H.B. No. 5405
AN ACT
relating to the conversion of the Legacy Water Control and
Improvement District to the Legacy Municipal Management District;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The Legacy Water Control and Improvement
District is converted to the Legacy Municipal Management District
and is governed by Chapter 4008, Special District Local Laws Code,
as added by this Act.
SECTION 2. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 4008 to read as follows:
CHAPTER 4008. LEGACY MUNICIPAL MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 4008.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "County" means Webb County.
(3) "Director" means a board member.
(4) "District" means the Legacy Municipal Management
District, formerly the Legacy Water Control and Improvement
District.
Sec. 4008.0102. NATURE OF DISTRICT; CONVERSION. The Legacy
Municipal Management District is a special district created under
Section 59, Article XVI, Texas Constitution, as the Legacy Water
Control and Improvement District. The district is converted to a
municipal management district known as the Legacy Municipal
Management District under the same constitutional authority.
Sec. 4008.0103. PURPOSE; DECLARATION OF INTENT. (a) The
conversion and operation of the district are 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 converting the district to a
municipal management district and in authorizing the 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 conversion and operation of the district are
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.
(c) This chapter and the conversion or operation of the
district may not be interpreted to relieve the county from
providing the level of services provided as of the effective date of
the Act enacting this chapter to the area in the district. The
district is created to supplement and not to supplant county
services provided in the district.
Sec. 4008.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is converted to a municipal management district 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 Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The conversion and operation of the district is in the
public interest and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding 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;
(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;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(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. 4008.0105. INITIAL DISTRICT TERRITORY. (a) The
district is initially 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 bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 4008.0106. 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; or
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code.
Sec. 4008.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 4008.0108. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 4008.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 4008.0202. RECOMMENDATIONS FOR SUCCEEDING BOARD. (a)
The initial and each succeeding board of directors shall, and the
owners of a majority of the assessed value of property subject to
assessment by the district may, recommend to the governing body of
the county persons to serve on the succeeding board.
(b) After reviewing the recommendations, the governing body
shall approve or disapprove the directors recommended under
Subsection (a).
(c) If the governing body is not satisfied with the
recommendations submitted under Subsection (a), the board, on the
request of the governing body, shall submit to the governing body
additional recommendations.
(d) Board members may serve successive terms.
Sec. 4008.0203. REMOVAL OF DIRECTOR. The governing body of
the county after notice and hearing may remove a director for
misconduct or failure to carry out the director's duties on
petition by a majority of the remaining directors.
Sec. 4008.0204. 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. 4008.0205. 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.
Sec. 4008.0206. INITIAL DIRECTORS ON CONVERSION TO
MANAGEMENT DISTRICT. (a) On the conversion of the district to a
management district the initial board consists of the following
directors:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1. Richard Jones 1. Richard Jones
1. Richard Jones
2. Michael Olson 2. Michael Olson
2. Michael Olson
3. Melissa Johnson 3. Melissa Johnson
3. Melissa Johnson
4. Kathleen Walker 4. Kathleen Walker
4. Kathleen Walker
5. William Baize 5. William Baize
5. William Baize
(b) Notwithstanding Section 4008.0201, of the initial
directors, the terms of directors appointed for positions one, two,
and three expire June 1, 2024, and the terms of directors appointed
for positions four and five expire June 1, 2026.
(c) This section expires September 1, 2026.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 4008.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 4008.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
district, using any money available to the district for the
purpose, may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service authorized under this chapter or Chapter 375, Local
Government Code.
(b) The district may contract with a governmental or private
entity to carry out an action under Subsection (a).
(c) The implementation of a district project or service is a
governmental function or service for the purposes of Chapter 791,
Government Code.
Sec. 4008.0303. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county, to provide law enforcement services in the
district for a fee.
Sec. 4008.0304. 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. 4008.0305. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may engage in activities that accomplish the economic
development purposes of the district.
(b) 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.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 4008.0306. PARKING FACILITIES. (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 lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) 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.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 4008.0307. ADDING OR EXCLUDING LAND. The district may
add or exclude land in the manner provided by Subchapter J, Chapter
49, Water Code, or by Subchapter H, Chapter 54, Water Code.
Sec. 4008.0308. 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 district money.
Sec. 4008.0309. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. ASSESSMENTS
Sec. 4008.0401. PETITION REQUIRED FOR FINANCING SERVICES
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 4008.0402. 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.
SUBCHAPTER E. TAXES AND BONDS
Sec. 4008.0501. TAX ELECTION REQUIRED. (a) The district
must hold an election in the manner provided by Chapter 49, Water
Code, or, if applicable, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax.
(b) Section 375.243, Local Government Code, does not apply
to the district.
Sec. 4008.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under or in accordance with Section 4008.0501, the
district may impose an operation and maintenance tax on taxable
property in the district in the manner provided by or in accordance
with Section 49.107, Water Code, for any district purpose,
including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The district may impose an operation and maintenance tax
previously approved by a majority of the voters of the former Legacy
Water Control and Improvement District.
(c) The board shall determine the operation and maintenance
tax rate. The rate may not exceed:
(1) if the district has not held an election under
Subsection (a), the rate approved at an election described by
Subsection (b); or
(2) if the district has held an election under
Subsection (a), the rate approved at that election.
Sec. 4008.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
terms determined by the board.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem 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.
Sec. 4008.0504. OBLIGATIONS SECURED BY REVENUE OR CONTRACT
PAYMENTS. The district may issue, without an election, bonds,
notes, and other obligations secured by:
(1) revenue other than ad valorem taxes, including
contract revenues; or
(2) contract payments, provided that the requirements
of Section 49.108, Water Code, have been met.
Sec. 4008.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
4008.0501, the district may issue bonds payable from ad valorem
taxes.
(b) 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, for each year that all or part of the
bonds are outstanding as required and in the manner provided by
Sections 54.601 and 54.602, Water Code.
(c) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 4008.0506. CONSENT OF COUNTY REQUIRED. (a) The board
may not issue bonds until the county has consented by resolution to
the conversion of the Legacy Water Control and Improvement District
to a municipal management district and to the inclusion of land in
the district.
(b) This section applies only to the district's first
issuance of bonds payable from ad valorem taxes.
SUBCHAPTER I. DISSOLUTION AND MUNICIPAL ANNEXATION
Sec. 4008.0901. DISSOLUTION. (a) The board shall dissolve
the district on written petition filed with the board by the owners
of:
(1) at least two-thirds of the assessed value of the
property subject to assessment by the district based on the most
recent certified county property tax rolls; or
(2) at least two-thirds of the surface area of the
district, excluding roads, streets, highways, utility
rights-of-way, other public areas, and other property exempt from
assessment by the district according to the most recent certified
county property tax rolls.
(b) The board by majority vote may dissolve the district at
any time.
(c) The district may not be dissolved by its board under
Subsection (a) or (b) if the district:
(1) has any outstanding bonded indebtedness until that
bonded indebtedness has been repaid or defeased in accordance with
the order or resolution authorizing the issuance of the bonds;
(2) has a contractual obligation to pay money until
that obligation has been fully paid in accordance with the
contract; or
(3) owns, operates, or maintains public works,
facilities, or improvements unless the district contracts with
another person for the ownership, operation, or maintenance of the
public works, facilities, or improvements.
(d) Sections 375.261, 375.262, and 375.264, Local
Government Code, do not apply to the district.
Sec. 4008.0902. MUNICIPAL ANNEXATION. The district is a
"water or sewer district" under Section 43.071, Local Government
Code.
SECTION 3. The Legacy Municipal Management District
initially includes all territory contained in the following area:
Pilas Tract: Being a tract or parcel containing 3,971.307
acres (172,990,131 square feet) of land situated in Webb County,
Texas and being all of a called 1,613.545 acre tract described in
deed to Huisache Cattle Company, Ltd. recorded in Volume 645, Page,
72 of the Webb County Deed Records (having 9.217 acres (401,478
square feet) within the right-of-way of U.S. Highway 83 per
right-of-way map of State Highway No.(4) U.S. 83, File Number
SP718F - Control 37-10-1 and being combined with all of a called
2,357.64 acres described in deed to Huisache Cattle Company, Ltd.
recorded in Volume 87, Page 876 of the Webb County Deed Records,
said 3,971.307 acres tract being more particularly described by
metes and bounds as follows: (Bearings cited herein are based on the
Texas State Plane Coordinate System, South Zone, NAD 83, are
surface and may be converted to grid applying a combined scale
factor of 1.00003144444054)
BEGINNING at a point in the centerline of U.S. Highway 83,
north line of Section 1712 and the south line of Section 1932 for
the northwest corner of the herein described tract;
THENCE, North 89°57'16" East, along the north line of Section
1712 and the south line of Section 1932, at a distance of 50.21 feet
passing a fence on the east right-of-way line of said U.S. Highway
83, continuing for a total distance of 1,520.63 feet to a point for
corner;
THENCE, North 89°53'33" East, a distance of 10,741.46 feet to
a point in the west line of Section Number 161 for the southeast
corner of Section Number 1864, the northwest corner of said called
2,357.64 acre tract, the northeast corner of Section Number 1711
and said called 1,613.545 acre tract and an angle corner of the
herein described tract;
THENCE, North 65°39'04" East, a distance of 30.49 feet to a
point for corner;
THENCE, North 89°33'48" East, a distance of 4,238.72 feet to a
found 1/2-inch iron rod marking an angle corner of the herein
described tract;
THENCE, South 01°13'56" West, a distance of 218.76 feet to a
point for corner;
THENCE, South 16°54'50" East, a distance of 1,161.67 feet to a
found 1/2-inch iron rod marking an angle corner of the herein
described tract;
THENCE, South 88°10'20" East, a distance of 5,602.88 feet to a
fence corner in the west line of the Missouri Railroad right-of-way
line marking the northeast corner of said called 2,357.64 acre
tract and of the herein described tract;
THENCE, South 04°24'06" West, a distance of 1,545.87 feet to a
point for corner;
THENCE, South 06°21'24" West, a distance of 401.86 feet to a
point for corner;
THENCE, South 10°41'28" West, a distance of 415.71 feet to a
point for corner;
THENCE, South 13°24'58" West, a distance of 258.75 feet to a
point for corner;
THENCE, South 15°19'45" West, a distance of 8,091.98 feet to a
found magnail in fence line marking the southeast corner of said
called 2,357.64 acre tract and of the herein described tract;
THENCE, South 89°57'45" West, a distance of 2,483.67 feet to a
1/2-inch iron rod in the east line of Section Number 1321 marking
the northwest corner of Section Number 302, the southwest corner of
Section Number 301 and an angle corner of the herein described
tract;
THENCE, South 00°31'20" East, along the east line of Section
Number 1321 and the west line of Section Number 302, a distance of
1,202.46 feet to a fence corner marking the northeast corner of
Section Number 1322, the southeast corner of Section Number 1321
and an angle corner of the herein described tract;
THENCE, South 89°32'30" West, along the north line of Section
Number 1322, the south line of Section Number 1321, a distance of
4,733.14 feet to a fence corner marking the most southeasterly
northeast corner of Section Number 2311, the southwest corner of
Section Number 1321 and an angle corner of the herein described
tract;
THENCE, North 00°15'07" West, along the east line of Section
Number 2311 and the west line of Section Number 1321, a distance of
762.70 feet to a found 2-inch iron pipe marking the northeast corner
of Section Number 2311, the southeast corner of Section Number 739
and an angle corner of the herein described tract;
THENCE, North 09°40'01" East, along the east line of Section
Number 739 and the west line of Section Number 132,1 a distance of
5,475.68 feet to a fence corner in the south line of Section Number
162 marking the northeast corner of Section Number 739, the
northwest corner of Section Number 1321 and an angle corner of the
herein described tract;
THENCE, South 89°47'03" West, along the south line of Section
Number 162 and the north line of Section Number 739, a distance of
1,428.41 feet to a fence corner marking the southwest corner of
Section Number 162 and an angle corner of the herein described
tract;
THENCE, North 00°10'20" West, a distance of 71.90 feet to a
fence corner marking the southeast corner of Section Number 1711
and an angle corner of the herein described tract;
THENCE, North 80°11'08" West, along the south line of Section
Numbers 1711 and 1712, along the north line of Section Numbers 739,
1711 and 430, a distance of 11,354.62 feet to a found 5/8-inch iron
rod with plastic cap stamped "Howland Survey" marking the northwest
corner of Section Number 430, the northeast corner of Section
Number 429 and an angle corner of the herein described tract;
THENCE, North 80°01'11" West, along the north line of Section
Number 429 and the south line of Section Number 1712, a distance of
693.31 feet to a point in the centerline of U.S. Highway 83 for the
southwest corner of the herein described tract;
THENCE, North 05°09'04" West, along the centerline of U.S.
Highway 83, a distance of 4,835.30 feet to the POINT OF BEGINNING
and containing 3,971.307 acres (172,990,131 square feet) of land.
Colorados Tract: Being a tract or parcel containing 2809.853
acres (122,397,204 square feet) of land situated in Webb County,
Texas and being the remainder of a called 6,354.8676 acre tract
described in deed to Huisache Cattle Company, Ltd. Recorded in
Volume 1109, Page, 632 of the Webb County Deed Records (having 7.474
acres (325,559 square feet) within the right-of-way of U.S. Highway
83 per right-of-way map of State Highway No.(4) U.S. 83, File Number
SP718F - Control 37-10-1), said 2809.853 acres tract being more
particularly described by metes and bounds as follows: (Bearings
cited herein are based on the Texas State Plane Coordinate System,
South Zone, NAD 83, are surface and may be converted to grid
applying a combined scale factor of 1.00003144444054)
BEGINNING at a fence corner in the west line of Section Number
429, the northeast corner of Section Number 431, the southeast
corner of Section Number 432, the southwest corner of a 60 foot wide
access lane connecting with U.S. Highway 83, an angle corner and
POINT OF BEGINNING of the herein described tract;
THENCE, North 09°59'17" East, along the east line of Section
Number 432 and the west line of Section Number 429, a distance of
30.00 feet to a point for corner;
THENCE, South 79°48'51" East, along the center of said 60 foot
wide access lane, a distance of 5,442.91 feet to a point in the west
right-of-way line of U.S. Highway 83 for the northeast corner of the
herein described tract;
THENCE with the west right-of-way line of U.S. Highway 83 the
following seven (7) courses and distances:
South 05°07'37" East, a distance of 130.69 feet to a point for
corner;
South 84°52'23" West, a distance of 100.00 feet to a point for
corner;
South 05°07'37' East, a distance of 700.00 feet to a point for
corner;
North 84°52'23" East, a distance of 100.00 feet to a point of
corner;
South 05°07'37" East, a distance of 300.00 feet to a point for
corner;
South 84°52'23" West, a distance of 10.00 feet to a point for
corner;
South 05°07'37" East, a distance of 857.39 feet to a point in
the south line of Section 430 and the north line of Section Number
427 for corner;
THENCE, South 80°03'43" East, along the south line of Section
430 and the north line of Section Number 427, a distance of 113.92
feet to a point in the east right-of-way line of U.S. Highway 83 for
corner;
THENCE with the east right-of-way line of U.S. Highway 83 the
following five (5) courses and distances:
South 05°07'37" East, a distance of 1,213.00 feet to a point
for corner;
North 84°52'23" East, a distance of 100.00 feet to a point for
corner;
South 05°07'37" East, a distance of 600.00 feet to a point for
corner;
South 84°52'23" West, a distance of 100.00 feet to a point for
corner;
South 05°07'37" East, a distance of 509.15 feet to a point of
intersection with the east line of Section Number 427 and the west
line of Section Number 428 for corner;
THENCE, South 09°56'17" West, crossing U.S. Highway 83 with
the east line of Section Number 427 and the west line of Section
Number 428, a distance of 384.74 feet to a point in the west
right-of-way line of U.S. Highway 83 for corner;
THENCE with the west right-of-way line of U.S. Highway 83 the
following five (5) courses and distances:
South 05°07'37" East, a distance of 3,709.34 feet to a point
for corner;
South 84°52'23" West, a distance of 200.00 feet to a point for
corner;
South 05°07'37" East, a distance of 20.00 feet to a point for
corner;
North 84°52'23" East, a distance of 200.00 feet to a point for
corner;
South 05°14'13" East, a distance of 1,851.67 feet to a point
in the north right-of-way line of State Highway 255 (Camino
Colombia Toll Road) for the southeast corner of the herein
described tract;
THENCE with the north right-of-way line of State Highway 255
(Camino Colombia Toll Road) the following three (3) courses and
distances:
South 66°09'45" West, a distance of 1,170.41 feet to a point
for corner;
South 69°13'50" West, a distance of 5,500.00 feet to a point
for corner;
South 73°38'56" West, a distance of 1009.82 feet to a point in
the west right-of-way line of Jefferies Road (40 foot wide) for the
southwest corner of the herein described tract;
THENCE, North 21°46'40" West, along the west right-of-way
line of Jefferies Road, a distance of 2,101.65 feet to a point for
corner;
THENCE, North 21°46'40" West, continuing along the west
right-of-way line of Jefferies Road, a distance of 5,282.14 feet to
a point for corner;
THENCE, North 21°44'42" West, a distance of 39.79 feet to a
point for corner;
THENCE, North 68°10'39" East, a distance of 41.03 feet to a
point for corner;
THENCE, North 21°15'49" West, a distance of 5,690.77 feet to a
fence corner in the west line of Section 431 and for the southeast
corner of Section Number 433, the northeast corner of Section
Number 437, the most southerly corner of Section Number 2148, and an
angle corner of the herein described tract;
THENCE, North 10°08'29" East, along the east line of Section
Number 2148 and the west line of Section Number 431, a distance of
2,654.82 feet to a point for corner;
THENCE, South 79°44'21" East, along the south line of Section
Number 432 and the north line of Section Number 431, a distance of
2,670.37 feet to a point for corner;
THENCE, South 79°55'39" East, continuing along the south line
of Section Number 432 and the north line of Section Number 431, a
distance of 2,621.70 feet to the POINT OF BEGINNING and containing
2809.853 acres (122,397,204 square feet) of land.
Mary Kay Tract: Being a tract or parcel containing 2,828.368
acres (123,203,717 square feet) of land situated in Webb County,
Texas and being all of a called 2,827.868 acre tract described in
deed to Simeon Escondido, LLC recorded in Volume 5058, Page, 145 of
the Official Public Records of Webb County (having 8.764 acres
(381,751 square feet) within the right-of-way of U.S. Highway 83
per right-of-way map of State Highway No.(4) U.S. 83, File Number
SP718F - Control 37-10-1), said 2,828.37 acres tract being more
particularly described by metes and bounds as follows: (Bearings
cited herein are based on the Texas State Plane Coordinate System,
South Zone, NAD 83, are surface and may be converted to grid
applying a combined scale factor of 1.00003144444054)
BEGINNING at a fence corner marking the northwest corner of a
called 2,079.865 acre tract described in deed to Huisache Cattle
Company, Ltd. recorded in Volume 166, Page 832 of the Webb County
Deed Records and the northwest corner of Section Number 365;
THENCE, North 89°46'52" East, a distance of 4,226.45 feet to a
fence corner marking the northeast corner of Section Number 365;
THENCE, North 00°15'28" West, a distance of 1,766.62 feet to a
found 1/2-inch iron rod marking the northwest corner of Section
Number 364;
THENCE, North 89°49'03" East, a distance of 6,325.20 feet to a
found 1/2-inch iron rod in the west right-of-way line of Missouri
Pacific Railway and marking the northwest corner of Section Number
364 and the northeast corner of said called 2,079.865 acre tract;
THENCE along said west right-of-way line of Missouri Pacific
Railway the following three (3) courses and distances:
South 15°15'10" West, a distance of 975.41 feet to a fence
corner;
South 15°22'36" West, a distance of 5,850.97 feet to a fence
corner;
South 15°14'37" West, a distance of 4,422.42 feet to a found
1/2-inch iron rod marking the intersection of said west
right-of-way line of Missouri Pacific Railway and the north
right-of-way line of Webb Road (variable width) marking the
southeast corner of said called 2,079.865 acre tract;
THENCE along said north right-of-way line of Webb Road the
following sixteen (16) courses and distances:
South 89°09'29" West, a distance of 1,193.75 feet to a point
for corner;
North 58°07'19" West, a distance of 103.62 feet to a point for
corner;
South 89°39'12" West, a distance of 2,146.38 feet to a point
for corner;
North 50°14'54" West, a distance of 17.15 feet to a point for
corner;
North 66°50'21" West, a distance of 190.16 feet to a point for
corner;
North 61°02'47" West, a distance of 784.40 feet to a point for
corner;
North 59°54'12" West, a distance of 852.49 feet to a point for
corner;
North 55°19'56" West, a distance of 298.30 feet to a point for
corner;
North 85°28'43" West, a distance of 130.46 feet to a point for
corner;
South 82°11'14" West, a distance of 370.50 feet to a point for
corner;
North 86°09'22" West, a distance of 93.50 feet to a point for
corner;
North 78°36'04" West, a distance of 493.77 feet to a point for
corner;
North 71°50'14" West, a distance of 76.42 feet to a point for
corner;
North 61°10'29" West, a distance of 446.90 feet to a point for
corner;
North 47°43'13" West, a distance of 623.92 feet to a fence
corner;
North 86°18'49" West, a distance of 1,355.92 feet to a point
in an east line of a called 748.003 acre tract described in deed to
Huisache Cattle Company, Ltd. recorded in Volume 166, Page 832 of
the Webb County Deed Records and the southwest corner of said called
2,079.865 acre tract;
THENCE, South 02°36'57" West, over and across said Webb Road,
a distance of 47.72 feet to a point in the south right-of-way line
of said Webb Road;
THENCE along said south right-of-way line of Webb Road the
following three (3) courses and distances:
North 80°08'21" West, a distance of 1,032.58 feet;
North 80°13'29" West, a distance of 32.50 feet;
North 73°38'40" West, a distance of 3,821.11 feet to a point
for the intersection of said Webb Road and the centerline of U.S.
Highway 83 (variable width) for the southwest corner of said called
748.003 acre tract;
THENCE, North 05°10'00" West, along said centerline of U.S.
Highway 83, a distance of 5,896.54 feet to a point for the northwest
corner of said called 748.003 acre tract;
THENCE, South 80°01'13" East, a distance of 6,230.95 feet to a
fence corner;
THENCE, North 08°49'51" East, a distance of 1,159.98 feet to
the POINT OF BEGINNING and containing 2,828.368 acres (123,203,717
square feet) of land.
Webb Tract: Being a tract or parcel containing 1,696.848
acres (73,914,677 square feet) of land situated in Webb County,
Texas and being out of and a part of a called 1,822.50 acre tract
described in deed to Huisache Cattle Company, Ltd. recorded in
Volume 841, Page, 814 of the Webb County Deed Records, said
1,696.848 acres tract being more particularly described by metes
and bounds as follows: (Bearings cited herein are based on the Texas
State Plane Coordinate System, South Zone, NAD 83, are surface and
may be converted to grid applying a combined scale factor of
1.00003144444054)
BEGINNING at a fence corner marking the common corners of
Section Number 362, 363, 1606, 1593 and an angle corner of the
herein described tract;
THENCE, North 89°25'08" West, a distance of 1,318.28 feet to a
found 1/2-inch iron rod in the east right-of-way line of Interstate
Highway 35 (variable width) marking the southwest corner of the
herein described tract;
THENCE with said east right-of-way line of Interstate Highway
35 the following nine (9) courses and distances:
North 12°32'12" East, a distance of 1,260.55 feet to a fence
post for corner and beginning of a curve to the left;
Northeasterly, along a non-tangent curve to the left, having
a radius of 1,948.57 feet, with an arc length of 422.06 feet, a
chord bearing and distance of North 06°18'36" East, 421.24 feet to a
fence post for corner;
North 00°00'40" East, a distance of 296.40 feet to a fence
post for corner;
North 66°59'21" East, a distance of 40.19 feet to a fence post
for corner;
North 12°08'53" East, a distance of 70.85 feet to a fence post
for corner;
North 48°56'46" West, a distance of 64.62 feet to a fence post
for corner and the beginning of a curve to the right;
Northeasterly, along a non-tangent curve to the right, having
a radius of 1,888.99 feet, with an arc length of 374.29 feet, a
chord bearing and distance of North 09°43'00" East, 373.68 feet to a
fence post for corner;
North 15°17'07" East, a distance of 610.18 feet to a fence
post for corner;
North 15°18'24" East, a distance of 495.69 feet to a fence
post for the northwest corner of the herein described tract;
THENCE, North 89°29'54" East, a distance of 15,726.16 feet to
a fence post for the northeast corner of the herein described tract;
THENCE, South 00°32'58" East, a distance of 1,914.30 feet to a
fence post for corner;
THENCE, South 89°29'51" West, a distance of 6,231.04 feet to a
fence post for corner;
THENCE, South 00°12'48" East, a distance of 5,187.59 feet to a
fence post for the southeast corner of Section Number 1963 and the
herein described tract;
THENCE, North 89°46'59" West, a distance of 1,927.01 feet to a
fence post for corner;
THENCE, South 00°26'24" East, a distance of 187.62 feet to a
fence post for corner;
THENCE, North 89°57'49" West, a distance of 1,596.00 feet to a
fence post for corner;
THENCE, North 69°14'50" West, a distance of 5,746.17 feet to a
fence post for corner;
THENCE, North 00°05'46" East, a distance of 1,640.56 feet to
the POINT OF BEGINNING and containing 1,696.848 acres (73,914,677
square feet) of land.
SECTION 4. The Legacy Municipal Management District retains
all rights, powers, privileges, authority, duties, and functions
that the Legacy Water Control and Improvement District had before
the effective date of this Act, except as otherwise expressly
provided by Chapter 4008, Special District Local Laws Code, as
added by this Act.
SECTION 5. (a) The legislature validates and confirms all
governmental acts and proceedings of the Legacy Water Control and
Improvement District that were taken before the effective date of
this Act.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 6. (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, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) 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 7. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 5405 was passed by the House on May
12, 2023, by the following vote: Yeas 100, Nays 40, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 5405 on May 26, 2023, by the following vote: Yeas 104, Nays 36,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5405 was passed by the Senate, with
amendments, on May 24, 2023, by the following vote: Yeas 29, Nays
2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor
Pos. No. Name of Director
1. Richard Jones
2. Michael Olson
3. Melissa Johnson
4. Kathleen Walker
5. William Baize