Texas 2021 - 87th Regular

Texas House Bill HB4630 Compare Versions

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11 87R19998 JXC-F
22 By: King of Parker H.B. No. 4630
3+ Substitute the following for H.B. No. 4630:
4+ By: Morales Shaw C.S.H.B. No. 4630
35
46
57 A BILL TO BE ENTITLED
68 AN ACT
79 relating to the creation of the Parker County Municipal Management
810 District No. 2; providing authority to issue bonds; providing
911 authority to impose assessments, fees, and taxes; granting a
1012 limited power of eminent domain.
1113 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1214 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1315 Code, is amended by adding Chapter 3996 to read as follows:
1416 CHAPTER 3996. PARKER COUNTY MUNICIPAL MANAGEMENT DISTRICT NO. 2
1517 SUBCHAPTER A. GENERAL PROVISIONS
1618 Sec. 3996.0101. DEFINITIONS. In this chapter:
1719 (1) "Board" means the district's board of directors.
1820 (2) "City" means the City of Fort Worth.
1921 (3) "County" means Parker County.
2022 (4) "Director" means a board member.
2123 (5) "District" means the Parker County Municipal
2224 Management District No. 2.
2325 Sec. 3996.0102. NATURE OF DISTRICT. The Parker County
2426 Municipal Management District No. 2 is a special district created
2527 under Section 59, Article XVI, Texas Constitution.
2628 Sec. 3996.0103. PURPOSE; DECLARATION OF INTENT. (a) The
2729 creation of the district is essential to accomplish the purposes of
2830 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
2931 Texas Constitution, and other public purposes stated in this
3032 chapter.
3133 (b) By creating the district and in authorizing the county,
3234 the city, and other political subdivisions to contract with the
3335 district, the legislature has established a program to accomplish
3436 the public purposes set out in Section 52-a, Article III, Texas
3537 Constitution.
3638 (c) The creation of the district is necessary to promote,
3739 develop, encourage, and maintain employment, commerce,
3840 transportation, housing, tourism, recreation, the arts,
3941 entertainment, economic development, safety, and the public
4042 welfare in the district.
4143 (d) This chapter and the creation of the district may not be
4244 interpreted to relieve the county or the city from providing the
4345 level of services provided as of the effective date of the Act
4446 enacting this chapter to the area in the district. The district is
4547 created to supplement and not to supplant county or city services
4648 provided in the district.
4749 Sec. 3996.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
4850 (a) All land and other property included in the district will
4951 benefit from the improvements and services to be provided by the
5052 district under powers conferred by Sections 52 and 52-a, Article
5153 III, and Section 59, Article XVI, Texas Constitution, and other
5254 powers granted under this chapter.
5355 (b) The district is created to serve a public use and
5456 benefit.
5557 (c) The creation of the district is in the public interest
5658 and is essential to further the public purposes of:
5759 (1) developing and diversifying the economy of the
5860 state;
5961 (2) eliminating unemployment and underemployment; and
6062 (3) developing or expanding transportation and
6163 commerce.
6264 (d) The district will:
6365 (1) promote the health, safety, and general welfare of
6466 residents, employers, potential employees, employees, visitors,
6567 and consumers in the district, and of the public;
6668 (2) provide needed funding for the district to
6769 preserve, maintain, and enhance the economic health and vitality of
6870 the district territory as a community and business center;
6971 (3) promote the health, safety, welfare, and enjoyment
7072 of the public by providing pedestrian ways and by landscaping and
7173 developing certain areas in the district, which are necessary for
7274 the restoration, preservation, and enhancement of scenic beauty;
7375 and
7476 (4) provide for water, wastewater, drainage, road, and
7577 recreational facilities for the district.
7678 (e) Pedestrian ways along or across a street, whether at
7779 grade or above or below the surface, and street lighting, street
7880 landscaping, parking, and street art objects are parts of and
7981 necessary components of a street and are considered to be a street
8082 or road improvement.
8183 (f) The district will not act as the agent or
8284 instrumentality of any private interest even though the district
8385 will benefit many private interests as well as the public.
8486 Sec. 3996.0105. INITIAL DISTRICT TERRITORY. (a) The
8587 district is initially composed of the territory described by
8688 Section 2 of the Act enacting this chapter.
8789 (b) The boundaries and field notes contained in Section 2 of
8890 the Act enacting this chapter form a closure. A mistake in the
8991 field notes or in copying the field notes in the legislative process
9092 does not affect the district's:
9193 (1) organization, existence, or validity;
9294 (2) right to issue any type of bonds for the purposes
9395 for which the district is created or to pay the principal of and
9496 interest on the bonds;
9597 (3) right to impose or collect an assessment or tax; or
9698 (4) legality or operation.
9799 Sec. 3996.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
98100 All or any part of the area of the district is eligible to be
99101 included in:
100102 (1) a tax increment reinvestment zone created under
101103 Chapter 311, Tax Code; or
102104 (2) a tax abatement reinvestment zone created under
103105 Chapter 312, Tax Code.
104106 Sec. 3996.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
105107 DISTRICTS LAW. Except as otherwise provided by this chapter,
106108 Chapter 375, Local Government Code, applies to the district.
107109 Sec. 3996.0108. CONSTRUCTION OF CHAPTER. This chapter
108110 shall be liberally construed in conformity with the findings and
109111 purposes stated in this chapter.
110112 SUBCHAPTER B. BOARD OF DIRECTORS
111113 Sec. 3996.0201. GOVERNING BODY; TERMS. (a) The district is
112114 governed by a board of five elected directors who serve staggered
113115 terms of four years.
114116 (b) Directors are elected in the manner provided by
115117 Subchapter D, Chapter 49, Water Code.
116118 Sec. 3996.0202. COMPENSATION; EXPENSES. (a) The district
117119 may compensate each director in an amount not to exceed $150 for
118120 each board meeting. The total amount of compensation for each
119121 director in one year may not exceed $7,200.
120122 (b) A director is entitled to reimbursement for necessary
121123 and reasonable expenses incurred in carrying out the duties and
122124 responsibilities of the board.
123125 Sec. 3996.0203. INITIAL DIRECTORS. (a) The initial board
124126 consists of the following directors:
125127 Pos. No. Name of Director Pos. No. Name of Director
126128 Pos. No. Name of Director
127129 1 David Mckleroy 1 David Mckleroy
128130 1 David Mckleroy
129131 2 Kenner Link 2 Kenner Link
130132 2 Kenner Link
131133 3 Peter Madrala 3 Peter Madrala
132134 3 Peter Madrala
133135 4 Ian Hall 4 Ian Hall
134136 4 Ian Hall
135137 5 Brock Babb 5 Brock Babb
136138 5 Brock Babb
137139 (b) Of the initial directors, the terms of directors
138140 appointed for positions one through three expire June 1, 2023, and
139141 the terms of directors appointed for positions four and five expire
140142 June 1, 2025.
141143 SUBCHAPTER C. POWERS AND DUTIES
142144 Sec. 3996.0301. GENERAL POWERS AND DUTIES. The district
143145 has the powers and duties necessary to accomplish the purposes for
144146 which the district is created.
145147 Sec. 3996.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
146148 district, using any money available to the district for the
147149 purpose, may provide, design, construct, acquire, improve,
148150 relocate, operate, maintain, or finance an improvement project or
149151 service authorized under this chapter or Chapter 372 or 375, Local
150152 Government Code.
151153 (b) The district may contract with a governmental or private
152154 entity to carry out an action under Subsection (a).
153155 (c) The implementation of a district project or service is a
154156 governmental function or service for the purposes of Chapter 791,
155157 Government Code.
156158 Sec. 3996.0303. NONPROFIT CORPORATION. (a) The board by
157159 resolution may authorize the creation of a nonprofit corporation to
158160 assist and act for the district in implementing a project or
159161 providing a service authorized by this chapter.
160162 (b) The nonprofit corporation:
161163 (1) has each power of and is considered to be a local
162164 government corporation created under Subchapter D, Chapter 431,
163165 Transportation Code; and
164166 (2) may implement any project and provide any service
165167 authorized by this chapter.
166168 (c) The board shall appoint the board of directors of the
167169 nonprofit corporation. The board of directors of the nonprofit
168170 corporation shall serve in the same manner as the board of directors
169171 of a local government corporation created under Subchapter D,
170172 Chapter 431, Transportation Code, except that a board member is not
171173 required to reside in the district.
172174 Sec. 3996.0304. LAW ENFORCEMENT SERVICES. To protect the
173175 public interest, the district may contract with the county or the
174176 city to provide additional law enforcement services in the district
175177 for a fee.
176178 Sec. 3996.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
177179 The district may join and pay dues to a charitable or nonprofit
178180 organization that performs a service or provides an activity
179181 consistent with the furtherance of a district purpose.
180182 Sec. 3996.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
181183 district may engage in activities that accomplish the economic
182184 development purposes of the district.
183185 (b) The district may establish and provide for the
184186 administration of one or more programs to promote state or local
185187 economic development and to stimulate business and commercial
186188 activity in the district, including programs to:
187189 (1) make loans and grants of public money; and
188190 (2) provide district personnel and services.
189191 (c) The district may create economic development programs
190192 and exercise the economic development powers provided to
191193 municipalities by:
192194 (1) Chapter 380, Local Government Code; and
193195 (2) Subchapter A, Chapter 1509, Government Code.
194196 Sec. 3996.0307. PARKING FACILITIES. (a) The district may
195197 acquire, lease as lessor or lessee, construct, develop, own,
196198 operate, and maintain parking facilities or a system of parking
197199 facilities, including lots, garages, parking terminals, or other
198200 structures or accommodations for parking motor vehicles off the
199201 streets and related appurtenances.
200202 (b) The district's parking facilities serve the public
201203 purposes of the district and are owned, used, and held for a public
202204 purpose even if leased or operated by a private entity for a term of
203205 years.
204206 (c) The district's parking facilities are parts of and
205207 necessary components of a street and are considered to be a street
206208 or road improvement.
207209 (d) The development and operation of the district's parking
208210 facilities may be considered an economic development program.
209211 Sec. 3996.0308. ADDING OR EXCLUDING LAND. The district may
210212 add or exclude land in the manner provided by Subchapter J, Chapter
211213 49, Water Code, or by Subchapter H, Chapter 54, Water Code.
212214 Sec. 3996.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The
213215 board by resolution shall establish the number of directors'
214216 signatures and the procedure required for a disbursement or
215217 transfer of district money.
216218 Sec. 3996.0310. LIMITED POWER OF EMINENT DOMAIN. (a) The
217219 district may exercise the power of eminent domain in the manner
218220 provided by Chapter 49, Water Code.
219221 (b) The district may not exercise the power of eminent
220222 domain outside the district to acquire a site or easement for:
221223 (1) a road project; or
222224 (2) a recreational facility as defined by Section
223225 49.462, Water Code.
224226 Sec. 3996.0311. DIVISION OF DISTRICT. (a) The district
225227 may be divided into two or more new districts only if the district:
226228 (1) has no outstanding bonded debt; and
227229 (2) is not imposing ad valorem taxes.
228230 (b) This chapter applies to any new district created by the
229231 division of the district, and a new district has all the powers and
230232 duties of the district.
231233 (c) Any new district created by the division of the district
232234 may not, at the time the new district is created, contain any land
233235 outside the area described by Section 2 of the Act enacting this
234236 chapter.
235237 (d) The board, on its own motion or on receipt of a petition
236238 signed by the owner or owners of a majority of the assessed value of
237239 the real property in the district, may adopt an order dividing the
238240 district.
239241 (e) An order dividing the district must:
240242 (1) name each new district;
241243 (2) include the metes and bounds description of the
242244 territory of each new district;
243245 (3) appoint initial directors for each new district;
244246 and
245247 (4) provide for the division of assets and liabilities
246248 between or among the new districts.
247249 (f) On or before the 30th day after the date of adoption of
248250 an order dividing the district, the district shall file the order
249251 with the Texas Commission on Environmental Quality and record the
250252 order in the real property records of each county in which the
251253 district is located.
252254 (g) Any new district created by the division of the district
253255 must hold an election as required by this chapter to obtain voter
254256 approval before the district may impose a maintenance tax or issue
255257 bonds payable wholly or partly from ad valorem taxes.
256258 (h) Consent to the creation of the district and to the
257259 inclusion of land in the district granted under Section 3996.0506
258260 acts as consent to the creation of any new district created by the
259261 division of the district and to the inclusion of land in the new
260262 district.
261263 SUBCHAPTER D. ASSESSMENTS
262264 Sec. 3996.0401. PETITION REQUIRED FOR FINANCING SERVICES
263265 AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
264266 service or improvement project with assessments under this chapter
265267 unless a written petition requesting that service or improvement
266268 has been filed with the board.
267269 (b) A petition filed under Subsection (a) must be signed by
268270 the owners of a majority of the assessed value of real property in
269271 the district subject to assessment according to the most recent
270272 certified tax appraisal roll for the county.
271273 Sec. 3996.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
272274 The board by resolution may impose and collect an assessment for any
273275 purpose authorized by this chapter in all or any part of the
274276 district.
275277 (b) An assessment, a reassessment, or an assessment
276278 resulting from an addition to or correction of the assessment roll
277279 by the district, penalties and interest on an assessment or
278280 reassessment, an expense of collection, and reasonable attorney's
279281 fees incurred by the district:
280282 (1) are a first and prior lien against the property
281283 assessed;
282284 (2) are superior to any other lien or claim other than
283285 a lien or claim for county, school district, or municipal ad valorem
284286 taxes; and
285287 (3) are the personal liability of and a charge against
286288 the owners of the property even if the owners are not named in the
287289 assessment proceedings.
288290 (c) The lien is effective from the date of the board's
289291 resolution imposing the assessment until the date the assessment is
290292 paid. The board may enforce the lien in the same manner that the
291293 board may enforce an ad valorem tax lien against real property.
292294 (d) The board may make a correction to or deletion from the
293295 assessment roll that does not increase the amount of assessment of
294296 any parcel of land without providing notice and holding a hearing in
295297 the manner required for additional assessments.
296298 Sec. 3996.0403. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
297299 Section 375.161, Local Government Code, does not apply to the
298300 district.
299301 SUBCHAPTER E. TAXES AND BONDS
300302 Sec. 3996.0501. TAX ELECTION REQUIRED. (a) The district
301303 must hold an election in the manner provided by Chapter 49, Water
302304 Code, or, if applicable, Chapter 375, Local Government Code, to
303305 obtain voter approval before the district may impose an ad valorem
304306 tax.
305307 (b) Section 375.243, Local Government Code, does not apply
306308 to the district.
307309 Sec. 3996.0502. OPERATION AND MAINTENANCE TAX. (a) If
308310 authorized by a majority of the district voters voting at an
309311 election under Section 3996.0501, the district may impose an
310312 operation and maintenance tax on taxable property in the district
311313 in the manner provided by Section 49.107, Water Code, for any
312314 district purpose, including to:
313315 (1) maintain and operate the district;
314316 (2) construct or acquire improvements; or
315317 (3) provide a service.
316318 (b) The board shall determine the operation and maintenance
317319 tax rate. The rate may not exceed the rate approved at the
318320 election.
319321 Sec. 3996.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
320322 BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
321323 terms determined by the board.
322324 (b) The district may issue by public or private sale bonds,
323325 notes, or other obligations payable wholly or partly from ad
324326 valorem taxes, assessments, impact fees, revenue, contract
325327 payments, grants, or other district money, or any combination of
326328 those sources of money, to pay for any authorized district purpose.
327329 (c) The limitation on the outstanding principal amount of
328330 bonds, notes, or other obligations provided by Section 49.4645,
329331 Water Code, does not apply to the district.
330332 (d) The district may issue, by public or private sale,
331333 bonds, notes, or other obligations payable wholly or partly from
332334 assessments in the manner provided by Subchapter A, Chapter 372,
333335 Local Government Code, if the improvement financed by an obligation
334336 issued under this section will be conveyed to, operated and
335337 maintained by, or otherwise financed pursuant to an agreement
336338 between the district and a county, a municipality, or a retail
337339 utility provider entered into before the issuance of the
338340 obligation.
339341 Sec. 3996.0504. BONDS SECURED BY REVENUE OR CONTRACT
340342 PAYMENTS. The district may issue, without an election, bonds
341343 secured by:
342344 (1) revenue other than ad valorem taxes, including
343345 contract revenues; or
344346 (2) contract payments, provided that the requirements
345347 of Section 49.108, Water Code, have been met.
346348 Sec. 3996.0505. BONDS SECURED BY AD VALOREM TAXES;
347349 ELECTIONS. (a) If authorized at an election under Section
348350 3996.0501, the district may issue bonds payable from ad valorem
349351 taxes.
350352 (b) At the time the district issues bonds payable wholly or
351353 partly from ad valorem taxes, the board shall provide for the annual
352354 imposition of a continuing direct annual ad valorem tax, without
353355 limit as to rate or amount, for each year that all or part of the
354356 bonds are outstanding as required and in the manner provided by
355357 Sections 54.601 and 54.602, Water Code.
356358 (c) All or any part of any facilities or improvements that
357359 may be acquired by a district by the issuance of its bonds may be
358360 submitted as a single proposition or as several propositions to be
359361 voted on at the election.
360362 Sec. 3996.0506. CONSENT OF MUNICIPALITY OR COUNTY REQUIRED.
361363 (a) The board may not issue bonds until the governing body of a
362364 county in which the district is located or of a municipality in
363365 whose corporate limits or extraterritorial jurisdiction the
364366 district is located has consented by ordinance or resolution to the
365367 creation of the district and to the inclusion of land in the
366368 district.
367369 (b) This section applies only to the district's first
368370 issuance of bonds payable from ad valorem taxes.
369371 SUBCHAPTER I. DISSOLUTION
370372 Sec. 3996.0901. DISSOLUTION. (a) The board shall dissolve
371373 the district on written petition filed with the board by the owners
372374 of:
373375 (1) 66 percent or more of the assessed value of the
374376 property subject to assessment by the district based on the most
375377 recent certified county property tax rolls; or
376378 (2) 66 percent or more of the surface area of the
377379 district, excluding roads, streets, highways, utility
378380 rights-of-way, other public areas, and other property exempt from
379381 assessment by the district according to the most recent certified
380382 county property tax rolls.
381383 (b) The district may not be dissolved by its board under
382384 Subsection (a) if the district:
383385 (1) has any outstanding bonded or other indebtedness
384386 until that indebtedness has been repaid or defeased in accordance
385387 with the order or resolution authorizing the issuance of the bonds
386388 or other indebtedness;
387389 (2) has a contractual obligation to pay money until
388390 that obligation has been fully paid in accordance with the
389391 contract; or
390392 (3) owns, operates, or maintains public works,
391393 facilities, or improvements unless the district contracts with
392394 another person for the ownership, operation, or maintenance of the
393395 public works, facilities, or improvements.
394396 (c) Section 375.262, Local Government Code, does not apply
395397 to the district.
396398 SECTION 2. The Parker County Municipal Management District
397399 No. 2 initially includes all territory contained in the following
398400 area:
399401 Tract No. 1
400402 Tract of land containing 1482.89 acres in the P.B. Jones
401403 Survey, Abstract No. 764, the J.W. Jones Survey, Abstract No. 2394,
402404 the W.A. Grady Survey, Abstract No. 537, the J.W. Jones Survey,
403405 Abstract No. 2010, the P.E. Houston Survey, Abstract No. 572, the
404406 L.A. McAfee Survey, Abstract No. 2028, the E. Nowland Survey,
405407 Abstract No. 1005, the B.B.B. & C. Railway Survey, Abstract No. 136,
406408 the W.B. Glenn Survey, Abstract No. 529, the B.B.B. & C. Railway
407409 Survey, Abstract No. 135, the B.B.B. & C. Railway Survey, Abstract
408410 No. 146, the Peter B. Holder Survey, Abstract No. 614, the L.A.
409411 McAfee Survey, Abstract No. 2400 and the R. Matthews Survey,
410412 Abstract No. 2566, Parker County, Texas, being a part of the James
411413 R. Kelly, Kathleen Kelly Sneed and Jerry Kelly Reid Tract and being
412414 more particularly described as follows:
413415 BEGINNING at a set stone found at the north base of an old
414416 cedar fence corner post being the northwest corner of the said
415417 Houston Survey, an ell corner of the said Kelly Tract and the
416418 southwest corner of the Rodney Brown Tract recorded in Volume 1998,
417419 Page 768, Official Records of Parker County.
418420 THENCE South 89 degrees 59 minutes 57 seconds East for a
419421 distance of 1740.98 feet to a 2 inch cap on a 5/8 inch iron rod set
420422 at the base of an old cedar fence corner being an ell corner of the
421423 said Kelly Tract and the southeast corner of the said Brown Tract.
422424 THENCE North 02 degrees 11 minutes 17 seconds West for a
423425 distance of 318.32 feet to a 2 inch cap on a 5/8 inch iron rod set
424426 being a northwest corner of the said Kelly Tract on the east line of
425427 the said Brown Tract.
426428 THENCE South 89 degrees 10 minutes 56 seconds East for a
427429 distance of 161.00 feet to a 2 inch cap on a 5/8 inch iron rod set at
428430 a fence bend on the south side of Kelly Road (paved county road).
429431 THENCE along the fence on the south and west sides of the said
430432 Kelly Road,
431433 South 62 degrees 57 minutes 42 seconds East for a distance of 61.05
432434 feet to a 2 inch cap on a 5/8 inch iron rod set,
433435 South 89 degrees 05 minutes 07 seconds East for a distance of
434436 1097.51 feet a 2 inch cap on a 5/8 inch iron rod set,
435437 South 65 degrees 02 minutes 16 seconds East for a distance of 71.59
436438 feet a 2 inch cap on a 5/8 inch iron rod set,
437439 South 52 degrees 51 minutes 32 seconds East for a distance of 61.37
438440 feet a 2 inch cap on a 5/8 inch iron rod set,
439441 South 41 degrees 56 minutes 55 seconds East for a distance of 74.77
440442 feet a 2 inch cap on a 5/8 inch iron rod set and
441443 South 00 degrees 20 minutes 29 seconds East for a distance of
442444 3204.30 feet to a corner which fell within a steel pipe fence corner
443445 being a corner of the said Kelly Tract and the northeast corner of
444446 the Margaret Elizabeth Spiegel Tract recorded in Volume 1856, Page
445447 929, Official Records of Parker County.
446448 THENCE leaving the said road, South 89 degrees 14 minutes 16
447449 seconds West for a distance of 466.10 feet to a corner which fell
448450 inside a steel pipe fence corner being a corner of the said Kelly
449451 Tract and the northwest corner of the said Spiegel Tract.
450452 THENCE South 00 degrees 56 minutes 41 seconds East for a
451453 distance of 699.10 feet to a corner which fell inside a steel pipe
452454 fence corner being a corner of the said Kelly Tract and the
453455 southwest corner of the said Spiegel Tract.
454456 THENCE North 89 degrees 24 minutes 17 seconds East for a
455457 distance of 456.50 feet to a corner which fell inside a steel pipe
456458 fence corner on the west side of the said Kelly Road being a corner
457459 of the said Kelly Tract and the southeast corner of the said Spiegel
458460 Tract.
459461 THENCE along the west side of the said Kelly Road,
460462 South 00 degrees 05 minutes 46 seconds West for a distance of
461463 2506.18 feet a 2 inch cap on a 5/8 inch iron rod set at a fence bend
462464 and
463465 South 00 degrees 38 minutes 45 seconds East for a distance of
464466 2692.40 feet to a 2 inch cap on a 5/8 inch iron rod set at a fence
465467 corner on the west side of the said Kelly Road and the north side of
466468 Bear Creek Road (paved county road).
467469 THENCE along the fence on the north side of the said Bear
468470 Creek Road,
469471 South 74 degrees 34 minutes 13 seconds West for a distance of 97.19
470472 feet a 2 inch cap on a 5/8 inch iron rod set,
471473 North 80 degrees 22 minutes 12 seconds West for a distance of
472474 1222.11 feet a 2 inch cap on a 5/8 inch iron rod set,
473475 North 44 degrees 38 minutes 42 seconds West for a distance of
474476 1651.35 feet a 2 inch cap on a 5/8 inch iron rod set,
475477 North 73 degrees 50 minutes 37 seconds West for a distance of 908.36
476478 feet a 2 inch cap on a 5/8 inch iron rod set,
477479 North 88 degrees 54 minutes 17 seconds West for a distance of 323.73
478480 feet a 2 inch cap on a 5/8 inch iron rod set,
479481 North 89 degrees 54 minutes 03 seconds West for a distance of 565.83
480482 feet a 2 inch cap on a 5/8 inch iron rod set and
481483 North 55 degrees 35 minutes 21 seconds West for a distance of 169.96
482484 feet a 2 inch cap on a 5/8 inch iron rod set on the east side of Bear
483485 Creek.
484486 THENCE crossing the said creek and continuing along the north
485487 side of the said Bear Creek Road (gravel county road),
486488 North 68 degrees 29 minutes 42 seconds West for a distance of 113.71
487489 feet a 2 inch cap on a 5/8 inch iron rod set,
488490 South 65 degrees 33 minutes 19 seconds West for a distance of 306.80
489491 feet a 2 inch cap on a 5/8 inch iron rod set,
490492 North 89 degrees 43 minutes 35 seconds West for a distance of 480.30
491493 feet a 2 inch cap on a 5/8 inch iron rod set,
492494 North 61 degrees 18 minutes 03 seconds West for a distance of 20.79
493495 feet a 2 inch cap on a 5/8 inch iron rod set,
494496 North 47 degrees 40 minutes 31 seconds West for a distance of
495497 1501.77 feet a 2 inch cap on a 5/8 inch iron rod set,
496498 North 83 degrees 05 minutes 39 seconds West for a distance of 404.87
497499 feet a 2 inch cap on a 5/8 inch iron rod set,
498500 North 46 degrees 12 minutes 25 seconds West for a distance of 10.74
499501 feet a 2 inch cap on a 5/8 inch iron rod set,
500502 North 07 degrees 18 minutes 58 seconds West for a distance of 718.13
501503 feet a 2 inch cap on a 5/8 inch iron rod set and
502504 North 50 degrees 49 minutes 55 seconds West for a distance of 904.20
503505 feet a 2 inch cap on a 5/8 inch iron rod set at a fence corner on a
504506 west line of the said Kelly Tract and an east line of the Roger
505507 McFarland Dixon Trust Tract, description thereof recorded in Volume
506508 100, Page 39, Deed Records of Parker County.
507509 THENCE leaving the said county road, North 00 degrees 05
508510 minutes 18 seconds East for a distance of 5737.53 feet to a bolt
509511 found in a 3 inch pipe at a fence corner being a corner of the said
510512 Kelly and McFarland Tracts.
511513 THENCE North 89 degrees 39 minutes 44 seconds East for a
512514 distance of 520.17 feet to a bolt found in a 3 inch pipe at a fence
513515 corner being a corner of the said Kelly and McFarland Tracts.
514516 THENCE North 02 degrees 25 minutes 24 seconds East for a
515517 distance of 1047.28 feet to a bolt found in a 3 inch pipe at a fence
516518 corner being a corner of the said Kelly Tract, the said McFarland
517519 Tract and a southeast corner of the Highland Ranch Estates Addition
518520 recorded in Plat Cabinet C, Sheet 378.
519521 THENCE North 00 degrees 46 minutes 19 seconds East for a
520522 distance of 378.24 feet to a corner which fell inside an old cedar
521523 fence corner being a northwest corner of the said Kelly Tract and an
522524 ell corner of the said addition.
523525 THENCE South 89 degrees 51 minutes 08 seconds East for a
524526 distance of 961.52 feet to a 1/2 inch iron rod found at a fence
525527 corner being an ell corner of the said Kelly Tract and a southeast
526528 corner of the said addition.
527529 THENCE North 00 degrees 08 minutes 52 seconds East for a
528530 distance of 104.30 feet to a corner which fell inside an old cedar
529531 fence corner being a northwest corner of the said Kelly Tract and a
530532 southwest corner of the Deer Run Addition recorded in Plat Cabinet
531533 B, Sheet 90.
532534 THENCE South 89 degrees 13 minutes 10 seconds East for a
533535 distance of 2729.65 feet to a 2 inch cap on a 5/8 inch iron rod set
534536 at an old cedar fence corner being a northeast corner of the said
535537 Kelly Tract and the northwest corner of the said Brown Tract on the
536538 south line of the said Deer Run Addition.
537539 THENCE South 00 degrees 53 minutes 31 seconds East for a
538540 distance of 2261.65 feet to the place of beginning.
539541 SECTION 3. (a) The legal notice of the intention to
540542 introduce this Act, setting forth the general substance of this
541543 Act, has been published as provided by law, and the notice and a
542544 copy of this Act have been furnished to all persons, agencies,
543545 officials, or entities to which they are required to be furnished
544546 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
545547 Government Code.
546548 (b) The governor, one of the required recipients, has
547549 submitted the notice and Act to the Texas Commission on
548550 Environmental Quality.
549551 (c) The Texas Commission on Environmental Quality has filed
550552 its recommendations relating to this Act with the governor,
551553 lieutenant governor, and speaker of the house of representatives
552554 within the required time.
553555 (d) All requirements of the constitution and laws of this
554556 state and the rules and procedures of the legislature with respect
555557 to the notice, introduction, and passage of this Act have been
556558 fulfilled and accomplished.
557559 SECTION 4. (a) Section 3996.0310, Special District Local
558560 Laws Code, as added by Section 1 of this Act, takes effect only if
559561 this Act receives a two-thirds vote of all the members elected to
560562 each house.
561563 (b) If this Act does not receive a two-thirds vote of all the
562564 members elected to each house, Subchapter C, Chapter 3996, Special
563565 District Local Laws Code, as added by Section 1 of this Act, is
564566 amended by adding Section 3996.0310 to read as follows:
565567 Sec. 3996.0310. NO EMINENT DOMAIN POWER. The district may
566568 not exercise the power of eminent domain.
567569 (c) This section is not intended to be an expression of a
568570 legislative interpretation of the requirements of Section 17(c),
569571 Article I, Texas Constitution.
570572 SECTION 5. This Act takes effect immediately if it receives
571573 a vote of two-thirds of all the members elected to each house, as
572574 provided by Section 39, Article III, Texas Constitution. If this
573575 Act does not receive the vote necessary for immediate effect, this
574576 Act takes effect September 1, 2021.
575577
576578 Pos. No. Name of Director
577579
578580 1 David Mckleroy
579581
580582 2 Kenner Link
581583
582584 3 Peter Madrala
583585
584586 4 Ian Hall
585587
586588 5 Brock Babb