Texas 2023 - 88th Regular

Texas House Bill HB5344 Compare Versions

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11 H.B. No. 5344
22
33
44 AN ACT
55 relating to the eligibility of certain retired firefighters, police
66 officers, and emergency medical services providers to purchase
77 continued health benefits coverage; the creation of certain special
88 purpose districts and the name, powers, and duties of the 3 B&J
99 Municipal Utility District; granting a limited power of eminent
1010 domain; providing authority to issue bonds; providing authority to
1111 impose assessments, fees, and taxes.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Section 175.001, Local Government Code, is
1414 amended to read as follows:
1515 Sec. 175.001. APPLICABILITY. (a) In this section,
1616 "township" means a special district with territory that only
1717 includes a census designated place, as designated by the United
1818 States Bureau of the Census.
1919 (b) This chapter applies to a person who:
2020 (1) retires from:
2121 (A) county employment in a county with a
2222 population of 75,000 or more;
2323 (B) employment by an appraisal district in a
2424 county with a population of 75,000 or more;
2525 (C) municipal employment in a municipality with a
2626 population of 25,000 or more; [or]
2727 (D) employment as a firefighter or emergency
2828 medical services provider by an emergency services district located
2929 wholly or partly in a county with a population of 150,000 or more;
3030 or
3131 (E) employment as a firefighter, police officer,
3232 or emergency medical services provider by a township with a
3333 population of 110,000 or more; and
3434 (2) is entitled to receive retirement benefits from a
3535 county, appraisal district, or municipal retirement plan, [or]
3636 emergency services district, or township.
3737 SECTION 2. (a) Subtitle C, Title 4, Special District Local
3838 Laws Code, is amended by adding Chapter 4001 to read as follows:
3939 CHAPTER 4001. DENTON COUNTY MUNICIPAL MANAGEMENT DISTRICT NO. 2
4040 SUBCHAPTER A. GENERAL PROVISIONS
4141 Sec. 4001.0101. DEFINITIONS. In this chapter:
4242 (1) "Board" means the district's board of directors.
4343 (2) "County" means Denton County, Texas.
4444 (3) "Director" means a board member.
4545 (4) "District" means the Denton County Municipal
4646 Management District No. 2.
4747 Sec. 4001.0102. NATURE OF DISTRICT. The Denton County
4848 Municipal Management District No. 2 is a special district created
4949 under Section 59, Article XVI, Texas Constitution.
5050 Sec. 4001.0103. PURPOSE; DECLARATION OF INTENT. (a) The
5151 creation of the district is essential to accomplish the purposes of
5252 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
5353 Texas Constitution, and other public purposes stated in this
5454 chapter.
5555 (b) By creating the district and in authorizing the county
5656 and other political subdivisions to contract with the district, the
5757 legislature has established a program to accomplish the public
5858 purposes set out in Section 52-a, Article III, Texas Constitution.
5959 (c) The creation of the district is necessary to promote,
6060 develop, encourage, and maintain employment, commerce,
6161 transportation, housing, tourism, recreation, the arts,
6262 entertainment, economic development, safety, and the public
6363 welfare in the district.
6464 (d) This chapter and the creation of the district may not be
6565 interpreted to relieve the county from providing the level of
6666 services provided as of the effective date of the Act enacting this
6767 chapter to the area in the district. The district is created to
6868 supplement and not to supplant county services provided in the
6969 district.
7070 Sec. 4001.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
7171 (a) All land and other property included in the district will
7272 benefit from the improvements and services to be provided by the
7373 district under powers conferred by Sections 52 and 52-a, Article
7474 III, and Section 59, Article XVI, Texas Constitution, and other
7575 powers granted under this chapter.
7676 (b) The district is created to serve a public use and
7777 benefit.
7878 (c) The creation of the district is in the public interest
7979 and is essential to further the public purposes of:
8080 (1) developing and diversifying the economy of the
8181 state;
8282 (2) eliminating unemployment and underemployment; and
8383 (3) developing or expanding transportation and
8484 commerce.
8585 (d) The district will:
8686 (1) promote the health, safety, and general welfare of
8787 residents, employers, potential employees, employees, visitors,
8888 and consumers in the district, and of the public;
8989 (2) provide needed funding for the district to
9090 preserve, maintain, and enhance the economic health and vitality of
9191 the district territory as a community and business center;
9292 (3) promote the health, safety, welfare, and enjoyment
9393 of the public by providing pedestrian ways and by landscaping and
9494 developing certain areas in the district, which are necessary for
9595 the restoration, preservation, and enhancement of scenic beauty;
9696 and
9797 (4) provide for water, wastewater, drainage, road, and
9898 recreational facilities for the district.
9999 (e) Pedestrian ways along or across a street, whether at
100100 grade or above or below the surface, and street lighting, street
101101 landscaping, parking, and street art objects are parts of and
102102 necessary components of a street and are considered to be a street
103103 or road improvement.
104104 (f) The district will not act as the agent or
105105 instrumentality of any private interest even though the district
106106 will benefit many private interests as well as the public.
107107 Sec. 4001.0105. INITIAL DISTRICT TERRITORY. (a) The
108108 district is initially composed of the territory described by
109109 Section 2(b) of the Act enacting this chapter.
110110 (b) The boundaries and field notes contained in Section 2(b)
111111 of the Act enacting this chapter form a closure. A mistake in the
112112 field notes or in copying the field notes in the legislative process
113113 does not affect the district's:
114114 (1) organization, existence, or validity;
115115 (2) right to issue any type of bonds for the purposes
116116 for which the district is created or to pay the principal of and
117117 interest on the bonds;
118118 (3) right to impose or collect an assessment or tax; or
119119 (4) legality or operation.
120120 Sec. 4001.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
121121 All or any part of the area of the district is eligible to be
122122 included in:
123123 (1) a tax increment reinvestment zone created under
124124 Chapter 311, Tax Code; or
125125 (2) a tax abatement reinvestment zone created under
126126 Chapter 312, Tax Code.
127127 Sec. 4001.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
128128 DISTRICTS LAW. Except as otherwise provided by this chapter,
129129 Chapter 375, Local Government Code, applies to the district.
130130 Sec. 4001.0108. CONSTRUCTION OF CHAPTER. This chapter
131131 shall be liberally construed in conformity with the findings and
132132 purposes stated in this chapter.
133133 SUBCHAPTER B. BOARD OF DIRECTORS
134134 Sec. 4001.0201. GOVERNING BODY; TERMS. (a) The district is
135135 governed by a board of five elected directors who serve staggered
136136 terms of four years.
137137 (b) Directors are elected in the manner provided by
138138 Subchapter D, Chapter 49, Water Code.
139139 Sec. 4001.0202. COMPENSATION; EXPENSES. (a) The district
140140 may compensate each director in an amount not to exceed $150 for
141141 each board meeting. The total amount of compensation for each
142142 director in one year may not exceed $7,200.
143143 (b) A director is entitled to reimbursement for necessary
144144 and reasonable expenses incurred in carrying out the duties and
145145 responsibilities of the board.
146146 Sec. 4001.0203. TEMPORARY DIRECTORS. (a) On or after the
147147 effective date of the Act enacting this chapter, the owner or owners
148148 of a majority of the assessed value of the real property in the
149149 district may submit a petition to the Texas Commission on
150150 Environmental Quality requesting that the commission appoint as
151151 temporary directors the five persons named in the petition. The
152152 commission shall appoint as temporary directors the five persons
153153 named in the petition.
154154 (b) The temporary or successor temporary directors shall
155155 hold an election to elect five permanent directors as provided by
156156 Section 49.102, Water Code.
157157 (c) Temporary directors serve until the earlier of:
158158 (1) the date permanent directors are elected under
159159 Subsection (b); or
160160 (2) the fourth anniversary of the effective date of
161161 the Act enacting this chapter.
162162 (d) If permanent directors have not been elected under
163163 Subsection (b) and the terms of the temporary directors have
164164 expired, successor temporary directors shall be appointed or
165165 reappointed as provided by Subsection (e) to serve terms that
166166 expire on the earlier of:
167167 (1) the date permanent directors are elected under
168168 Subsection (b); or
169169 (2) the fourth anniversary of the date of the
170170 appointment or reappointment.
171171 (e) If Subsection (d) applies, the owner or owners of a
172172 majority of the assessed value of the real property in the district
173173 may submit a petition to the commission requesting that the
174174 commission appoint as successor temporary directors the five
175175 persons named in the petition. The commission shall appoint as
176176 successor temporary directors the five persons named in the
177177 petition.
178178 SUBCHAPTER C. POWERS AND DUTIES
179179 Sec. 4001.0301. GENERAL POWERS AND DUTIES. The district
180180 has the powers and duties necessary to accomplish the purposes for
181181 which the district is created.
182182 Sec. 4001.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
183183 district, using any money available to the district for the
184184 purpose, may provide, design, construct, acquire, improve,
185185 relocate, operate, maintain, or finance an improvement project or
186186 service authorized under this chapter or Chapter 375, Local
187187 Government Code.
188188 (b) The district may contract with a governmental or private
189189 entity to carry out an action under Subsection (a).
190190 (c) The implementation of a district project or service is a
191191 governmental function or service for the purposes of Chapter 791,
192192 Government Code.
193193 Sec. 4001.0303. NONPROFIT CORPORATION. (a) The board by
194194 resolution may authorize the creation of a nonprofit corporation to
195195 assist and act for the district in implementing a project or
196196 providing a service authorized by this chapter.
197197 (b) The nonprofit corporation:
198198 (1) has each power of and is considered to be a local
199199 government corporation created under Subchapter D, Chapter 431,
200200 Transportation Code; and
201201 (2) may implement any project and provide any service
202202 authorized by this chapter.
203203 (c) The board shall appoint the board of directors of the
204204 nonprofit corporation. The board of directors of the nonprofit
205205 corporation shall serve in the same manner as the board of directors
206206 of a local government corporation created under Subchapter D,
207207 Chapter 431, Transportation Code, except that a board member is not
208208 required to reside in the district.
209209 Sec. 4001.0304. LAW ENFORCEMENT SERVICES. To protect the
210210 public interest, the district may contract with a qualified party,
211211 including the county, to provide law enforcement services in the
212212 district for a fee.
213213 Sec. 4001.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
214214 The district may join and pay dues to a charitable or nonprofit
215215 organization that performs a service or provides an activity
216216 consistent with the furtherance of a district purpose.
217217 Sec. 4001.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
218218 district may engage in activities that accomplish the economic
219219 development purposes of the district.
220220 (b) The district may establish and provide for the
221221 administration of one or more programs to promote state or local
222222 economic development and to stimulate business and commercial
223223 activity in the district, including programs to:
224224 (1) make loans and grants of public money; and
225225 (2) provide district personnel and services.
226226 (c) The district may create economic development programs
227227 and exercise the economic development powers provided to
228228 municipalities by:
229229 (1) Chapter 380, Local Government Code; and
230230 (2) Subchapter A, Chapter 1509, Government Code.
231231 Sec. 4001.0307. PARKING FACILITIES. (a) The district may
232232 acquire, lease as lessor or lessee, construct, develop, own,
233233 operate, and maintain parking facilities or a system of parking
234234 facilities, including lots, garages, parking terminals, or other
235235 structures or accommodations for parking motor vehicles off the
236236 streets and related appurtenances.
237237 (b) The district's parking facilities serve the public
238238 purposes of the district and are owned, used, and held for a public
239239 purpose even if leased or operated by a private entity for a term of
240240 years.
241241 (c) The district's parking facilities are parts of and
242242 necessary components of a street and are considered to be a street
243243 or road improvement.
244244 (d) The development and operation of the district's parking
245245 facilities may be considered an economic development program.
246246 Sec. 4001.0308. ADDING OR EXCLUDING LAND. The district may
247247 add or exclude land in the manner provided by Subchapter J, Chapter
248248 49, Water Code, or by Subchapter H, Chapter 54, Water Code.
249249 Sec. 4001.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The
250250 board by resolution shall establish the number of directors'
251251 signatures and the procedure required for a disbursement or
252252 transfer of district money.
253253 Sec. 4001.0310. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
254254 Section 375.161, Local Government Code, does not apply to the
255255 district.
256256 Sec. 4001.0311. EMINENT DOMAIN. The district may exercise
257257 the power of eminent domain in the manner provided by Section
258258 49.222, Water Code.
259259 Sec. 4001.0312. DIVISION OF DISTRICT. (a) The district
260260 may be divided into two or more new districts only if the district:
261261 (1) has no outstanding bonded debt; and
262262 (2) is not imposing ad valorem taxes.
263263 (b) This chapter applies to any new district created by the
264264 division of the district, and a new district has all the powers and
265265 duties of the district.
266266 (c) Any new district created by the division of the district
267267 may not, at the time the new district is created, contain any land
268268 outside the area described by Section 2(b) of the Act enacting this
269269 chapter.
270270 (d) The board, on its own motion or on receipt of a petition
271271 signed by the owner or owners of a majority of the assessed value of
272272 the real property in the district, may adopt an order dividing the
273273 district.
274274 (e) An order dividing the district must:
275275 (1) name each new district;
276276 (2) include the metes and bounds description of the
277277 territory of each new district;
278278 (3) appoint temporary directors for each new
279279 district; and
280280 (4) provide for the division of assets and liabilities
281281 between or among the new districts.
282282 (f) On or before the 30th day after the date of adoption of
283283 an order dividing the district, the district shall file the order
284284 with the Texas Commission on Environmental Quality and record the
285285 order in the real property records of each county in which the
286286 district is located.
287287 (g) Any new district created by the division of the district
288288 must hold an election as required by this chapter to obtain voter
289289 approval before the district may impose a maintenance tax or issue
290290 bonds payable wholly or partly from ad valorem taxes.
291291 (h) Municipal consent to the creation of the district and to
292292 the inclusion of land in the district granted under Section
293293 4001.0506 acts as municipal consent to the creation of any new
294294 district created by the division of the district and to the
295295 inclusion of land in the new district.
296296 SUBCHAPTER D. ASSESSMENTS
297297 Sec. 4001.0401. PETITION REQUIRED FOR FINANCING SERVICES
298298 AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
299299 service or improvement project with assessments under this chapter
300300 unless a written petition requesting that service or improvement
301301 has been filed with the board.
302302 (b) A petition filed under Subsection (a) must be signed by
303303 the owners of a majority of the assessed value of real property in
304304 the district subject to assessment according to the most recent
305305 certified tax appraisal roll for the county.
306306 Sec. 4001.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
307307 The board by resolution may impose and collect an assessment for any
308308 purpose authorized by this chapter in all or any part of the
309309 district.
310310 (b) An assessment, a reassessment, or an assessment
311311 resulting from an addition to or correction of the assessment roll
312312 by the district, penalties and interest on an assessment or
313313 reassessment, an expense of collection, and reasonable attorney's
314314 fees incurred by the district:
315315 (1) are a first and prior lien against the property
316316 assessed;
317317 (2) are superior to any other lien or claim other than
318318 a lien or claim for county, school district, or municipal ad valorem
319319 taxes; and
320320 (3) are the personal liability of and a charge against
321321 the owners of the property even if the owners are not named in the
322322 assessment proceedings.
323323 (c) The lien is effective from the date of the board's
324324 resolution imposing the assessment until the date the assessment is
325325 paid. The board may enforce the lien in the same manner that the
326326 board may enforce an ad valorem tax lien against real property.
327327 (d) The board may make a correction to or deletion from the
328328 assessment roll that does not increase the amount of assessment of
329329 any parcel of land without providing notice and holding a hearing in
330330 the manner required for additional assessments.
331331 SUBCHAPTER E. TAXES AND BONDS
332332 Sec. 4001.0501. TAX ELECTION REQUIRED. (a) The district
333333 must hold an election in the manner provided by Chapter 49, Water
334334 Code, or, if applicable, Chapter 375, Local Government Code, to
335335 obtain voter approval before the district may impose an ad valorem
336336 tax.
337337 (b) Section 375.243, Local Government Code, does not apply
338338 to the district.
339339 Sec. 4001.0502. OPERATION AND MAINTENANCE TAX. (a) If
340340 authorized by a majority of the district voters voting at an
341341 election under Section 4001.0501, the district may impose an
342342 operation and maintenance tax on taxable property in the district
343343 in the manner provided by Section 49.107, Water Code, for any
344344 district purpose, including to:
345345 (1) maintain and operate the district;
346346 (2) construct or acquire improvements; or
347347 (3) provide a service.
348348 (b) The board shall determine the operation and maintenance
349349 tax rate. The rate may not exceed the rate approved at the
350350 election.
351351 Sec. 4001.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
352352 BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
353353 terms determined by the board.
354354 (b) The district may issue bonds, notes, or other
355355 obligations payable wholly or partly from ad valorem taxes,
356356 assessments, impact fees, revenue, contract payments, grants, or
357357 other district money, or any combination of those sources of money,
358358 to pay for any authorized district purpose.
359359 Sec. 4001.0504. BONDS SECURED BY REVENUE OR CONTRACT
360360 PAYMENTS. The district may issue, without an election, bonds
361361 secured by:
362362 (1) revenue other than ad valorem taxes, including
363363 contract revenues; or
364364 (2) contract payments, provided that the requirements
365365 of Section 49.108, Water Code, have been met.
366366 Sec. 4001.0505. BONDS SECURED BY AD VALOREM TAXES;
367367 ELECTIONS. (a) If authorized at an election under Section
368368 4001.0501, the district may issue bonds payable from ad valorem
369369 taxes.
370370 (b) At the time the district issues bonds payable wholly or
371371 partly from ad valorem taxes, the board shall provide for the annual
372372 imposition of a continuing direct annual ad valorem tax, without
373373 limit as to rate or amount, for each year that all or part of the
374374 bonds are outstanding as required and in the manner provided by
375375 Sections 54.601 and 54.602, Water Code.
376376 (c) All or any part of any facilities or improvements that
377377 may be acquired by a district by the issuance of its bonds may be
378378 submitted as a single proposition or as several propositions to be
379379 voted on at the election.
380380 Sec. 4001.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
381381 board may not issue bonds until each municipality in whose
382382 corporate limits or extraterritorial jurisdiction the district is
383383 located has consented by ordinance or resolution to the creation of
384384 the district and to the inclusion of land in the district as
385385 required by applicable law.
386386 (b) This section applies only to the district's first
387387 issuance of bonds payable from ad valorem taxes.
388388 SUBCHAPTER I. DISSOLUTION
389389 Sec. 4001.0901. DISSOLUTION. (a) The board shall dissolve
390390 the district on written petition filed with the board by the owners
391391 of:
392392 (1) at least two-thirds 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) at least two-thirds 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 (b) The Denton County Municipal Management District No. 2
417417 initially includes all territory contained in the following area:
418418 TRACT I:
419419 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
420420 SITUATED IN THE B. WAY SURVEY, ABSTRACT NUMBER 1350, W. JOHNSON
421421 SURVEY, ABSTRACT NUMBER 680, J. STEWART, ABSTRACT NUMBER 1199,
422422 DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT DESCRIBED IN A DEED
423423 TO CLEAR CREEK RIDGE, LLC, RECORDED IN VOLUME 5127, PAGE 1955, AND
424424 VOLUME 5127, PAGE 1951, REAL PROPERTY RECORDS OF DENTON COUNTY,
425425 TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
426426 BEGINNING AT A 1/2 INCH IRON PIN FOUND AT THE SOUTHERN MOST
427427 SOUTHEAST CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
428428 PAGE 1955 AND BEING ON THE WEST LINE OF A DEED TO F. JEFFERY CHARNEY,
429429 RECORDED IN VOLUME 3035, PAGE 534, REAL PROPERTY RECORDS, DENTON
430430 COUNTY, TEXAS, AND BEING ON THE NORTHERN MOST NORTHEAST CORNER OF A
431431 TRACT DESCRIBED IN A DEED TO ROYAL WHITE JONES, RECORDED IN VOLUME
432432 1231, PAGE 701, DEED RECORDS, DENTON COUNTY, TEXAS;
433433 THENCE NORTH 71 DEGREES 47 MINUTES 53 SECONDS WEST WITH THE
434434 SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
435435 1955, A DISTANCE OF 5542.39 FEET TO A 1/2 INCH IRON PIN SET AT THE
436436 SOUTHERN MOST SOUTHWEST CORNER OF SAID CLEAR CREEK RIDGE TRACT IN
437437 VOLUME 5127, PAGE 1955, AN INNER ELL CORNER OF A TRACT DESCRIBED IN
438438 A DEED TO CASEY MARK HARRINGTON, RECORDED IN VOLUME 2031, PAGE 348,
439439 REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
440440 THENCE NORTH WITH A WEST LINE OF SAID CLEAR CREEK RIDGE TRACT
441441 IN VOLUME 5127, PAGE 1955, A DISTANCE OF 240.00 FEET TO A 1/2 INCH
442442 IRON PIN SET AT A SOUTHWEST CORNER OF SAID CLEAR CREEK RIDGE TRACT
443443 IN VOLUME 5127, PAGE 1955;
444444 THENCE SOUTH 89 DEGREES 24 MINUTES 00 SECONDS EAST, A
445445 DISTANCE OF 154.60 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER AT AN
446446 INNER ELL CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
447447 PAGE 1955 AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO
448448 MARY TOM CRAVENS CURNUTT, RECORDED IN VOLUME 2505, PAGE 298, REAL
449449 PROPERTY RECORDS, DENTON COUNTY, TEXAS;
450450 THENCE NORTH 15 DEGREES 54 MINUTES 04 SECONDS EAST WITH THE
451451 WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
452452 A DISTANCE OF 2222.30 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER;
453453 THENCE SOUTH 82 DEGREES 47 MINUTES 03 SECONDS EAST WITH A
454454 SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
455455 1955, A DISTANCE OF 667.90 FEET TO A 1/2 INCH IRON PIN FOUND FOR
456456 CORNER;
457457 THENCE NORTH 56 DEGREES 22 MINUTES 21 SECONDS EAST WITH A
458458 SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
459459 1955, A DISTANCE OF 642.42 FEET TO A 1/2 INCH IRON PIN FOUND FOR
460460 CORNER;
461461 THENCE NORTH 50 DEGREES 04 MINUTES 04 SECONDS EAST WITH A
462462 SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
463463 1955, A DISTANCE OF 311.43 FEET TO A 1/2 INCH IRON PIN FOUND FOR
464464 CORNER;
465465 THENCE NORTH 36 DEGREES 03 MINUTES 57 SECONDS EAST WITH THE
466466 WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
467467 A DISTANCE OF 1119.19 FEET TO A 1/2 INCH IRON PIN FOUND FOR CORNER;
468468 THENCE NORTH 26 DEGREES 07 MINUTES 18 SECONDS WEST WITH THE
469469 WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
470470 A DISTANCE OF 1390.50 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER;
471471 THENCE NORTH 00 DEGREES 14 MINUTES 50 SECONDS EAST WITH THE
472472 WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
473473 A DISTANCE OF 913.00 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER ON
474474 THE NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
475475 1955, AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME
476476 5127, PAGE 1951;
477477 THENCE NORTH 89 DEGREES 52 MINUTES 14 SECONDS WEST WITH A
478478 NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955
479479 AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
480480 PAGE 1951, A DISTANCE OF 771.47 FEET TO A 1/2 INCH IRON PIN SET FOR
481481 CORNER BEING ON A WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN
482482 VOLUME 5127, PAGE 1951 AND AN EAST LINE OF A TRACT DESCRIBED IN A
483483 DEED TO RAY HENGER, RECORDED IN VOLUME 4612, PAGE 567, REAL PROPERTY
484484 RECORDS, DENTON COUNTY, TEXAS;
485485 THENCE NORTH 00 DEGREES 46 MINUTES 29 SECONDS WEST WITH A WEST
486486 LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1951 AND
487487 AN EAST LINE OF SAID HENGER TRACT, A DISTANCE OF 1151.02 FEET TO A
488488 1/2 INCH IRON PIN SET FOR CORNER;
489489 THENCE WITH CLEAR CREEK THE FOLLOWING FIFTY-FOUR (54) CALLS:
490490 1.) NORTH 55 DEGREES 38 MINUTES 38 SECONDS EAST, A DISTANCE
491491 OF 110.80 FEET;
492492 2.) NORTH 51 DEGREES 23 MINUTES 04 SECONDS EAST, A DISTANCE
493493 OF 278.21 FEET;
494494 3.) SOUTH 70 DEGREES 46 MINUTES 01 SECONDS EAST, A DISTANCE
495495 OF 415.87 FEET;
496496 4.) SOUTH 40 DEGREES 58 MINUTES 38 SECONDS EAST, A DISTANCE
497497 OF 604.83 FEET;
498498 5.) SOUTH 51 DEGREES 09 MINUTES 01 SECONDS EAST, A DISTANCE
499499 OF 410.80 FEET;
500500 6.) SOUTH 37 DEGREES 53 MINUTES 33 SECONDS EAST, A DISTANCE
501501 OF 82.37 FEET;
502502 7.) SOUTH 18 DEGREES 46 MINUTES 16 SECONDS EAST, A DISTANCE
503503 OF 75.16 FEET;
504504 8.) SOUTH 05 DEGREES 46 MINUTES 16 SECONDS WEST, A DISTANCE
505505 OF 49.39 FEET;
506506 9.) SOUTH 22 DEGREES 04 MINUTES 06 SECONDS WEST, A DISTANCE
507507 OF 308.38 FEET;
508508 10.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A DISTANCE
509509 OF 76.63 FEET;
510510 11.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A DISTANCE
511511 OF 547.10 FEET;
512512 12.) SOUTH 46 DEGREES 12 MINUTES 54 SECONDS EAST, A DISTANCE
513513 OF 174.23 FEET;
514514 13.) NORTH 86 DEGREES 27 MINUTES 32 SECONDS EAST, A DISTANCE
515515 OF 417.50 FEET;
516516 14.) NORTH 53 DEGREES 53 MINUTES 06 SECONDS EAST, A DISTANCE
517517 OF 225.22 FEET;
518518 15.) SOUTH 70 DEGREES 20 MINUTES 06 SECONDS EAST, A DISTANCE
519519 OF 93.57 FEET;
520520 16.) SOUTH 54 DEGREES 37 MINUTES 57 SECONDS EAST, A DISTANCE
521521 OF 330.11 FEET;
522522 17.) NORTH 64 DEGREES 44 MINUTES 37 SECONDS EAST, A DISTANCE
523523 OF 674.49 FEET;
524524 18.) NORTH 84 DEGREES 14 MINUTES 43 SECONDS EAST, A DISTANCE
525525 OF 100.20 FEET;
526526 19.) SOUTH 56 DEGREES 23 MINUTES 54 SECONDS EAST, A DISTANCE
527527 OF 116.40 FEET;
528528 20.) SOUTH 06 DEGREES 22 MINUTES 27 SECONDS WEST, A DISTANCE
529529 OF 228.98 FEET;
530530 21.) SOUTH 52 DEGREES 30 MINUTES 28 SECONDS WEST, A DISTANCE
531531 OF 271.35 FEET;
532532 22.) SOUTH 87 DEGREES 06 MINUTES 16 SECONDS WEST, A DISTANCE
533533 OF 326.84 FEET;
534534 23.) SOUTH 63 DEGREES 22 MINUTES 32 SECONDS WEST, A DISTANCE
535535 OF 93.18 FEET;
536536 24.) SOUTH 19 DEGREES 39 MINUTES 44 SECONDS WEST, A DISTANCE
537537 OF 274.65 FEET;
538538 25.) SOUTH 06 DEGREES 09 MINUTES 26 SECONDS EAST, A DISTANCE
539539 OF 129.80 FEET;
540540 26.) SOUTH 59 DEGREES 41 MINUTES 10 SECONDS EAST, A DISTANCE
541541 OF 155.04 FEET;
542542 27.) NORTH 61 DEGREES 09 MINUTES 15 SECONDS EAST, A DISTANCE
543543 OF 459.27 FEET;
544544 28.) SOUTH 85 DEGREES 11 MINUTES 12 SECONDS EAST, A DISTANCE
545545 OF 101.67 FEET;
546546 29.) SOUTH 50 DEGREES 11 MINUTES 20 SECONDS EAST, A DISTANCE
547547 OF 160.52 FEET;
548548 30.) SOUTH 19 DEGREES 38 MINUTES 33 SECONDS EAST, A DISTANCE
549549 OF 218.07 FEET;
550550 31.) SOUTH 08 DEGREES 39 MINUTES 06 SECONDS WEST, A DISTANCE
551551 OF 110.67 FEET;
552552 32.) SOUTH 60 DEGREES 37 MINUTES 40 SECONDS WEST, A DISTANCE
553553 OF 111.17 FEET;
554554 33.) NORTH 71 DEGREES 44 MINUTES 44 SECONDS WEST, A DISTANCE
555555 OF 205.32 FEET;
556556 34.) NORTH 58 DEGREES 00 MINUTES 21 SECONDS WEST, A DISTANCE
557557 OF 175.42 FEET;
558558 35.) SOUTH 60 DEGREES 53 MINUTES 09 SECONDS WEST, A DISTANCE
559559 OF 81.38 FEET;
560560 36.) SOUTH 19 DEGREES 12 MINUTES 39 SECONDS EAST, A DISTANCE
561561 OF 180.46 FEET;
562562 37.) SOUTH 31 DEGREES 27 MINUTES 36 SECONDS EAST, A DISTANCE
563563 OF 348.51 FEET;
564564 38.) SOUTH 08 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE
565565 OF 80.11 FEET;
566566 39.) SOUTH 44 DEGREES 00 MINUTES 08 SECONDS WEST, A DISTANCE
567567 OF 157.91 FEET;
568568 40.) SOUTH 69 DEGREES 06 MINUTES 14 SECONDS WEST, A DISTANCE
569569 OF 188.37 FEET;
570570 41.) SOUTH 03 DEGREES 39 MINUTES 31 SECONDS WEST, A DISTANCE
571571 OF 190.40 FEET;
572572 42.) SOUTH 62 DEGREES 37 MINUTES 49 SECONDS EAST, A DISTANCE
573573 OF 165.30 FEET;
574574 43.) NORTH 43 DEGREES 07 MINUTES 44 SECONDS EAST, A DISTANCE
575575 OF 253.82 FEET;
576576 44.) NORTH 58 DEGREES 54 MINUTES 00 SECONDS EAST, A DISTANCE
577577 OF 135.83 FEET;
578578 45.) SOUTH 34 DEGREES 09 MINUTES 46 SECONDS EAST, A DISTANCE
579579 OF 149.30 FEET;
580580 46.) SOUTH 21 DEGREES 47 MINUTES 10 SECONDS WEST, A DISTANCE
581581 OF 518.33 FEET;
582582 47.) SOUTH 20 DEGREES 01 MINUTES 56 SECONDS EAST, A DISTANCE
583583 OF 329.19 FEET;
584584 48.) SOUTH 66 DEGREES 36 MINUTES 28 SECONDS EAST, A DISTANCE
585585 OF 195.08 FEET;
586586 49.) SOUTH 87 DEGREES 31 MINUTES 31 SECONDS EAST, A DISTANCE
587587 OF 403.76 FEET;
588588 50.) SOUTH 68 DEGREES 26 MINUTES 25 SECONDS EAST, A DISTANCE
589589 OF 144.04 FEET;
590590 51.) SOUTH 03 DEGREES 41 MINUTES 33 SECONDS WEST, A DISTANCE
591591 OF 91.78 FEET;
592592 52.) SOUTH 23 DEGREES 36 MINUTES 59 SECONDS WEST, A DISTANCE
593593 OF 322.95 FEET;
594594 53.) SOUTH 39 DEGREES 05 MINUTES 30 SECONDS EAST, A DISTANCE
595595 OF 167.15 FEET;
596596 54.) SOUTH 54 DEGREES 29 MINUTES 12 SECONDS EAST, A DISTANCE
597597 OF 152.28 FEET TO A 1/2 INCH IRON PIN FOUND ON AN EAST LINE OF SAID
598598 CLEAR CREEK RIDGE TRACT;
599599 THENCE SOUTH 00 DEGREES 52 MINUTES 17 SECONDS EAST WITH AN
600600 EAST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
601601 A DISTANCE OF 3736.55 FEET TO THE POINT OF BEGINNING AND CONTAINING
602602 IN ALL 535.703 ACRES OF LAND.
603603 (c) Section 4001.0311, Special District Local Laws Code, as
604604 added by Subsection (a) of this section, takes effect only if this
605605 Act receives a two-thirds vote of all the members elected to each
606606 house.
607607 (d) If the Act enacting this section does not receive a
608608 two-thirds vote of all the members elected to each house,
609609 Subchapter C, Chapter 4001, Special District Local Laws Code, as
610610 added by Subsection (a) of this section, is amended by adding
611611 Section 4001.0311 to read as follows:
612612 Sec. 4001.0311. NO EMINENT DOMAIN POWER. The district may
613613 not exercise the power of eminent domain.
614614 SECTION 3. (a) Subtitle F, Title 6, Special District Local
615615 Laws Code, is amended by adding Chapter 7960 to read as follows:
616616 CHAPTER 7960. DEER CREEK RANCH MUNICIPAL UTILITY DISTRICT NO. 1
617617 SUBCHAPTER A. GENERAL PROVISIONS
618618 Sec. 7960.0101. DEFINITIONS. In this chapter:
619619 (1) "Board" means the district's board of directors.
620620 (2) "Commission" means the Texas Commission on
621621 Environmental Quality.
622622 (3) "Director" means a board member.
623623 (4) "District" means the Deer Creek Ranch Municipal
624624 Utility District No. 1.
625625 Sec. 7960.0102. NATURE OF DISTRICT. The district is a
626626 municipal utility district created under Section 59, Article XVI,
627627 Texas Constitution.
628628 Sec. 7960.0103. CONFIRMATION AND DIRECTOR ELECTION
629629 REQUIRED. The temporary directors shall hold an election to
630630 confirm the creation of the district and to elect five permanent
631631 directors as provided by Section 49.102, Water Code.
632632 Sec. 7960.0104. CONSENT OF MUNICIPALITY REQUIRED. The
633633 temporary directors may not hold an election under Section
634634 7960.0103 until each municipality in whose corporate limits or
635635 extraterritorial jurisdiction the district is located has
636636 consented by ordinance or resolution to the creation of the
637637 district and to the inclusion of land in the district as required by
638638 applicable law.
639639 Sec. 7960.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
640640 (a) The district is created to serve a public purpose and benefit.
641641 (b) The district is created to accomplish the purposes of:
642642 (1) a municipal utility district as provided by
643643 general law and Section 59, Article XVI, Texas Constitution; and
644644 (2) Section 52, Article III, Texas Constitution, that
645645 relate to the construction, acquisition, improvement, operation,
646646 or maintenance of macadamized, graveled, or paved roads, or
647647 improvements, including storm drainage, in aid of those roads.
648648 Sec. 7960.0106. INITIAL DISTRICT TERRITORY. (a) The
649649 district is initially composed of the territory described by
650650 Section 3(b) of the Act enacting this chapter.
651651 (b) The boundaries and field notes contained in Section 3(b)
652652 of the Act enacting this chapter form a closure. A mistake made in
653653 the field notes or in copying the field notes in the legislative
654654 process does not affect the district's:
655655 (1) organization, existence, or validity;
656656 (2) right to issue any type of bond for the purposes
657657 for which the district is created or to pay the principal of and
658658 interest on a bond;
659659 (3) right to impose a tax; or
660660 (4) legality or operation.
661661 SUBCHAPTER B. BOARD OF DIRECTORS
662662 Sec. 7960.0201. GOVERNING BODY; TERMS. (a) The district is
663663 governed by a board of five elected directors.
664664 (b) Except as provided by Section 7960.0202, directors
665665 serve staggered four-year terms.
666666 Sec. 7960.0202. TEMPORARY DIRECTORS. (a) On or after the
667667 effective date of the Act enacting this chapter, the owner or owners
668668 of a majority of the assessed value of the real property in the
669669 district may submit a petition to the commission requesting that
670670 the commission appoint as temporary directors the five persons
671671 named in the petition. The commission shall appoint as temporary
672672 directors the five persons named in the petition.
673673 (b) Temporary directors serve until the earlier of:
674674 (1) the date permanent directors are elected under
675675 Section 7960.0103; or
676676 (2) the fourth anniversary of the effective date of
677677 the Act enacting this chapter.
678678 (c) If permanent directors have not been elected under
679679 Section 7960.0103 and the terms of the temporary directors have
680680 expired, successor temporary directors shall be appointed or
681681 reappointed as provided by Subsection (d) to serve terms that
682682 expire on the earlier of:
683683 (1) the date permanent directors are elected under
684684 Section 7960.0103; or
685685 (2) the fourth anniversary of the date of the
686686 appointment or reappointment.
687687 (d) If Subsection (c) applies, the owner or owners of a
688688 majority of the assessed value of the real property in the district
689689 may submit a petition to the commission requesting that the
690690 commission appoint as successor temporary directors the five
691691 persons named in the petition. The commission shall appoint as
692692 successor temporary directors the five persons named in the
693693 petition.
694694 SUBCHAPTER C. POWERS AND DUTIES
695695 Sec. 7960.0301. GENERAL POWERS AND DUTIES. The district
696696 has the powers and duties necessary to accomplish the purposes for
697697 which the district is created.
698698 Sec. 7960.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
699699 DUTIES. The district has the powers and duties provided by the
700700 general law of this state, including Chapters 49 and 54, Water Code,
701701 applicable to municipal utility districts created under Section 59,
702702 Article XVI, Texas Constitution.
703703 Sec. 7960.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
704704 52, Article III, Texas Constitution, the district may design,
705705 acquire, construct, finance, issue bonds for, improve, operate,
706706 maintain, and convey to this state, a county, or a municipality for
707707 operation and maintenance macadamized, graveled, or paved roads, or
708708 improvements, including storm drainage, in aid of those roads.
709709 Sec. 7960.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
710710 road project must meet all applicable construction standards,
711711 zoning and subdivision requirements, and regulations of each
712712 municipality in whose corporate limits or extraterritorial
713713 jurisdiction the road project is located.
714714 (b) If a road project is not located in the corporate limits
715715 or extraterritorial jurisdiction of a municipality, the road
716716 project must meet all applicable construction standards,
717717 subdivision requirements, and regulations of each county in which
718718 the road project is located.
719719 (c) If the state will maintain and operate the road, the
720720 Texas Transportation Commission must approve the plans and
721721 specifications of the road project.
722722 Sec. 7960.0305. COMPLIANCE WITH MUNICIPAL CONSENT
723723 ORDINANCE OR RESOLUTION. The district shall comply with all
724724 applicable requirements of any ordinance or resolution that is
725725 adopted under Section 54.016 or 54.0165, Water Code, and that
726726 consents to the creation of the district or to the inclusion of land
727727 in the district.
728728 Sec. 7960.0306. DIVISION OF DISTRICT. (a) The board, on
729729 its own motion or on receipt of a petition signed by the owner or
730730 owners of a majority of the assessed value of the real property in
731731 the district, may adopt an order dividing the district.
732732 (b) An order dividing a district may create one or more new
733733 districts and may provide for the continuation of the district.
734734 (c) An order dividing the district shall:
735735 (1) name any new district;
736736 (2) include the metes and bounds description of the
737737 territory of each of the districts;
738738 (3) appoint temporary directors for any new district;
739739 and
740740 (4) provide for the division of assets and liabilities
741741 between the districts.
742742 (d) The board may adopt an order dividing the district
743743 before or after the date the board holds an election to confirm the
744744 district's creation.
745745 (e) The district may be divided only if the district:
746746 (1) has never issued any bonds; and
747747 (2) is not imposing ad valorem taxes.
748748 (f) A new district created by the division of the district
749749 may not, at the time the new district is created, contain any land
750750 outside the area described by Section 3(b) of the Act enacting this
751751 chapter.
752752 (g) On or before the 30th day after the date of adoption of
753753 an order dividing the district, the district shall file the order
754754 with the commission and record the order in the real property
755755 records of each county in which the district is located.
756756 (h) This chapter applies to any new district created by the
757757 division of the district, and a new district has all the powers and
758758 duties of the district.
759759 (i) A new district created by the division of the district
760760 shall hold a confirmation and directors' election.
761761 (j) If the creation of the new district is confirmed, the
762762 new district shall provide the election date and results to the
763763 commission.
764764 (k) A new district created by the division of the district
765765 must hold an election as required by this chapter to obtain voter
766766 approval before the district may impose a maintenance tax or issue
767767 bonds payable wholly or partly from ad valorem taxes.
768768 (l) The district may continue to rely on confirmation,
769769 directors', bond, or tax elections held prior to the division.
770770 (m) Municipal consent to the creation of the district and to
771771 the inclusion of land in the district acts as municipal consent to
772772 the creation of any new district created by the division of the
773773 district and to the inclusion of land in the new district.
774774 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
775775 Sec. 7960.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
776776 The district may issue, without an election, bonds and other
777777 obligations secured by:
778778 (1) revenue other than ad valorem taxes; or
779779 (2) contract payments described by Section 7960.0403.
780780 (b) The district must hold an election in the manner
781781 provided by Chapters 49 and 54, Water Code, to obtain voter approval
782782 before the district may impose an ad valorem tax or issue bonds
783783 payable from ad valorem taxes.
784784 (c) The district may not issue bonds payable from ad valorem
785785 taxes to finance a road project unless the issuance is approved by a
786786 vote of a two-thirds majority of the district voters voting at an
787787 election held for that purpose.
788788 Sec. 7960.0402. OPERATION AND MAINTENANCE TAX. (a) If
789789 authorized at an election held under Section 7960.0401, the
790790 district may impose an operation and maintenance tax on taxable
791791 property in the district in accordance with Section 49.107, Water
792792 Code.
793793 (b) The board shall determine the tax rate. The rate may not
794794 exceed the rate approved at the election.
795795 Sec. 7960.0403. CONTRACT TAXES. (a) In accordance with
796796 Section 49.108, Water Code, the district may impose a tax other than
797797 an operation and maintenance tax and use the revenue derived from
798798 the tax to make payments under a contract after the provisions of
799799 the contract have been approved by a majority of the district voters
800800 voting at an election held for that purpose.
801801 (b) A contract approved by the district voters may contain a
802802 provision stating that the contract may be modified or amended by
803803 the board without further voter approval.
804804 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
805805 Sec. 7960.0501. AUTHORITY TO ISSUE BONDS AND OTHER
806806 OBLIGATIONS. The district may issue bonds or other obligations
807807 payable wholly or partly from ad valorem taxes, impact fees,
808808 revenue, contract payments, grants, or other district money, or any
809809 combination of those sources, to pay for any authorized district
810810 purpose.
811811 Sec. 7960.0502. TAXES FOR BONDS. At the time the district
812812 issues bonds payable wholly or partly from ad valorem taxes, the
813813 board shall provide for the annual imposition of a continuing
814814 direct ad valorem tax, without limit as to rate or amount, while all
815815 or part of the bonds are outstanding as required and in the manner
816816 provided by Sections 54.601 and 54.602, Water Code.
817817 Sec. 7960.0503. BONDS FOR ROAD PROJECTS. At the time of
818818 issuance, the total principal amount of bonds or other obligations
819819 issued or incurred to finance road projects and payable from ad
820820 valorem taxes may not exceed one-fourth of the assessed value of the
821821 real property in the district.
822822 (b) The Deer Creek Ranch Municipal Utility District No. 1
823823 initially includes all the territory contained in the following
824824 area:
825825 A 685.400 ACRE TRACT OF LAND SITUATED IN THE THOMAS POLK
826826 SURVEY, ABSTRACT NO. 703, THE HENRY ASKEW SURVEY, ABSTRACT NO. 35,
827827 ABSTRACT NO. 703, THE HENRY ASKEW SURVEY, ABSTRACT NO. 396, THE
828828 SAMUEL W. DAVIS SURVEY, ABSTRACT NO. 1087 AND THE SAMUEL W. DAVIS
829829 SURVEY, ABSTRACT NO. 165, LOCATED IN BELL COUNTY, TEXAS AND
830830 McCLENNAN COUNTY, TEXAS AND BEING A PORTION OF A CALLED 730.417 ACRE
831831 TRACT OF LAND CONVEYED TO VWB TRUST BY INSTRUMENTS RECORDED IN
832832 DOCUMENT NO. 20160034747 OF THE OFFICIAL PPUBLIC RECORDS OF BELL
833833 COUNTY, TEXAS AND IN DOCUMENT NO. 2016029961 OF THE OFFICIAL PUBLIC
834834 RECORDS OF McCLENNAN COUNTY, TEXAS. SAID 685.400 ACRE TRACT BEING
835835 MORE FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE NORTH
836836 AMERICAN DATUM OF 1983 (NA 2011) EPOCH 2010.00, FROM THE TEXAS
837837 COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE:
838838 BEGINNING at a 1/2" iron rod found on a point being the
839839 northeast corner of said 730.417-acre tract of land, for the
840840 northeast corner and POINT OF BEGINNING hereof;
841841 THENCE with the east boundary line of said 730.417-acre
842842 tract, the following three (3) courses and distances:
843843 1. S 29°39'16" E for a distance of 23.01 feet to an angle point
844844 hereof,
845845 2. S 29°37'25" E for a distance of 486.87 feet to an angle point
846846 hereof, and
847847 3. S 29°29'03" E for a distance of 493.85 feet to a point being the
848848 northeast corner of a called 5.525-acre tract of land conveyed to
849849 Larry Pietsch et ux, by instrument recorded in Document
850850 No. 2010000488 of the Official Public Records of Falls County,
851851 Texas, for an angle point hereof;
852852 THENCE with the north boundary line of said 5.525-acre tract,
853853 the following two (2) courses and distances:
854854 1. S 57°58'39" W for a distance of 542.26 feet to an angle point
855855 hereof, and
856856 2. S 56°02'27" W for a distance of 58.49 feet to a point being the
857857 northwest corner of said 5.525-acre tract, for an angle point
858858 hereof;
859859 THENCE with west boundary line of said 5.525-acre tract,
860860 S 32°56'37" E for a distance of 396.46 feet to a point being the
861861 northwest corner of a called 5.075-acre tract of land conveyed to
862862 Larry Pietsch et ux, by instrument recorded in Document no.
863863 2010000485 of the Official Public Records of Falls County, Texas,
864864 same being the southwest corner of said 5.525-acre tract, for an
865865 angle point hereof;
866866 THENCE with the west boundary line of said 5.075-acre tract,
867867 S 14°23'05" E for a distance of 363.73 feet to a point being the
868868 southwest corner of said 5.075-acre tract for an angle point
869869 hereof;
870870 THENCE with the south boundary line of said 5.075-acre tract
871871 N 59°41'47" E for a distance of 143.92 feet to a point in the
872872 approximate west boundary line of Falls County, Texas, same being
873873 the approximate east boundary line of Bell County, Texas, for an
874874 angle point hereof;
875875 THENCE departing the south boundary line of said 5.075-acre
876876 tract with the approximate west boundary line of Falls County,
877877 Texas, same being the approximate east boundary line of Bell
878878 County, Texas and through the interior of said 730.417 acre tract,
879879 S 32°52'48" E for a distance of 2076.93 feet to a point in the north
880880 right-of-way line of County Road 498 (right-of-way width varies),
881881 same being the southern boundary line of said 730.417-acre tract
882882 for the southeast corner hereof;
883883 THENCE with the north right-of-way line of County Road 498,
884884 same being the southern boundary line of said 730.417-acre tract,
885885 the following six (6) courses and distances:
886886 1. S 59°45'11" W for a distance of 307.98 feet to a point
887887 2. S 56°40'31" W for a distance of 452.77 feet to an angle point
888888 hereof,
889889 3. S 59°50'03" W for a distance of 818.71 feet to an angle point
890890 hereof,
891891 4. S 59°28'26" W for a distance of 725.73 feet to an angle point
892892 hereof,
893893 5. S 59°11'05" W for a distance of 653.72 feet to 1/2" iron rod
894894 found on a point, for an angle point hereof, and
895895 6. S 15°31'38" W for a distance of 522.86 feet to a 1/2" iron rod
896896 found on a point being the northeasterly corner of a called 125-acre
897897 tract of land conveyed to Jackie Elizabeth Bounds, et al by
898898 instrument recorded on Document No. 2020014897 of the Official
899899 Public Records of Bell County, Texas, same being a southeasterly
900900 corner of said 730.417-acre tract, for a southeasterly corner
901901 hereof;
902902 THENCE with the northerly boundary line of said 125-acre
903903 tract, same being the southerly boundary line of said 730.417-acre
904904 tract, the following four (4) courses and distances:
905905 1. N 68°17'07" W for a distance of 1982.29 feet to an angle point
906906 hereof,
907907 2. S 20°13'41" W for a distance of 1194.63 feet to a 1/2" iron rod
908908 found on an angle point hereof,
909909 3. N 70°00'40" W for a distance of 1040.46 feet to a 1/2" iron rod
910910 found on an angle point hereof, and
911911 4. S 20°16'01" W for a distance of 913.53 feet to a point in the
912912 north boundary line of called 50.00-acre tract of land conveyed to
913913 Howard Thomas Daye and Glenda Marie Daye, by instrument recorded in
914914 Document No. 20085002539 of the Official Public Records of Bell
915915 County, Texas, same being the southwesterly corner of said 125-acre
916916 tract, for an angle point hereof;
917917 THENCE with, in part, the northerly boundary lines of: said
918918 50.002-acre tract, a called 9.68-acre tract conveyed to Arthur
919919 Poston, by instrument recorded in Volume 5990, Page 314 of the
920920 Probate Records of Bell County, Texas and a called 64-acre tract of
921921 land conveyed to John D. Price and Vi Price, by instrument recorded
922922 in Volume 3324, Page 204 of the Deed Records of Bell County, Texas,
923923 respectively, same being the southerly boundary line of said
924924 730.417-acre tract, N 69°43'06" W for a distance of 1577.88 feet to
925925 a 1/2" iron rod found on a point in the southeasterly boundary line
926926 of a called 89.5-acre tract of land conveyed to the H.B. Hillyard,
927927 Jr. and Julia I. Hillyard Revocable Living Trust, by instrument
928928 recorded in Volume 1845, Page 808 of the Deed Records of McClennan
929929 County, Texas, for an angle point hereof;
930930 THENCE with the southeasterly boundary line of said 89.5-acre
931931 tract, same being the southerly boundary line of said 730.417-acre
932932 tract, N 57°14'15" E for a distance of 1017.80 feet to a 1/2" iron
933933 rod found on a point being the northeast corner of said 89.5-acre
934934 tract, for an angle point hereof;
935935 THENCE with the northerly boundary line of said 89.5-acre
936936 tract, same being the southerly boundary line of said 730.417-acre
937937 tract, N 73°22'08" W for a distance of 2682.51 feet to a to a 1/2"
938938 iron rod found on a point in the easterly right-of-way of Neal Road
939939 (right-of-way width varies), said point being the northwest corner
940940 of said 89.5-acre tract, same being the southwesterly corner of
941941 said 730.417-acre tract, for the southwesterly corner hereof;
942942 THENCE with the easterly right-of-way line of said Neal Road,
943943 same being the westerly boundary line of said 730.417-acre tract,
944944 the following two (2) courses and distances:
945945 N 16°44'59" E for a distance of 641.51 feet to an angle
946946 point hereof, and
947947 N 16°43'27" E for a distance of 1649.96 feet to a 1/2:"
948948 iron rod found on a point in the southerly margin of Franklin
949949 Road, said point being the northwest corner of said
950950 730.417-acre tract, for the northwest corner hereof;
951951 THENCE with the southerly margin of said Franklin Road, same
952952 being the northwesterly boundary line of said 730.417-acre tract,
953953 the following three (3) courses and distances:
954954 1. N 88°45'56" E for a distance of 1956.89 feet to an angle point
955955 hereof,
956956 2. S 89°44'59" E for a distance of 1153.82 feet to a 1/2" iron rod
957957 found on for an angle point hereof, and
958958 3. N 59°40'59" E for a distance of 1208.65 feet to an angle point
959959 hereof;
960960 THENCE departing the southerly margin of Franklin Road,
961961 through the interior of said 730.417-acre tract, S 61°17'12" E for a
962962 distance of 29.19 feet to a point being the northwesterly corner of
963963 a called 10.00-acre tract of land conveyed to Kimberly Worthington,
964964 by instrument recorded in Document No. 2021020842 of the Official
965965 Public Records of McClennan County, Texas, for an angle point
966966 hereof;
967967 THENCE with the westerly, southerly and easterly boundary
968968 lines, respectively, of said 10.00-acre tract the following twelve
969969 (12) courses and distances:
970970 1. S 61°17'12" E for a distance of 324.55 feet to an angle point
971971 hereof,
972972 2. N 06°20'39" E for a distance of 80.42 feet to an angle point
973973 hereof,
974974 3. N 57°20'12" E for a distance of 81.81 feet to an angle point
975975 hereof,
976976 4. S 23°32'20" E for a distance of 67.80 feet to an angle point
977977 hereof,
978978 5. S 08°42'13" E for a distance of 181.25 feet to an angle point
979979 hereof,
980980 6. N 39°25'15" E for a distance of 103.44 feet to an angle point
981981 hereof,
982982 7. S 22°37'59" E for a distance of 186.24 feet to an angle point
983983 hereof,
984984 8. N 57°23'30" E for a distance of 88.53 feet to an angle point
985985 hereof,
986986 9. S 29°10'57" E for a distance of 72.30 feet to an angle point
987987 hereof,
988988 10. N 59°40'57" E for a distance of 20.00 feet to an angle point
989989 hereof,
990990 11. N 59°40'57" E for a distance of 489.21 feet to an angle point
991991 hereof, and
992992 12. N 30°19'01" W for a distance of 663.75 feet to a point being the
993993 northeasterly corner of said 10.00-acre tract for an angle point
994994 hereof;
995995 THENCE departing the boundary line of said 10.00-acre tract,
996996 through the interior of said 730.417-acre tract, N 30°19'01" W for a
997997 distance of 25.02 feet to a point in the southerly margin of
998998 Franklin Road, same being the northwesterly boundary line of said
999999 730.417-acre tract, the following three (3) courses and distances:
10001000 1. N 59°40'59" E for a distance of 701.97 feet to an angle point
10011001 hereof,
10021002 2. N 60°40'09" E for a distance of 1305.59 feet to an angle point
10031003 hereof, and
10041004 3. N 60°36'34" E for a distance of 617.98 feet to a point to the
10051005 POINT OF BEGINNING and containing 685.400 acres in the McClennan
10061006 County, Texas and Bell County, Texas. Said tract being described in
10071007 accordance with a survey prepared under Job No. 59012-22 by
10081008 Pape-Dawson Engineers, Inc.
10091009 (c) If the Act enacting this section does not receive a
10101010 two-thirds vote of all the members elected to each house,
10111011 Subchapter C, Chapter 7960, Special District Local Laws Code, as
10121012 added by Subsection (a) of this section, is amended by adding
10131013 Section 7960.0307 to read as follows:
10141014 Sec. 7960.0307. NO EMINENT DOMAIN POWER. The district may
10151015 not exercise the power of eminent domain.
10161016 (d) Section 3(c) of this Act is not intended to be an
10171017 expression of a legislative interpretation of the requirements of
10181018 Section 17(c), Article I, Texas Constitution.
10191019 SECTION 4. (a) Subtitle F, Title 6, Special District Local
10201020 Laws Code, is amended by adding Chapter 7962 to read as follows:
10211021 CHAPTER 7962. JARRELL ESTATES MUNICIPAL UTILITY DISTRICT NO. 1
10221022 SUBCHAPTER A. GENERAL PROVISIONS
10231023 Sec. 7962.0101. DEFINITIONS. In this chapter:
10241024 (1) "Board" means the district's board of directors.
10251025 (2) "Commission" means the Texas Commission on
10261026 Environmental Quality.
10271027 (3) "Director" means a board member.
10281028 (4) "District" means the Jarrell Estates Municipal
10291029 Utility District No. 1.
10301030 Sec. 7962.0102. NATURE OF DISTRICT. The district is a
10311031 municipal utility district created under Section 59, Article XVI,
10321032 Texas Constitution.
10331033 Sec. 7962.0103. CONFIRMATION AND DIRECTORS' ELECTION
10341034 REQUIRED. The temporary directors shall hold an election to
10351035 confirm the creation of the district and to elect five permanent
10361036 directors as provided by Section 49.102, Water Code.
10371037 Sec. 7962.0104. CONSENT OF MUNICIPALITY REQUIRED. The
10381038 temporary directors may not hold an election under Section
10391039 7962.0103 until each municipality in whose corporate limits or
10401040 extraterritorial jurisdiction the district is located has
10411041 consented by ordinance or resolution to the creation of the
10421042 district and to the inclusion of land in the district.
10431043 Sec. 7962.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
10441044 (a) The district is created to serve a public purpose and benefit.
10451045 (b) The district is created to accomplish the purposes of:
10461046 (1) a municipal utility district as provided by
10471047 general law and Section 59, Article XVI, Texas Constitution; and
10481048 (2) Section 52, Article III, Texas Constitution, that
10491049 relate to the construction, acquisition, improvement, operation,
10501050 or maintenance of macadamized, graveled, or paved roads, or
10511051 improvements, including storm drainage, in aid of those roads.
10521052 Sec. 7962.0106. INITIAL DISTRICT TERRITORY. (a) The
10531053 district is initially composed of the territory described by
10541054 Section 4(b) of the Act enacting this chapter.
10551055 (b) The boundaries and field notes contained in Section 4(b)
10561056 of the Act enacting this chapter form a closure. A mistake made in
10571057 the field notes or in copying the field notes in the legislative
10581058 process does not affect the district's:
10591059 (1) organization, existence, or validity;
10601060 (2) right to issue any type of bond for the purposes
10611061 for which the district is created or to pay the principal of and
10621062 interest on a bond;
10631063 (3) right to impose a tax; or
10641064 (4) legality or operation.
10651065 SUBCHAPTER B. BOARD OF DIRECTORS
10661066 Sec. 7962.0201. GOVERNING BODY; TERMS. (a) The district is
10671067 governed by a board of five elected directors.
10681068 (b) Except as provided by Section 7962.0202, directors
10691069 serve staggered four-year terms.
10701070 Sec. 7962.0202. TEMPORARY DIRECTORS. (a) The temporary
10711071 board consists of:
10721072 (1) Jake Newman;
10731073 (2) Davis Craig;
10741074 (3) Brad Harwick;
10751075 (4) LouAnn Covington; and
10761076 (5) Stephen Fowler.
10771077 (b) Temporary directors serve until the earlier of:
10781078 (1) the date permanent directors are elected under
10791079 Section 7962.0103; or
10801080 (2) the fourth anniversary of the effective date of
10811081 the Act enacting this chapter.
10821082 (c) If permanent directors have not been elected under
10831083 Section 7962.0103 and the terms of the temporary directors have
10841084 expired, successor temporary directors shall be appointed or
10851085 reappointed as provided by Subsection (d) to serve terms that
10861086 expire on the earlier of:
10871087 (1) the date permanent directors are elected under
10881088 Section 7962.0103; or
10891089 (2) the fourth anniversary of the date of the
10901090 appointment or reappointment.
10911091 (d) If Subsection (c) applies, the owner or owners of a
10921092 majority of the assessed value of the real property in the district
10931093 may submit a petition to the commission requesting that the
10941094 commission appoint as successor temporary directors the five
10951095 persons named in the petition. The commission shall appoint as
10961096 successor temporary directors the five persons named in the
10971097 petition.
10981098 SUBCHAPTER C. POWERS AND DUTIES
10991099 Sec. 7962.0301. GENERAL POWERS AND DUTIES. The district
11001100 has the powers and duties necessary to accomplish the purposes for
11011101 which the district is created.
11021102 Sec. 7962.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
11031103 DUTIES. The district has the powers and duties provided by the
11041104 general law of this state, including Chapters 49 and 54, Water Code,
11051105 applicable to municipal utility districts created under Section 59,
11061106 Article XVI, Texas Constitution.
11071107 Sec. 7962.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
11081108 52, Article III, Texas Constitution, the district may design,
11091109 acquire, construct, finance, issue bonds for, improve, operate,
11101110 maintain, and convey to this state, a county, or a municipality for
11111111 operation and maintenance macadamized, graveled, or paved roads, or
11121112 improvements, including storm drainage, in aid of those roads.
11131113 Sec. 7962.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
11141114 road project must meet all applicable construction standards,
11151115 zoning and subdivision requirements, and regulations of each
11161116 municipality in whose corporate limits or extraterritorial
11171117 jurisdiction the road project is located.
11181118 (b) If a road project is not located in the corporate limits
11191119 or extraterritorial jurisdiction of a municipality, the road
11201120 project must meet all applicable construction standards,
11211121 subdivision requirements, and regulations of each county in which
11221122 the road project is located.
11231123 (c) If the state will maintain and operate the road, the
11241124 Texas Transportation Commission must approve the plans and
11251125 specifications of the road project.
11261126 Sec. 7962.0305. COMPLIANCE WITH MUNICIPAL REGULATIONS. Any
11271127 water, sanitary sewer, road, drainage, or other infrastructure or
11281128 public facilities constructed, acquired, improved, maintained, or
11291129 operated by the district shall comply with any subdivision or other
11301130 applicable regulations of any municipality in whose corporate
11311131 limits or extraterritorial jurisdiction the infrastructure or
11321132 public facilities are located unless other regulations are
11331133 specified in a development agreement between the district and the
11341134 municipality.
11351135 Sec. 7962.0306. COMPLIANCE WITH MUNICIPAL CONSENT
11361136 ORDINANCE OR RESOLUTION. The district shall comply with all
11371137 applicable requirements of any ordinance or resolution that is
11381138 adopted under Section 54.016 or 54.0165, Water Code, and that
11391139 consents to the creation of the district or to the inclusion of land
11401140 in the district.
11411141 Sec. 7962.0307. DIVISION OF DISTRICT. (a) The district may
11421142 be divided into two or more new districts only if the district:
11431143 (1) has no outstanding bonded debt; and
11441144 (2) is not imposing ad valorem taxes.
11451145 (b) This chapter applies to any new district created by the
11461146 division of the district, and a new district has all the powers and
11471147 duties of the district.
11481148 (c) Any new district created by the division of the district
11491149 may not, at the time the new district is created, contain any land
11501150 outside the area described by Section 4(b) of the Act enacting this
11511151 chapter.
11521152 (d) The board, on its own motion or on receipt of a petition
11531153 signed by the owner or owners of a majority of the assessed value of
11541154 the real property in the district, may adopt an order dividing the
11551155 district.
11561156 (e) The board may adopt an order dividing the district
11571157 before or after the date the board holds an election under Section
11581158 7962.0103 to confirm the district's creation.
11591159 (f) An order dividing the district shall:
11601160 (1) name each new district;
11611161 (2) include the metes and bounds description of the
11621162 territory of each new district;
11631163 (3) appoint temporary directors for each new district;
11641164 and
11651165 (4) provide for the division of assets and liabilities
11661166 between or among the new districts.
11671167 (g) On or before the 30th day after the date of adoption of
11681168 an order dividing the district, the district shall file the order
11691169 with the commission and record the order in the real property
11701170 records of each county in which the district is located.
11711171 (h) Any new district created by the division of the district
11721172 shall hold a confirmation and directors' election as required by
11731173 Section 7962.0103. If the voters of a new district do not confirm
11741174 the creation of the new district, the assets, obligations,
11751175 territory, and governance of the new district revert to the
11761176 original district.
11771177 (i) If the creation of the new district is confirmed, the
11781178 new district shall provide the election date and results to the
11791179 commission.
11801180 (j) Municipal consent to the creation of the district and to
11811181 the inclusion of land in the district granted under Section
11821182 7962.0104 acts as municipal consent to the creation of any new
11831183 district created by the division of the district and to the
11841184 inclusion of land in the new district.
11851185 (k) Any new district created by the division of the district
11861186 must hold an election as required by this chapter to obtain voter
11871187 approval before the district may impose a maintenance tax or issue
11881188 bonds payable wholly or partly from ad valorem taxes.
11891189 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11901190 Sec. 7962.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
11911191 The district may issue, without an election, bonds and other
11921192 obligations secured by:
11931193 (1) revenue other than ad valorem taxes; or
11941194 (2) contract payments described by Section 7962.0403.
11951195 (b) The district must hold an election in the manner
11961196 provided by Chapters 49 and 54, Water Code, to obtain voter approval
11971197 before the district may impose an ad valorem tax or issue bonds
11981198 payable from ad valorem taxes.
11991199 (c) The district may not issue bonds payable from ad valorem
12001200 taxes to finance a road project unless the issuance is approved by a
12011201 vote of a two-thirds majority of the district voters voting at an
12021202 election held for that purpose.
12031203 Sec. 7962.0402. OPERATION AND MAINTENANCE TAX. (a) If
12041204 authorized at an election held under Section 7962.0401, the
12051205 district may impose an operation and maintenance tax on taxable
12061206 property in the district in accordance with Section 49.107, Water
12071207 Code.
12081208 (b) The board shall determine the tax rate. The rate may not
12091209 exceed the rate approved at the election.
12101210 (c) Section 49.107(f), Water Code, does not apply to
12111211 reimbursements for projects constructed or acquired under Section
12121212 7962.0303.
12131213 Sec. 7962.0403. CONTRACT TAXES. (a) In accordance with
12141214 Section 49.108, Water Code, the district may impose a tax other than
12151215 an operation and maintenance tax and use the revenue derived from
12161216 the tax to make payments under a contract after the provisions of
12171217 the contract have been approved by a majority of the district voters
12181218 voting at an election held for that purpose.
12191219 (b) A contract approved by the district voters may contain a
12201220 provision stating that the contract may be modified or amended by
12211221 the board without further voter approval.
12221222 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
12231223 Sec. 7962.0501. AUTHORITY TO ISSUE BONDS AND OTHER
12241224 OBLIGATIONS. The district may issue bonds or other obligations
12251225 payable wholly or partly from ad valorem taxes, impact fees,
12261226 revenue, contract payments, grants, or other district money, or any
12271227 combination of those sources, to pay for any authorized district
12281228 purpose.
12291229 Sec. 7962.0502. TAXES FOR BONDS. At the time the district
12301230 issues bonds payable wholly or partly from ad valorem taxes, the
12311231 board shall provide for the annual imposition of a continuing
12321232 direct ad valorem tax, without limit as to rate or amount, while all
12331233 or part of the bonds are outstanding as required and in the manner
12341234 provided by Sections 54.601 and 54.602, Water Code.
12351235 Sec. 7962.0503. BONDS FOR ROAD PROJECTS. At the time of
12361236 issuance, the total principal amount of bonds or other obligations
12371237 issued or incurred to finance road projects and payable from ad
12381238 valorem taxes may not exceed one-fourth of the assessed value of the
12391239 real property in the district.
12401240 (b) The Jarrell Estates Municipal Utility District No. 1
12411241 initially includes all the territory contained in the following
12421242 area:
12431243 (a) BEGINNING: At a 2" pipe post found in the North line of
12441244 County Road 232 for the lower Southeast corner of a 649.53 Acre
12451245 Tract (Document #2004074055, Official Public Records, described in
12461246 Volume 2520, Page 200 and Volume 2598, Page 457, Official Public
12471247 Records) and an exterior corner of said 3072.64 Acre Tract and of
12481248 this tract from which a 2" pipe post found in the South line of said
12491249 county road for the Northwest corner of a 48.65 Acre Tract (surveyed
12501250 March 10, 2022) bears S 00° 18' 48" W 56.15 feet;
12511251 THENCE: Along a fence with the lower East line of said 649.53
12521252 Acre Tract and a West line of said 3072.64 Acre Tract and of this
12531253 tract as follows:
12541254 N 04° 31' 43" W 735.20 feet to a 3" pipe post found for an angle
12551255 point;
12561256 N 10° 51' 27" W 14.01 feet to a 3" pipe post found for an
12571257 interior corner of said 649.53 Acre Tract and an exterior corner of
12581258 said 3072.64 Acre Tract and of this tract;
12591259 THENCE: Along a fence with the upper South line of said 649.53
12601260 Acre Tract and a North line of said 3072.64 Acre Tract and of this
12611261 tract as follows:
12621262 N 65° 24' 32" E 680.46 feet to a 2" pipe post found for an angle
12631263 point;
12641264 N 65° 28' 50" E 651.69 feet to a 2" pipe post found for an angle
12651265 point;
12661266 N 68° 01' 01" E 2635.82 feet to a 100D nail set for the
12671267 Southeast corner of said 649.53 Acre Tract and an interior corner of
12681268 said 3072.64 Acre Tract and of this tract;
12691269 THENCE: Along a fence with the East line of Abstract No. 358,
12701270 Survey No. 1, and said 649.53 Acre Tract, the lower East line of a
12711271 1209.24 Acre Tract (Document #2014012037, Official Public
12721272 Records), the West line of Survey No. 21, and the upper West line of
12731273 said 3072.64 Acre Tract and of this tract as follows:
12741274 N 21° 16' 42" W 2553.70 feet to a 2" pipe post found for an
12751275 angle point;
12761276 N 21° 14' 51" W 877.13 feet to a steel post found for an angle
12771277 point;
12781278 N 20° 54' 03" W 2216.78 feet to a 3" pipe post found for the
12791279 Northeast corner of said 649.53 Acre Tract and an angle point of
12801280 this tract;
12811281 S 69° 04' 53" W 13.57 feet with the North line of said 649.53
12821282 Acre Tract to a 3" pipe post found for the Southeast corner of said
12831283 1209.24 Acre Tract and an angle point of this tract;
12841284 N 20° 05' 30" W 1230.33 feet to a 2" pipe post found for an
12851285 interior corner of said 1209.24 Acre Tract and the upper Northwest
12861286 corner of said 3072.64 Acre Tract and of this tract;
12871287 THENCE: Along a fence with the upper South line of said
12881288 1209.24 Acre Tract, the South line of a 5611 Acre Tract (Volume 365,
12891289 Page 115, Deed Records) and the North line of said 3072.64 Acre
12901290 Tract and of this tract as follows:
12911291 N 68° 20' 52" E 277.73 feet to a 1/2" iron pin found by 10"
12921292 cedar post for the upper Southeast corner of said 1209.24 Acre
12931293 Tract, the upper Southwest corner of said 5611 Acre Tract, and an
12941294 angle point of this tract;
12951295 N 68° 26' 45" E 5079.62 feet to a 2" pipe post found for an
12961296 angle point;
12971297 S 86° 22' 04" E 411.00 feet to a 1/2" iron pin found by 6" cedar
12981298 post for an interior corner of said 5611 Acre Tract and the upper
12991299 Northeast corner of this tract;
13001300 S 20° 51' 48" E 2076.49 feet to a 5/8" iron pin found by 3" pipe
13011301 post for an exterior corner of said 5611 Acre Tract and an interior
13021302 corner of this tract;
13031303 N 69° 23' 59" E 1379.50 feet to a 3" pipe post found for an
13041304 interior corner of said 5611 Acre Tract and an exterior corner of
13051305 this tract;
13061306 S 21° 50' 49" E 1736.87 feet to a 3" pipe post found for an
13071307 angle point;
13081308 S 20° 41' 55" E 1761.43 feet to a 3" pipe post found for the
13091309 lower Southwest corner of said 5611 Acre Tract, an interior corner
13101310 of said 3072.64 Acre Tract, an exterior corner of a 1205.00 Acre
13111311 Tract (this day surveyed), and an angle point of this tract;
13121312 S 21° 05' 42" E 540.16 feet into said 3072.64 Acre Tract to a
13131313 5/8" iron pin set for an interior corner of said 1205.00 Acre Tract
13141314 and the upper Southeast corner of this tract;
13151315 THENCE: S 68° 43' 40" W 5320.62 feet to a 5/8" iron pin set for
13161316 the Northwest corner of said 1205.00 Acre Tract and an interior
13171317 corner of this tract;
13181318 THENCE: S 21° 02' 32" E 5182.49 feet, at 2584.32 feet pass a
13191319 5/8" iron pin set for an angle point of said 1205.00 Acre Tract and
13201320 the upper Northwest corner of a 514.30 Acre Tract (this day
13211321 surveyed), continuing to a 5/8" iron pin set for an interior corner
13221322 of said 514.30 Acre Tract and an exterior corner of this tract;
13231323 THENCE: S 68° 57' 28" W 1870.94 feet to a 5/8" iron pin set for
13241324 the lower Northwest corner of said 514.30 Acre Tract and the lower
13251325 Southwest corner of this tract;
13261326 THENCE: N 20° 44' 59" W 1603.97 feet along a fence with the
13271327 East line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458, Page
13281328 859, Deed Records) and the West line of Survey No. 21 to a 1/2" iron
13291329 pin found by 10" cedar post for the Northeast corner of Survey
13301330 No. 13 and said 195.5 Acre Tract, the Southeast corner of Abstract
13311331 No. 358, and an interior corner of said 3072.64 Acre Tract and of
13321332 this tract;
13331333 THENCE: S 68° 20' 05" W 3102.03 feet along a fence with the
13341334 North line of Survey No. 13 and the South line of Abstract No. 358
13351335 to a 6" cedar post found for an exterior corner of said 3072.64 Acre
13361336 Tract and of this tract;
13371337 THENCE: Along a fence with the East line of said county road
13381338 and a West line of said 3072.64 Acre Tract and of this tract passing
13391339 2" pipe posts found as follows:
13401340 N 32° 07' 47" W 379.77 feet to an angle point;
13411341 N 33° 01' 44" W 321.50 feet to an angle point;
13421342 N 50° 45' 25" W 315.12 feet to an angle point;
13431343 N 41° 41' 33" W 368.36 feet to an angle point;
13441344 N 17° 54' 39" W 267.13 feet to an angle point;
13451345 N 22° 26' 20" W 168.35 feet to an angle point;
13461346 N 46° 44' 55" W 100.13 feet to an angle point;
13471347 N 71° 41' 21" W 102.15 feet to an angle point;
13481348 N 81° 36' 11" W 539.79 feet to the POINT OF BEGINNING.
13491349 (b) BEGINNING: At a 5/8" iron pin set under fence in the West
13501350 line of a 673.33 Acre Tract (Document #2021159264, Official Public
13511351 Records) and the lower East line of said 3072.64 Acre Tract for the
13521352 lower Southeast corner of a 1205.00 Acre Tract (this day surveyed)
13531353 and the lower Northeast corner of this tract from which a 1/2" iron
13541354 pin found for an angle point of said 1205.00 Acre Tract bears N 20°
13551355 43' 12med" W 159.01 feet;
13561356 THENCE: Along a fence with the West line of said 673.33 Acre
13571357 Tract and the lower East line of said 3072.64 Acre Tract and of this
13581358 tract as follows:
13591359 S 20° 43' 10" E 519.72 feet to a 1/2" iron pin found for an
13601360 angle point;
13611361 S 12° 01' 50" E 291.83 feet to a 5/8" iron pin found for an
13621362 interior corner of said 673.33 Acre Tract, an exterior corner of
13631363 said 3072.64 Acre Tract, and the upper Southeast corner of this
13641364 tract;
13651365 THENCE: Along a fence with the North line of Survey No. 20,
13661366 the lower North line of said 673.33 Acre Tract, and the North line
13671367 of a 30-foot Nature Trail of Spear's Ranch on Salado Creek Section
13681368 One (Cabinet T, Slides 209 thru 223, Plat Records), and the South
13691369 line of Survey No. 21, and a South line of this tract as follows:
13701370 S 69° 56' 54" W 252.66 feet to a 1/2" iron pin found by 3" pipe
13711371 post for the lower Northwest corner of said 673.33 Acre Tract, the
13721372 Northeast corner of said nature trail, and an angle point of this
13731373 tract;
13741374 S 69° 04' 11" W 416.61 feet to an angle point;
13751375 S 69° 08' 40" W 1831.06 feet to an angle point;
13761376 S 68° 48' 01" W 760.40 feet to an angle point;
13771377 S 67° 55' 49" W 1390.64 feet to an angle point;
13781378 S 69° 24' 50" W 1554.14 feet to a 2" pipe post found for the
13791379 Northwest corner of said nature trail, the Northeast corner of said
13801380 67.66 Acre Tract, and an interior corner of this tract;
13811381 THENCE: Along a fence with the West line of said nature trail,
13821382 the East line of said 67.66 Acre Tract, and the lower East line of
13831383 this tract as follows:
13841384 S 02° 25' 02" E 30.04 feet to a 1/2" iron pin found by 26" Live
13851385 Oak tree for an angle point;
13861386 S 26° 21' 04" E 218.30 feet to a 3/8" iron pin found for an
13871387 angle point;
13881388 S 26° 19' 50" E 456.50 feet to a 3/8" iron pin found by 16" Live
13891389 Oak tree for an angle point;
13901390 S 25° 01' 14" E 305.56 feet to an 18" Oak tree found for an
13911391 angle point;
13921392 S 21° 39' 46" E 165.35 feet to a 3/8" iron pin found for an
13931393 angle point;
13941394 S 16° 12' 10" E 339.66 feet to an 18" Cedar tree found for an
13951395 angle point;
13961396 S 14° 12' 03" E 533.49 feet to a 1/2" iron pin found by 18" Oak
13971397 tree for an angle point;
13981398 S 19° 05' 16" E 202.66 feet to a 3/8" iron pin found by 12" Live
13991399 Oak for an angle point;
14001400 S 14° 09' 26" E 650.74 feet to a 3/8" iron pin found by 4" cedar
14011401 post for an angle point;
14021402 S 15° 16' 20" E 383.91 feet to a 10" cedar post found for the
14031403 Northeast corner of the remainder of a 2161.001 Acre Tract
14041404 (Document #2000028918, Official Public Records), the Southeast
14051405 corner of said 67.66 Acre Tract, and the lower Southeast corner of
14061406 this tract;
14071407 THENCE: S 71° 03' 19" W 770.90 feet along a fence to a 1/2"
14081408 iron pin found by 10" creosote post for the Northwest corner of the
14091409 remainder of said 2161.001 Acre Tract, the Southwest corner of said
14101410 67.66 Acre Tract, and the lower Southwest corner of this tract;
14111411 THENCE: N 21° 37' 35" W 1396.02 feet along a fence with the
14121412 East line of Survey No. 13 and a 106.95 Acre Tract (Volume 2255,
14131413 Page 742, Official Public Records) and the West line of Survey
14141414 No. 20 to a 1/2" iron pin found by 8" creosote post for the
14151415 Northeast corner of said 106.95 Acre Tract, an angle point of said
14161416 67.66 Acre Tract, an exterior corner of said 3072.64 Acre Tract, and
14171417 an interior corner of this tract;
14181418 THENCE: Along a fence with the North line of said 106.95 Acre
14191419 Tract and a South line of said 3072.64 Acre Tract and of this tract
14201420 as follows:
14211421 S 68° 18' 48" W 1267.81 feet to a 1/2" iron pin found for an
14221422 angle point;
14231423 S 76° 37' 01" W 136.62 feet to a 40D nail found by Elm for an
14241424 angle point;
14251425 S 83° 29' 14" W 102.48 feet to a 40D nail found by Elm for an
14261426 angle point;
14271427 N 61° 35' 19" W 10.73 feet to a 6" cedar post found for an angle
14281428 point;
14291429 N 87° 05' 38" W 119.71 feet to a 1/2" iron pin found by 2" pipe
14301430 post for an angle point;
14311431 S 06° 13' 12" E 175.36 feet to a 1/2" iron pin found by 2" pipe
14321432 post for an angle point;
14331433 S 56° 36' 48" W 75.04 feet to a 1/2" iron pin found for an angle
14341434 point;
14351435 S 44° 41' 09" W 113.47 feet to a 2" pipe post found for an angle
14361436 point;
14371437 S 42° 07' 36" W 152.96 feet to a 5/8" iron pin set for the
14381438 Northwest corner of said 106.95 Acre Tract and an exterior corner of
14391439 said 3072.64 Acre Tract and of this tract;
14401440 THENCE: Along a fence with the East line of County Road 232
14411441 and a West line of said 3072.64 Acre Tract and of this tract as
14421442 follows:
14431443 N 19° 17' 35" E 134.40 feet to an angle point;
14441444 N 24° 00' 25" W 138.58 feet to an angle point;
14451445 N 38° 19' 18" W 658.87 feet to a 1/2" iron pin found by 2" pipe
14461446 post for an angle point;
14471447 N 39° 31' 29" W 250.06 feet, at 51.76 feet pass the South
14481448 terminus of a 50-foot Road Easement (this day surveyed), continuing
14491449 to an angle point;
14501450 N 44° 04' 25" W 261.31 feet to an angle point;
14511451 N 44° 10' 37" W 593.32 feet to a 2" pipe post found for an angle
14521452 point;
14531453 N 14° 32' 04" W 211.93 feet to an angle point;
14541454 N 04° 30' 47" W 470.65 feet to a 1/2" iron pin found in the
14551455 South line of a 195.5 Acre Tract (Volume 2458, Page 859, Deed
14561456 Records) and an exterior corner of said 3072.64 Acre Tract and of
14571457 this tract;
14581458 THENCE: N 68° 15' 37" E 2341.32 feet along a fence to a 10"
14591459 cedar post found for the Southeast corner of said 195.5 Acre Tract
14601460 and an interior corner of said 3072.64 Acre Tract and of this tract;
14611461 THENCE: N 20° 44' 59" W 702.86 feet along a fence with the
14621462 East line of Survey No. 13 and said 195.5 Acre Tract and the West
14631463 line of Survey No. 21 and said 3072.64 Acre Tract to a 5/8" iron pin
14641464 set for an exterior corner of a 1419.57 Acre Tract (this day
14651465 surveyed) and the lower Northwest corner of this tract;
14661466 THENCE: Crossing said 3072.64 Acre Tract with the North line
14671467 of this tract as follows:
14681468 N 68° 57' 28" E 1870.94 feet to a 5/8" iron pin set for the
14691469 lower Southeast corner of said 1419.57 Acre Tract and an interior
14701470 corner of this tract;
14711471 N 21° 02' 32" W 2598.17 feet with the lower East line of said
14721472 1419.57 Acre Tract to a 5/8" iron pin set for an angle point of said
14731473 1205.00 Acre Tract and the upper Northwest corner of this tract;
14741474 Continuing with the North line of this tract and the South
14751475 line of said 1205.00 Acre Tract as follows:
14761476 S 64° 48' 25" E 1376.79 feet, at 618.20 feet pass the North
14771477 terminus of said road easement, continuing to a 5/8" iron pin set
14781478 for an angle point;
14791479 N 72° 00' 34" E 2659.37 feet to a 5/8" iron pin set for an
14801480 interior corner of said 1205.00 Acre Tract and the upper Northeast
14811481 corner of this tract;
14821482 S 20° 22' 11" E 1911.75 feet to a 5/8" iron pin set for the
14831483 Southwest corner of said 1205.00 Acre Tract and an interior corner
14841484 of this tract;
14851485 N 67° 49' 03" E 1727.05 feet to the POINT OF BEGINNING.
14861486 (c) BEGINNING: At a 1/2" iron pin found in the West line of
14871487 County Road 232 and the South line of a 195.5 Acre Tract (Volume
14881488 2458, Page 859, Deed Records) for the Northeast corner of this tract
14891489 from which a 1/2" iron pin found in the East line of said county road
14901490 for an exterior corner of a 514.30 Acre Tract (this day surveyed)
14911491 bears N 68° 50' 18" E 54.24 feet;
14921492 THENCE: With the West line of said road and the East line of
14931493 this tract passing 1/2" iron pins found as follows:
14941494 S 04° 49' 16" E 455.90 feet to an angle point;
14951495 S 14° 52' 48" E 238.88 feet to an angle point;
14961496 S 44° 15' 55" E 602.34 feet to an angle point;
14971497 S 44° 13' 37" E 256.82 feet to an angle point;
14981498 S 39° 27' 01" E 248.02 feet to an angle point;
14991499 S 38° 18' 33" E 658.46 feet to an angle point;
15001500 S 24° 31' 17" E 109.18 feet to a 1/2" iron pin found for the
15011501 Southeast corner of this tract;
15021502 THENCE: With the North line of said county road and the South
15031503 line of this tract as follows:
15041504 S 18° 59' 07" W 95.53 feet to a 5/8" iron pin set for an angle
15051505 point;
15061506 S 44° 19' 36" W 271.53 feet to a 5/8" iron pin set for an angle
15071507 point;
15081508 S 43° 01' 41" W 369.83 feet to a 1/2" iron pin found for an
15091509 angle point;
15101510 S 42° 33' 02" W 219.62 feet to a 1/2" iron pin found for an
15111511 angle point;
15121512 S 04° 07' 18" W 76.42 feet to a 5/8" iron pin set for an angle
15131513 point;
15141514 S 37° 56' 47" W 139.57 feet, at 79.09 feet pass a found 2" pipe
15151515 post, continuing to the Southwest corner of this tract;
15161516 THENCE: Along the center of North Salado Creek with the East
15171517 line of a 12.00 Acre Tract (Document #2020075231, Official Public
15181518 Records) and a 124.74 Acre Tract (Document #2016095553, Official
15191519 Public Records) and the West line of this tract as follows:
15201520 N 41° 03' 59" W 131.42 feet to an angle point;
15211521 N 11° 53' 19" W 40.63 feet to an angle point;
15221522 N 76° 36' 27" W 45.17 feet to an angle point;
15231523 N 30° 48' 05" W 126.68 feet to an angle point;
15241524 N 78° 57' 33" W 87.41 feet to an angle point;
15251525 N 12° 44' 59" E 79.02 feet to an angle point;
15261526 N 11° 00' 13" W 73.47 feet to an angle point;
15271527 S 88° 36' 10" W 82.16 feet to an angle point;
15281528 N 66° 02' 15" W 98.65 feet to an angle point;
15291529 N 06° 27' 32" W 106.86 feet to an angle point;
15301530 N 30° 17' 17" E 145.33 feet to an angle point;
15311531 N 03° 28' 06" W 75.42 feet to an angle point;
15321532 N 37° 44' 59" W 146.89 feet to an angle point;
15331533 N 63° 26' 06" W 145.44 feet to an angle point;
15341534 N 38° 31' 49" W 136.06 feet to an angle point;
15351535 N 12° 39' 09" W 86.38 feet to an angle point;
15361536 N 04° 05' 08" W 70.68 feet to an angle point;
15371537 S 86° 18' 31" W 52.15 feet to an angle point;
15381538 N 76° 52' 51" W 106.01 feet to an angle point;
15391539 N 12° 38' 00" W 83.15 feet to an angle point;
15401540 N 23° 29' 55" W 105.25 feet to an angle point;
15411541 N 10° 37' 11" E 136.64 feet to an angle point;
15421542 N 04° 47' 52" W 86.56 feet to an angle point;
15431543 N 34° 45' 21" W 139.44 feet to an angle point;
15441544 N 06° 54' 40" W 77.72 feet to an angle point;
15451545 N 17° 40' 47" E 51.12 feet to an angle point;
15461546 N 52° 40' 44" E 193.31 feet to an angle point;
15471547 N 18° 45' 31" E 85.20 feet to an angle point;
15481548 N 23° 41' 26" W 105.23 feet to an angle point;
15491549 N 86° 35' 59" W 152.93 feet to an angle point;
15501550 N 60° 31' 27" W 77.06 feet to an angle point;
15511551 N 30° 15' 23" W 81.04 feet to an angle point;
15521552 N 67° 37' 12" W 107.25 feet to an angle point;
15531553 S 79° 56' 22" W 183.67 feet to an angle point;
15541554 N 73° 48' 39" W 94.15 feet to an angle point;
15551555 S 88° 10' 54" W 91.93 feet to an angle point;
15561556 N 53° 44' 46" W 180.85 feet to an angle point;
15571557 N 74° 50' 45" W 120.88 feet to an angle point;
15581558 N 39° 12' 26" W 60.40 feet to the Southwest corner of said
15591559 195.5 Acre Tract and the Northwest corner of this tract;
15601560 THENCE: N 68° 20' 39" E 1386.29 feet with the South line of
15611561 said 195.5 Acre Tract, at 19.37 feet pass a found 12" Pecan stump,
15621562 continuing along a fence to the POINT OF BEGINNING.
15631563 (d) BEGINNING: At a 2" pipe post found in the South line of
15641564 County Road 232 and the lower East line of a 649.53 Acre Tract
15651565 (Document # #2004074055, Official Public Records, described in
15661566 Volume 2520, Page 200 and Volume 2598, Page 457, Official Public
15671567 Records) for the Northwest corner of this tract from which a 2" pipe
15681568 post found in the North line of said county road for the upper
15691569 Southwest corner of a 1419.57 Acre Tract (this day surveyed) bears N
15701570 00° 18' 48" E 56.15 feet;
15711571 THENCE: Along a fence with the South and West line of said
15721572 county road and the North and East line of this tract as follows:
15731573 S 83° 15' 32" E 491.41 feet to a 6" cedar post found for an
15741574 angle point;
15751575 S 71° 41' 57" E 76.53 feet to a 6" cedar post found for an angle
15761576 point;
15771577 S 48° 56' 34" E 139.44 feet to a 6" cedar post found for an
15781578 angle point;
15791579 S 19° 57' 48" E 414.71 feet to a 5" cedar post found for an
15801580 angle point;
15811581 S 41° 43' 21" E 317.47 feet to a 5" cedar post found for an
15821582 angle point;
15831583 S 49° 16' 01" E 370.58 feet to a 6" cedar post found for an
15841584 angle point;
15851585 S 32° 42' 02" E 683.73 feet to a 2" pipe post found for the
15861586 Southeast corner of this tract;
15871587 THENCE: S 68° 22' 29" W 1256.52 feet along a fence with the
15881588 North line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458,
15891589 Page 859, Deed Records) and the South line of Abstract No. 358, at
15901590 1209.80 feet pass a 1/2" iron pin found by 14" Elm, continuing
15911591 without fence to the Northwest corner of said 195.5 Acre Tract and
15921592 the lower Southwest corner of this tract;
15931593 THENCE: Along the center of North Salado Creek with the North
15941594 line of a 61.80 Acre Tract (Document #2010063430, Official Public
15951595 Records) and the South line of this tract as follows:
15961596 N 02° 31' 01" W 103.87 feet to an angle point;
15971597 N 52° 32' 58" W 74.50 feet to an angle point;
15981598 N 84° 29' 40" W 104.92 feet to an angle point;
15991599 S 85° 34' 16" W 152.08 feet to an angle point;
16001600 N 80° 01' 20" W 218.89 feet to the lower Southeast corner of
16011601 said 649.53 Acre Tract and the Southwest corner of this tract;
16021602 THENCE: With the lower East line of said 649.53 Acre Tract
16031603 and the West line of this tract as follows:
16041604 N 04° 31' 03" E 649.14 feet, at 72.82 feet pass a found 2" pipe
16051605 post, continuing along a fence to a 12" cedar post found for an
16061606 angle point;
16071607 N 02° 28' 22" E 641.86 feet along a fence to a 2" pipe post
16081608 found for an angle point;
16091609 N 04° 10' 33" W 608.21 feet along a fence to the POINT OF
16101610 BEGINNING.
16111611 (c) If the Act enacting this section does not receive a
16121612 two-thirds vote of all the members elected to each house,
16131613 Subchapter C, Chapter 7962, Special District Local Laws Code, as
16141614 added by Subsection (a) of this section, is amended by adding
16151615 Section 7962.0308 to read as follows:
16161616 Sec. 7962.0308. NO EMINENT DOMAIN POWER. The district may
16171617 not exercise the power of eminent domain.
16181618 (d) Subsection (c) of this section is not intended to be an
16191619 expression of a legislative interpretation of the requirements of
16201620 Section 17(c), Article I, Texas Constitution.
16211621 SECTION 5. (a) Subtitle F, Title 6, Special District Local
16221622 Laws Code, is amended by adding Chapter 7968A to read as follows:
16231623 CHAPTER 7968A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
16241624 NO. 236
16251625 SUBCHAPTER A. GENERAL PROVISIONS
16261626 Sec. 7968A.0101. DEFINITIONS. In this chapter:
16271627 (1) "Board" means the district's board of directors.
16281628 (2) "Commission" means the Texas Commission on
16291629 Environmental Quality.
16301630 (3) "Director" means a board member.
16311631 (4) "District" means the Montgomery County Municipal
16321632 Utility District No. 236.
16331633 Sec. 7968A.0102. NATURE OF DISTRICT. The district is a
16341634 municipal utility district created under Section 59, Article XVI,
16351635 Texas Constitution.
16361636 Sec. 7968A.0103. CONFIRMATION AND DIRECTOR ELECTION
16371637 REQUIRED. The temporary directors shall hold an election to
16381638 confirm the creation of the district and to elect five permanent
16391639 directors as provided by Section 49.102, Water Code.
16401640 Sec. 7968A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
16411641 temporary directors may not hold an election under Section
16421642 7968A.0103 until each municipality in whose corporate limits or
16431643 extraterritorial jurisdiction the district is located has
16441644 consented by ordinance or resolution to the creation of the
16451645 district and to the inclusion of land in the district as required by
16461646 applicable law.
16471647 Sec. 7968A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
16481648 (a) The district is created to serve a public purpose and benefit.
16491649 (b) The district is created to accomplish the purposes of:
16501650 (1) a municipal utility district as provided by
16511651 general law and Section 59, Article XVI, Texas Constitution; and
16521652 (2) Section 52, Article III, Texas Constitution, that
16531653 relate to the construction, acquisition, improvement, operation,
16541654 or maintenance of macadamized, graveled, or paved roads, or
16551655 improvements, including storm drainage, in aid of those roads.
16561656 Sec. 7968A.0106. INITIAL DISTRICT TERRITORY. (a) The
16571657 district is initially composed of the territory described by
16581658 Section 5(b) of the Act enacting this chapter.
16591659 (b) The boundaries and field notes contained in Section 5(b)
16601660 of the Act enacting this chapter form a closure. A mistake made in
16611661 the field notes or in copying the field notes in the legislative
16621662 process does not affect the district's:
16631663 (1) organization, existence, or validity;
16641664 (2) right to issue any type of bond for the purposes
16651665 for which the district is created or to pay the principal of and
16661666 interest on a bond;
16671667 (3) right to impose a tax; or
16681668 (4) legality or operation.
16691669 SUBCHAPTER B. BOARD OF DIRECTORS
16701670 Sec. 7968A.0201. GOVERNING BODY; TERMS. (a) The district
16711671 is governed by a board of five elected directors.
16721672 (b) Except as provided by Section 7968A.0202, directors
16731673 serve staggered four-year terms.
16741674 Sec. 7968A.0202. TEMPORARY DIRECTORS. (a) On or after the
16751675 effective date of the Act enacting this chapter, the owner or owners
16761676 of a majority of the assessed value of the real property in the
16771677 district may submit a petition to the commission requesting that
16781678 the commission appoint as temporary directors the five persons
16791679 named in the petition. The commission shall appoint as temporary
16801680 directors the five persons named in the petition.
16811681 (b) Temporary directors serve until the earlier of:
16821682 (1) the date permanent directors are elected under
16831683 Section 7968A.0103; or
16841684 (2) the fourth anniversary of the effective date of
16851685 the Act enacting this chapter.
16861686 (c) If permanent directors have not been elected under
16871687 Section 7968A.0103 and the terms of the temporary directors have
16881688 expired, successor temporary directors shall be appointed or
16891689 reappointed as provided by Subsection (d) to serve terms that
16901690 expire on the earlier of:
16911691 (1) the date permanent directors are elected under
16921692 Section 7968A.0103; or
16931693 (2) the fourth anniversary of the date of the
16941694 appointment or reappointment.
16951695 (d) If Subsection (c) applies, the owner or owners of a
16961696 majority of the assessed value of the real property in the district
16971697 may submit a petition to the commission requesting that the
16981698 commission appoint as successor temporary directors the five
16991699 persons named in the petition. The commission shall appoint as
17001700 successor temporary directors the five persons named in the
17011701 petition.
17021702 SUBCHAPTER C. POWERS AND DUTIES
17031703 Sec. 7968A.0301. GENERAL POWERS AND DUTIES. The district
17041704 has the powers and duties necessary to accomplish the purposes for
17051705 which the district is created.
17061706 Sec. 7968A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
17071707 DUTIES. The district has the powers and duties provided by the
17081708 general law of this state, including Chapters 49 and 54, Water Code,
17091709 applicable to municipal utility districts created under Section 59,
17101710 Article XVI, Texas Constitution.
17111711 Sec. 7968A.0303. AUTHORITY FOR ROAD PROJECTS. Under
17121712 Section 52, Article III, Texas Constitution, the district may
17131713 design, acquire, construct, finance, issue bonds for, improve,
17141714 operate, maintain, and convey to this state, a county, or a
17151715 municipality for operation and maintenance macadamized, graveled,
17161716 or paved roads, or improvements, including storm drainage, in aid
17171717 of those roads.
17181718 Sec. 7968A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
17191719 road project must meet all applicable construction standards,
17201720 zoning and subdivision requirements, and regulations of each
17211721 municipality in whose corporate limits or extraterritorial
17221722 jurisdiction the road project is located.
17231723 (b) If a road project is not located in the corporate limits
17241724 or extraterritorial jurisdiction of a municipality, the road
17251725 project must meet all applicable construction standards,
17261726 subdivision requirements, and regulations of each county in which
17271727 the road project is located.
17281728 (c) If the state will maintain and operate the road, the
17291729 Texas Transportation Commission must approve the plans and
17301730 specifications of the road project.
17311731 Sec. 7968A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
17321732 ORDINANCE OR RESOLUTION. The district shall comply with all
17331733 applicable requirements of any ordinance or resolution that is
17341734 adopted under Section 54.016 or 54.0165, Water Code, and that
17351735 consents to the creation of the district or to the inclusion of land
17361736 in the district.
17371737 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
17381738 Sec. 7968A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
17391739 The district may issue, without an election, bonds and other
17401740 obligations secured by:
17411741 (1) revenue other than ad valorem taxes; or
17421742 (2) contract payments described by Section
17431743 7968A.0403.
17441744 (b) The district must hold an election in the manner
17451745 provided by Chapters 49 and 54, Water Code, to obtain voter approval
17461746 before the district may impose an ad valorem tax or issue bonds
17471747 payable from ad valorem taxes.
17481748 (c) The district may not issue bonds payable from ad valorem
17491749 taxes to finance a road project unless the issuance is approved by a
17501750 vote of a two-thirds majority of the district voters voting at an
17511751 election held for that purpose.
17521752 Sec. 7968A.0402. OPERATION AND MAINTENANCE TAX. (a) If
17531753 authorized at an election held under Section 7968A.0401, the
17541754 district may impose an operation and maintenance tax on taxable
17551755 property in the district in accordance with Section 49.107, Water
17561756 Code.
17571757 (b) The board shall determine the tax rate. The rate may not
17581758 exceed the rate approved at the election.
17591759 Sec. 7968A.0403. CONTRACT TAXES. (a) In accordance with
17601760 Section 49.108, Water Code, the district may impose a tax other than
17611761 an operation and maintenance tax and use the revenue derived from
17621762 the tax to make payments under a contract after the provisions of
17631763 the contract have been approved by a majority of the district voters
17641764 voting at an election held for that purpose.
17651765 (b) A contract approved by the district voters may contain a
17661766 provision stating that the contract may be modified or amended by
17671767 the board without further voter approval.
17681768 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
17691769 Sec. 7968A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
17701770 OBLIGATIONS. The district may issue bonds or other obligations
17711771 payable wholly or partly from ad valorem taxes, impact fees,
17721772 revenue, contract payments, grants, or other district money, or any
17731773 combination of those sources, to pay for any authorized district
17741774 purpose.
17751775 Sec. 7968A.0502. TAXES FOR BONDS. At the time the district
17761776 issues bonds payable wholly or partly from ad valorem taxes, the
17771777 board shall provide for the annual imposition of a continuing
17781778 direct ad valorem tax, without limit as to rate or amount, while all
17791779 or part of the bonds are outstanding as required and in the manner
17801780 provided by Sections 54.601 and 54.602, Water Code.
17811781 Sec. 7968A.0503. BONDS FOR ROAD PROJECTS. At the time of
17821782 issuance, the total principal amount of bonds or other obligations
17831783 issued or incurred to finance road projects and payable from ad
17841784 valorem taxes may not exceed one-fourth of the assessed value of the
17851785 real property in the district.
17861786 (b) Montgomery County Municipal Utility District No. 236
17871787 initially includes all the territory contained in the following
17881788 area:
17891789 A 231.1123 ACRE TRACT OF LAND IN THE S. TERRY SURVEY, ABSTRACT
17901790 NO. 564, MONTGOMERY COUNTY, TEXAS, BEING OUT OF AND A PART OF A
17911791 CALLED 1,702.2 ACRE TRACT CONVEYED TO DAYAKAR PUSKOOR, TRUSTEE OF
17921792 1992 GUNIGANTI CREDIT SHELTER TRUSTS, AKA THE GUNIGANTI FAMILY
17931793 TRUSTS AS RECORDED UNDER MONTGOMERY COUNTY CLERK'S FILE NUMBER
17941794 (M.C.C.F. NO.) 2019097078 (DESCRIBED UNDER M.C.C.F. NO.
17951795 2012127211), THE SAID 231.1123 ACRE TRACT BEING MORE PARTICULARLY
17961796 DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (WITH BEARINGS BASED ON
17971797 THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE, AS DETERMINED BY
17981798 GPS MEASUREMENTS):
17991799 COMMENCING at a 3/4-inch iron rod found marking an angle in
18001800 the west line of said 1,702.2 acre tract, and the west line of a
18011801 called 150.00 acre tract, conveyed to TC LB Royal Pines, LP as
18021802 recorded under M.C.C.F. NO. 2021171601;
18031803 THENCE, North 03°35'35" West, along the west line of said
18041804 1,702.2 acre tract, and said 150.00 acre tract, passing at a
18051805 distance of 10.54 feet, a found 5/8" iron rod with cap stamped
18061806 "TERRA", passing at a distance of 874 feet, the approximate
18071807 centerline of White Oak Creek, being the northwest corner of the
18081808 said 150.00 acre tract, continuing along the west line of said
18091809 1,702.2 acre tract a total distance of 4,572.60 feet, to a 1/2" iron
18101810 rod found marking the northeast corner of Lot 6, Block 3, White Oak
18111811 Crossing Sec 4 (WOC4), map or plat thereof recorded under Cabinet
18121812 (Cab.) Z, Sheet (Sht.) 3640 Montgomery County Map Records
18131813 (M.C.M.R.), and an interior corner of said 1,702.2 acre tract, and
18141814 the herein described tract;
18151815 THENCE, South 87°08'26" West, along the north lines of said
18161816 WOC4, and White Oak Crossing Sec 3 (WOC3), map or plat thereof
18171817 recorded under Cab. Z, Sht. 2286 M.C.M.R., common with the
18181818 southerly line of said 1,702.2 acre tract and the herein described
18191819 tract, a distance of 2,132.46 feet, to a 5/8" iron rod with cap
18201820 stamped "HOVIS" found marking the northwest corner of Lot 19, Block
18211821 5, of said WOC3;
18221822 THENCE, North 07°21'12" West, departing said common line,
18231823 over and across said WCO3, A 19.14 acre tract conveyed to Prabhakar
18241824 R. Guniganti as recorded under M.C.C.F. NO. 2016114018, and said
18251825 1,702.2 acre tract, a distance of 4,946.84 feet, to the west line of
18261826 said 1,702.2 acre tract marking the southwest corner, and POINT OF
18271827 BEGINNING of the herein described tract;
18281828 THENCE, North 02°19'57" West, along the west line of said
18291829 1,702.2 acre tract, passing at a distance of 7.13 feet the southerly
18301830 Right-Of-Way (R.O.W.) line of State Highway 99 (A.K.A. Grand
18311831 Parkway), as described in the agreed final judgement recorded under
18321832 M.C.C.F. NO. 2022115684, passing at a distance of 407.22 feet, the
18331833 northerly R.O.W. line of said State Highway 99, continuing a total
18341834 distance of 2,694.43 feet, to the northwest corner of said 1,702.2
18351835 acre tract and the herein described tract;
18361836 THENCE, North 86°56'15" East, along the northerly line of said
18371837 1,702.2 acre tract, a distance of 2,313.87 feet, to an angle in the
18381838 north line of said 1,702.2 acre tract and the herein described
18391839 tract;
18401840 THENCE, North 88°18'37" East, along the northerly line of said
18411841 1,702.2 acre tract, a distance of 84.62 feet, to the northeast
18421842 corner of the herein described tract;
18431843 THENCE, over and across said 1,702.2 acre tract, the
18441844 following twenty nine (29) courses and distances:
18451845 South 01°34'11" East, a distance of 523.07 feet, to an angle
18461846 in the east line of the herein described tract;
18471847 South 88°20'05" East, a distance of 320.48 feet, to an angle
18481848 in the east line of the herein described tract;
18491849 South 72°57'20" East, a distance of 524.04 feet, to an angle
18501850 in the east line of the herein described tract;
18511851 South 55°07'09" East, a distance of 242.85 feet, to an angle
18521852 in the east line of the herein described tract;
18531853 South 26°44'17" East, a distance of 274.37 feet, to an angle
18541854 in the east line of the herein described tract;
18551855 South 34°39'23" East, a distance of 466.61 feet, to an angle
18561856 in the east line of the herein described tract;
18571857 South 29°43'18" East, a distance of 94.04 feet, to an angle in
18581858 the east line of the herein described tract;
18591859 South 03°45'41" West, a distance of 196.73 feet, to an angle
18601860 in the east line of the herein described tract;
18611861 South 27°52'41" East, a distance of 382.54 feet, to an angle
18621862 in the east line of the herein described tract;
18631863 South 29°14'09" East, a distance of 98.06 feet, to an angle in
18641864 the east line of the herein described tract;
18651865 South 18°42'01" West, a distance of 156.58 feet, to an angle
18661866 in the east line of the herein described tract;
18671867 South 45°05'06" West, a distance of 138.46 feet, to an angle
18681868 in the east line of the herein described tract;
18691869 South 72°00'22" West, a distance of 171.11 feet, to an angle
18701870 in the east line of the herein described tract;
18711871 South 64°09'37" West, a distance of 133.85 feet, to the
18721872 beginning of a curve to the right;
18731873 In a southwesterly direction, along said curve to the right,
18741874 having a radius of 3,014.66 feet, a central angle of 01°26'03"
18751875 (chord bears South 64°04'47" West, 75.45 feet) and an arc distance
18761876 of 75.45 feet, to the beginning of a reverse curve to the left;
18771877 In a southwesterly direction, along said reverse curve to the
18781878 left, having a radius of 100.00 feet, a central angle of 13°17'38"
18791879 (chord bears South 57°47'21" West, 23.15 feet) and an arc distance
18801880 of 23.20 feet, to the beginning of a reverse curve to the right;
18811881 In a southwesterly direction, along said reverse curve to the
18821882 right, having a radius of 500.00 feet, a central angle of 12°42'15"
18831883 (chord bears South 57°29'40" West, 110.64 feet) and an arc distance
18841884 of 110.86 feet, to the beginning of a reverse curve to the left;
18851885 In a southwesterly direction, along said reverse curve to the
18861886 left, having a radius of 100.00 feet, a central angle of 07°23'59"
18871887 (chord bears South 60°08'48" West, 12.91 feet) and an arc distance
18881888 of 12.92 feet, to the beginning of a reverse curve to the right;
18891889 In a southwesterly direction, along said reverse curve to the
18901890 right, having a radius of 100.00 feet, a central angle of 23°30'02"
18911891 (chord bears South 68°11'50" West, 40.73 feet) and an arc distance
18921892 of 41.02 feet, to the point of tangency;
18931893 South 79°56'51" West, a distance of 52.57 feet, to the
18941894 beginning of a curve to the right;
18951895 In a westerly direction, along said curve to the right,
18961896 having a radius of 100.00 feet, a central angle of 24°12'11" (chord
18971897 bears North 87°57'04" West, 41.93 feet) and an arc distance of 42.24
18981898 feet, to the point of compound curvature;
18991899 In a northwesterly direction, along said compound curve to
19001900 the right, having a radius of 500.00 feet, a central angle of
19011901 01°07'37" (chord bears North 75°17'10" West, 9.83 feet) and an arc
19021902 distance of 9.83 feet, to the point of reverse curvature;
19031903 In a southwesterly direction, along said reverse curve to the
19041904 left, having a radius of 100.00 feet, a central angle of 59°15'48"
19051905 (chord bears South 75°38'44" West, 98.88 feet) and an arc distance
19061906 of 103.43 feet, to the point of tangency;
19071907 South 46°00'50" West, a distance of 240.66 feet, to an angle
19081908 in the southerly line of the herein described tract;
19091909 North 47°45'22" West, a distance of 351.90 feet, to the
19101910 beginning of a curve to the right;
19111911 In a northwesterly direction, along said curve to the right,
19121912 having a radius of 1,250.00 feet, a central angle of 01°33'58"
19131913 (chord bears North 46°58'23" West, 34.17 feet) and an arc distance
19141914 of 34.17 feet, to the point of tangency;
19151915 South 53°50'57" West, a distance of 302.10 feet, to the
19161916 beginning of a curve to the left;
19171917 In a southwesterly direction, along said curve to the left,
19181918 having a radius of 2,000.00 feet, a central angle of 17°35'11"
19191919 (chord bears South 45°03'21" West, 611.48 feet) and an arc distance
19201920 of 613.89 feet, to the point of tangency;
19211921 South 36°15'45" West, a distance of 406.05 feet, to an angle
19221922 in the southerly line of the herein described tract;
19231923 THENCE, North 68°09'29" West, a distance of 1,868.05 feet, to
19241924 the POINT OF BEGINNING, and containing 231.1123 acres of land.
19251925 (c) If the Act enacting this section does not receive a
19261926 two-thirds vote of all the members elected to each house,
19271927 Subchapter C, Chapter 7968A, Special District Local Laws Code, as
19281928 added by Subsection (a) of this section, is amended by adding
19291929 Section 7968A.0306 to read as follows:
19301930 Sec. 7968A.0306. NO EMINENT DOMAIN POWER. The district may
19311931 not exercise the power of eminent domain.
19321932 (d) Subsection (c) of this section is not intended to be an
19331933 expression of a legislative interpretation of the requirements of
19341934 Section 17(c), Article I, Texas Constitution.
19351935 SECTION 6. (a) Subtitle F, Title 6, Special District Local
19361936 Laws Code, is amended by adding Chapter 8010A to read as follows:
19371937 CHAPTER 8010A. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 49
19381938 SUBCHAPTER A. GENERAL PROVISIONS
19391939 Sec. 8010A.0101. DEFINITIONS. In this chapter:
19401940 (1) "Board" means the district's board of directors.
19411941 (2) "Commission" means the Texas Commission on
19421942 Environmental Quality.
19431943 (3) "Director" means a board member.
19441944 (4) "District" means the Williamson County Municipal
19451945 Utility District No. 49.
19461946 Sec. 8010A.0102. NATURE OF DISTRICT. The district is a
19471947 municipal utility district created under Section 59, Article XVI,
19481948 Texas Constitution.
19491949 Sec. 8010A.0103. CONFIRMATION AND DIRECTOR ELECTION
19501950 REQUIRED. The temporary directors shall hold an election to
19511951 confirm the creation of the district and to elect five permanent
19521952 directors as provided by Section 49.102, Water Code.
19531953 Sec. 8010A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
19541954 temporary directors may not hold an election under Section
19551955 8010A.0103 until each municipality in whose corporate limits or
19561956 extraterritorial jurisdiction the district is located has
19571957 consented by ordinance or resolution to the creation of the
19581958 district and to the inclusion of land in the district as required by
19591959 applicable law.
19601960 Sec. 8010A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
19611961 (a) The district is created to serve a public purpose and benefit.
19621962 (b) The district is created to accomplish the purposes of:
19631963 (1) a municipal utility district as provided by
19641964 general law and Section 59, Article XVI, Texas Constitution; and
19651965 (2) Section 52, Article III, Texas Constitution, that
19661966 relate to the construction, acquisition, improvement, operation,
19671967 or maintenance of macadamized, graveled, or paved roads, or
19681968 improvements, including storm drainage, in aid of those roads.
19691969 Sec. 8010A.0106. INITIAL DISTRICT TERRITORY. (a) The
19701970 district is initially composed of the territory described by
19711971 Section 6(b) of the Act enacting this chapter.
19721972 (b) The boundaries and field notes contained in Section 6(b)
19731973 of the Act enacting this chapter form a closure. A mistake made in
19741974 the field notes or in copying the field notes in the legislative
19751975 process does not affect the district's:
19761976 (1) organization, existence, or validity;
19771977 (2) right to issue any type of bond for the purposes
19781978 for which the district is created or to pay the principal of and
19791979 interest on a bond;
19801980 (3) right to impose a tax; or
19811981 (4) legality or operation.
19821982 SUBCHAPTER B. BOARD OF DIRECTORS
19831983 Sec. 8010A.0201. GOVERNING BODY; TERMS. (a) The district
19841984 is governed by a board of five elected directors.
19851985 (b) Except as provided by Section 8010A.0202, directors
19861986 serve staggered four-year terms.
19871987 Sec. 8010A.0202. TEMPORARY DIRECTORS. (a) The temporary
19881988 board consists of:
19891989 (1) Mark Tickner;
19901990 (2) Nick Easley;
19911991 (3) Walter Duke;
19921992 (4) Zachary Summers; and
19931993 (5) Noah Terrazas.
19941994 (b) Temporary directors serve until the earlier of:
19951995 (1) the date permanent directors are elected under
19961996 Section 8010A.0103; or
19971997 (2) the fourth anniversary of the effective date of
19981998 the Act enacting this chapter.
19991999 (c) If permanent directors have not been elected under
20002000 Section 8010A.0103 and the terms of the temporary directors have
20012001 expired, successor temporary directors shall be appointed or
20022002 reappointed as provided by Subsection (d) to serve terms that
20032003 expire on the earlier of:
20042004 (1) the date permanent directors are elected under
20052005 Section 8010A.0103; or
20062006 (2) the fourth anniversary of the date of the
20072007 appointment or reappointment.
20082008 (d) If Subsection (c) applies, the owner or owners of a
20092009 majority of the assessed value of the real property in the district
20102010 may submit a petition to the commission requesting that the
20112011 commission appoint as successor temporary directors the five
20122012 persons named in the petition. The commission shall appoint as
20132013 successor temporary directors the five persons named in the
20142014 petition.
20152015 SUBCHAPTER C. POWERS AND DUTIES
20162016 Sec. 8010A.0301. GENERAL POWERS AND DUTIES. The district
20172017 has the powers and duties necessary to accomplish the purposes for
20182018 which the district is created.
20192019 Sec. 8010A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
20202020 DUTIES. The district has the powers and duties provided by the
20212021 general law of this state, including Chapters 49 and 54, Water Code,
20222022 applicable to municipal utility districts created under Section 59,
20232023 Article XVI, Texas Constitution.
20242024 Sec. 8010A.0303. AUTHORITY FOR ROAD PROJECTS. Under
20252025 Section 52, Article III, Texas Constitution, the district may
20262026 design, acquire, construct, finance, issue bonds for, improve,
20272027 operate, maintain, and convey to this state, a county, or a
20282028 municipality for operation and maintenance macadamized, graveled,
20292029 or paved roads, or improvements, including storm drainage, in aid
20302030 of those roads.
20312031 Sec. 8010A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
20322032 road project must meet all applicable construction standards,
20332033 zoning and subdivision requirements, and regulations of each
20342034 municipality in whose corporate limits or extraterritorial
20352035 jurisdiction the road project is located.
20362036 (b) If a road project is not located in the corporate limits
20372037 or extraterritorial jurisdiction of a municipality, the road
20382038 project must meet all applicable construction standards,
20392039 subdivision requirements, and regulations of each county in which
20402040 the road project is located.
20412041 (c) If the state will maintain and operate the road, the
20422042 Texas Transportation Commission must approve the plans and
20432043 specifications of the road project.
20442044 Sec. 8010A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
20452045 ORDINANCE OR RESOLUTION. The district shall comply with all
20462046 applicable requirements of any ordinance or resolution that is
20472047 adopted under Section 54.016 or 54.0165, Water Code, and that
20482048 consents to the creation of the district or to the inclusion of land
20492049 in the district.
20502050 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
20512051 Sec. 8010A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
20522052 The district may issue, without an election, bonds and other
20532053 obligations secured by:
20542054 (1) revenue other than ad valorem taxes; or
20552055 (2) contract payments described by Section
20562056 8010A.0403.
20572057 (b) The district must hold an election in the manner
20582058 provided by Chapters 49 and 54, Water Code, to obtain voter approval
20592059 before the district may impose an ad valorem tax or issue bonds
20602060 payable from ad valorem taxes.
20612061 (c) The district may not issue bonds payable from ad valorem
20622062 taxes to finance a road project unless the issuance is approved by a
20632063 vote of a two-thirds majority of the district voters voting at an
20642064 election held for that purpose.
20652065 Sec. 8010A.0402. OPERATION AND MAINTENANCE TAX. (a) If
20662066 authorized at an election held under Section 8010A.0401, the
20672067 district may impose an operation and maintenance tax on taxable
20682068 property in the district in accordance with Section 49.107, Water
20692069 Code.
20702070 (b) The board shall determine the tax rate. The rate may not
20712071 exceed the rate approved at the election.
20722072 Sec. 8010A.0403. CONTRACT TAXES. (a) In accordance with
20732073 Section 49.108, Water Code, the district may impose a tax other than
20742074 an operation and maintenance tax and use the revenue derived from
20752075 the tax to make payments under a contract after the provisions of
20762076 the contract have been approved by a majority of the district voters
20772077 voting at an election held for that purpose.
20782078 (b) A contract approved by the district voters may contain a
20792079 provision stating that the contract may be modified or amended by
20802080 the board without further voter approval.
20812081 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
20822082 Sec. 8010A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
20832083 OBLIGATIONS. The district may issue bonds or other obligations
20842084 payable wholly or partly from ad valorem taxes, impact fees,
20852085 revenue, contract payments, grants, or other district money, or any
20862086 combination of those sources, to pay for any authorized district
20872087 purpose.
20882088 Sec. 8010A.0502. TAXES FOR BONDS. At the time the district
20892089 issues bonds payable wholly or partly from ad valorem taxes, the
20902090 board shall provide for the annual imposition of a continuing
20912091 direct ad valorem tax, without limit as to rate or amount, while all
20922092 or part of the bonds are outstanding as required and in the manner
20932093 provided by Sections 54.601 and 54.602, Water Code.
20942094 Sec. 8010A.0503. BONDS FOR ROAD PROJECTS. At the time of
20952095 issuance, the total principal amount of bonds or other obligations
20962096 issued or incurred to finance road projects and payable from ad
20972097 valorem taxes may not exceed one-fourth of the assessed value of the
20982098 real property in the district.
20992099 (b) The Williamson County Municipal Utility District No. 49
21002100 initially includes all the territory contained in the following
21012101 area:
21022102 TRACT 1:
21032103 A 59.891 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
21042104 SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY,
21052105 TEXAS, BEING OUT OF A CALLED 60.57 ACRE TRACT CONVEYED TO LETTS
21062106 FAMILY TRUST BY INSTRUMENT RECORDED IN VOLUME 528, PAGE 376 OF THE
21072107 DEED RECORDS OF WILLIAMSON COUNTY, TEXAS A 59.891 ACRE TRACT OF LAND
21082108 SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23, ABSTRACT NO.
21092109 172, IN WILLIAMSON COUNTY, TEXAS, BEING OUT OF A CALLED 60.57 ACRE
21102110 TRACT CONVEYED TO LETTS FAMILY TRUST BY INSTRUMENT RECORDED IN
21112111 VOLUME 528, PAGE 376 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
21122112 TEXAS. SAID 59.891 ACRE TRACT BEING MORE FULLY DESCRIBED AS
21132113 FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM
21142114 ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF
21152115 1983 NAD 83 (NA2011) EPOCH 2010.00.:
21162116 BEGINNING at a 1/2" iron rod found in the west right-of-way
21172117 line of County Road 308, said point being the northeast corner of
21182118 said 60.57-acre tract, for the northeast corner and POINT OF
21192119 BEGINNING hereof;
21202120 THENCE S 20°52'36" E, with the west right-of-way line of said
21212121 County Road 308, same being the east boundary line of said
21222122 60.57-acre tract, a distance of 2045.72 feet to a 1/2" iron rod with
21232123 yellow cap marked "Pape-Dawson" set in the north right-of-way line
21242124 of County Road 305, same being the north boundary line of a called
21252125 0.5039 acre tract of land conveyed to Williamson County, Texas by
21262126 instrument recorded in Document No. 9820041 of the Official Public
21272127 Records of said County, for the southeast corner hereof;
21282128 THENCE S 68°212'37" W, with the north boundary line of said
21292129 0.5039-acre tract, same being the north right-of-way line of said
21302130 County Road 305, through the interior of said 60.57-acre tract, a
21312131 distance of 1258.78 feet to a 1/2" iron rod found on a point in the
21322132 east boundary line of a called 3.92-acre tract of land conveyed to
21332133 Gary R. Sheley and Rosita R. Sheley, by instrument recorded in
21342134 Document No. 2009090657 of said Official Public Records, same being
21352135 the west boundary line of said 60.57-acre tract, for the southwest
21362136 corner hereof;
21372137 THENCE N 21°39'56" W, departing the north right-of-way line of
21382138 said County Road 305, with, in part, the east boundary lines of:
21392139 said 3.92-acre tract, a called 10.00-acre tract of land conveyed to
21402140 Dudley K. Bukowsky and Tami Bukowsky by instrument recorded in
21412141 Document No. 2008016420 of said Official Public Records, Lot 5,
21422142 Bukowsky Subdivision, recorded in Document No. 2019064044 of said
21432143 Official Public Records, a called 10.51-acre tract of land conveyed
21442144 to Kerry Conaway, Jr., by instrument recorded in Document
21452145 No. 2006005509 of said Official Public Records and a called
21462146 10.51-acre tract of land conveyed to Darral Henderson and Elaine
21472147 Henderson by instrument recorded in Document No. 2006032860 of said
21482148 Official Public Records, a distance of 2053.57 feet to a 1/2" iron
21492149 rod with yellow cap marked "Pape-Dawson" set, for the southwest
21502150 corner of a called 60.99-acre tract of land conveyed to Wayne E.
21512151 Cavalier and Cyndi Pietan Cavalier, by instrument recorded in
21522152 Document No. 2012099245 of said Official Public Records, for the
21532153 northwest corner hereof;
21542154 THENCE N 68°48'58" E, with the south boundary line of said
21552155 60.99-acre tract, same being the north boundary line of said
21562156 60.57-acre tract, a distance of 1286.98 feet to the POINT OF
21572157 BEGINNING and containing 59.891 acres of land in Williamson County,
21582158 Texas. Said tract being described in accordance with a survey
21592159 prepared by Pape Dawson Engineers, Inc. under Job No. 51303-00.
21602160 TRACT 2:
21612161 A 110.720 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
21622162 SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY,
21632163 TEXAS. BEING ALL OF A CALLED 113 ACRE TRACT CONVEYED TO LETTS FAMILY
21642164 TRUST BY INSTRUMENT RECORDED IN VOLUME 486, PAGE 442 OF THE DEED
21652165 RECORDS OF WILLIAMSON COUNTY, TEXAS, A 110.720 ACRE TRACT OF LAND
21662166 SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23, ABSTRACT NO.
21672167 172, IN WILLIAMSON COUNTY, TEXAS. BEING ALL OF A CALLED 113 ACRE
21682168 TRACT CONVEYED TO LETTS FAMILY TRUST BY INSTRUMENT RECORDED IN
21692169 VOLUME 486, PAGE 442 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
21702170 TEXAS, SAID 110.720 ACRE TRACT BEING MORE FULLY DESCRIBED AS
21712171 FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM
21722172 ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF
21732173 1983 NAD 83 (NA2011) EPOCH 2010.00.:
21742174 BEGINNING at a 1/2" iron rod with yellow cap marked
21752175 "Pape-Dawson" set in the east right-of-way line of County Road 308,
21762176 said point being the northwest corner of a called 169.5 acre tract
21772177 of land conveyed to R.D. Hopper and Margaret Hopper Letts by
21782178 instrument recorded in Volume 478, Page 349 of said Deed Records,
21792179 same being the southwest corner of said 113 acre tract, for the
21802180 southeast corner and POINT OF BEGINNING hereof;
21812181 THENCE N 21°22'58" W, with the east right-of-way line of said
21822182 County Road 308, same being the west boundary line of said 113-acre
21832183 tract, a distance of 2048.33 feet to a 5/8" iron rod found for the
21842184 southwest corner of a called 17.0 acre tract of land conveyed to
21852185 Gertrude Ann Braband by instrument recorded in Document
21862186 No. 2016033164 of the Official Public Records of said County, same
21872187 being the northwest corner of said 113-acre tract, for the
21882188 northwest corner hereof;
21892189 THENCE N 69°02'46" E, departing the east right-of-way line of
21902190 said County Road 308, with the south boundary line of said 17.0 acre
21912191 tract, same being the north boundary line of said 113 acre tract,
21922192 for a distance of 1268.96 feet to a 5/8" iron rod found for the
21932193 southeast corner of said 17.0 acre tract, same being an interior ell
21942194 corner in said 113 acre tract, for an ell corner hereof;
21952195 THENCE N 21°00'19" W, with the east boundary line of said 17.0
21962196 acre tract, same being a west boundary line of said 113 acre tract,
21972197 a distance of 582.80 feet to a 1/2" iron rod found for the southwest
21982198 corner of a called 64.797 acre tract of land conveyed to Jose G.
21992199 Garcia, by instrument recorded in Document No. 2017005987 of said
22002200 Official Public records, same being the southeast corner of called
22012201 10.789 acre tract of land conveyed to the Belinda Ramsey Living
22022202 Trust, by instrument recorded in Document No. 2019022035 of said
22032203 Official Public Records, same being the northeast corner of said
22042204 17.0 acre tract, also being the northernmost northwest corner of
22052205 said 113 acre tract, for the northernmost northwest hereof;
22062206 THENCE N 68°21'45" E, with the south boundary line of said
22072207 64.797 acre tract, same being the north boundary line of said 113
22082208 acre tract, a distance of 993.87 feet to a 1/2" iron rod found being
22092209 the northwest corner of a called 177.5 acre tract of land conveyed
22102210 to Charles D. Tonn and Ronald D. Tonn by instrument recorded in
22112211 Document No. 9601061 of said Official Public Records, same being
22122212 the north east corner of said 113-acre tract, for the northeast
22132213 corner hereof:
22142214 THENCE S 21°08'10" E, departing the south boundary line of
22152215 said 64.797 acre tract, with the west boundary line of said 177.5
22162216 acre tract, same being the east boundary line of said 113 acre
22172217 tract, a distance of 2244.92 feet to a 1/2" iron rod with yellow cap
22182218 marked "Pape-Dawson" set in the north boundary line of said 169.5
22192219 acre tract, said point being the southwest corner of said 177.5 acre
22202220 tract, same being the southeast corner of said 113 acre tract, for
22212221 the southeast corner hereof;
22222222 THENCE with the north boundary line of said 169.5 acre tract,
22232223 same being the south boundary line of said 113 acre tract, the
22242224 following three (3) courses and distances:
22252225 1. S 68°41'10" W, a distance of 982.01 feet to a 1/2" iron rod
22262226 with yellow cap marked "Pape-Dawson" set for an angle point hereof,
22272227 2. S 21°25'27" E, a distance of 386.24 feet to a 1/2" iron rod
22282228 with yellow cap marked "Pape-Dawson" set for an angle point hereof,
22292229 and
22302230 3. S 68°47'37" W, a distance of 1275.22 feet to the POINT OF
22312231 BEGINNING and containing 110.720 acres of land in Williamson
22322232 County, Texas. Said tract being described in accordance with a
22332233 survey prepared by Pape Dawson Engineers, Inc. under Job
22342234 No. 51303-00.
22352235 TRACT 3:
22362236 A 172.890 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
22372237 SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY, TEXAS,
22382238 BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO R.D. HOPPER AND
22392239 MARGARET HOPPER LETT BY A 172.890 ACRE TRACT OF LAND SITUATED IN THE
22402240 ELISHA DAVIS SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON
22412241 COUNTY, TEXAS. BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO
22422242 R.D. HOPPER AND MARGARET HOPPER LETT BY INSTRUMENT RECORDED IN
22432243 VOLUME 478, PAGE 349 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
22442244 TEXAS. SAID 172.890 ACRE TRACT BEING MORE FULLY DESCRIBED AS
22452245 FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM
22462246 ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF
22472247 1983 NAD 83 (NA2011) EPOCH 2010.00.:
22482248 COMMENCING at a 60D nail found in the north right-of-way line
22492249 of County Road 305, same being the southeast corner of a called 0.58
22502250 acre tract of land conveyed to Dewey Roger Blackman by instrument
22512251 recorded in Volume 742, Page 777 of said Deed Records, also being
22522252 the southwest corner of a called 47.5 acre tract recorded in Volume
22532253 734, Page 931 of said Deed Records;
22542254 THENCE S 68°58'06" W, departing the west boundary line of said
22552255 47.5 acre tract, with the north right-of-way line of said County
22562256 Road 305, same being the south boundary line of said 0.58 acre
22572257 tract, a distance of 110.09 feet to a 1/2" iron rod with yellow cap
22582258 marked "Pape-Dawson" set on the southwest corner of said 0.58 acre
22592259 tract, same being the southeast corner of said 169.5 acre tract, for
22602260 the southeast corner and POINT OF BEGINNING hereof;
22612261 THENCE S 68°58'06" W, continuing with the north right-of-way
22622262 line of said County Road 305, and in part, crossing through the
22632263 right-of-way of County Road 308, same being the south boundary line
22642264 of said 169.5-acre tract, a distance of 3188.95 feet to an 1/2" iron
22652265 rod with yellow cap marked "Pape-Dawson" set for the southwest
22662266 corner hereof;
22672267 THENCE N 21°05'48" W, with the west boundary line of said
22682268 169.5-acre tract, and in part, crossing through the right-of-way of
22692269 said County Road 308, a distance of 2071.04 feet to a 1/2" iron rod
22702270 with yellow cap marked "Pape-Dawson" set, being the southwest
22712271 corner of a called 113 acre tract of land conveyed to the Letts
22722272 Family Trust, by instrument recorded in Volume 486, Page 442 of said
22732273 deed records, same being the northwest corner of said 169.5-acre
22742274 tract, for the northwest corner hereof, from which a 5/8" iron rod
22752275 found for the northwest corner of said 113 acre tract bears N
22762276 21°22'58" W, 2048.33 feet;
22772277 THENCE departing the east right-of-way line of said County
22782278 Road 308, with, in part, the south boundary line of said 113-acre
22792279 tract and, in part, the south boundary line of a called 177.5 acre
22802280 tract of land conveyed to Charles D. Tonn and Ronald D. Tonn by
22812281 instrument recorded in Document No. 9601061 of the Official Public
22822282 Records of said County, same being the north boundary line of said
22832283 169.5-acre tract, the following three (3) courses and distances:
22842284 1. N 68°47'37" E, a distance of 1275.22 feet to a 1/2" iron
22852285 rod with yellow cap marked "Pape-Dawson" set for an angle point
22862286 hereof,
22872287 2. N 21°25'27" W, a distance of 386.24 feet to a 1/2" iron rod
22882288 with yellow cap marked "Pape-Dawson" set for an angle point hereof,
22892289 and
22902290 3. N 68°41'10" E, a distance of 2332.32 feet to a 1/2" iron
22912291 rod with yellow cap marked "Pape-Dawson" set being the northeast
22922292 corner of said 169.5-acre tract, for the northeast corner hereof;
22932293 THENCE S 22°06'37" E, with the south boundary line of said
22942294 177.5-acre tract, same being the east boundary line of said
22952295 169.5-acre tract, a distance of 392.10 feet to a 1/2" iron rod with
22962296 yellow cap marked "Pape-Dawson" set in the north boundary line of a
22972297 called 50-acre tract of land conveyed to Cheryl A. Chamberlain, by
22982298 instrument recorded in Document No. 2013019239 of the Official
22992299 Public Records of said County, same being an angle point in the east
23002300 boundary line of said 169.5-acre tract, for an angle point hereof;
23012301 THENCE S 68°53'39" W, with the north boundary line of said
23022302 50-acre tract, same being the east boundary line of said 169.5-acre
23032303 tract, a distance of 419.61 feet to a 1/2" iron rod with yellow cap
23042304 marked "Pape-Dawson" set, being the northwest corner of said
23052305 50-acre tract, same being an angle point in the east boundary line
23062306 of said 169.5-acre tract, for an angle point hereof;
23072307 THENCE S 20°59'42" E, with, in part, the west boundary line of
23082308 said 50-acre tract and, in part, the west boundary line of a called
23092309 47.5 acre tract of land conveyed to D.C. Blackman, by instrument
23102310 recorded in Volume 734, Page 931 of said Deed Records and, in part,
23112311 the west boundary line of the aforementioned 0.58-acre tract, same
23122312 being the east boundary line of said 169.5-acre tract, a distance of
23132313 2080.08 feet to the POINT OF BEGINNING and containing 172.890 acres
23142314 of land in Williamson County, Texas. Said tract being described in
23152315 accordance with a survey prepared by Pape Dawson Engineers, Inc.
23162316 under Job No. 51303-00.
23172317 (c) If the Act enacting this section does not receive a
23182318 two-thirds vote of all the members elected to each house,
23192319 Subchapter C, Chapter 8010A, Special District Local Laws Code, as
23202320 added by Subsection (a) of this section, is amended by adding
23212321 Section 8010A.0306 to read as follows:
23222322 Sec. 8010A.0306. NO EMINENT DOMAIN POWER. The district may
23232323 not exercise the power of eminent domain.
23242324 (d) Subsection (c) of this section is not intended to be an
23252325 expression of a legislative interpretation of the requirements of
23262326 Section 17(c), Article I, Texas Constitution.
23272327 SECTION 7. (a) The heading to Chapter 8221, Special
23282328 District Local Laws Code, is amended to read as follows:
23292329 CHAPTER 8221. WILLIAMSON COUNTY [3 B&J] MUNICIPAL UTILITY DISTRICT
23302330 NO. 51
23312331 (b) Section 8221.001(3), Special District Local Laws Code,
23322332 is amended to read as follows:
23332333 (3) "District" means the Williamson County [3 B&J]
23342334 Municipal Utility District No. 51.
23352335 (c) Section 8221.202, Special District Local Laws Code, is
23362336 amended to read as follows:
23372337 Sec. 8221.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
23382338 the time bonds or other obligations payable wholly or partly from ad
23392339 valorem taxes are issued,[:
23402340 [(1)] the board shall provide for the annual
23412341 imposition of [impose] a continuing direct annual ad valorem tax,
23422342 without limit to the rate or amount of the tax while all or part of
23432343 the bonds are outstanding as provided by Sections 54.601 and
23442344 54.602, Water Code [at a rate not to exceed the rate approved at an
23452345 election held under Section 8221.151, for each year that all or part
23462346 of the bonds are outstanding; and
23472347 [(2) the district annually shall impose an ad valorem
23482348 tax on all taxable property in the district in an amount sufficient
23492349 to:
23502350 [(A) pay the interest on the bonds or other
23512351 obligations as the interest becomes due;
23522352 [(B) create a sinking fund for the payment of the
23532353 principal of the bonds or other obligations when due or the
23542354 redemption price at any earlier required redemption date; and
23552355 [(C) pay the expenses of imposing the taxes].
23562356 (d) The Williamson County Municipal Utility District No. 51
23572357 retains all the rights, powers, privileges, authority, duties, and
23582358 functions that it had before the effective date of this Act.
23592359 (e) The legislature validates and confirms all governmental
23602360 acts and proceedings of the Williamson County Municipal Utility
23612361 District No. 51 that were taken before the effective date of this
23622362 Act.
23632363 (f) The legislature validates and confirms all governmental
23642364 acts and proceedings relating to the creation and the consent to the
23652365 creation of the Williamson County Municipal Utility District
23662366 No. 51.
23672367 (g) Subsections (e) and (f) of this section do not apply to
23682368 any matter that on the effective date of this Act:
23692369 (1) is involved in litigation if the litigation
23702370 ultimately results in the matter being held invalid by a final court
23712371 judgment; or
23722372 (2) has been held invalid by a final court judgment.
23732373 SECTION 8. Sections 8221.003(b), 8221.105, 8221.106,
23742374 8221.107, and 8221.108, Special District Local Laws Code, are
23752375 repealed.
23762376 SECTION 9. (a) The legal notice of the intention to file
23772377 bills creating or affecting each district described by this Act, as
23782378 applicable, has been published as provided by law, and the notice
23792379 and a copy of this Act have been furnished to all persons, agencies,
23802380 officials, or entities to which they are required to be furnished
23812381 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
23822382 Government Code.
23832383 (b) The governor, one of the required recipients, has
23842384 submitted the notice and a copy of a bill to create or affect each
23852385 applicable district described by this Act to the Texas Commission
23862386 on Environmental Quality.
23872387 (c) The Texas Commission on Environmental Quality has filed
23882388 its recommendations relating to each bill to create or affect each
23892389 applicable district described by this Act with the governor, the
23902390 lieutenant governor, and the speaker of the house of
23912391 representatives within the required time.
23922392 (d) All requirements of the constitution and laws of this
23932393 state and the rules and procedures of the legislature with respect
23942394 to the notice, introduction, and passage of each bill to create or
23952395 affect each applicable district described by this Act are fulfilled
23962396 and accomplished.
23972397 SECTION 10. (a) Chapter 175, Local Government Code, as
23982398 amended by this Act, applies according to its terms to all eligible
23992399 persons who leave employment with a township on or after January 1,
24002400 2024.
24012401 (b) A township that is required by Chapter 175, Local
24022402 Government Code, as amended by this Act, to provide continued
24032403 health benefits coverage but that is not allowed to provide the
24042404 coverage under the terms of the township's existing group health
24052405 plan shall ensure that the required continued health benefits
24062406 coverage is provided for in any new plan that is adopted by the
24072407 township on or after January 1, 2024, unless the township is
24082408 exempted under Section 175.007, Local Government Code.
24092409 SECTION 11. (a) Except as provided by Subsection (b) of
24102410 this section, this Act takes effect immediately if it receives a
24112411 vote of two-thirds of all the members elected to each house, as
24122412 provided by Section 39, Article III, Texas Constitution. If this
24132413 Act does not receive the vote necessary for immediate effect, this
24142414 Act takes effect September 1, 2023.
24152415 (b) Sections 1 and 10 of this Act take effect September 1,
24162416 2023.
24172417 ______________________________ ______________________________
24182418 President of the Senate Speaker of the House
24192419 I certify that H.B. No. 5344 was passed by the House on May 9,
24202420 2023, by the following vote: Yeas 108, Nays 34, 2 present, not
24212421 voting; that the House refused to concur in Senate amendments to
24222422 H.B. No. 5344 on May 26, 2023, and requested the appointment of a
24232423 conference committee to consider the differences between the two
24242424 houses; and that the House adopted the conference committee report
24252425 on H.B. No. 5344 on May 28, 2023, by the following vote: Yeas 119,
24262426 Nays 21, 2 present, not voting.
24272427 ______________________________
24282428 Chief Clerk of the House
24292429 I certify that H.B. No. 5344 was passed by the Senate, with
24302430 amendments, on May 24, 2023, by the following vote: Yeas 27, Nays
24312431 3, 1 present, not voting; at the request of the House, the Senate
24322432 appointed a conference committee to consider the differences
24332433 between the two houses; and that the Senate adopted the conference
24342434 committee report on H.B. No. 5344 on May 28, 2023, by the following
24352435 vote: Yeas 27, Nays 4.
24362436 ______________________________
24372437 Secretary of the Senate
24382438 APPROVED: __________________
24392439 Date
24402440 __________________
24412441 Governor