast corner of a called 100 acre tract of land
2257- described in a deed to Adrian J. Butler, Jr., and Margaret J.
2258- Butler, as recorded in Instrument No. 1995-47603 of the Official
2259- Records of Denton County, Texas, from which, a wood post found for
2260- witness bears South 87°24' West, 4.7 feet;
2261- THENCE North 89°29'36" West, departing the westerly line of said
2262- Saddle Ridge Estates, along the southerly line of said Second Tract
2263- and the northerly line of said 100 acre tract, a distance of 2983.73
2264- feet to a mag nail set for corner the southwest corner of said
2265- Second Tract, common to the northwest corner of said 100 acre tract,
2266- being in Lois Road, a variable width right-of-way, and on the
2267- easterly line of a called 84.23 acre tract of land described in a
2268- deed to Earthland Farms, LLC, as recorded in Instrument
2269- No. 2018-88474 of the Official Records of Denton County, Texas;
2270- THENCE North 0°14'24" East, along the westerly lines of said First
2271- and Second Tract, the easterly line of said 84.23 acre tract, and
2272- said Lois Road, a distance of 2577.69 feet to a mag nail set for
2273- northwest corner of said First Tract, being on the northerly
2274- right-of-way line of said Hoehn Road;
2275- THENCE South 89°55'36" East, departing said Lois Road, along
2276- the northerly line of said First Tract and the northerly
2277- right-of-way line of said Hoehn Road, a distance of 2983.71 feet to
2278- the POINT OF BEGINNING and containing 177.334 (7,724,689 square
2279- feet) of land, more or less.
2280- (c) If this Act does not receive a two-thirds vote of all the
2281- members elected to each house, Subchapter C, Chapter 7933A, Special
2282- District Local Laws Code, as added by Section 5(a) of this Act, is
2283- amended by adding Section 7933A.0307 to read as follows:
2284- Sec. 7933A.0307. NO EMINENT DOMAIN POWER. The district may
2285- not exercise the power of eminent domain.
2286- (d) Section 5(c) is not intended to be an expression of a
2287- legislative interpretation of the requirements of Section 17(c),
2288- Article I, Texas Constitution.
2289- SECTION 6. (a) Subtitle F, Title 6, Special District Local
2290- Laws Code, is amended by adding Chapter 7938A to read as follows:
2291- CHAPTER 7938A. EAST COLLIN COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
2292- SUBCHAPTER A. GENERAL PROVISIONS
2293- Sec. 7938A.0101. DEFINITIONS. In this chapter:
2294- (1) "Board" means the district's board of directors.
2295- (2) "Commission" means the Texas Commission on
2296- Environmental Quality.
2297- (3) "Director" means a board member.
2298- (4) "District" means the East Collin County Municipal
2299- Utility District No. 1.
2300- Sec. 7938A.0102. NATURE OF DISTRICT. The district is a
2301- municipal utility district created under Section 59, Article XVI,
2302- Texas Constitution.
2303- Sec. 7938A.0103. CONFIRMATION AND DIRECTOR ELECTION
2304- REQUIRED. The temporary directors shall hold an election to
2305- confirm the creation of the district and to elect five permanent
2306- directors as provided by Section 49.102, Water Code.
2307- Sec. 7938A.0104. CONDITIONS PRECEDENT TO CONFIRMATION
2308- ELECTION. (a) The temporary directors may not hold an election
2309- under Section 7938A.0103 until:
2310- (1) each municipality in whose corporate limits or
2311- extraterritorial jurisdiction the district is located has
2312- consented by ordinance or resolution to the creation of the
2313- district and to the inclusion of land in the district; and
2314- (2) the district has entered into a contract with a
2315- municipality, Collin County, or another entity:
2316- (A) for adequate supplemental police, fire,
2317- emergency, and animal control services for the district; and
2318- (B) that is approved by the Commissioners Court
2319- of Collin County under Subsection (c).
2320- (b) A contract under Subsection (a) may include a provision
2321- that the contract takes effect only on the approval of the
2322- Commissioners Court of Collin County and the voters in the district
2323- voting in an election held for that purpose.
2324- (c) The Commissioners Court of Collin County shall review a
2325- contract under Subsection (a) and evaluate the supplemental police,
2326- fire, emergency, and animal control services provided in the
2327- contract. If the commissioners court determines that the contract
2328- provides adequate services, the commissioners court shall adopt a
2329- resolution stating that the contract has met the requirements of
2330- Subsection (a).
2331- Sec. 7938A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
2332- (a) The district is created to serve a public purpose and benefit.
2333- (b) The district is created to accomplish the purposes of:
2334- (1) a municipal utility district as provided by
2335- general law and Section 59, Article XVI, Texas Constitution; and
2336- (2) Section 52, Article III, Texas Constitution, that
2337- relate to the construction, acquisition, improvement, operation,
2338- or maintenance of macadamized, graveled, or paved roads, or
2339- improvements, including storm drainage, in aid of those roads.
2340- Sec. 7938A.0106. INITIAL DISTRICT TERRITORY. (a) The
2341- district is initially composed of the territory described by
2342- Section 6(b) of the Act enacting this chapter.
2343- (b) The boundaries and field notes contained in Section 6(b)
2344- of the Act enacting this chapter form a closure. A mistake made in
2345- the field notes or in copying the field notes in the legislative
2346- process does not affect the district's:
2347- (1) organization, existence, or validity;
2348- (2) right to issue any type of bond for the purposes
2349- for which the district is created or to pay the principal of and
2350- interest on a bond;
2351- (3) right to impose a tax; or
2352- (4) legality or operation.
2353- SUBCHAPTER B. BOARD OF DIRECTORS
2354- Sec. 7938A.0201. GOVERNING BODY; TERMS. (a) The district
2355- is governed by a board of five elected directors.
2356- (b) Except as provided by Section 7938A.0202, directors
2357- serve staggered four-year terms.
2358- Sec. 7938A.0202. TEMPORARY DIRECTORS. (a) On or after the
2359- effective date of the Act enacting this chapter, the owner or owners
2360- of a majority of the assessed value of the real property in the
2361- district may submit a petition to the commission requesting that
2362- the commission appoint as temporary directors the five persons
2363- named in the petition. The commission shall appoint as temporary
2364- directors the five persons named in the petition.
2365- (b) Temporary directors serve until the earlier of:
2366- (1) the date permanent directors are elected under
2367- Section 7938A.0103; or
2368- (2) the fourth anniversary of the effective date of
2369- the section enacting this chapter.
2370- (c) If permanent directors have not been elected under
2371- Section 7938A.0103 and the terms of the temporary directors have
2372- expired, successor temporary directors shall be appointed or
2373- reappointed as provided by Subsection (d) to serve terms that
2374- expire on the earlier of:
2375- (1) the date permanent directors are elected under
2376- Section 7938A.0103; or
2377- (2) the fourth anniversary of the date of the
2378- appointment or reappointment.
2379- (d) If Subsection (c) applies, the owner or owners of a
2380- majority of the assessed value of the real property in the district
2381- may submit a petition to the commission requesting that the
2382- commission appoint as successor temporary directors the five
2383- persons named in the petition. The commission shall appoint as
2384- successor temporary directors the five persons named in the
2385- petition.
2386- SUBCHAPTER C. POWERS AND DUTIES
2387- Sec. 7938A.0301. GENERAL POWERS AND DUTIES. The district
2388- has the powers and duties necessary to accomplish the purposes for
2389- which the district is created.
2390- Sec. 7938A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
2391- DUTIES. The district has the powers and duties provided by the
2392- general law of this state, including Chapters 49 and 54, Water Code,
2393- applicable to municipal utility districts created under Section 59,
2394- Article XVI, Texas Constitution.
2395- Sec. 7938A.0303. AUTHORITY FOR ROAD PROJECTS. Under
2396- Section 52, Article III, Texas Constitution, the district may
2397- design, acquire, construct, finance, issue bonds for, improve,
2398- operate, maintain, and convey to this state, a county, or a
2399- municipality for operation and maintenance macadamized, graveled,
2400- or paved roads, or improvements, including storm drainage, in aid
2401- of those roads.
2402- Sec. 7938A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
2403- road project must meet all applicable construction standards,
2404- zoning and subdivision requirements, and regulations of each
2405- municipality in whose corporate limits or extraterritorial
2406- jurisdiction the road project is located.
2407- (b) If a road project is not located in the corporate limits
2408- or extraterritorial jurisdiction of a municipality, the road
2409- project must meet all applicable construction standards,
2410- subdivision requirements, and regulations of each county in which
2411- the road project is located.
2412- (c) If the state will maintain and operate the road, the
2413- Texas Transportation Commission must approve the plans and
2414- specifications of the road project.
2415- (d) The district shall maintain all roads that the district
2416- constructs except for roads constructed by the district that
2417- another governmental entity agrees to maintain.
2418- Sec. 7938A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
2419- ORDINANCE OR RESOLUTION. The district shall comply with all
2420- applicable requirements of any ordinance or resolution that is
2421- adopted under Section 54.016 or 54.0165, Water Code, and that
2422- consents to the creation of the district or to the inclusion of land
2423- in the district.
2424- SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
2425- Sec. 7938A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
2426- The district may issue, without an election, bonds and other
2427- obligations secured by:
2428- (1) revenue other than ad valorem taxes; or
2429- (2) contract payments described by Section
2430- 7938A.0403.
2431- (b) The district must hold an election in the manner
2432- provided by Chapters 49 and 54, Water Code, to obtain voter approval
2433- before the district may impose an ad valorem tax or issue bonds
2434- payable from ad valorem taxes.
2435- (c) The district may not issue bonds payable from ad valorem
2436- taxes to finance a road project unless the issuance is approved by a
2437- vote of a two-thirds majority of the district voters voting at an
2438- election held for that purpose.
2439- Sec. 7938A.0402. OPERATION AND MAINTENANCE TAX. (a) If
2440- authorized at an election held under Section 7938A.0401, the
2441- district may impose an operation and maintenance tax on taxable
2442- property in the district in accordance with Section 49.107, Water
2443- Code.
2444- (b) The board shall determine the tax rate. The rate may not
2445- exceed the rate approved at the election.
2446- Sec. 7938A.0403. CONTRACT TAXES. (a) In accordance with
2447- Section 49.108, Water Code, the district may impose a tax other than
2448- an operation and maintenance tax and use the revenue derived from
2449- the tax to make payments under a contract after the provisions of
2450- the contract have been approved by a majority of the district voters
2451- voting at an election held for that purpose.
2452- (b) A contract approved by the district voters may contain a
2453- provision stating that the contract may be modified or amended by
2454- the board without further voter approval.
2455- SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
2456- Sec. 7938A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
2457- OBLIGATIONS. The district may issue bonds or other obligations
2458- payable wholly or partly from ad valorem taxes, impact fees,
2459- revenue, contract payments, grants, or other district money, or any
2460- combination of those sources, to pay for any authorized district
2461- purpose.
2462- Sec. 7938A.0502. TAXES FOR BONDS. At the time the district
2463- issues bonds payable wholly or partly from ad valorem taxes, the
2464- board shall provide for the annual imposition of a continuing
2465- direct ad valorem tax, without limit as to rate or amount, while all
2466- or part of the bonds are outstanding as required and in the manner
2467- provided by Sections 54.601 and 54.602, Water Code.
2468- Sec. 7938A.0503. BONDS FOR ROAD PROJECTS. At the time of
2469- issuance, the total principal amount of bonds or other obligations
2470- issued or incurred to finance road projects and payable from ad
2471- valorem taxes may not exceed one-fourth of the assessed value of the
2472- real property in the district.
2473- (b) The East Collin County Municipal Utility District No. 1
2474- initially includes all the territory contained in the following
2475- area:
2476- TRACT 1 PROPERTY DESCRIPTION:
2477- BEING 183.834 acres of land situated in the H. Walters
2478- Survey, Abstract No. 958, Collin County, Texas and being all of a
2479- 183.753 acre tract of land described in a Deed of Trust executed by
2480- Carl Raymond Montgomery and wife, Rheda Beth Montgomery to Paul
2481- Bennett or James Blakey, trustees, recorded in Volume 2292, Page
2482- 279 of the Deed Records of Collin County, Texas (DRCCT) and this
2483- tract being more particularly described as follows:
2484- BEGINNING at a point for corner in a Bois D'Arc tree in the
2485- south line of a 73.279 acre tract described in a Deed to Marilyn
2486- Rice, recorded in Volume 1732, Page 369 (DRCCT), at the northwest
2487- corner of said 183.753 acre tract common to the northeast corner of
2488- a 43.635 acre tract of land described in a Deed to Raymon Webb
2489- Montgomery and Christa Carol Montgomery, recorded as Instrument
2490- No. 20131125001578440 (DRCCT), from which a steel fence post found
2491- for reference bears South 02°54'15" East a distance of 3.23 feet;
2492- THENCE South 89°54'18" East, along the north line of said
2493- 183.753 acre tract common to the south line of said 73.279 acre
2494- tract, a distance of 372.95 feet, to a 5/8" iron rod with a yellow
2495- cap, stamped "RPLS 3963", set at an angle point thereof;
2496- THENCE South 89°57'56" East, along the north line of said
2497- 183.753 acre tract common to the south lines of said 73.279 acre
2498- tract and the south line of a 33.279 acre tract of land described in
2499- a Deed to Amy Warren, recorded as Instrument No. 20080812000981780
2500- (DRCCT), a distance of 1003.73 feet, to a 5/8" iron rod found for
2501- corner near the center of a creek at an exterior ell corner of said
2502- 183.753 acre tract common to an interior ell corner of said 33.279
2503- acre tract;
2504- THENCE Southeasterly, along the common lines of said 183.753
2505- acre tract and 33.279 acre tract, the following courses:
2506- South 00°09'50" West, a distance of 65.91 feet, to a 5/8" iron
2507- rod found for corner;
2508- South 75°09'08" East, a distance of 718.73 feet, to a point
2509- for corner in a west line of a 36.1891 acre tract described in a Deed
2510- to Gene Doc Sohn and Sun Young Choi, husband and wife, and
2511- Kyoungjoon Cho and Eun Young Choi, husband and wife, recorded as
2512- Instrument No. 20141113001243240 (DRCCT) at the northeast corner
2513- of said 183.753 acre tract common to a south corner of said 33.279
2514- acre tract, from which a 60D Nail, set for reference bears South
2515- 13°38'28" East a distance of 26.03 feet;
2516- THENCE along the common lines of said 183.753 acre tract and
2517- said 36.1891 acre tract, the following courses:
2518- South 00°53'07" West, a distance of 32.60 feet, to a 5/8" iron
2519- rod found for corner;
2520- South 82°38'52" West, a distance of 22.40 feet, to a 5/8" iron
2521- rod found for corner;
2522- THENCE South 00°12'03" West, along an east line of said
2523- 183.753 acre tract common to the west lines of said 36.1891 acre
2524- tract, a 50.001 acre tract described in a Deed to David Reeder and
2525- wife, Becky Reeder, recorded as Instrument No. 92-0071701 (DRCCT),
2526- and Spencers Estates Addition, an Addition to Collin County,
2527- Texas, recorded in Cabinet H, Slide 622 of the Plat Records of
2528- Collin County, Texas (PRCCT), respectively, a distance of 3528.84
2529- feet, to a 1/2" iron rod found for corner in the north right-of-way
2530- line of FM 1778 (a 90' a right-of-way) at the southeast corner of
2531- said 183.753 acre tract common to the southwest corner of last
2532- mentioned Addition;
2533- THENCE South 86°40'47" West, along a south line of said
2534- 183.753 acre tract common to the north right-of-way line of said FM
2535- 1778, a distance of distance of 430.99 feet, to a 5/8" iron rod with
2536- a yellow cap, stamped "RPLS 3963", set for corner at an exterior ell
2537- corner of said 183.753 acre tract common to the southeast corner of
2538- a 2.00 acre tract described in a Deed to Raymon W. Montgomery,
2539- recorded in Volume 2990, Page 495 (DRCCT);
2540- THENCE along common lines of said 183.753 acre tract and said
2541- 2.00 acre tract, the following courses:
2542- North 00°42'56" West, a distance of 540.84 feet, to a 5/8"
2543- iron rod found for corner;
2544- South 85°10'46" West, a distance of 161.95 feet, to a 1/2"
2545- iron rod found for corner;
2546- South 00°43'58" East, a distance of 540.10 feet, to a 5/8"
2547- iron rod with a yellow cap, stamped "RPLS 3963", set for corner in
2548- the north right-of-way line of said FM 1778 at an exterior ell
2549- corner of said 183.753 acre tract common to the southwest corner of
2550- said 2.00 acre tract;
2551- THENCE along the common lines of said 183.753 acre tract and
2552- the right-of-way lines of said FM 1778, the following courses:
2553- South 85°09'47" West, a distance of 358.92 feet, to a 5/8"
2554- iron rod found for corner at the beginning of a tangent curve to the
2555- right, having a radius of 2820.26 feet, and a chord which bears
2556- South 87°45'47" West a distance of 255.85 feet;
2557- Southwesterly, along said curve to the right, having a
2558- central angle of 05°11'58", an arc distance of 255.94 feet, to a 5/8"
2559- iron rod with yellow cap, stamped "RPLS 3963", set for corner;
2560- North 89°38'11" West, a distance of 76.11 feet, to a 5/8" iron
2561- rod found for corner at the southeast corner of a tract of land
2562- described in a Deed to First Baptist Church of Copeville, recorded
2563- in Volume 900, Page 353 (DRCCT);
2564- THENCE along the common lines of said 183.753 acre tract and
2565- said First Baptist Church of Copeville tract, the following
2566- courses:
2567- North 02°55'02" East, a distance of 307.96 feet, to a 5/8"
2568- iron rod with a yellow plastic cap, stamped "RPLS 3963", set for
2569- corner;
2570- North 89°45'11" West, a distance of 517.40 feet, to a wooden
2571- fence post found for corner at the most eastern southeast corner of
2572- said 43.635 acre tract common to the northwest corner of said First
2573- Baptist Church of Copeville tract;
2574- THENCE along the common lines of said 183.753 acre tract and
2575- said 43.635 acre tract, the following courses;
2576- North 63°55'42" West, a distance of 546.96 feet, to a 5/8"
2577- iron rod found for corner;
2578- North 19°42'16" West, a distance of 246.95 feet, to a point
2579- for corner from which an iron axle found for reference bears North
2580- 47°16'17" West, a distance of 4.36 feet;
2581- North 88°17'53" East, a distance of 21.83 feet, to a 3/4" iron
2582- pipe found for corner;
2583- North 05°29'46" East, a distance of 3124.24 feet, to THE POINT
2584- OF BEGINNING and containing 8,007,806 square feet, or 183.834 acres
2585- of land.
2586- TRACT 2 PROPERTY DESCRIPTION:
2587- BEING 43.704 acres of land situated in the H. Walters Survey,
2588- Abstract No. 958, Collin County, Texas and being all of a 43.635
2589- acre tract of land described in a Deed to Raymon Webb Montgomery and
2590- Christa Carol Montgomery, recorded as Instrument
2591- No. 20131125001578440 of the Deed Records of Collin County, Texas
2592- (DRCCT) and this tract being more particularly described as
2593- follows:
2594- BEGINNING at a 3/8" iron rod found in the east right-of-way
2595- line of Burlington Northern & SF Rail Road at the northwest corner
2596- of said 43.635 acre tract common to the southwest corner of a 73.279
2597- acre tract of land described in a Deed to Marilyn Rice, recorded in
2598- Volume 1732, Page 369,(DRCCT);
2599- THENCE South 89°23'59" East, along the north line of said
2600- 43.635 acre tract common to the south line of said 73.279 acre
2601- tract, a distance of 557.73 feet, to a point for corner in a Bois
2602- D'Arc tree at the northeast corner of said 43.635 acre tract common
2603- to the northwest corner of a 183.753 acre tract of land described in
2604- a Deed of Trust executed by Carl Raymond Montgomery and wife, Rheda
2605- Beth Montgomery to Paul Bennett or James Blakey, trustees, recorded
2606- in Volume 2292, Page 279 (DRCCT), from which a steel fence post
2607- found for reference bears South 02°54'15" East a distance of 3.23
2608- feet;
2609- THENCE along the common lines of said 43.635 acre tract and
2610- said 183.753 acre tract, the following courses:
2611- South 05°29'46" West, a distance of 3124.24 feet, to a 3/4"
2612- iron pipe found for corner;
2613- South 88°17'53" West, a distance of 21.83 feet, to a point for
2614- corner from which an iron axle found for reference bears North
2615- 47°16'17" West a distance of 4.36 feet;
2616- South 19°42'16" East, a distance of 246.95 feet, to a 5/8"
2617- iron rod found for corner;
2618- South 63°55'42" East, a distance of 546.96 feet, to a wooden
2619- fence post found for corner at the most eastern southeast corner of
2620- said 43.635 acre tract common to the northwest corner of a tract of
2621- land described in a Deed to First Baptist Church of Copeville,
2622- recorded in Volume 900, Page 353 (DRCCT);
2623- THENCE South 02°37'47" West, along a southeast line of said
2624- 43.635 acre tract common to the west line of said First Baptist
2625- Church of Copeville tract, a distance of 321.86 feet, to a point for
2626- corner near the base of a wood highway marker in the north
2627- right-of-way line of FM 1778 (a 60' right-of-way at this point going
2628- west), at the most southern southeast corner of said 43.635 acre
2629- tract;
2630- THENCE North 89°38'13" West, along a south line of said 43.635
2631- acre tract common to the north right-of-way line of said FM 1778, a
2632- distance of 282.00 feet, to a point for corner at a south corner of
2633- said 43.635 acre tract common to the southeast corner of a 8.22 acre
2634- tract of land described in a Deed to Susan Annie Potter and Jon
2635- Trace Hailey, recorded as Instrument No. 20101102001194000
2636- (DRCCT), from which a 1/2" iron rod found for reference bears North
2637- 20°20'21" West a distance of 1.42 feet;
2638- THENCE North 20°20'21" West, along a southwest line of said
2639- 43.635 acre tract common to the northeast line of said 8.22 acre
2640- tract, a distance of 860.95 feet, to a wood fence post found at a
2641- common corner thereof;
2642- THENCE South 89°34'33" West, along a south line of said 43.635
2643- acre tract common to the north line of said 8.22 acre tract, a
2644- distance of 617.61 feet, to a 5/8" iron rod found for corner at a
2645- common west corner thereof and being in the east right-of-way line
2646- of said Burlington Northern & SF Rail Road, said point being in a
2647- curve to the left, having a radius of 1960.08 feet and a chord which
2648- bears North 15°08'31" East a distance of 671.75 feet;
2649- THENCE Northeasterly, along the west lines of said 43.635
2650- acre tract common to the east right-of-way lines of said Burlington
2651- Northern & SF Rail Road, the following courses:
2652- Northeasterly with said curve to the left, having a central
2653- angle of 19°44'01", an arc distance of 675.09 feet, to the point of
2654- tangent;
2655- North 05°16'30" East, a distance of 2468.30 feet, to THE POINT
2656- OF BEGINNING and containing 1,903,758 square feet, or 43.704 acres
2657- of land.
2658- TRACT 3 PROPERTY DESCRIPTION:
2659- BEING 2.002 acres of land situated in the H. Walters Survey,
2660- Abstract No. 958, Collin County, Texas and being all of a 2.00 acre
2661- tract of land described in a Deed to Raymon W. Montgomery, recorded
2662- in Volume 2990, Page 495 of the Deed Records of Collin County, Texas
2663- (DRCCT) and this tract being more particularly described as
2664- follows:
2665- BEGINNING at a 5/8" iron rod with a yellow cap, stamped "RPLS
2666- 3963", set for corner in the north right-of-way line of FM 1778 (a
2667- 90' right-of-way) at the southeast corner of said 2.00 acre tract
2668- common to an exterior ell corner of a 183.753 acre tract of land
2669- described in a Deed of Trust executed by Carl Raymond Montgomery and
2670- wife, Rheda Beth Montgomery to Paul Bennett or James Blakey,
2671- trustees, recorded in Volume 2292, Page 279 (DRCCT);
2672- THENCE Southwesterly along the south lines of said 2.00 acre
2673- tract common to the north right-of-way lines of said FM 1778, the
2674- following courses:
2675- South 86°40'47" West, a distance of 29.08 feet, to a 5/8" iron
2676- rod with a yellow cap, stamped "RPLS 3963", set for corner;
2677- South 85°09'47" West, a distance of 132.67 feet, to a 5/8"
2678- iron rod with a yellow cap, stamped "RPLS 3963", set for corner at
2679- the southwest corner of said 2.00 acre tract common to an exterior
2680- ell corner of said 183.753 acre tract;
2681- THENCE along the common lines of said 2.00 acre and 183.753
2682- acre tracts, the following courses:
2683- North 00°43'58" West, a distance of 540.10 feet, to a 1/2"
2684- iron rod found for corner;
2685- North 85°10'46" East, a distance of 161.95 feet, to a 5/8"
2686- iron rod found for corner;
2687- South 00°42'56" East, a distance of 540.84 feet, to THE POINT
2688- OF BEGINNING and containing 87,213 square feet, or 2.002 acres of
2689- land.
2690- (c) If this Act does not receive a two-thirds vote of all the
2691- members elected to each house, Subchapter C, Chapter 7938A, Special
2692- District Local Laws Code, as added by Section 6(a) of this Act, is
2693- amended by adding Section 7938A.0306 to read as follows:
2694- Sec. 7938A.0306. NO EMINENT DOMAIN POWER. The district may
2695- not exercise the power of eminent domain.
2696- (d) Section 6(c) is not intended to be an expression of a
2697- legislative interpretation of the requirements of Section 17(c),
2698- Article I, Texas Constitution.
2699- SECTION 7. (a) Subtitle F, Title 6, Special District Local
2700- Laws Code, is amended by adding Chapter 7942A to read as follows:
2701- CHAPTER 7942A. MUSTANG RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF
2702- DENTON COUNTY
2703- SUBCHAPTER A. GENERAL PROVISIONS
2704- Sec. 7942A.0101. DEFINITIONS. In this chapter:
2705- (1) "Board" means the district's board of directors.
2706- (2) "City" means the City of Pilot Point, Texas.
2707- (3) "Commission" means the Texas Commission on
2708- Environmental Quality.
2709- (4) "Director" means a board member.
2710- (5) "District" means the Mustang Ranch Municipal
2711- Utility District No. 1 of Denton County.
2712- Sec. 7942A.0102. NATURE OF DISTRICT. The district is a
2713- municipal utility district created under Section 59, Article XVI,
2714- Texas Constitution.
2715- Sec. 7942A.0103. CONFIRMATION AND DIRECTOR ELECTION
2716- REQUIRED. The temporary directors shall hold an election to
2717- confirm the creation of the district and to elect five permanent
2718- directors as provided by Section 49.102, Water Code.
2719- Sec. 7942A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
2720- temporary directors may not hold an election under Section
2721- 7942A.0103 until each municipality in whose corporate limits or
2722- extraterritorial jurisdiction the district is located has
2723- consented by ordinance or resolution to the creation of the
2724- district and to the inclusion of land in the district.
2725- Sec. 7942A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
2726- (a) The district is created to serve a public purpose and benefit.
2727- (b) The district is created to accomplish the purposes of:
2728- (1) a municipal utility district as provided by
2729- general law and Section 59, Article XVI, Texas Constitution; and
2730- (2) Section 52, Article III, Texas Constitution, that
2731- relate to the construction, acquisition, improvement, operation,
2732- or maintenance of macadamized, graveled, or paved roads, or
2733- improvements, including storm drainage, in aid of those roads.
2734- Sec. 7942A.0106. INITIAL DISTRICT TERRITORY. (a) The
2735- district is initially composed of the territory described by
2736- Section 7(b) of the Act enacting this chapter.
2737- (b) The boundaries and field notes contained in Section 7(b)
2738- of the Act enacting this chapter form a closure. A mistake made in
2739- the field notes or in copying the field notes in the legislative
2740- process does not affect the district's:
2741- (1) organization, existence, or validity;
2742- (2) right to issue any type of bond for the purposes
2743- for which the district is created or to pay the principal of and
2744- interest on a bond;
2745- (3) right to impose a tax; or
2746- (4) legality or operation.
2747- SUBCHAPTER B. BOARD OF DIRECTORS
2748- Sec. 7942A.0201. GOVERNING BODY; TERMS. (a) The district
2749- is governed by a board of five elected directors.
2750- (b) Except as provided by Section 7942A.0202, directors
2751- serve staggered four-year terms.
2752- Sec. 7942A.0202. TEMPORARY DIRECTORS. (a) On or after
2753- October 1, 2021, the owner or owners of a majority of the assessed
2754- value of the real property in the district may submit a petition to
2755- the commission requesting that the commission appoint as temporary
2756- directors the five persons named in the petition. The commission
2757- shall appoint as temporary directors the five persons named in the
2758- petition.
2759- (b) Temporary directors serve until the earlier of:
2760- (1) the date permanent directors are elected under
2761- Section 7942A.0103; or
2762- (2) October 1, 2025.
2763- (c) If permanent directors have not been elected under
2764- Section 7942A.0103 and the terms of the temporary directors have
2765- expired, successor temporary directors shall be appointed or
2766- reappointed as provided by Subsection (d) to serve terms that
2767- expire on the earlier of:
2768- (1) the date permanent directors are elected under
2769- Section 7942A.0103; or
2770- (2) the fourth anniversary of the date of the
2771- appointment or reappointment.
2772- (d) If Subsection (c) applies, the owner or owners of a
2773- majority of the assessed value of the real property in the district
2774- may submit a petition to the commission requesting that the
2775- commission appoint as successor temporary directors the five
2776- persons named in the petition. The commission shall appoint as
2777- successor temporary directors the five persons named in the
2778- petition.
2779- SUBCHAPTER C. POWERS AND DUTIES
2780- Sec. 7942A.0301. GENERAL POWERS AND DUTIES. The district
2781- has the powers and duties necessary to accomplish the purposes for
2782- which the district is created.
2783- Sec. 7942A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
2784- DUTIES. The district has the powers and duties provided by the
2785- general law of this state, including Chapters 49 and 54, Water Code,
2786- applicable to municipal utility districts created under Section 59,
2787- Article XVI, Texas Constitution.
2788- Sec. 7942A.0303. AUTHORITY FOR ROAD PROJECTS. Under
2789- Section 52, Article III, Texas Constitution, the district may
2790- design, acquire, construct, finance, issue bonds for, improve,
2791- operate, maintain, and convey to this state, a county, or a
2792- municipality for operation and maintenance macadamized, graveled,
2793- or paved roads, or improvements, including storm drainage, in aid
2794- of those roads.
2795- Sec. 7942A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
2796- road project must meet all applicable construction standards,
2797- zoning and subdivision requirements, and regulations of each
2798- municipality in whose corporate limits or extraterritorial
2799- jurisdiction the road project is located.
2800- (b) If a road project is not located in the corporate limits
2801- or extraterritorial jurisdiction of a municipality, the road
2802- project must meet all applicable construction standards,
2803- subdivision requirements, and regulations of each county in which
2804- the road project is located.
2805- (c) If the state will maintain and operate the road, the
2806- Texas Transportation Commission must approve the plans and
2807- specifications of the road project.
2808- Sec. 7942A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
2809- ORDINANCE OR RESOLUTION. The district shall comply with all
2810- applicable requirements of any ordinance or resolution that is
2811- adopted under Section 54.016 or 54.0165, Water Code, and that
2812- consents to the creation of the district or to the inclusion of land
2813- in the district.
2814- Sec. 7942A.0306. DIVISION OF DISTRICT. (a) The district
2815- may be divided into two or more new districts only if the district:
2816- (1) has no outstanding bonded debt; and
2817- (2) is not imposing ad valorem taxes.
2818- (b) This chapter applies to any new district created by the
2819- division of the district, and a new district has all the powers and
2820- duties of the district.
2821- (c) Any new district created by the division of the district
2822- may not, at the time the new district is created, contain any land
2823- outside the area described by Section 7(b) of the Act enacting this
2824- chapter.
2825- (d) The board, on its own motion or on receipt of a petition
2826- signed by the owner or owners of a majority of the assessed value of
2827- the real property in the district, may adopt an order dividing the
2828- district.
2829- (e) The board may adopt an order dividing the district
2830- before or after the date the board holds an election under Section
2831- 7942A.0103 to confirm the district's creation.
2832- (f) An order dividing the district shall:
2833- (1) name each new district;
2834- (2) include the metes and bounds description of the
2835- territory of each new district;
2836- (3) appoint temporary directors for each new district;
2837- and
2838- (4) provide for the division of assets and liabilities
2839- between or among the new districts.
2840- (g) On or before the 30th day after the date of adoption of
2841- an order dividing the district, the district shall file the order
2842- with the commission and record the order in the real property
2843- records of each county in which the district is located.
2844- (h) Any new district created by the division of the district
2845- shall hold a confirmation and directors' election as required by
2846- Section 7942A.0103. If the voters of a new district do not confirm
2847- the creation of the new district, the assets, obligations,
2848- territory, and governance of the new district revert to the
2849- original district.
2850- (i) Municipal consent to the creation of the district and to
2851- the inclusion of land in the district granted under Section
2852- 7942A.0104 acts as municipal consent to the creation of any new
2853- district created by the division of the district and to the
2854- inclusion of land in the new district.
2855- (j) Any new district created by the division of the district
2856- must hold an election as required by this chapter to obtain voter
2857- approval before the district may impose a maintenance tax or issue
2858- bonds payable wholly or partly from ad valorem taxes.
2859- SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
2860- Sec. 7942A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
2861- The district may issue, without an election, bonds and other
2862- obligations secured by:
2863- (1) revenue other than ad valorem taxes; or
2864- (2) contract payments described by Section
2865- 7942A.0403.
2866- (b) The district must hold an election in the manner
2867- provided by Chapters 49 and 54, Water Code, to obtain voter approval
2868- before the district may impose an ad valorem tax or issue bonds
2869- payable from ad valorem taxes.
2870- (c) The district may not issue bonds payable from ad valorem
2871- taxes to finance a road project unless the issuance is approved by a
2872- vote of a two-thirds majority of the district voters voting at an
2873- election held for that purpose.
2874- Sec. 7942A.0402. OPERATION AND MAINTENANCE TAX. (a) If
2875- authorized at an election held under Section 7942A.0401, the
2876- district may impose an operation and maintenance tax on taxable
2877- property in the district in accordance with Section 49.107, Water
2878- Code.
2879- (b) The board shall determine the tax rate. The rate may not
2880- exceed the rate approved at the election.
2881- Sec. 7942A.0403. CONTRACT TAXES. (a) In accordance with
2882- Section 49.108, Water Code, the district may impose a tax other than
2883- an operation and maintenance tax and use the revenue derived from
2884- the tax to make payments under a contract after the provisions of
2885- the contract have been approved by a majority of the district voters
2886- voting at an election held for that purpose.
2887- (b) A contract approved by the district voters may contain a
2888- provision stating that the contract may be modified or amended by
2889- the board without further voter approval.
2890- SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
2891- Sec. 7942A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
2892- OBLIGATIONS. The district may issue bonds or other obligations
2893- payable wholly or partly from ad valorem taxes, impact fees,
2894- revenue, contract payments, grants, or other district money, or any
2895- combination of those sources, to pay for any authorized district
2896- purpose.
2897- Sec. 7942A.0502. TAXES FOR BONDS. At the time the district
2898- issues bonds payable wholly or partly from ad valorem taxes, the
2899- board shall provide for the annual imposition of a continuing
2900- direct ad valorem tax, without limit as to rate or amount, while all
2901- or part of the bonds are outstanding as required and in the manner
2902- provided by Sections 54.601 and 54.602, Water Code.
2903- Sec. 7942A.0503. BONDS FOR ROAD PROJECTS. At the time of
2904- issuance, the total principal amount of bonds or other obligations
2905- issued or incurred to finance road projects and payable from ad
2906- valorem taxes may not exceed one-fourth of the assessed value of the
2907- real property in the district.
2908- (b) The Mustang Ranch Municipal Utility District No. 1 of
2909- Denton County initially includes all the territory contained in the
2910- following area:
2911- BEING a tract of land situated in the Charles Fliesner
2912- Survey, Abstract No. 431 and the Charles Mossenton Survey, Abstract
2913- No. 808, Denton County, Texas, and being all of a called
2914- 669.40-acre tract of land conveyed to Michael Hall Shelby Revocable
2915- Family Trust, as evidenced in a Special Warranty Deed, recorded in
2916- Instrument No. 2017-35430 of the Official Records of Denton County,
2917- Texas, and being more particularly described by metes and bounds as
2918- follows:
2919- BEGINNING at a 1/2-inch iron rod with an orange cap, stamped
2920- "KAZ" found for the northwest corner of said 669.40-acre tract and
2921- the northerly, northeast corner of a called 1,028.306-acre tract of
2922- land conveyed to Bert Field, Jr., as evidenced in a Warranty Deed,
2923- recorded in Volume 729, Page 561 of the Deed Records of Denton
2924- County, Texas, same also being on the southerly right of way line of
2925- F. M. 455, an 80' wide right of way as described in a deed to the
2926- State of Texas, recorded in Volume 334, Page 119 of the Deed Records
2927- of Denton County, Texas;
2928- THENCE South 88°35'39" East, along the northerly line of said
2929- 669.40-acre tract and the southerly right of way line of said F. M.
2930- 455, a distance of 338.12 feet to a 1/2-inch iron rod with an orange
2931- cap, stamped "KAZ" found for the beginning of a tangent curve to the
2932- right having a central angle of 09°46'00", a radius of 2,824.79
2933- feet, a chord bearing and distance of South 83°42'39" East, 480.93
2934- feet;
2935- THENCE in a southeasterly direction, continuing along the
2936- northerly line of said 669.40-acre tract and the southerly right of
2937- way line of said F. M. 455, along said curve to the right, an arc
2938- distance of 481.52 feet to a point for corner;
2939- THENCE South 78°49'39" East, continuing along the northerly
2940- line of said 669.40-acre tract and the southerly right of way line
2941- of said F. M. 455, a distance of 1,475.57 feet to a 5/8-inch iron rod
2942- with a red plastic cap, stamped "KHA" set for corner;
2943- THENCE South 78°43'39" East, continuing along the northerly
2944- line of said 669.40-acre tract and the southerly right of way line
2945- of said F. M. 455, a distance of 1657.57 feet to a 1/2-inch iron rod
2946- with an orange cap, stamped "KAZ" found for the beginning of a
2947- tangent curve to the right having a central angle of 06°48'00", a
2948- radius of 3,779.72 feet, a chord bearing and distance of South
2949- 75°19'39" East, 448.32 feet;
2950- THENCE in a southeasterly direction, continuing along the
2951- northerly line of said 669.40-acre tract and the southerly right of
2952- way line of said F. M. 455, along said curve to the right, an arc
2953- distance of 448.59 feet to a 1/2-inch iron rod with an orange cap,
2954- stamped "KAZ" found for corner;
2955- THENCE South 71°55'39" East, continuing along the northerly
2956- line of said 669.40-acre tract and the southerly right of way line
2957- of said F. M. 455, a distance of 888.92 feet to a 5/8-inch iron rod
2958- with a red plastic cap, stamped "KHA" set for corner;
2959- THENCE South 71°24'39" East, continuing along the northerly
2960- line of said 669.40-acre tract and the southerly right of way line
2961- of said F. M. 455, a distance of 194.87 feet to a 1/2-inch iron rod
2962- with an orange cap, stamped "KAZ" found for the northeast corner of
2963- said 669.40-acre tract, same being the northwest corner of a called
2964- Tract 2 (137.91-acres), conveyed to Sharon Anne Shelby, as
2965- evidenced in a Partition Deed, recorded in Instrument No. 2016-5887
2966- of the Official Records of Denton County, Texas;
2967- THENCE South 00°00'05" East, departing the southerly right of
2968- way line of said F. M. 455, along the easterly line of said
2969- 669.40-acre tract and the westerly line of said Tract 2
2970- (137.91-acres), and generally with a barbed wire fence, a distance
2971- of 4,776.49 feet to a 5/8-inch iron rod with a red plastic cap,
2972- stamped "KHA" set in an asphalt road, known as Hames Road, for the
2973- southeast corner of said 669.40-acre tract and the southwest corner
2974- of said Tract 2 (137.91-acres), same being on the northerly line of
2975- a called Tract 1 (87.748-acres), conveyed to TLD Willard, Ltd., as
2976- evidenced in a Special Warranty Deed, recorded in Instrument
2977- No. 2014-111011 of the Official Records of Denton County, Texas;
2978- THENCE North 89°56'35" West, along the southerly line of said
2979- 669.40-acre tract, the northerly line of said Tract 1
2980- (87.748-acres), and along said Hames Road, a distance of 116.68
2981- feet to a 3/4-inch iron rod found for the northwest corner of said
2982- Tract 1 (87.748-acres) and the northeast corner of a called
2983- 12.095-acre tract of land, conveyed to Jeff D. Kappel, et ux, as
2984- evidenced in a Warranty Deed, recorded in Volume 5085, Page 1484 of
2985- the Deed Records of Denton County, Texas;
2986- THENCE North 89°39'47" West, continuing along the southerly
2987- line of said 669.40-acre tract, the northerly line of said
2988- 12.095-acre tract and said Hames Road, a distance of 705.49 feet to
2989- a 5/8-inch iron rod found for the northwest corner of said
2990- 12.096-acre tract and the northeast corner of a called 6.05-acre
2991- tract, conveyed to Elias Loredo, el al, as evidenced in a Warranty
2992- Deed, recorded in Instrument No. 2016-92822 of the Official Records
2993- of Denton County, Texas;
2994- THENCE North 89°35'57" West, continuing along the southerly
2995- line of said 669.40-acre tract, the northerly line of said
2996- 6.05-acre tract and said Hames Road, a distance of 708.43 feet to a
2997- 3/4-inch iron rod found in a bend of said Hames Road, for the
2998- northwest corner of said 6.05-acre tract, same being the northeast
2999- corner of a called Tract 2 (146.593-acres), conveyed to TLD
3000- Willard, Ltd., as evidenced in a Special Warranty Deed, recorded in
3001- Instrument No. 2014-111011 of the Official Records of Denton
3002- County, Texas;
3003- THENCE North 89°28'39" West, departing said Hames Road,
3004- continuing along the southerly line of said 699.40-acre tract and
3005- the northerly line of said Tract 2 (146.593-acres), a distance of
3006- 3,408.99 feet to a 5/8-inch iron rod with a red plastic cap, stamped
3007- "KHA" set for an angle point;
3008- THENCE North 89°38'21" West, continuing along the southerly
3009- line of said 699.40-acre tract and the northerly line of said Tract
3010- 2 (146.593-acres), passing at a distance of 82.62 feet, a found
3011- 1/2-inch iron rod, continuing for a total distance of 455.62 feet to
3012- a 1/2-inch iron rod found for the southwest corner of said
3013- 699.40-acre tract and a southeasterly corner of aforesaid
3014- 1,028.306-acre Bert Fields Jr., tract;
3015- THENCE North 00°24'46" East, along the westerly line of said
3016- 699.40-acre tract, the easterly line of said 1,028.306-acre tract,
3017- and along a barbed wire fence, a distance of 5,855.81 feet to the
3018- POINT OF BEGINNING and containing 669.396 acres (29,158,886 square
3019- feet) of land, more or less.
3020- (c) If this Act does not receive a two-thirds vote of all the
3021- members elected to each house, Subchapter C, Chapter 7942A, Special
3022- District Local Laws Code, as added by Section 7(a) of this Act, is
3023- amended by adding Section 7942A.0307 to read as follows:
3024- Sec. 7942A.0307. NO EMINENT DOMAIN POWER. The district may
3025- not exercise the power of eminent domain.
3026- (d) Section 7(c) is not intended to be an expression of a
3027- legislative interpretation of the requirements of Section 17(c),
3028- Article I, Texas Constitution.
3029- (e) This section takes effect October 1, 2021.
3030- SECTION 8. (a) Subtitle F, Title 6, Special District Local
3031- Laws Code, is amended by adding Chapter 7948A to read as follows:
3032- CHAPTER 7948A. CLEAR SKY MUNICIPAL UTILITY DISTRICT OF DENTON
3033- COUNTY
3034- SUBCHAPTER A. GENERAL PROVISIONS
3035- Sec. 7948A.0101. DEFINITIONS. In this chapter:
3036- (1) "Board" means the district's board of directors.
3037- (2) "Commission" means the Texas Commission on
3038- Environmental Quality.
3039- (3) "Director" means a board member.
3040- (4) "District" means the Clear Sky Municipal Utility
3041- District of Denton County.
3042- Sec. 7948A.0102. NATURE OF DISTRICT. The district is a
3043- municipal utility district created under Section 59, Article XVI,
3044- Texas Constitution.
3045- Sec. 7948A.0103. CONFIRMATION AND DIRECTOR ELECTION
3046- REQUIRED. The temporary directors shall hold an election to
3047- confirm the creation of the district and to elect five permanent
3048- directors as provided by Section 49.102, Water Code.
3049- Sec. 7948A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3050- temporary directors may not hold an election under Section
3051- 7948A.0103 until each municipality in whose corporate limits or
3052- extraterritorial jurisdiction the district is located has
3053- consented by ordinance or resolution to the creation of the
3054- district and to the inclusion of land in the district.
3055- Sec. 7948A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3056- (a) The district is created to serve a public purpose and benefit.
3057- (b) The district is created to accomplish the purposes of:
3058- (1) a municipal utility district as provided by
3059- general law and Section 59, Article XVI, Texas Constitution; and
3060- (2) Section 52, Article III, Texas Constitution, that
3061- relate to the construction, acquisition, improvement, operation,
3062- or maintenance of macadamized, graveled, or paved roads, or
3063- improvements, including storm drainage, in aid of those roads.
3064- Sec. 7948A.0106. INITIAL DISTRICT TERRITORY. (a) The
3065- district is initially composed of the territory described by
3066- Section 8(b) of the Act enacting this chapter.
3067- (b) The boundaries and field notes contained in Section 8(b)
3068- of the Act enacting this chapter form a closure. A mistake made in
3069- the field notes or in copying the field notes in the legislative
3070- process does not affect the district's:
3071- (1) organization, existence, or validity;
3072- (2) right to issue any type of bond for the purposes
3073- for which the district is created or to pay the principal of and
3074- interest on a bond;
3075- (3) right to impose a tax; or
3076- (4) legality or operation.
3077- SUBCHAPTER B. BOARD OF DIRECTORS
3078- Sec. 7948A.0201. GOVERNING BODY; TERMS. (a) The district
3079- is governed by a board of five elected directors.
3080- (b) Except as provided by Section 7948A.0202, directors
3081- serve staggered four-year terms.
3082- Sec. 7948A.0202. TEMPORARY DIRECTORS. (a) The temporary
3083- board consists of:
3084- (1) Manolo "Manny" Rios;
3085- (2) David "Mike" Boswell;
3086- (3) Ronald Eric Robbins;
3087- (4) Grant Walsh Devlin; and
3088- (5) Demerius "Dee" Seals.
3089- (b) Temporary directors serve until the earlier of:
3090- (1) the date permanent directors are elected under
3091- Section 7948A.0103; or
3092- (2) September 1, 2025.
3093- (c) If permanent directors have not been elected under
3094- Section 7948A.0103 and the terms of the temporary directors have
3095- expired, successor temporary directors shall be appointed or
3096- reappointed as provided by Subsection (d) to serve terms that
3097- expire on the earlier of:
3098- (1) the date permanent directors are elected under
3099- Section 7948A.0103; or
3100- (2) the fourth anniversary of the date of the
3101- appointment or reappointment.
3102- (d) If Subsection (c) applies, the owner or owners of a
3103- majority of the assessed value of the real property in the district
3104- may submit a petition to the commission requesting that the
3105- commission appoint as successor temporary directors the five
3106- persons named in the petition. The commission shall appoint as
3107- successor temporary directors the five persons named in the
3108- petition.
3109- SUBCHAPTER C. POWERS AND DUTIES
3110- Sec. 7948A.0301. GENERAL POWERS AND DUTIES. The district
3111- has the powers and duties necessary to accomplish the purposes for
3112- which the district is created.
3113- Sec. 7948A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
3114- DUTIES. The district has the powers and duties provided by the
3115- general law of this state, including Chapters 49 and 54, Water Code,
3116- applicable to municipal utility districts created under Section 59,
3117- Article XVI, Texas Constitution.
3118- Sec. 7948A.0303. AUTHORITY FOR ROAD PROJECTS. Under
3119- Section 52, Article III, Texas Constitution, the district may
3120- design, acquire, construct, finance, issue bonds for, improve,
3121- operate, maintain, and convey to this state, a county, or a
3122- municipality for operation and maintenance macadamized, graveled,
3123- or paved roads, or improvements, including storm drainage, in aid
3124- of those roads.
3125- Sec. 7948A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
3126- road project must meet all applicable construction standards,
3127- zoning and subdivision requirements, and regulations of each
3128- municipality in whose corporate limits or extraterritorial
3129- jurisdiction the road project is located.
3130- (b) If a road project is not located in the corporate limits
3131- or extraterritorial jurisdiction of a municipality, the road
3132- project must meet all applicable construction standards,
3133- subdivision requirements, and regulations of each county in which
3134- the road project is located.
3135- (c) If the state will maintain and operate the road, the
3136- Texas Transportation Commission must approve the plans and
3137- specifications of the road project.
3138- Sec. 7948A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
3139- ORDINANCE OR RESOLUTION. The district shall comply with all
3140- applicable requirements of any ordinance or resolution that is
3141- adopted under Section 54.016 or 54.0165, Water Code, and that
3142- consents to the creation of the district or to the inclusion of land
3143- in the district.
3144- SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
3145- Sec. 7948A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
3146- The district may issue, without an election, bonds and other
3147- obligations secured by:
3148- (1) revenue other than ad valorem taxes; or
3149- (2) contract payments described by Section
3150- 7948A.0403.
3151- (b) The district must hold an election in the manner
3152- provided by Chapters 49 and 54, Water Code, to obtain voter approval
3153- before the district may impose an ad valorem tax or issue bonds
3154- payable from ad valorem taxes.
3155- (c) The district may not issue bonds payable from ad valorem
3156- taxes to finance a road project unless the issuance is approved by a
3157- vote of a two-thirds majority of the district voters voting at an
3158- election held for that purpose.
3159- Sec. 7948A.0402. OPERATION AND MAINTENANCE TAX. (a) If
3160- authorized at an election held under Section 7948A.0401, the
3161- district may impose an operation and maintenance tax on taxable
3162- property in the district in accordance with Section 49.107, Water
3163- Code.
3164- (b) The board shall determine the tax rate. The rate may not
3165- exceed the rate approved at the election.
3166- Sec. 7948A.0403. CONTRACT TAXES. (a) In accordance with
3167- Section 49.108, Water Code, the district may impose a tax other than
3168- an operation and maintenance tax and use the revenue derived from
3169- the tax to make payments under a contract after the provisions of
3170- the contract have been approved by a majority of the district voters
3171- voting at an election held for that purpose.
3172- (b) A contract approved by the district voters may contain a
3173- provision stating that the contract may be modified or amended by
3174- the board without further voter approval.
3175- SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
3176- Sec. 7948A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
3177- OBLIGATIONS. The district may issue bonds or other obligations
3178- payable wholly or partly from ad valorem taxes, impact fees,
3179- revenue, contract payments, grants, or other district money, or any
3180- combination of those sources, to pay for any authorized district
3181- purpose.
3182- Sec. 7948A.0502. TAXES FOR BONDS. At the time the district
3183- issues bonds payable wholly or partly from ad valorem taxes, the
3184- board shall provide for the annual imposition of a continuing
3185- direct ad valorem tax, without limit as to rate or amount, while all
3186- or part of the bonds are outstanding as required and in the manner
3187- provided by Sections 54.601 and 54.602, Water Code.
3188- Sec. 7948A.0503. BONDS FOR ROAD PROJECTS. At the time of
3189- issuance, the total principal amount of bonds or other obligations
3190- issued or incurred to finance road projects and payable from ad
3191- valorem taxes may not exceed one-fourth of the assessed value of the
3192- real property in the district.
3193- (b) The Clear Sky Municipal Utility District of Denton
3194- County initially includes all the territory contained in the
3195- following area:
3196- BEING THAT CERTAIN TRACT OF LAND SITUATED IN THE T. CHAMBERS,
3197- ABSTRACT NUMBER 223, AND BEING A PORTION OF A TRACT OF LAND TO
3198- AUBREY 64 NORTH LP, A TEXAS LIMITED PARTNERSHIP, RECORDED IN
3199- INSTRUMENT NUMBER 2020-3173 OF THE OFFICIAL PUBLIC RECORDS OF
3200- DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY
3201- METES AND BOUNDS AS FOLLOWS:
3202- BEGINNING AT THE SOUTHEAST CORNER OF SAID AUBREY 64 NORTH TRACT WITH
3203- A CURVE TO THE LEFT, AN ARC DISTANCE OF 62.71 FEET, THROUGH A
3204- CENTRAL ANGLE OF 00° 40' 50", HAVING A RADIUS OF 5,280.00 FEET, AND A
3205- LONG CHORD WHICH BEARS N 88° 15' 25" W, 62.71 FEET;
3206- THENCE N 88° 35' 50" W, 3237.22 FEET;
3207- THENCE N 01° 32' 58" E, 894.59 FEET;
3208- THENCE S 88° 39' 54" E, 1967.25 FEET;
3209- THENCE S 01° 48' 01" W, 325.45 FEET;
3210- THENCE S 87° 02' 21" E, 447.69 FEET;
3211- THENCE N 89° 38' 44" E, 718.09 FEET;
3212- THENCE S 85° 43' 18" E, 164.97 FEET;
3213- THENCE S 01° 38' 33" W, 65.30 FEET;
3214- THENCE S 01° 13' 27" E, 100.10 FEET;
3215- THENCE S 01° 38' 33" W, 408.13 FEET TO THE POINT OF BEGINNING AND
3216- CONTAINING 2,520,613 SQUARE FEET OR 57.865 ACRES OF LAND MORE OR
3217- LESS.
3218- (c) If this Act does not receive a two-thirds vote of all the
3219- members elected to each house, Subchapter C, Chapter 7948A, Special
3220- District Local Laws Code, as added by Section 8(a) of this Act, is
3221- amended by adding Section 7948A.0306 to read as follows:
3222- Sec. 7948A.0306. NO EMINENT DOMAIN POWER. The district may
3223- not exercise the power of eminent domain.
3224- (d) Section 8(c) is not intended to be an expression of a
3225- legislative interpretation of the requirements of Section 17(c),
3226- Article I, Texas Constitution.
3227- (e) This section takes effect September 1, 2021.
3228- SECTION 9. (a) Subtitle F, Title 6, Special District Local
3229- Laws Code, is amended by adding Chapter 7945A to read as follows:
3230- CHAPTER 7945A. MUSTANG RIDGE MUNICIPAL UTILITY DISTRICT
3231- SUBCHAPTER A. GENERAL PROVISIONS
3232- Sec. 7945A.0101. DEFINITIONS. In this chapter:
3233- (1) "Board" means the district's board of directors.
3234- (2) "Commission" means the Texas Commission on
3235- Environmental Quality.
3236- (3) "Director" means a board member.
3237- (4) "District" means the Mustang Ridge Municipal
3238- Utility District.
3239- Sec. 7945A.0102. NATURE OF DISTRICT. The district is a
3240- municipal utility district created under Section 59, Article XVI,
3241- Texas Constitution.
3242- Sec. 7945A.0103. CONFIRMATION AND DIRECTOR ELECTION
3243- REQUIRED. The temporary directors shall hold an election to
3244- confirm the creation of the district and to elect five permanent
3245- directors as provided by Section 49.102, Water Code.
3246- Sec. 7945A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3247- temporary directors may not hold an election under Section
3248- 7945A.0103 until each municipality in whose corporate limits or
3249- extraterritorial jurisdiction the district is located has
3250- consented by ordinance or resolution to the creation of the
3251- district and to the inclusion of land in the district.
3252- Sec. 7945A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3253- (a) The district is created to serve a public purpose and benefit.
3254- (b) The district is created to accomplish the purposes of:
3255- (1) a municipal utility district as provided by
3256- general law and Section 59, Article XVI, Texas Constitution; and
3257- (2) Section 52, Article III, Texas Constitution, that
3258- relate to the construction, acquisition, improvement, operation,
3259- or maintenance of macadamized, graveled, or paved roads, or
3260- improvements, including storm drainage, in aid of those roads.
3261- Sec. 7945A.0106. INITIAL DISTRICT TERRITORY. (a) The
3262- district is initially composed of the territory described by
3263- Section 9(b) of the Act enacting this chapter.
3264- (b) The boundaries and field notes contained in Section 9(b)
3265- of the Act enacting this chapter form a closure. A mistake made in
3266- the field notes or in copying the field notes in the legislative
3267- process does not affect the district's:
3268- (1) organization, existence, or validity;
3269- (2) right to issue any type of bond for the purposes
3270- for which the district is created or to pay the principal of and
3271- interest on a bond;
3272- (3) right to impose a tax; or
3273- (4) legality or operation.
3274- SUBCHAPTER B. BOARD OF DIRECTORS
3275- Sec. 7945A.0201. GOVERNING BODY; TERMS. (a) The district
3276- is governed by a board of five elected directors.
3277- (b) Except as provided by Section 7945A.0202, directors
3278- serve staggered four-year terms.
3279- Sec. 7945A.0202. TEMPORARY DIRECTORS. (a) On or after the
3280- effective date of the Act enacting this chapter, the owner or owners
3281- of a majority of the assessed value of the real property in the
3282- district may submit a petition to the commission requesting that
3283- the commission appoint as temporary directors the five persons
3284- named in the petition. The commission shall appoint as temporary
3285- directors the five persons named in the petition.
3286- (b) Temporary directors serve until the earlier of:
3287- (1) the date permanent directors are elected under
3288- Section 7945A.0103; or
3289- (2) the fourth anniversary of the effective date of
3290- the section enacting this chapter.
3291- (c) If permanent directors have not been elected under
3292- Section 7945A.0103 and the terms of the temporary directors have
3293- expired, successor temporary directors shall be appointed or
3294- reappointed as provided by Subsection (d) to serve terms that
3295- expire on the earlier of:
3296- (1) the date permanent directors are elected under
3297- Section 7945A.0103; or
3298- (2) the fourth anniversary of the date of the
3299- appointment or reappointment.
3300- (d) If Subsection (c) applies, the owner or owners of a
3301- majority of the assessed value of the real property in the district
3302- may submit a petition to the commission requesting that the
3303- commission appoint as successor temporary directors the five
3304- persons named in the petition. The commission shall appoint as
3305- successor temporary directors the five persons named in the
3306- petition.
3307- SUBCHAPTER C. POWERS AND DUTIES
3308- Sec. 7945A.0301. GENERAL POWERS AND DUTIES. The district
3309- has the powers and duties necessary to accomplish the purposes for
3310- which the district is created.
3311- Sec. 7945A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
3312- DUTIES. The district has the powers and duties provided by the
3313- general law of this state, including Chapters 49 and 54, Water Code,
3314- applicable to municipal utility districts created under Section 59,
3315- Article XVI, Texas Constitution.
3316- Sec. 7945A.0303. AUTHORITY FOR ROAD PROJECTS. Under
3317- Section 52, Article III, Texas Constitution, the district may
3318- design, acquire, construct, finance, issue bonds for, improve,
3319- operate, maintain, and convey to this state, a county, or a
3320- municipality for operation and maintenance macadamized, graveled,
3321- or paved roads, or improvements, including storm drainage, in aid
3322- of those roads.
3323- Sec. 7945A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
3324- road project must meet all applicable construction standards,
3325- zoning and subdivision requirements, and regulations of each
3326- municipality in whose corporate limits or extraterritorial
3327- jurisdiction the road project is located.
3328- (b) If a road project is not located in the corporate limits
3329- or extraterritorial jurisdiction of a municipality, the road
3330- project must meet all applicable construction standards,
3331- subdivision requirements, and regulations of each county in which
3332- the road project is located.
3333- (c) If the state will maintain and operate the road, the
3334- Texas Transportation Commission must approve the plans and
3335- specifications of the road project.
3336- Sec. 7945A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
3337- ORDINANCE OR RESOLUTION. The district shall comply with all
3338- applicable requirements of any ordinance or resolution that is
3339- adopted under Section 54.016 or 54.0165, Water Code, and that
3340- consents to the creation of the district or to the inclusion of land
3341- in the district.
3342- SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
3343- Sec. 7945A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
3344- The district may issue, without an election, bonds and other
3345- obligations secured by:
3346- (1) revenue other than ad valorem taxes; or
3347- (2) contract payments described by Section
3348- 7945A.0403.
3349- (b) The district must hold an election in the manner
3350- provided by Chapters 49 and 54, Water Code, to obtain voter approval
3351- before the district may impose an ad valorem tax or issue bonds
3352- payable from ad valorem taxes.
3353- (c) The district may not issue bonds payable from ad valorem
3354- taxes to finance a road project unless the issuance is approved by a
3355- vote of a two-thirds majority of the district voters voting at an
3356- election held for that purpose.
3357- Sec. 7945A.0402. OPERATION AND MAINTENANCE TAX. (a) If
3358- authorized at an election held under Section 7945A.0401, the
3359- district may impose an operation and maintenance tax on taxable
3360- property in the district in accordance with Section 49.107, Water
3361- Code.
3362- (b) The board shall determine the tax rate. The rate may not
3363- exceed the rate approved at the election.
3364- Sec. 7945A.0403. CONTRACT TAXES. (a) In accordance with
3365- Section 49.108, Water Code, the district may impose a tax other than
3366- an operation and maintenance tax and use the revenue derived from
3367- the tax to make payments under a contract after the provisions of
3368- the contract have been approved by a majority of the district voters
3369- voting at an election held for that purpose.
3370- (b) A contract approved by the district voters may contain a
3371- provision stating that the contract may be modified or amended by
3372- the board without further voter approval.
3373- SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
3374- Sec. 7945A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
3375- OBLIGATIONS. The district may issue bonds or other obligations
3376- payable wholly or partly from ad valorem taxes, impact fees,
3377- revenue, contract payments, grants, or other district money, or any
3378- combination of those sources, to pay for any authorized district
3379- purpose.
3380- Sec. 7945A.0502. TAXES FOR BONDS. At the time the district
3381- issues bonds payable wholly or partly from ad valorem taxes, the
3382- board shall provide for the annual imposition of a continuing
3383- direct ad valorem tax, without limit as to rate or amount, while all
3384- or part of the bonds are outstanding as required and in the manner
3385- provided by Sections 54.601 and 54.602, Water Code.
3386- Sec. 7945A.0503. BONDS FOR ROAD PROJECTS. At the time of
3387- issuance, the total principal amount of bonds or other obligations
3388- issued or incurred to finance road projects and payable from ad
3389- valorem taxes may not exceed one-fourth of the assessed value of the
3390- real property in the district.
3391- (b) The Mustang Ridge Municipal Utility District initially
3392- includes all the territory contained in the following area:
3393- BEING A 303.2 ACRE TRACT OUT OF THE JOSE SEFERINA MORA SURVEY NUMBER
3394- 6, ABSTRACT NUMBER 522, TRAVIS COUNTY, TEXAS, BEING THE
3395- CONSOLIDATION OF SIX TRACTS OF LAND DESCRIBED HEREIN, BEING ALL OF A
3396- CALLED 91.81 ACRE TRACT, DESCRIBED TO ALTON BROOKS LAWS, JR. AS
3397- RECORDED IN VOLUME 10031, PAGE 431 OF THE REAL PROPERTY RECORDS OF
3398- TRAVIS COUNTY, TEXAS [R.P.R.T.C.T.], AND BEING ALL OF A CALLED
3399- 107.33 ACRE TRACT, CONVEYED TO LAWS FAMILY PARTNERSHIP, LTD., AS
3400- RECORDED IN DOCUMENT NUMBER 2008202782 OF THE OFFICIAL PUBLIC
3401- RECORDS OF TRAVIS COUNTY, TEXAS [O.P.R.T.C.T.], AND BEING ALL OF A
3402- CALLED 92.775 TRACT, CONVEYED TO ALTON B. LAWS JR. AND WIFE, JOYCE
3403- KING LAWS, AS RECORDED IN VOLUME 3931, PAGE 2021 OF THE DEED RECORDS
3404- OF TRAVIS COUNTY, TEXAS [D.R.T.C.T.], AND BEING ALL OF A CALLED 6.00
3405- ACRES, CONVEYED TO ALTON B. LAWS, III, AS RECORDED IN DOCUMENT
3406- NUMBER 2001109391 [O.P.R.T.C.T.], AND BEING ALL OF A CALLED 6.00
3407- ACRES, CONVEYED TO LARRY L. LAWS AND TERRI R. LAWS, AS RECORDED IN
3408- DOCUMENT NUMBER 2000125247 [O.P.R.T.C.T.], AND BEING ALL OF A
3409- CALLED 1.00 ACRE TRACT, BEING A PORTION OF THAT 114.34 ACRE TRACT
3410- CONVEYED TO ALTON B. LAWS JR. AND WIFE, JOYCE K. LAWS, AS RECORDED
3411- IN VOLUME 174, PAGE 214 [D.R.T.C.T.], SAID 303.2 ACRE TRACT BEING
3412- MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
3413- BEGINNING at a 1/2 inch iron rod found for the west corner of said
3414- 91.81 acre tract, same being the south corner of a called 91.784
3415- acre tract described to MRLH, LLC, recorded in Document Number
3416- 2020178896 [O.P.R.T.C.T.], same being on the northeast line of a
3417- called 223.25 acre tract, described to H. Philip Whitworth, Jr.,
3418- described in Volume 12605, Page 836 [O.P.R.T.C.T.],
3419- THENCE, N42°21'15"E, along the common line of said 91.81 acre tract
3420- and said 91.7984 acre tract, a distance of 3,395.26 feet to a 60D
3421- nail found for the north corner of said 91.81 acre tract, same being
3422- the east corner of said 91.7984 acre tract, also in the southwest
3423- right-of-way of Old Lockhart Highway, a 50-foot wide right-of-way,
3424- recorded in Document Number 2000125247 [O.P.R.T.C.T.],
3425- THENCE with the common lines of said right-of-way, said 91.81 acre
3426- tract, said 6.00 acre Larry L. Laws tract, said 107.33 acre tract,
3427- and said 92.775 acre tract, the following three (3) courses and
3428- distances:
3429- 1) S47°20'14"E, a distance of 1,465.76 feet to an angle
3430- point,
3431- 2) N42°02'10"E, a distance of 27.63 feet to an angle point,
3432- and
3433- 3) S48°15'17"E, a distance of 2,408.01 feet to a 6 inch cedar
3434- fence post, found at the east corner of said 92.775 acre tract and
3435- the tract described herein, same being a point on the said southwest
3436- right-of-way of Old Lockhart Highway, and being on the northwest
3437- right-of-way of Elm Grove Road, a variable width right-of-way,
3438- described in Volume 3426, Page 1348 [D.R.T.C.T.];
3439- THENCE, S43°03'48"W, along the common line of said 92.775 acre
3440- tract, said 6.00 acre Alton B. Laws tract, and the northwest
3441- right-of-way of said Elm Grove Road, a distance of 3,469.91 feet to
3442- 1/2-inch iron rod found for the south corner of said 92.775 acre
3443- tract, and the south corner of the tract described herein, same
3444- being the northerly southeast corner of Lot 2, Elm Grove Estates, a
3445- plat thereof recorded in Volume 92, Pages 263-264 of the Plat
3446- Records of Travis County, Texas, [P.R.T.C.T];
3447- THENCE, N47°12'40"W, along the common line of said 91.775 acre tract
3448- and said 107.33 acre tract, said 91.81 acre tract, said Lot 2, and
3449- said 223.25 acre tract, a distance of 3,830.62 feet to the POINT OF
3450- BEGINNING of the tract described herein and containing
3451- approximately 303.2 acres.
3452- Basis of bearing is the Texas Coordinate System, Central Zone
3453- [4203], NAD83 (2011), Epoch 2010.
3454- (c) If this Act does not receive a two-thirds vote of all the
3455- members elected to each house, Subchapter C, Chapter 7945A, Special
3456- District Local Laws Code, as added by Section 9(a) of this Act, is
3457- amended by adding Section 7945A.0306 to read as follows:
3458- Sec. 7945A.0306. NO EMINENT DOMAIN POWER. The district may
3459- not exercise the power of eminent domain.
3460- (d) Section 9(c) is not intended to be an expression of a
3461- legislative interpretation of the requirements of Section 17(c),
3462- Article I, Texas Constitution.
3463- (e) This section takes effect immediately if it receives a
3464- vote of two-thirds of all the members elected to each house, as
3465- provided by Section 39, Article III, Texas Constitution. If this
3466- Act does not receive the vote necessary for immediate effect, this
3467- Act takes effect September 1, 2021.
3468- SECTION 10. (a) Subtitle F, Title 6, Special District Local
3469- Laws Code, is amended by adding Chapter 7954A to read as follows:
3470- CHAPTER 7954A. CLEAR SKY MUNICIPAL UTILITY DISTRICT NO. 1 OF COOKE
3471- COUNTY
3472- SUBCHAPTER A. GENERAL PROVISIONS
3473- Sec. 7954A.0101. DEFINITIONS. In this chapter:
3474- (1) "Board" means the district's board of directors.
3475- (2) "Commission" means the Texas Commission on
3476- Environmental Quality.
3477- (3) "Director" means a board member.
3478- (4) "District" means the Clear Sky Municipal Utility
3479- District No. 1 of Cooke County.
3480- Sec. 7954A.0102. NATURE OF DISTRICT. The district is a
3481- municipal utility district created under Section 59, Article XVI,
3482- Texas Constitution.
3483- Sec. 7954A.0103. CONFIRMATION AND DIRECTOR ELECTION
3484- REQUIRED. The temporary directors shall hold an election to
3485- confirm the creation of the district and to elect five permanent
3486- directors as provided by Section 49.102, Water Code.
3487- Sec. 7954A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3488- temporary directors may not hold an election under Section
3489- 7954A.0103 until each municipality in whose corporate limits or
3490- extraterritorial jurisdiction the district is located has
3491- consented by ordinance or resolution to the creation of the
3492- district and to the inclusion of land in the district.
3493- Sec. 7954A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3494- (a) The district is created to serve a public purpose and benefit.
3495- (b) The district is created to accomplish the purposes of:
3496- (1) a municipal utility district as provided by
3497- general law and Section 59, Article XVI, Texas Constitution; and
3498- (2) Section 52, Article III, Texas Constitution, that
3499- relate to the construction, acquisition, improvement, operation,
3500- or maintenance of macadamized, graveled, or paved roads, or
3501- improvements, including storm drainage, in aid of those roads.
3502- Sec. 7954A.0106. INITIAL DISTRICT TERRITORY. (a) The
3503- district is initially composed of the territory described by
3504- Section 10(b) of the Act enacting this chapter.
3505- (b) The boundaries and field notes contained in Section
3506- 10(b) of the Act enacting this chapter form a closure. A mistake
3507- made in the field notes or in copying the field notes in the
3508- legislative process does not affect the district's:
3509- (1) organization, existence, or validity;
3510- (2) right to issue any type of bond for the purposes
3511- for which the district is created or to pay the principal of and
3512- interest on a bond;
3513- (3) right to impose a tax; or
3514- (4) legality or operation.
3515- SUBCHAPTER B. BOARD OF DIRECTORS
3516- Sec. 7954A.0201. GOVERNING BODY; TERMS. (a) The district
3517- is governed by a board of five elected directors.
3518- (b) Except as provided by Section 7954A.0202, directors
3519- serve staggered four-year terms.
3520- Sec. 7954A.0202. TEMPORARY DIRECTORS. (a) On or after
3521- September 1, 2021, the owner or owners of a majority of the assessed
3522- value of the real property in the district may submit a petition to
3523- the commission requesting that the commission appoint as temporary
3524- directors the five persons named in the petition. The commission
3525- shall appoint as temporary directors the five persons named in the
3526- petition.
3527- (b) Temporary directors serve until the earlier of:
3528- (1) the date permanent directors are elected under
3529- Section 7954A.0103; or
3530- (2) September 1, 2025.
3531- (c) If permanent directors have not been elected under
3532- Section 7954A.0103 and the terms of the temporary directors have
3533- expired, successor temporary directors shall be appointed or
3534- reappointed as provided by Subsection (d) to serve terms that
3535- expire on the earlier of:
3536- (1) the date permanent directors are elected under
3537- Section 7954A.0103; or
3538- (2) the fourth anniversary of the date of the
3539- appointment or reappointment.
3540- (d) If Subsection (c) applies, the owner or owners of a
3541- majority of the assessed value of the real property in the district
3542- may submit a petition to the commission requesting that the
3543- commission appoint as successor temporary directors the five
3544- persons named in the petition. The commission shall appoint as
3545- successor temporary directors the five persons named in the
3546- petition.
3547- SUBCHAPTER C. POWERS AND DUTIES
3548- Sec. 7954A.0301. GENERAL POWERS AND DUTIES. The district
3549- has the powers and duties necessary to accomplish the purposes for
3550- which the district is created.
3551- Sec. 7954A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
3552- DUTIES. The district has the powers and duties provided by the
3553- general law of this state, including Chapters 49 and 54, Water Code,
3554- applicable to municipal utility districts created under Section 59,
3555- Article XVI, Texas Constitution.
3556- Sec. 7954A.0303. AUTHORITY FOR ROAD PROJECTS. Under
3557- Section 52, Article III, Texas Constitution, the district may
3558- design, acquire, construct, finance, issue bonds for, improve,
3559- operate, maintain, and convey to this state, a county, or a
3560- municipality for operation and maintenance macadamized, graveled,
3561- or paved roads, or improvements, including storm drainage, in aid
3562- of those roads.
3563- Sec. 7954A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
3564- road project must meet all applicable construction standards,
3565- zoning and subdivision requirements, and regulations of each
3566- municipality in whose corporate limits or extraterritorial
3567- jurisdiction the road project is located.
3568- (b) If a road project is not located in the corporate limits
3569- or extraterritorial jurisdiction of a municipality, the road
3570- project must meet all applicable construction standards,
3571- subdivision requirements, and regulations of each county in which
3572- the road project is located.
3573- (c) If the state will maintain and operate the road, the
3574- Texas Transportation Commission must approve the plans and
3575- specifications of the road project.
3576- Sec. 7954A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
3577- ORDINANCE OR RESOLUTION. The district shall comply with all
3578- applicable requirements of any ordinance or resolution that is
3579- adopted under Section 54.016 or 54.0165, Water Code, and that
3580- consents to the creation of the district or to the inclusion of land
3581- in the district.
3582- SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
3583- Sec. 7954A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
3584- The district may issue, without an election, bonds and other
3585- obligations secured by:
3586- (1) revenue other than ad valorem taxes; or
3587- (2) contract payments described by Section
3588- 7954A.0403.
3589- (b) The district must hold an election in the manner
3590- provided by Chapters 49 and 54, Water Code, to obtain voter approval
3591- before the district may impose an ad valorem tax or issue bonds
3592- payable from ad valorem taxes.
3593- (c) The district may not issue bonds payable from ad valorem
3594- taxes to finance a road project unless the issuance is approved by a
3595- vote of a two-thirds majority of the district voters voting at an
3596- election held for that purpose.
3597- Sec. 7954A.0402. OPERATION AND MAINTENANCE TAX. (a) If
3598- authorized at an election held under Section 7954A.0401, the
3599- district may impose an operation and maintenance tax on taxable
3600- property in the district in accordance with Section 49.107, Water
3601- Code.
3602- (b) The board shall determine the tax rate. The rate may not
3603- exceed the rate approved at the election.
3604- Sec. 7954A.0403. CONTRACT TAXES. (a) In accordance with
3605- Section 49.108, Water Code, the district may impose a tax other than
3606- an operation and maintenance tax and use the revenue derived from
3607- the tax to make payments under a contract after the provisions of
3608- the contract have been approved by a majority of the district voters
3609- voting at an election held for that purpose.
3610- (b) A contract approved by the district voters may contain a
3611- provision stating that the contract may be modified or amended by
3612- the board without further voter approval.
3613- SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
3614- Sec. 7954A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
3615- OBLIGATIONS. The district may issue bonds or other obligations
3616- payable wholly or partly from ad valorem taxes, impact fees,
3617- revenue, contract payments, grants, or other district money, or any
3618- combination of those sources, to pay for any authorized district
3619- purpose.
3620- Sec. 7954A.0502. TAXES FOR BONDS. At the time the district
3621- issues bonds payable wholly or partly from ad valorem taxes, the
3622- board shall provide for the annual imposition of a continuing
3623- direct ad valorem tax, without limit as to rate or amount, while all
3624- or part of the bonds are outstanding as required and in the manner
3625- provided by Sections 54.601 and 54.602, Water Code.
3626- Sec. 7954A.0503. BONDS FOR ROAD PROJECTS. At the time of
3627- issuance, the total principal amount of bonds or other obligations
3628- issued or incurred to finance road projects and payable from ad
3629- valorem taxes may not exceed one-fourth of the assessed value of the
3630- real property in the district.
3631- (b) The Clear Sky Municipal Utility District No. 1 of Cooke
3632- County initially includes all the territory contained in the
3633- following area:
3634- TRACT ONE
3635- FIELD NOTES TO 179.94 ACRES IN THE JOHN ADDA SURVEY ABSTRACT 1177,
3636- ET AL, COOKE COUNTY, TEXAS
3637- All that certain tract or parcel of land situated in the John Adda
3638- Survey Abstract 1177 and the E. Bradley Survey Abstract 34, Cooke
3639- County, Texas, being part of a 293.56 acre tract conveyed by Rose
3640- Marie Strickland, Trustee to Earl L. Bengtston by deed recorded in
3641- Volume 1022, page 263, of the Cooke County Official Public Records,
3642- and being more particularly described as follows:
3643- BEGINNING at a found steel pin at the Northeast corner of said
3644- Bengtston tract, common to the Southeast corner of a tract conveyed
3645- to Alvrone Sater by deed recorded in Volume 734, page 275 of the
3646- Cooke County Deed Records, in County Road 200, on the West line of a
3647- tract conveyed to John Porter Farms, Inc. by deed recorded in Volume
3648- 626, page 123 of said Deed Records, said beginning corner further
3649- being South 00 degrees 11 minutes 30 seconds East, a distance of
3650- 1219.85 feet from the Southwest corner of the J. R. Davis Survey
3651- Abstract 334 in Cooke County.
3652- THENCE South 00 degrees 11 minutes 30 seconds East, in said County
3653- Road 200, crossing the South line of said Adda Survey, common to the
3654- North line of said Bradley Survey, continuing a total of 2824.05
3655- feet to a found steel pin at the Easternmost Southeast corner of
3656- said John Porter Farms tract, on the North line of a tract conveyed
3657- to Alvrone Sater, Trustee, by deed recorded in Volume 734, page 271
3658- of said Deed Records, at a turn in said County Road 200, on the South
3659- line of Cooke County, common to the North line of Denton County as
3660- described in said Bengtston deed;
3661- THENCE North 89 degrees 51 minutes 52 seconds West, with said North
3662- line of said Sater tract, a distance of 40.68 feet to a found steel
3663- pin;
3664- THENCE South 89 degrees 45 minutes 12 seconds West, a distance of
3665- 3012.78 feet to a found steel pin at the Southernmost Southeast
3666- corner of a tract conveyed to Troy P. Miller, Jr. by deed recorded
3667- in Volume 805, page 156 of said Deed Records;
3668- THENCE with an old fence line the following courses and distances:
3669- North 07 degrees 55 minutes 34 seconds East, crossing the
3670- line common to said Adda and Bradley Surveys, a distance of 745.34
3671- feet to a found steel pin,
3672- North 19 degrees 20 minutes 59 seconds East, a distance of
3673- 105.60 feet to a found steel pin,
3674- North 10 degrees 07 minutes 43 seconds East, a distance of
3675- 796.69 feet to a found steel pin,
3676- North 72 degrees 35 minutes 49 seconds East, a distance of
3677- 201.96 feet to a found steel pin;
3678- THENCE North 00 degrees 20 minutes 42 seconds East, along or near a
3679- fence, a distance of 1157.87 feet to a found steel pin at the
3680- Southwest corner of said Sater tract;
3681- THENCE South 89 degrees 55 minutes 19 seconds East, along or near a
3682- fence, passing a found steel pin at a fence corner on the West line
3683- of said County Road 200, continuing a total of 2566.42 feet to the
3684- point of beginning containing 179.94 acres of land.
3685- (c) If this Act does not receive a two-thirds vote of all the
3686- members elected to each house, Subchapter C, Chapter 7954A, Special
3687- District Local Laws Code, as added by Section 10(a) of this Act, is
3688- amended by adding Section 7954A.0306 to read as follows:
3689- Sec. 7954A.0306. NO EMINENT DOMAIN POWER. The district may
3690- not exercise the power of eminent domain.
3691- (d) Section 10(c) is not intended to be an expression of a
3692- legislative interpretation of the requirements of Section 17(c),
3693- Article I, Texas Constitution.
3694- (e) This section takes effect September 1, 2021.
3695- SECTION 11. (a) The legal notice of the intention to file
3696- bills creating each district described by this Act has been
3697- published as provided by law, and the notice and a copy of this Act
3698- have been furnished to all persons, agencies, officials, or
3699- entities to which they are required to be furnished under Section
3700- 59, Article XVI, Texas Constitution, and Chapter 313, Government
3701- Code.
3702- (b) The governor, one of the required recipients, has
3703- submitted the notice and a copy of a bill to create each district
3704- described by this Act to the Texas Commission on Environmental
3705- Quality.
3706- (c) The Texas Commission on Environmental Quality has filed
3707- its recommendations relating to each bill to create each district
3708- described by this Act with the governor, the lieutenant governor,
3709- and the speaker of the house of representatives within the required
3710- time.
3711- (d) All requirements of the constitution and laws of this
3712- state and the rules and procedures of the legislature with respect
3713- to the notice, introduction, and passage of each bill to create each
3714- district described by this Act are fulfilled and accomplished.
3715- SECTION 12. Except as otherwise provided by this Act, this
3716- Act takes effect immediately if it receives a vote of two-thirds of
3717- all the members elected to each house, as provided by Section 39,
3718- Article III, Texas Constitution. If this Act does not receive the
3719- vote necessary for immediate effect, this Act takes effect
3720- September 1, 2021.
3721- ______________________________ ______________________________
3722- President of the Senate Speaker of the House
3723- I certify that H.B. No. 4627 was passed by the House on May
3724- 14, 2021, by the following vote: Yeas 105, Nays 40, 2 present, not
3725- voting; that the House concurred in Senate amendments to H.B. No.
3726- 4627 on May 28, 2021, by the following vote: Yeas 94, Nays 53, 1
3727- present, not voting; and that the House adopted H.C.R. No. 116
3728- authorizing certain corrections in H.B. No. 4627 on May 31, 2021, by
3729- the following vote: Yeas 130, Nays 0, 1 present, not voting.
3730- ______________________________
3731- Chief Clerk of the House
3732- I certify that H.B. No. 4627 was passed by the Senate, with
3733- amendments, on May 26, 2021, by the following vote: Yeas 31, Nays
3734- 0; and that the Senate adopted H.C.R. No. 116 authorizing certain
3735- corrections in H.B. No. 4627 on May 31, 2021, by the following vote:
3736- Yeas 31, Nays 0.
3737- ______________________________
3738- Secretary of the Senate
3739- APPROVED: __________________
3740- Date
3741- __________________
3742- Governor
1020+ SECTION 5. This Act takes effect September 1, 2021.
1021+ * * * * *