Texas 2023 - 88th Regular

Texas House Bill HR2470 Compare Versions

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Version 2 (New)

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1	1	H.R. No. 2470
2	2
3	3
4	4	R E S O L U T I O N
5	5	BE IT RESOLVED by the House of Representatives of the State of
6	6	Texas, 88th Legislature, Regular Session, 2023, That House Rule 13,
7	7	Section 9(a), be suspended in part as provided by House Rule 13,
8	8	Section 9(f), to enable the conference committee appointed to
9	9	resolve the differences on House Bill 5344 (the eligibility of
10	10	certain retired firefighters, police officers, and emergency
11	11	medical services providers to purchase continued health benefits
12	12	coverage; the creation of certain special purpose districts and the
13	13	name, powers, and duties of the 3 B&J Municipal Utility District;
14	14	granting a limited power of eminent domain; providing authority to
15	15	issue bonds; providing authority to impose assessments, fees, and
16	16	taxes) to consider and take action on the following matters:
17	17	(1) House Rule 13, Section 9(a)(4), is suspended to permit
18	18	the committee to add text on a matter not included in either the
19	19	house or senate version of the bill by adding the following new
20	20	SECTIONS to the bill:
21	21	SECTION 1. Section 175.001, Local Government Code, is
22	22	amended to read as follows:
23	23	Sec. 175.001. APPLICABILITY. (a) In this section,
24	24	"township" means a special district with territory that only
25	25	includes a census designated place, as designated by the United
26	26	States Bureau of the Census.
27	27	(b) This chapter applies to a person who:
28	28	(1) retires from:
29	29	(A) county employment in a county with a
30	30	population of 75,000 or more;
31	31	(B) employment by an appraisal district in a
32	32	county with a population of 75,000 or more;
33	33	(C) municipal employment in a municipality with a
34	34	population of 25,000 or more; [or]
35	35	(D) employment as a firefighter or emergency
36	36	medical services provider by an emergency services district located
37	37	wholly or partly in a county with a population of 150,000 or more;
38	38	or
39	39	(E) employment as a firefighter, police officer,
40	40	or emergency medical services provider by a township with a
41	41	population of 110,000 or more; and
42	42	(2) is entitled to receive retirement benefits from a
43	43	county, appraisal district, or municipal retirement plan, [or]
44	44	emergency services district, or township.
45	45	SECTION 2. (a) Subtitle C, Title 4, Special District Local
46	46	Laws Code, is amended by adding Chapter 4001 to read as follows:
47	47	CHAPTER 4001. DENTON COUNTY MUNICIPAL MANAGEMENT DISTRICT NO. 2
48	48	SUBCHAPTER A. GENERAL PROVISIONS
49	49	Sec. 4001.0101. DEFINITIONS. In this chapter:
50	50	(1) "Board" means the district's board of directors.
51	51	(2) "County" means Denton County, Texas.
52	52	(3) "Director" means a board member.
53	53	(4) "District" means the Denton County Municipal
54	54	Management District No. 2.
55	55	Sec. 4001.0102. NATURE OF DISTRICT. The Denton County
56	56	Municipal Management District No. 2 is a special district created
57	57	under Section 59, Article XVI, Texas Constitution.
58	58	Sec. 4001.0103. PURPOSE; DECLARATION OF INTENT. (a) The
59	59	creation of the district is essential to accomplish the purposes of
60	60	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
61	61	Texas Constitution, and other public purposes stated in this
62	62	chapter.
63	63	(b) By creating the district and in authorizing the county
64	64	and other political subdivisions to contract with the district, the
65	65	legislature has established a program to accomplish the public
66	66	purposes set out in Section 52-a, Article III, Texas Constitution.
67	67	(c) The creation of the district is necessary to promote,
68	68	develop, encourage, and maintain employment, commerce,
69	69	transportation, housing, tourism, recreation, the arts,
70	70	entertainment, economic development, safety, and the public
71	71	welfare in the district.
72	72	(d) This chapter and the creation of the district may not be
73	73	interpreted to relieve the county from providing the level of
74	74	services provided as of the effective date of the Act enacting this
75	75	chapter to the area in the district. The district is created to
76	76	supplement and not to supplant county services provided in the
77	77	district.
78	78	Sec. 4001.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
79	79	(a) All land and other property included in the district will
80	80	benefit from the improvements and services to be provided by the
81	81	district under powers conferred by Sections 52 and 52-a, Article
82	82	III, and Section 59, Article XVI, Texas Constitution, and other
83	83	powers granted under this chapter.
84	84	(b) The district is created to serve a public use and
85	85	benefit.
86	86	(c) The creation of the district is in the public interest
87	87	and is essential to further the public purposes of:
88	88	(1) developing and diversifying the economy of the
89	89	state;
90	90	(2) eliminating unemployment and underemployment; and
91	91	(3) developing or expanding transportation and
92	92	commerce.
93	93	(d) The district will:
94	94	(1) promote the health, safety, and general welfare of
95	95	residents, employers, potential employees, employees, visitors,
96	96	and consumers in the district, and of the public;
97	97	(2) provide needed funding for the district to
98	98	preserve, maintain, and enhance the economic health and vitality of
99	99	the district territory as a community and business center;
100	100	(3) promote the health, safety, welfare, and enjoyment
101	101	of the public by providing pedestrian ways and by landscaping and
102	102	developing certain areas in the district, which are necessary for
103	103	the restoration, preservation, and enhancement of scenic beauty;
104	104	and
105	105	(4) provide for water, wastewater, drainage, road, and
106	106	recreational facilities for the district.
107	107	(e) Pedestrian ways along or across a street, whether at
108	108	grade or above or below the surface, and street lighting, street
109	109	landscaping, parking, and street art objects are parts of and
110	110	necessary components of a street and are considered to be a street
111	111	or road improvement.
112	112	(f) The district will not act as the agent or
113	113	instrumentality of any private interest even though the district
114	114	will benefit many private interests as well as the public.
115	115	Sec. 4001.0105. INITIAL DISTRICT TERRITORY. (a) The
116	116	district is initially composed of the territory described by
117	117	Section 2(b) of the Act enacting this chapter.
118	118	(b) The boundaries and field notes contained in Section 2(b)
119	119	of the Act enacting this chapter form a closure. A mistake in the
120	120	field notes or in copying the field notes in the legislative process
121	121	does not affect the district's:
122	122	(1) organization, existence, or validity;
123	123	(2) right to issue any type of bonds for the purposes
124	124	for which the district is created or to pay the principal of and
125	125	interest on the bonds;
126	126	(3) right to impose or collect an assessment or tax; or
127	127	(4) legality or operation.
128	128	Sec. 4001.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
129	129	All or any part of the area of the district is eligible to be
130	130	included in:
131	131	(1) a tax increment reinvestment zone created under
132	132	Chapter 311, Tax Code; or
133	133	(2) a tax abatement reinvestment zone created under
134	134	Chapter 312, Tax Code.
135	135	Sec. 4001.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
136	136	DISTRICTS LAW. Except as otherwise provided by this chapter,
137	137	Chapter 375, Local Government Code, applies to the district.
138	138	Sec. 4001.0108. CONSTRUCTION OF CHAPTER. This chapter
139	139	shall be liberally construed in conformity with the findings and
140	140	purposes stated in this chapter.
141	141	SUBCHAPTER B. BOARD OF DIRECTORS
142	142	Sec. 4001.0201. GOVERNING BODY; TERMS. (a) The district is
143	143	governed by a board of five elected directors who serve staggered
144	144	terms of four years.
145	145	(b) Directors are elected in the manner provided by
146	146	Subchapter D, Chapter 49, Water Code.
147	147	Sec. 4001.0202. COMPENSATION; EXPENSES. (a) The district
148	148	may compensate each director in an amount not to exceed $150 for
149	149	each board meeting. The total amount of compensation for each
150	150	director in one year may not exceed $7,200.
151	151	(b) A director is entitled to reimbursement for necessary
152	152	and reasonable expenses incurred in carrying out the duties and
153	153	responsibilities of the board.
154	154	Sec. 4001.0203. TEMPORARY DIRECTORS. (a) On or after the
155	155	effective date of the Act enacting this chapter, the owner or owners
156	156	of a majority of the assessed value of the real property in the
157	157	district may submit a petition to the Texas Commission on
158	158	Environmental Quality requesting that the commission appoint as
159	159	temporary directors the five persons named in the petition. The
160	160	commission shall appoint as temporary directors the five persons
161	161	named in the petition.
162	162	(b) The temporary or successor temporary directors shall
163	163	hold an election to elect five permanent directors as provided by
164	164	Section 49.102, Water Code.
165	165	(c) Temporary directors serve until the earlier of:
166	166	(1) the date permanent directors are elected under
167	167	Subsection (b); or
168	168	(2) the fourth anniversary of the effective date of
169	169	the Act enacting this chapter.
170	170	(d) If permanent directors have not been elected under
171	171	Subsection (b) and the terms of the temporary directors have
172	172	expired, successor temporary directors shall be appointed or
173	173	reappointed as provided by Subsection (e) to serve terms that
174	174	expire on the earlier of:
175	175	(1) the date permanent directors are elected under
176	176	Subsection (b); or
177	177	(2) the fourth anniversary of the date of the
178	178	appointment or reappointment.
179	179	(e) If Subsection (d) applies, the owner or owners of a
180	180	majority of the assessed value of the real property in the district
181	181	may submit a petition to the commission requesting that the
182	182	commission appoint as successor temporary directors the five
183	183	persons named in the petition. The commission shall appoint as
184	184	successor temporary directors the five persons named in the
185	185	petition.
186	186	SUBCHAPTER C. POWERS AND DUTIES
187	187	Sec. 4001.0301. GENERAL POWERS AND DUTIES. The district
188	188	has the powers and duties necessary to accomplish the purposes for
189	189	which the district is created.
190	190	Sec. 4001.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
191	191	district, using any money available to the district for the
192	192	purpose, may provide, design, construct, acquire, improve,
193	193	relocate, operate, maintain, or finance an improvement project or
194	194	service authorized under this chapter or Chapter 375, Local
195	195	Government Code.
196	196	(b) The district may contract with a governmental or private
197	197	entity to carry out an action under Subsection (a).
198	198	(c) The implementation of a district project or service is a
199	199	governmental function or service for the purposes of Chapter 791,
200	200	Government Code.
201	201	Sec. 4001.0303. NONPROFIT CORPORATION. (a) The board by
202	202	resolution may authorize the creation of a nonprofit corporation to
203	203	assist and act for the district in implementing a project or
204	204	providing a service authorized by this chapter.
205	205	(b) The nonprofit corporation:
206	206	(1) has each power of and is considered to be a local
207	207	government corporation created under Subchapter D, Chapter 431,
208	208	Transportation Code; and
209	209	(2) may implement any project and provide any service
210	210	authorized by this chapter.
211	211	(c) The board shall appoint the board of directors of the
212	212	nonprofit corporation. The board of directors of the nonprofit
213	213	corporation shall serve in the same manner as the board of directors
214	214	of a local government corporation created under Subchapter D,
215	215	Chapter 431, Transportation Code, except that a board member is not
216	216	required to reside in the district.
217	217	Sec. 4001.0304. LAW ENFORCEMENT SERVICES. To protect the
218	218	public interest, the district may contract with a qualified party,
219	219	including the county, to provide law enforcement services in the
220	220	district for a fee.
221	221	Sec. 4001.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
222	222	The district may join and pay dues to a charitable or nonprofit
223	223	organization that performs a service or provides an activity
224	224	consistent with the furtherance of a district purpose.
225	225	Sec. 4001.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
226	226	district may engage in activities that accomplish the economic
227	227	development purposes of the district.
228	228	(b) The district may establish and provide for the
229	229	administration of one or more programs to promote state or local
230	230	economic development and to stimulate business and commercial
231	231	activity in the district, including programs to:
232	232	(1) make loans and grants of public money; and
233	233	(2) provide district personnel and services.
234	234	(c) The district may create economic development programs
235	235	and exercise the economic development powers provided to
236	236	municipalities by:
237	237	(1) Chapter 380, Local Government Code; and
238	238	(2) Subchapter A, Chapter 1509, Government Code.
239	239	Sec. 4001.0307. PARKING FACILITIES. (a) The district may
240	240	acquire, lease as lessor or lessee, construct, develop, own,
241	241	operate, and maintain parking facilities or a system of parking
242	242	facilities, including lots, garages, parking terminals, or other
243	243	structures or accommodations for parking motor vehicles off the
244	244	streets and related appurtenances.
245	245	(b) The district's parking facilities serve the public
246	246	purposes of the district and are owned, used, and held for a public
247	247	purpose even if leased or operated by a private entity for a term of
248	248	years.
249	249	(c) The district's parking facilities are parts of and
250	250	necessary components of a street and are considered to be a street
251	251	or road improvement.
252	252	(d) The development and operation of the district's parking
253	253	facilities may be considered an economic development program.
254	254	Sec. 4001.0308. ADDING OR EXCLUDING LAND. The district may
255	255	add or exclude land in the manner provided by Subchapter J, Chapter
256	256	49, Water Code, or by Subchapter H, Chapter 54, Water Code.
257	257	Sec. 4001.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The
258	258	board by resolution shall establish the number of directors'
259	259	signatures and the procedure required for a disbursement or
260	260	transfer of district money.
261	261	Sec. 4001.0310. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
262	262	Section 375.161, Local Government Code, does not apply to the
263	263	district.
264	264	Sec. 4001.0311. EMINENT DOMAIN. The district may exercise
265	265	the power of eminent domain in the manner provided by Section
266	266	49.222, Water Code.
267	267	Sec. 4001.0312. DIVISION OF DISTRICT. (a) The district
268	268	may be divided into two or more new districts only if the district:
269	269	(1) has no outstanding bonded debt; and
270	270	(2) is not imposing ad valorem taxes.
271	271	(b) This chapter applies to any new district created by the
272	272	division of the district, and a new district has all the powers and
273	273	duties of the district.
274	274	(c) Any new district created by the division of the district
275	275	may not, at the time the new district is created, contain any land
276	276	outside the area described by Section 2(b) of the Act enacting this
277	277	chapter.
278	278	(d) The board, on its own motion or on receipt of a petition
279	279	signed by the owner or owners of a majority of the assessed value of
280	280	the real property in the district, may adopt an order dividing the
281	281	district.
282	282	(e) An order dividing the district must:
283	283	(1) name each new district;
284	284	(2) include the metes and bounds description of the
285	285	territory of each new district;
286	286	(3) appoint temporary directors for each new
287	287	district; and
288	288	(4) provide for the division of assets and liabilities
289	289	between or among the new districts.
290	290	(f) On or before the 30th day after the date of adoption of
291	291	an order dividing the district, the district shall file the order
292	292	with the Texas Commission on Environmental Quality and record the
293	293	order in the real property records of each county in which the
294	294	district is located.
295	295	(g) Any new district created by the division of the district
296	296	must hold an election as required by this chapter to obtain voter
297	297	approval before the district may impose a maintenance tax or issue
298	298	bonds payable wholly or partly from ad valorem taxes.
299	299	(h) Municipal consent to the creation of the district and to
300	300	the inclusion of land in the district granted under Section
301	301	4001.0506 acts as municipal consent to the creation of any new
302	302	district created by the division of the district and to the
303	303	inclusion of land in the new district.
304	304	SUBCHAPTER D. ASSESSMENTS
305	305	Sec. 4001.0401. PETITION REQUIRED FOR FINANCING SERVICES
306	306	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
307	307	service or improvement project with assessments under this chapter
308	308	unless a written petition requesting that service or improvement
309	309	has been filed with the board.
310	310	(b) A petition filed under Subsection (a) must be signed by
311	311	the owners of a majority of the assessed value of real property in
312	312	the district subject to assessment according to the most recent
313	313	certified tax appraisal roll for the county.
314	314	Sec. 4001.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
315	315	The board by resolution may impose and collect an assessment for any
316	316	purpose authorized by this chapter in all or any part of the
317	317	district.
318	318	(b) An assessment, a reassessment, or an assessment
319	319	resulting from an addition to or correction of the assessment roll
320	320	by the district, penalties and interest on an assessment or
321	321	reassessment, an expense of collection, and reasonable attorney's
322	322	fees incurred by the district:
323	323	(1) are a first and prior lien against the property
324	324	assessed;
325	325	(2) are superior to any other lien or claim other than
326	326	a lien or claim for county, school district, or municipal ad valorem
327	327	taxes; and
328	328	(3) are the personal liability of and a charge against
329	329	the owners of the property even if the owners are not named in the
330	330	assessment proceedings.
331	331	(c) The lien is effective from the date of the board's
332	332	resolution imposing the assessment until the date the assessment is
333	333	paid. The board may enforce the lien in the same manner that the
334	334	board may enforce an ad valorem tax lien against real property.
335	335	(d) The board may make a correction to or deletion from the
336	336	assessment roll that does not increase the amount of assessment of
337	337	any parcel of land without providing notice and holding a hearing in
338	338	the manner required for additional assessments.
339	339	SUBCHAPTER E. TAXES AND BONDS
340	340	Sec. 4001.0501. TAX ELECTION REQUIRED. (a) The district
341	341	must hold an election in the manner provided by Chapter 49, Water
342	342	Code, or, if applicable, Chapter 375, Local Government Code, to
343	343	obtain voter approval before the district may impose an ad valorem
344	344	tax.
345	345	(b) Section 375.243, Local Government Code, does not apply
346	346	to the district.
347	347	Sec. 4001.0502. OPERATION AND MAINTENANCE TAX. (a) If
348	348	authorized by a majority of the district voters voting at an
349	349	election under Section 4001.0501, the district may impose an
350	350	operation and maintenance tax on taxable property in the district
351	351	in the manner provided by Section 49.107, Water Code, for any
352	352	district purpose, including to:
353	353	(1) maintain and operate the district;
354	354	(2) construct or acquire improvements; or
355	355	(3) provide a service.
356	356	(b) The board shall determine the operation and maintenance
357	357	tax rate. The rate may not exceed the rate approved at the
358	358	election.
359	359	Sec. 4001.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
360	360	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
361	361	terms determined by the board.
362	362	(b) The district may issue bonds, notes, or other
363	363	obligations payable wholly or partly from ad valorem taxes,
364	364	assessments, impact fees, revenue, contract payments, grants, or
365	365	other district money, or any combination of those sources of money,
366	366	to pay for any authorized district purpose.
367	367	Sec. 4001.0504. BONDS SECURED BY REVENUE OR CONTRACT
368	368	PAYMENTS. The district may issue, without an election, bonds
369	369	secured by:
370	370	(1) revenue other than ad valorem taxes, including
371	371	contract revenues; or
372	372	(2) contract payments, provided that the requirements
373	373	of Section 49.108, Water Code, have been met.
374	374	Sec. 4001.0505. BONDS SECURED BY AD VALOREM TAXES;
375	375	ELECTIONS. (a) If authorized at an election under Section
376	376	4001.0501, the district may issue bonds payable from ad valorem
377	377	taxes.
378	378	(b) At the time the district issues bonds payable wholly or
379	379	partly from ad valorem taxes, the board shall provide for the annual
380	380	imposition of a continuing direct annual ad valorem tax, without
381	381	limit as to rate or amount, for each year that all or part of the
382	382	bonds are outstanding as required and in the manner provided by
383	383	Sections 54.601 and 54.602, Water Code.
384	384	(c) All or any part of any facilities or improvements that
385	385	may be acquired by a district by the issuance of its bonds may be
386	386	submitted as a single proposition or as several propositions to be
387	387	voted on at the election.
388	388	Sec. 4001.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
389	389	board may not issue bonds until each municipality in whose
390	390	corporate limits or extraterritorial jurisdiction the district is
391	391	located has consented by ordinance or resolution to the creation of
392	392	the district and to the inclusion of land in the district as
393	393	required by applicable law.
394	394	(b) This section applies only to the district's first
395	395	issuance of bonds payable from ad valorem taxes.
396	396	SUBCHAPTER I. DISSOLUTION
397	397	Sec. 4001.0901. DISSOLUTION. (a) The board shall dissolve
398	398	the district on written petition filed with the board by the owners
399	399	of:
400	400	(1) at least two-thirds of the assessed value of the
401	401	property subject to assessment by the district based on the most
402	402	recent certified county property tax rolls; or
403	403	(2) at least two-thirds of the surface area of the
404	404	district, excluding roads, streets, highways, utility
405	405	rights-of-way, other public areas, and other property exempt from
406	406	assessment by the district according to the most recent certified
407	407	county property tax rolls.
408	408	(b) The board by majority vote may dissolve the district at
409	409	any time.
410	410	(c) The district may not be dissolved by its board under
411	411	Subsection (a) or (b) if the district:
412	412	(1) has any outstanding bonded indebtedness until that
413	413	bonded indebtedness has been repaid or defeased in accordance with
414	414	the order or resolution authorizing the issuance of the bonds;
415	415	(2) has a contractual obligation to pay money until
416	416	that obligation has been fully paid in accordance with the
417	417	contract; or
418	418	(3) owns, operates, or maintains public works,
419	419	facilities, or improvements unless the district contracts with
420	420	another person for the ownership, operation, or maintenance of the
421	421	public works, facilities, or improvements.
422	422	(d) Sections 375.261, 375.262, and 375.264, Local
423	423	Government Code, do not apply to the district.
424	424	(b) The Denton County Municipal Management District No. 2
425	425	initially includes all territory contained in the following area:
426	426	TRACT I:
427	427	ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
428	428	SITUATED IN THE B. WAY SURVEY, ABSTRACT NUMBER 1350, W. JOHNSON
429	429	SURVEY, ABSTRACT NUMBER 680, J. STEWART, ABSTRACT NUMBER 1199,
430	430	DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT DESCRIBED IN A DEED
431	431	TO CLEAR CREEK RIDGE, LLC, RECORDED IN VOLUME 5127, PAGE 1955, AND
432	432	VOLUME 5127, PAGE 1951, REAL PROPERTY RECORDS OF DENTON COUNTY,
433	433	TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
434	434	BEGINNING AT A 1/2 INCH IRON PIN FOUND AT THE SOUTHERN MOST
435	435	SOUTHEAST CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
436	436	PAGE 1955 AND BEING ON THE WEST LINE OF A DEED TO F. JEFFERY CHARNEY,
437	437	RECORDED IN VOLUME 3035, PAGE 534, REAL PROPERTY RECORDS, DENTON
438	438	COUNTY, TEXAS, AND BEING ON THE NORTHERN MOST NORTHEAST CORNER OF A
439	439	TRACT DESCRIBED IN A DEED TO ROYAL WHITE JONES, RECORDED IN VOLUME
440	440	1231, PAGE 701, DEED RECORDS, DENTON COUNTY, TEXAS;
441	441	THENCE NORTH 71 DEGREES 47 MINUTES 53 SECONDS WEST WITH THE
442	442	SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
443	443	1955, A DISTANCE OF 5542.39 FEET TO A 1/2 INCH IRON PIN SET AT THE
444	444	SOUTHERN MOST SOUTHWEST CORNER OF SAID CLEAR CREEK RIDGE TRACT IN
445	445	VOLUME 5127, PAGE 1955, AN INNER ELL CORNER OF A TRACT DESCRIBED IN
446	446	A DEED TO CASEY MARK HARRINGTON, RECORDED IN VOLUME 2031, PAGE 348,
447	447	REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
448	448	THENCE NORTH WITH A WEST LINE OF SAID CLEAR CREEK RIDGE TRACT
449	449	IN VOLUME 5127, PAGE 1955, A DISTANCE OF 240.00 FEET TO A 1/2 INCH
450	450	IRON PIN SET AT A SOUTHWEST CORNER OF SAID CLEAR CREEK RIDGE TRACT
451	451	IN VOLUME 5127, PAGE 1955;
452	452	THENCE SOUTH 89 DEGREES 24 MINUTES 00 SECONDS EAST, A
453	453	DISTANCE OF 154.60 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER AT AN
454	454	INNER ELL CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
455	455	PAGE 1955 AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO
456	456	MARY TOM CRAVENS CURNUTT, RECORDED IN VOLUME 2505, PAGE 298, REAL
457	457	PROPERTY RECORDS, DENTON COUNTY, TEXAS;
458	458	THENCE NORTH 15 DEGREES 54 MINUTES 04 SECONDS EAST WITH THE
459	459	WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
460	460	A DISTANCE OF 2222.30 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER;
461	461	THENCE SOUTH 82 DEGREES 47 MINUTES 03 SECONDS EAST WITH A
462	462	SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
463	463	1955, A DISTANCE OF 667.90 FEET TO A 1/2 INCH IRON PIN FOUND FOR
464	464	CORNER;
465	465	THENCE NORTH 56 DEGREES 22 MINUTES 21 SECONDS EAST WITH A
466	466	SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
467	467	1955, A DISTANCE OF 642.42 FEET TO A 1/2 INCH IRON PIN FOUND FOR
468	468	CORNER;
469	469	THENCE NORTH 50 DEGREES 04 MINUTES 04 SECONDS EAST WITH A
470	470	SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
471	471	1955, A DISTANCE OF 311.43 FEET TO A 1/2 INCH IRON PIN FOUND FOR
472	472	CORNER;
473	473	THENCE NORTH 36 DEGREES 03 MINUTES 57 SECONDS EAST WITH THE
474	474	WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
475	475	A DISTANCE OF 1119.19 FEET TO A 1/2 INCH IRON PIN FOUND FOR CORNER;
476	476	THENCE NORTH 26 DEGREES 07 MINUTES 18 SECONDS WEST WITH THE
477	477	WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
478	478	A DISTANCE OF 1390.50 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER;
479	479	THENCE NORTH 00 DEGREES 14 MINUTES 50 SECONDS EAST WITH THE
480	480	WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
481	481	A DISTANCE OF 913.00 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER ON
482	482	THE NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
483	483	1955, AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME
484	484	5127, PAGE 1951;
485	485	THENCE NORTH 89 DEGREES 52 MINUTES 14 SECONDS WEST WITH A
486	486	NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955
487	487	AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
488	488	PAGE 1951, A DISTANCE OF 771.47 FEET TO A 1/2 INCH IRON PIN SET FOR
489	489	CORNER BEING ON A WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN
490	490	VOLUME 5127, PAGE 1951 AND AN EAST LINE OF A TRACT DESCRIBED IN A
491	491	DEED TO RAY HENGER, RECORDED IN VOLUME 4612, PAGE 567, REAL PROPERTY
492	492	RECORDS, DENTON COUNTY, TEXAS;
493	493	THENCE NORTH 00 DEGREES 46 MINUTES 29 SECONDS WEST WITH A WEST
494	494	LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1951 AND
495	495	AN EAST LINE OF SAID HENGER TRACT, A DISTANCE OF 1151.02 FEET TO A
496	496	1/2 INCH IRON PIN SET FOR CORNER;
497	497	THENCE WITH CLEAR CREEK THE FOLLOWING FIFTY-FOUR (54) CALLS:
498	498	1.) NORTH 55 DEGREES 38 MINUTES 38 SECONDS EAST, A DISTANCE
499	499	OF 110.80 FEET;
500	500	2.) NORTH 51 DEGREES 23 MINUTES 04 SECONDS EAST, A DISTANCE
501	501	OF 278.21 FEET;
502	502	3.) SOUTH 70 DEGREES 46 MINUTES 01 SECONDS EAST, A DISTANCE
503	503	OF 415.87 FEET;
504	504	4.) SOUTH 40 DEGREES 58 MINUTES 38 SECONDS EAST, A DISTANCE
505	505	OF 604.83 FEET;
506	506	5.) SOUTH 51 DEGREES 09 MINUTES 01 SECONDS EAST, A DISTANCE
507	507	OF 410.80 FEET;
508	508	6.) SOUTH 37 DEGREES 53 MINUTES 33 SECONDS EAST, A DISTANCE
509	509	OF 82.37 FEET;
510	510	7.) SOUTH 18 DEGREES 46 MINUTES 16 SECONDS EAST, A DISTANCE
511	511	OF 75.16 FEET;
512	512	8.) SOUTH 05 DEGREES 46 MINUTES 16 SECONDS WEST, A DISTANCE
513	513	OF 49.39 FEET;
514	514	9.) SOUTH 22 DEGREES 04 MINUTES 06 SECONDS WEST, A DISTANCE
515	515	OF 308.38 FEET;
516	516	10.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A DISTANCE
517	517	OF 76.63 FEET;
518	518	11.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A DISTANCE
519	519	OF 547.10 FEET;
520	520	12.) SOUTH 46 DEGREES 12 MINUTES 54 SECONDS EAST, A DISTANCE
521	521	OF 174.23 FEET;
522	522	13.) NORTH 86 DEGREES 27 MINUTES 32 SECONDS EAST, A DISTANCE
523	523	OF 417.50 FEET;
524	524	14.) NORTH 53 DEGREES 53 MINUTES 06 SECONDS EAST, A DISTANCE
525	525	OF 225.22 FEET;
526	526	15.) SOUTH 70 DEGREES 20 MINUTES 06 SECONDS EAST, A DISTANCE
527	527	OF 93.57 FEET;
528	528	16.) SOUTH 54 DEGREES 37 MINUTES 57 SECONDS EAST, A DISTANCE
529	529	OF 330.11 FEET;
530	530	17.) NORTH 64 DEGREES 44 MINUTES 37 SECONDS EAST, A DISTANCE
531	531	OF 674.49 FEET;
532	532	18.) NORTH 84 DEGREES 14 MINUTES 43 SECONDS EAST, A DISTANCE
533	533	OF 100.20 FEET;
534	534	19.) SOUTH 56 DEGREES 23 MINUTES 54 SECONDS EAST, A DISTANCE
535	535	OF 116.40 FEET;
536	536	20.) SOUTH 06 DEGREES 22 MINUTES 27 SECONDS WEST, A DISTANCE
537	537	OF 228.98 FEET;
538	538	21.) SOUTH 52 DEGREES 30 MINUTES 28 SECONDS WEST, A DISTANCE
539	539	OF 271.35 FEET;
540	540	22.) SOUTH 87 DEGREES 06 MINUTES 16 SECONDS WEST, A DISTANCE
541	541	OF 326.84 FEET;
542	542	23.) SOUTH 63 DEGREES 22 MINUTES 32 SECONDS WEST, A DISTANCE
543	543	OF 93.18 FEET;
544	544	24.) SOUTH 19 DEGREES 39 MINUTES 44 SECONDS WEST, A DISTANCE
545	545	OF 274.65 FEET;
546	546	25.) SOUTH 06 DEGREES 09 MINUTES 26 SECONDS EAST, A DISTANCE
547	547	OF 129.80 FEET;
548	548	26.) SOUTH 59 DEGREES 41 MINUTES 10 SECONDS EAST, A DISTANCE
549	549	OF 155.04 FEET;
550	550	27.) NORTH 61 DEGREES 09 MINUTES 15 SECONDS EAST, A DISTANCE
551	551	OF 459.27 FEET;
552	552	28.) SOUTH 85 DEGREES 11 MINUTES 12 SECONDS EAST, A DISTANCE
553	553	OF 101.67 FEET;
554	554	29.) SOUTH 50 DEGREES 11 MINUTES 20 SECONDS EAST, A DISTANCE
555	555	OF 160.52 FEET;
556	556	30.) SOUTH 19 DEGREES 38 MINUTES 33 SECONDS EAST, A DISTANCE
557	557	OF 218.07 FEET;
558	558	31.) SOUTH 08 DEGREES 39 MINUTES 06 SECONDS WEST, A DISTANCE
559	559	OF 110.67 FEET;
560	560	32.) SOUTH 60 DEGREES 37 MINUTES 40 SECONDS WEST, A DISTANCE
561	561	OF 111.17 FEET;
562	562	33.) NORTH 71 DEGREES 44 MINUTES 44 SECONDS WEST, A DISTANCE
563	563	OF 205.32 FEET;
564	564	34.) NORTH 58 DEGREES 00 MINUTES 21 SECONDS WEST, A DISTANCE
565	565	OF 175.42 FEET;
566	566	35.) SOUTH 60 DEGREES 53 MINUTES 09 SECONDS WEST, A DISTANCE
567	567	OF 81.38 FEET;
568	568	36.) SOUTH 19 DEGREES 12 MINUTES 39 SECONDS EAST, A DISTANCE
569	569	OF 180.46 FEET;
570	570	37.) SOUTH 31 DEGREES 27 MINUTES 36 SECONDS EAST, A DISTANCE
571	571	OF 348.51 FEET;
572	572	38.) SOUTH 08 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE
573	573	OF 80.11 FEET;
574	574	39.) SOUTH 44 DEGREES 00 MINUTES 08 SECONDS WEST, A DISTANCE
575	575	OF 157.91 FEET;
576	576	40.) SOUTH 69 DEGREES 06 MINUTES 14 SECONDS WEST, A DISTANCE
577	577	OF 188.37 FEET;
578	578	41.) SOUTH 03 DEGREES 39 MINUTES 31 SECONDS WEST, A DISTANCE
579	579	OF 190.40 FEET;
580	580	42.) SOUTH 62 DEGREES 37 MINUTES 49 SECONDS EAST, A DISTANCE
581	581	OF 165.30 FEET;
582	582	43.) NORTH 43 DEGREES 07 MINUTES 44 SECONDS EAST, A DISTANCE
583	583	OF 253.82 FEET;
584	584	44.) NORTH 58 DEGREES 54 MINUTES 00 SECONDS EAST, A DISTANCE
585	585	OF 135.83 FEET;
586	586	45.) SOUTH 34 DEGREES 09 MINUTES 46 SECONDS EAST, A DISTANCE
587	587	OF 149.30 FEET;
588	588	46.) SOUTH 21 DEGREES 47 MINUTES 10 SECONDS WEST, A DISTANCE
589	589	OF 518.33 FEET;
590	590	47.) SOUTH 20 DEGREES 01 MINUTES 56 SECONDS EAST, A DISTANCE
591	591	OF 329.19 FEET;
592	592	48.) SOUTH 66 DEGREES 36 MINUTES 28 SECONDS EAST, A DISTANCE
593	593	OF 195.08 FEET;
594	594	49.) SOUTH 87 DEGREES 31 MINUTES 31 SECONDS EAST, A DISTANCE
595	595	OF 403.76 FEET;
596	596	50.) SOUTH 68 DEGREES 26 MINUTES 25 SECONDS EAST, A DISTANCE
597	597	OF 144.04 FEET;
598	598	51.) SOUTH 03 DEGREES 41 MINUTES 33 SECONDS WEST, A DISTANCE
599	599	OF 91.78 FEET;
600	600	52.) SOUTH 23 DEGREES 36 MINUTES 59 SECONDS WEST, A DISTANCE
601	601	OF 322.95 FEET;
602	602	53.) SOUTH 39 DEGREES 05 MINUTES 30 SECONDS EAST, A DISTANCE
603	603	OF 167.15 FEET;
604	604	54.) SOUTH 54 DEGREES 29 MINUTES 12 SECONDS EAST, A DISTANCE
605	605	OF 152.28 FEET TO A 1/2 INCH IRON PIN FOUND ON AN EAST LINE OF SAID
606	606	CLEAR CREEK RIDGE TRACT;
607	607	THENCE SOUTH 00 DEGREES 52 MINUTES 17 SECONDS EAST WITH AN
608	608	EAST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
609	609	A DISTANCE OF 3736.55 FEET TO THE POINT OF BEGINNING AND CONTAINING
610	610	IN ALL 535.703 ACRES OF LAND.
611	611	(c) Section 4001.0311, Special District Local Laws Code, as
612	612	added by Subsection (a) of this section, takes effect only if this
613	613	Act receives a two-thirds vote of all the members elected to each
614	614	house.
615	615	(d) If the Act enacting this section does not receive a
616	616	two-thirds vote of all the members elected to each house,
617	617	Subchapter C, Chapter 4001, Special District Local Laws Code, as
618	618	added by Subsection (a) of this section, is amended by adding
619	619	Section 4001.0311 to read as follows:
620	620	Sec. 4001.0311. NO EMINENT DOMAIN POWER. The district may
621	621	not exercise the power of eminent domain.
622	622	SECTION 4. (a) Subtitle F, Title 6, Special District Local
623	623	Laws Code, is amended by adding Chapter 7962 to read as follows:
624	624	CHAPTER 7962. JARRELL ESTATES MUNICIPAL UTILITY DISTRICT NO. 1
625	625	SUBCHAPTER A. GENERAL PROVISIONS
626	626	Sec. 7962.0101. DEFINITIONS. In this chapter:
627	627	(1) "Board" means the district's board of directors.
628	628	(2) "Commission" means the Texas Commission on
629	629	Environmental Quality.
630	630	(3) "Director" means a board member.
631	631	(4) "District" means the Jarrell Estates Municipal
632	632	Utility District No. 1.
633	633	Sec. 7962.0102. NATURE OF DISTRICT. The district is a
634	634	municipal utility district created under Section 59, Article XVI,
635	635	Texas Constitution.
636	636	Sec. 7962.0103. CONFIRMATION AND DIRECTORS' ELECTION
637	637	REQUIRED. The temporary directors shall hold an election to
638	638	confirm the creation of the district and to elect five permanent
639	639	directors as provided by Section 49.102, Water Code.
640	640	Sec. 7962.0104. CONSENT OF MUNICIPALITY REQUIRED. The
641	641	temporary directors may not hold an election under Section
642	642	7962.0103 until each municipality in whose corporate limits or
643	643	extraterritorial jurisdiction the district is located has
644	644	consented by ordinance or resolution to the creation of the
645	645	district and to the inclusion of land in the district.
646	646	Sec. 7962.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
647	647	(a) The district is created to serve a public purpose and benefit.
648	648	(b) The district is created to accomplish the purposes of:
649	649	(1) a municipal utility district as provided by
650	650	general law and Section 59, Article XVI, Texas Constitution; and
651	651	(2) Section 52, Article III, Texas Constitution, that
652	652	relate to the construction, acquisition, improvement, operation,
653	653	or maintenance of macadamized, graveled, or paved roads, or
654	654	improvements, including storm drainage, in aid of those roads.
655	655	Sec. 7962.0106. INITIAL DISTRICT TERRITORY. (a) The
656	656	district is initially composed of the territory described by
657	657	Section 4(b) of the Act enacting this chapter.
658	658	(b) The boundaries and field notes contained in Section 4(b)
659	659	of the Act enacting this chapter form a closure. A mistake made in
660	660	the field notes or in copying the field notes in the legislative
661	661	process does not affect the district's:
662	662	(1) organization, existence, or validity;
663	663	(2) right to issue any type of bond for the purposes
664	664	for which the district is created or to pay the principal of and
665	665	interest on a bond;
666	666	(3) right to impose a tax; or
667	667	(4) legality or operation.
668	668	SUBCHAPTER B. BOARD OF DIRECTORS
669	669	Sec. 7962.0201. GOVERNING BODY; TERMS. (a) The district is
670	670	governed by a board of five elected directors.
671	671	(b) Except as provided by Section 7962.0202, directors
672	672	serve staggered four-year terms.
673	673	Sec. 7962.0202. TEMPORARY DIRECTORS. (a) The temporary
674	674	board consists of:
675	675	(1) Jake Newman;
676	676	(2) Davis Craig;
677	677	(3) Brad Harwick;
678	678	(4) LouAnn Covington; and
679	679	(5) Stephen Fowler.
680	680	(b) Temporary directors serve until the earlier of:
681	681	(1) the date permanent directors are elected under
682	682	Section 7962.0103; or
683	683	(2) the fourth anniversary of the effective date of
684	684	the Act enacting this chapter.
685	685	(c) If permanent directors have not been elected under
686	686	Section 7962.0103 and the terms of the temporary directors have
687	687	expired, successor temporary directors shall be appointed or
688	688	reappointed as provided by Subsection (d) to serve terms that
689	689	expire on the earlier of:
690	690	(1) the date permanent directors are elected under
691	691	Section 7962.0103; or
692	692	(2) the fourth anniversary of the date of the
693	693	appointment or reappointment.
694	694	(d) If Subsection (c) applies, the owner or owners of a
695	695	majority of the assessed value of the real property in the district
696	696	may submit a petition to the commission requesting that the
697	697	commission appoint as successor temporary directors the five
698	698	persons named in the petition. The commission shall appoint as
699	699	successor temporary directors the five persons named in the
700	700	petition.
701	701	SUBCHAPTER C. POWERS AND DUTIES
702	702	Sec. 7962.0301. GENERAL POWERS AND DUTIES. The district
703	703	has the powers and duties necessary to accomplish the purposes for
704	704	which the district is created.
705	705	Sec. 7962.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
706	706	DUTIES. The district has the powers and duties provided by the
707	707	general law of this state, including Chapters 49 and 54, Water Code,
708	708	applicable to municipal utility districts created under Section 59,
709	709	Article XVI, Texas Constitution.
710	710	Sec. 7962.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
711	711	52, Article III, Texas Constitution, the district may design,
712	712	acquire, construct, finance, issue bonds for, improve, operate,
713	713	maintain, and convey to this state, a county, or a municipality for
714	714	operation and maintenance macadamized, graveled, or paved roads, or
715	715	improvements, including storm drainage, in aid of those roads.
716	716	Sec. 7962.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
717	717	road project must meet all applicable construction standards,
718	718	zoning and subdivision requirements, and regulations of each
719	719	municipality in whose corporate limits or extraterritorial
720	720	jurisdiction the road project is located.
721	721	(b) If a road project is not located in the corporate limits
722	722	or extraterritorial jurisdiction of a municipality, the road
723	723	project must meet all applicable construction standards,
724	724	subdivision requirements, and regulations of each county in which
725	725	the road project is located.
726	726	(c) If the state will maintain and operate the road, the
727	727	Texas Transportation Commission must approve the plans and
728	728	specifications of the road project.
729	729	Sec. 7962.0305. COMPLIANCE WITH MUNICIPAL REGULATIONS. Any
730	730	water, sanitary sewer, road, drainage, or other infrastructure or
731	731	public facilities constructed, acquired, improved, maintained, or
732	732	operated by the district shall comply with any subdivision or other
733	733	applicable regulations of any municipality in whose corporate
734	734	limits or extraterritorial jurisdiction the infrastructure or
735	735	public facilities are located unless other regulations are
736	736	specified in a development agreement between the district and the
737	737	municipality.
738	738	Sec. 7962.0306. COMPLIANCE WITH MUNICIPAL CONSENT
739	739	ORDINANCE OR RESOLUTION. The district shall comply with all
740	740	applicable requirements of any ordinance or resolution that is
741	741	adopted under Section 54.016 or 54.0165, Water Code, and that
742	742	consents to the creation of the district or to the inclusion of land
743	743	in the district.
744	744	Sec. 7962.0307. DIVISION OF DISTRICT. (a) The district may
745	745	be divided into two or more new districts only if the district:
746	746	(1) has no outstanding bonded debt; and
747	747	(2) is not imposing ad valorem taxes.
748	748	(b) This chapter applies to any new district created by the
749	749	division of the district, and a new district has all the powers and
750	750	duties of the district.
751	751	(c) Any new district created by the division of the district
752	752	may not, at the time the new district is created, contain any land
753	753	outside the area described by Section 4(b) of the Act enacting this
754	754	chapter.
755	755	(d) The board, on its own motion or on receipt of a petition
756	756	signed by the owner or owners of a majority of the assessed value of
757	757	the real property in the district, may adopt an order dividing the
758	758	district.
759	759	(e) The board may adopt an order dividing the district
760	760	before or after the date the board holds an election under Section
761	761	7962.0103 to confirm the district's creation.
762	762	(f) An order dividing the district shall:
763	763	(1) name each new district;
764	764	(2) include the metes and bounds description of the
765	765	territory of each new district;
766	766	(3) appoint temporary directors for each new district;
767	767	and
768	768	(4) provide for the division of assets and liabilities
769	769	between or among the new districts.
770	770	(g) On or before the 30th day after the date of adoption of
771	771	an order dividing the district, the district shall file the order
772	772	with the commission and record the order in the real property
773	773	records of each county in which the district is located.
774	774	(h) Any new district created by the division of the district
775	775	shall hold a confirmation and directors' election as required by
776	776	Section 7962.0103. If the voters of a new district do not confirm
777	777	the creation of the new district, the assets, obligations,
778	778	territory, and governance of the new district revert to the
779	779	original district.
780	780	(i) If the creation of the new district is confirmed, the
781	781	new district shall provide the election date and results to the
782	782	commission.
783	783	(j) Municipal consent to the creation of the district and to
784	784	the inclusion of land in the district granted under Section
785	785	7962.0104 acts as municipal consent to the creation of any new
786	786	district created by the division of the district and to the
787	787	inclusion of land in the new district.
788	788	(k) Any new district created by the division of the district
789	789	must hold an election as required by this chapter to obtain voter
790	790	approval before the district may impose a maintenance tax or issue
791	791	bonds payable wholly or partly from ad valorem taxes.
792	792	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
793	793	Sec. 7962.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
794	794	The district may issue, without an election, bonds and other
795	795	obligations secured by:
796	796	(1) revenue other than ad valorem taxes; or
797	797	(2) contract payments described by Section 7962.0403.
798	798	(b) The district must hold an election in the manner
799	799	provided by Chapters 49 and 54, Water Code, to obtain voter approval
800	800	before the district may impose an ad valorem tax or issue bonds
801	801	payable from ad valorem taxes.
802	802	(c) The district may not issue bonds payable from ad valorem
803	803	taxes to finance a road project unless the issuance is approved by a
804	804	vote of a two-thirds majority of the district voters voting at an
805	805	election held for that purpose.
806	806	Sec. 7962.0402. OPERATION AND MAINTENANCE TAX. (a) If
807	807	authorized at an election held under Section 7962.0401, the
808	808	district may impose an operation and maintenance tax on taxable
809	809	property in the district in accordance with Section 49.107, Water
810	810	Code.
811	811	(b) The board shall determine the tax rate. The rate may not
812	812	exceed the rate approved at the election.
813	813	(c) Section 49.107(f), Water Code, does not apply to
814	814	reimbursements for projects constructed or acquired under Section
815	815	7962.0303.
816	816	Sec. 7962.0403. CONTRACT TAXES. (a) In accordance with
817	817	Section 49.108, Water Code, the district may impose a tax other than
818	818	an operation and maintenance tax and use the revenue derived from
819	819	the tax to make payments under a contract after the provisions of
820	820	the contract have been approved by a majority of the district voters
821	821	voting at an election held for that purpose.
822	822	(b) A contract approved by the district voters may contain a
823	823	provision stating that the contract may be modified or amended by
824	824	the board without further voter approval.
825	825	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
826	826	Sec. 7962.0501. AUTHORITY TO ISSUE BONDS AND OTHER
827	827	OBLIGATIONS. The district may issue bonds or other obligations
828	828	payable wholly or partly from ad valorem taxes, impact fees,
829	829	revenue, contract payments, grants, or other district money, or any
830	830	combination of those sources, to pay for any authorized district
831	831	purpose.
832	832	Sec. 7962.0502. TAXES FOR BONDS. At the time the district
833	833	issues bonds payable wholly or partly from ad valorem taxes, the
834	834	board shall provide for the annual imposition of a continuing
835	835	direct ad valorem tax, without limit as to rate or amount, while all
836	836	or part of the bonds are outstanding as required and in the manner
837	837	provided by Sections 54.601 and 54.602, Water Code.
838	838	Sec. 7962.0503. BONDS FOR ROAD PROJECTS. At the time of
839	839	issuance, the total principal amount of bonds or other obligations
840	840	issued or incurred to finance road projects and payable from ad
841	841	valorem taxes may not exceed one-fourth of the assessed value of the
842	842	real property in the district.
843	843	(b) The Jarrell Estates Municipal Utility District No. 1
844	844	initially includes all the territory contained in the following
845	845	area:
846	846	(a) BEGINNING: At a 2" pipe post found in the North line of
847	847	County Road 232 for the lower Southeast corner of a 649.53 Acre
848	848	Tract (Document #2004074055, Official Public Records, described in
849	849	Volume 2520, Page 200 and Volume 2598, Page 457, Official Public
850	850	Records) and an exterior corner of said 3072.64 Acre Tract and of
851	851	this tract from which a 2" pipe post found in the South line of said
852	852	county road for the Northwest corner of a 48.65 Acre Tract (surveyed
853	853	March 10, 2022) bears S 00° 18' 48" W 56.15 feet;
854	854	THENCE: Along a fence with the lower East line of said 649.53
855	855	Acre Tract and a West line of said 3072.64 Acre Tract and of this
856	856	tract as follows:
857	857	N 04° 31' 43" W 735.20 feet to a 3" pipe post found for an angle
858	858	point;
859	859	N 10° 51' 27" W 14.01 feet to a 3" pipe post found for an
860	860	interior corner of said 649.53 Acre Tract and an exterior corner of
861	861	said 3072.64 Acre Tract and of this tract;
862	862	THENCE: Along a fence with the upper South line of said 649.53
863	863	Acre Tract and a North line of said 3072.64 Acre Tract and of this
864	864	tract as follows:
865	865	N 65° 24' 32" E 680.46 feet to a 2" pipe post found for an angle
866	866	point;
867	867	N 65° 28' 50" E 651.69 feet to a 2" pipe post found for an angle
868	868	point;
869	869	N 68° 01' 01" E 2635.82 feet to a 100D nail set for the
870	870	Southeast corner of said 649.53 Acre Tract and an interior corner of
871	871	said 3072.64 Acre Tract and of this tract;
872	872	THENCE: Along a fence with the East line of Abstract No. 358,
873	873	Survey No. 1, and said 649.53 Acre Tract, the lower East line of a
874	874	1209.24 Acre Tract (Document #2014012037, Official Public
875	875	Records), the West line of Survey No. 21, and the upper West line of
876	876	said 3072.64 Acre Tract and of this tract as follows:
877	877	N 21° 16' 42" W 2553.70 feet to a 2" pipe post found for an
878	878	angle point;
879	879	N 21° 14' 51" W 877.13 feet to a steel post found for an angle
880	880	point;
881	881	N 20° 54' 03" W 2216.78 feet to a 3" pipe post found for the
882	882	Northeast corner of said 649.53 Acre Tract and an angle point of
883	883	this tract;
884	884	S 69° 04' 53" W 13.57 feet with the North line of said 649.53
885	885	Acre Tract to a 3" pipe post found for the Southeast corner of said
886	886	1209.24 Acre Tract and an angle point of this tract;
887	887	N 20° 05' 30" W 1230.33 feet to a 2" pipe post found for an
888	888	interior corner of said 1209.24 Acre Tract and the upper Northwest
889	889	corner of said 3072.64 Acre Tract and of this tract;
890	890	THENCE: Along a fence with the upper South line of said
891	891	1209.24 Acre Tract, the South line of a 5611 Acre Tract (Volume 365,
892	892	Page 115, Deed Records) and the North line of said 3072.64 Acre
893	893	Tract and of this tract as follows:
894	894	N 68° 20' 52" E 277.73 feet to a 1/2" iron pin found by 10"
895	895	cedar post for the upper Southeast corner of said 1209.24 Acre
896	896	Tract, the upper Southwest corner of said 5611 Acre Tract, and an
897	897	angle point of this tract;
898	898	N 68° 26' 45" E 5079.62 feet to a 2" pipe post found for an
899	899	angle point;
900	900	S 86° 22' 04" E 411.00 feet to a 1/2" iron pin found by 6" cedar
901	901	post for an interior corner of said 5611 Acre Tract and the upper
902	902	Northeast corner of this tract;
903	903	S 20° 51' 48" E 2076.49 feet to a 5/8" iron pin found by 3" pipe
904	904	post for an exterior corner of said 5611 Acre Tract and an interior
905	905	corner of this tract;
906	906	N 69° 23' 59" E 1379.50 feet to a 3" pipe post found for an
907	907	interior corner of said 5611 Acre Tract and an exterior corner of
908	908	this tract;
909	909	S 21° 50' 49" E 1736.87 feet to a 3" pipe post found for an
910	910	angle point;
911	911	S 20° 41' 55" E 1761.43 feet to a 3" pipe post found for the
912	912	lower Southwest corner of said 5611 Acre Tract, an interior corner
913	913	of said 3072.64 Acre Tract, an exterior corner of a 1205.00 Acre
914	914	Tract (this day surveyed), and an angle point of this tract;
915	915	S 21° 05' 42" E 540.16 feet into said 3072.64 Acre Tract to a
916	916	5/8" iron pin set for an interior corner of said 1205.00 Acre Tract
917	917	and the upper Southeast corner of this tract;
918	918	THENCE: S 68° 43' 40" W 5320.62 feet to a 5/8" iron pin set for
919	919	the Northwest corner of said 1205.00 Acre Tract and an interior
920	920	corner of this tract;
921	921	THENCE: S 21° 02' 32" E 5182.49 feet, at 2584.32 feet pass a
922	922	5/8" iron pin set for an angle point of said 1205.00 Acre Tract and
923	923	the upper Northwest corner of a 514.30 Acre Tract (this day
924	924	surveyed), continuing to a 5/8" iron pin set for an interior corner
925	925	of said 514.30 Acre Tract and an exterior corner of this tract;
926	926	THENCE: S 68° 57' 28" W 1870.94 feet to a 5/8" iron pin set for
927	927	the lower Northwest corner of said 514.30 Acre Tract and the lower
928	928	Southwest corner of this tract;
929	929	THENCE: N 20° 44' 59" W 1603.97 feet along a fence with the
930	930	East line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458, Page
931	931	859, Deed Records) and the West line of Survey No. 21 to a 1/2" iron
932	932	pin found by 10" cedar post for the Northeast corner of Survey
933	933	No. 13 and said 195.5 Acre Tract, the Southeast corner of Abstract
934	934	No. 358, and an interior corner of said 3072.64 Acre Tract and of
935	935	this tract;
936	936	THENCE: S 68° 20' 05" W 3102.03 feet along a fence with the
937	937	North line of Survey No. 13 and the South line of Abstract No. 358
938	938	to a 6" cedar post found for an exterior corner of said 3072.64 Acre
939	939	Tract and of this tract;
940	940	THENCE: Along a fence with the East line of said county road
941	941	and a West line of said 3072.64 Acre Tract and of this tract passing
942	942	2" pipe posts found as follows:
943	943	N 32° 07' 47" W 379.77 feet to an angle point;
944	944	N 33° 01' 44" W 321.50 feet to an angle point;
945	945	N 50° 45' 25" W 315.12 feet to an angle point;
946	946	N 41° 41' 33" W 368.36 feet to an angle point;
947	947	N 17° 54' 39" W 267.13 feet to an angle point;
948	948	N 22° 26' 20" W 168.35 feet to an angle point;
949	949	N 46° 44' 55" W 100.13 feet to an angle point;
950	950	N 71° 41' 21" W 102.15 feet to an angle point;
951	951	N 81° 36' 11" W 539.79 feet to the POINT OF BEGINNING.
952	952	(b) BEGINNING: At a 5/8" iron pin set under fence in the West
953	953	line of a 673.33 Acre Tract (Document #2021159264, Official Public
954	954	Records) and the lower East line of said 3072.64 Acre Tract for the
955	955	lower Southeast corner of a 1205.00 Acre Tract (this day surveyed)
956	956	and the lower Northeast corner of this tract from which a 1/2" iron
957	957	pin found for an angle point of said 1205.00 Acre Tract bears N 20°
958	958	43' 12med" W 159.01 feet;
959	959	THENCE: Along a fence with the West line of said 673.33 Acre
960	960	Tract and the lower East line of said 3072.64 Acre Tract and of this
961	961	tract as follows:
962	962	S 20° 43' 10" E 519.72 feet to a 1/2" iron pin found for an
963	963	angle point;
964	964	S 12° 01' 50" E 291.83 feet to a 5/8" iron pin found for an
965	965	interior corner of said 673.33 Acre Tract, an exterior corner of
966	966	said 3072.64 Acre Tract, and the upper Southeast corner of this
967	967	tract;
968	968	THENCE: Along a fence with the North line of Survey No. 20,
969	969	the lower North line of said 673.33 Acre Tract, and the North line
970	970	of a 30-foot Nature Trail of Spear's Ranch on Salado Creek Section
971	971	One (Cabinet T, Slides 209 thru 223, Plat Records), and the South
972	972	line of Survey No. 21, and a South line of this tract as follows:
973	973	S 69° 56' 54" W 252.66 feet to a 1/2" iron pin found by 3" pipe
974	974	post for the lower Northwest corner of said 673.33 Acre Tract, the
975	975	Northeast corner of said nature trail, and an angle point of this
976	976	tract;
977	977	S 69° 04' 11" W 416.61 feet to an angle point;
978	978	S 69° 08' 40" W 1831.06 feet to an angle point;
979	979	S 68° 48' 01" W 760.40 feet to an angle point;
980	980	S 67° 55' 49" W 1390.64 feet to an angle point;
981	981	S 69° 24' 50" W 1554.14 feet to a 2" pipe post found for the
982	982	Northwest corner of said nature trail, the Northeast corner of said
983	983	67.66 Acre Tract, and an interior corner of this tract;
984	984	THENCE: Along a fence with the West line of said nature trail,
985	985	the East line of said 67.66 Acre Tract, and the lower East line of
986	986	this tract as follows:
987	987	S 02° 25' 02" E 30.04 feet to a 1/2" iron pin found by 26" Live
988	988	Oak tree for an angle point;
989	989	S 26° 21' 04" E 218.30 feet to a 3/8" iron pin found for an
990	990	angle point;
991	991	S 26° 19' 50" E 456.50 feet to a 3/8" iron pin found by 16" Live
992	992	Oak tree for an angle point;
993	993	S 25° 01' 14" E 305.56 feet to an 18" Oak tree found for an
994	994	angle point;
995	995	S 21° 39' 46" E 165.35 feet to a 3/8" iron pin found for an
996	996	angle point;
997	997	S 16° 12' 10" E 339.66 feet to an 18" Cedar tree found for an
998	998	angle point;
999	999	S 14° 12' 03" E 533.49 feet to a 1/2" iron pin found by 18" Oak
1000	1000	tree for an angle point;
1001	1001	S 19° 05' 16" E 202.66 feet to a 3/8" iron pin found by 12" Live
1002	1002	Oak for an angle point;
1003	1003	S 14° 09' 26" E 650.74 feet to a 3/8" iron pin found by 4" cedar
1004	1004	post for an angle point;
1005	1005	S 15° 16' 20" E 383.91 feet to a 10" cedar post found for the
1006	1006	Northeast corner of the remainder of a 2161.001 Acre Tract
1007	1007	(Document #2000028918, Official Public Records), the Southeast
1008	1008	corner of said 67.66 Acre Tract, and the lower Southeast corner of
1009	1009	this tract;
1010	1010	THENCE: S 71° 03' 19" W 770.90 feet along a fence to a 1/2"
1011	1011	iron pin found by 10" creosote post for the Northwest corner of the
1012	1012	remainder of said 2161.001 Acre Tract, the Southwest corner of said
1013	1013	67.66 Acre Tract, and the lower Southwest corner of this tract;
1014	1014	THENCE: N 21° 37' 35" W 1396.02 feet along a fence with the
1015	1015	East line of Survey No. 13 and a 106.95 Acre Tract (Volume 2255,
1016	1016	Page 742, Official Public Records) and the West line of Survey
1017	1017	No. 20 to a 1/2" iron pin found by 8" creosote post for the
1018	1018	Northeast corner of said 106.95 Acre Tract, an angle point of said
1019	1019	67.66 Acre Tract, an exterior corner of said 3072.64 Acre Tract, and
1020	1020	an interior corner of this tract;
1021	1021	THENCE: Along a fence with the North line of said 106.95 Acre
1022	1022	Tract and a South line of said 3072.64 Acre Tract and of this tract
1023	1023	as follows:
1024	1024	S 68° 18' 48" W 1267.81 feet to a 1/2" iron pin found for an
1025	1025	angle point;
1026	1026	S 76° 37' 01" W 136.62 feet to a 40D nail found by Elm for an
1027	1027	angle point;
1028	1028	S 83° 29' 14" W 102.48 feet to a 40D nail found by Elm for an
1029	1029	angle point;
1030	1030	N 61° 35' 19" W 10.73 feet to a 6" cedar post found for an angle
1031	1031	point;
1032	1032	N 87° 05' 38" W 119.71 feet to a 1/2" iron pin found by 2" pipe
1033	1033	post for an angle point;
1034	1034	S 06° 13' 12" E 175.36 feet to a 1/2" iron pin found by 2" pipe
1035	1035	post for an angle point;
1036	1036	S 56° 36' 48" W 75.04 feet to a 1/2" iron pin found for an angle
1037	1037	point;
1038	1038	S 44° 41' 09" W 113.47 feet to a 2" pipe post found for an angle
1039	1039	point;
1040	1040	S 42° 07' 36" W 152.96 feet to a 5/8" iron pin set for the
1041	1041	Northwest corner of said 106.95 Acre Tract and an exterior corner of
1042	1042	said 3072.64 Acre Tract and of this tract;
1043	1043	THENCE: Along a fence with the East line of County Road 232
1044	1044	and a West line of said 3072.64 Acre Tract and of this tract as
1045	1045	follows:
1046	1046	N 19° 17' 35" E 134.40 feet to an angle point;
1047	1047	N 24° 00' 25" W 138.58 feet to an angle point;
1048	1048	N 38° 19' 18" W 658.87 feet to a 1/2" iron pin found by 2" pipe
1049	1049	post for an angle point;
1050	1050	N 39° 31' 29" W 250.06 feet, at 51.76 feet pass the South
1051	1051	terminus of a 50-foot Road Easement (this day surveyed), continuing
1052	1052	to an angle point;
1053	1053	N 44° 04' 25" W 261.31 feet to an angle point;
1054	1054	N 44° 10' 37" W 593.32 feet to a 2" pipe post found for an angle
1055	1055	point;
1056	1056	N 14° 32' 04" W 211.93 feet to an angle point;
1057	1057	N 04° 30' 47" W 470.65 feet to a 1/2" iron pin found in the
1058	1058	South line of a 195.5 Acre Tract (Volume 2458, Page 859, Deed
1059	1059	Records) and an exterior corner of said 3072.64 Acre Tract and of
1060	1060	this tract;
1061	1061	THENCE: N 68° 15' 37" E 2341.32 feet along a fence to a 10"
1062	1062	cedar post found for the Southeast corner of said 195.5 Acre Tract
1063	1063	and an interior corner of said 3072.64 Acre Tract and of this tract;
1064	1064	THENCE: N 20° 44' 59" W 702.86 feet along a fence with the
1065	1065	East line of Survey No. 13 and said 195.5 Acre Tract and the West
1066	1066	line of Survey No. 21 and said 3072.64 Acre Tract to a 5/8" iron pin
1067	1067	set for an exterior corner of a 1419.57 Acre Tract (this day
1068	1068	surveyed) and the lower Northwest corner of this tract;
1069	1069	THENCE: Crossing said 3072.64 Acre Tract with the North line
1070	1070	of this tract as follows:
1071	1071	N 68° 57' 28" E 1870.94 feet to a 5/8" iron pin set for the
1072	1072	lower Southeast corner of said 1419.57 Acre Tract and an interior
1073	1073	corner of this tract;
1074	1074	N 21° 02' 32" W 2598.17 feet with the lower East line of said
1075	1075	1419.57 Acre Tract to a 5/8" iron pin set for an angle point of said
1076	1076	1205.00 Acre Tract and the upper Northwest corner of this tract;
1077	1077	Continuing with the North line of this tract and the South
1078	1078	line of said 1205.00 Acre Tract as follows:
1079	1079	S 64° 48' 25" E 1376.79 feet, at 618.20 feet pass the North
1080	1080	terminus of said road easement, continuing to a 5/8" iron pin set
1081	1081	for an angle point;
1082	1082	N 72° 00' 34" E 2659.37 feet to a 5/8" iron pin set for an
1083	1083	interior corner of said 1205.00 Acre Tract and the upper Northeast
1084	1084	corner of this tract;
1085	1085	S 20° 22' 11" E 1911.75 feet to a 5/8" iron pin set for the
1086	1086	Southwest corner of said 1205.00 Acre Tract and an interior corner
1087	1087	of this tract;
1088	1088	N 67° 49' 03" E 1727.05 feet to the POINT OF BEGINNING.
1089	1089	(c) BEGINNING: At a 1/2" iron pin found in the West line of
1090	1090	County Road 232 and the South line of a 195.5 Acre Tract (Volume
1091	1091	2458, Page 859, Deed Records) for the Northeast corner of this tract
1092	1092	from which a 1/2" iron pin found in the East line of said county road
1093	1093	for an exterior corner of a 514.30 Acre Tract (this day surveyed)
1094	1094	bears N 68° 50' 18" E 54.24 feet;
1095	1095	THENCE: With the West line of said road and the East line of
1096	1096	this tract passing 1/2" iron pins found as follows:
1097	1097	S 04° 49' 16" E 455.90 feet to an angle point;
1098	1098	S 14° 52' 48" E 238.88 feet to an angle point;
1099	1099	S 44° 15' 55" E 602.34 feet to an angle point;
1100	1100	S 44° 13' 37" E 256.82 feet to an angle point;
1101	1101	S 39° 27' 01" E 248.02 feet to an angle point;
1102	1102	S 38° 18' 33" E 658.46 feet to an angle point;
1103	1103	S 24° 31' 17" E 109.18 feet to a 1/2" iron pin found for the
1104	1104	Southeast corner of this tract;
1105	1105	THENCE: With the North line of said county road and the South
1106	1106	line of this tract as follows:
1107	1107	S 18° 59' 07" W 95.53 feet to a 5/8" iron pin set for an angle
1108	1108	point;
1109	1109	S 44° 19' 36" W 271.53 feet to a 5/8" iron pin set for an angle
1110	1110	point;
1111	1111	S 43° 01' 41" W 369.83 feet to a 1/2" iron pin found for an
1112	1112	angle point;
1113	1113	S 42° 33' 02" W 219.62 feet to a 1/2" iron pin found for an
1114	1114	angle point;
1115	1115	S 04° 07' 18" W 76.42 feet to a 5/8" iron pin set for an angle
1116	1116	point;
1117	1117	S 37° 56' 47" W 139.57 feet, at 79.09 feet pass a found 2" pipe
1118	1118	post, continuing to the Southwest corner of this tract;
1119	1119	THENCE: Along the center of North Salado Creek with the East
1120	1120	line of a 12.00 Acre Tract (Document #2020075231, Official Public
1121	1121	Records) and a 124.74 Acre Tract (Document #2016095553, Official
1122	1122	Public Records) and the West line of this tract as follows:
1123	1123	N 41° 03' 59" W 131.42 feet to an angle point;
1124	1124	N 11° 53' 19" W 40.63 feet to an angle point;
1125	1125	N 76° 36' 27" W 45.17 feet to an angle point;
1126	1126	N 30° 48' 05" W 126.68 feet to an angle point;
1127	1127	N 78° 57' 33" W 87.41 feet to an angle point;
1128	1128	N 12° 44' 59" E 79.02 feet to an angle point;
1129	1129	N 11° 00' 13" W 73.47 feet to an angle point;
1130	1130	S 88° 36' 10" W 82.16 feet to an angle point;
1131	1131	N 66° 02' 15" W 98.65 feet to an angle point;
1132	1132	N 06° 27' 32" W 106.86 feet to an angle point;
1133	1133	N 30° 17' 17" E 145.33 feet to an angle point;
1134	1134	N 03° 28' 06" W 75.42 feet to an angle point;
1135	1135	N 37° 44' 59" W 146.89 feet to an angle point;
1136	1136	N 63° 26' 06" W 145.44 feet to an angle point;
1137	1137	N 38° 31' 49" W 136.06 feet to an angle point;
1138	1138	N 12° 39' 09" W 86.38 feet to an angle point;
1139	1139	N 04° 05' 08" W 70.68 feet to an angle point;
1140	1140	S 86° 18' 31" W 52.15 feet to an angle point;
1141	1141	N 76° 52' 51" W 106.01 feet to an angle point;
1142	1142	N 12° 38' 00" W 83.15 feet to an angle point;
1143	1143	N 23° 29' 55" W 105.25 feet to an angle point;
1144	1144	N 10° 37' 11" E 136.64 feet to an angle point;
1145	1145	N 04° 47' 52" W 86.56 feet to an angle point;
1146	1146	N 34° 45' 21" W 139.44 feet to an angle point;
1147	1147	N 06° 54' 40" W 77.72 feet to an angle point;
1148	1148	N 17° 40' 47" E 51.12 feet to an angle point;
1149	1149	N 52° 40' 44" E 193.31 feet to an angle point;
1150	1150	N 18° 45' 31" E 85.20 feet to an angle point;
1151	1151	N 23° 41' 26" W 105.23 feet to an angle point;
1152	1152	N 86° 35' 59" W 152.93 feet to an angle point;
1153	1153	N 60° 31' 27" W 77.06 feet to an angle point;
1154	1154	N 30° 15' 23" W 81.04 feet to an angle point;
1155	1155	N 67° 37' 12" W 107.25 feet to an angle point;
1156	1156	S 79° 56' 22" W 183.67 feet to an angle point;
1157	1157	N 73° 48' 39" W 94.15 feet to an angle point;
1158	1158	S 88° 10' 54" W 91.93 feet to an angle point;
1159	1159	N 53° 44' 46" W 180.85 feet to an angle point;
1160	1160	N 74° 50' 45" W 120.88 feet to an angle point;
1161	1161	N 39° 12' 26" W 60.40 feet to the Southwest corner of said
1162	1162	195.5 Acre Tract and the Northwest corner of this tract;
1163	1163	THENCE: N 68° 20' 39" E 1386.29 feet with the South line of
1164	1164	said 195.5 Acre Tract, at 19.37 feet pass a found 12" Pecan stump,
1165	1165	continuing along a fence to the POINT OF BEGINNING.
1166	1166	(d) BEGINNING: At a 2" pipe post found in the South line of
1167	1167	County Road 232 and the lower East line of a 649.53 Acre Tract
1168	1168	(Document # #2004074055, Official Public Records, described in
1169	1169	Volume 2520, Page 200 and Volume 2598, Page 457, Official Public
1170	1170	Records) for the Northwest corner of this tract from which a 2" pipe
1171	1171	post found in the North line of said county road for the upper
1172	1172	Southwest corner of a 1419.57 Acre Tract (this day surveyed) bears N
1173	1173	00° 18' 48" E 56.15 feet;
1174	1174	THENCE: Along a fence with the South and West line of said
1175	1175	county road and the North and East line of this tract as follows:
1176	1176	S 83° 15' 32" E 491.41 feet to a 6" cedar post found for an
1177	1177	angle point;
1178	1178	S 71° 41' 57" E 76.53 feet to a 6" cedar post found for an angle
1179	1179	point;
1180	1180	S 48° 56' 34" E 139.44 feet to a 6" cedar post found for an
1181	1181	angle point;
1182	1182	S 19° 57' 48" E 414.71 feet to a 5" cedar post found for an
1183	1183	angle point;
1184	1184	S 41° 43' 21" E 317.47 feet to a 5" cedar post found for an
1185	1185	angle point;
1186	1186	S 49° 16' 01" E 370.58 feet to a 6" cedar post found for an
1187	1187	angle point;
1188	1188	S 32° 42' 02" E 683.73 feet to a 2" pipe post found for the
1189	1189	Southeast corner of this tract;
1190	1190	THENCE: S 68° 22' 29" W 1256.52 feet along a fence with the
1191	1191	North line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458,
1192	1192	Page 859, Deed Records) and the South line of Abstract No. 358, at
1193	1193	1209.80 feet pass a 1/2" iron pin found by 14" Elm, continuing
1194	1194	without fence to the Northwest corner of said 195.5 Acre Tract and
1195	1195	the lower Southwest corner of this tract;
1196	1196	THENCE: Along the center of North Salado Creek with the North
1197	1197	line of a 61.80 Acre Tract (Document #2010063430, Official Public
1198	1198	Records) and the South line of this tract as follows:
1199	1199	N 02° 31' 01" W 103.87 feet to an angle point;
1200	1200	N 52° 32' 58" W 74.50 feet to an angle point;
1201	1201	N 84° 29' 40" W 104.92 feet to an angle point;
1202	1202	S 85° 34' 16" W 152.08 feet to an angle point;
1203	1203	N 80° 01' 20" W 218.89 feet to the lower Southeast corner of
1204	1204	said 649.53 Acre Tract and the Southwest corner of this tract;
1205	1205	THENCE: With the lower East line of said 649.53 Acre Tract
1206	1206	and the West line of this tract as follows:
1207	1207	N 04° 31' 03" E 649.14 feet, at 72.82 feet pass a found 2" pipe
1208	1208	post, continuing along a fence to a 12" cedar post found for an
1209	1209	angle point;
1210	1210	N 02° 28' 22" E 641.86 feet along a fence to a 2" pipe post
1211	1211	found for an angle point;
1212	1212	N 04° 10' 33" W 608.21 feet along a fence to the POINT OF
1213	1213	BEGINNING.
1214	1214	(c) If the Act enacting this section does not receive a
1215	1215	two-thirds vote of all the members elected to each house,
1216	1216	Subchapter C, Chapter 7962, Special District Local Laws Code, as
1217	1217	added by Subsection (a) of this section, is amended by adding
1218	1218	Section 7962.0308 to read as follows:
1219	1219	Sec. 7962.0308. NO EMINENT DOMAIN POWER. The district may
1220	1220	not exercise the power of eminent domain.
1221	1221	(d) Subsection (c) of this section is not intended to be an
1222	1222	expression of a legislative interpretation of the requirements of
1223	1223	Section 17(c), Article I, Texas Constitution.
1224	1224	SECTION 6. (a) Subtitle F, Title 6, Special District Local
1225	1225	Laws Code, is amended by adding Chapter 8010A to read as follows:
1226	1226	CHAPTER 8010A. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 49
1227	1227	SUBCHAPTER A. GENERAL PROVISIONS
1228	1228	Sec. 8010A.0101. DEFINITIONS. In this chapter:
1229	1229	(1) "Board" means the district's board of directors.
1230	1230	(2) "Commission" means the Texas Commission on
1231	1231	Environmental Quality.
1232	1232	(3) "Director" means a board member.
1233	1233	(4) "District" means the Williamson County Municipal
1234	1234	Utility District No. 49.
1235	1235	Sec. 8010A.0102. NATURE OF DISTRICT. The district is a
1236	1236	municipal utility district created under Section 59, Article XVI,
1237	1237	Texas Constitution.
1238	1238	Sec. 8010A.0103. CONFIRMATION AND DIRECTOR ELECTION
1239	1239	REQUIRED. The temporary directors shall hold an election to
1240	1240	confirm the creation of the district and to elect five permanent
1241	1241	directors as provided by Section 49.102, Water Code.
1242	1242	Sec. 8010A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
1243	1243	temporary directors may not hold an election under Section
1244	1244	8010A.0103 until each municipality in whose corporate limits or
1245	1245	extraterritorial jurisdiction the district is located has
1246	1246	consented by ordinance or resolution to the creation of the
1247	1247	district and to the inclusion of land in the district as required by
1248	1248	applicable law.
1249	1249	Sec. 8010A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
1250	1250	(a) The district is created to serve a public purpose and benefit.
1251	1251	(b) The district is created to accomplish the purposes of:
1252	1252	(1) a municipal utility district as provided by
1253	1253	general law and Section 59, Article XVI, Texas Constitution; and
1254	1254	(2) Section 52, Article III, Texas Constitution, that
1255	1255	relate to the construction, acquisition, improvement, operation,
1256	1256	or maintenance of macadamized, graveled, or paved roads, or
1257	1257	improvements, including storm drainage, in aid of those roads.
1258	1258	Sec. 8010A.0106. INITIAL DISTRICT TERRITORY. (a) The
1259	1259	district is initially composed of the territory described by
1260	1260	Section 6(b) of the Act enacting this chapter.
1261	1261	(b) The boundaries and field notes contained in Section 6(b)
1262	1262	of the Act enacting this chapter form a closure. A mistake made in
1263	1263	the field notes or in copying the field notes in the legislative
1264	1264	process does not affect the district's:
1265	1265	(1) organization, existence, or validity;
1266	1266	(2) right to issue any type of bond for the purposes
1267	1267	for which the district is created or to pay the principal of and
1268	1268	interest on a bond;
1269	1269	(3) right to impose a tax; or
1270	1270	(4) legality or operation.
1271	1271	SUBCHAPTER B. BOARD OF DIRECTORS
1272	1272	Sec. 8010A.0201. GOVERNING BODY; TERMS. (a) The district
1273	1273	is governed by a board of five elected directors.
1274	1274	(b) Except as provided by Section 8010A.0202, directors
1275	1275	serve staggered four-year terms.
1276	1276	Sec. 8010A.0202. TEMPORARY DIRECTORS. (a) The temporary
1277	1277	board consists of:
1278	1278	(1) Mark Tickner;
1279	1279	(2) Nick Easley;
1280	1280	(3) Walter Duke;
1281	1281	(4) Zachary Summers; and
1282	1282	(5) Noah Terrazas.
1283	1283	(b) Temporary directors serve until the earlier of:
1284	1284	(1) the date permanent directors are elected under
1285	1285	Section 8010A.0103; or
1286	1286	(2) the fourth anniversary of the effective date of
1287	1287	the Act enacting this chapter.
1288	1288	(c) If permanent directors have not been elected under
1289	1289	Section 8010A.0103 and the terms of the temporary directors have
1290	1290	expired, successor temporary directors shall be appointed or
1291	1291	reappointed as provided by Subsection (d) to serve terms that
1292	1292	expire on the earlier of:
1293	1293	(1) the date permanent directors are elected under
1294	1294	Section 8010A.0103; or
1295	1295	(2) the fourth anniversary of the date of the
1296	1296	appointment or reappointment.
1297	1297	(d) If Subsection (c) applies, the owner or owners of a
1298	1298	majority of the assessed value of the real property in the district
1299	1299	may submit a petition to the commission requesting that the
1300	1300	commission appoint as successor temporary directors the five
1301	1301	persons named in the petition. The commission shall appoint as
1302	1302	successor temporary directors the five persons named in the
1303	1303	petition.
1304	1304	SUBCHAPTER C. POWERS AND DUTIES
1305	1305	Sec. 8010A.0301. GENERAL POWERS AND DUTIES. The district
1306	1306	has the powers and duties necessary to accomplish the purposes for
1307	1307	which the district is created.
1308	1308	Sec. 8010A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
1309	1309	DUTIES. The district has the powers and duties provided by the
1310	1310	general law of this state, including Chapters 49 and 54, Water Code,
1311	1311	applicable to municipal utility districts created under Section 59,
1312	1312	Article XVI, Texas Constitution.
1313	1313	Sec. 8010A.0303. AUTHORITY FOR ROAD PROJECTS. Under
1314	1314	Section 52, Article III, Texas Constitution, the district may
1315	1315	design, acquire, construct, finance, issue bonds for, improve,
1316	1316	operate, maintain, and convey to this state, a county, or a
1317	1317	municipality for operation and maintenance macadamized, graveled,
1318	1318	or paved roads, or improvements, including storm drainage, in aid
1319	1319	of those roads.
1320	1320	Sec. 8010A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
1321	1321	road project must meet all applicable construction standards,
1322	1322	zoning and subdivision requirements, and regulations of each
1323	1323	municipality in whose corporate limits or extraterritorial
1324	1324	jurisdiction the road project is located.
1325	1325	(b) If a road project is not located in the corporate limits
1326	1326	or extraterritorial jurisdiction of a municipality, the road
1327	1327	project must meet all applicable construction standards,
1328	1328	subdivision requirements, and regulations of each county in which
1329	1329	the road project is located.
1330	1330	(c) If the state will maintain and operate the road, the
1331	1331	Texas Transportation Commission must approve the plans and
1332	1332	specifications of the road project.
1333	1333	Sec. 8010A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
1334	1334	ORDINANCE OR RESOLUTION. The district shall comply with all
1335	1335	applicable requirements of any ordinance or resolution that is
1336	1336	adopted under Section 54.016 or 54.0165, Water Code, and that
1337	1337	consents to the creation of the district or to the inclusion of land
1338	1338	in the district.
1339	1339	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1340	1340	Sec. 8010A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
1341	1341	The district may issue, without an election, bonds and other
1342	1342	obligations secured by:
1343	1343	(1) revenue other than ad valorem taxes; or
1344	1344	(2) contract payments described by Section
1345	1345	8010A.0403.
1346	1346	(b) The district must hold an election in the manner
1347	1347	provided by Chapters 49 and 54, Water Code, to obtain voter approval
1348	1348	before the district may impose an ad valorem tax or issue bonds
1349	1349	payable from ad valorem taxes.
1350	1350	(c) The district may not issue bonds payable from ad valorem
1351	1351	taxes to finance a road project unless the issuance is approved by a
1352	1352	vote of a two-thirds majority of the district voters voting at an
1353	1353	election held for that purpose.
1354	1354	Sec. 8010A.0402. OPERATION AND MAINTENANCE TAX. (a) If
1355	1355	authorized at an election held under Section 8010A.0401, the
1356	1356	district may impose an operation and maintenance tax on taxable
1357	1357	property in the district in accordance with Section 49.107, Water
1358	1358	Code.
1359	1359	(b) The board shall determine the tax rate. The rate may not
1360	1360	exceed the rate approved at the election.
1361	1361	Sec. 8010A.0403. CONTRACT TAXES. (a) In accordance with
1362	1362	Section 49.108, Water Code, the district may impose a tax other than
1363	1363	an operation and maintenance tax and use the revenue derived from
1364	1364	the tax to make payments under a contract after the provisions of
1365	1365	the contract have been approved by a majority of the district voters
1366	1366	voting at an election held for that purpose.
1367	1367	(b) A contract approved by the district voters may contain a
1368	1368	provision stating that the contract may be modified or amended by
1369	1369	the board without further voter approval.
1370	1370	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
1371	1371	Sec. 8010A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
1372	1372	OBLIGATIONS. The district may issue bonds or other obligations
1373	1373	payable wholly or partly from ad valorem taxes, impact fees,
1374	1374	revenue, contract payments, grants, or other district money, or any
1375	1375	combination of those sources, to pay for any authorized district
1376	1376	purpose.
1377	1377	Sec. 8010A.0502. TAXES FOR BONDS. At the time the district
1378	1378	issues bonds payable wholly or partly from ad valorem taxes, the
1379	1379	board shall provide for the annual imposition of a continuing
1380	1380	direct ad valorem tax, without limit as to rate or amount, while all
1381	1381	or part of the bonds are outstanding as required and in the manner
1382	1382	provided by Sections 54.601 and 54.602, Water Code.
1383	1383	Sec. 8010A.0503. BONDS FOR ROAD PROJECTS. At the time of
1384	1384	issuance, the total principal amount of bonds or other obligations
1385	1385	issued or incurred to finance road projects and payable from ad
1386	1386	valorem taxes may not exceed one-fourth of the assessed value of the
1387	1387	real property in the district.
1388	1388	(b) The Williamson County Municipal Utility District No. 49
1389	1389	initially includes all the territory contained in the following
1390	1390	area:
1391	1391	TRACT 1:
1392	1392	A 59.891 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
1393	1393	SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY,
1394	1394	TEXAS, BEING OUT OF A CALLED 60.57 ACRE TRACT CONVEYED TO LETTS
1395	1395	FAMILY TRUST BY INSTRUMENT RECORDED IN VOLUME 528, PAGE 376 OF THE
1396	1396	DEED RECORDS OF WILLIAMSON COUNTY, TEXAS A 59.891 ACRE TRACT OF LAND
1397	1397	SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23, ABSTRACT NO.
1398	1398	172, IN WILLIAMSON COUNTY, TEXAS, BEING OUT OF A CALLED 60.57 ACRE
1399	1399	TRACT CONVEYED TO LETTS FAMILY TRUST BY INSTRUMENT RECORDED IN
1400	1400	VOLUME 528, PAGE 376 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
1401	1401	TEXAS. SAID 59.891 ACRE TRACT BEING MORE FULLY DESCRIBED AS
1402	1402	FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM
1403	1403	ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF
1404	1404	1983 NAD 83 (NA2011) EPOCH 2010.00.:
1405	1405	BEGINNING at a 1/2" iron rod found in the west right-of-way
1406	1406	line of County Road 308, said point being the northeast corner of
1407	1407	said 60.57-acre tract, for the northeast corner and POINT OF
1408	1408	BEGINNING hereof;
1409	1409	THENCE S 20°52'36" E, with the west right-of-way line of said
1410	1410	County Road 308, same being the east boundary line of said
1411	1411	60.57-acre tract, a distance of 2045.72 feet to a 1/2" iron rod with
1412	1412	yellow cap marked "Pape-Dawson" set in the north right-of-way line
1413	1413	of County Road 305, same being the north boundary line of a called
1414	1414	0.5039 acre tract of land conveyed to Williamson County, Texas by
1415	1415	instrument recorded in Document No. 9820041 of the Official Public
1416	1416	Records of said County, for the southeast corner hereof;
1417	1417	THENCE S 68°212'37" W, with the north boundary line of said
1418	1418	0.5039-acre tract, same being the north right-of-way line of said
1419	1419	County Road 305, through the interior of said 60.57-acre tract, a
1420	1420	distance of 1258.78 feet to a 1/2" iron rod found on a point in the
1421	1421	east boundary line of a called 3.92-acre tract of land conveyed to
1422	1422	Gary R. Sheley and Rosita R. Sheley, by instrument recorded in
1423	1423	Document No. 2009090657 of said Official Public Records, same being
1424	1424	the west boundary line of said 60.57-acre tract, for the southwest
1425	1425	corner hereof;
1426	1426	THENCE N 21°39'56" W, departing the north right-of-way line of
1427	1427	said County Road 305, with, in part, the east boundary lines of:
1428	1428	said 3.92-acre tract, a called 10.00-acre tract of land conveyed to
1429	1429	Dudley K. Bukowsky and Tami Bukowsky by instrument recorded in
1430	1430	Document No. 2008016420 of said Official Public Records, Lot 5,
1431	1431	Bukowsky Subdivision, recorded in Document No. 2019064044 of said
1432	1432	Official Public Records, a called 10.51-acre tract of land conveyed
1433	1433	to Kerry Conaway, Jr., by instrument recorded in Document
1434	1434	No. 2006005509 of said Official Public Records and a called
1435	1435	10.51-acre tract of land conveyed to Darral Henderson and Elaine
1436	1436	Henderson by instrument recorded in Document No. 2006032860 of said
1437	1437	Official Public Records, a distance of 2053.57 feet to a 1/2" iron
1438	1438	rod with yellow cap marked "Pape-Dawson" set, for the southwest
1439	1439	corner of a called 60.99-acre tract of land conveyed to Wayne E.
1440	1440	Cavalier and Cyndi Pietan Cavalier, by instrument recorded in
1441	1441	Document No. 2012099245 of said Official Public Records, for the
1442	1442	northwest corner hereof;
1443	1443	THENCE N 68°48'58" E, with the south boundary line of said
1444	1444	60.99-acre tract, same being the north boundary line of said
1445	1445	60.57-acre tract, a distance of 1286.98 feet to the POINT OF
1446	1446	BEGINNING and containing 59.891 acres of land in Williamson County,
1447	1447	Texas. Said tract being described in accordance with a survey
1448	1448	prepared by Pape Dawson Engineers, Inc. under Job No. 51303-00.
1449	1449	TRACT 2:
1450	1450	A 110.720 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
1451	1451	SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY,
1452	1452	TEXAS. BEING ALL OF A CALLED 113 ACRE TRACT CONVEYED TO LETTS FAMILY
1453	1453	TRUST BY INSTRUMENT RECORDED IN VOLUME 486, PAGE 442 OF THE DEED
1454	1454	RECORDS OF WILLIAMSON COUNTY, TEXAS, A 110.720 ACRE TRACT OF LAND
1455	1455	SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23, ABSTRACT NO.
1456	1456	172, IN WILLIAMSON COUNTY, TEXAS. BEING ALL OF A CALLED 113 ACRE
1457	1457	TRACT CONVEYED TO LETTS FAMILY TRUST BY INSTRUMENT RECORDED IN
1458	1458	VOLUME 486, PAGE 442 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
1459	1459	TEXAS, SAID 110.720 ACRE TRACT BEING MORE FULLY DESCRIBED AS
1460	1460	FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM
1461	1461	ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF
1462	1462	1983 NAD 83 (NA2011) EPOCH 2010.00.:
1463	1463	BEGINNING at a 1/2" iron rod with yellow cap marked
1464	1464	"Pape-Dawson" set in the east right-of-way line of County Road 308,
1465	1465	said point being the northwest corner of a called 169.5 acre tract
1466	1466	of land conveyed to R.D. Hopper and Margaret Hopper Letts by
1467	1467	instrument recorded in Volume 478, Page 349 of said Deed Records,
1468	1468	same being the southwest corner of said 113 acre tract, for the
1469	1469	southeast corner and POINT OF BEGINNING hereof;
1470	1470	THENCE N 21°22'58" W, with the east right-of-way line of said
1471	1471	County Road 308, same being the west boundary line of said 113-acre
1472	1472	tract, a distance of 2048.33 feet to a 5/8" iron rod found for the
1473	1473	southwest corner of a called 17.0 acre tract of land conveyed to
1474	1474	Gertrude Ann Braband by instrument recorded in Document
1475	1475	No. 2016033164 of the Official Public Records of said County, same
1476	1476	being the northwest corner of said 113-acre tract, for the
1477	1477	northwest corner hereof;
1478	1478	THENCE N 69°02'46" E, departing the east right-of-way line of
1479	1479	said County Road 308, with the south boundary line of said 17.0 acre
1480	1480	tract, same being the north boundary line of said 113 acre tract,
1481	1481	for a distance of 1268.96 feet to a 5/8" iron rod found for the
1482	1482	southeast corner of said 17.0 acre tract, same being an interior ell
1483	1483	corner in said 113 acre tract, for an ell corner hereof;
1484	1484	THENCE N 21°00'19" W, with the east boundary line of said 17.0
1485	1485	acre tract, same being a west boundary line of said 113 acre tract,
1486	1486	a distance of 582.80 feet to a 1/2" iron rod found for the southwest
1487	1487	corner of a called 64.797 acre tract of land conveyed to Jose G.
1488	1488	Garcia, by instrument recorded in Document No. 2017005987 of said
1489	1489	Official Public records, same being the southeast corner of called
1490	1490	10.789 acre tract of land conveyed to the Belinda Ramsey Living
1491	1491	Trust, by instrument recorded in Document No. 2019022035 of said
1492	1492	Official Public Records, same being the northeast corner of said
1493	1493	17.0 acre tract, also being the northernmost northwest corner of
1494	1494	said 113 acre tract, for the northernmost northwest hereof;
1495	1495	THENCE N 68°21'45" E, with the south boundary line of said
1496	1496	64.797 acre tract, same being the north boundary line of said 113
1497	1497	acre tract, a distance of 993.87 feet to a 1/2" iron rod found being
1498	1498	the northwest corner of a called 177.5 acre tract of land conveyed
1499	1499	to Charles D. Tonn and Ronald D. Tonn by instrument recorded in
1500	1500	Document No. 9601061 of said Official Public Records, same being
1501	1501	the north east corner of said 113-acre tract, for the northeast
1502	1502	corner hereof:
1503	1503	THENCE S 21°08'10" E, departing the south boundary line of
1504	1504	said 64.797 acre tract, with the west boundary line of said 177.5
1505	1505	acre tract, same being the east boundary line of said 113 acre
1506	1506	tract, a distance of 2244.92 feet to a 1/2" iron rod with yellow cap
1507	1507	marked "Pape-Dawson" set in the north boundary line of said 169.5
1508	1508	acre tract, said point being the southwest corner of said 177.5 acre
1509	1509	tract, same being the southeast corner of said 113 acre tract, for
1510	1510	the southeast corner hereof;
1511	1511	THENCE with the north boundary line of said 169.5 acre tract,
1512	1512	same being the south boundary line of said 113 acre tract, the
1513	1513	following three (3) courses and distances:
1514	1514	1. S 68°41'10" W, a distance of 982.01 feet to a 1/2" iron rod
1515	1515	with yellow cap marked "Pape-Dawson" set for an angle point hereof,
1516	1516	2. S 21°25'27" E, a distance of 386.24 feet to a 1/2" iron rod
1517	1517	with yellow cap marked "Pape-Dawson" set for an angle point hereof,
1518	1518	and
1519	1519	3. S 68°47'37" W, a distance of 1275.22 feet to the POINT OF
1520	1520	BEGINNING and containing 110.720 acres of land in Williamson
1521	1521	County, Texas. Said tract being described in accordance with a
1522	1522	survey prepared by Pape Dawson Engineers, Inc. under Job
1523	1523	No. 51303-00.
1524	1524	TRACT 3:
1525	1525	A 172.890 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
1526	1526	SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY, TEXAS,
1527	1527	BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO R.D. HOPPER AND
1528	1528	MARGARET HOPPER LETT BY A 172.890 ACRE TRACT OF LAND SITUATED IN THE
1529	1529	ELISHA DAVIS SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON
1530	1530	COUNTY, TEXAS. BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO
1531	1531	R.D. HOPPER AND MARGARET HOPPER LETT BY INSTRUMENT RECORDED IN
1532	1532	VOLUME 478, PAGE 349 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
1533	1533	TEXAS. SAID 172.890 ACRE TRACT BEING MORE FULLY DESCRIBED AS
1534	1534	FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM
1535	1535	ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF
1536	1536	1983 NAD 83 (NA2011) EPOCH 2010.00.:
1537	1537	COMMENCING at a 60D nail found in the north right-of-way line
1538	1538	of County Road 305, same being the southeast corner of a called 0.58
1539	1539	acre tract of land conveyed to Dewey Roger Blackman by instrument
1540	1540	recorded in Volume 742, Page 777 of said Deed Records, also being
1541	1541	the southwest corner of a called 47.5 acre tract recorded in Volume
1542	1542	734, Page 931 of said Deed Records;
1543	1543	THENCE S 68°58'06" W, departing the west boundary line of said
1544	1544	47.5 acre tract, with the north right-of-way line of said County
1545	1545	Road 305, same being the south boundary line of said 0.58 acre
1546	1546	tract, a distance of 110.09 feet to a 1/2" iron rod with yellow cap
1547	1547	marked "Pape-Dawson" set on the southwest corner of said 0.58 acre
1548	1548	tract, same being the southeast corner of said 169.5 acre tract, for
1549	1549	the southeast corner and POINT OF BEGINNING hereof;
1550	1550	THENCE S 68°58'06" W, continuing with the north right-of-way
1551	1551	line of said County Road 305, and in part, crossing through the
1552	1552	right-of-way of County Road 308, same being the south boundary line
1553	1553	of said 169.5-acre tract, a distance of 3188.95 feet to an 1/2" iron
1554	1554	rod with yellow cap marked "Pape-Dawson" set for the southwest
1555	1555	corner hereof;
1556	1556	THENCE N 21°05'48" W, with the west boundary line of said
1557	1557	169.5-acre tract, and in part, crossing through the right-of-way of
1558	1558	said County Road 308, a distance of 2071.04 feet to a 1/2" iron rod
1559	1559	with yellow cap marked "Pape-Dawson" set, being the southwest
1560	1560	corner of a called 113 acre tract of land conveyed to the Letts
1561	1561	Family Trust, by instrument recorded in Volume 486, Page 442 of said
1562	1562	deed records, same being the northwest corner of said 169.5-acre
1563	1563	tract, for the northwest corner hereof, from which a 5/8" iron rod
1564	1564	found for the northwest corner of said 113 acre tract bears N
1565	1565	21°22'58" W, 2048.33 feet;
1566	1566	THENCE departing the east right-of-way line of said County
1567	1567	Road 308, with, in part, the south boundary line of said 113-acre
1568	1568	tract and, in part, the south boundary line of a called 177.5 acre
1569	1569	tract of land conveyed to Charles D. Tonn and Ronald D. Tonn by
1570	1570	instrument recorded in Document No. 9601061 of the Official Public
1571	1571	Records of said County, same being the north boundary line of said
1572	1572	169.5-acre tract, the following three (3) courses and distances:
1573	1573	1. N 68°47'37" E, a distance of 1275.22 feet to a 1/2" iron
1574	1574	rod with yellow cap marked "Pape-Dawson" set for an angle point
1575	1575	hereof,
1576	1576	2. N 21°25'27" W, a distance of 386.24 feet to a 1/2" iron rod
1577	1577	with yellow cap marked "Pape-Dawson" set for an angle point hereof,
1578	1578	and
1579	1579	3. N 68°41'10" E, a distance of 2332.32 feet to a 1/2" iron
1580	1580	rod with yellow cap marked "Pape-Dawson" set being the northeast
1581	1581	corner of said 169.5-acre tract, for the northeast corner hereof;
1582	1582	THENCE S 22°06'37" E, with the south boundary line of said
1583	1583	177.5-acre tract, same being the east boundary line of said
1584	1584	169.5-acre tract, a distance of 392.10 feet to a 1/2" iron rod with
1585	1585	yellow cap marked "Pape-Dawson" set in the north boundary line of a
1586	1586	called 50-acre tract of land conveyed to Cheryl A. Chamberlain, by
1587	1587	instrument recorded in Document No. 2013019239 of the Official
1588	1588	Public Records of said County, same being an angle point in the east
1589	1589	boundary line of said 169.5-acre tract, for an angle point hereof;
1590	1590	THENCE S 68°53'39" W, with the north boundary line of said
1591	1591	50-acre tract, same being the east boundary line of said 169.5-acre
1592	1592	tract, a distance of 419.61 feet to a 1/2" iron rod with yellow cap
1593	1593	marked "Pape-Dawson" set, being the northwest corner of said
1594	1594	50-acre tract, same being an angle point in the east boundary line
1595	1595	of said 169.5-acre tract, for an angle point hereof;
1596	1596	THENCE S 20°59'42" E, with, in part, the west boundary line of
1597	1597	said 50-acre tract and, in part, the west boundary line of a called
1598	1598	47.5 acre tract of land conveyed to D.C. Blackman, by instrument
1599	1599	recorded in Volume 734, Page 931 of said Deed Records and, in part,
1600	1600	the west boundary line of the aforementioned 0.58-acre tract, same
1601	1601	being the east boundary line of said 169.5-acre tract, a distance of
1602	1602	2080.08 feet to the POINT OF BEGINNING and containing 172.890 acres
1603	1603	of land in Williamson County, Texas. Said tract being described in
1604	1604	accordance with a survey prepared by Pape Dawson Engineers, Inc.
1605	1605	under Job No. 51303-00.
1606	1606	(c) If the Act enacting this section does not receive a
1607	1607	two-thirds vote of all the members elected to each house,
1608	1608	Subchapter C, Chapter 8010A, Special District Local Laws Code, as
1609	1609	added by Subsection (a) of this section, is amended by adding
1610	1610	Section 8010A.0306 to read as follows:
1611	1611	Sec. 8010A.0306. NO EMINENT DOMAIN POWER. The district may
1612	1612	not exercise the power of eminent domain.
1613	1613	(d) Subsection (c) of this section is not intended to be an
1614	1614	expression of a legislative interpretation of the requirements of
1615	1615	Section 17(c), Article I, Texas Constitution.
1616	1616	SECTION 7. (a) The heading to Chapter 8221, Special
1617	1617	District Local Laws Code, is amended to read as follows:
1618	1618	CHAPTER 8221. WILLIAMSON COUNTY [3 B&J] MUNICIPAL UTILITY DISTRICT
1619	1619	NO. 51
1620	1620	(b) Section 8221.001(3), Special District Local Laws Code,
1621	1621	is amended to read as follows:
1622	1622	(3) "District" means the Williamson County [3 B&J]
1623	1623	Municipal Utility District No. 51.
1624	1624	(c) Section 8221.202, Special District Local Laws Code, is
1625	1625	amended to read as follows:
1626	1626	Sec. 8221.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
1627	1627	the time bonds or other obligations payable wholly or partly from ad
1628	1628	valorem taxes are issued,[:
1629	1629	[(1)] the board shall provide for the annual
1630	1630	imposition of [impose] a continuing direct annual ad valorem tax,
1631	1631	without limit to the rate or amount of the tax while all or part of
1632	1632	the bonds are outstanding as provided by Sections 54.601 and
1633	1633	54.602, Water Code [at a rate not to exceed the rate approved at an
1634	1634	election held under Section 8221.151, for each year that all or part
1635	1635	of the bonds are outstanding; and
1636	1636	[(2) the district annually shall impose an ad valorem
1637	1637	tax on all taxable property in the district in an amount sufficient
1638	1638	to:
1639	1639	[(A) pay the interest on the bonds or other
1640	1640	obligations as the interest becomes due;
1641	1641	[(B) create a sinking fund for the payment of the
1642	1642	principal of the bonds or other obligations when due or the
1643	1643	redemption price at any earlier required redemption date; and
1644	1644	[(C) pay the expenses of imposing the taxes].
1645	1645	(d) The Williamson County Municipal Utility District No. 51
1646	1646	retains all the rights, powers, privileges, authority, duties, and
1647	1647	functions that it had before the effective date of this Act.
1648	1648	(e) The legislature validates and confirms all governmental
1649	1649	acts and proceedings of the Williamson County Municipal Utility
1650	1650	District No. 51 that were taken before the effective date of this
1651	1651	Act.
1652	1652	(f) The legislature validates and confirms all governmental
1653	1653	acts and proceedings relating to the creation and the consent to the
1654	1654	creation of the Williamson County Municipal Utility District
1655	1655	No. 51.
1656	1656	(g) Subsections (e) and (f) of this section do not apply to
1657	1657	any matter that on the effective date of this Act:
1658	1658	(1) is involved in litigation if the litigation
1659	1659	ultimately results in the matter being held invalid by a final court
1660	1660	judgment; or
1661	1661	(2) has been held invalid by a final court judgment.
1662	1662	SECTION 8. Sections 8221.003(b), 8221.105, 8221.106,
1663	1663	8221.107, and 8221.108, Special District Local Laws Code, are
1664	1664	repealed.
1665	1665	SECTION 10. (a) Chapter 175, Local Government Code, as
1666	1666	amended by this Act, applies according to its terms to all eligible
1667	1667	persons who leave employment with a township on or after January 1,
1668	1668	2024.
1669	1669	(b) A township that is required by Chapter 175, Local
1670	1670	Government Code, as amended by this Act, to provide continued
1671	1671	health benefits coverage but that is not allowed to provide the
1672	1672	coverage under the terms of the township's existing group health
1673	1673	plan shall ensure that the required continued health benefits
1674	1674	coverage is provided for in any new plan that is adopted by the
1675	1675	township on or after January 1, 2024, unless the township is
1676	1676	exempted under Section 175.007, Local Government Code.
1677	1677	Explanation: This change is necessary to:
1678	1678	(1) allow a firefighter, police officer, or emergency
1679	1679	services provider employed by certain townships to receive
1680	1680	retirement benefits;
1681	1681	(2) create certain special purpose districts; and
1682	1682	(3) change the name and certain duties of the 3 B&J
1683	1683	Municipal Utility District.
1684	1684	(2) House Rule 13, Section 9(a)(1), is suspended to permit
1685	1685	the committee to change, alter, or amend text not in disagreement in
1686	1686	SECTION 5 of the bill, in added Sections 7968A.0106(a) and (b),
1687	1687	Special District Local Laws Code, by striking "Section 2" and
1688	1688	substituting "Section 5(b)".
1689	1689	Explanation: This change is necessary to correct the
1690	1690	cross-references.
1691	1691	(3) House Rule 13, Section 9(a)(1), is suspended to permit
1692	1692	the committee to change, alter, or amend text which is not in
1693	1693	disagreement in proposed SECTIONS 9 and 11 of the bill, adding local
1694	1694	notice and effective date language, to read as follows:
1695	1695	SECTION 9. (a) The legal notice of the intention to file
1696	1696	bills creating or affecting each district described by this Act, as
1697	1697	applicable, has been published as provided by law, and the notice
1698	1698	and a copy of this Act have been furnished to all persons, agencies,
1699	1699	officials, or entities to which they are required to be furnished
1700	1700	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
1701	1701	Government Code.
1702	1702	(b) The governor, one of the required recipients, has
1703	1703	submitted the notice and a copy of a bill to create or affect each
1704	1704	applicable district described by this Act to the Texas Commission
1705	1705	on Environmental Quality.
1706	1706	(c) The Texas Commission on Environmental Quality has filed
1707	1707	its recommendations relating to each bill to create or affect each
1708	1708	applicable district described by this Act with the governor, the
1709	1709	lieutenant governor, and the speaker of the house of
1710	1710	representatives within the required time.
1711	1711	(d) All requirements of the constitution and laws of this
1712	1712	state and the rules and procedures of the legislature with respect
1713	1713	to the notice, introduction, and passage of each bill to create or
1714	1714	affect each applicable district described by this Act are fulfilled
1715	1715	and accomplished.
1716	1716	SECTION 11. (a) Except as provided by Subsection (b) of
1717	1717	this section, this Act takes effect immediately if it receives a
1718	1718	vote of two-thirds of all the members elected to each house, as
1719	1719	provided by Section 39, Article III, Texas Constitution. If this
1720	1720	Act does not receive the vote necessary for immediate effect, this
1721	1721	Act takes effect September 1, 2023.
1722	1722	(b) Sections 1 and 10 of this Act take effect September 1,
1723	1723	2023.
1724	1724	Explanation: This change is necessary to comply with the
1725	1725	constitutional requirements of publishing notice and to clarify the
1726	1726	dates on which the Act takes effect.
1727	1727	Bell of Montgomery
1728	1728	______________________________
1729	1729	Speaker of the House
1730	1730	I certify that H.R. No. 2470 was adopted by the House on May
1731	1731	28, 2023, by the following vote: Yeas 129, Nays 1, 3 present, not
1732	1732	voting.
1733	1733	______________________________
1734	1734	Chief Clerk of the House