Texas 2021 - 87th Regular

Texas Senate Bill SB2209 Compare Versions

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11 87R10273 JXC-F
22 By: Powell, Springer S.B. No. 2209
33
44
55 A BILL TO BE ENTITLED
66 relating to the creation of the Veale Ranch Municipal Management
77 District No. 1; providing authority to issue bonds; providing
88 authority to impose assessments, fees, and taxes; granting the
99 power of eminent domain.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1212 Code, is amended by adding Chapter 3994 to read as follows:
1313 CHAPTER 3994. VEALE RANCH MUNICIPAL MANAGEMENT DISTRICT NO. 1
1414 SUBCHAPTER A. GENERAL PROVISIONS
1515 Sec. 3994.0101. DEFINITIONS. In this chapter:
1616 (1) "Board" means the district's board of directors.
1717 (2) "City" means the City of Fort Worth.
1818 (3) "County" means Parker County or Tarrant County.
1919 (4) "Director" means a board member.
2020 (5) "District" means the Veale Ranch Municipal
2121 Management District No. 1.
2222 Sec. 3994.0102. NATURE OF DISTRICT. The Veale Ranch
2323 Municipal Management District No. 1 is a special district created
2424 under Section 59, Article XVI, Texas Constitution.
2525 Sec. 3994.0103. PURPOSE; DECLARATION OF INTENT. (a) The
2626 creation of the district is essential to accomplish the purposes of
2727 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
2828 Texas Constitution, and other public purposes stated in this
2929 chapter.
3030 (b) By creating the district and in authorizing a county,
3131 the city, and other political subdivisions to contract with the
3232 district, the legislature has established a program to accomplish
3333 the public purposes set out in Section 52-a, Article III, Texas
3434 Constitution.
3535 (c) The creation of the district is necessary to promote,
3636 develop, encourage, and maintain employment, commerce,
3737 transportation, housing, tourism, recreation, the arts,
3838 entertainment, economic development, safety, and the public
3939 welfare in the district.
4040 (d) This chapter and the creation of the district may not be
4141 interpreted to relieve a county or the city from providing the level
4242 of services provided as of the effective date of the Act enacting
4343 this chapter to the area in the district. The district is created
4444 to supplement and not to supplant county or city services provided
4545 in the district.
4646 Sec. 3994.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
4747 (a) All land and other property included in the district will
4848 benefit from the improvements and services to be provided by the
4949 district under powers conferred by Sections 52 and 52-a, Article
5050 III, and Section 59, Article XVI, Texas Constitution, and other
5151 powers granted under this chapter.
5252 (b) The district is created to serve a public use and
5353 benefit.
5454 (c) The creation of the district is in the public interest
5555 and is essential to further the public purposes of:
5656 (1) developing and diversifying the economy of the
5757 state;
5858 (2) eliminating unemployment and underemployment; and
5959 (3) developing or expanding transportation and
6060 commerce.
6161 (d) The district will:
6262 (1) promote the health, safety, and general welfare of
6363 residents, employers, potential employees, employees, visitors,
6464 and consumers in the district, and of the public;
6565 (2) provide needed funding for the district to
6666 preserve, maintain, and enhance the economic health and vitality of
6767 the district territory as a community and business center;
6868 (3) promote the health, safety, welfare, and enjoyment
6969 of the public by providing pedestrian ways and by landscaping and
7070 developing certain areas in the district, which are necessary for
7171 the restoration, preservation, and enhancement of scenic beauty;
7272 and
7373 (4) provide for water, wastewater, drainage, road, and
7474 recreational facilities for the district.
7575 (e) Pedestrian ways along or across a street, whether at
7676 grade or above or below the surface, and street lighting, street
7777 landscaping, parking, and street art objects are parts of and
7878 necessary components of a street and are considered to be a street
7979 or road improvement.
8080 (f) The district will not act as the agent or
8181 instrumentality of any private interest even though the district
8282 will benefit many private interests as well as the public.
8383 Sec. 3994.0105. INITIAL DISTRICT TERRITORY. (a) The
8484 district is initially composed of the territory described by
8585 Section 2 of the Act enacting this chapter.
8686 (b) The boundaries and field notes contained in Section 2 of
8787 the Act enacting this chapter form a closure. A mistake in the
8888 field notes or in copying the field notes in the legislative process
8989 does not affect the district's:
9090 (1) organization, existence, or validity;
9191 (2) right to issue any type of bonds for the purposes
9292 for which the district is created or to pay the principal of and
9393 interest on the bonds;
9494 (3) right to impose or collect an assessment or tax; or
9595 (4) legality or operation.
9696 Sec. 3994.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
9797 (a) All or any part of the area of the district is eligible to be
9898 included in:
9999 (1) a tax increment reinvestment zone created under
100100 Chapter 311, Tax Code;
101101 (2) a tax abatement reinvestment zone created under
102102 Chapter 312, Tax Code; or
103103 (3) an enterprise zone created under Chapter 2303,
104104 Government Code.
105105 (b) If the city or a county creates a tax increment
106106 reinvestment zone described by Subsection (a), the city or county
107107 and the board of directors of the zone, by contract with the
108108 district, may grant money deposited in the tax increment fund to the
109109 district to be used by the district for:
110110 (1) the purposes permitted for money granted to a
111111 corporation under Section 380.002(b), Local Government Code; and
112112 (2) any other district purpose, including the right to
113113 pledge the money as security for any bonds or other obligations
114114 issued by the district under Subchapter E.
115115 (c) If the city or a county creates a tax increment
116116 reinvestment zone described by Subsection (a), the city or county
117117 may determine the percentage of the property in the zone that may be
118118 used for residential purposes and is not subject to the limitations
119119 provided by Section 311.006, Tax Code.
120120 Sec. 3994.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
121121 DISTRICTS LAW. Except as otherwise provided by this chapter,
122122 Chapter 375, Local Government Code, applies to the district.
123123 Sec. 3994.0108. CONSTRUCTION OF CHAPTER. This chapter
124124 shall be liberally construed in conformity with the findings and
125125 purposes stated in this chapter.
126126 SUBCHAPTER B. BOARD OF DIRECTORS
127127 Sec. 3994.0201. GOVERNING BODY; TERMS. (a) The district is
128128 governed by a board of five elected directors who serve staggered
129129 terms of four years.
130130 (b) Directors are elected in the manner provided by
131131 Subchapter D, Chapter 49, Water Code.
132132 Sec. 3994.0202. COMPENSATION; EXPENSES. (a) The district
133133 may compensate each director in an amount not to exceed $150 for
134134 each board meeting. The total amount of compensation for each
135135 director in one year may not exceed $7,200.
136136 (b) A director is entitled to reimbursement for necessary
137137 and reasonable expenses incurred in carrying out the duties and
138138 responsibilities of the board.
139139 Sec. 3994.0203. INITIAL DIRECTORS. (a) The initial board
140140 consists of the following directors:
141141 Pos. No. Name of Director Pos. No. Name of Director
142142 Pos. No. Name of Director
143143 1 Aaron Murff 1 Aaron Murff
144144 1 Aaron Murff
145145 2 Colin Neblett 2 Colin Neblett
146146 2 Colin Neblett
147147 3 Cole Evans 3 Cole Evans
148148 3 Cole Evans
149149 4 Tim Roberts 4 Tim Roberts
150150 4 Tim Roberts
151151 5 David Rambie 5 David Rambie
152152 5 David Rambie
153153 (b) Of the initial directors, the terms of directors
154154 appointed for positions one through three expire June 1, 2023, and
155155 the terms of directors appointed for positions four and five expire
156156 June 1, 2025.
157157 SUBCHAPTER C. POWERS AND DUTIES
158158 Sec. 3994.0301. GENERAL POWERS AND DUTIES. The district
159159 has the powers and duties necessary to accomplish the purposes for
160160 which the district is created.
161161 Sec. 3994.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
162162 district, using any money available to the district for the
163163 purpose, may provide, design, construct, acquire, improve,
164164 relocate, operate, maintain, or finance an improvement project or
165165 service authorized under this chapter or Chapter 372 or 375, Local
166166 Government Code.
167167 (b) The district may contract with a governmental or private
168168 entity to carry out an action under Subsection (a).
169169 (c) The implementation of a district project or service is a
170170 governmental function or service for the purposes of Chapter 791,
171171 Government Code.
172172 Sec. 3994.0303. NONPROFIT CORPORATION. (a) The board by
173173 resolution may authorize the creation of a nonprofit corporation to
174174 assist and act for the district in implementing a project or
175175 providing a service authorized by this chapter.
176176 (b) The nonprofit corporation:
177177 (1) has each power of and is considered to be a local
178178 government corporation created under Subchapter D, Chapter 431,
179179 Transportation Code; and
180180 (2) may implement any project and provide any service
181181 authorized by this chapter.
182182 (c) The board shall appoint the board of directors of the
183183 nonprofit corporation. The board of directors of the nonprofit
184184 corporation shall serve in the same manner as the board of directors
185185 of a local government corporation created under Subchapter D,
186186 Chapter 431, Transportation Code, except that a board member is not
187187 required to reside in the district.
188188 Sec. 3994.0304. LAW ENFORCEMENT SERVICES. To protect the
189189 public interest, the district may contract with a county or the city
190190 to provide additional law enforcement services in the district for
191191 a fee.
192192 Sec. 3994.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
193193 The district may join and pay dues to a charitable or nonprofit
194194 organization that performs a service or provides an activity
195195 consistent with the furtherance of a district purpose.
196196 Sec. 3994.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
197197 district may engage in activities that accomplish the economic
198198 development purposes of the district.
199199 (b) The district may establish and provide for the
200200 administration of one or more programs to promote state or local
201201 economic development and to stimulate business and commercial
202202 activity in the district, including programs to:
203203 (1) make loans and grants of public money; and
204204 (2) provide district personnel and services.
205205 (c) The district may create economic development programs
206206 and exercise the economic development powers provided to
207207 municipalities by:
208208 (1) Chapter 380, Local Government Code; and
209209 (2) Subchapter A, Chapter 1509, Government Code.
210210 Sec. 3994.0307. PARKING FACILITIES. (a) The district may
211211 acquire, lease as lessor or lessee, construct, develop, own,
212212 operate, and maintain parking facilities or a system of parking
213213 facilities, including lots, garages, parking terminals, or other
214214 structures or accommodations for parking motor vehicles off the
215215 streets and related appurtenances.
216216 (b) The district's parking facilities serve the public
217217 purposes of the district and are owned, used, and held for a public
218218 purpose even if leased or operated by a private entity for a term of
219219 years.
220220 (c) The district's parking facilities are parts of and
221221 necessary components of a street and are considered to be a street
222222 or road improvement.
223223 (d) The development and operation of the district's parking
224224 facilities may be considered an economic development program.
225225 Sec. 3994.0308. ADDING OR EXCLUDING LAND. The district may
226226 add or exclude land in the manner provided by Subchapter J, Chapter
227227 49, Water Code, or by Subchapter H, Chapter 54, Water Code.
228228 Sec. 3994.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The
229229 board by resolution shall establish the number of directors'
230230 signatures and the procedure required for a disbursement or
231231 transfer of district money.
232232 Sec. 3994.0310. RAIL FACILITIES. The district may
233233 relocate, construct, acquire, improve, maintain, and operate rail
234234 facilities and improvements in aid of those facilities.
235235 Sec. 3994.0311. EMINENT DOMAIN. The district may exercise
236236 the power of eminent domain in the manner provided by Section
237237 49.222, Water Code.
238238 Sec. 3994.0312. DIVISION OF DISTRICT. (a) The district may
239239 be divided into two or more new districts only if the district:
240240 (1) has no outstanding bonded debt; and
241241 (2) is not imposing ad valorem taxes.
242242 (b) This chapter applies to any new district created by the
243243 division of the district, and a new district has all the powers and
244244 duties of the district.
245245 (c) Any new district created by the division of the district
246246 may not, at the time the new district is created, contain any land
247247 outside the area described by Section 2 of the Act enacting this
248248 chapter.
249249 (d) The board, on its own motion or on receipt of a petition
250250 signed by the owner or owners of a majority of the assessed value of
251251 the real property in the district, may adopt an order dividing the
252252 district.
253253 (e) An order dividing the district must:
254254 (1) name each new district;
255255 (2) include the metes and bounds description of the
256256 territory of each new district;
257257 (3) appoint initial directors for each new district;
258258 and
259259 (4) provide for the division of assets and liabilities
260260 between or among the new districts.
261261 (f) On or before the 30th day after the date of adoption of
262262 an order dividing the district, the district shall file the order
263263 with the Texas Commission on Environmental Quality and record the
264264 order in the real property records of each county in which the
265265 district is located.
266266 (g) Any new district created by the division of the district
267267 must hold an election as required by this chapter to obtain voter
268268 approval before the district may impose a maintenance tax or issue
269269 bonds payable wholly or partly from ad valorem taxes.
270270 (h) Municipal consent to the creation of the district and to
271271 the inclusion of land in the district granted under Section
272272 3994.0506 acts as municipal consent to the creation of any new
273273 district created by the division of the district and to the
274274 inclusion of land in the new district.
275275 SUBCHAPTER D. ASSESSMENTS
276276 Sec. 3994.0401. PETITION REQUIRED FOR FINANCING SERVICES
277277 AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
278278 service or improvement project with assessments under this chapter
279279 unless a written petition requesting that service or improvement
280280 has been filed with the board.
281281 (b) A petition filed under Subsection (a) must be signed by
282282 the owners of a majority of the assessed value of real property in
283283 the district subject to assessment according to the most recent
284284 certified tax appraisal roll for the county.
285285 Sec. 3994.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
286286 The board by resolution may impose and collect an assessment for any
287287 purpose authorized by this chapter in all or any part of the
288288 district.
289289 (b) An assessment, a reassessment, or an assessment
290290 resulting from an addition to or correction of the assessment roll
291291 by the district, penalties and interest on an assessment or
292292 reassessment, an expense of collection, and reasonable attorney's
293293 fees incurred by the district:
294294 (1) are a first and prior lien against the property
295295 assessed;
296296 (2) are superior to any other lien or claim other than
297297 a lien or claim for county, school district, or municipal ad valorem
298298 taxes; and
299299 (3) are the personal liability of and a charge against
300300 the owners of the property even if the owners are not named in the
301301 assessment proceedings.
302302 (c) The lien is effective from the date of the board's
303303 resolution imposing the assessment until the date the assessment is
304304 paid. The board may enforce the lien in the same manner that the
305305 board may enforce an ad valorem tax lien against real property.
306306 (d) The board may make a correction to or deletion from the
307307 assessment roll that does not increase the amount of assessment of
308308 any parcel of land without providing notice and holding a hearing in
309309 the manner required for additional assessments.
310310 Sec. 3994.0403. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
311311 Section 375.161, Local Government Code, does not apply to the
312312 district.
313313 SUBCHAPTER E. TAXES AND BONDS
314314 Sec. 3994.0501. TAX ELECTION REQUIRED. (a) The district
315315 must hold an election in the manner provided by Chapter 49, Water
316316 Code, or, if applicable, Chapter 375, Local Government Code, to
317317 obtain voter approval before the district may impose an ad valorem
318318 tax.
319319 (b) Section 375.243, Local Government Code, does not apply to
320320 the district.
321321 Sec. 3994.0502. OPERATION AND MAINTENANCE TAX. (a) If
322322 authorized by a majority of the district voters voting at an
323323 election under Section 3994.0501, the district may impose an
324324 operation and maintenance tax on taxable property in the district
325325 in the manner provided by Section 49.107, Water Code, for any
326326 district purpose, including to:
327327 (1) maintain and operate the district;
328328 (2) construct or acquire improvements; or
329329 (3) provide a service.
330330 (b) The board shall determine the operation and maintenance
331331 tax rate. The rate may not exceed the rate approved at the
332332 election.
333333 Sec. 3994.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
334334 BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
335335 terms determined by the board.
336336 (b) The district may issue, by public or private sale,
337337 bonds, notes, or other obligations payable wholly or partly from ad
338338 valorem taxes, assessments, impact fees, revenue, contract
339339 payments, grants, or other district money, or any combination of
340340 those sources of money, to pay for any authorized district purpose.
341341 (c) The limitation on the outstanding principal amount of
342342 bonds, notes, or other obligations provided by Section 49.4645,
343343 Water Code, does not apply to the district.
344344 (d) The district may issue, by public or private sale,
345345 bonds, notes, or other obligations payable wholly or partly from
346346 assessments in the manner provided by Subchapter A, Chapter 372,
347347 Local Government Code, if the improvements financed by an
348348 obligation issued under this section will be conveyed to or
349349 operated and maintained by a county, a municipality, or other
350350 retail utility provider pursuant to an agreement with the district
351351 entered into before the issuance of the obligation.
352352 Sec. 3994.0504. BONDS SECURED BY REVENUE OR CONTRACT
353353 PAYMENTS. The district may issue, without an election, bonds
354354 secured by:
355355 (1) revenue other than ad valorem taxes, including
356356 contract revenues; or
357357 (2) contract payments, provided that the requirements
358358 of Section 49.108, Water Code, have been met.
359359 Sec. 3994.0505. BONDS SECURED BY AD VALOREM TAXES;
360360 ELECTIONS. (a) If authorized at an election under Section
361361 3994.0501, the district may issue bonds payable from ad valorem
362362 taxes.
363363 (b) At the time the district issues bonds payable wholly or
364364 partly from ad valorem taxes, the board shall provide for the annual
365365 imposition of a continuing direct annual ad valorem tax, without
366366 limit as to rate or amount, for each year that all or part of the
367367 bonds are outstanding as required and in the manner provided by
368368 Sections 54.601 and 54.602, Water Code.
369369 (c) All or any part of any facilities or improvements that
370370 may be acquired by a district by the issuance of its bonds may be
371371 submitted as a single proposition or as several propositions to be
372372 voted on at the election.
373373 Sec. 3994.0506. CONSENT OF MUNICIPALITY AND DEVELOPMENT
374374 AGREEMENT REQUIRED. (a) The board may not hold an election to
375375 authorize the issuance of bonds until:
376376 (1) the governing body of the city by ordinance or
377377 resolution consents to the creation of the district and to the
378378 inclusion of land in the district; and
379379 (2) the district, the city, and the owner or owners of
380380 a majority of the assessed value of real property in the district
381381 negotiate and execute a mutually approved and accepted development
382382 and operating agreement, including any limitations imposed by the
383383 city.
384384 (b) The city's consent under Subsection (a) must be granted
385385 in the manner provided by Section 54.016, Water Code, for including
386386 land within the corporate limits or extraterritorial jurisdiction
387387 of a city.
388388 SUBCHAPTER I. DISSOLUTION
389389 Sec. 3994.0901. DISSOLUTION. (a) The board shall dissolve
390390 the district on written petition filed with the board by the owners
391391 of:
392392 (1) 66 percent or more of the assessed value of the
393393 property subject to assessment by the district based on the most
394394 recent certified county property tax rolls; or
395395 (2) 66 percent or more of the surface area of the
396396 district, excluding roads, streets, highways, utility
397397 rights-of-way, other public areas, and other property exempt from
398398 assessment by the district according to the most recent certified
399399 county property tax rolls.
400400 (b) The board by majority vote may dissolve the district at
401401 any time.
402402 (c) The district may not be dissolved by its board under
403403 Subsection (a) or (b) if the district:
404404 (1) has any outstanding bonded indebtedness until that
405405 bonded indebtedness has been repaid or defeased in accordance with
406406 the order or resolution authorizing the issuance of the bonds;
407407 (2) has a contractual obligation to pay money until
408408 that obligation has been fully paid in accordance with the
409409 contract; or
410410 (3) owns, operates, or maintains public works,
411411 facilities, or improvements unless the district contracts with
412412 another person for the ownership, operation, or maintenance of the
413413 public works, facilities, or improvements.
414414 (d) Sections 375.261, 375.262, and 375.264, Local
415415 Government Code, do not apply to the district.
416416 SECTION 2. The Veale Ranch Municipal Management District
417417 No. 1 initially includes all territory contained in the following
418418 area:
419419 All that certain 3790.36 acre tract or parcel of land situated in
420420 Tarrant and Parker Counties of the State of Texas and being part of
421421 the H. T. & B. RR Co. Survey, Section Number 3, Abstract Number 648,
422422 the N. Underwood Survey, Abstract Number 1579, the I. & G. N. RR Co.
423423 Survey, Abstract Number 2002, the W. Robinson Survey, Abstract
424424 Number 1107, the I. & G. N. RR Co. Survey, Abstract Number 2224, the
425425 I & G. N. RR Co. Survey, Abstract Number 1991, in said Parker
426426 County; and being part of the I. & G. N. RR Co. Survey, Abstract
427427 Number not yet assigned this date, the I & G. N. RR Co. Survey,
428428 Abstract Number not yet assigned this date, the W. Robinson Survey,
429429 Abstract Number 1274, the H. Lane Survey, Abstract Number 928, the
430430 T. & N. O. RR Survey, Abstract Number 1567, the S. A. & M. G. RR Co.
431431 Survey, Abstract Number 1479, the Socorro Farming Co. Survey,
432432 Abstract Number 1844, the G. H. & H. RR Survey, Abstract Number 623,
433433 the D. Dixon Survey, Abstract Number 442, the D. T. Finley Survey,
434434 Abstract Number 1900, the D. T. Finley Survey, Abstract Number
435435 1903, and all of the W. Atkins Survey, Abstract Number 1961 in said
436436 Tarrant County, said tract being part of a called 3893.555 acre
437437 tract as described in a deed to Iona L.L.C., filed 24 April 2003,
438438 and recorded in volume 2096 page 106 of the Official Property
439439 Records of said Parker County, Texas, (hereinafter referred to as
440440 OPRPC), and recorded in instrument D203145633 of the Official
441441 Records of said Tarrant County (hereinafter referred to as ORTC),
442442 and said tract being all of a called 11.000 acre tract as described
443443 in deed to Iona Land, L.P., filed 03 May 2005, and recorded in
444444 instrument number D205124001, and said tract being all of the
445445 remainder of a called 62.050 acre tract of land and all of a called
446446 0.847 acre tract of land as described in a deed to Iona East L.L.C.,
447447 filed 21 April 2015, recorded in Document Number 215081241 of said
448448 ORTC, said tract also being all of a called 25.00 acre tract as
449449 described in a deed to Iona East L.L.C., filed 21 April 2015,
450450 recorded in Document Number 215081239 of said ORTC, and being more
451451 particularly described as follows;
452452 BEGINNING at a nail found at the base of a pipe fence corner post for
453453 the most southerly southeast corner of the tract being described,
454454 said nail having NAD83 Grid coordinates of N-6918724.96,
455455 E-2268232.52, and said nail being the most southerly southeast
456456 corner of said Iona 3893.555 acre tract, same being the northeast
457457 corner of a called 584.049 acre tract of land to Aledo Real Estate
458458 Landholdings Group LLC, filed 30 May 2007, recorded in Document
459459 Number 207185948 of said ORTC, said nail also being on the west line
460460 of a called 1214.617 acre tract of land as described in a deed to
461461 Johnny Hampton (Bud) Vinson II and Cheryl R. Vinson, filed 24 May
462462 2004, recorded in Document Number 204159103 of said ORTC;
463463 THENCE: South 89 degrees 26 minutes 17 seconds West, with the south
464464 line of said Iona 3893.555 acre tract and the north line of said
465465 Aledo tract, and along and near a barbed wire fence, a distance of
466466 5820.74 feet to a found 1/2 inch iron rod for the most southerly
467467 southwest corner of said Iona 3893.555 acre tract, same being the
468468 northwest corner of the Bella Flora, an Addition to said Tarrant
469469 County, according to plat of the same authorized 12 November 2013,
470470 and recorded in document number D213294652 of the Plat Records of
471471 said Tarrant County, and said rod being in the east line of a called
472472 231-522/100 acre tract of land as described in a deed to Forest C.
473473 Barber, Jr., filed 12 November 2004, recorded in Document Number
474474 204353915 of said ORTC;
475475 THENCE: North 00 degrees 33 minutes 10 seconds West, with the west
476476 line of said Iona 3893.555 acre tract and the east line of said
477477 Barber tract, and along and near a barbed wire fence, a distance of
478478 2870.96 feet to a found 1 inch pipe for an inner ell corner of said
479479 Iona 3893.555 acre tract, same being the northeast corner of said
480480 Barber tract;
481481 THENCE: North 89 degrees 46 minutes 26 seconds West, with a south
482482 line of said Iona 3893.55 acre tract and the north line of said
483483 Barber tract and along and near a barbed wire fence, a distance of
484484 1327.34 feet to a set 1/2 inch rebar for a southwest corner of said
485485 Iona 3893.555 acre tract, same being the southeast corner of Tract
486486 36, of the Creeks of Aledo Subdivision, filed 09 April 2003,
487487 recorded in volume 2095 page 1608, of said OPRPC, and said rebar
488488 being North 89 degrees 48 minutes 04 seconds East, a distance of
489489 367.85 feet from a found 1 inch rod by a Set Stone being the
490490 northeast corner of the J.F. Gomer Survey, Abstract Number 496;
491491 THENCE: North 34 degrees 15 minutes 21 seconds West, with the
492492 northeast line of said Tract 36, a distance of 569.06 feet to a set
493493 1/2 inch rebar for an angle point in said northeast line;
494494 THENCE: North 34 degrees 02 minutes 46 seconds West, with the
495495 northeast line of said Tract 36, a distance of 420.94 feet to a
496496 found capped iron rod at the base of a pipe fence corner post on the
497497 northeast corner of said Tract 36, same being the southeast corner
498498 of Tract 37, of the Creeks of Aledo Subdivision, filed 28 March
499499 2001, recorded in volume 1919 page 1365 of said OPRPC;
500500 THENCE: North 34 degrees 04 minutes 37 seconds West, with the
501501 northeast line of said Tract 37, a distance of 483.85 feet to a set
502502 1/2 inch rebar for an angle point in said northeast line;
503503 THENCE: North 34 degrees 03 minutes 53 seconds West, with the
504504 northeast line of said Tract 37, a distance of 418.88 feet to a set
505505 1/2 inch rebar at the north corner of said Tract 37, same being the
506506 east corner of Tract 38, of the Creeks of Aledo Subdivision, filed
507507 22 May 2002, recorded in volume 2012 page 926 of said OPRPC;
508508 THENCE: North 34 degrees 01 minutes 19 seconds West, with the
509509 northeast line of said Tract 38, a distance of 289.75 feet to a pipe
510510 fence corner post at the north corner of said Tract 38, same being
511511 the east corner of Tract 39, of the Creeks of Aledo Subdivision,
512512 filed 22 May 2002, recorded in volume 2012 page 926 of said OPRPC;
513513 THENCE: North 34 degrees 06 minutes 35 seconds West, with the
514514 northeast line of said Tract 39, a distance of 379.38 feet to a
515515 found 1/2 inch iron rod at the base of a fence corner post, said post
516516 being at the north corner of Tract 39, same being the east corner of
517517 Tract 40, of the Creeks of Aledo Subdivision, filed 10 April 2002,
518518 recorded in volume 2002 page 1945 of said OPRPC;
519519 THENCE: North 34 degrees 08 minutes 47 seconds West, with the
520520 northeast line of said Tract 40, a distance of 709.67 feet to a set
521521 1/2 inch rebar for the north corner of said Tract 40, same being the
522522 most easterly east corner of Tract 25 of the Creeks of Aledo
523523 Subdivision, filed 10 April 2002, recorded in volume 2002 page 1945
524524 of said OPRPC;
525525 THENCE: North 34 degrees 06 minutes 45 seconds West, with the
526526 northeast line of said Tract 25, a distance of 607.13 feet to a set
527527 1/2 inch rebar for the north corner of said Tract 25, same being the
528528 east corner of Tract 27 of the Creeks of Aledo Subdivision, filed 28
529529 March 2001, recorded in volume 1919 page 1364 of said OPRPC;
530530 THENCE: North 33 degrees 58 minutes 11 seconds West, with the
531531 northeast line of said Tract 27, passing at 5.03 feet a found iron
532532 pipe on the northeast line of said Tract 27 and continuing a total a
533533 distance of 316.12 feet to a set 1/2 inch rebar for an angle point in
534534 said northeast line;
535535 THENCE: North 34 degrees 08 minutes 10 seconds West, with the
536536 northeast line of said Tract 27, a distance of 79.78 feet to a found
537537 iron rod for the north corner of said Tract 27, same being the east
538538 corner of Tract 29 of the Creeks of Aledo Subdivision, filed 28
539539 March 2001, recorded in volume 1919 page 1364 of said OPRPC;
540540 THENCE: North 34 degrees 15 minutes 17 seconds West, with the
541541 northeast line of said Tract 29, a distance of 322.40 feet to a set
542542 1/2 inch rebar at the base of a pipe fence corner post for an ell
543543 corner of said Iona 3893.555 acre tract, same being a corner of said
544544 Tract 29;
545545 THENCE: North 81 degrees 29 minutes 34 West, with the north line of
546546 said Tract 29, passing at 95.36 feet a found iron rod at the
547547 northwest corner of said Tract 29, same being the northeast corner
548548 of said Tract 30 and passing at 744.18 feet a found iron rod at the
549549 northwest corner of said Tract 30, same being the northeast corner
550550 of Tract 28 and continuing a total distance of 1026.64 feet to a set
551551 1/2 inch rebar on the northwest corner of said Tract 28, same being
552552 the northeast corner of Tract 43 of the Creeks of Aledo Subdivision,
553553 filed 26 April 2000, in said OPRPC;
554554 THENCE: North 83 degrees 10 minutes 18 seconds West, with the north
555555 line of Tract 43, passing at 250.45 feet at a set 1/2 inch rebar on
556556 the northwest corner of said Tract 43, same being the northeast
557557 corner of Tract 44 of said Creeks of Aledo Subdivision, filed 26
558558 April 2000, in said OPRPC, and continuing with the north line of
559559 said Tract 44, a total distance of 458.63 feet to a set 1/2 inch
560560 rebar for a corner of this tract;
561561 THENCE: North, a distance of 1969.64 feet to a set 1/2 inch rebar
562562 for a corner of this tract;
563563 THENCE: North 34 degrees 04 minutes 42 seconds West, a distance of
564564 606.04 feet to a set 1/2 inch rebar for a corner of this tract;
565565 THENCE: North 89 degrees 58 minutes 37 seconds West, and passing at
566566 327.98 feet a found iron rod being the northeast corner of a called
567567 5.00 acre tract as described in deed to Robert Leland Ekstrom, filed
568568 04 May 2010, and recorded in volume 2776 page 1198 of the official
569569 public records of said Parker County, and continuing on said course
570570 with the north line of said Ekstrom 5 acre tract and passing at
571571 1080.38 feet a found iron rod being the northwest corner of said
572572 Esktrom 5 acre tract, and continuing on said course a total distance
573573 of 1239.90 feet to a set 1/2 inch rebar for a corner of this tract;
574574 THENCE: South 24 degrees 30 minutes 06 seconds West, a distance of
575575 1362.24 feet to a set 1/2 inch rebar for a corner of this tract;
576576 THENCE: West, a distance of 635.99 feet to a set 1/2 inch rebar for
577577 the most westerly southwest corner of this tract, said rebar being
578578 on the east line of Farm to Market Road Number 1187, same being the
579579 west line of said Iona Tract said rebar being North 00 degrees 48
580580 minutes 31 seconds East, a distance of 1000.26 feet from a found 1\2
581581 inch rebar being the southwest corner of a 120.88 acre tract;
582582 THENCE: North 00 degrees 48 minutes 31 seconds East, with the east
583583 line of said road 1187, a distance of 2051.06 feet to a set 1/2 inch
584584 rebar for a corner of this tract, and said rebar being on the
585585 southeast line of Aledo Iona Road;
586586 THENCE: With the south line of said Aledo Iona Road the following
587587 seventeen (17) calls:
588588 1. North 33 degrees 11 minutes 47 seconds East, a distance of
589589 1752.65 feet to a set 1\2" rebar;
590590 2. North 36 degrees 53 minutes 00 seconds East, a distance of
591591 813.13 feet to a pipe fence corner post;
592592 3. North 57 degrees 20 minutes 59 seconds East, a distance of
593593 970.84 feet to a pipe fence corner post;
594594 4. North 77 degrees 47 minutes 00 seconds East, a distance of
595595 434.81 feet to a pipe fence corner post;
596596 5. North 85 degrees 44 minutes 03 seconds East, a distance of
597597 448.55 feet to a pipe fence corner post;
598598 6. North 77 degrees 08 minutes 49 seconds East, a distance of
599599 622.41 feet to a pipe fence corner post;
600600 7. North 84 degrees 37 minutes 50 seconds East, a distance of
601601 850.19 feet to a set 1\2" rebar;
602602 8. South 86 degrees 35 minutes 40 seconds East, a distance of 58.49
603603 feet to a set 1\2" rebar;
604604 9. North 84 degrees 17 minutes 28 seconds East, a distance of
605605 1593.30 feet to a fence corner post;
606606 10. North 84 degrees 12 minutes 06 seconds East, a distance of
607607 1463.59 feet to a fence corner post;
608608 11. North 84 degrees 26 minutes 03 seconds East, a distance of
609609 377.37 feet to a fence corner post;
610610 12. North 84 degrees 18 minutes 18 seconds East, a distance of
611611 378.43 feet to a set 1\2" rebar;
612612 13. North 86 degrees 52 minutes 33 seconds East, a distance of
613613 261.06 feet to a set 1\2" rebar;
614614 14. South 88 degrees 14 minutes 59 seconds East, a distance of
615615 212.79 feet to a set 1\2" rebar;
616616 15. South 84 degrees 02 minutes 19 seconds East, a distance of
617617 189.05 feet to a set 1\2" rebar;
618618 16. South 80 degrees 23 minutes 48 seconds East, a distance of
619619 724.30 feet to a set 1\2" rebar;
620620 17. North 09 degrees 38 minutes 43 seconds East, a distance of
621621 41.36 feet to a set 1\2" rebar for a corner of this tract, said
622622 rebar being on the south line of the Union Pacific Railroad,
623623 formerly known as the Texas & Pacific Railway;
624624 THENCE: With the south line of said Railroad the following eighteen
625625 (18) calls:
626626 1. South 80 degrees 21 minutes 17 seconds East, a distance of
627627 549.51 feet to a set 1\2" rebar for an angle point, said rebar
628628 being on the west line of said Lane Survey, same being the east
629629 line of said Robinson Survey;
630630 2. South 00 degrees 31 minutes 22 seconds East, with the west line
631631 of said Lane Survey, and the east line of said Robinson Survey,
632632 a distance of 25.40 feet to a set 1\2" rebar for a corner;
633633 3. South 80 degrees 21 minutes 17 seconds East, a distance of
634634 1999.95 feet to a set 1\2" rebar for a start of a curve to the
635635 right;
636636 4. With said curve to the right, an arc length of 766.60 feet, with
637637 a central angle of 25 degrees 35 minutes 43 seconds, and a
638638 radius of 1716.07 feet, and a chord bearing and distance of
639639 South 67 degrees 33 minutes 26 seconds East, 760.25 feet to a
640640 set 1\2 inch rebar for the end of said curve to the right;
641641 5. South 54 degrees 45 minutes 35 seconds East, a distance of
642642 411.67 feet to a set 1\2 inch rebar for the start of a curve to
643643 the left;
644644 6. With said curve to the left, an arc length of 1133.46 feet, with
645645 a central angle of 31 degrees 40 minutes 10 seconds, and a
646646 radius of 2050.63 feet, with a chord bearing and distance of
647647 South 70 degrees 35 minutes 40 seconds East, 1119.09 feet to a
648648 set 1\2 inch rebar for the end of said curve to the left;
649649 7. South 86 degrees 25 minutes 45 seconds East, a distance of
650650 2213.78 feet to a set 1\2 inch rebar for the start of a curve to
651651 the left;
652652 8. With said curve to the left, an arc length of 192.54 feet, with
653653 a central angle of 05 degrees 24 minutes 18 seconds, and a
654654 radius of 2041.02 feet, with a chord bearing and distance of
655655 South 89 degrees 07 minutes 54 seconds East, 192.47 feet to a
656656 set 1\2 inch rebar for the end of said curve to the left, said
657657 rebar being on the west line of said Socorro Survey, same being
658658 the east line of said S.A.&M.G. RR Co Survey, A-1479;
659659 9. North 00 degrees 33 minutes 35 seconds West, with the west line
660660 of said Socorro Survey, and with the east line of said
661661 S.A.&M.G. RR Survey, a distance of 25.01 feet to a set 1\2 inch
662662 rebar for the start of a curve to the left;
663663 10. With said curve to the left, an arc length of 576.88 feet, with
664664 a central angle of 16 degrees 23 minutes 43 seconds, and a
665665 radius of 2016.02 feet, with a chord bearing and distance of
666666 North 79 degrees 57 minutes 09 seconds East, 574.92 feet to a
667667 set 1\2 inch rebar for the end of said curve to the left;
668668 11. South 18 degrees 14 minutes 42 seconds East, a distance of
669669 50.01 feet to a set 1\2 inch rebar for the start of a curve to
670670 the left;
671671 12. With said curve to the left, an arc length of 238.39 feet, with
672672 a central angle of 06 degrees 36 minutes 40 seconds, and a
673673 radius of 2066.03 feet, with a chord bearing and distance of
674674 North 68 degrees 26 minutes 58 seconds East, 238.26 feet to a
675675 set 1\2 inch rebar for the end of said curve to the left;
676676 13. North 65 degrees 08 minutes 20 seconds East, a distance of
677677 460.91 feet to a set 1\2 inch rebar for the start of a curve to
678678 the right;
679679 14. With said curve to the right, an arc length of 789.93 feet,
680680 with a central angle of 11 degrees 17 minutes 02 seconds, and a
681681 radius of 4011.02 feet, with a chord bearing and distance of
682682 North 72 degrees 14 minutes 04 seconds East, 788.66 feet to a
683683 set 1\2 inch rebar for the end of said curve to the right;
684684 15. North 12 degrees 07 minutes 25 seconds West, a distance of
685685 50.01 feet to a set 1\2 inch rebar for the start of a curve to
686686 the right;
687687 16. With said curve to the right, an arc length of 83.77 feet, with
688688 a central angle of 01 degrees 10 minutes 55 seconds, and a
689689 radius of 4061.03 feet, with a chord bearing and distance of
690690 North 78 degrees 28 minutes 03 seconds East, 83.77 feet to a
691691 set 1\2 inch rebar for the end of said curve to the right, same
692692 being the start of a compound curve to the right;
693693 17. With said compound curve to the right, an arc length of 1607.42
694694 feet, with a central angle of 17 degrees 33 minutes 43
695695 seconds, and a radius of 5244.19 feet, with a chord bearing
696696 and distance of North 88 degrees 43 minutes 51 seconds East,
697697 1601.13 feet to a set 1\2 inch rebar for the end of said
698698 compound curve to the right;
699699 18. South 82 degrees 08 minutes 49 seconds East, and passing at
700700 280.72 feet a found 1 inch pipe by a fence corner post on the
701701 east line of said G.H.&H. RR Survey, same being the west line
702702 of said Dixon Survey, and being the northeast corner of said
703703 Iona 3893.555 acre tract, same being the northwest corner of
704704 said Iona East 25.00 acre tract, and continuing on said
705705 course, a total distance of 1633.04 feet to a set 1/2 inch
706706 rebar for the most northerly northeast corner of this tract,
707707 same being the northeast corner of said Iona East 25.00 acre
708708 tract, said rebar being on the west line of Farm to Market Road
709709 2871 and said rebar being the start of a curve to the left,
710710 having a central angle of 22 degrees 31 minutes 58 seconds, a
711711 radius of 2417.57 feet, and a chord bearing and distance of
712712 South 11 degrees 35 minutes 48 seconds East, 944.64 feet;
713713 THENCE: With the west line of said FM Road 2871, and with said curve
714714 to the left, an arc length of 950.76 feet to a found capped iron rod
715715 for the most easterly southeast corner of this tract, said rod being
716716 the southeast corner of said Iona East 0.847 acre tract and said rod
717717 being the remainder northeast corner of a called 3.429 acre tract as
718718 described in deed to Benbrook Christian Fellowship, filed 16 June
719719 2005, and recorded in county clerks number D205170789 of said ORTC;
720720 THENCE: South 64 degrees 26 minutes 52 seconds West, with the south
721721 line of said Iona East 0.847 acre tract part of the way, a distance
722722 of 475.37 feet to a found 1/2 inch iron rod for a corner of this
723723 tract, said rod being a corner of a called 11.350 acre tract as
724724 described in deed to Benbrook Christian Fellowship, filed 11
725725 November 2003, and recorded in county clerks number D203422046 of
726726 said ORTC;
727727 THENCE: South 47 degrees 54 minutes 42 seconds West, with the north
728728 line of said 11.350 acre tract, a distance of 222.02 feet to a set
729729 1/2 inch iron rod for a corner of this tract, same being a corner of
730730 said 11.350 acre tract;
731731 THENCE: South 31 degrees 23 minutes 01 seconds West, with the north
732732 line of said 11.350 acre tract, and with a barbed wire fence, a
733733 distance of 625.02 feet to a set 1/2 inch rebar for the most
734734 southerly southeast corner of said Iona East 62.050 Acre tract,
735735 same being the southwest corner of said 11.350 acre tract;
736736 THENCE: South 89 degrees 36 minutes 36 seconds West, with the south
737737 line of said Iona East 62.050 acre tract, a distance of 597.88 feet
738738 to a set 1/2 inch rebar for the southwest corner of said Iona East
739739 62.050 Acre tract, same being the northwest corner of Lot 1, Block
740740 1, of the Benbrook Water and Sewer Authority Tank Site, filed in
741741 cabinet A, slide 4324, of the plat records of said Tarrant County,
742742 said rebar also being on the east line of said Iona 3893.555 acre
743743 tract;
744744 THENCE: South 00 degrees 21 minutes 32 seconds East, with the east
745745 line of said Iona 3893.555 acre tract, and with the west line of
746746 said Benbrook Water and Sewer Authority Tank Site, a distance of
747747 8.83 feet to a found capped iron rod for the most southerly
748748 southeast corner of said Iona 3893.555 acre tract, same being the
749749 northeast corner of a called 117.198 acres tract of land as
750750 described in a deed to PB Ventana 1 LLC, filed 17 June 2015,
751751 recorded in Document Number 215129625, of said ORTC;
752752 THENCE: South 89 degrees 26 minutes 37 seconds West, with the south
753753 line of said Iona tract and the north line of said PB Ventana tract,
754754 and with a barbed wire fence, a distance of 3712.74 feet to a found 1
755755 inch iron rod for an inner ell corner of said Iona 3893.555 acre
756756 tract, same being the northwest corner of a called 162.310 acre
757757 tract as described in a deed to PB Long Term Hold 1, LP, filed 17
758758 June 2015, recorded in Document Number 215129626 of said ORTC;
759759 THENCE: South 00 degrees 32 minutes 18 seconds East, with the east
760760 line of said Iona 3893.555 acre tract and the west line of said PB
761761 Long Term tract, and along and near a barbed wire fence part of the
762762 way, a distance of 6921.26 feet to a found 1 inch iron rod for a
763763 southeast corner of said Iona 3893.555 acre tract, same being an
764764 inner ell corner of said Vinson tract;
765765 THENCE: South 89 degrees 27 minutes 33 Seconds West, with the south
766766 line of said Iona 3893.555 acre tract and the north line of said
767767 Vinson tract, a distance of 3180.16 feet to a found 1 inch iron rod
768768 for an ell corner of said Iona 3893.555 acre tract, same being the
769769 most westerly northwest corner of said Vinson tract;
770770 THENCE: South 00 degrees 32 minutes 52 seconds East, with the east
771771 line of said Iona 3893.555 acre tract and the west line of said
772772 Vinson tract, a distance of 3556.23 feet to the POINT OF BEGINNING
773773 and containing 3790.36 acres of land.
774774 NAD 83 Grid Bearings and Distances reflect Surface Measurements.
775775 SECTION 3. (a) The legal notice of the intention to
776776 introduce this Act, setting forth the general substance of this
777777 Act, has been published as provided by law, and the notice and a
778778 copy of this Act have been furnished to all persons, agencies,
779779 officials, or entities to which they are required to be furnished
780780 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
781781 Government Code.
782782 (b) The governor, one of the required recipients, has
783783 submitted the notice and Act to the Texas Commission on
784784 Environmental Quality.
785785 (c) The Texas Commission on Environmental Quality has filed
786786 its recommendations relating to this Act with the governor,
787787 lieutenant governor, and speaker of the house of representatives
788788 within the required time.
789789 (d) All requirements of the constitution and laws of this
790790 state and the rules and procedures of the legislature with respect
791791 to the notice, introduction, and passage of this Act have been
792792 fulfilled and accomplished.
793793 SECTION 4. (a) Section 3994.0311, Special District Local
794794 Laws Code, as added by Section 1 of this Act, takes effect only if
795795 this Act receives a two-thirds vote of all the members elected to
796796 each house.
797797 (b) If this Act does not receive a two-thirds vote of all the
798798 members elected to each house, Subchapter C, Chapter 3994, Special
799799 District Local Laws Code, as added by Section 1 of this Act, is
800800 amended by adding Section 3994.0311 to read as follows:
801801 Sec. 3994.0311. NO EMINENT DOMAIN POWER. The district may
802802 not exercise the power of eminent domain.
803803 (c) This section is not intended to be an expression of a
804804 legislative interpretation of the requirements of Section 17(c),
805805 Article I, Texas Constitution.
806806 SECTION 5. This Act takes effect immediately if it receives
807807 a vote of two-thirds of all the members elected to each house, as
808808 provided by Section 39, Article III, Texas Constitution. If this
809809 Act does not receive the vote necessary for immediate effect, this
810810 Act takes effect September 1, 2021.
811811
812812 Pos. No. Name of Director
813813
814814 1 Aaron Murff
815815
816816 2 Colin Neblett
817817
818818 3 Cole Evans
819819
820820 4 Tim Roberts
821821
822822 5 David Rambie