By: Bucy H.B. No. 5359
A BILL TO BE ENTITLED
AN ACT
relating to the approval and creation of the Williamson County
Development District No. 1; and to the administration, powers,
duties, operation, and financing of the district, including the
authority to impose an assessment, a tax, and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. LEGISLATIVE FINDINGS.(a) The legislature finds
that the creation of Williamson County Development District No. 1
(the "district") will serve the public purpose of promoting
economic activity and employment and attracting visitors in the
manner contemplated by Section 52-a, Article III Constitution and
Chapter 383, Local Government Code.
(b) The legislature further finds that economic development
is an essential function and purpose of the district.
(c) All of the land or public improvements within the
district will be benefited by the works and projects that are to be
achieved by the district are essential to accomplish the purposes
of Sections 52-a and 52, Article III, and Section 59, Article XVI,
Texas Constitution and other public purposes stated in this Act.
The district services a public use and benefit.
(d) A legislative finding made under this Act is conclusive
and the district is not required to offer proof of the purpose of
results before exercising a power granted by this Act.
SECTION 2. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3990 to read as follows:
CHAPTER 3990. WILLIAMSON COUNTY DEVELOPMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3990.001. DEFINITIONS. In this chapter:
(1) "board" means the district's board of directors.
(2) "county" means Williamson County.
(2) "director" means a board member.
(3) "district" means the Williamson County
Development District No. 1.
Sec. 3990.002. NATURE OF DISTRICT. The Williamson County
Development District No. 1 is created as a county development
district with all the rights, powers, privileges, authority,
functions and duties provided by Chapter 383, Local Government
Code.
Sec. 3990.003. PURPOSE; DECLARATION OF INTENT. (a) The
principal function of the district is to provide for and facilitate
economic development, increase employment and to attract visitors
to Williamson County. The creation of the district is essential to
accomplish the purposes of Sections 52 and 52-a, Article III, and
Section 59, Article XVI, Texas Constitution, and other public
purposes stated in this chapter. By creating the district and in
authorizing Williamson County and other political subdivisions to
contract with the district, the legislature has established a
program to accomplish the public purposes set out in Section 52-a,
Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
Sec. 3990.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by this chapter.
(c) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3990.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 3 of the Act enacting
this chapter.
(b) The boundaries and field notes contained in Section 3 of
the Act enacting this chapter form a closure. A mistake in the field
notes or in copying the field notes in the legislative process does
not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on the bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3990.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code; or
(3) an enterprise zone created under Chapter 2303,
Government Code.
Sec. 3990.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3990.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3990.009-3990.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3990.051. GOVERNING BODY; TERMS. The district is
governed by a board of five directors who serve staggered terms of
four years, with two or three directors' terms expiring June 1 of
each odd-numbered year.
Sec. 3990.052. INITIAL DIRECTORS. (a) The initial
directors shall be: 1. [NAME]
2. [NAME]
3. [NAME]
4. [NAME]
5. [NAME]
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 3 expire June 1, 2025, and the
terms of directors appointed for positions 4 and 5 expire June 1,
2027.
(c) Prior to the expiration of a director's term or upon a
vacancy, the board of directors shall present the name of a
qualified candidate to the county commissioners court. If the
commissioners find the candidate to be qualified, the candidate
shall be named to the board of directors. If the commissioners court
does not find the candidate to be qualified, the court shall notify
the board of directors to submit an alternate candidate.
Sec 3990.053. QUALIFICATIONS OF DIRECTOR. (a) To be qualified
to serve as a director, a person must be at least 21 years of age, a
resident citizen of the state, and either a qualified voter of the
county or a property owner in the district.
Sec. 3990.054 QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification; or
(2) a director who is abstaining from participation in
a vote because of a conflict of interest.
Sec. 3990.055. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
[Sections 3990.056-3990.99 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3990.100. DISTRICT POWERS. (a) The district has all of
the rights, powers, privileges, authority, functions, and duties
provided by Chapters 375 and 383, Local Government Code, to county
development districts and municipal management districts and by
Chapters 49 and 54, Water Code, to municipal utility districts.
(b) The district's rights, powers, privileges, authority,
functions, and duties include, but are not limited to:
(1) all of the rights, powers, privileges, authority,
functions, and duties provided by Chapters 49 and 54, Water Code, to
municipal utility districts, except that the district may not
provide utility services;
(2) the authority, after approval by voters at an
election conducted within the boundaries of the district, to levy,
assess and collect taxes for maintenance and operating purposes in
the manner set forth in Sections 49.107(a)-(e), Water Code, and for
the repayment of bonds, notes, warrants, lease purchase agreements,
certificates of assessment, certificates of participation in lease
purchase agreements, and other interest bearing obligations in the
manner set forth in Sections 49.106(a)-(d), Water Code, and for all
of the purposes for which the district may expend funds;
(3) to establish, levy and collect special assessments
in the manner specified in Sections 375.111-.124, Local Government
Code;
(4) to utilize funds, whether the funds are derived
from ad valorem taxes, sales and use taxes, hotel occupancy taxes,
assessments, revenues from the project, or any other sources for
the payment of projects or services in the manner authorized by
Section 375.181, Local Government Code, Chapter 383, Local
Government Code, and Chapter 54, Water Code;
(5) to enter into obligations, including by not
limited to, lease purchase agreements, certificates of
participation, general obligation bonds and notes, revenue bonds
and notes, and combination general obligation and revenue bonds and
notes, and other interest bearing obligations, in the manner
specified in Sections 375.201-375.205, Local Government Code;
(6) to exercise all of the rights, powers, and
authority of a road district, a municipal management district, a
municipal utility district and a water control and improvement
district which are not specifically contradicted by Chapter 383,
Local Government Code;
(7) to exercise the rights, powers and authority given
to a development corporation under Chapter 505, Local Government
Code, including the power to own, operate, acquire, construct,
lease, improve, or maintain a project described by that chapter;
(8) to provide for public improvements as described in
Section 372.003(b), Texas Local Government Code.
(9) to exercise all of the rights, powers, and
authority granted to the district by this Act, all of the rights,
powers, and authority granted to the district by Chapters 383 and
375, Local Government Code, and to a municipal utility district by
Chapters 49 and 54, Water Code, which are not contrary to this Act,
to finance, construct or acquire public improvements in the
district, including costs of issuance of obligations of the
district.
(10) except as provided by Sec. [ ].107, to adopt the
powers of a road district under Section 52(b)(3), Article III,
Texas Constitution, in the manner specified in Sections 53.029(c)
and (d), Water Code
Sec. 3990.102. AGREEMENTS; GRANTS. (a) The district may
make an agreement with, or accept a gift, grant, or loan from, any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3990.103. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
SERVICES. To protect the public interest, the district may
contract with a qualified person, including the County or a
municipality, for the provision of law enforcement services in the
district for a fee.
Sec. 3990.104. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3990.105. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may establish and provide for the administration of one or
more programs to promote state or local economic development and to
stimulate business and commercial activity in the district,
including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(b) The district has all of the powers of a municipality
under Chapter 380, Local Government Code.
Sec. 3990.106. STRATEGIC PARTNERSHIP AGREEMENT. The
district may negotiate and enter into a written strategic
partnership with a municipality under Section 43.0751, Local
Government Code.
Sec. 3990.107. ROAD STANDARDS. (a) A road project must meet
all applicable construction standards, zoning and subdivision
requirements, and regulations of each municipality in whose
corporate limits or extraterritorial jurisdiction the road project
is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications for the project.
Sec. 3990.108. NO EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
[Sections 3990.109-3990.150 reserved for expansion]
SUBCHAPTER D. PUBLIC PARKING FACILITIES
Sec. 3990.151. PARKING FACILITIES AUTHORIZED; OPERATION BY
PRIVATE ENTITY. (a) The district may acquire, lease as lessor or
lessee, construct, develop, own, operate, and maintain parking
facilities or a system of parking facilities, including:
(1) lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets; and
(2) equipment, entrances, exits, fencing, and other
accessories necessary for safety and convenience in parking
vehicles.
(b) A parking facility of the district may be leased to or
operated on behalf of the district by an entity other than the
district.
(c) The district's parking facilities are a program
authorized by the legislature under Section 52-a, Article III,
Texas Constitution.
(d) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
Sec. 3990.152. RULES. The district may adopt rules
governing the district's public parking facilities.
Sec. 3990.153. FINANCING OF PUBLIC PARKING FACILITIES. (a)
The district may use any of its resources, including revenue,
assessments, taxes, or grant or contract proceeds, to pay the cost
of acquiring or operating public parking facilities.
(b) The district may:
(1) set, charge, impose, and collect fees, charges, or
tolls for the use of the district's public parking facilities; and
(2) issue bonds or notes to finance the cost of the
district's public parking facilities.
[Sections 3990.154-3990.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 3990.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. 3990.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3990.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3990.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services.
Sec. 3990.208. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held in accordance with Section 3990.212,
the district may impose an annual operation and maintenance tax on
taxable property in the district in accordance with Section 49.107,
Water Code, for any district purpose, including to:
(1) maintain and operate the district; or
(2) construct or acquire public improvements.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3990.210. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS. (a) The district may borrow money on terms and conditions
as determined by the board. Section 375.205, Local Government Code,
does not apply to a loan, line of credit, or other borrowing from a
bank or financial institution secured by revenue other than ad
valorem taxes.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes, sales
and use taxes, assessments, impact fees, revenue, contract
payments, grants, or other district money, or any combination of
those sources of money, to pay for any authorized district purpose.
(c) The limitation on the outstanding principal amount of
bonds, notes, and other obligations set forth in Section 49.4645,
Water Code, does not apply to the district.
Sec. 3863.211. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct annual ad valorem tax, without limit as to rate or amount,
while all or part of the bonds are outstanding as required and in
the manner provided by Sections 54.601 and 54.602, Water Code.
Sec. 3990.212. ELECTIONS REGARDING TAXES AND BONDS. (a)
The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3863.209.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax or sales and use tax or issue bonds payable from ad valorem
taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements which
may be acquired by a district by the issuance of its bonds may be
included in one single proposition to be voted on at the election or
the bonds may be submitted in several propositions.
Sec. 3990.213. COMPETITIVE BIDDING. Subchapter I, Chapter
49, Water Code, applies to the district. Sections 375.221 and
375.223, Local Government Code, do not apply to the district.
Sec. 3990.214. TAX AND ASSESSMENT ABATEMENTS. The district
may grant in the manner authorized by Chapter 312, Tax Code, an
abatement for a tax or assessment owed to the district.
[Sections 3990.215-3990.250 reserved for expansion]
SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
PROPERTY
Sec. 3990.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. The district may define areas or designate
certain property of the district to pay for improvements,
facilities, or services that primarily benefit that area or
property and do not generally and directly benefit the district as a
whole.
Sec. 3990.252. PROCEDURE FOR ELECTION. (a) Before the
district may impose an ad valorem tax or issue bonds payable from ad
valorem taxes of the area defined or property designated under
Section 3863.251, the board must call and hold an election as
provided by Section 2990.212 only in the defined area or in the
boundaries of the designated property.
(b) The board may submit the proposition to the voters on
the same ballot to be used in another election.
Sec. 3990.253. DECLARING RESULT AND ISSUING ORDER. (a) If
a majority of the voters voting at the election approve the
proposition or propositions, the board shall declare the results
and by order shall establish the defined area and describe it by
metes and bounds or designate the specific property.
(b) A court may not review the board's order except on the
ground of fraud, palpable error, or arbitrary and confiscatory
abuse of discretion.
Sec. 3990.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
approval and adoption of the order described in Section 3990.253,
the district may apply separately, differently, equitably, and
specifically its taxing power and lien authority to the defined
area or designated property to provide money to construct,
administer, maintain, and operate services, improvements, and
facilities that primarily benefit the defined area or designated
property.
Sec. 3990.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
Section 3990.253 is adopted, the district may issue bonds to
provide for any land, improvements, facilities, plants, equipment,
and appliances for the defined area or designated property.
[Sections 3990.256-3990.300 reserved for expansion]
SUBCHAPTER G. SALES AND USE TAX
Sec. 3990.301. MEANINGS OF WORDS AND PHRASES. Words and
phrases used in this subchapter that are defined by Chapters 151 and
321, Tax Code, have the meanings assigned by Chapters 151 and 321,
Tax Code.
Sec. 3990.302. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) Except as otherwise provided by this subchapter,
Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
apply to taxes imposed under this subchapter and to the
administration and enforcement of those taxes in the same manner
that those laws apply to state taxes.
(b) Chapter 321, Tax Code, relating to municipal sales and
use taxes, applies to the application, collection, change, and
administration of a sales and use tax imposed under this subchapter
to the extent consistent with this chapter, as if references in
Chapter 321, Tax Code, to a municipality referred to the district
and references to a governing body referred to the board.
(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404,
321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
apply to a tax imposed under this subchapter.
Sec. 3990.303. AUTHORIZATION; ELECTION. (a) The district
may adopt a sales and use tax to serve the purposes of the district
after an election in which a majority of the voters of the district
voting in the election authorize the adoption of the tax.
(b) The board by order may call an election to authorize a
sales and use tax. The election may be held with any other district
election.
(c) The district shall provide notice of the election and
shall hold the election in the manner prescribed by Section
3990.212.
(d) The ballots shall be printed to provide for voting for
or against the proposition: "Authorization of a sales and use tax in
the Williamson County Development District No. 1 at a rate not to
exceed ____ percent."
Sec. 3990.304. ABOLISHING SALES AND USE TAX. (a) Except as
provided by Subsection (b), the board may abolish the sales and use
tax without an election.
(b) The board may not abolish the sales and use tax if the
district has outstanding debt secured by the tax.
Sec. 3990.305. SALES AND USE TAX RATE. (a) On adoption of
the tax authorized by this subchapter, there is imposed a tax on the
receipts from the sale at retail of taxable items in the district,
and an excise tax on the use, storage, or other consumption within
the district of taxable items purchased, leased, or rented from a
retailer in the district during the period that the tax is in
effect.
(b) The board shall determine the rate of the tax, which may
be in one-eighth of one percent increments not to exceed the maximum
rate authorized by the district voters at the election. The board
may decrease the tax rate to the extent it does not impair any
outstanding debt or obligations payable from the tax.
(c) The rate of the excise tax is the same as the rate of the
sales tax portion of the tax and is applied to the sales price of the
taxable item.
[Sections 3990.306-3990.350 reserved for expansion]
SUBCHAPTER H. HOTEL OCCUPANCY TAXES
Sec. 3990.351. HOTEL OCCUPANCY TAX. (a) In this section,
"hotel" has the meaning assigned by Section 156.001, Tax Code.
(b) For purposes of this section, a reference in Chapter
351, Tax Code, to a municipality is a reference to the district and
a reference in Chapter 351, Tax Code, to the municipality's
officers or governing body is a reference to the board.
(c) Except as otherwise provided by this section,
Subchapter A, Chapter 351, Tax Code, governs a hotel occupancy tax
authorized by this section, including the collection of the tax.
(d) The district may impose a hotel occupancy tax and may
use revenue from the tax for any district purpose that is also an
authorized use of a municipality's hotel occupancy tax revenue
under Chapter 351, Tax Code.
(e) The board by order may impose, repeal, increase, or
decrease the rate of a tax on a person who, under a lease,
concession, permit, right of access, license, contract, or
agreement, pays for the use or possession or for the right to the
use or possession of a room that:
(1) is in a hotel located in the district's boundaries;
(2) costs $2 or more each day; and
(3) is ordinarily used for sleeping.
(f) The amount of the tax may not exceed seven percent of the
price paid for a room in a hotel.
(g) The district may examine and receive information
related to the imposition of hotel occupancy taxes to the same
extent as if the district were a municipality.
SECTION 3. The Williamson County Development District No. 1
initially includes all territory contained in the following area:
BEING a 148.88 acre tract of land situated in the Rachael Saul
Survey, Abstract Number 551 and the Thomas P. Davy Survey, Abstract
Number 169, in Williamson County, Texas, being all portion of the
tracts of land described as Tract One and Tract Two in the deed to
Pearson Ranch, LLC recorded in Document Number 2019122036, Official
Public Records of Williamson County, Texas, and a portion of
Pearson Ranch West, Phase 1, an addition in Williamson County,
Texas recorded in Document Number 2021146789, Official Public
Records of Williamson County, Texas, said 148.88 acre tract of land
being more particularly described as follows;
BEGINNING at a point in the north right-of-way line of North
State Highway 45W (a variable width right-of-way) being the common
south corner of said Pearson Ranch, LLC tract and a tract of land
described as Tract 1 in the deed to JME-JFE Limited Partnership
recorded in Document Number 2012056983, Official Public Records of
Williamson County, Texas;
THENCE South 68 degrees 25 minutes 02 seconds West, along the
north right-of-way line of North State Highway 45W, a distance of
95.48 feet to a point for corner;
THENCE South 22 degrees 12 minutes 41 seconds West,
continuing along the north right-of-way line of North State Highway
45W, a distance of 27.72 feet to a point for corner;
THENCE South 67 degrees 43 minutes 05 seconds West,
continuing along the north right-of-way line of North State Highway
45W, a distance of 1,426.94 feet to a point for corner;
THENCE South 65 degrees 14 minutes 23 seconds West,
continuing along the north right-of-way line of North State Highway
45W, a distance of 228.74 feet to a point for the beginning of a
circular curve to the right, having a radius of 2,844.79 feet and
whose chord bears South 66 degrees 13 minutes 40 seconds West, a
chord distance of 110.08 feet;
THENCE Southwesterly, continuing along the north
right-of-way line of North State Highway 45W and said circular
curve to the left, through a central angle of 02 degrees 13 minutes
02 seconds, an arc length of 110.09 feet to point for corner at the
end of said curve;
THENCE South 67 degrees 16 minutes 38 seconds West,
continuing along the north right-of-way line of North State Highway
45W, a distance of 12.96 feet to a point for corner;
THENCE South 67 degrees 32 minutes 33 seconds West,
continuing along the north right-of-way line of North State Highway
45W, a distance of 830.67 feet to point for corner;
THENCE South 68 degrees 18 minutes 17 seconds West,
continuing along the north right-of-way line of North State Highway
45W, a distance of 841.90 feet to point for corner in the north
right-of-way line of the Southern Pacific Railroad (100' wide);
THENCE North 69 degrees 12 minutes 37 seconds West, departing
the north right-of-way line of North State Highway 45W and along the
north right-of-way line of the Southern Pacific Railroad, a
distance of 545.04 feet to a point for corner;
THENCE North 00 degrees 07 minutes 59 seconds West, departing
the north right-of-way line of the Southern Pacific Railroad, a
distance of 275.22 feet to a point for corner;
THENCE North 00 degrees 09 minutes 50 seconds West, a
distance of 981.45 feet to a point for corner;
THENCE North 68 degrees 46 minutes 14 seconds East, a
distance of 1,549.15 feet to a point for corner;
THENCE North 68 degrees 50 minutes 57 seconds East, a
distance of 590.38 feet to a point for corner;
THENCE North 17 degrees 54 minutes 02 seconds West, a
distance of 1,320.44 feet to a point for corner;
THENCE North 68 degrees 59 minutes 52 seconds East, a
distance of 708.02 feet to a point for corner;
THENCE South 17 degrees 54 minutes 30 seconds East, a
distance of 1,137.92 feet to a point for corner;
THENCE North 84 degrees 50 minutes 51 seconds East, a
distance of 930.90 feet to a point for corner;
THENCE South 10 degrees 36 minutes 54 seconds East, a
distance of 674.79 feet to a point for corner;
THENCE South 10 degrees 40 minutes 16 seconds East, a
distance of 290.66 feet to a point for corner;
THENCE South 10 degrees 37 minutes 54 seconds East, a
distance of 417.94 feet to the POINT OF BEGINNING and CONTAINING a
computed area of 155.79 acres, or 6,786,298 square feet of land,
more or less.
SAVE AND EXCEPT that portion located within the municipality,
all of Lot 1, Block A, said Pearson Ranch West, Texas, Phase 1,
being 6.909 acres or 300,970 square feet LEAVING A NET ACREAGE of
148.88 acres or 6,485,328 square feet of land, more or less.
SECTION 4. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law. (b) All requirements of
the constitution and laws of this state and the rules and procedures
of the legislature with respect to the notice, introduction, and
passage of this Act have been fulfilled and accomplished.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.