Texas 2021 - 87th Regular

Texas House Bill HB4638 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4638
	1	+	By: Bucy (Senate Sponsor - Schwertner) H.B. No. 4638
	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. 4638 By: Menéndez
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5		-	relating to the creation of ~~certain~~ municipal management ~~districts;~~
6		-	providing authority to issue bonds; providing ~~authority to impose~~
7		-	assessments, fees, and taxes.
	13	+	relating to the creation of the Leander Municipal Management
	14	+	District No. 1; providing authority to issue bonds; providing
	15	+	authority to impose assessments, fees, and taxes.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	18		Code, is amended by adding Chapter 3918 to read as follows:
11	19		CHAPTER 3918. LEANDER MUNICIPAL MANAGEMENT DISTRICT NO. 1
12	20		SUBCHAPTER A. GENERAL PROVISIONS
13	21		Sec. 3918.0101. DEFINITIONS. In this chapter:
14	22		(1) "Board" means the district's board of directors.
15	23		(2) "City" means Leander.
16	24		(3) "Director" means a board member.
17	25		(4) "District" means the Leander Municipal Management
18	26		District No. 1.
19	27		Sec. 3918.0102. CREATION AND NATURE OF DISTRICT. The
20	28		Leander Municipal Management District No. 1 is a special district
21	29		created under Section 59, Article XVI, Texas Constitution.
22	30		Sec. 3918.0103. PURPOSE; LEGISLATIVE FINDINGS. (a) The
23	31		creation of the district is essential to accomplish the purposes of
24	32		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
25	33		Texas Constitution, and other public purposes stated in this
26	34		chapter.
27	35		(b) By creating the district and in authorizing the city and
28	36		other political subdivisions to contract with the district, the
29	37		legislature has established a program to accomplish the public
30	38		purposes set out in Section 52-a, Article III, Texas Constitution.
31	39		(c) The creation of the district is necessary to promote,
32	40		develop, encourage, and maintain employment, commerce,
33	41		transportation, tourism, recreation, the arts, entertainment,
34	42		economic development, safety, and the public welfare in the
35	43		district.
36	44		(d) This chapter and the creation of the district may not be
37	45		interpreted to relieve the city from providing the level of
38	46		services provided as of the effective date of the Act enacting this
39	47		chapter to the area in the district. The district is created to
40	48		supplement and not to supplant city services provided in the
41	49		district.
42	50		Sec. 3918.0104. FINDINGS OF BENEFIT AND PUBLIC USE. (a)
43	51		All land and other property included in the district will benefit
44	52		from the improvements and services to be provided by the district
45	53		under powers conferred by Sections 52 and 52-a, Article III, and
46	54		Section 59, Article XVI, Texas Constitution, and other powers
47	55		granted under this chapter.
48	56		(b) The district is created to serve a public use and
49	57		benefit.
50	58		(c) The creation of the district is in the public interest
51	59		and is essential to further the public purposes of:
52	60		(1) developing and diversifying the economy of the
53	61		state;
54	62		(2) eliminating unemployment and underemployment; and
55	63		(3) developing or expanding transportation and
56	64		commerce.
57	65		(d) The district will:
58	66		(1) promote the health, safety, and general welfare of
59	67		residents, employers, potential employees, employees, visitors,
60	68		and consumers in the district, and of the public;
61	69		(2) provide needed funding for the district to
62	70		preserve, maintain, and enhance the economic health and vitality of
63	71		the district territory as a community and business center;
64	72		(3) promote the health, safety, welfare, and enjoyment
65	73		of the public by providing pedestrian ways and by landscaping and
66	74		developing certain areas in the district, which are necessary for
67	75		the restoration, preservation, and enhancement of scenic beauty;
68	76		(4) provide for water, wastewater, drainage, road, and
69	77		recreational facilities for the district; and
70	78		(5) promote and secure expanded and improved
71	79		transportation and pedestrian facilities and systems designed to
72	80		benefit the land and property in the district, the employees,
73	81		employers, and consumers in the district, and the general public.
74	82		(e) Pedestrian ways along or across a street, whether at
75	83		grade or above or below the surface, and street lighting, street
76	84		landscaping, parking, and street art objects are parts of and
77	85		necessary components of road, transportation, and pedestrian
78	86		facilities and systems and are considered to be a street,
79	87		transportation, or pedestrian improvement.
80	88		(f) The district will not act as the agent or
81	89		instrumentality of any private interest even though the district
82	90		will benefit many private interests as well as the public.
83	91		Sec. 3918.0105. INITIAL DISTRICT TERRITORY. (a) The
84	92		district is initially composed of the territory described by
85	93		Section 2 of the Act enacting this chapter.
86	94		(b) The boundaries and field notes contained in Section 2 of
87	95		the Act enacting this chapter form a closure. A mistake in the
88	96		field notes or in copying the field notes in the legislative process
89	97		does not affect the district's:
90	98		(1) organization, existence, or validity;
91	99		(2) right to issue any type of bonds for the purposes
92	100		for which the district is created or to pay the principal of and
93	101		interest on the bonds;
94	102		(3) right to impose or collect an assessment or tax; or
95	103		(4) legality or operation.
96	104		Sec. 3918.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
97	105		All or any part of the area of the district is eligible to be
98	106		included in:
99	107		(1) a tax increment reinvestment zone created under
100	108		Chapter 311, Tax Code;
101	109		(2) a tax abatement reinvestment zone created under
102	110		Chapter 312, Tax Code; or
103	111		(3) an enterprise zone created under Chapter 2303,
104	112		Government Code.
105	113		Sec. 3918.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
106	114		DISTRICT LAW. Except as otherwise provided by this chapter,
107	115		Chapter 375, Local Government Code, applies to the district.
108	116		Sec. 3918.0108. LIMITED WAIVER OF SOVEREIGN IMMUNITY. The
109	117		district is considered to have waived sovereign immunity to suit by
110	118		the city for the purpose of adjudicating a claim for breach of the
111	119		development agreement described by Section 3918.0302.
112	120		Sec. 3918.0109. CONSTRUCTION OF CHAPTER. This chapter
113	121		shall be liberally construed in conformity with the findings and
114	122		purposes stated in this chapter.
115	123		Sec. 3918.0110. CONFLICT OF LAWS. In the event of a
116	124		conflict between this chapter and any other law, this chapter
117	125		prevails.
118	126		SUBCHAPTER B. BOARD OF DIRECTORS
119	127		Sec. 3918.0201. GOVERNING BODY; TERMS. (a) The district is
120	128		governed by a board of five directors who serve staggered terms of
121	129		four years with two or three directors' terms expiring June 1 after
122	130		the fourth anniversary of the date of the directors' appointment.
123	131		(b) The board may not create an executive committee to
124	132		exercise the powers of the board.
125	133		Sec. 3918.0202. QUALIFICATIONS OF DIRECTORS. To be
126	134		qualified to serve as a director, a person must be:
127	135		(1) an owner of property in the district;
128	136		(2) an owner of stock or a partnership or membership
129	137		interest, whether beneficial or otherwise, of a corporate owner of
130	138		an interest in property in the district;
131	139		(3) an owner of a beneficial interest in a trust, or a
132	140		trustee in a trust, that directly or indirectly owns property in the
133	141		district; or
134	142		(4) an agent, employee, or tenant of a person
135	143		described by Subdivision (1), (2), or (3).
136	144		Sec. 3918.0203. APPOINTMENT OF DIRECTORS. The governing
137	145		body of the city shall appoint directors from persons recommended
138	146		by the board.
139	147		Sec. 3918.0204. VACANCY. (a) If a vacancy occurs on the
140	148		board, the remaining directors shall appoint a director for the
141	149		remainder of the unexpired term.
142	150		(b) A director may resign from the board at any time.
143	151		Sec. 3918.0205. OFFICERS. The board shall elect from among
144	152		the directors a chair, a vice chair, and a secretary. The offices
145	153		of chair and secretary may not be held by the same person.
146	154		Sec. 3918.0206. COMPENSATION; EXPENSES. (a) A director
147	155		may not receive compensation for service on the board.
148	156		(b) A director is entitled to reimbursement for necessary
149	157		and reasonable expenses incurred in carrying out the duties and
150	158		responsibilities of the board. The total amount of expenses for
151	159		each director in one year may not exceed the amount approved by the
152	160		board and may not exceed the amount of expenses budgeted for a
153	161		member of the governing body of the city.
154	162		Sec. 3918.0207. LIABILITY INSURANCE. The district may
155	163		obtain and pay for comprehensive general liability insurance
156	164		coverage from a commercial insurance company or other source that
157	165		protects and insures a director against personal liability and from
158	166		all claims relating to:
159	167		(1) actions taken by the director in the director's
160	168		capacity as a member of the board;
161	169		(2) actions and activities taken by the district; or
162	170		(3) the actions of others acting on behalf of the
163	171		district.
164	172		Sec. 3918.0208. BOARD MEETINGS. (a) The board shall hold
165	173		meetings at a place accessible to the public.
166	174		(b) The board must post notice of each meeting with the city
167	175		secretary not later than 72 hours before the scheduled time of the
168	176		meeting.
169	177		Sec. 3918.0209. INITIAL DIRECTORS. (a) On or after January
170	178		1, 2022, the owner or owners of a majority of the assessed value of
171	179		real property in the district may submit a petition to the governing
172	180		body of the city requesting that the governing body appoint five
173	181		persons as initial directors from a list of persons in the district.
174	182		(b) A petition must name more than five qualified persons.
175	183		(c) The governing body shall appoint as initial directors
176	184		five persons listed in the petition who are qualified to serve as
177	185		directors.
178	186		(d) The initial directors shall determine by lot which three
179	187		positions expire June 1 following the second anniversary of the
180	188		date of the appointment and which two positions expire June 1
181	189		following the fourth anniversary of the date of the appointment.
182	190		(e) This section expires September 1, 2027.
183	191		SUBCHAPTER C. POWERS AND DUTIES
184	192		Sec. 3918.0301. GENERAL POWERS AND DUTIES. (a) The
185	193		district has the powers and duties necessary to accomplish the
186	194		purposes for which the district is created.
187	195		(b) The board may not take any action or exercise any power
188	196		granted under this chapter other than to hold an initial
189	197		organizational meeting until the development agreement described
190	198		by Section 3918.0302 is approved by the city and executed by the
191	199		parties to the agreement.
192	200		Sec. 3918.0302. DEVELOPMENT AGREEMENT. (a) The city, the
193	201		district, the owner of the majority of the land in the district, and
194	202		any other entities the city determines are necessary to the
195	203		agreement may execute a development agreement if approved by the
196	204		city.
197	205		(b) This chapter expires on the fourth anniversary of the
198	206		effective date of the Act enacting this chapter if the development
199	207		agreement under Subsection (a) is not executed before that date.
200	208		Sec. 3918.0303. IMPROVEMENT PROJECTS AND SERVICES. (a) The
201	209		district, using any money available to the district for the
202	210		purpose, may provide, design, construct, acquire, improve,
203	211		relocate, operate, maintain, or finance an improvement project or
204	212		service authorized under this chapter or Chapter 375, Local
205	213		Government Code.
206	214		(b) The district may contract with a governmental or private
207	215		entity to carry out an action under Subsection (a).
208	216		(c) The implementation of a district project or service is a
209	217		governmental function or service for the purposes of Chapter 791,
210	218		Government Code.
211	219		(d) A district improvement project or service must comply
212	220		with:
213	221		(1) any city zoning and subdivision requirements; and
214	222		(2) city codes and ordinances.
215	223		(e) The district may not provide, conduct, or authorize an
216	224		improvement project on any street, highway, right-of-way, or
217	225		easement owned or controlled by the city unless the governing body
218	226		of the city by resolution consents to the improvement.
219	227		Sec. 3918.0304. IMPROVEMENT PROJECT AND SERVICE IN
220	228		DEFINABLE AREA; BENEFIT BASIS. The district may undertake an
221	229		improvement project or service that confers a special benefit on a
222	230		definable area in the district and levy and collect a special
223	231		assessment on benefited property in the district in accordance with
224	232		Chapter 375, Local Government Code.
225	233		Sec. 3918.0305. LAW ENFORCEMENT SERVICES. To protect the
226	234		public interest, with the consent of the city by resolution, the
227	235		district may contract with a qualified party, including the city,
228	236		to provide supplemental and enhanced law enforcement and security
229	237		services in the district for a fee.
230	238		Sec. 3918.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
231	239		district, in coordination with the city, may engage in activities
232	240		that accomplish the economic development purposes of the district.
233	241		(b) The district may establish and provide for the
234	242		administration of one or more programs with the prior consent of the
235	243		governing body of the city in accordance with the development
236	244		agreement to promote state or local economic development and to
237	245		stimulate business and commercial activity in the district,
238	246		including programs to:
239	247		(1) make loans and grants of public money; and
240	248		(2) provide district personnel and services.
241	249		(c) The district may create economic development programs
242	250		and exercise the economic development powers that Chapter 380,
243	251		Local Government Code, and Subchapter A, Chapter 1509, Government
244	252		Code, provide to a municipality.
245	253		Sec. 3918.0307. PARKING FACILITIES. (a) The district may
246	254		acquire, lease as lessor or lessee, construct, develop, own,
247	255		operate, and maintain parking facilities or a system of parking
248	256		facilities, including lots, garages, parking terminals, or other
249	257		structures or accommodations for parking motor vehicles off the
250	258		streets and related appurtenances.
251	259		(b) The district's parking facilities serve the public
252	260		purposes of the district and are owned, used, and held for a public
253	261		purpose even if leased or operated by a private entity for a term of
254	262		years.
255	263		(c) The district's parking facilities are parts of and
256	264		necessary components of a street and are considered to be a street
257	265		or road improvement.
258	266		(d) The development and operation of the district's parking
259	267		facilities may be considered an economic development program.
260	268		Sec. 3918.0308. ADDING OR REMOVING TERRITORY. (a) The
261	269		board may add or remove territory as provided by Subchapter J,
262	270		Chapter 49, Water Code.
263	271		(b) The district may add or remove territory as described by
264	272		Subsection (a) only if the governing body of the city by ordinance
265	273		or resolution consents to the addition or removal.
266	274		Sec. 3918.0309. EXEMPT PROPERTY. The district may not
267	275		impose an impact fee, assessment, tax, or other charge on property
268	276		owned by the city, the county, or other political subdivision or on
269	277		property exempted under this section except as provided by
270	278		Subchapter H, Chapter 375, Local Government Code.
271	279		Sec. 3918.0310. NO EMINENT DOMAIN POWER. The district may
272	280		not exercise the power of eminent domain.
273	281		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
274	282		Sec. 3918.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. The
275	283		board by resolution with the prior consent of the governing body of
276	284		the city in accordance with the development agreement shall
277	285		establish the number of directors' signatures and the procedure
278	286		required for a disbursement or transfer of district money.
279	287		Sec. 3918.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
280	288		The board by resolution may impose and collect an assessment to
281	289		finance improvement projects and services authorized by this
282	290		chapter in all or any definable part of the district in the manner
283	291		provided by Subchapter F, Chapter 375, Local Government Code.
284	292		(b) An assessment, a reassessment, or an assessment
285	293		resulting from an addition to or correction of the assessment roll
286	294		by the district, penalties and interest on an assessment or
287	295		reassessment, an expense of collection, and reasonable attorney's
288	296		fees incurred by the district:
289	297		(1) are a first and prior lien against the property
290	298		assessed;
291	299		(2) are superior to any other lien or claim other than
292	300		a lien or claim for county, school district, or municipal ad valorem
293	301		taxes; and
294	302		(3) are the personal liability of and a charge against
295	303		the owners of the property even if the owners are not named in the
296	304		assessment proceedings.
297	305		(c) The lien is effective from the date of the board's
298	306		resolution imposing the assessment until the date the assessment is
299	307		paid. The board may enforce the lien in the same manner that the
300	308		board may enforce an ad valorem tax lien against real property.
301	309		(d) The board may make a correction to or deletion from the
302	310		assessment roll after providing notice and holding a hearing as
303	311		provided by Subchapter F, Chapter 375, Local Government Code.
304	312		Sec. 3918.0403. USE OF ELECTRICAL OR OPTICAL LINES. (a)
305	313		The district may impose an assessment to pay the cost of:
306	314		(1) burying, relocating, or removing electrical power
307	315		lines, telephone lines, cable or fiber-optic lines, or any other
308	316		type of electrical or optical line;
309	317		(2) removing poles and any elevated lines using the
310	318		poles; and
311	319		(3) reconnecting the lines described by Subdivision
312	320		(2) to the buildings or other improvements to which the lines were
313	321		connected.
314	322		(b) The assessment under Subsection (a) may not be imposed
315	323		on the property, including the equipment, rights-of-way,
316	324		easements, facilities, or improvements, of a telecommunications
317	325		provider as defined by Section 51.002, Utilities Code, or a cable
318	326		service provider or video service provider as defined by Section
319	327		66.002, Utilities Code, unless in accordance with an agreement with
320	328		the city.
321	329		(c) The district may acquire, operate, or charge fees for
322	330		the use of the district conduits for:
323	331		(1) another person's:
324	332		(A) telecommunications network;
325	333		(B) fiber-optic cable; or
326	334		(C) electronic transmission line; or
327	335		(2) any other type of transmission line or supporting
328	336		facility.
329	337		(d) The district may not require a person to use a district
330	338		conduit.
331	339		SUBCHAPTER E. TAXES AND BONDS
332	340		Sec. 3918.0501. BONDS AND OTHER OBLIGATIONS. With the
333	341		consent of the governing body of the city by resolution in
334	342		accordance with Section 375.207, Local Government Code, the
335	343		district may issue bonds, notes, or other obligations payable
336	344		wholly or partly from ad valorem taxes or assessments in the manner
337	345		provided by Chapter 375, Local Government Code.
338	346		Sec. 3918.0502. TAX ELECTION REQUIRED. The district must
339	347		hold an election in the manner provided by Chapter 49, Water Code,
340	348		or, if applicable, Chapter 375, Local Government Code, to obtain
341	349		voter approval before the district may impose an ad valorem tax.
342	350		Sec. 3918.0503. OPERATION AND MAINTENANCE TAX. (a) If
343	351		authorized by a majority of the district voters voting at an
344	352		election under Section 3918.0502, the district may impose an
345	353		operation and maintenance tax on taxable property in the district
346	354		in the manner provided by Section 49.107, Water Code, for any
347	355		district purpose, including to:
348	356		(1) maintain and operate the district;
349	357		(2) construct or acquire improvements; or
350	358		(3) provide a service.
351	359		(b) The board shall determine the operation and maintenance
352	360		tax rate. The rate may not exceed the rate approved at the
353	361		election.
354	362		Sec. 3918.0504. BONDS SECURED BY REVENUE OR CONTRACT
355	363		PAYMENTS. The district may issue, without an election, bonds
356	364		secured by:
357	365		(1) revenue other than ad valorem taxes, including
358	366		contract revenues; or
359	367		(2) contract payments, provided that the requirements
360	368		of Section 49.108, Water Code, have been met.
361	369		Sec. 3918.0505. BONDS SECURED BY AD VALOREM TAXES;
362	370		ELECTIONS. (a) If authorized at an election under Section
363	371		3918.0502, the district may issue bonds payable from ad valorem
364	372		taxes.
365	373		(b) Section 375.243, Local Government Code, does not apply
366	374		to the district.
367	375		(c) At the time the district issues bonds payable wholly or
368	376		partly from ad valorem taxes, the board shall provide for the annual
369	377		imposition of a continuing direct annual ad valorem tax, without
370	378		limit as to rate or amount, for each year that all or part of the
371	379		bonds are outstanding as required and in the manner provided by
372	380		Sections 54.601 and 54.602, Water Code.
373	381		(d) All or any part of any facilities or improvements that
374	382		may be acquired by a district by the issuance of its bonds may be
375	383		submitted as a single proposition or as several propositions to be
376	384		voted on at the election.
377	385		Sec. 3918.0506. WRITTEN AGREEMENT REGARDING SPECIAL
378	386		APPRAISALS. Before the district may issue bonds, the district and
379	387		any person to whom the board intends that proceeds of the bonds be
380	388		distributed, including the developer, another owner of land in the
381	389		district, and any entity acting as a lender to the developer or
382	390		other landowner for the purpose of a project relating to the
383	391		district, must enter into a written agreement that:
384	392		(1) waives for the term of the agreement the right to a
385	393		special appraisal with respect to taxation by the district under
386	394		Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and
387	395		(2) remains in effect for 30 years and is binding on
388	396		the parties, on entities related to or affiliated with the parties,
389	397		and on their successors and assignees.
390	398		Sec. 3918.0507. EXEMPTION FROM CERTAIN SUPERVISION AND
391	399		APPROVAL REQUIREMENTS. Section 375.208, Local Government Code,
392	400		does not apply to the district.
393	401		SUBCHAPTER J. DISSOLUTION
394	402		Sec. 3918.0901. DISSOLUTION BY CITY. (a) The city may
395	403		dissolve the district in the manner provided by Section 375.263,
396	404		Local Government Code, only if the city also complies with any
397	405		dissolution procedures in the development agreement described by
398	406		Section 3918.0302.
399	407		(b) In the case of a conflict between Section 375.263, Local
400	408		Government Code, and the development agreement, the development
401	409		agreement controls.
402	410		SECTION 2. The Leander Municipal Management District No. 1
403	411		initially includes all territory contained in the following area:
404	412		Being all of that certain tract or parcel of land containing
405	413		115.7076 acres, more or less, comprised of those three (3) certain
406	414		tracts of land containing 22.781 acres, more or less, our of the
407	415		William Mancil Survey, Abstract No. 437 in Leander, Williamson
408	416		County, Texas, more described by metes and bounds shown on Exhibit
409	417		"A-1" attached hereto; 47.5871 acres, more or less, in the Talbot
410	418		Chambers Survey, Abstract No. 125 in Leander, Williamson County,
411	419		Texas, more described by metes and bounds shown on Exhibit "A-2"
412	420		attached hereto; 47.3395 acres, more or less, in the Talbot
413	421		Chambers Survey, Abstract No. 125 in Leander, Williamson County,
414	422		Texas, more described by metes and bounds shown on Exhibit "A-3"
415	423		attached hereto
416	424		EXHIBIT A-1
417	425		Talbot Chambers Survey, Abstract No. 125
418	426		Legal Description
419	427		BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 47.5871 ACRES
420	428		(2,072,892 SQUARE FEET) OUT OF THE TALBOT CHAMBERS SURVEY, ABSTRACT
421	429		NO. 125, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED
422	430		269.836 ACRE TRACT CONVEYED TO RB 270 PARTNERSHIP, RECORDED IN
423	431		DOCUMENT NO. 2004036768 OF THE OFFICIAL PUBLIC RECORDS OF
424	432		WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), SAID 47.5871 ACRES BEING
425	433		MORE PARTICULARLY DESCRIBED BY METES AND AS FOLLOWS:
426	434		BEGINNING, at a 1/2-inch iron rod with "Ward-5811" cap found in the
427	435		curving east right-of-way line of Mel Mathis Boulevard
428	436		(right-of-way varies), and being the southwest corner of a called
429	437		9.850 acre tract conveyed to Area Leander 1 LP, recorded in Document
430	438		No. 2016069577 (O.P.R.W.C.T.) and being in the north line of said
431	439		269.836 acre tract, for the northwest corner and POINT OF BEGINNING
432	440		hereof, from which a 1/2-inch iron rod with "Ward-5811" cap found at
433	441		point of tangency in the east right-of-way line of said Mel Mathis
434	442		Boulevard, and being in the west line of said 9.850 acre Area
435	443		Leander 1 LP tract, bears, 24.13 feet along the arc of a curve to the
436	444		right, having a radius of 999.00 feet, and whose chord bears
437	445		N18°36'59"W, a distance of 24.13 feet;
438	446		THENCE, leaving the east right-of-way line of said Mel Mathis
439	447		Boulevard, with the north line of said 269.836 acre RB 270
440	448		Partnership tract and the south line of said 9.850 acre Area Leander
441	449		1 LP tract, the following three (3) courses and distances:
442	450		1) N70°42'41"E, a distance of 938.70 feet to a 1/2-inch iron
443	451		rod found for an angle point hereof,
444	452		2) N70°36'57"E, a distance of 53.16 feet to a 1/2-inch iron
445	453		rod found for an angle point hereof, and
446	454		3) N71°20'07"E, a distance of 79.42 feet to a 1/2-inch iron
447	455		rod found for the northeast corner hereof, said point being the
448	456		southeast corner of said 9.850 acre Area Leander 1 LP tract, and
449	457		being in the north line of said 269.836 acre RB 270 Partnership
450	458		tract, and being in the west right-of-way line of US Highway 183A
451	459		(400' right-of-way, conveyed in Document No(s). 2004068741 and
452	460		2004088731 (O.P.R.W.C.T.);
453	461		THENCE, leaving the north line of said 269.836 acre RB 270
454	462		Partnership tract, with the west right-of-way line of said US
455	463		Highway 183A, over and across said 269.836 acre RB 270 Partnership
456	464		tract, S56°03'41"E, passing at a distance of 524.73 feet a TxDOT
457	465		Type II Brass Disc Monument with "CTRMA" stamp found, and
458	466		continuing for a total distance of 1,299.85 feet to a 1/2-inch iron
459	467		rod with "KHA" cap found for the southeast corner hereof, said point
460	468		being the northeast corner of a called 100.000 acre tract, conveyed
461	469		to Austin Community College District recorded in Document
462	470		No. 2010030836 (O.P.R.W.C.T.), from which a TxDOT Type II Brass
463	471		Disc Monument with "CTRMA" stamp found at a point of curvature in
464	472		the west right-of-way line of said US Highway 183A, and being in the
465	473		east line of said 100.000 acre Austin Community College District
466	474		tract bears, S56°03'41"E, a distance of 724.81 feet;
467	475		THENCE, over and across said 269.836 acre RB 270 Partnership tract,
468	476		with the north line of said 100.000 acre Austin Community College
469	477		District tract, the following three (3) courses and distances:
470	478		1) S33°55'23"W, a distance of 371.76 feet to a 5/8-inch iron
471	479		rod with aluminum "MWM" cap found for a point of curvature hereof,
472	480		2) 390.32 feet along the arc or a curve to the right, having
473	481		a radius of 630.00 feet, and whose chord bears S51°42'47"W, a
474	482		distance of 384.11 feet to a 5/8-inch iron rod with aluminum "MWM"
475	483		cap found for a point of tangency hereof, and
476	484		3) S69°24'42"W, a distance of 1,157.38 feet to a 1/2-inch
477	485		iron rod with "Ward-5811" cap set for the southwest corner hereof,
478	486		said point being the northwest corner of said 100.000 acre Austin
479	487		Community College District tract, and being in the east
480	488		right-of-way line of said Mel Mathis Boulevard;
481	489		THENCE, over and across said 269.836 acre RB 270 Partnership tract,
482	490		with the east right-of-way line of said Mel Mathis Boulevard, and
483	491		the west line of the herein described tract the following two (2)
484	492		courses and distances:
485	493		1) N20°34'14"W, a distance of 1,393.85 feet to a 1/2-inch
486	494		iron rod with "Ward-5811" cap set for a point of curvature hereof,
487	495		and
488	496		2) 22.41 along the arc of a curve to the right, having a
489	497		radius of 999.00 feet, and whose chord bears N19°55'40"W, a distance
490	498		of 22.41 feet to the POINT OF BEGINNING, and containing 47.5871
491	499		Acres (2,072,892 Square Feet) more or less.
492	500		NOTE:
493	501		All bearings are based on the Texas State Plane Coordinate System,
494	502		Grid North, Central Zone (4203), all distances were adjusted to
495	503		surface using a combined scale factor of 1.000138805545. See
496	504		attached sketch (reference drawing: 00508 47 Acre Tract.dwg)
497	505		EXHIBIT A-2
498	506		DOROTHY R. WINTERS EXEMPT FAMILY TRUST
499	507		WILLIAM MANCIL SURVEY, ASTRACT NO. 437
500	508		22.781 ACRES (992,343 SQ. FT.)
501	509		DESCRIPTION OF 22.781 ACRES (992,343 SQ. FT.) OF LAND SITUATED IN
502	510		WILLIAMSON COUNTY, TEXAS, OUT OF THE WILLIAM MANCIL SURVEY, ASTRACT
503	511		NO. 437, BEING A PORTION OF A 159.838 ACRE TRACT DESCRIBED IN A DEED
504	512		OF RECORD TO DOROTHY R. WINTERS EXEMPT FAMILY TRUST IN DOCUMENT NO.
505	513		2014021295 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
506	514		TEXAS; SAID 22.781 ACRES (992,343 SQ. FT.), BEING TWO TRACTS OF LAND
507	515		MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
508	516		TRACT 1:
509	517		BEGINNING at a 1/2" iron rod found in the easterly line of a 100 foot
510	518		wide right-of-way for railroad purposes, quitclaimed to the City of
511	519		Austin by deed of record in Volume 1417, Page 282, Official Records
512	520		of Williamson County, Texas, same being the westerly line of said
513	521		159.838 Acre Tract, at the southwesterly corner of a 3.733 acre
514	522		tract conveyed to Williamson County, Texas for street right-of-way
515	523		purposes (San Gabriel Parkway - R.O.W. width varies) by deed of
516	524		record in Document No. 2004068740, Official Public Records of
517	525		Williamson County, Texas, for the northwesterly corner of the
518	526		herein described tract;
519	527		THENCE over and across said 159.838 Acre Tract, with the southerly
520	528		line of said 3.733 Acre Tract, same being the northerly line of the
521	529		herein described tract the following two (2) courses:
522	530		1. N71°51'31"E, a distance of 261.37 feet to a 1/2" iron rod
523	531		found;
524	532		2. N71°29'44"E, a distance of 843.54 feet to an iron rod with
525	533		cap found at the most westerly corner of a 163 square foot tract
526	534		conveyed to Williamson County, Texas for street right-of-way
527	535		purposes (San Gabriel Parkway R.O.W. width varies) by deed of
528	536		record in Document No. 2010082651, Official Public Records of
529	537		Williamson County, Texas;
530	538		THENCE N72°06'36"E, continuing over and across said 159.838 Acre
531	539		Tract with the southerly line of said 163 square foot tract, same
532	540		being the northerly line of the herein described tract, a distance
533	541		of 81.22 feet to an iron rod with cap found in the westerly line of a
534	542		2.124 acre tract conveyed to Williamson County, Texas for street
535	543		right-of-way purposes (San Gabriel Parkway - R.O.W. width varies)
536	544		by deed of record in Document No. 2006066934, Official Public
537	545		Records of Williamson County, Texas, at the southwesterly corner of
538	546		said 163 Square Foot Tract;
539	547		THENCE continuing over and across said 159.838 Acre Tract with the
540	548		westerly and southerly lines of said 2.124 Acre Tract, same being
541	549		the northerly line of the herein described tract the following two
542	550		(2) courses:
543	551		1. S16°45'56"E, a distance of 8.41 feet to a cotton spindle
544	552		found at the southwesterly corner of said 2.124 Acre Tract ;
545	553		2. N69°57'17"E, a distance of 39.44 feet to an iron rod with
546	554		G&R Cap set at the northwesterly corner of a 0.821 acre tract
547	555		conveyed to The City of Leander, Texas for street right-of-way
548	556		purposes (Mel Mathis Avenue-80' R.O.W.) by deed of record in
549	557		Document No. 2012077074, Official Public Records of Williamson
550	558		County, Texas, for the northeasterly corner of the herein described
551	559		tract;
552	560		THENCE continuing over and across said 159.838 Acre Tract with the
553	561		westerly line of said 0.821 Acre Tract, same being the easterly line
554	562		of the herein described tract the following two (2) courses:
555	563		1. S71°55'56"E, a distance of 420.33 feet to an iron rod with
556	564		G&R Cap set at the point of curvature of a curve to the left;
557	565		2. Along said curve to the left, having a radius of 1079.00
558	566		feet, an arc length of 25.93 feet and a chord which bears
559	567		S18°37'14"E, a distance of 25.93 feet to an iron rod with G&R Cap set
560	568		in the northerly line of a 269.836 acre tract described in a deed of
561	569		record to RB 270 Partnership in Document No. 2004036768, Official
562	570		Public Records of Williamson County Texas, same being the southerly
563	571		line of said 159.838 Acre Tract, for the southeasterly corner of the
564	572		herein described tract;
565	573		THENCE with the southerly line of said 159.838 Acre Tract, same
566	574		being in part the northerly line of said 269.836 Acre Tract and in
567	575		part the northerly line of Lot 2, San Gabriel Park, a subdivision of
568	576		record in Cabinet Y. Slides 364-367, Plat Records of Williamson
569	577		County Texas, the following five (5) courses:
570	578		1. S70°42'59"W, a distance of 3.13 feet to an iron rod with
571	579		G&R Cap set at the common northerly corner of said 269.836 Acre
572	580		Tract and said Lot 2;
573	581		2. S71°12'01"W, a distance of 61.83 feet to a 1/2" iron rod
574	582		found;
575	583		3. S69°02'16"W, a distance of 90.38 feet to a 1/2" iron rod
576	584		found;
577	585		4. S70°43'16"W a distance of 728.63 feet to a 1/2" iron rod
578	586		found;
579	587		5. S70°11'21"W, a distance of 314.93 feet to a 1/2" iron rod
580	588		found in the easterly line of said 100 foot wide right-of-way for
581	589		railroad purposes and the westerly line of said 159.838 Acre Tract,
582	590		for the southwesterly corner of the herein described tract;
583	591		THENCE N21°11'57"W, with the common line of said 100 foot wide
584	592		right-of-way for railroad purposes and said 159.838 Acre Tract, a
585	593		distance of 477.91 feet to the POINT OF BEGINNING, containing an
586	594		area of 12.931 acres (563,261 sq. ft.) of land, more or less.
587	595		TRACT 2:
588	596		BEGINNING at a cotton spindle found in the westerly line of a 24.697
589	597		acre tract, conveyed to Williamson County, Texas for Highway 183-A
590	598		right-of-way purposes (400' R.O.W.) by deed of record in Document
591	599		No. 2004068741, Official Public Records of Williamson County,
592	600		Texas, for the northeasterly corner of the herein described tract;
593	601		THENCE S56°04'40"E, over and across said 159.818 Acre Tract, with
594	602		the westerly line of said 24.697 Acre Tract, same being the easterly
595	603		line of the herein described tract, a distance of 712.18 feet to a
596	604		1/2" iron rod found in northerly line of a 269.836 acre tract
597	605		described in a deed of record to RB 270 Partnership in Document No.
598	606		2004036768, Official Public Records of Williamson County Texas, for
599	607		the southeasterly corner of the herein described tract;
600	608		THENCE with the common line of said 159.838 Acre Tract and said
601	609		269.836 Acre Tract the following three (3) courses:
602	610		1. S71°18'14"W, a distance of 79.46 feet to a 1/2" iron rod
603	611		found;
604	612		2. S70°37'32"W, a distance of 53.16 feet to a 1/2" iron rod
605	613		found;
606	614		3. S70°42'59°W, a distance of 938.59 feet to an iron rod with
607	615		G&R Cap set at the southeasterly corner of a 0.821 acre tract
608	616		conveyed to The City of Leander, Texas for street right-of-way
609	617		purposes (Mel Mathis Avenue - 80' R.O.W.) by deed of record in
610	618		Document No. 2012077074, Official Public Records of Williamson
611	619		County, Texas, for the southwesterly corner of the herein described
612	620		tract;
613	621		THENCE leaving the common line of said 159.838 Acre Tract and said
614	622		269.836 Acre Tract and continuing over and across said 159.838 Acre
615	623		Tract with the easterly line of said 0.821 Acre Tract, same being
616	624		the westerly line of the herein described tract, the following two
617	625		(2) courses:
618	626		1. Along a curve to the right, having a radius of 999.00
619	627		feet, an arc length of 24.05 feet and a chord which bears
620	628		N18°37'19"W, a distance of 24.05 feet to an iron rod with G&R Cap set
621	629		at the end of said curve
622	630		2. N17°55'56"W, a distance of 423.28 feet to an iron rod with
623	631		G&R Cap set in the southerly line of a 2.124 acre tract conveyed to
624	632		Williamson County, Texas for street right-of-way purposes (San
625	633		Gabriel Parkway - R.O.W. width varies) by deed of record in Document
626	634		No. 2006066934, Official Public Records of Williamson County,
627	635		Texas, for the northwesterly corner of the herein described tract;
628	636		THENCE N69°57'17"E, continuing over and across said 159.838 Acre
629	637		Tract with the southerly line of said 2.124 Acre Tract, same being
630	638		the northerly line of the herein described tract, a distance of
631	639		115.16 feet to an iron rod with cap found at the southwesterly
632	640		corner of a 0.808 acre tract conveyed to Williamson County, Texas
633	641		for street right-of-way purposes (San Gabriel Parkway - R.O.W.
634	642		width varies) by deed of record in Document No. 2010082651,
635	643		Official Public Records of Williamson County, Texas;
636	644		THENCE continuing over and across said 159.838 Acre Tract with the
637	645		southerly line of said 0.808 Acre Tract, same being the northerly
638	646		line of the herein described tract, the following two (2) courses:
639	647		1. Along a curve to the left, having a radius of 1113.00
640	648		feet, an arc length of 444.24 feet and a chord which bears
641	649		N59°35'56"E, a distance of 441.30 feet to an iron rod with cap found
642	650		at the end of said curve;
643	651		2. N48°11'55"E, a distance of 93.35 feet to the POINT OF
644	652		BEGINNING, containing an area of 9.850 (429,082 sq. ft.) acres of
645	653		land, more or less. FOR A TOTAL AREA OF 22.781 (992,343 SQ. FT.)
646	654		ACRES OF LAND WITHIN TRACTS 1 AND 2.
647	655		EXHIBIT A-3
648	656		Talbot Chambers Survey, Abstract No. 125
649	657		Legal Description
650	658		BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 45.3395 ACRES
651	659		(1,974,990 SQUARE FEET) OUT OF THE TALBOT CHAMBERS SURVEY, ABSTRACT
652	660		NO. 125, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, SAN
653	661		GABRIEL PARK, A SUBDIVISION RECORDED IN CABINET Y, SLIDES 364-367
654	662		OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.), SAID
655	663		45.3395 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND AS
656	664		FOLLOWS:
657	665		BEGINNING, at a 1/2-inch iron rod found in the east right-of-way
658	666		line of the Capital Metropolitan Transportation Authority Railroad
659	667		(100' right-of-way), conveyed in Document No. 2000020773 of the
660	668		Official Public Records of Williamson County, Texas
661	669		(O.P.R.W.C.T.), being the southwest corner of a called 12.931 acre
662	670		tract conveyed to Area Leander 1, L.P. in Document No. 2016069577
663	671		(O.P.R.W.C.T.), and being the northwest corner of said Lot 2, for
664	672		the northwest corner hereof, from which a 1/2-inch iron rod found at
665	673		the intersection of the south right-of-way line of San Gabriel
666	674		Parkway (right-of-way width varies), partially dedicated in
667	675		Document No. 2004068740 (O.P.R.W.C.T.), and the east right-of-way
668	676		line of said Railroad, bears N21°12'43"W, a distance of 477.90 feet;
669	677		THENCE, leaving the east right-of-way line of said Railroad, with
670	678		the common line of said 12.931 acre tract and said Lot 2, the
671	679		following four (4) courses and distances:
672	680		1) N70°11'45"E, a distance of 314.90 feet to a 1/2-inch iron
673	681		rod found for an angle point hereof,
674	682		2) N70°43'28"E, a distance of 728.71 feet to a 1/2-inch iron
675	683		rod found for an angle point hereof,
676	684		3) N69°06'10"E, a distance of 90.47 feet to a 1/2-inch iron
677	685		rod found for an angle point hereof, and
678	686		4) N71°06'42"E, a distance of 61.67 feet to a 1/2-inch iron
679	687		rod with "Ward-5811" cap set for the northeast corner hereof, being
680	688		an angle point in the west right-of-way line of Mel Mathis Boulevard
681	689		(right-of-way width varies), partially dedicated in Document
682	690		No. 2014077239 (O.P.R.W.C.T.), and being the northeast corner of
683	691		said Lot 2;
684	692		THENCE, with the west right-of-way line of said Mel Mathis
685	693		Boulevard and the east line of said Lot 2, the following three (3)
686	694		courses and distances:
687	695		1) S20°36'40"E, a distance of 1,117.48 feet to a 1/2-inch
688	696		iron rod with "Ward-5811" cap set for an angle point hereof,
689	697		2) S20°26'00"E, a distance of 27.68 feet to a 1/2-inch iron
690	698		rod with "Ward-5811" cap set for an angle point hereof, and
691	699		3) S20°29'52"E, a distance of 128.25 feet to a 1/2-inch iron
692	700		rod with "Ward-5811" cap set for an angle point hereof;
693	701		THENCE, with the east line of said Lot 2, in part being the west
694	702		right-of-way line of Mel Mathis Boulevard, and in part being the
695	703		west line of a called 3.827 acre tract conveyed to the City of
696	704		Leander, Texas in Document No. 2014005725 (O.P.R.W.C.T.),
697	705		S20°28'10"E, a distance of 493.39 feet to a 1/2-inch iron rod with
698	706		"Ward-5811" cap set for an angle point hereof and being an angle
699	707		point in the common line of said Lot 2 and said 3.827 acre tract;
700	708		THENCE, continuing with the common line of said Lot 2 and said 3.827
701	709		acre tract, the following seven (7) courses and distances:
702	710		1) S22°49'04"E, a distance of 50.01 feet to a 1/2-inch iron
703	711		rod with "Ward-5811" cap set for an angle point hereof,
704	712		2) S16°12'32"E, a distance of 67.74 feet to a 1/2-inch iron
705	713		rod with "Ward-5811" cap set for an angle point hereof,
706	714		3) S21°18'20"E, a distance of 61.32 feet to a 1/2-inch iron
707	715		rod with "Ward-5811" cap set for an angle point hereof,
708	716		4) S20°56'16"E, a distance of 136.77 feet to a 1/2-inch iron
709	717		rod with "Ward-5811" cap set for an angle point hereof
710	718		5) S21°13'59"E, a distance of 70.93 feet to a 1/2-inch iron
711	719		rod with "Ward-5811" cap set for an angle point hereof,
712	720		6) S25°02'37"E, a distance of 366.51 feet to a Mag nail with
713	721		"4Ward Boundary" washer set for an angle point hereof, and
714	722		7) S24°25'23"W, a distance of 17.00 feet to a calculated
715	723		point for southeast corner hereof, from which a 1/2-inch iron rod
716	724		found for an angle point in the common line of said Lot 2 and said
717	725		3.827 acre tract bears S24°25'23"W, a distance of 33.09 feet;
718	726		THENCE, over and across said Lot 2, the following twenty-five (25)
719	727		courses and distances:
720	728		1) N50°07'41"W, a distance of 60.74 feet to a calculated
721	729		point for an angle point hereof,
722	730		2) N73°38'59"W, a distance of 66.59 feet to a calculated
723	731		point for an angle point hereof,
724	732		3) N01°56'09"E, a distance of 123.08 feet to a calculated
725	733		point for an angle point hereof,
726	734		4) N57°13'47"W, a distance of 201.97 feet to a calculated
727	735		point for an angle point hereof,
728	736		5) N26°00'29"W, a distance of 171.59 feet to a calculated
729	737		point for an angle point hereof,
730	738		6) N54°28'17"W, a distance of 188.91 feet to a calculated
731	739		point for an angle point hereof,
732	740		7) N64°34'23"W, a distance of 73.26 feet to a calculated
733	741		point for an angle point hereof,
734	742		8) S70°35'47"W, a distance of 116.88 feet to a calculated
735	743		point for an angle point hereof,
736	744		9) N85°17'49"W, a distance of 101.63 feet to a calculated
737	745		point for an angle point hereof,
738	746		10) N64°04'31"W, a distance of 40.75 feet to a calculated
739	747		point for an angle point hereof,
740	748		11) N23°03'16"W, a distance of 40.58 feet to a calculated
741	749		point for an angle point hereof,
742	750		12) N23°06'23"E, a distance of 108.63 feet to a calculated
743	751		point for an angle point hereof,
744	752		13) N38°35'17"W, a distance of 36.64 feet to a calculated
745	753		point for an angle point hereof,
746	754		14) N82°04'13"W, a distance of 84.65 feet to a calculated
747	755		point for an angle point hereof,
748	756		15) N67°25'14"W, a distance of 33.59 feet to a calculated
749	757		point for an angle point hereof,
750	758		16) N28°42'54"W, a distance of 32.70 feet to a calculated
751	759		point for an angle point hereof,
752	760		17) N66°18'33"W, a distance of 60.73 feet to a calculated
753	761		point for an angle point hereof,
754	762		18) S58°21'10"W, a distance of 86.21 feet to a calculated
755	763		point for an angle point hereof,
756	764		19) S46°19'59"W, a distance of 131.18 feet to a calculated
757	765		point for an angle point hereof,
758	766		20) S57°26'06"W, a distance of 63.53 feet to a calculated
759	767		point for an angle point hereof,
760	768		21) N80°03`30"W, a distance of 169.03 feet to a calculated
761	769		point for an angle point hereof,
762	770		22) N51°26'55"W, a distance of 123.90 feet to a calculated
763	771		point for an angle point hereof,
764	772		23) N35°13'10"W, a distance of 149.36 feet to a calculated
765	773		point for an angle point hereof,
766	774		24) N18°38'44"W, a distance of 183.61 feet to a calculated
767	775		point for an angle point hereof,
768	776		25) N32°05'59"W, a distance of 222.61 feet to a calculated
769	777		point for an angle point hereof, said point being in the east
770	778		right-of-way line of said Railroad, and being in the west line of
771	779		said Lot 2, from which a 1/2-inch iron rod with "Ward-5811" cap set
772	780		in the common line of said Lot 2 and said Railroad, for the
773	781		northwest corner of a called 0.548 acre right-of-way dedication
774	782		conveyed in Document No. 2014003534 (O.P.R.W.C.T.), bears
775	783		S21°06'14"E, a distance of 930.19 feet;
776	784		THENCE, with the east right-of-way line of said Railroad and the
777	785		west line of said Lot 2, N21°06'14"W, a distance of 779.40 feet to
778	786		the POINT OF BEGINNING, and containing 45.3395 Acres (1,974,990
779	787		Square Feet) more or less.
780		-	SECTION 3. (a) Subtitle C, Title 4, Special District Local
781		-	Laws Code, is amended by adding Chapter 3992 to read as follows:
782		-	CHAPTER 3992. NEW WAVERLY MUNICIPAL MANAGEMENT DISTRICT NO. 1
783		-	SUBCHAPTER A. GENERAL PROVISIONS
784		-	Sec. 3992.0101. DEFINITIONS. In this chapter:
785		-	(1) "Board" means the district's board of directors.
786		-	(2) "City" means the City of New Waverly, Texas.
787		-	(3) "Commission" means the Texas Commission on
	788	+	SECTION 3. (a) The legal notice of the intention to
	789	+	introduce this Act, setting forth the general substance of this
	790	+	Act, has been published as provided by law, and the notice and a
	791	+	copy of this Act have been furnished to all persons, agencies,
	792	+	officials, or entities to which they are required to be furnished
	793	+	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
	794	+	Government Code.
	795	+	(b) The governor, one of the required recipients, has
	796	+	submitted the notice and Act to the Texas Commission on
788	797		Environmental Quality.
789		-	(4) "Director" means a board member.
790		-	(5) "District" means the New Waverly Municipal
791		-	Management District No. 1.
792		-	Sec. 3992.0102. CREATION AND NATURE OF DISTRICT. The
793		-	district is a special district created under Sections 52 and 52-a,
794		-	Article III, and Section 59, Article XVI, Texas Constitution.
795		-	Sec. 3992.0103. PURPOSE; LEGISLATIVE FINDINGS. (a) The
796		-	creation of the district is essential to accomplish the purposes of
797		-	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
798		-	Texas Constitution, and other public purposes stated in this
799		-	chapter. By creating the district and in authorizing the city and
800		-	other political subdivisions to contract with the district, the
801		-	legislature has established a program to accomplish the public
802		-	purposes set out in Section 52-a, Article III, Texas Constitution.
803		-	(b) The creation of the district is necessary to promote,
804		-	develop, encourage, and maintain employment, commerce,
805		-	transportation, housing, tourism, recreation, the arts,
806		-	entertainment, economic development, safety, and the public
807		-	welfare in the district.
808		-	(c) This chapter and the creation of the district may not be
809		-	interpreted to relieve the city from providing the level of
810		-	services provided to the area in the district as of the effective
811		-	date of the Act enacting this chapter. The district is created to
812		-	supplement and not to supplant the city services provided in the
813		-	district.
814		-	Sec. 3992.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
815		-	(a) The district is created to serve a public use and benefit.
816		-	(b) All land and other property included in the district
817		-	will benefit from the improvements and services to be provided by
818		-	the district under powers conferred by Sections 52 and 52-a,
819		-	Article III, and Section 59, Article XVI, Texas Constitution, and
820		-	other powers granted under this chapter.
821		-	(c) The district is created to accomplish the purposes of a
822		-	municipal management district as provided by general law and
823		-	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
824		-	Texas Constitution.
825		-	(d) The creation of the district is in the public interest
826		-	and is essential to:
827		-	(1) further the public purposes of developing and
828		-	diversifying the economy of the state;
829		-	(2) eliminate unemployment and underemployment;
830		-	(3) develop or expand transportation and commerce; and
831		-	(4) provide quality residential housing.
832		-	(e) The district will:
833		-	(1) promote the health, safety, and general welfare of
834		-	residents, employers, potential employees, employees, visitors,
835		-	and consumers in the district, and of the public;
836		-	(2) provide needed funding for the district to
837		-	preserve, maintain, and enhance the economic health and vitality of
838		-	the district territory as a community and business center;
839		-	(3) promote the health, safety, welfare, and enjoyment
840		-	of the public by providing pedestrian ways and by landscaping and
841		-	developing certain areas in the district, which are necessary for
842		-	the restoration, preservation, and enhancement of scenic beauty;
843		-	and
844		-	(4) provide for water, wastewater, drainage, road, and
845		-	recreational facilities for the district.
846		-	(f) Pedestrian ways along or across a street, whether at
847		-	grade or above or below the surface, and street lighting, street
848		-	landscaping, parking, and street art objects are parts of and
849		-	necessary components of a street and are considered to be a street
850		-	or road improvement.
851		-	(g) The district will not act as the agent or
852		-	instrumentality of any private interest even though the district
853		-	will benefit many private interests as well as the public.
854		-	Sec. 3992.0105. DISTRICT TERRITORY. (a) The district is
855		-	composed of the territory described by Section 3(b) of the Act
856		-	enacting this chapter, as that territory may have been modified
857		-	under other law.
858		-	(b) The boundaries and field notes contained in Section 3(b)
859		-	of the Act enacting this chapter form a closure. A mistake in the
860		-	field notes or in copying the field notes in the legislative process
861		-	does not affect the district's:
862		-	(1) organization, existence, or validity;
863		-	(2) right to contract;
864		-	(3) authority to borrow money or issue bonds or other
865		-	obligations or to pay the principal and interest of the bonds or
866		-	other obligations;
867		-	(4) right to impose or collect an assessment, or
868		-	collect other revenue; or
869		-	(5) legality or operation.
870		-	Sec. 3992.0106. APPLICABILITY OF MUNICIPAL MANAGEMENT
871		-	DISTRICTS LAW. Except as otherwise provided by this chapter,
872		-	Chapter 375, Local Government Code, applies to the district.
873		-	Sec. 3992.0107. CONSTRUCTION OF CHAPTER. This chapter
874		-	shall be liberally construed in conformity with the findings and
875		-	purposes stated in this chapter.
876		-	Sec. 3992.0108. CONFLICTS OF LAW. This chapter prevails
877		-	over any provision of Chapter 375, Local Government Code, that is in
878		-	conflict or inconsistent with this chapter.
879		-	Sec. 3992.0109. CONSENT OF MUNICIPALITY REQUIRED. The
880		-	board may not hold an election to authorize the issuance of bonds
881		-	until the governing body of the city by ordinance or resolution
882		-	consents to the creation of the district and to the inclusion of
883		-	land in the district. The city's consent must be granted in the
884		-	manner provided by Section 54.016, Water Code, for including land
885		-	within the corporate limits or extraterritorial jurisdiction of a
886		-	city.
887		-	SUBCHAPTER B. BOARD OF DIRECTORS
888		-	Sec. 3992.0201. GOVERNING BODY; TERMS. (a) The district is
889		-	governed by a board of five directors who serve staggered terms of
890		-	four years, with two or three directors' terms expiring June 1 of
891		-	each even-numbered year.
892		-	(b) The governing body of the city, by a majority vote,
893		-	shall appoint one member of the board.
894		-	(c) The commission shall appoint four members of the board
895		-	in the manner provided by Section 3992.0202.
896		-	Sec. 3992.0202. APPOINTMENT BY COMMISSION. (a) Before the
897		-	term of a director appointed by the commission expires, the board
898		-	shall recommend to the commission a person to serve as a successor
899		-	director. The commission shall appoint as director the person
900		-	recommended by the board.
901		-	(b) A person recommended by the board under Subsection (a)
902		-	must be:
903		-	(1) at least 18 years of age;
904		-	(2) an owner of property in the district;
905		-	(3) an owner of stock, whether beneficial or
906		-	otherwise, of a corporate owner of property in the district;
907		-	(4) an owner of a beneficial interest in a trust that
908		-	owns property in the district; or
909		-	(5) an agent, employee, or tenant of a person
910		-	described by Subdivision (2), (3), or (4).
911		-	Sec. 3992.0203. VACANCY. (a) Except as provided by
912		-	Subsection (b), if a vacancy occurs on the board, the remaining
913		-	directors shall appoint a director for the remainder of the
914		-	unexpired term.
915		-	(b) If a vacancy occurs in the position of the board member
916		-	appointed by the city, the city shall appoint a director for the
917		-	remainder of the unexpired term.
918		-	Sec. 3992.0204. COMPENSATION; EXPENSES. (a) The district
919		-	may compensate each director in an amount not to exceed $150 for
920		-	each board meeting. The total amount of compensation a director may
921		-	receive each year may not exceed $7,200.
922		-	(b) A director is entitled to reimbursement for necessary
923		-	and reasonable expenses incurred in carrying out the duties and
924		-	responsibilities of the board.
925		-	Sec. 3992.0205. INITIAL DIRECTORS. (a) On or after the
926		-	effective date of the Act enacting this chapter, the owner or owners
927		-	of a majority of the assessed value of the real property in the
928		-	district according to the most recent certified tax appraisal rolls
929		-	for the county may submit a petition to the commission requesting
930		-	that the commission appoint as initial directors four persons named
931		-	in the petition. The commission shall appoint as initial directors
932		-	the persons named in the petition.
933		-	(b) The initial directors, including the initial
934		-	city-appointed director, shall determine by lot which three
935		-	positions expire June 1, 2024, and which two positions expire June
936		-	1, 2022.
937		-	(c) This section expires September 1, 2025.
938		-	SUBCHAPTER C. POWERS AND DUTIES
939		-	Sec. 3992.0301. GENERAL POWERS AND DUTIES. The district
940		-	has the powers and duties necessary to accomplish the purposes for
941		-	which the district is created.
942		-	Sec. 3992.0302. IMPROVEMENT PROJECTS AND SERVICES. The
943		-	district may provide, design, construct, acquire, improve,
944		-	relocate, operate, maintain, or finance an improvement project or
945		-	service using money available to the district for the purpose, or
946		-	contract with a governmental or private entity to provide, design,
947		-	construct, acquire, improve, relocate, operate, maintain, or
948		-	finance an improvement project or service authorized under this
949		-	chapter or Chapter 375, Local Government Code.
950		-	Sec. 3992.0303. LOCATION OF IMPROVEMENT PROJECT. A
951		-	district improvement project may be located inside or outside of
952		-	the district.
953		-	Sec. 3992.0304. NO EMINENT DOMAIN. The district may not
954		-	exercise the power of eminent domain.
955		-	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
956		-	Sec. 3992.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. The
957		-	board by resolution shall establish the number of directors'
958		-	signatures and the procedure required for a disbursement or
959		-	transfer of the district's money.
960		-	Sec. 3992.0402. MONEY USED FOR IMPROVEMENTS OR SERVICES.
961		-	The district may acquire, construct, or finance an improvement
962		-	project or service authorized by this chapter or Chapter 375, Local
963		-	Government Code, using any money available to the district for that
964		-	purpose.
965		-	SUBCHAPTER E. TAXES AND BONDS
966		-	Sec. 3992.0501. OPERATION AND MAINTENANCE TAX. The
967		-	district may impose an operation and maintenance tax on taxable
968		-	property in the district for any district purpose in the manner
969		-	provided by Section 49.107, Water Code, if authorized by a majority
970		-	of the district voters voting at an election held in accordance with
971		-	the Water Code, the Election Code, and any other applicable law,
972		-	including for:
973		-	(1) maintaining and operating the district;
974		-	(2) constructing or acquiring improvements; or
975		-	(3) providing a service.
976		-	Sec. 3992.0502. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
977		-	the time bonds or other obligations payable wholly or partly from ad
978		-	valorem taxes are issued:
979		-	(1) the board shall impose a continuing direct annual
980		-	ad valorem tax for each year that all or part of the bonds are
981		-	outstanding; and
982		-	(2) the board annually shall impose an ad valorem tax
983		-	on all taxable property in the district in an amount sufficient to:
984		-	(A) pay the interest on the bonds or other
985		-	obligations as the interest becomes due; and
986		-	(B) create a sinking fund for the payment of the
987		-	principal of the bonds or other obligations when due or the
988		-	redemption price at any earlier required redemption date.
989		-	(b) The New Waverly Municipal Management District No. 1
990		-	initially includes all the territory contained in the following
991		-	area:
992		-	Tract 1 - 101.605 Acres:
993		-	FIELDNOTES TO 101.605 ACRES OF LAND AS SITUATED IN THE CITY OF
994		-	NEW WAVERLY, IN THE C. A. SLEIGHT SURVEY, A-496, WALKER COUNTY,
995		-	TEXAS, AND BEING OUT OF THAT CERTAIN CALLED 132.629 ACRE TRACT
996		-	CONVEYED BY JOE T. HODDE, TRUSTEE, TO HMH-WALKER 140 LIMITED BY DEED
997		-	RECORDED IN VOLUME 255, PAGE 1 OF THE DEED RECORDS OF SAID COUNTY.
998		-	SAID 101.605 ACRES BEING MORE PARTICULARY DESCRIBED BY METES AND
999		-	BOUNDS AS FOLLOWS:
1000		-	BEGINNING at a 1/2 inch iron rod set for the north corner of this and
1001		-	of said 132.629 acres on the southwest right-of-way of State
1002		-	Highway 150, same being the east corner of the Emma Reese 1.0 acre
1003		-	tract described in Volume 265, Page 625 of said deed records;
1004		-	THENCE: S 59° 58' E 647.74 Ft., with said southwest right-of-way, to
1005		-	a 1/2 inch iron rod set for an exterior corner of this tract, same
1006		-	being the north corner of proposed New Waverly Ridge II Commercial
1007		-	Lot 4;
1008		-	THENCE: S 30° 02' W 600.00 Ft., on a line within said 132.629 acres
1009		-	and with the northwest line said Lot 4 to its west corner, a 1/2 inch
1010		-	iron rod set for an interior corner of this tract;
1011		-	THENCE: S 59° 58' E 300.00 Ft., continuing within said 132.629 acres
1012		-	and with the southwest line of said Lot 4 to its south corner, a 1/2
1013		-	inch iron rod set for an interior corner of this tract;
1014		-	THENCE: N 30° 02' E 600,00 Ft., continuing within said 132.629 acres
1015		-	and with the southeast line of said Lot 4 to its east corner, a 1/2
1016		-	inch iron rod set for an exterior corner of this tract on the
1017		-	northeast line of said 132.629 acres, same being on the southwest
1018		-	right-of-way of said State Highway 150;
1019		-	THENCE: S 59° 58' E 669.60 Ft., with said southwest right-of-way and
1020		-	132.629 acre northeast line, to a 1/2 inch iron rod set for an
1021		-	exterior corner of this tract, same being the north corner of
1022		-	proposed New Waverly Ridge II Commercial Lot 1;
1023		-	THENCE: S 30° 02' W 600.00 Ft., on a line within said 132.629 acres
1024		-	and with the northwest line of said Lot 1 to its west corner, a 1/2
1025		-	inch iron rod set for an interior corner of this tract;
1026		-	THENCE: S 59° 58' E 836.94 Ft., continuing within said 132.629 acres
1027		-	and with the southwest lines of said Lot 1, of New Waverly Ridge
1028		-	Commercial Lot 2 as shown on plat recorded in Volume 3, Page 130 of
1029		-	the plat records of said county and of New Waverly Ridge Commercial
1030		-	Lot 3, as shown on plat recorded in Volume 3, Page 154 of said plat
1031		-	records to a 1/2 inch iron rod set for an interior corner of this
1032		-	tract, same being the south corner of said New Waverly Ridge Lot.3;
1033		-	THENCE: N 30° 02' E 591.12 Ft., continuing on said 132.629 acres and
1034		-	with the southeast lines of said New Waverly Ridge Lot 3 to its east
1035		-	corner, a 1/2 inch iron rod set for an exterior corner of this tract
1036		-	on the southwest right-of-way of said State Highway 150, same being
1037		-	on the northeast line of said 132.629 acres;
1038		-	THENCE: S 58° 03° E 80.04 Ft., with said southwest right-of-way and
1039		-	being 132.629 acre northeast line, to a 1/2 inch iron rod set for
1040		-	the upper east corner of this tract, same being the north corner of
1041		-	the proposed New Waverly Ridge Commercial Lot 4;
1042		-	THENCE: N 30° 02' W 588.44 Ft., on a line within said 132.629 acres
1043		-	and with the northwest line of said New Waverly Ridge Lot 4 to its
1044		-	west corner, a 1/2 inch iron rod set for an interior corner of this
1045		-	tract;
1046		-	THENCE: S 59° 58' E 286.28 Ft., continuing within said 132.629 acres
1047		-	and with the southwest line of said Lot 4 to its south corner, a 1/2
1048		-	inch iron rod set for the east corner of this tract on the northwest
1049		-	line of New Waverly Ridge Commercial Lot 1 as shown on plat recorded
1050		-	in Vole 3, Page 130 of said plat records;
1051		-	THENCE: S 16° 03' W 516.29 Ft., continuing within said 132.629 acres
1052		-	and with said Lot 1 northwest line to its west corner, a 1/2 inch
1053		-	iron rod set for the lower east corner of this tract on the
1054		-	southeast line of said 132.629 acres, same being on the northwest
1055		-	right-a-way of Longstreet Road;
1056		-	THENCE: With said 132.629 acre southeast line and Longstreet Road
1057		-	northwest right-of-way as follows:
1058		-	S 81° 03' W 45.11 Ft. S 80° 05' W 216.95 Ft. S 81° 03' W 45.11 Ft. S 80° 05' W 216.95 Ft.
1059		-	S 81° 03' W 45.11 Ft. S 80° 05' W 216.95 Ft.
1060		-	S 77° 48' W 222.57 Ft. S 75° 05' W 122.55 Ft. S 77° 48' W 222.57 Ft. S 75° 05' W 122.55 Ft.
1061		-	S 77° 48' W 222.57 Ft. S 75° 05' W 122.55 Ft.
1062		-	to a 1/2 inch iron rod set for an exterior corner of this tract, same
1063		-	being the east corner of the Southwestern Bell Telephone Company
1064		-	0.057 acre tract described in Volume 423, Page 556 of said deed
1065		-	records;
1066		-	THENCE: N 10° 43' W 50.00 Ft., on a line within said 132.629 acres
1067		-	and with the northeast line of said 0.057 acre to its north corner,
1068		-	a 1/2 inch iron rod set for an interior corner of this tract;
1069		-	THENCE: S 75° 05' W 50.00 Ft., continuing within said 132.629 acres
1070		-	and with the northwest line of said 0.057 acre to its west corner, a
1071		-	1/2 inch iron rod set for an interior corner of this tract;
1072		-	THENCE: S 10° 43' E 50.00 Ft., continuing within said 132.629 acres
1073		-	and with the southwest line of said 0.057 acre to its south corner,
1074		-	a concrete monument found for exterior corner of this tract on the
1075		-	southeast line of said 132.629 acres, same being on the northwest
1076		-	right-of-way of said Longstreet Road;
1077		-	THENCE: S 74° 19' W 472.13 Ft. and S 68° 33' W 147.67 Ft., with said
1078		-	132.629 acre southeast line and Longstreet Road northwest
1079		-	right-of-way, to a 3 inch iron pipe found for the south corner of
1080		-	this and of said 132.629 acres, same being the east corner of the
1081		-	Western Grove Missionary Baptist Church tract which no deed of
1082		-	record was located;
1083		-	THENCE: N 24° 49' W 170.48 Ft, with the northeast line of said church
1084		-	tract to its north corner, a 1/2 inch iron rod set for an interior
1085		-	corner of this tract;
1086		-	THENCE: S 53° 09' W 157.03 Ft., with the northwest line of said
1087		-	church tract to its west corner, a 1/2 inch iron rod set for an
1088		-	exterior corner of this tract on the northeast line of Fritz Kelly
1089		-	2.0 acre tract described in Volume 123, Page 716 of said deed
1090		-	records;
1091		-	THENCE: N 60° 07' W 1003.34 Ft., with the southwest line of said
1092		-	132.629 acres and the northeast lines of said 2.0 acres, of the
1093		-	Jimmie Cain Jr. 5.89 acre tract described in Volume 252, Page 75 of
1094		-	the official records of said county, of the Jourdon Sanders 1.0 acre
1095		-	tract described in Volume 395, Page 899 of said deed records and of
1096		-	the Mildred Harris 1.07 acre tract described in Volume 227, Page 285
1097		-	of said deed records, to a 1 inch iron pipe found for an exterior
1098		-	corner of this tract, same being the south corner of the City of New
1099		-	Waverly 2.8708 acre tract described in Volume 425, Page 874 of said
1100		-	deed records;
1101		-	THENCE: N 29° 55' E 304.96 Ft., with the southeast line of said
1102		-	2.8708 acres to its east corner, a 1 inch iron pipe found for an
1103		-	interior corner of this tract;
1104		-	THENCE: N 60° 07' W 409.90 Ft., with the northeast line of said
1105		-	2.8708 acres to its north comer, a 1 inch iron pipe found for an
1106		-	interior corner of this tract;
1107		-	THENCE: S 29° 51' W 304.96 Ft., with the northwest line of said
1108		-	2.8708 acres to its west corner, a 1 inch iron pipe found for an
1109		-	exterior corner of this tract on the southwest line of said 132.629
1110		-	acres, same being on the northeast line of the Roy Clark 2.44 acre
1111		-	tract described in Volume 311, Page 569 of said deed records;
1112		-	THENCE: N 60° 07' W 389.41 Ft., with said 132.629 acre southwest line
1113		-	and the northeast lines of said 2.44 acres and of the Patricia L.
1114		-	Crowley 0.771 acre described as Tract One in Volume 248, Page 497 of
1115		-	said official records, to a 1/2 inch iron rod set for an exterior
1116		-	corner of this and of said 132.629 acres on the northeast
1117		-	right-of-way of Interstate Highway 45, same being the north corner
1118		-	of said 0.771 acre;
1119		-	THENCE: N 11° 12' W 46.73 Ft., with said northeast right-of-way, to a
1120		-	1/2 inch iron pipe found for the west corner of this and of said
1121		-	132.629 acres, same being the south corner of the Patricia L.
1122		-	Crowley 2.559 acres described as Tract Two in Volume 248, Page 497
1123		-	of said official records;
1124		-	THENCE: N 30° 27' E 507.40 Ft., with the southeast line of said 2.559
1125		-	acres to its east corner, a 1/2 inch iron rod found for an interior
1126		-	corner of this and of said 132.629 acres, same being the south
1127		-	corner of the Artie L. Moses, et. al., residue of a 15 acre tract
1128		-	described in Volume 272, Page 667 of said official records;
1129		-	THENCE: N 29° 57' E 542.03 Ft., with the southeast line of said
1130		-	residue of 15 acres to its east corner, a 5/8 inch iron rod found for
1131		-	an interior corner of this and of said 132.629 acres, same being the
1132		-	south corner of the Ned Jourdan 3.842 acre tract described in Volume
1133		-	390, Page 640 of said deed records;
1134		-	THENCE: N 29° 47' E 960.15 Ft., with the southeast lines of said
1135		-	3.842 acres, of the Frances Gi1laspie 1.50 acre tract described in
1136		-	Volume 162, Page 85 of said deed records and of said Reese 1.0 acre,
1137		-	to the PLACE OF BEGINNING AND CONTAINING WITHIN THESE BOUNDS
1138		-	101.605 ACRES OF LAND.
1139		-	TRACT 2:
1140		-	Being 1.07 acres of land, situated in the C.A. SLEIGHT Survey,
1141		-	Abstract No. 496, Walker County, Texas, and being out of and a part
1142		-	of the residue of a called 15.00 acre tract of land described in a
1143		-	Deed Deed from Isom Mickle, et ux. to Lucretia Moses dated 17 Nov.
1144		-	1925 and recorded in Volume 56, Page 147, Deed Records, Walker
1145		-	County, Texas, said 1.07 acres being more definitely described by
1146		-	metes and bounds as follows:
1147		-	BEGINNING at the most westerly corner of the said 15 acre tract,
1148		-	same being a northern corner of a called 523.55 acre tract described
1149		-	in a Deed from John Henry Hall et al to Judy C. Campbell recorded in
1150		-	Volume 0861, Page 140, Official Records and being a point in the
1151		-	southeastern line of a called 3.76 acre tract described in a Deed
1152		-	from Joan Lee, Trustee to Ralph A. Cadwallader, recorded in Volume
1153		-	0787, Page 501, Official Records, Walker County, Texas, found a 3"
1154		-	iron pipe (set a 5/8" iron rod w/cap in center of pipe) for corner;
1155		-	THENCE S 59°36'04" E along the common boundary line of said 523.55
1156		-	acre Campbell tract and the said 15 acre Moses tract, a distance of
1157		-	286.28 feet to a 5/8" iron rod set in the west right-of-way line of
1158		-	Interstate 45, said iron rod being the most southern corner of the
1159		-	herein described 1.07 acre and the southwest corner of a called 7.43
1160		-	acre tract described in a Deed from Lucretia Moses to the State
1161		-	Highway Commission, dated 5 Aug. 1958 and recorded in Volume 161,
1162		-	Page 111, Deed Records, Walker County, Texas;
1163		-	THENCE N 11°07'21" W along the said west right-of-way line of
1164		-	Interstate 45, a distance of 435.60 feet to the most northern corner
1165		-	of the herein described 1.07 acre tract, same being a southeast
1166		-	corner of the said 3.76 acre Cadwallader tract, set a 5/8" iron rod
1167		-	w/cap, from which a 1/2" iron rod bears S 29°57'48" W a distance of
1168		-	1.62 feet, and a 5/8" iron rod w/cap brs. N 11°46'38" W a distance of
1169		-	79.19 feet;
1170		-	THENCE S 29°57'48" W along the common boundary line of the said 3.76
1171		-	acre Cadwallader tract and the said 15 acre Moses tract, a distance
1172		-	of 326.15 feet to the POINT OF BEGINNING.
1173		-	Containing 1.07 acres of land.
1174		-	TRACT 3:
1175		-	Being 6.56 acres of land, situated in the C.A. SLEIGHT Survey,
1176		-	Abstract No. 496, Walker County, Texas, and being out of and a part
1177		-	of the residue of a called 15.00 acre tract of land described in a
1178		-	Deed from Isom Mickle, et ux. to Lucretia Moses dated 17 Nov. 1925
1179		-	and recorded in Volume 56, Page 147, Deed Records, Walker County,
1180		-	Texas, said 6.56 acres being more definitely described by metes and
1181		-	bounds as follows:
1182		-	BEGINNING at the most southern corner of the said 15 acre tract,
1183		-	same being the most eastern corner of a called 2.559 acre tract
1184		-	described as Tract 2 in a deed dated 29 March 1995 from Martin J.
1185		-	Ross III, et al to Patricia L. Crowley, recorded in Volume 0248,
1186		-	Page 497, Official Records, and a point in the west line of a called
1187		-	101.65 acre tract described in a Deed dated 26 April 2006 from
1188		-	HMH-Walker 140 Limited to Thornberry Family Partnership, recorded
1189		-	in Volume 0745, Page 678, Official Records, found a 1/2" iron rod
1190		-	for corner;
1191		-	THENCE N 30°01'04" W along an old barbed wire fence and with the
1192		-	common line of said 101.65 acre Thornberry and the 15 acre Moses
1193		-	tracts, a distance of 398.88 feet to a 5/8" iron rod set for the most
1194		-	easterly corner of the said Moses tract, said iron rod also being
1195		-	the south corner of called 1 acre tract described in a deed to Emma
1196		-	Reece and recorded in Volume 273, Page 702, Deed Records and from
1197		-	which a iron stake found (disturbed) brs S 60°38'04" E distance of
1198		-	1.89 feet and a found 5/8" iron rod w/cap brs. N 30°01'04"E a
1199		-	distance of 143.36 feet;
1200		-	THENCE N 60°38'04 W along the common line of said 1 acre Reece and 15
1201		-	acre Moses tracts, at a calculated distance of 285 feet pass the
1202		-	southwest corner of said 1 acre Reece tract, same being the
1203		-	southeast corner of a called 1 acre tract described in a deed to
1204		-	Carolyn Anderson and recorded in Volume 389, Page 642, Deed
1205		-	Records, and continuing on a total distance of 570 feet to a found
1206		-	3/8"x2" flat iron stake (set a 5/8" iron rod w/cap beside) for a
1207		-	reentrant corner of the said 15 acre Moses tract and the most
1208		-	westerly corner of said 1 acre Anderson tract;
1209		-	THENCE N 29°21'56" E with the common boundary line of the 1 acre
1210		-	Anderson tract and the 15 acre Moses tract, a distance of 142.33 to
1211		-	a 5/8" iron rod set for corner, said iron rod being the northwest
1212		-	corner of said 1 acre Anderson tract and a point in the south line of
1213		-	a 2 acre tract described in a deed to Lula Rogers, et al, and
1214		-	recorded in Volume 83, Page 596, Deed Records, Walker County,
1215		-	Texas;
1216		-	THENCE N 60°44'12" W along common line of said 2 acre Rogers and 15
1217		-	acre Moses tracts, at a distance of 97.32 feet pass a found 5"x 3.5"
1218		-	wagon axle housing for the west corner of said 2 acre Rogers tract
1219		-	and the south corner of the residue a called 7 acre tract described
1220		-	in a deed to Harrison Hector and recorded in Volume 83, Page 595,
1221		-	Deed Records, and continuing on for a total distance of 338.96 to a
1222		-	set 5/8" iron rod for the most north corner of the herein described
1223		-	tract, said iron rod being in the east right-of-way of said
1224		-	Interstate 45 and being the southern corner of a called 2.67 acre
1225		-	tract described in a deed to the State Highway Commission and
1226		-	recorded in Volume 161, Page 161, Deed Records, Walker County,
1227		-	Texas;
1228		-	THENCE S 11°09'E with the said east right-of-way line of Interstate
1229		-	45 a distance of 716.09 feet to a point for corner, said point being
1230		-	in the southwest line of the said 15 acre tract and being the most
1231		-	northern corner of the said Crowley 2.559 acre tract and from which
1232		-	the center of a 3" galvanized fence post brs S 63°43'36"E a distance
1233		-	of 0.42 feet, a 1/2" iron pipe (disturbed) brs S58°20'05"W a
1234		-	distance of 1.06 feet and a 5/8" iron rod with cap (set for
1235		-	reference) brs N 72° W a distance of 0.21 feet;
1236		-	THENCE S 61°07'56" W with the common line of said 2.559 acre P.
1237		-	Crowley and 15 acre Moses tracts, a distance of 439.22 feet to the
1238		-	PLACE OF' BEGINNING.
1239		-	Containing 6.56 acres of land.
1240		-	Tract 4 - 4.846 ACRES:
1241		-	A tract or parcel of land containing 4.846 acres (211,071 square
1242		-	feet) out of the C.A. Sleight 1/3 League, Abstract No. 496, Walker
1243		-	County, Texas, being all of the called 3.842 acre tract and all of
1244		-	the called 1.000 acre tract conveyed to Ned Jordan, Jr., as recorded
1245		-	in Volume 390, Page 640 of the Walker County Deed Records
1246		-	(W.C.D.R.), said 4.846 acres being more particularly described by
1247		-	metes and bounds as follows: (The basis of bearing for this
1248		-	description is the monumented north line of the subject tract
1249		-	called SOUTH 61 degrees 05 minutes 45 seconds EAST, as recorded in
1250		-	said Volume 390, Page 640)
1251		-	BEGINNING at a 1/2-inch iron rod found at the northwest corner of
1252		-	said 1.000 acre tract and the northwest corner of the herein
1253		-	described tract, being the northeast corner of the 2 acre tract
1254		-	conveyed to Edward Crawford, as recorded in Volume 83, Page 596 of
1255		-	the W.C.D.R., and the southwest corner of the 1.50 acre tract
1256		-	conveyed to Frances Gillaspie, as recorded in Volume 162, Page 85 of
1257		-	the W.C.D.R., lying at the terminus of Colony Road;
1258		-	THENCE SOUTH 61 degrees 05 minutes 45 seconds EAST along the south
1259		-	line of said 1.50 acre tract, at 264.05 feet passing a 5/8-inch iron
1260		-	rod found at the northeast corner of said 1.000 acre tract and
1261		-	continuing for a total distance of 473.50 feet to a 5/8-inch iron
1262		-	rod found at the northeast corner of the herein described tract;
1263		-	THENCE SOUTH 29 degrees 32 minutes 14 seconds WEST, 444.11 feet
1264		-	(called S 29 Deg. 37'03" W, 444.12') along the west line of the
1265		-	101.605 acre tract conveyed to the Thornberry Family Partnership,
1266		-	Ltd., as recorded in Volume 776, Page 655 of the Official Public
1267		-	Records of Walker County (O.P.R.W.C.), to a 5/8-inch iron rod found
1268		-	at the southeast corner of the herein described tract;
1269		-	THENCE NORTH 61 degrees 05 minutes 45 seconds WEST, 477.09 feet
1270		-	(called 476.47') along the north lines of a 1 acre tract, described
1271		-	as a save & except tract to Emma Reese and another 1 acre tract
1272		-	conveyed to Carolyn Anderson, as recorded in Volume 389, Page 642 of
1273		-	the W.C.D.R., to a 5/8-inch iron rod found at the southwest corner
1274		-	of the herein described tract;
1275		-	THENCE NORTH 30 degrees 00 minutes 00 seconds EAST along the east
1276		-	line of said 2 acre Crawford tract, at 279.16 feet passing the
1277		-	southwest corner of said 1.000 acre Jordan tract, and continuing
1278		-	for a total distance of 444.17 feet to the POINT OF BEGINNING of the
1279		-	herein described tract, containing 4.846 acres (211,071 square
1280		-	feet) of land. Drawing No. B-502 was prepared to accompany this
1281		-	description, and is on file in the office of C&R Surveying, Inc.
1282		-	Tract 5:
1283		-	Field Notes to 3.285 acres of land situated in the City of New
1284		-	Waverly, in the C.A. Sleight Survey, A-496, Walker County, Texas,
1285		-	and being out of the 124.818 acres residue of that certain called
1286		-	132.629 acres tract conveyed by Joe. T. Hode, Trustee, to HMW-I40
1287		-	Walker Limited by deed recorded in volume 253, page 1 of the deed
1288		-	records of said Walker County, Texas, said 3.285 acres being more
1289		-	particularly described by metes and bounds as follows;
1290		-	BEGINNING at a 5/8 inch iron rod found for the northeast corner of
1291		-	this and of said 124.818 acre residue tract, same being the
1292		-	northwest corner of the Earl Biscamp 3.00 acre tract described in
1293		-	Volume 338, Page 735 of the official records of said County and
1294		-	being on the south right of way of State Highway 150;
1295		-	THENCE: S 26°58' W 429.09 ft., with the west line of said 3.00 acres
1296		-	to its southwest corner, a 5/8 inch iron rod found for an interior
1297		-	corner of this tract, same being the northwest corner of commercial
1298		-	lot 1 of New Waverly Ridge Subdivision as shown on plat recorded in
1299		-	Volume 3, Page 130 of the plat records of said County;
1300		-	THENCE: S 16°03' W 157.08 ft., with the west line of said Lot 1, to a
1301		-	1/2 inch iron rod set for the southeast corner of this tract;
1302		-	THENCE: N 59°58' W 286.28 ft., on a line within said 132.629 acres,
1303		-	to a 1/2 inch iron rod set for the southwest corner of this tract;
1304		-	THENCE: N 30°02' W 588.44 ft., continuing within said 132.629 acres,
1305		-	to a 1/2 inch iron rod set for the northwest corner of this tract on
1306		-	the south right of way of State Highway 150, same being the north
1307		-	line of said 132.629 acres;
1308		-	THENCE: S 58°03' E 225.49 ft., with said north line and south right
1309		-	of way, to the place of beginning and containing within these bounds
1310		-	3.285 acres of land.
1311		-	SECTION 4. (a) The legal notice of the intention to file
1312		-	bills creating each district described by this Act has been
1313		-	published as provided by law, and the notice and a copy of this Act
1314		-	have been furnished to all persons, agencies, officials, or
1315		-	entities to which they are required to be furnished under Section
1316		-	59, Article XVI, Texas Constitution, and Chapter 313, Government
1317		-	Code.
1318		-	(b) The governor, one of the required recipients, has
1319		-	submitted the notice and a copy of a bill to create each district
1320		-	described by this Act to the Texas Commission on Environmental
1321		-	Quality.
1322	798		(c) The Texas Commission on Environmental Quality has filed
1323		-	its recommendations relating to each bill to create each district
1324		-	described by this Act with the governor, the lieutenant governor,
1325		-	and the speaker of the house of representatives within the required
1326		-	time.
	799	+	its recommendations relating to this Act with the governor,
	800	+	lieutenant governor, and speaker of the house of representatives
	801	+	within the required time.
1327	802		(d) All requirements of the constitution and laws of this
1328	803		state and the rules and procedures of the legislature with respect
1329		-	to the notice, introduction, and passage of each bill to create each
1330		-	district described by this Act are fulfilled and accomplished.
1331		-	SECTION 5. This Act takes effect January 1, 2022.
1332		-	______________________________ ______________________________
1333		-	President of the Senate Speaker of the House
1334		-	I certify that H.B. No. 4638 was passed by the House on May
1335		-	14, 2021, by the following vote: Yeas 105, Nays 40, 2 present, not
1336		-	voting; and that the House concurred in Senate amendments to H.B.
1337		-	No. 4638 on May 28, 2021, by the following vote: Yeas 89, Nays 54,
1338		-	1 present, not voting.
1339		-	______________________________
1340		-	Chief Clerk of the House
1341		-	I certify that H.B. No. 4638 was passed by the Senate, with
1342		-	amendments, on May 26, 2021, by the following vote: Yeas 31, Nays
1343		-	0.
1344		-	______________________________
1345		-	Secretary of the Senate
1346		-	APPROVED: __________________
1347		-	Date
1348		-	__________________
1349		-	Governor
1350		-
1351		-	S 81° 03' W 45.11 Ft. S 80° 05' W 216.95 Ft.
1352		-
1353		-	S 77° 48' W 222.57 Ft. S 75° 05' W 122.55 Ft.
	804	+	to the notice, introduction, and passage of this Act have been
	805	+	fulfilled and accomplished.
	806	+	SECTION 4. This Act takes effect January 1, 2022.
	807	+	* * * * *